80_FR_22327 80 FR 22251 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

80 FR 22251 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 76 (April 21, 2015)

Page Range22251-22254
FR Document2015-09069

Federal Register, Volume 80 Issue 76 (Tuesday, April 21, 2015)
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22251-22254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09069]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74733; File No. SR-C2-2015-007]


Self-Regulatory Organizations; C2 Options Exchange, Incorporated; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Amend the Fees Schedule

April 15, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on April 10, 2015, C2 Options Exchange, Incorporated (the 
``Exchange'' or ``C2'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I, II, and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the 
proposed rule change is available on the

[[Page 22252]]

Exchange's Web site (http://www.c2exchange.com/Legal/), at the 
Exchange's Office of the Secretary, and at the Commission's Public 
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule.\3\ Specifically, 
the Exchange proposes to amend its fees for the Russell 2000 Index 
(``RUT''). As of April 1, 2015, RUT is listed exclusively on C2 and 
Chicago Board Options Exchange, Incorporated (``CBOE''). As such, the 
Exchange proposes to make conforming changes to its Fees Schedule.
---------------------------------------------------------------------------

    \3\ C2 initially filed the proposed fee change on March 31, 2015 
(SR-C2-2015-004). On April 10, 2015, C2 withdrew that filing and 
submitted this filing.
---------------------------------------------------------------------------

    Currently the Exchange assesses different fees and rebates for 
simple and complex RUT orders. Specifically, for simple, non-complex 
RUT orders, the Exchange assesses the following per-contract fees 
structure (rebates in parentheses):

------------------------------------------------------------------------
                                                      Maker    Taker fee
------------------------------------------------------------------------
Public Customer...................................   * ($.75)       $.80
C2 Market-Maker...................................       .00         .80
All Other Origins (Professional Customer, Firm,          .50         .80
 Broker/Dealer, non-C2 Market-Maker, JBO, etc.)...
Trades on the Open................................       .00         .00
------------------------------------------------------------------------

    For complex orders in RUT, the Exchange currently assesses the 
following per-contract fees structure (rebates in parentheses):

------------------------------------------------------------------------
                                                    Maker fee/ Taker fee/
                                                     (rebate)   (rebate)
------------------------------------------------------------------------
Public Customer...................................   * ($.75)   * ($.75)
C2 Market-Maker...................................       .85        .85
All Other Origins (Professional Customer, Firm,          .85        .85
 Broker/Dealer, non-C2 Market-Maker, JBO, etc.)...
Trades on the Open................................       .00        .00
------------------------------------------------------------------------

    The Exchange notes that for both simple and complex RUT orders, 
rebates do not apply to orders that trade with Public Customer complex 
orders. In such circumstances, there is no fee or rebate. In light of 
the new licensing arrangement for RUT, the Exchange seeks to amend its 
RUT fees structure. Specifically, the Exchange seeks to eliminate the 
Maker-Taker fee structure for RUT and instead adopt standard 
transaction fees. The Exchange also proposes to eliminate the Public 
Customer rebates for RUT, as well as change the current fee amounts 
assessed. The Exchange notes that Trades on the Open will continue to 
not be assessed a fee or rebate. For both simple and non-complex RUT 
orders, the Exchange proposes to assess the following per-contract 
fees:

------------------------------------------------------------------------
                             RUT
------------------------------------------------------------------------
Public Customer..............................................       $.15
C2 Market-Maker..............................................        .35
All Other Origins (Professional Customer, Firm, Broker/              .55
 Dealer, non-C2 Market-Maker, JBO, etc.).....................
Trades on the Open...........................................        .00
------------------------------------------------------------------------

    Additionally, the Exchange notes that it currently assesses an 
Index License Surcharge for RUT (``RUT Surcharge'') of $0.30 per 
contract for all non-Public Customer orders. The Exchange now proposes 
to increase the RUT Surcharge from $0.30 to 0.45 per contract in order 
to recoup the increased costs associated with the RUT license. The 
Exchange will still be subsidizing the costs of the RUT license.
    Finally, the Exchange proposes to delete sections (B) and (D) from 
Section 1 of the Fees Schedule. The Exchange notes that as of January 
2015, the fees for simple, non-complex orders in equities, multiply-
listed index, ETF, and ETN options classes are the same and the fees 
for complex orders in equities, multiply-listed index, ETF, and ETN 
options classes are the same (i.e., there is no longer a distinction 
between fees and rebates for equities options class and multiply-listed 
index, ETF, and ETN options classes). As such, the Exchange proposes to 
consolidate its Fees Schedule and add ``equities'' to Section 1A and 
the current Section 1C (which will now be renumbered as ``B''). The 
Exchange believes the proposed rule change will make the Fees Schedule 
easier to read and alleviate potential confusion. The Exchange notes 
that no substantive changes are being made by this change.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\4\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \5\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with 
Section 6(b)(4) of the Act,\6\ which requires that Exchange rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its Trading Permit Holders and other persons using 
its facilities.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable to charge different fee 
amounts to different user types in the manner proposed because the 
proposed fees are consistent with the price differentiation that exists 
today at other options exchanges (for example, the proposed fees are 
comparable with fees for other index option products, traded on CBOE -
including RUT \7\). Additionally, while the Exchange notes that the fee 
structure for RUT is changing from a Maker-Taker structure to a 
standard transaction fees structure, the Exchange believes the proposed 
fee amounts for RUT orders are reasonable because the proposed fee 
amounts are within the range of standard transaction fee amounts

[[Page 22253]]

charged for RUT at another exchange (i.e., CBOE).\8\
---------------------------------------------------------------------------

    \7\ See CBOE Fees Schedule, Specified Proprietary Index Options 
Rate Table.
    \8\ See CBOE Fees Schedule, Specified Proprietary Index Options 
Rate Table, which shows that standard transaction fees for RUT 
orders range from $0.18 per contract to $0.65 per contract.
---------------------------------------------------------------------------

    The Exchange believes it is reasonable, equitable and not unfairly 
discriminatory to eliminate the rebates for Public Customers for RUT 
transactions because the Exchange devotes a lot of resources to 
developing and maintain an exclusively-listed product and therefore 
does not desire to offer a rebate associated with exclusively-listed 
products. The Exchange notes that this proposed change will apply to 
all Public Customers for all RUT transactions. The Exchange also 
believes that it is equitable and not unfairly discriminatory to assess 
lower fees to Public Customers as compared to other market participants 
because Public Customer order flow enhances liquidity on the Exchange 
for the benefit of all market participants. Specifically, Public 
Customer liquidity benefits all market participants by providing more 
trading opportunities, which attracts Market-Makers. An increase in the 
activity of these market participants in turn facilitates tighter 
spreads, which may cause an additional corresponding increase in order 
flow from other market participants. Moreover, the options industry has 
a long history of providing preferential pricing to Public Customers, 
and the Exchange's current Fees Schedule currently does so in many 
places, as do the fees structures of many other exchanges. Finally, all 
fee amounts listed as applying to Public Customers will be applied 
equally to all Public Customers (meaning that all Public Customers will 
be assessed the same amount).
    The Exchange believes that it is equitable and not unfairly 
discriminatory to, assess lower fees to Market-Makers as compared to 
other market participants other than Public Customers because Market-
Makers, unlike other market participants, take on a number of 
obligations, including quoting obligations, that other market 
participants do not have. Further, these lower fees offered to Market-
Makers are intended to incent Market-Makers to quote and trade more on 
C2, thereby providing more trading opportunities for all market 
participants. Finally, all fee amounts listed as applying to Market-
Makers will be applied equally to all Market-Makers (meaning that all 
Market-Makers will be assessed the same amount). Similarly, the 
Exchange notes that the RUT fee amounts for each separate type of other 
market participants will be assessed equally to all such market 
participants (i.e. all Broker-Dealer orders will be assessed the same 
amount, all Joint Back-Office orders will be assessed the same amount, 
etc.).
    The Exchange believes increasing the RUT Surcharge is reasonable 
because the Exchange still pays more for the RUT license than the 
amount of the proposed RUT Surcharge (meaning that the Exchange is, and 
will still be, subsidizing the costs of the RUT license). This increase 
is equitable and not unfairly discriminatory because the increased 
amount will be assessed to all market participants to whom the RUT 
Surcharge applies. Not applying the RUT Index License Surcharge Fee to 
Public Customer orders is equitable and not unfairly discriminatory 
because this is designed to attract Public Customer RUT orders, which 
increases liquidity and provides greater trading opportunities to all 
market participants.
    The Exchange believes that the proposed new fee structure for 
simple and complex RUT options is equitable and not unfairly 
discriminatory because the structure and fee amounts are identical for 
both simple and complex RUT orders.
    Finally, the Exchange believes that eliminating sections B and D of 
Section 1 of the Fees Schedule and consolidating it with current 
sections A and C, respectively, maintains clarity in the Fees Schedule 
and promotes just and equitable principles of trade by eliminating 
potential confusion and removing impediments to and perfecting the 
mechanism of a free and open market and a national market system.

B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 does not believe that the proposed rule changes will impose any 
burden on competition that are not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that the proposed rule change will impose any burden on intramarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act because, while different fees are assessed to 
different market participants in some circumstances, these different 
market participants have different obligations and different 
circumstances as discussed above. For example, Market-Makers have 
quoting obligations that other market participants do not have. 
Further, the proposed fees structure for RUT is intended to encourage 
more trading of RUT, which brings liquidity to the Exchange and 
benefits all market participants.
    The Exchange does not believe that the proposed rule changes will 
impose any burden on intermarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act because RUT will 
now be exclusively listed on C2 (and CBOE). To the extent that the 
proposed changes make C2 a more attractive marketplace for market 
participants at other exchanges, such market participants are welcome 
to become C2 market participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-C2-2015-007 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.


[[Page 22254]]


All submissions should refer to File Number SR-C2-2015-007. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-C2-2015-007 and should be 
submitted on or before May 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-09069 Filed 4-20-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices                                                  22251

                                              information by its employees.21 The                      rules and applicable federal securities                 (10) A minimum of 100,000 Shares
                                              Exchange states that the Adviser is not                  laws.                                                 will be outstanding at the
                                              a broker-dealer, and is not affiliated                      (3) The Exchange has appropriate                   commencement of trading on the
                                              with any broker-dealer. In addition, the                 rules to facilitate transactions in the               Exchange.
                                              Exchange states that in the event (a) the                Shares during all trading sessions.                     This approval order is based on all of
                                              Adviser becomes affiliated with a                           (4) Prior to the commencement of                   the Exchange’s representations,
                                              broker-dealer or registers as a broker-                  trading, the Exchange will inform its                 including those set forth above and in
                                              dealer, or (b) any new adviser or sub-                   members in an Information Circular of                 the Notice. For the foregoing reasons,
                                              adviser is a registered broker-dealer or                 the special characteristics and risks                 the Commission finds that the proposed
                                              becomes affiliated with a broker-dealer,                 associated with trading the Shares.                   rule change is consistent with section
                                              it will implement a fire wall with                       Specifically, the Information Circular                6(b)(5) of the Act 25 and the rules and
                                              respect to its relevant personnel and/or                 will discuss the following: (a) The                   regulations thereunder applicable to a
                                              such broker-dealer affiliate, as                         procedures for purchases and                          national securities exchange.
                                              applicable, regarding access to                          redemptions of Shares in Creation Units
                                                                                                       (and that Shares are not individually                 IV. Conclusion
                                              information concerning the composition
                                              and/or changes to the portfolio and will                 redeemable); (b) Nasdaq Rule 2111A,                      It is therefore ordered, pursuant to
                                              be subject to procedures designed to                     which imposes suitability obligations on              section 19(b)(2) of the Exchange Act,26
                                              prevent the use and dissemination of                     Nasdaq members with respect to                        that the proposed rule change (SR–
                                              material nonpublic information                           recommending transactions in the                      NASDAQ–2015–013) be, and it hereby
                                              regarding such portfolio.22                              Shares to customers; (c) the                          is, approved.
                                                                                                       dissemination of information regarding                  For the Commission, by the Division of
                                                 FINRA, on behalf of the Exchange,
                                                                                                       the Intraday Indicative Value through                 Trading and Markets, pursuant to delegated
                                              will communicate as needed regarding
                                                                                                       major index service providers such as                 authority.27
                                              trading in the Shares and other
                                                                                                       NASDAQ OMX proprietary index data                     Brent J. Fields,
                                              exchange-traded securities with other
                                                                                                       services or other major market                        Secretary.
                                              markets and other entities that are ISG
                                                                                                       proprietary index services; (d) the risks
                                              members, and FINRA, on behalf of the                                                                           [FR Doc. 2015–09064 Filed 4–20–15; 8:45 am]
                                                                                                       involved in trading the Shares during
                                              Exchange, may obtain trading                                                                                   BILLING CODE 8011–01–P
                                                                                                       the Pre-Market and Post-Market
                                              information regarding trading in the
                                                                                                       Sessions when an updated Intraday
                                              Shares and other exchange-traded
                                                                                                       Indicative Value will not be calculated               SECURITIES AND EXCHANGE
                                              securities from such markets and other
                                                                                                       or publicly disseminated; (e) the                     COMMISSION
                                              entities. In addition, the Exchange may
                                                                                                       requirement that members deliver a
                                              obtain information regarding trading in                                                                        [Release No. 34–74733; File No. SR–C2–
                                                                                                       prospectus to investors purchasing
                                              the Shares and other exchange-traded                                                                           2015–007]
                                                                                                       newly issued Shares prior to or
                                              securities from markets and other
                                                                                                       concurrently with the confirmation of a
                                              entities that are members of ISG or with                                                                       Self-Regulatory Organizations; C2
                                                                                                       transaction; (f) trading information; and
                                              which the Exchange has in place a                                                                              Options Exchange, Incorporated;
                                                                                                       (g) the dissemination of the Disclosed
                                              comprehensive surveillance sharing                                                                             Notice of Filing and Immediate
                                                                                                       Portfolio through the Fund’s Web site.
                                              agreement.23                                                (5) For initial and/or continued                   Effectiveness of a Proposed Rule
                                                 The Commission notes that the Fund                    listing, the Fund must be in compliance               Change To Amend the Fees Schedule
                                              and the Shares must comply with the                      with Rule 10A–3 24 under the Act.                     April 15, 2015.
                                              requirements of Nasdaq Rule 5735 to be                      (6) The Fund may invest up to 30%
                                              listed and traded on the Exchange.                                                                                Pursuant to Section 19(b)(1) of the
                                                                                                       of its net assets in foreign equity                   Securities Exchange Act of 1934 (the
                                              Nasdaq deems the Shares to be equity                     securities of small cap companies traded
                                              securities, thus rendering trading in the                                                                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                       on a U.S. exchange as ADRs, which may                 notice is hereby given that on April 10,
                                              Shares subject to Nasdaq’s existing rules                include companies in emerging markets.
                                              governing the trading of equity                                                                                2015, C2 Options Exchange,
                                                                                                          (7) The Fund may hold up to an                     Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
                                              securities. In support of this proposal,                 aggregate amount of 15% of its net
                                              the Exchange represented that:                                                                                 filed with the Securities and Exchange
                                                                                                       assets in illiquid securities or other                Commission (the ‘‘Commission’’) the
                                                 (1) The Shares will be subject to                     illiquid assets (calculated at the time of            proposed rule change as described in
                                              Nasdaq Rule 5735, which sets forth the                   investment).                                          Items I, II, and III below, which Items
                                              initial and continued listing criteria                      (8) The Fund may not invest more
                                                                                                                                                             have been prepared by the Exchange.
                                              applicable to Managed Fund Shares.                       than 25% of the value of its total assets
                                                                                                                                                             The Commission is publishing this
                                                 (2) Trading in the Shares will be                     in securities of issuers in any one
                                                                                                                                                             notice to solicit comments on the
                                              subject to the existing trading                          industry or group of industries. This
                                                                                                                                                             proposed rule change from interested
                                              surveillances administered by both                       restriction does not apply to obligations
                                                                                                                                                             persons.
                                              Nasdaq and FINRA on behalf of the                        issued or guaranteed by the U.S.
                                              Exchange, which are designed to detect                   government, its agencies or                           I. Self-Regulatory Organization’s
                                              violations of Exchange rules and                         instrumentalities, or securities of other             Statement of the Terms of Substance of
                                              applicable federal securities laws, and                  registered investment companies.                      the Proposed Rule Change
                                              these procedures are adequate to                            (9) Not more than 10% of the net                      The Exchange proposes to amend its
                                              properly monitor Exchange trading of                     assets of the Fund, in the aggregate, will            Fees Schedule. The text of the proposed
tkelley on DSK3SPTVN1PROD with NOTICES




                                              the Shares in all trading sessions and to                be invested in unlisted equity securities             rule change is available on the
                                              deter and detect violations of Exchange                  or equity securities not listed on an
                                                                                                       exchange that is a member of the ISG or                 25 15 U.S.C. 78f(b)(5).
                                                21 Seeid. at 11508.                                    a party to a comprehensive surveillance                 26 15 U.S.C. 78s(b)(2).
                                               22 See supra note 7.                                    sharing agreement with the Exchange.                    27 17 CFR 200.30–3(a)(12).

                                               23 For a list of the current members of ISG, see                                                                1 15 U.S.C. 78s(b)(1).

                                              www.isgportal.org.                                         24 See   17 CFR 240.10A–3.                            2 17 CFR 240.19b–4.




                                         VerDate Sep<11>2014   18:07 Apr 20, 2015   Jkt 235001    PO 00000   Frm 00090   Fmt 4703   Sfmt 4703   E:\FR\FM\21APN1.SGM    21APN1


                                              22252                          Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices

                                              Exchange’s Web site (http://                                                           Maker          Taker     Exchange proposes to consolidate its
                                              www.c2exchange.com/Legal/), at the                                                      fee/           fee/     Fees Schedule and add ‘‘equities’’ to
                                              Exchange’s Office of the Secretary, and                                               (rebate)       (rebate)   Section 1A and the current Section 1C
                                              at the Commission’s Public Reference                    Public Customer .......         * ($.75)       * ($.75)
                                                                                                                                                              (which will now be renumbered as ‘‘B’’).
                                              Room.                                                   C2 Market-Maker ......              .85            .85 The Exchange believes the proposed
                                                                                                      All Other Origins                                       rule change will make the Fees
                                              II. Self-Regulatory Organization’s
                                                                                                        (Professional Cus-                                    Schedule easier to read and alleviate
                                              Statement of the Purpose of, and                          tomer, Firm,                                          potential confusion. The Exchange notes
                                              Statutory Basis for, the Proposed Rule                    Broker/Dealer, non-                                   that no substantive changes are being
                                              Change                                                    C2 Market-Maker,                                      made by this change.
                                                                                                        JBO, etc.) ..............         .85           .85
                                                In its filing with the Commission, the                Trades on the Open                  .00           .00   2. Statutory Basis
                                              Exchange included statements
                                              concerning the purpose of and basis for                    The Exchange notes that for both                         The Exchange believes the proposed
                                              the proposed rule change and discussed                  simple and complex RUT orders, rebates                   rule change is consistent with the
                                              any comments it received on the                         do not apply to orders that trade with                   Securities Exchange Act of 1934 (the
                                              proposed rule change. The text of these                 Public Customer complex orders. In                       ‘‘Act’’) and the rules and regulations
                                              statements may be examined at the                       such circumstances, there is no fee or                   thereunder applicable to the Exchange
                                              places specified in Item IV below. The                  rebate. In light of the new licensing                    and, in particular, the requirements of
                                              Exchange has prepared summaries, set                    arrangement for RUT, the Exchange                        Section 6(b) of the Act.4 Specifically,
                                              forth in sections A, B, and C below, of                 seeks to amend its RUT fees structure.                   the Exchange believes the proposed rule
                                              the most significant aspects of such                    Specifically, the Exchange seeks to                      change is consistent with the Section
                                              statements.                                             eliminate the Maker-Taker fee structure                  6(b)(5) 5 requirements that the rules of
                                                                                                      for RUT and instead adopt standard                       an exchange be designed to prevent
                                              A. Self-Regulatory Organization’s                       transaction fees. The Exchange also                      fraudulent and manipulative acts and
                                              Statement of the Purpose of, and                        proposes to eliminate the Public                         practices, to promote just and equitable
                                              Statutory Basis for, the Proposed Rule                  Customer rebates for RUT, as well as                     principles of trade, to foster cooperation
                                              Change                                                  change the current fee amounts                           and coordination with persons engaged
                                                                                                      assessed. The Exchange notes that                        in regulating, clearing, settling,
                                              1. Purpose
                                                                                                      Trades on the Open will continue to not                  processing information with respect to,
                                                  The Exchange proposes to amend its                  be assessed a fee or rebate. For both                    and facilitating transactions in
                                              Fees Schedule.3 Specifically, the                       simple and non-complex RUT orders,                       securities, to remove impediments to
                                              Exchange proposes to amend its fees for                 the Exchange proposes to assess the
                                                                                                                                                               and perfect the mechanism of a free and
                                              the Russell 2000 Index (‘‘RUT’’). As of                 following per-contract fees:
                                                                                                                                                               open market and a national market
                                              April 1, 2015, RUT is listed exclusively                                                                         system, and, in general, to protect
                                                                                                                          RUT
                                              on C2 and Chicago Board Options                                                                                  investors and the public interest.
                                              Exchange, Incorporated (‘‘CBOE’’). As                  Public Customer ...........................          $.15 Additionally, the Exchange believes the
                                              such, the Exchange proposes to make                    C2 Market-Maker ..........................            .35 proposed rule change is consistent with
                                              conforming changes to its Fees                         All Other Origins (Professional                           Section 6(b)(4) of the Act,6 which
                                              Schedule.                                                 Customer, Firm, Broker/Dealer,                         requires that Exchange rules provide for
                                                                                                        non-C2 Market-Maker, JBO,
                                                  Currently the Exchange assesses                       etc.) ...........................................  .55
                                                                                                                                                               the equitable allocation of reasonable
                                              different fees and rebates for simple and Trades on the Open .....................                           .00 dues, fees, and other charges among its
                                              complex RUT orders. Specifically, for                                                                            Trading Permit Holders and other
                                              simple, non-complex RUT orders, the                       Additionally, the Exchange notes that persons using its facilities.
                                              Exchange assesses the following per-                   it currently assesses an Index License                       The Exchange believes it is reasonable
                                              contract fees structure (rebates in                    Surcharge for RUT (‘‘RUT Surcharge’’)                     to charge different fee amounts to
                                              parentheses):                                          of $0.30 per contract for all non-Public                  different user types in the manner
                                                                                                     Customer orders. The Exchange now                         proposed because the proposed fees are
                                                                              Maker       Taker fee proposes to increase the RUT Surcharge                     consistent with the price differentiation
                                                                                                     from $0.30 to 0.45 per contract in order                  that exists today at other options
                                              Public Customer .......          * ($.75)         $.80 to recoup the increased costs associated
                                              C2 Market-Maker ......               .00           .80 with the RUT license. The Exchange
                                                                                                                                                               exchanges (for example, the proposed
                                              All Other Origins                                                                                                fees are comparable with fees for other
                                                                                                     will still be subsidizing the costs of the                index option products, traded on CBOE
                                                  (Professional Cus-
                                                                                                     RUT license.                                              -including RUT 7). Additionally, while
                                                  tomer, Firm,
                                                                                                        Finally, the Exchange proposes to                      the Exchange notes that the fee structure
                                                  Broker/Dealer, non-
                                                  C2 Market-Maker,                                   delete sections (B) and (D) from Section for RUT is changing from a Maker-Taker
                                                  JBO, etc.) ..............        .50           .80 1 of the Fees Schedule. The Exchange                      structure to a standard transaction fees
                                              Trades on the Open                   .00           .00 notes that as of January 2015, the fees                   structure, the Exchange believes the
                                                                                                     for simple, non-complex orders in
                                                                                                                                                               proposed fee amounts for RUT orders
                                                                                                     equities, multiply-listed index, ETF, and
                                                  For complex orders in RUT, the                                                                               are reasonable because the proposed fee
                                                                                                     ETN options classes are the same and
                                              Exchange currently assesses the                                                                                  amounts are within the range of
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                                                                                                     the fees for complex orders in equities,
                                              following per-contract fees structure                                                                            standard transaction fee amounts
                                                                                                     multiply-listed index, ETF, and ETN
                                              (rebates in parentheses):
                                                                                                     options classes are the same (i.e., there                   4 15 U.S.C. 78f(b).
                                                                                                     is no longer a distinction between fees                     5 15 U.S.C. 78f(b)(5).
                                                 3 C2 initially filed the proposed fee change on
                                                                                                     and rebates for equities options class                      6 15 U.S.C. 78f(b)(4).
                                              March 31, 2015 (SR–C2–2015–004). On April 10,
                                              2015, C2 withdrew that filing and submitted this       and multiply-listed index, ETF, and                         7 See CBOE Fees Schedule, Specified Proprietary

                                              filing.                                                ETN options classes). As such, the                        Index Options Rate Table.



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                                                                             Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices                                           22253

                                              charged for RUT at another exchange                     separate type of other market                         to the Exchange and benefits all market
                                              (i.e., CBOE).8                                          participants will be assessed equally to              participants.
                                                 The Exchange believes it is                          all such market participants (i.e. all                   The Exchange does not believe that
                                              reasonable, equitable and not unfairly                  Broker-Dealer orders will be assessed                 the proposed rule changes will impose
                                              discriminatory to eliminate the rebates                 the same amount, all Joint Back-Office                any burden on intermarket competition
                                              for Public Customers for RUT                            orders will be assessed the same                      that is not necessary or appropriate in
                                              transactions because the Exchange                       amount, etc.).                                        furtherance of the purposes of the Act
                                              devotes a lot of resources to developing                   The Exchange believes increasing the               because RUT will now be exclusively
                                              and maintain an exclusively-listed                      RUT Surcharge is reasonable because                   listed on C2 (and CBOE). To the extent
                                              product and therefore does not desire to                the Exchange still pays more for the                  that the proposed changes make C2 a
                                              offer a rebate associated with                          RUT license than the amount of the                    more attractive marketplace for market
                                              exclusively-listed products. The                        proposed RUT Surcharge (meaning that                  participants at other exchanges, such
                                              Exchange notes that this proposed                       the Exchange is, and will still be,                   market participants are welcome to
                                              change will apply to all Public                         subsidizing the costs of the RUT                      become C2 market participants.
                                              Customers for all RUT transactions. The                 license). This increase is equitable and
                                                                                                      not unfairly discriminatory because the               C. Self-Regulatory Organization’s
                                              Exchange also believes that it is
                                                                                                      increased amount will be assessed to all              Statement on Comments on the
                                              equitable and not unfairly
                                                                                                      market participants to whom the RUT                   Proposed Rule Change Received From
                                              discriminatory to assess lower fees to
                                                                                                      Surcharge applies. Not applying the                   Members, Participants, or Others
                                              Public Customers as compared to other
                                              market participants because Public                      RUT Index License Surcharge Fee to                      The Exchange neither solicited nor
                                              Customer order flow enhances liquidity                  Public Customer orders is equitable and               received comments on the proposed
                                              on the Exchange for the benefit of all                  not unfairly discriminatory because this              rule change.
                                              market participants. Specifically, Public               is designed to attract Public Customer
                                                                                                      RUT orders, which increases liquidity                 III. Date of Effectiveness of the
                                              Customer liquidity benefits all market                                                                        Proposed Rule Change and Timing for
                                              participants by providing more trading                  and provides greater trading
                                                                                                      opportunities to all market participants.             Commission Action
                                              opportunities, which attracts Market-
                                              Makers. An increase in the activity of                     The Exchange believes that the                        The foregoing rule change has become
                                              these market participants in turn                       proposed new fee structure for simple                 effective pursuant to Section 19(b)(3)(A)
                                              facilitates tighter spreads, which may                  and complex RUT options is equitable                  of the Act 9 and paragraph (f) of Rule
                                              cause an additional corresponding                       and not unfairly discriminatory because               19b–4 10 thereunder. At any time within
                                              increase in order flow from other market                the structure and fee amounts are                     60 days of the filing of the proposed rule
                                              participants. Moreover, the options                     identical for both simple and complex                 change, the Commission summarily may
                                              industry has a long history of providing                RUT orders.                                           temporarily suspend such rule change if
                                                                                                         Finally, the Exchange believes that                it appears to the Commission that such
                                              preferential pricing to Public Customers,
                                                                                                      eliminating sections B and D of Section               action is necessary or appropriate in the
                                              and the Exchange’s current Fees
                                                                                                      1 of the Fees Schedule and                            public interest, for the protection of
                                              Schedule currently does so in many
                                                                                                      consolidating it with current sections A              investors, or otherwise in furtherance of
                                              places, as do the fees structures of many
                                                                                                      and C, respectively, maintains clarity in             the purposes of the Act. If the
                                              other exchanges. Finally, all fee
                                                                                                      the Fees Schedule and promotes just                   Commission takes such action, the
                                              amounts listed as applying to Public
                                                                                                      and equitable principles of trade by                  Commission will institute proceedings
                                              Customers will be applied equally to all
                                                                                                      eliminating potential confusion and                   to determine whether the proposed rule
                                              Public Customers (meaning that all
                                                                                                      removing impediments to and                           change should be approved or
                                              Public Customers will be assessed the
                                                                                                      perfecting the mechanism of a free and                disapproved.
                                              same amount).
                                                                                                      open market and a national market
                                                 The Exchange believes that it is                                                                           IV. Solicitation of Comments
                                                                                                      system.
                                              equitable and not unfairly
                                              discriminatory to, assess lower fees to                 B. Self-Regulatory Organization’s                       Interested persons are invited to
                                              Market-Makers as compared to other                      Statement on Burden on Competition                    submit written data, views, and
                                              market participants other than Public                                                                         arguments concerning the foregoing,
                                                                                                         C2 does not believe that the proposed              including whether the proposed rule
                                              Customers because Market-Makers,                        rule changes will impose any burden on
                                              unlike other market participants, take                                                                        change is consistent with the Act.
                                                                                                      competition that are not necessary or                 Comments may be submitted by any of
                                              on a number of obligations, including                   appropriate in furtherance of the
                                              quoting obligations, that other market                                                                        the following methods:
                                                                                                      purposes of the Act. The Exchange does
                                              participants do not have. Further, these                not believe that the proposed rule                    Electronic Comments
                                              lower fees offered to Market-Makers are                 change will impose any burden on
                                              intended to incent Market-Makers to                                                                             • Use the Commission’s Internet
                                                                                                      intramarket competition that is not                   comment form (http://www.sec.gov/
                                              quote and trade more on C2, thereby                     necessary or appropriate in furtherance
                                              providing more trading opportunities                                                                          rules/sro.shtml); or
                                                                                                      of the purposes of the Act because,                     • Send an email to rule-comments@
                                              for all market participants. Finally, all               while different fees are assessed to
                                              fee amounts listed as applying to                                                                             sec.gov. Please include File Number SR–
                                                                                                      different market participants in some                 C2–2015–007 on the subject line.
                                              Market-Makers will be applied equally                   circumstances, these different market
                                              to all Market-Makers (meaning that all                  participants have different obligations               Paper Comments
                                              Market-Makers will be assessed the
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      and different circumstances as                          • Send paper comments in triplicate
                                              same amount). Similarly, the Exchange                   discussed above. For example, Market-                 to Brent J. Fields, Secretary, Securities
                                              notes that the RUT fee amounts for each                 Makers have quoting obligations that                  and Exchange Commission, 100 F Street
                                                8 See CBOE Fees Schedule, Specified Proprietary
                                                                                                      other market participants do not have.                NE., Washington, DC 20549–1090.
                                              Index Options Rate Table, which shows that
                                                                                                      Further, the proposed fees structure for
                                              standard transaction fees for RUT orders range from     RUT is intended to encourage more                       9 15   U.S.C. 78s(b)(3)(A).
                                              $0.18 per contract to $0.65 per contract.               trading of RUT, which brings liquidity                  10 17   CFR 240.19b–4(f).



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                                              22254                            Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices

                                              All submissions should refer to File                      certified that, in her opinion, one or                Analyst, 202–205–7030, curtis.rich@
                                              Number SR–C2–2015–007. This file                          more of the exemptions set forth in 5                 sba.gov.
                                              number should be included on the                          U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)            SUPPLEMENTARY INFORMATION:
                                              subject line if email is used. To help the                and 17 CFR 200.402(a)(3), (5), (7), 9(ii)               All 8(a) participants are required to
                                              Commission process and review your                        and (10), permit consideration of the                 provide semiannual information on any
                                              comments more efficiently, please use                     scheduled matter at the Closed Meeting.               agents, representatives, attorneys, and
                                              only one method. The Commission will                         Commissioner Piwowar, as duty                      accounts receiving compensation to
                                              post all comments on the Commission’s                     officer, voted to consider the items                  assist in obtaining a Federal contract for
                                              Internet Web site (http://www.sec.gov/                    listed for the Closed Meeting in closed               the participant. The information
                                              rules/sro.shtml). Copies of the                           session, and determined that no earlier               addresses the amount of compensation
                                              submission, all subsequent                                notice thereof was possible.                          received and description of the
                                              amendments, all written statements                           The subject matter of the Closed                   activities performed in return for such
                                              with respect to the proposed rule                         Meeting will be:                                      compensation. The information is used
                                              change that are filed with the                               Institution and settlement of                      to ensure that participants do not engage
                                              Commission, and all written                               injunctive actions;                                   in any improper or illegal activity in
                                              communications relating to the                               Institution and settlement of                      connection with obtaining a contract.
                                              proposed rule change between the                          administrative proceedings; and
                                              Commission and any person, other than                        Other matters relating to enforcement              Solicitation of Public Comments
                                              those that may be withheld from the                       proceedings.                                            SBA is requesting comments on (a)
                                              public in accordance with the                                At times, changes in Commission                    Whether the collection of information is
                                              provisions of 5 U.S.C. 552, will be                       priorities require alterations in the                 necessary for the agency to properly
                                              available for Web site viewing and                        scheduling of meeting items.                          perform its functions; (b) whether the
                                              printing in the Commission’s Public                          For further information and to                     burden estimates are accurate; (c)
                                              Reference Room, 100 F Street NE.,                         ascertain what, if any, matters have been             whether there are ways to minimize the
                                              Washington, DC 20549 on official                          added, deleted or postponed, please                   burden, including through the use of
                                              business days between the hours of                        contact the Office of the Secretary at                automated techniques or other forms of
                                              10:00 a.m. and 3:00 p.m. Copies of the                    (202) 551–5400.                                       information technology; and (d) whether
                                              filing also will be available for                           Dated: April 16, 2015.                              there are ways to enhance the quality,
                                              inspection and copying at the principal                   Brent J. Fields,                                      utility, and clarity of the information.
                                              office of the Exchange. All comments                      Secretary.
                                              received will be posted without change;                                                                         Summary of Information Collection
                                                                                                        [FR Doc. 2015–09320 Filed 4–17–15; 11:15 am]
                                              the Commission does not edit personal                                                                             Title: Representatives Used and
                                                                                                        BILLING CODE 8011–01–P
                                              identifying information from                                                                                    Compensation Paid for Services in
                                              submissions. You should submit only                                                                             Connection with Obtaining Federal
                                              information that you wish to make                                                                               Contracts.
                                              available publicly. All submissions                       SMALL BUSINESS ADMINISTRATION                           Description of Respondents: 8(a)
                                              should refer to File Number SR–C2–                                                                              Program Participants.
                                                                                                        Data Collection Available for Public                    Form Number: SBA Form 1790.
                                              2015–007 and should be submitted on                       Comments
                                              or before May 12, 2015.                                                                                           Total Estimated Annual Responses:
                                                                                                                                                              15,628.
                                                For the Commission, by the Division of                        60-day notice and request for
                                                                                                        ACTION:
                                                                                                                                                                Total Estimated Annual Hour Burden:
                                              Trading and Markets, pursuant to delegated                comments.                                             3,907.
                                              authority.11
                                              Brent J. Fields,                                          SUMMARY:   The Small Business                         Curtis B. Rich,
                                              Secretary.
                                                                                                        Administration (SBA) intends to request               Management Analyst.
                                                                                                        approval, from the Office of                          [FR Doc. 2015–09205 Filed 4–20–15; 8:45 am]
                                              [FR Doc. 2015–09069 Filed 4–20–15; 8:45 am]
                                                                                                        Management and Budget (OMB) for the
                                              BILLING CODE 8011–01–P                                                                                          BILLING CODE 8025–01–P
                                                                                                        collection of information described
                                                                                                        below. The Paperwork Reduction Act
                                              SECURITIES AND EXCHANGE                                   (PRA) of 1995, 44 U.S.C. chapter 35                   SMALL BUSINESS ADMINISTRATION
                                              COMMISSION                                                requires federal agencies to publish a
                                                                                                        notice in the Federal Register                        [Disaster Declaration #14276 and #14277]
                                              Sunshine Act Meeting                                      concerning each proposed collection of
                                                                                                                                                              Rhode Island Disaster #RI–00014
                                                                                                        information before submission to OMB,
                                                Notice is hereby given, pursuant to                     and to allow 60 days for public                       AGENCY: U.S. Small Business
                                              the provisions of the Government in the                   comment in response to the notice. This               Administration.
                                              Sunshine Act, Public Law 94–409, that                     notice complies with that requirement.                ACTION: Notice.
                                              the Securities and Exchange
                                                                                                        DATES: Submit comments on or before
                                              Commission will hold a Closed Meeting                                                                           SUMMARY:   This is a Notice of the
                                                                                                        June 22, 2015.
                                              on Thursday, April 23, 2015 at 2 p.m.                                                                           Presidential declaration of a major
                                                Commissioners, Counsel to the                           ADDRESSES: Send all comments to
                                                                                                                                                              disaster for Public Assistance Only for
                                              Commissioners, the Secretary to the                       Melinda Edwards, Program Analyst,
                                                                                                                                                              the State of Rhode Island (FEMA–4212–
                                              Commission, and recording secretaries                     Office of Business Development, Small
                                                                                                                                                              DR), dated 04/03/2015.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              will attend the Closed Meeting. Certain                   Business Administration, 409 3rd Street,                Incident: Severe Winter Storm and
                                              staff members who have an interest in                     8th Floor, Washington, DC 20416.                      Snowstorm.
                                              the matters also may be present.                          FOR FURTHER INFORMATION CONTACT:                        Incident Period: 01/26/2015 through
                                                The General Counsel of the                              Melinda Edwards, Program Analyst,                     01/28/2015
                                              Commission, or her designee, has                          Business Development,                                   Effective Date: 04/03/2015.
                                                                                                        Melinda.edwards@sba.gov 202–619–                        Physical Loan Application Deadline
                                                11 17   CFR 200.30–3(a)(12).                            1843, or Curtis B. Rich, Management                   Date: 06/02/2015.


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Document Created: 2015-12-16 08:33:12
Document Modified: 2015-12-16 08:33:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 22251 

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