Self-Regulatory Organizations; Pacific Exchange, Inc.; Order Granting Approval of Proposed Rule Change Relating to Primary Only Orders, 13223 [E5-1183]
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For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.5
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5–1184 Filed 3–17–05; 8:45 am]
BILLING CODE 8010–01–P
CFR 200.30–3(a)(12).
VerDate jul<14>2003
16:14 Mar 17, 2005
[Release No. 34–51360; File No. SR–PCX–
2005–15]
Self-Regulatory Organizations; Pacific
Exchange, Inc.; Order Granting
Approval of Proposed Rule Change
Relating to Primary Only Orders
March 11, 2005.
Paper Comments
5 17
SECURITIES AND EXCHANGE
COMMISSION
Jkt 205001
On February 1, 2005, the Pacific
Exchange, Incorporated (‘‘PCX’’ or
‘‘Exchange’’), through its wholly-owned
subsidiary, PCX Equities (‘‘PCXE’’), filed
with the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change pursuant to
Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘;Act’’) 1 and
Rule 19b–4 thereunder,2 to amend PCXE
Rule 7.31(x), to provide that Primary
Only Orders (‘‘PO Orders’’) may apply
to Nasdaq securities traded on the
Archipelago Exchange (‘‘ArcaEx’’)
facility, and may be either market or
limit orders. The proposed rule change
was published for comment in the
Federal Register on February 9, 2005.3
The Commission received no comments
on the proposal. This order approves the
proposed rule change.
After careful review, the Commission
finds that the proposal is consistent
with the requirements of the Act and the
rules and regulations thereunder
applicable to a national securities
exchange 4 and, in particular, the
requirements of Section 6 of the Act 5
and the rules and regulations
thereunder. The Commission finds
specifically that the proposed rule
change is consistent with Section 6(b)(5)
of the Act 6 because it is designed to
foster cooperation and coordination
with persons engaged in facilitating
transactions in securities, and 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.
As proposed, PCXE Rule 7.31(x)
would define a PO Order as a market or
limit order that is to be routed to the
primary market, until a cut-off time
periodically determined by PCXE, and
would expand the PO Order
applicability from exclusively exchangeU.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 51125
(February 2, 2005), 70 FR 6914.
4 In approving this proposed rule change, the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
5 15 U.S.C. 78f.
6 15 U.S.C. 78f(b)(5).
PO 00000
1 15
2 17
Frm 00065
Fmt 4703
Sfmt 4703
13223
listed securities to include Nasdaq Stock
Market, Inc. (‘‘Nasdaq’’) securities. The
Commission notes that PO market
orders in Nasdaq securities received
prior to 6:28 a.m. PT will be marked OnOpen and will be routed to Nasdaq for
possible participation in Nasdaq’s
Opening Cross. As such, the
Commission believes that implementing
these changes may provide market
participants with more choices for
executing orders on the opening. In
addition, the Commission believes that
expanding the applicability of PO
Orders to limit orders and to Nasdaq
listed securities should enhance the
opportunity for ArcaEx users to have
their orders executed on the primary
market.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,7 that the
proposed rule change (SR–PCX–2005–
15) be, and it hereby is, approved.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.8
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5–1183 Filed 3–17–05; 8:45 am]
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[FR Doc. 05–5353 Filed 3–17–05; 8:45 am]
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E:\FR\FM\18MRN1.SGM
U.S.C. 78s(b)(2).
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[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Notices]
[Page 13223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1183]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-51360; File No. SR-PCX-2005-15]
Self-Regulatory Organizations; Pacific Exchange, Inc.; Order
Granting Approval of Proposed Rule Change Relating to Primary Only
Orders
March 11, 2005.
On February 1, 2005, the Pacific Exchange, Incorporated (``PCX'' or
``Exchange''), through its wholly-owned subsidiary, PCX Equities
(``PCXE''), filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``;Act'') \1\ and Rule 19b-4
thereunder,\2\ to amend PCXE Rule 7.31(x), to provide that Primary Only
Orders (``PO Orders'') may apply to Nasdaq securities traded on the
Archipelago Exchange (``ArcaEx'') facility, and may be either market or
limit orders. The proposed rule change was published for comment in the
Federal Register on February 9, 2005.\3\ The Commission received no
comments on the proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 51125 (February 2,
2005), 70 FR 6914.
---------------------------------------------------------------------------
After careful review, the Commission finds that the proposal is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange \4\
and, in particular, the requirements of Section 6 of the Act \5\ and
the rules and regulations thereunder. The Commission finds specifically
that the proposed rule change is consistent with Section 6(b)(5) of the
Act \6\ because it is designed to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and 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.
---------------------------------------------------------------------------
\4\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
As proposed, PCXE Rule 7.31(x) would define a PO Order as a market
or limit order that is to be routed to the primary market, until a cut-
off time periodically determined by PCXE, and would expand the PO Order
applicability from exclusively exchange-listed securities to include
Nasdaq Stock Market, Inc. (``Nasdaq'') securities. The Commission notes
that PO market orders in Nasdaq securities received prior to 6:28 a.m.
PT will be marked On-Open and will be routed to Nasdaq for possible
participation in Nasdaq's Opening Cross. As such, the Commission
believes that implementing these changes may provide market
participants with more choices for executing orders on the opening. In
addition, the Commission believes that expanding the applicability of
PO Orders to limit orders and to Nasdaq listed securities should
enhance the opportunity for ArcaEx users to have their orders executed
on the primary market.
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-PCX-2005-15) be, and it
hereby is, approved.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5-1183 Filed 3-17-05; 8:45 am]
BILLING CODE 8010-01-P