Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt Rules on Self Trade Prevention Order Modifiers, 16540-16543 [2010-7364]
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16540
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–NYSE–2010–22 on the subject
line.
Paper Comments
mstockstill on DSKH9S0YB1PROD with NOTICES
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–1090.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–7365 Filed 3–31–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61781; File No. SR–NSX–
2010–02]
Self-Regulatory Organizations;
National Stock Exchange, Inc.; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change To Adopt
Rules on Self Trade Prevention Order
Modifiers
March 25, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
All submissions should refer to File
notice is hereby given that, on March
Number SR–NYSE–2010–22. This file
23, 2010, National Stock Exchange, Inc.
number should be included on the
(‘‘NSX’’ or the ‘‘Exchange’’) filed with the
subject line if e-mail is used. To help the Securities and Exchange Commission
Commission process and review your
(the ‘‘Commission’’) the proposed rule
comments more efficiently, please use
change as described in Items I, II, and
only one method. The Commission will III below, which Items have been
post all comments on the Commission’s substantially prepared by the selfInternet Web site (https://www.sec.gov/
regulatory organization. The Exchange
rules/sro.shtml). Copies of the
filed the proposal as a ‘‘nonsubmission, all subsequent
controversial’’ proposed rule change
amendments, all written statements
pursuant to Section 19(b)(3)(A)(iii) of
with respect to the proposed rule
the Act 3 and Rule 19b-4(f)(6)
change that are filed with the
thereunder.4 The Commission is
Commission, and all written
publishing this notice to solicit
communications relating to the
comments on the proposed rule change
proposed rule change between the
from interested persons.
Commission and any person, other than
I. Self-Regulatory Organization’s
those that may be withheld from the
Statement of the Terms of Substance of
public in accordance with the
the Proposed Rule Change
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
The Exchange proposes to adopt a
printing in the Commission’s Public
new Rule 11.11(c)(1) ‘‘Self Trade
Reference Room, 100 F Street, NE.,
Prevention’’ Order Modifier that allows
Washington, DC 20549, on official
an ETP Holder to submit orders that
business days between the hours of 10
may avoid trading against other orders
a.m. and 3 p.m. Copies of such filing
of the same ETP Holder.
also will be available for inspection and
The text of the proposed rule change
copying at the principal office of the
is available on the Exchange’s Web site
Exchange. All comments received will
at https://www.nsx.com, on the
be posted without change; the
Commission’s Web site at https://
Commission does not edit personal
www.sec.gov, at NSX, and at the
identifying information from
Commission’s Public Reference Room.
submissions. You should submit only
information that you wish to make
7 17 CFR 200.30–3(a)(12).
available publicly. All submissions
1 15 U.S.C.78s(b)(1).
should refer to File Number SR–NYSE–
2 17 CFR 240.19b–4.
2010–22 and should be submitted on or
3 15 U.S.C. 78s(b)(3)(A)(iii).
before April 22, 2010.
4 17
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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
self-regulatory organization 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 those 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 parts 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 adopt a
new Rule 11.11(c)(1) to make available
to ETP Holders an order modifier that
allows an ETP Holder to submit orders
that may avoid trading against other
orders of the same ETP Holder. The
proposed changes are more fully
discussed below.
Background
The proposed ‘‘Self Trade Prevention’’
(‘‘STP’’) modifiers are instructions
designed to prevent two orders with the
same designated Unique Identifier (as
defined below) from executing against
each other. The ETP Holder elects at the
time an STP modified order is
submitted whether the new order, an
existing order (which must also have
been submitted with an STP modifier)
or both orders will be cancelled (or
rejected, as applicable) instead of
otherwise interacting.
The Exchange proposes adding three
STP modifiers that will be implemented
and can be set at one of three
identification levels: the market
participant level (pursuant to the
‘‘MPID’’), the FIX session level (pursuant
to ‘‘FIX Session ID’’) or an ETP Holder’s
user level (pursuant to the ‘‘Party ID’’)
(any such identifier, a ‘‘Unique
Identifier’’).5 The STP instruction on the
incoming order controls the interaction
between two orders marked with STP
modifiers from the same Unique
Identifier. The three new STP modifiers
are discussed more thoroughly below.
5 Each ETP Holder is issued a unique MPID
identifier that allows the Exchange to determine the
ETP Holder for each order and/or execution. The
FIX Session ID is unique to each physical
connection between the Exchange and an ETP
Holder. The Party ID identifies a unique user of an
ETP Holder.
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Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
STP Reject Newest (‘‘STPN’’)
An incoming order marked with the
STPN modifier will not execute against
opposite side resting interest marked
with any STP modifier originating from
the same Unique Identifier. The
incoming order marked with the STPN
modifier will be rejected. The resting
order marked with an STP modifier,
which otherwise would have interacted
with the incoming order from the same
Unique Identifier, will remain on the
NSX Book.
STPN Example 1: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order on the NSX Book.
Subsequently, an order to sell 500
shares @ $22.00 is entered with the
same designated Unique Identifier and
marked with the STPN modifier.
STPN Result 1: The incoming sell
order for 500 shares @ $22.00 marked
with the STPN modifier is rejected. The
resting buy order for 500 shares at
$22.00 marked with one of the three
STP modifiers remains on the NSX
Book.
STPN Example 2: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order on the NSX Book.
Subsequently, an order to sell 700
shares @ $22.00 is entered with the
same Unique Identifier and marked with
the STPN modifier.
STPN Result 2: The incoming sell
order for 700 shares @ $22.00 marked
with the STPN modifier is rejected. The
resting buy order for 500 shares at
$22.00 marked with one of the three
STP modifiers remains on the NSX
Book.
STPN Example 3: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order on the NSX Book.
Subsequently, an order to sell 400
shares @ $22.00 is entered with the
same Unique Identifier and marked with
the STPN modifier.
STPN Result 3: The incoming sell
order for 400 shares @ $22.00 marked
with the STPN modifier is rejected. The
resting buy order for 500 shares at
$22.00 marked with one of the three
STP modifiers remains on the NSX
Book.
mstockstill on DSKH9S0YB1PROD with NOTICES
STP Cancel Oldest (‘‘STPO’’)
An incoming order marked with the
STPO modifier will not execute against
opposite side resting interest marked
with any STP modifier originating from
the same Unique Identifier. The resting
order marked with the STP modifier,
which otherwise would have interacted
with the incoming order by the same
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16:51 Mar 31, 2010
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Unique Identifier, will be cancelled. The
incoming order marked with the STPO
modifier will remain on the NSX Book.
STPO Example 1: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order in the NSX Book.
Subsequently, an order to sell 500
shares @ $22.00 is entered with the
same Unique Identifier and marked with
the STPO modifier.
STPO Result 1: The resting buy order
for 500 shares at $22.00 marked with
one of the three STP modifiers is
cancelled. The incoming sell order for
500 shares @ $22.00 marked with the
STPO modifier is entered in the NSX
Book.
STPO Example 2: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order in the NSX Book.
Subsequently, an order to sell 700
shares @ $22.00 is entered with the
same Unique Identifier and marked with
the STPO modifier.
STPO Result 2: The resting buy order
for 500 shares at $22.00 marked with
one of the three STP modifiers is
cancelled. The incoming sell order for
700 shares @ $22.00 marked with the
STPO modifier is entered on the NSX
Book.
STPO Example 3: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order in the NSX Book.
Subsequently, an order to sell 400
shares @ $22.00 is entered with the
same Unique Identifier and marked with
the STPO modifier.
STPO Result 3: The resting buy order
for 500 shares at $22.00 marked with
one of the three STP modifiers is
cancelled. The incoming sell order for
400 shares @ $22.00 marked with the
STPO modifier is entered on the NSX
Book.
STP Cancel Both (‘‘STPB’’)
An incoming order marked with the
STPB modifier will not execute against
opposite side resting interest marked
with any STP modifier originating from
the same Unique Identifier. The entire
size of both orders will be rejected or
cancelled, as applicable.
STPB Example 1: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order in the NSX Book.
Subsequently, an order to sell 500
shares @ $22.00 is entered with the
same Unique Identifier and marked with
the STPB modifier.
STPB Result 1: The resting buy order
for 500 shares at $22.00 marked with
one of the three STP modifiers is
cancelled. The incoming sell order for
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16541
500 shares @ $22.00 marked with the
STPB modifier is rejected.
STPB Example 2: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order in the NSX Book.
Subsequently, an order to sell 700
shares @ $22.00 is entered with the
same Unique Identifier and marked with
the STPB modifier.
STPB Result 2: The resting buy order
for 500 shares at $22.00 marked with
one of the three STP modifiers is
cancelled. The incoming order to sell
700 shares @ $22.00 marked with the
STPB modifier is rejected.
STPB Example 3: An order to buy 500
shares @ $22.00 is marked with any of
the three STP modifiers and becomes a
resting order in the NSX Book.
Subsequently, an order to sell 400
shares @ $22.00 is entered with the
same Unique Identifier and marked with
the STPB modifier.
STPB Result 3: The resting buy order
for 500 shares at $22.00 marked with
one of the three STP modifiers is
cancelled. The incoming order to sell
400 shares @ $22.00 marked with the
STPB modifier is rejected.
Additional Discussion
STP modifiers are intended to prevent
interaction between the same Unique
Identifier. STP modifiers must be
present on both the buy and the sell
order in order to prevent a trade from
occurring and to effect a cancel and/or
reject instruction.
An incoming STP order cannot
interact through resting orders that have
price and/or time priority. When an
order with an STP modifier is entered
it will first interact with all available
interest in accordance with the
execution process described in
Exchange Rules 11.14 and 11.15. If there
is a remaining balance on the order after
trading with all orders with higher
priority, it may then interact with an
opposite side STP order in accordance
with the rules established above.
STP modifiers are available for orders
entered in either an agency or principal
capacity. An incoming STP modified
Post Only order that is immediately
marketable against a resting STP
modified order of the same Unique
Identifier will not be rejected upon
entry; rather, the order will be accepted
and processed according to the STP
instructions.6 STP orders that are not
6 Without STP modifiers of the same Unique
Identifier, an incoming marketable Post Only order
would be rejected so as to prevent a locked market
pursuant to NSX Rule 11.11(c)(5)(A). The incoming
STP modified Post Only order is processed because,
pursuant to the STP instruction, one or both of the
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Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
populated correctly will not reject, but
will process according to the underlying
order behavior. Zero Display Reserve
Orders submitted with an STP modifier
will be rejected.
The Exchange believes that adding
this functionality will allow ETP
Holders to better manage order flow and
prevent undesirable executions with
themselves or the potential for (or the
appearance of) ‘‘wash sales’’ that may
occur as a result of the velocity of
trading in today’s high speed
marketplace. Many ETP Holders have
multiple connections into the Exchange
due to capacity and speed related
demands. Orders routed by the same
ETP Holder via different connections or
in different capacities may, in certain
circumstances, trade against each other.
The new STP modifiers provide ETP
Holders the opportunity to prevent
these potentially undesirable trades
occurring under the same Unique
Identifier on both the buy and sell side
of the execution.
The Exchange notes that the STP
modifiers do not alleviate, or otherwise
exempt, broker-dealers from their best
execution obligations. Broker-dealers
using the STP modifiers on agency
orders will be obligated to execute those
agency orders at the same price, or a
better price than they would have
received had the orders been executed
on the Exchange. Finally, the Exchange
notes that offering the STP modifiers
will streamline certain regulatory
functions by reducing inadvertent selftrade executions that would otherwise
be captured by Exchange generated
wash trading surveillance reports when
orders are executed under the same
Unique Identifier. The Exchange has
developed a surveillance program to
identify the use of the STP modifier on
agency orders and to surveil such orders
for potential misuse. For these reasons,
the Exchange believes the STP modifiers
offer ETP Holders enhanced order
processing functionality that may
prevent potentially undesirable
executions without negatively
impacting broker-dealer best execution
obligations.
Effective Date
The Exchange requests that the
effective date for the instant rule change
be thirty days after the date of filing of
this rule change, or such earlier date as
the Commission determines.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
orders will be cancelled and/or rejected, as
applicable.
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16:51 Mar 31, 2010
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the provisions of Section 6(b) of the
Act,7 in general, and furthers the
objectives of Section 6(b)(5) 8 in
particular in that it is designed, among
other things, to promote just and
equitable principles of trade, 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. The proposed rule
change advances these objectives by
making available to ETP Holders a type
of order modifier that is in use within
the national market system 9 and by
allowing firms to better manage order
flow and prevent undesirable
executions against themselves.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule does not (i)
significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
for 30 days from the date on which it
was filed, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, provided that the selfregulatory organization has given the
Commission written notice of its intent
to file the proposed rule change at least
five business days prior to the date of
filing of the proposed rule change or
such shorter time as designated by the
Commission,10 the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 11 and
7 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
9 See Securities Exchange Act Release No. 60266
(July 9, 2009), 74 FR 34380 (July 9, 2009) (SR–
BATS–2009–022) (approving on an expedited basis
a ‘‘Member Match Trade Prevention’’ order type
pursuant to proposed BATS Rule 11.9(f)).
10 As required under Rule 19b–4(f)(6)(iii), NSX
provided the Commission with written notice of its
intent to file the proposed rule change at least five
business days prior to the filing date.
11 15 U.S.C. 78s(b)(3)(A).
8 15
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Rule 19b-4(f)(6) thereunder.12 At any
time within 60 days of the filing of such
proposed rule change, the Commission
may summarily abrogate 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.
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NSX–2010–02 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR-NSX–2010–02. This file
number should be included on the
subject line if e-mail 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 (https://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
a.m. and 3 p.m. Copies of such 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
12 17
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CFR 240.19b–4(f)(6).
01APN1
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–NSX–
2010–02 and should be submitted on or
before April 22, 2010.
on the proposed rule change. The text
of those 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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2010–7364 Filed 3–31–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61788; File No. SR–
NYSEAmex–2010–07]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NYSE
Amex, LLC Amending Its Fee Schedule
March 26, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on January
28, 2010, NYSE Amex LLC (‘‘NYSE
Amex’’ or the ‘‘Exchange’’) 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.
mstockstill on DSKH9S0YB1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Schedule of Fees and Charges (the
‘‘Schedule’’) effective February 1, 2010.
The text of the proposed rule change is
attached as Exhibit 5 to the 19b–4 form.
A copy of this filing is available on the
Exchange’s Web site at https://
www.nyse.com, at the Exchange’s
principal office 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
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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1. Purpose
NYSE Amex proposes a new passthrough Routing Surcharge designed to
recover routing, clearing and transaction
fees for the execution of orders routed
to away exchanges. The Exchange will
not assess a Routing Surcharge on
Customer orders that do not incur a
transaction charge at the away
exchange.
The Exchange currently routes all
orders that are marketable at the
National Best Bid/Offer (‘‘NBBO’’), but
not executable on NYSE Amex,
immediately upon receipt, to the away
market(s) at the NBBO. For any order
executed as a result of routing out, the
Exchange currently charges fees in the
same manner as if the execution
occurred on the Exchange. In the case of
Customer orders, the Exchange charges
no transaction fee for the execution,
despite incurring costs that include
clearing charges, routing charges, and in
some instances transaction fees.
In recent months, particularly with
the replacement of the old Intermarket
Options Linkage Plan and the expansion
of the Penny Pilot Program, the
Exchange is experiencing a rise in the
number of contracts that route out, with
a related rise in costs incurred for
routing such orders.3 Effective February
1, 2010 NYSE Amex will introduce a
new Routing Surcharge in order to pass
through routing, clearing and
transaction charges associated with
orders routed to away markets. The
Routing Surcharge will be assessed on
all non-customer orders routed to away
markets and on Customer orders that are
charged transaction fees at the executing
exchange. If the executing exchange
does not charge a transaction fee for the
execution of the Customer order, the
Routing Surcharge will not be assessed.
The Exchange believes these fees are
reasonable and represent pass through
charges incurred by the Exchange for
routing orders to away markets and the
3 This paragraph and the following paragraph
were revised via an e-mail sent from Matthew
Vaughn, Counsel Director of Compliance, NYSE
Amex LLC, to Leah Mesfin, Special Counsel,
Division of Trading and Markets, Commission, on
February 22, 2010.
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16543
cost borne by the Exchange of
developing, operating and maintaining
smart order routing technology.
Customer orders that are not charged an
execution fee at the away market will
not be charged the Routing Surcharge
because in those instances the Exchange
is not charged a fee by its routing
broker. The Routing Surcharge will be
made up of (i) $0.11 per contract, and
(ii) all actual charges assessed by the
away exchange(s) (calculated on an
order-by-order basis since different
away exchanges charge different
amounts). The Routing Surcharge is in
addition to NYSE Amex’s customary
execution fees applicable to the order.
This fee structure is consistent with a
similar fee charged by the CBOE.
The Exchange also proposes to change
the Broker Dealer & Firm Electronic fee
to $0.30 per contract (currently $0.15
per contract). In making this rate change
the Exchange seeks to remain
competitive with other markets that
often charge a higher rate. In proposing
this new rate, NYSE Amex also seeks to
adopt industry practice which sets the
electronic broker dealer rate at a level
slightly higher than the manual broker
dealer charge. The pricing convention
sets a small premium on the electronic
broker dealer rate while still providing
savings to the trading participant who
would otherwise have to pay brokerage
fees to a floor broker if it chose to access
our markets through a manual
execution. The Exchange further notes
that this fee was reduced from $0.45 to
its current level in June 2009.
Finally, the Exchange’s Cancellation
Fee is currently waived until February
1, 2010. Beginning February 1, 2010 the
Exchange will begin charging the
Cancellation Fee and proposes to
remove language from the Schedule
referencing the waiver.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the
Securities Exchange Act of 1934 (the
‘‘Act’’),4 in general, and Section 6(b)(4)
of the Act,5 in particular, in that it is
designed to provide for the equitable
allocation of reasonable dues, fees, and
other charges among its members and
other persons using its facilities. The
proposed fees are reasonable and apply
equally to all ATP Holders.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
4 15
5 15
E:\FR\FM\01APN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
01APN1
Agencies
[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16540-16543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7364]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61781; File No. SR-NSX-2010-02]
Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt Rules on Self Trade Prevention Order Modifiers
March 25, 2010.
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 March 23, 2010, National Stock Exchange, Inc. (``NSX'' or the
``Exchange'') 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 substantially prepared by the
self-regulatory organization. The Exchange filed the proposal as a
``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to adopt a new Rule 11.11(c)(1) ``Self Trade
Prevention'' Order Modifier that allows an ETP Holder to submit orders
that may avoid trading against other orders of the same ETP Holder.
The text of the proposed rule change is available on the Exchange's
Web site at https://www.nsx.com, on the Commission's Web site at https://www.sec.gov, at NSX, 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 self-regulatory organization
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 those 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 parts 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 adopt a new Rule 11.11(c)(1) to make
available to ETP Holders an order modifier that allows an ETP Holder to
submit orders that may avoid trading against other orders of the same
ETP Holder. The proposed changes are more fully discussed below.
Background
The proposed ``Self Trade Prevention'' (``STP'') modifiers are
instructions designed to prevent two orders with the same designated
Unique Identifier (as defined below) from executing against each other.
The ETP Holder elects at the time an STP modified order is submitted
whether the new order, an existing order (which must also have been
submitted with an STP modifier) or both orders will be cancelled (or
rejected, as applicable) instead of otherwise interacting.
The Exchange proposes adding three STP modifiers that will be
implemented and can be set at one of three identification levels: the
market participant level (pursuant to the ``MPID''), the FIX session
level (pursuant to ``FIX Session ID'') or an ETP Holder's user level
(pursuant to the ``Party ID'') (any such identifier, a ``Unique
Identifier'').\5\ The STP instruction on the incoming order controls
the interaction between two orders marked with STP modifiers from the
same Unique Identifier. The three new STP modifiers are discussed more
thoroughly below.
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\5\ Each ETP Holder is issued a unique MPID identifier that
allows the Exchange to determine the ETP Holder for each order and/
or execution. The FIX Session ID is unique to each physical
connection between the Exchange and an ETP Holder. The Party ID
identifies a unique user of an ETP Holder.
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[[Page 16541]]
STP Reject Newest (``STPN'')
An incoming order marked with the STPN modifier will not execute
against opposite side resting interest marked with any STP modifier
originating from the same Unique Identifier. The incoming order marked
with the STPN modifier will be rejected. The resting order marked with
an STP modifier, which otherwise would have interacted with the
incoming order from the same Unique Identifier, will remain on the NSX
Book.
STPN Example 1: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order on the NSX
Book. Subsequently, an order to sell 500 shares @ $22.00 is entered
with the same designated Unique Identifier and marked with the STPN
modifier.
STPN Result 1: The incoming sell order for 500 shares @ $22.00
marked with the STPN modifier is rejected. The resting buy order for
500 shares at $22.00 marked with one of the three STP modifiers remains
on the NSX Book.
STPN Example 2: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order on the NSX
Book. Subsequently, an order to sell 700 shares @ $22.00 is entered
with the same Unique Identifier and marked with the STPN modifier.
STPN Result 2: The incoming sell order for 700 shares @ $22.00
marked with the STPN modifier is rejected. The resting buy order for
500 shares at $22.00 marked with one of the three STP modifiers remains
on the NSX Book.
STPN Example 3: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order on the NSX
Book. Subsequently, an order to sell 400 shares @ $22.00 is entered
with the same Unique Identifier and marked with the STPN modifier.
STPN Result 3: The incoming sell order for 400 shares @ $22.00
marked with the STPN modifier is rejected. The resting buy order for
500 shares at $22.00 marked with one of the three STP modifiers remains
on the NSX Book.
STP Cancel Oldest (``STPO'')
An incoming order marked with the STPO modifier will not execute
against opposite side resting interest marked with any STP modifier
originating from the same Unique Identifier. The resting order marked
with the STP modifier, which otherwise would have interacted with the
incoming order by the same Unique Identifier, will be cancelled. The
incoming order marked with the STPO modifier will remain on the NSX
Book.
STPO Example 1: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order in the NSX
Book. Subsequently, an order to sell 500 shares @ $22.00 is entered
with the same Unique Identifier and marked with the STPO modifier.
STPO Result 1: The resting buy order for 500 shares at $22.00
marked with one of the three STP modifiers is cancelled. The incoming
sell order for 500 shares @ $22.00 marked with the STPO modifier is
entered in the NSX Book.
STPO Example 2: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order in the NSX
Book. Subsequently, an order to sell 700 shares @ $22.00 is entered
with the same Unique Identifier and marked with the STPO modifier.
STPO Result 2: The resting buy order for 500 shares at $22.00
marked with one of the three STP modifiers is cancelled. The incoming
sell order for 700 shares @ $22.00 marked with the STPO modifier is
entered on the NSX Book.
STPO Example 3: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order in the NSX
Book. Subsequently, an order to sell 400 shares @ $22.00 is entered
with the same Unique Identifier and marked with the STPO modifier.
STPO Result 3: The resting buy order for 500 shares at $22.00
marked with one of the three STP modifiers is cancelled. The incoming
sell order for 400 shares @ $22.00 marked with the STPO modifier is
entered on the NSX Book.
STP Cancel Both (``STPB'')
An incoming order marked with the STPB modifier will not execute
against opposite side resting interest marked with any STP modifier
originating from the same Unique Identifier. The entire size of both
orders will be rejected or cancelled, as applicable.
STPB Example 1: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order in the NSX
Book. Subsequently, an order to sell 500 shares @ $22.00 is entered
with the same Unique Identifier and marked with the STPB modifier.
STPB Result 1: The resting buy order for 500 shares at $22.00
marked with one of the three STP modifiers is cancelled. The incoming
sell order for 500 shares @ $22.00 marked with the STPB modifier is
rejected.
STPB Example 2: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order in the NSX
Book. Subsequently, an order to sell 700 shares @ $22.00 is entered
with the same Unique Identifier and marked with the STPB modifier.
STPB Result 2: The resting buy order for 500 shares at $22.00
marked with one of the three STP modifiers is cancelled. The incoming
order to sell 700 shares @ $22.00 marked with the STPB modifier is
rejected.
STPB Example 3: An order to buy 500 shares @ $22.00 is marked with
any of the three STP modifiers and becomes a resting order in the NSX
Book. Subsequently, an order to sell 400 shares @ $22.00 is entered
with the same Unique Identifier and marked with the STPB modifier.
STPB Result 3: The resting buy order for 500 shares at $22.00
marked with one of the three STP modifiers is cancelled. The incoming
order to sell 400 shares @ $22.00 marked with the STPB modifier is
rejected.
Additional Discussion
STP modifiers are intended to prevent interaction between the same
Unique Identifier. STP modifiers must be present on both the buy and
the sell order in order to prevent a trade from occurring and to effect
a cancel and/or reject instruction.
An incoming STP order cannot interact through resting orders that
have price and/or time priority. When an order with an STP modifier is
entered it will first interact with all available interest in
accordance with the execution process described in Exchange Rules 11.14
and 11.15. If there is a remaining balance on the order after trading
with all orders with higher priority, it may then interact with an
opposite side STP order in accordance with the rules established above.
STP modifiers are available for orders entered in either an agency
or principal capacity. An incoming STP modified Post Only order that is
immediately marketable against a resting STP modified order of the same
Unique Identifier will not be rejected upon entry; rather, the order
will be accepted and processed according to the STP instructions.\6\
STP orders that are not
[[Page 16542]]
populated correctly will not reject, but will process according to the
underlying order behavior. Zero Display Reserve Orders submitted with
an STP modifier will be rejected.
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\6\ Without STP modifiers of the same Unique Identifier, an
incoming marketable Post Only order would be rejected so as to
prevent a locked market pursuant to NSX Rule 11.11(c)(5)(A). The
incoming STP modified Post Only order is processed because, pursuant
to the STP instruction, one or both of the orders will be cancelled
and/or rejected, as applicable.
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The Exchange believes that adding this functionality will allow ETP
Holders to better manage order flow and prevent undesirable executions
with themselves or the potential for (or the appearance of) ``wash
sales'' that may occur as a result of the velocity of trading in
today's high speed marketplace. Many ETP Holders have multiple
connections into the Exchange due to capacity and speed related
demands. Orders routed by the same ETP Holder via different connections
or in different capacities may, in certain circumstances, trade against
each other. The new STP modifiers provide ETP Holders the opportunity
to prevent these potentially undesirable trades occurring under the
same Unique Identifier on both the buy and sell side of the execution.
The Exchange notes that the STP modifiers do not alleviate, or
otherwise exempt, broker-dealers from their best execution obligations.
Broker-dealers using the STP modifiers on agency orders will be
obligated to execute those agency orders at the same price, or a better
price than they would have received had the orders been executed on the
Exchange. Finally, the Exchange notes that offering the STP modifiers
will streamline certain regulatory functions by reducing inadvertent
self-trade executions that would otherwise be captured by Exchange
generated wash trading surveillance reports when orders are executed
under the same Unique Identifier. The Exchange has developed a
surveillance program to identify the use of the STP modifier on agency
orders and to surveil such orders for potential misuse. For these
reasons, the Exchange believes the STP modifiers offer ETP Holders
enhanced order processing functionality that may prevent potentially
undesirable executions without negatively impacting broker-dealer best
execution obligations.
Effective Date
The Exchange requests that the effective date for the instant rule
change be thirty days after the date of filing of this rule change, or
such earlier date as the Commission determines.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(5) \8\ in particular in that it
is designed, among other things, to promote just and equitable
principles of trade, 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. The proposed
rule change advances these objectives by making available to ETP
Holders a type of order modifier that is in use within the national
market system \9\ and by allowing firms to better manage order flow and
prevent undesirable executions against themselves.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(4).
\9\ See Securities Exchange Act Release No. 60266 (July 9,
2009), 74 FR 34380 (July 9, 2009) (SR-BATS-2009-022) (approving on
an expedited basis a ``Member Match Trade Prevention'' order type
pursuant to proposed BATS Rule 11.9(f)).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received written comments on
the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission,\10\ the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\ At any time within 60 days of the filing of such
proposed rule change, the Commission may summarily abrogate 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.
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\10\ As required under Rule 19b-4(f)(6)(iii), NSX provided the
Commission with written notice of its intent to file the proposed
rule change at least five business days prior to the filing date.
\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6).
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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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NSX-2010-02 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NSX-2010-02. This file
number should be included on the subject line if e-mail 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 (https://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
a.m. and 3 p.m. Copies of such 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
[[Page 16543]]
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NSX-2010-02 and should be submitted on
or before April 22, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7364 Filed 3-31-10; 8:45 am]
BILLING CODE 8011-01-P