Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend EDGA Rule 11.5, 66405-66407 [2010-27243]
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Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
any way adding new matching
functionality, it is streamlining the
wording of Rule 6.12 (in the process, it
is eliminating certain matching
‘‘options’’ available under the current
rule, but C2 has no intention to use a
matching algorithm other than the three
set forth in the revised rule). Further, as
proposed, the new Rule would continue
to allow for a market turner overlay. The
Exchange represents that market turner
priority would only be applicable and
would only be utilized when the prorata algorithm is in place. This is
because the market turner overlay gives
priority to the participant that is first in
time at an improved price point,
something that price-time priority
already accomplishes.
The filing also proposes to correct two
mistaken references in the definitions of
Professional and Voluntary Professional
in Rule 1.1. Specifically those
definitions mistakenly reference Rule
6.13(c)(5) as 6.13(c)(v).
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the
Securities Exchange Act of 1934 (the
‘‘Act’’) 6 and the rules and regulations
thereunder and, in particular, the
requirements of Section 6(b) of the Act.7
Specifically, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 8 requirements that
the rules of an exchange be designed to
promote just and equitable principles of
trade, to prevent fraudulent and
manipulative acts, to remove
impediments to and to perfect the
mechanism for a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. Streamlining the C2
matching rules will assist users seeking
to better understand the matching
alternatives available on C2.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
emcdonald on DSK2BSOYB1PROD with NOTICES
C2 does not believe that the proposed
rule change will impose any burden on
competition 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 neither solicited nor
received comments on the proposal.
6 15
U.S.C. 78s(b)(1).
U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
7 15
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16:13 Oct 27, 2010
Jkt 223001
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change: (1) Does not significantly affect
the protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) by its terms does not become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 9 and Rule
19b–4(f)(6) thereunder.10
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.
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
Number SR–C2–2010–005 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–C2–2010–005. 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
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule
19b–4(f)(6)(iii) requires a self-regulatory
organization to provide the Commission with
written notice of its intent to file the proposed rule
change, along with a brief description and text of
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. C2 has satisfied this requirement.
10 17
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
66405
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 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–
2010–005 and should be submitted on
or before November 18, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–27242 Filed 10–27–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63161; File No. SR–EDGA–
2010–15]
Self-Regulatory Organizations; EDGA
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend EDGA Rule
11.5
October 22, 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 October
20, 2010, the EDGA Exchange, Inc. (the
‘‘Exchange’’ or the ‘‘EDGA’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\28OCN1.SGM
28OCN1
66406
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
EDGA Rule 11.5(a)(2) to provide system
functionality that will cancel any
portion of a market order submitted to
the Exchange that would execute at a
price that is more than $0.50 or 5
percent worse than last sale at the time
the order initially reaches the Exchange,
whichever is greater. The text of the
proposed rule change is available on the
Exchange’s Internet Web site at https://
www.directedge.com, at the principal
office of the Exchange, 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 these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
sections A, B and C below, of the most
significant aspects of such statements.
emcdonald on DSK2BSOYB1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to protect market participants
from executions at prices that are
significantly worse than the last sale at
the time of order entry by providing
Exchange system functionality that will
cancel any portion of a market order (as
defined in Rule 11.5(a)(2)) that would
execute at a price that is 50 cents or 5
percentage points worse than the
consolidated last sale, whichever is
greater. Any portion of a market order
that would otherwise execute outside of
these thresholds will be immediately
cancelled back to the User.3 The
Exchange believes that Users who
submit market orders to the Exchange
generally intend to receive executions
for the full size of their orders at or near
the consolidated last sale and are not
always aware that there may not be
enough liquidity at that price to fill the
entire size of their orders. The Exchange
believes that the market order
thresholds proposed in this rule filing
will help avoid executions of market
orders at prices that are significantly
worse than the consolidated last sale
and avoid potentially creating clearly
erroneous situations.
Those Users who intend to trade
against liquidity at multiple price points
from the consolidated last sale beyond
the market order thresholds proposed in
this rule filing can clearly and
unambiguously specify that intent by
submitting a marketable limit order to
the Exchange.
2. Statutory Basis
The statutory basis for the proposed
rule change is Section 6(b)(5) of the
Act,4 which requires the rules of an
exchange 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 also is designed to support the
principles of Section 11A(a)(1) 5 of the
Act in that it seeks to assure fair
competition among brokers and dealers
and among exchange markets. The
Exchange believes that the proposed
rule meets these requirements in that it
seeks to promote transparency for how
order flow will be handled during a
trading pause.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
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 not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (1) Significantly affect
the protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate if
4 15
3 As
defined in Exchange Rule 1.5(cc).
VerDate Mar<15>2010
16:13 Oct 27, 2010
Jkt 223001
5 15
PO 00000
U.S.C. 78f(b)(5).
U.S.C. 78k–1(a)(1).
Frm 00060
Fmt 4703
Sfmt 4703
consistent with the protection of
investors and the public interest, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 6 and Rule 19b–
4(f)(6) thereunder.7
A proposed rule change filed under
Rule 19b–4(f)(6) normally may not
become operative prior to 30 days after
the date of filing.8 However, Rule 19b–
4(f)(6) 9 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has requested that the
Commission waive the 30-day operative
delay so that the proposal may become
operative upon filing. The Commission
notes (i) the proposal is similar to
existing thresholds on market orders
adopted by The NASDAQ Stock Market
LLC, NASDAQ OMX BX, Inc., BATS
Exchange, Inc., and NYSE Arca, Inc; (ii)
it presents no novel issues; and (iii) it
may provide a benefit to market
participants. For these reasons, the
Commission believes it is consistent
with the protection of investors and the
public interest to waive the 30-day
operative delay, and hereby grants such
waiver.10
At any time within 60 days of the
filing of such 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.
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
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, EDGA has
given the Commission written notice of its intent
to file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date on
which the Exchange filed the proposed rule change,
or such shorter time as designated by the
Commission.
8 17 CFR 240.19b–4(f)(6)(iii).
9 Id.
10 For the purposes only of waiving the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
7 17
E:\FR\FM\28OCN1.SGM
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Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
Number SR–EDGA–2010–15 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
[Release No. 34–63166; File No. SR–
NYSEArca–2010–90]
• 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–EDGA–2010–15. 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 website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission,11 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 website 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 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–EDGA–
2010–15 and should be submitted on or
before November 18, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–27243 Filed 10–27–10; 8:45 am]
emcdonald on DSK2BSOYB1PROD with NOTICES
BILLING CODE 8011–01–P
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change To Amend Rule 6.47 To
Describe New Procedures for
Executing a Cross Transaction
October 22, 2010.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on October
21, 2010, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 6.47 to describe new procedures
for executing a cross transaction. The
text of the proposed rule change is
available at the Exchange, the
Commission’s Public Reference Room,
and https://www.nyse.com.
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
11 The text of the proposed rule change is
available on Exchange’s Web site at https://
www.directedge.com, on the Commission’s Web site
at https://www.sec.gov, at EDGA, and at the
Commission’s Public Reference Room.
12 17 CFR 200.30–3(a)(12).
VerDate Mar<15>2010
16:13 Oct 27, 2010
Jkt 223001
NYSE Arca proposes to modify Rule
6.47(a) to describe new procedures for
Floor Brokers wishing to execute a NonU.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
66407
Facilitation cross transaction.4
Currently, after requesting a market,
Floor Brokers are required to disclose
the terms of a cross, after which Market
Makers are allowed to revise their bids
and offers to block the cross.
NYSE Arca proposes that Market
Makers, after being informed of a
potential cross, should provide their
best bid and best offer, but not be
allowed to step ahead of subsequently
disclosed trading interest. The Exchange
intends for Market Makers to make
markets and not prevent better priced
trading interests from interacting with
each other.
The proposed rule change would
allow a Floor Broker to request, after
revealing the size of the orders, a final
quote for a cross from the Trading
Crowd, and then to cross above the
highest bid, or below the lowest offer,
and, if not on a price provided by the
Crowd, to execute the cross in its
entirety. If the cross were to take place
on the price provided by the Crowd, the
Floor Broker would be obligated to trade
with that interest prior to crossing the
orders. The cross would be required to
be within the National Best Bid/Offer,
and would also be obligated to satisfy
any bids or offers in the Consolidated
Book equal to or better than the crossing
price.
For example, if the prices of the
orders to be crossed allowed for a range
of possible crossing prices, and the
Trading Crowd provided a final quote
that was two or more Minimum Price
Variations (‘‘MPV’’) wide, the Floor
Broker could bid above the Trading
Crowd’s bid and consummate the cross
without trading on a final quote price.
If, alternatively, the final quote was
only one MPV wide, (i.e., 3.10 bid for
20 contracts at 3.20 offer for 50
contracts) the Floor Broker could not
meet the obligation to the orders
without trading on a final quote price.
In this case, the Floor Broker would bid
above the final quote bid (i.e., bid 3.20)
or offer below the final quote offer (i.e.,
offer at 3.10), each instance of which is
equal to a final quote price. The Floor
Broker would then be obligated to trade
with the final quote interest at that price
(i.e., buy 50 at 3.20 or sell 20 at 3.10)
before crossing the balance of the
orders.
Additionally, if, because of movement
in the markets while the order was
being brought to the crowd, the limit on
one of the orders only allowed for a
cross to be effected at a final quote
price, regardless of the width of the final
quote, the Floor Broker would be
1 15
2 15
PO 00000
Frm 00061
Fmt 4703
4 Facilitation Crosses are governed by Rule
6.47(b), and are not affected by this proposal.
Sfmt 4703
E:\FR\FM\28OCN1.SGM
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Agencies
[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Notices]
[Pages 66405-66407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27243]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63161; File No. SR-EDGA-2010-15]
Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGA Rule 11.5
October 22, 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 October 20, 2010, the EDGA Exchange, Inc. (the ``Exchange'' or
the ``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
[[Page 66406]]
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend EDGA Rule 11.5(a)(2) to provide
system functionality that will cancel any portion of a market order
submitted to the Exchange that would execute at a price that is more
than $0.50 or 5 percent worse than last sale at the time the order
initially reaches the Exchange, whichever is greater. The text of the
proposed rule change is available on the Exchange's Internet Web site
at https://www.directedge.com, at the principal office of the Exchange,
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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 purpose of the proposed rule change is to protect market
participants from executions at prices that are significantly worse
than the last sale at the time of order entry by providing Exchange
system functionality that will cancel any portion of a market order (as
defined in Rule 11.5(a)(2)) that would execute at a price that is 50
cents or 5 percentage points worse than the consolidated last sale,
whichever is greater. Any portion of a market order that would
otherwise execute outside of these thresholds will be immediately
cancelled back to the User.\3\ The Exchange believes that Users who
submit market orders to the Exchange generally intend to receive
executions for the full size of their orders at or near the
consolidated last sale and are not always aware that there may not be
enough liquidity at that price to fill the entire size of their orders.
The Exchange believes that the market order thresholds proposed in this
rule filing will help avoid executions of market orders at prices that
are significantly worse than the consolidated last sale and avoid
potentially creating clearly erroneous situations.
---------------------------------------------------------------------------
\3\ As defined in Exchange Rule 1.5(cc).
---------------------------------------------------------------------------
Those Users who intend to trade against liquidity at multiple price
points from the consolidated last sale beyond the market order
thresholds proposed in this rule filing can clearly and unambiguously
specify that intent by submitting a marketable limit order to the
Exchange.
2. Statutory Basis
The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\4\ which requires the rules of an exchange 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 also is designed to support the principles of
Section 11A(a)(1) \5\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets. The
Exchange believes that the proposed rule meets these requirements in
that it seeks to promote transparency for how order flow will be
handled during a trading pause.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b)(5).
\5\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6) thereunder.\7\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6). In addition, EDGA has given the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date on which the
Exchange filed the proposed rule change, or such shorter time as
designated by the Commission.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\8\
However, Rule 19b-4(f)(6) \9\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposal may
become operative upon filing. The Commission notes (i) the proposal is
similar to existing thresholds on market orders adopted by The NASDAQ
Stock Market LLC, NASDAQ OMX BX, Inc., BATS Exchange, Inc., and NYSE
Arca, Inc; (ii) it presents no novel issues; and (iii) it may provide a
benefit to market participants. For these reasons, the Commission
believes it is consistent with the protection of investors and the
public interest to waive the 30-day operative delay, and hereby grants
such waiver.\10\
---------------------------------------------------------------------------
\8\ 17 CFR 240.19b-4(f)(6)(iii).
\9\ Id.
\10\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of such 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.
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 rule-comments@sec.gov. Please include
File
[[Page 66407]]
Number SR-EDGA-2010-15 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-EDGA-2010-15. 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 website (https://www.sec.gov/rules/sro.shtml).
Copies of the submission,\11\ 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 website 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 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-EDGA-2010-15 and should be submitted on
or before November 18, 2010.
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\11\ The text of the proposed rule change is available on
Exchange's Web site at https://www.directedge.com, on the
Commission's Web site at https://www.sec.gov, at EDGA, and at the
Commission's Public Reference Room.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27243 Filed 10-27-10; 8:45 am]
BILLING CODE 8011-01-P