Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend EDGX Rule 11.5, 66408-66410 [2010-27244]
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66408
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
required to bid above the final quote bid
or offer below the final quote offer yet
still be at a final quote price. Again, the
Floor Broker would be obligated to trade
with the final quote interest at that price
before crossing the balance of the
orders. For instance, the electronic
market in the series is 3.00 bid offered
at 3.30, and the Floor Broker receives
orders to cross at 3.10 or 3.20. When the
Floor Broker requests a Final Quote, the
crowd responds with a market of 3.20
bid at 3.30. In order to meet the
obligation to execute the order, the
Floor Broker would have to offer at 3.20,
fill the bids in the crowd at 3.20, and
then cross the balance of the orders.
Additionally, the Exchange proposes
to add two commentaries to Rule 6.47.
Commentary .02 would allow an OTP
Holder to submit an order that has been
solicited prior to transmittal to the
Floor, but would not allow the new
procedures to be used to circumvent
limitations on principal transactions as
described in Rule 6.47A, nor allow the
OTP Holder to solicit a contra order
from an NYSE Arca Market Maker
assigned to the class of options to trade
against an agency order.
Commentary .03 would state it is a
violation of a Floor Broker’s duty for
best execution to cancel an agency order
to avoid execution at a better price.
2. Statutory Basis
emcdonald on DSK2BSOYB1PROD with NOTICES
The Exchange believes the proposed
rule change is consistent with and
furthers the objectives of Section 6(b)(5)
of the Act, in that it is designed to
promote just and equitable principles of
trade, remove impediments to and
perfect the mechanisms 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 will provide
encouragement for Market Makers to
provide their best prices earlier, upon
the initial presentation of trading
interest to the crowd, and the broker
will be required to better the crowd’s
price in order to execute the cross
transaction. The proposed new process
should thus increase the possibility of
price improvement for Customer orders.
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.
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Jkt 223001
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
such proposed rule change, or
(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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:
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.5 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–
NYSEArca–2010–90 and should be
submitted on or before November 18,
2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–27266 Filed 10–27–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
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–NYSEArca–2010–90 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–NYSEArca–2010–90. 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
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
[Release No. 34–63163; File No. SR–EDGX–
2010–14]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend EDGX 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 EDGX Exchange, Inc. (the
‘‘Exchange’’ or the ‘‘EDGX’’) 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
comments on the proposed rule change
from interested persons.
5 The text of the proposed rule change is available
on the Commission’s Web site at www.sec.gov.
6 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
EDGX 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
consistent with the protection of
investors and the public interest, it has
4 15
3 As
defined in Exchange Rule 1.5(cc).
VerDate Mar<15>2010
16:13 Oct 27, 2010
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5 15
PO 00000
U.S.C. 78f(b)(5).
U.S.C. 78k–1(a)(1).
Frm 00063
Fmt 4703
Sfmt 4703
66409
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
Number SR–EDGX–2010–14 on the
subject line.
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, EDGX 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
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66410
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63165; File No. SR–ISE–
2010–102]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
All submissions should refer to File
Effectiveness of Proposed Rule
Number SR–EDGX–2010–14. This file
Change Relating to the Sales Value
number should be included on the
subject line if e-mail is used. To help the Fee
Commission process and review your
October 22, 2010.
comments more efficiently, please use
Pursuant to Section 19(b)(1) of the
only one method. The Commission will Securities Exchange Act of 1934 (the
post all comments on the Commission’s ‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on October
Internet Web site (https://www.sec.gov/
14, 2010, the International Securities
rules/sro.shtml). Copies of the
Exchange, LLC (the ‘‘Exchange’’ or the
submission,11 all subsequent
‘‘ISE’’) filed with the Securities and
amendments, all written statements
Exchange Commission (‘‘Commission’’)
with respect to the proposed rule
the proposed rule change as described
change that are filed with the
in Items I and II below, which items
Commission, and all written
have been prepared by the Exchange.
communications relating to the
The Commission is publishing this
proposed rule change between the
notice to solicit comments on the
Commission and any person, other than
proposed rule change from interested
those that may be withheld from the
persons.
public in accordance with the
I. Self-Regulatory Organization’s
provisions of 5 U.S.C. 552, will be
Statement of the Terms of Substance of
available for Web site viewing and
the Proposed Rule Change
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
The Exchange proposes to adopt ISE
Washington, DC 20549, on official
Rule 212 (Sales Value Fee). The text of
the proposed rule change is available on
business days between the hours of
the Exchange’s Web site https://
10 a.m. and 3 p.m. Copies of the filing
also will be available for inspection and www.ise.com, at the principal office of
the Exchange, and at the Commission’s
copying at the principal office of the
Public Reference Room.
Exchange. All comments received will
be posted without change; the
II. Self-Regulatory Organization’s
Commission does not edit personal
Statement of the Purpose of, and
identifying information from
Statutory Basis for, the Proposed Rule
submissions. You should submit only
Change
information that you wish to make
In its filing with the Commission, the
available publicly. All submissions
Exchange included statements
should refer to File Number SR–EDGX– concerning the purpose of, and basis for,
2010–14 and should be submitted on or the proposed rule change and discussed
before November 18, 2010.
any comments it received on the
proposed rule change. The text of these
For the Commission, by the Division of
statements may be examined at the
Trading and Markets, pursuant to delegated
places specified in Item IV below. The
authority.12
self-regulatory organization has
Florence E. Harmon,
prepared summaries, set forth in
Deputy Secretary.
Sections A, B and C below, of the most
[FR Doc. 2010–27244 Filed 10–27–10; 8:45 am]
significant aspects of such statements.
emcdonald on DSK2BSOYB1PROD with NOTICES
BILLING CODE 8011–01–P
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
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 EDGX, 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
1. Purpose
Pursuant to Section 31 of the
Securities Act and Rule 31 thereunder,3
national securities exchanges and
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.31.
associations (collectively, ‘‘SROs’’) are
required to pay a transaction fee to the
Commission that is designed to recover
the costs related to the government’s
supervision and regulation of the
securities markets and securities
professionals. To offset this obligation,
the Exchange Members are assessed
charges in connection with satisfaction
of the Exchange’s payment obligations
under Section 31. The fee is collected
indirectly from Exchange Members
through their clearing firms by the
Options Clearing Corporation (‘‘OCC’’)
on behalf of the Exchange with respect
to options sales and options exercises.
The fee is collected by billing the
Member’s designated clearing firm for
the amount owed by the member to the
Exchange.
The Exchange is now proposing to
codify this process by adopting
proposed Rule 212 (Sales Value Fee).
Proposed ISE Rule 212 defines the Sales
Value Fee (‘‘Fee’’) as the fee assessed by
ISE to each member for sales of
securities on ISE with respect to which
ISE is obligated to pay a fee to the
Commission under Section 31 of the
Exchange Act. Proposed ISE Rule 212
provides that, to the extent the
Exchange may collect more from
Members under ISE Rule 212 than is
due to from the Exchange to the
Commission under Section 31 of the
Exchange Act, for example due to
rounding differences, the excess monies
collected may be used by the Exchange
to fund its general operating expenses.
Proposed ISE Rule 212 explains that
the transactions to which the Fee
applies are sales of options (other than
options on a security index) and sales of
securities resulting from the exercise of
physical-delivery options traded on ISE.
As discussed above, the proposed rule
specifies that the Fee is collected
indirectly from Exchange Members
through their clearing firms by the OCC
on behalf of the Exchange with respect
to options sales and options exercises.
Proposed ISE Rule 212 also sets forth
the formula for calculating the Fee with
respect to covered options transactions,
which is equal to (a) the Commission’s
Section 31 fee rate multiplied by (b) the
Member’s aggregate dollar mount [sic] of
covered sales resulting from options
transactions occurring on the Exchange
during any computational period.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,4
in general, and furthers the objectives of
2 17
PO 00000
Frm 00064
Fmt 4703
4 15
Sfmt 4703
E:\FR\FM\28OCN1.SGM
U.S.C. 78f(f).
28OCN1
Agencies
[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Notices]
[Pages 66408-66410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27244]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63163; File No. SR-EDGX-2010-14]
Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGX 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 EDGX Exchange, Inc. (the ``Exchange'' or
the ``EDGX'') 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
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
[[Page 66409]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend EDGX 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, EDGX 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 Number SR-EDGX-2010-14 on the subject line.
[[Page 66410]]
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-EDGX-2010-14. 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,\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 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-
EDGX-2010-14 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 EDGX, 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. 2010-27244 Filed 10-27-10; 8:45 am]
BILLING CODE 8011-01-P