Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Extending the Pilot Period To Receive Inbound Routes of Orders From Nasdaq Options Services, 8798-8799 [2011-3314]
Download as PDF
8798
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices
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–ISE–
2011–08 and should be submitted on or
before March 8, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–3316 Filed 2–14–11; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change Extending
the Pilot Period To Receive Inbound
Routes of Orders From Nasdaq
Options Services
jdjones on DSK8KYBLC1PROD with NOTICES
February 9, 2011.
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 February
3, 2011, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or the ‘‘Exchange’’) 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 Phlx. The Exchange has designated
the proposed rule change as constituting
a non-controversial rule change under
Rule 19b–4(f)(6) under the Act,3 which
renders the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
VerDate Mar<15>2010
15:51 Feb 14, 2011
Jkt 223001
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
Phlx 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. Phlx has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
1. Purpose
[Release No. 34–63873; File No. SR–Phlx–
2011–16]
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
Phlx submits this proposed rule
change to extend the pilot period of
Phlx’s prior approval to receive inbound
routes of certain option orders from
Nasdaq Options Services, LLC (‘‘NOS’’)
through August 25, 2011.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
BILLING CODE 8011–01–P
11 17
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
Currently, NOS is the approved
outbound routing facility of The
NASDAQ Stock Market LLC
(‘‘NASDAQ’’) for options, providing
outbound routing from The NASDAQ
Option Market (‘‘NOM’’) to other market
centers.4 Phlx also has been previously
approved to receive inbound routes of
certain option orders by NOS in its
capacity as an order routing facility of
NASDAQ for NOM on a pilot basis.5
The Exchange hereby seeks to extend
the previously approved pilot period for
such inbound routing (with the
attendant obligations and conditions)
for an additional 6 months through
August 25, 2011.6
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,7
in general, and with Section 6(b)(5) of
4 NOM Rule Chapter VI, Section 11; See
Securities Exchange Act Release No. 57478 (March
12, 2008), 73 FR 14521 (March 18, 2008) (SR–
NASDAQ–2007–004; SR–NASDAQ–2007–080).
5 See Securities Exchange Act Release Nos. 58179
(July 17, 2008), 73 FR 42874 (July 23, 2008) (SR–
Phlx–2008–31); 61667 (March 5, 2010), 75 FR 11964
(March 12, 2010) (SR–Phlx–2010–36); 61668 (March
5, 2010), 75 FR 12323 (March 15, 2010) (SR–
NASDAQ–2010–028).
6 During this pilot period, the Exchange will file
a separate proposal with the Commission seeking
permanent approval of the Phlx and NOS routing
relationship.
7 15 U.S.C. 78f.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
the Act,8 in particular, in that the
proposal is designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
Specifically, the proposed rule change
will allow the Exchange to continue
receiving inbound routes of option
orders from NOS acting in its capacity
as a facility of NASDAQ for NOM, in a
manner consistent with prior approvals
and established protections. The
Exchange believes that extending the
previously approved pilot period for six
months is of sufficient length to permit
both the Exchange and the Commission
to assess the impact of the Exchange’s
authority to receive direct inbound
routes of option orders via NOS
(including the attendant obligations and
conditions).
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 not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing 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 after the date of
this filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 9 and Rule 19b–
4(f)(6) thereunder.10
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.11 However, Rule 19b–
8 15
U.S.C. 78f(b)(5).
U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires that a self-regulatory
9 15
E:\FR\FM\15FEN1.SGM
15FEN1
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices
4(f)(6)(iii) 12 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. Phlx
has requested that the Commission
waive the 30-day operative delay. Phlx
believes that the proposed rule change
does not significantly affect the
protection of investors or the public
interest because it seeks to extend for a
limited period a currently operating
pilot program so as to allow the
Exchange and the Commission to assess
whether to make the pilot permanent in
accordance with its attendant
obligations and conditions.13 The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest because such waiver
would allow the pilot period to be
extended without undue delay through
August 25, 2011. For this reason, the
Commission designates the proposed
rule change to be operative upon filing
with the Commission.14
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, as amended, 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–Phlx–2011–16 on the
subject line.
jdjones on DSK8KYBLC1PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
organization submit to 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 of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
12 Id.
13 See SR–Phlx–2011–16, Item 7.
14 For the purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
VerDate Mar<15>2010
15:51 Feb 14, 2011
Jkt 223001
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–2011–16. 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 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 Phlx. 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–Phlx–2011–16 and should
be submitted on or before March 8,
2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–3314 Filed 2–14–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63869; File No. SR–
NYSEArca–2010–119]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Approving a
Proposed Rule Change To List and
Trade Shares of the Teucrium WTI
Crude Oil Fund
February 8, 2011.
I. Introduction
On December 20, 2010, NYSE Arca,
Inc. (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
15 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00093
Fmt 4703
Sfmt 4703
8799
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b-4 thereunder,2 a proposed rule
change to list and trade shares of the
Teucrium WTI Crude Oil Fund under
NYSE Arca Equities Rule 8.200. The
proposed rule change was published for
comment in the Federal Register on
January 6, 2011.3 The Commission
received no comments on the proposal.
This order approves the proposed rule
change.
II. Description of the Proposal
The Exchange proposes to list and
trade shares (‘‘Shares’’) of the Teucrium
WTI Crude Oil Fund (‘‘Fund’’) pursuant
to NYSE Arca Equities Rule 8.200.
NYSE Arca Equities Rule 8.200,
Commentary .02, permits the trading of
Trust Issued Receipts either by listing or
pursuant to unlisted trading privileges.4
The Shares represent beneficial
ownership interests in the Fund, which
is a commodity pool that is a series of
the Teucrium Commodity Trust
(‘‘Trust’’), a Delaware statutory trust.5
The Fund is managed and controlled by
Teucrium Trading, LLC (‘‘Sponsor’’).
The Sponsor is a Delaware limited
liability company that is registered as a
commodity pool operator with the
Commodity Futures Trading
Commission (‘‘CFTC’’) and is a member
of the National Futures Association.
The investment objective of the Fund
is to have the daily changes in
percentage terms of the Shares’ net asset
value (‘‘NAV’’) reflect the daily changes
in percentage terms of a weighted
average of a weighted average of the
closing settlement prices for futures
contracts for Western Texas
Intermediate (‘‘WTI’’) crude oil, also
known as Texas Light Sweet crude oil
(‘‘Oil Futures Contracts’’) traded on the
New York Mercantile Exchange
(‘‘NYMEX’’), specifically (1) the nearest
to spot June or December Oil Futures
Contract, weighted 35%; (2) the June or
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 63625
(December 30, 2010), 76 FR 807 (‘‘Notice’’).
4 Commentary .02 to NYSE Arca Equities Rule
8.200 applies to Trust Issued Receipts that invest
in ‘‘Financial Instruments.’’ The term ‘‘Financial
Instruments,’’ as defined in Commentary .02(b)(4) to
NYSE Arca Equities Rule 8.200, means any
combination of investments, including cash;
securities; options on securities and indices; futures
contracts; options on futures contracts; forward
contracts; equity caps, collars and floors; and swap
agreements.
5 See Amendment No. 1 to registration statement
on Form S–1 for Teucrium Commodity Trust, dated
September 7, 2010 (File No. 333–167593) relating
to the Teucrium Natural Gas Fund (‘‘Registration
Statement’’).
2 17
E:\FR\FM\15FEN1.SGM
15FEN1
Agencies
[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8798-8799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3314]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63873; File No. SR-Phlx-2011-16]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Extending
the Pilot Period To Receive Inbound Routes of Orders From Nasdaq
Options Services
February 9, 2011.
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 February 3, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or the ``Exchange'')
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 Phlx. The Exchange has designated the proposed
rule change as constituting a non-controversial rule change under Rule
19b-4(f)(6) under the Act,\3\ which renders the proposal effective upon
filing with the Commission. 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.
\3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
Phlx submits this proposed rule change to extend the pilot period
of Phlx's prior approval to receive inbound routes of certain option
orders from Nasdaq Options Services, LLC (``NOS'') through August 25,
2011.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, Phlx 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. Phlx 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
Currently, NOS is the approved outbound routing facility of The
NASDAQ Stock Market LLC (``NASDAQ'') for options, providing outbound
routing from The NASDAQ Option Market (``NOM'') to other market
centers.\4\ Phlx also has been previously approved to receive inbound
routes of certain option orders by NOS in its capacity as an order
routing facility of NASDAQ for NOM on a pilot basis.\5\ The Exchange
hereby seeks to extend the previously approved pilot period for such
inbound routing (with the attendant obligations and conditions) for an
additional 6 months through August 25, 2011.\6\
---------------------------------------------------------------------------
\4\ NOM Rule Chapter VI, Section 11; See Securities Exchange Act
Release No. 57478 (March 12, 2008), 73 FR 14521 (March 18, 2008)
(SR-NASDAQ-2007-004; SR-NASDAQ-2007-080).
\5\ See Securities Exchange Act Release Nos. 58179 (July 17,
2008), 73 FR 42874 (July 23, 2008) (SR-Phlx-2008-31); 61667 (March
5, 2010), 75 FR 11964 (March 12, 2010) (SR-Phlx-2010-36); 61668
(March 5, 2010), 75 FR 12323 (March 15, 2010) (SR-NASDAQ-2010-028).
\6\ During this pilot period, the Exchange will file a separate
proposal with the Commission seeking permanent approval of the Phlx
and NOS routing relationship.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and with
Section 6(b)(5) of the Act,\8\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Specifically,
the proposed rule change will allow the Exchange to continue receiving
inbound routes of option orders from NOS acting in its capacity as a
facility of NASDAQ for NOM, in a manner consistent with prior approvals
and established protections. The Exchange believes that extending the
previously approved pilot period for six months is of sufficient length
to permit both the Exchange and the Commission to assess the impact of
the Exchange's authority to receive direct inbound routes of option
orders via NOS (including the attendant obligations and conditions).
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f.
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 not necessary or appropriate in
furtherance of the purposes of the Act, as amended.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing 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 after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
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.\11\
However, Rule 19b-
[[Page 8799]]
4(f)(6)(iii) \12\ permits the Commission to designate a shorter time if
such action is consistent with the protection of investors and the
public interest. Phlx has requested that the Commission waive the 30-
day operative delay. Phlx believes that the proposed rule change does
not significantly affect the protection of investors or the public
interest because it seeks to extend for a limited period a currently
operating pilot program so as to allow the Exchange and the Commission
to assess whether to make the pilot permanent in accordance with its
attendant obligations and conditions.\13\ The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver would allow the
pilot period to be extended without undue delay through August 25,
2011. For this reason, the Commission designates the proposed rule
change to be operative upon filing with the Commission.\14\
---------------------------------------------------------------------------
\11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
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 of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
\12\ Id.
\13\ See SR-Phlx-2011-16, Item 7.
\14\ For the purposes only of waiving the 30-day operative
delay, 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, as amended, 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-Phlx-2011-16 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-Phlx-2011-16. 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 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
Phlx. 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-
Phlx-2011-16 and should be submitted on or before March 8, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------
\15\ 17 CFR 200.30-3(a)(12).
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3314 Filed 2-14-11; 8:45 am]
BILLING CODE 8011-01-P