Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule To Amend EDGX Rule 11.9 To Introduce Additional Routing Options to the Rule, 20768-20770 [2011-8850]
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20768
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices
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
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
Because the foregoing proposed rule
change 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, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 8 and Rule 19b–4
(f)(6) thereunder.9
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.10 However, Rule 19b–
4(f)(6) 11 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.
The Commission has considered the
Exchange’s request to waive the 30-day
operative delay. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest, as it will allow the pilot
program to continue uninterrupted,
thereby avoiding the investor confusion
that could result from a temporary
interruption in the pilot program.12 For
this reason, the Commission designates
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4 (f)(6). When filing a proposed
rule change pursuant to Rule 19b–4 (f)(6) under the
Act, an exchange is required to give 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 Commission
notes that the Exchange has satisfied this
requirement.
10 17 CFR 240.19b–4(f)(6)(iii).
11 Id.
12 For the purposes only of waiving the operative
delay 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).
mstockstill on DSKH9S0YB1PROD with NOTICES
9 17
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18:37 Apr 12, 2011
Jkt 223001
the proposed rule change to be operative
upon filing.
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
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, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
copying at the principal offices 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–NYSE–2011–16, and
should be submitted on or before May
4, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–8855 Filed 4–12–11; 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–NYSE–2011–16 on the
subject line.
[Release No. 34–64250; File No. SR–EDGX–
2011–08]
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–NYSE–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, 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
April 7, 2011.
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule To Amend EDGX Rule 11.9 To
Introduce Additional Routing Options
to the Rule
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 April 1,
2011, EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘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 Exchange. 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 11.9 to introduce additional
routing options to the rule. The text of
the proposed rule change is attached as
Exhibit 5 and is available on the
Exchange’s Web site at https://
www.directedge.com, at the Exchange’s
principal office, on the Commission’s
Web site at https://www.sec.gov, and at
the Public Reference Room of the
Commission.
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\13APN1.SGM
13APN1
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices
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
Exchange 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.
mstockstill on DSKH9S0YB1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange’s current list of routing
options are codified in Rule 11.9(b)(3).
In this filing, the Exchange proposes to
amend Rule 11.9(b)(3) to add two new
additional strategies.
In Rule 11.9(b)(3), the Exchange
describes that its system (‘‘System’’)
provides a variety of routing options.
Routing options may be combined with
all available order types and times-inforce, with the exception of order types
and times-in-force whose terms are
inconsistent with the terms of a
particular routing option. The System
will consider the quotations only of
accessible markets. The term ‘‘System
routing table’’ refers to the proprietary
process for determining the specific
trading venues to which the System
routes orders and the order in which it
routes them. The Exchange reserves the
right to maintain a different System
routing table for different routing
options and to modify the System
routing table at any time without notice.
The new System routing options are
described in more detail below.
The Exchange proposes to describe
the ROUQ routing strategy and add it to
Rule 11.9(b)(3)(c)(iv). ROUQ is a routing
option under which an order checks the
System for available shares and then is
sent to destinations on the System
routing table.
The Exchange proposes to describe
the ROUZ routing strategy and add it to
Rule 11.9(b)(3)(c)(v). ROUZ is a routing
option under which an order checks the
System for available shares and then is
sent to destinations on the System
routing table.
The differences between the latter two
strategies lies in the differences in the
System routing tables for the ROUQ/
ROUZ strategies. The ROUQ routing
strategy goes to fewer low cost
VerDate Mar<15>2010
18:37 Apr 12, 2011
Jkt 223001
destinations than does the ROUZ
routing strategy.
The Exchange also proposes to move
the existing descriptions of ROUE,
ROUT, and ROUX into Rule
11.9(b)(3)(c)(i)–(iii), respectively.
Formerly, the descriptions were in
Rules 11.9(b)(3)(c) for ROUE,
11.9(b)(3)(h) for ROUT, and 11.9(b)(3)(i)
for ROUX.
The Exchange proposes to make
conforming changes to the rest of the
rule to re-letter the sections accordingly.
The Exchange believes that the
proposed introduction of these routing
options, described above, will provide
market participants with greater
flexibility in routing orders, without
having to develop their own
complicated routing strategies.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b)(5) of the Act,3 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 change to introduce the
routing options described above will
provide market participants with greater
flexibility in routing orders without
developing complicated order routing
strategies on their own.
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: (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
3 15
PO 00000
U.S.C. 78f(b)(5).
Frm 00147
Fmt 4703
Sfmt 4703
20769
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 4 and Rule 19b–
4(f)(6)(iii) thereunder.5
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.6 However, Rule 19b–
4(f)(6) 7 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 Exchange
notes that waiver of this requirement
will allow the Exchange to immediately
offer Exchange users new routing
strategies, and the inability to
immediately offer the new routing
strategies would put the Exchange at a
competitive disadvantage. 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 new routing strategies
to become immediately available to
Exchange users. For this reason, the
Commission designates the proposed
rule change to be operative upon filing
with the Commission.8
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–EDGX–2011–08 on the
subject line.
4 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
6 17 CFR 240.19b–4(f)(6)(iii).
7 Id.
8 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).
5 17
E:\FR\FM\13APN1.SGM
13APN1
20770
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / 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. 34–64230; File No. SR–EDGA–
2011–12]
Self-Regulatory Organizations; EDGA
Exchange, Inc.; Notice of Filing and
All submissions should refer to File
Immediate Effectiveness of Proposed
Number SR–EDGX–2011–08. This file
Rule Change To Amend EDGA Rule
number should be included on the
subject line if e-mail is used. To help the 11.13 To Extend the Operation of a
Pilot
Commission process and review your
comments more efficiently, please use
April 7, 2011.
only one method. The Commission will
Pursuant to Section 19(b)(1) of the
post all comments on the Commission’s
Securities Exchange Act of 1934 (the
Internet Web site (https://www.sec.gov/
‘‘Act’’),1 and Rule 19b–4 thereunder,2
rules/sro.shtml). Copies of the
notice is hereby given that on April 5,
submission, all subsequent
2011, the EDGA Exchange, Inc. (the
amendments, all written statements
‘‘Exchange’’ or the ‘‘EDGA’’) filed with
with respect to the proposed rule
the Securities and Exchange
change that are filed with the
Commission (‘‘Commission’’) the
Commission, and all written
proposed rule change as described in
communications relating to the
Items I and II below, which items have
proposed rule change between the
been prepared by the self-regulatory
Commission and any person, other than organization. The Commission is
those that may be withheld from the
publishing this notice to solicit
public in accordance with the
comments on the proposed rule change
provisions of 5 U.S.C. 552, will be
from interested persons.
available for Web site viewing and
I. Self-Regulatory Organization’s
printing in the Commission’s Public
Statement of the Terms of Substance of
Reference Room on official business
the Proposed Rule Change
days between the hours of 10 a.m. and
3 p.m. Copies of such filing also will be
The Exchange proposes to amend
available for inspection and copying at
EDGA Rule 11.13 to extend the
the principal office of the Exchange. All operation of a pilot pursuant to the Rule
comments received will be posted
until the earlier of August 11, 2011 or
without change; the Commission does
the date on which a limit up/limit down
not edit personal identifying
mechanism to address extraordinary
information from submissions. You
market volatility, if adopted, applies.
should submit only information that
The text of the proposed rule change is
you wish to make available publicly. All available on the Exchange’s Web site at
submissions should refer to File
https://www.directedge.com, at the
Number SR–EDGX–2011–08 and should Exchange’s principal office, on the
be submitted on or before May 4, 2011.
Commission’s Web site at https://
www.sec.gov, and at the Public
For the Commission, by the Division of
Reference Room of the Commission.
Trading and Markets, pursuant to delegated
authority.9
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–8850 Filed 4–12–11; 8:45 am]
mstockstill on DSKH9S0YB1PROD with NOTICES
BILLING CODE 8011–01–P
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
Exchange 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.
1 15
9 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
18:37 Apr 12, 2011
2 17
Jkt 223001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00148
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to extend
the effectiveness of the Exchange’s
current rule applicable to Clearly
Erroneous Executions, Rule 11.13. The
rule, explained in further detail below,
was approved to operate under a pilot
program set to expire on December 10,
2010. Then, it was subsequently
extended by the Exchange to April 11,
2011. The Exchange now proposes to
extend the pilot program to extend until
the earlier of August 11, 2011 or the
date on which a limit up/limit down
mechanism to address extraordinary
market volatility, if adopted, applies.
On September 10, 2010, the
Commission approved, on a pilot basis,
changes to EDGA Rule 11.13 to provide
for uniform treatment: (1) Of clearly
erroneous execution reviews in multistock events involving twenty or more
securities; and (2) in the event
transactions occur that result in the
issuance of an individual stock trading
pause by the primary market and
subsequent transactions that occur
before the trading pause is in effect on
the Exchange.3 The Exchange also
adopted additional changes to Rule
11.13 that reduced the ability of the
Exchange to deviate from the objective
standards set forth in Rule 11.13.4 The
pilot was subsequently extended to
April 11, 2011.5 The Exchange believes
the benefits to market participants from
the more objective clearly erroneous
executions rule should be approved to
continue on a pilot basis.
2. Statutory Basis
The statutory basis for the proposed
rule change is Section 6(b)(5) of the
Act,6 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 Exchange believes
that the proposed rule meets these
requirements in that it promotes
transparency and uniformity across
3 See Securities Exchange Act Release No. 62886
(September 10, 2010), 75 FR
56613 (September 16, 2010) (SR–EDGA–2010–
03).
4 Id.
5 See Securities Exchange Act Release No. 63517
(December 10, 2010), 75 FR 78318 (December 15,
2010) (SR–EDGA–2010–24).
6 15 U.S.C. 78f(b)(5).
E:\FR\FM\13APN1.SGM
13APN1
Agencies
[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20768-20770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8850]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64250; File No. SR-EDGX-2011-08]
Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule To Amend EDGX Rule
11.9 To Introduce Additional Routing Options to the Rule
April 7, 2011.
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 April 1, 2011, EDGX Exchange, Inc. (the ``Exchange'' or
``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 Exchange. 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 11.9 to introduce additional
routing options to the rule. The text of the proposed rule change is
attached as Exhibit 5 and is available on the Exchange's Web site at
https://www.directedge.com, at the Exchange's principal office, on the
Commission's Web site at https://www.sec.gov, and at the Public
Reference Room of the Commission.
[[Page 20769]]
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 Exchange 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 Exchange's current list of routing options are codified in Rule
11.9(b)(3). In this filing, the Exchange proposes to amend Rule
11.9(b)(3) to add two new additional strategies.
In Rule 11.9(b)(3), the Exchange describes that its system
(``System'') provides a variety of routing options. Routing options may
be combined with all available order types and times-in-force, with the
exception of order types and times-in-force whose terms are
inconsistent with the terms of a particular routing option. The System
will consider the quotations only of accessible markets. The term
``System routing table'' refers to the proprietary process for
determining the specific trading venues to which the System routes
orders and the order in which it routes them. The Exchange reserves the
right to maintain a different System routing table for different
routing options and to modify the System routing table at any time
without notice. The new System routing options are described in more
detail below.
The Exchange proposes to describe the ROUQ routing strategy and add
it to Rule 11.9(b)(3)(c)(iv). ROUQ is a routing option under which an
order checks the System for available shares and then is sent to
destinations on the System routing table.
The Exchange proposes to describe the ROUZ routing strategy and add
it to Rule 11.9(b)(3)(c)(v). ROUZ is a routing option under which an
order checks the System for available shares and then is sent to
destinations on the System routing table.
The differences between the latter two strategies lies in the
differences in the System routing tables for the ROUQ/ROUZ strategies.
The ROUQ routing strategy goes to fewer low cost destinations than does
the ROUZ routing strategy.
The Exchange also proposes to move the existing descriptions of
ROUE, ROUT, and ROUX into Rule 11.9(b)(3)(c)(i)-(iii), respectively.
Formerly, the descriptions were in Rules 11.9(b)(3)(c) for ROUE,
11.9(b)(3)(h) for ROUT, and 11.9(b)(3)(i) for ROUX.
The Exchange proposes to make conforming changes to the rest of the
rule to re-letter the sections accordingly.
The Exchange believes that the proposed introduction of these
routing options, described above, will provide market participants with
greater flexibility in routing orders, without having to develop their
own complicated routing strategies.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\3\ 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 change to introduce the routing options
described above will provide market participants with greater
flexibility in routing orders without developing complicated order
routing strategies on their own.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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: (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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-
4(f)(6)(iii) thereunder.\5\
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(3)(A).
\5\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
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.\6\
However, Rule 19b-4(f)(6) \7\ 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 Exchange notes that waiver of this
requirement will allow the Exchange to immediately offer Exchange users
new routing strategies, and the inability to immediately offer the new
routing strategies would put the Exchange at a competitive
disadvantage. 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 new routing strategies to
become immediately available to Exchange users. For this reason, the
Commission designates the proposed rule change to be operative upon
filing with the Commission.\8\
---------------------------------------------------------------------------
\6\ 17 CFR 240.19b-4(f)(6)(iii).
\7\ Id.
\8\ 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 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 rule-comments@sec.gov. Please include
File Number SR-EDGX-2011-08 on the subject line.
[[Page 20770]]
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-2011-08. 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
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-2011-08 and should be submitted on or before May 4, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8850 Filed 4-12-11; 8:45 am]
BILLING CODE 8011-01-P