Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule To Amend EDGA Rule 11.9 To Introduce Additional Routing Options to the Rule, 20797-20799 [2011-8851]

Download as PDF Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 2. Statutory Basis Extension of the pilot period will allow the Exchange to continue to operate the pilot on an uninterrupted basis. Accordingly, CBOE believes the proposed rule change is consistent with the Act 7 and the rules and regulations under the Act applicable to a national securities exchange and, in particular, the requirements of Section 6(b) of the Act.8 Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 9 requirements that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and, in general, to protect investors and the public interest. B. Self-Regulatory Organization’s Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposal. mstockstill on DSKH9S0YB1PROD with NOTICES 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 10 and Rule 19b– 4(f)(6)(iii) thereunder.11 The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the Products. See Interpretation and Policy .03 to Rule 6.3C. 7 15 U.S.C. 78a et seq. 8 15 U.S.C. 78(f)(b). 9 15 U.S.C. 78(f)(b)(5). 10 15 U.S.C. 78s(b)(3)(A). 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 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. VerDate Mar<15>2010 18:37 Apr 12, 2011 Jkt 223001 30-day operative delay is consistent with the protection of investors and the public interest because such waiver will allow the pilot program to continue uninterrupted and help ensure uniformity among the national securities exchanges and FINRA with respect to the treatment of clearly erroneous transactions.12 Accordingly, the Commission waives the 30-day operative delay requirement and designates the proposed rule change as operative upon filing with the Commission. 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: 20797 proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make publicly available. All submissions should refer to File Number SR–CBOE– 2011–032 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. 2011–8790 Filed 4–12–11; 8:45 am] BILLING CODE 8011–01–P 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–CBOE–2011–032 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–CBOE–2011–032. 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 12 For 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). PO 00000 Frm 00175 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–64252; File No. SR–EDGA– 2011–09] Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule To Amend EDGA 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, 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 comments on the proposed rule change from interested persons. 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 20798 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 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. 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 three 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 ICMT routing strategy and add it to Rule 11.9(b)(3)(r). ICMT is a routing strategy under which an order checks VerDate Mar<15>2010 18:37 Apr 12, 2011 Jkt 223001 the System for available shares, then is sent to destinations on the System routing table and then to EDGX Exchange, Inc. (‘‘EDGX’’) as an immediate or cancel (IOC) Mid-Point Match (‘‘MPM’’)order.3 If there is no liquidity at EDGX to execute at the midpoint, the order is subsequently cancelled. 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’’,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 3 EDGX Rule 11.5(c)(7) defines a Mid-Point Match (MPM) order as an order with an instruction to execute it at the midpoint of the NBBO. A MPM order may be a Day Order, Fill-or-Kill Order, or IOC Order. The Exchange notes that members can send in a MPM order directly to EDGX without routing through the EDGA platform as an ICMT routing option. 4 15 U.S.C. 78f(b)(5). PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 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 as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 5 and Rule 19b–4 (f)(6)(iii) thereunder.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.7 However, Rule 19b– 4(f)(6) 8 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 5 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6)(iii). 7 17 CFR 240.19b–4(f)(6)(iii). 8 Id. 6 17 E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices Exchange users. For this reason, the Commission designates the proposed rule change to be operative upon filing with the Commission.9 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 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Cathy H. Ahn, Deputy Secretary. [FR Doc. 2011–8851 Filed 4–12–11; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12524 and #12525] • 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–EDGA–2011–09 on the subject line. mstockstill on DSKH9S0YB1PROD with NOTICES 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–2011–09 and should be submitted on or before May 4, 2011. Wisconsin Disaster #WI–00029 U.S. Small Business Administration. ACTION: Notice. AGENCY: VerDate Mar<15>2010 18:37 Apr 12, 2011 Jkt 223001 Primary Counties: Dane, Dodge, Grant, Iowa, Kenosha, Lafayette, Milwaukee, Racine, Walworth, Washington. The Interest Rates are: Percent For Physical Damage: Non-Profit Organizations With Credit Available Elsewhere: Non-Profit Organizations Without Credit Available Elsewhere: ......................... For Economic Injury: Non-Profit Organizations Without Credit Available Elsewhere: ......................... 3.250 3.000 3.000 The number assigned to this disaster for physical damage is 12524B and for economic injury is 12525B. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2011–8774 Filed 4–12–11; 8:45 am] BILLING CODE 8025–01–P This is a Notice of the Presidential declaration of a major Paper Comments disaster for Public Assistance Only for the State of Wisconsin (FEMA–1966– • Send paper comments in triplicate DR), dated 04/05/2011. to Elizabeth M. Murphy, Secretary, Incident: Severe Winter Storm and Securities and Exchange Commission, Snowstorm. 100 F Street, NE., Washington, DC Incident Period: 01/31/2011 through 20549–1090. 02/03/2011. All submissions should refer to File Effective Date: 04/05/2011. Number SR–EDGA–2011–09. This file Physical Loan Application Deadline number should be included on the subject line if e-mail is used. To help the Date: 06/06/2011. Economic Injury (EIDL) Loan Commission process and review your Application Deadline Date: 01/05/2012. comments more efficiently, please use only one method. The Commission will ADDRESSES: Submit completed loan post all comments on the Commission’s applications to: U.S. Small Business Administration, Processing and Internet Web site (https://www.sec.gov/ Disbursement Center, 14925 Kingsport rules/sro.shtml). Copies of the Road, Fort Worth, TX 76155. submission, all subsequent amendments, all written statements FOR FURTHER INFORMATION CONTACT: with respect to the proposed rule Alan Escobar, Office of Disaster change that are filed with the Assistance, U.S. Small Business Commission, and all written Administration, 409 3rd Street, SW., communications relating to the Suite 6050, Washington, DC 20416. proposed rule change between the SUPPLEMENTARY INFORMATION: Notice is Commission and any person, other than hereby given that as a result of the those that may be withheld from the President’s major disaster declaration on public in accordance with the 04/05/2011, Private Non-Profit provisions of 5 U.S.C. 552, will be organizations that provide essential available for Web site viewing and services of governmental nature may file printing in the Commission’s Public disaster loan applications at the address Reference Room on official business listed above or other locally announced days between the hours of 10 a.m. and locations. 3 p.m. Copies of such filing also will be The following areas have been determined to be adversely affected by 9 For the purposes only of waiving the 30-day operative delay, the Commission has considered the the disaster: proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 20799 SUMMARY: 10 17 PO 00000 CFR 200.30–3(a)(12). Frm 00177 Fmt 4703 Sfmt 4703 SMALL BUSINESS ADMINISTRATION Intermediary Lending Pilot Program Meeting U.S. Small Business Administration (SBA). ACTION: Notice of open meetings. AGENCY: The SBA is issuing this notice to announce the locations, dates, times, and agendas for public meetings regarding the Intermediary Lending Pilot (ILP) program established by the Small Business Jobs Act of 2010. The meetings will be open to the public. DATES: The meeting dates and times are: 1. April 27, 2011, 9 a.m. to 11 a.m., San Francisco, CA. 2. May 5, 2011, 9 a.m. to 11 a.m., Washington, DC. ADDRESSES: The meeting locations are: 1. San Francisco—SBA San Francisco District Office (Entrepreneur Center), 455 Market Street, Suite 600, San Francisco, CA 94105–2420. 2. Washington, DC—SBA Washington Metropolitan Area District Office (Conference Room), 740 15th Street, NW., Suite 300, Washington, DC 20005. SUPPLEMENTARY INFORMATION: The SBA is holding open meetings to discuss the ILP program established in the Small Business Jobs Act of 2010 (Pub. L. 111– 240). The ILP program is a three-year pilot program in which SBA will make direct loans of up to $1 million at an interest rate of 1 percent to up to 20 SUMMARY: E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20797-20799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8851]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64252; File No. SR-EDGA-2011-09]


Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule To Amend EDGA 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, 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 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

---------------------------------------------------------------------------

[[Page 20798]]

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.

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 three 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 ICMT routing strategy and add 
it to Rule 11.9(b)(3)(r). ICMT is a routing strategy under which an 
order checks the System for available shares, then is sent to 
destinations on the System routing table and then to EDGX Exchange, 
Inc. (``EDGX'') as an immediate or cancel (IOC) Mid-Point Match 
(``MPM'')order.\3\ If there is no liquidity at EDGX to execute at the 
midpoint, the order is subsequently cancelled.
---------------------------------------------------------------------------

    \3\ EDGX Rule 11.5(c)(7) defines a Mid-Point Match (MPM) order 
as an order with an instruction to execute it at the midpoint of the 
NBBO. A MPM order may be a Day Order, Fill-or-Kill Order, or IOC 
Order. The Exchange notes that members can send in a MPM order 
directly to EDGX without routing through the EDGA platform as an 
ICMT routing option.
---------------------------------------------------------------------------

    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'',\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 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.
---------------------------------------------------------------------------

    \4\ 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 \5\ and Rule 19b-4 
(f)(6)(iii) thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 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.\7\ 
However, Rule 19b-4(f)(6) \8\ 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

[[Page 20799]]

Exchange users. For this reason, the Commission designates the proposed 
rule change to be operative upon filing with the Commission.\9\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.19b-4(f)(6)(iii).
    \8\ Id.
    \9\ 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-EDGA-2011-09 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-2011-09. 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-
EDGA-2011-09 and should be submitted on or before May 4, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8851 Filed 4-12-11; 8:45 am]
BILLING CODE 8011-01-P
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