Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Extend the Pilot Period of the Inbound Router, as described in EDGA Rule 2.12(b), 25386-25388 [2011-10808]
Download as PDF
25386
Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
II. Description of the Proposal
In February 2010, the Commission
approved FINRA’s proposal to amend
the FINRA Rule 6700 Series to define
‘‘Asset-Backed Securities’’ as TRACE–
Eligible Securities, thereby subjecting
members to the requirement to report
transactions in such securities to
TRACE.4 The proposal is to become
effective on May 16, 2011.5 In the
current proposed rule change, FINRA
proposes additional amendments to the
FINRA Rule 6700 Series and FINRA
Rule 7730 to prepare for the reporting of
Asset-Backed Securities transactions to
TRACE. The proposed rule change
amends or supplements the TRACE
reporting and other requirements that
will apply to Asset-Backed Securities
transactions. Specifically, the proposed
rule change would:
(1) In FINRA Rule 6710, clarify,
simplify, or conform the defined terms
‘‘TRACE-Eligible Security,’’ ‘‘Reportable
TRACE Transaction,’’ ‘‘Agency Debt
Security,’’ ‘‘Asset-Backed Security’’ and
‘‘TRACE System Hours’’; add the defined
term, ‘‘Securitizer’’; and delete the
defined terms ‘‘Sponsor’’ and ‘‘Issuing
Entity’’;
(2) In FINRA Rule 6730, (A) revise,
renumber, and conform the text of
parallel reporting provisions in FINRA
Rule 6730(a); (B) incorporate minor
amendments regarding the duration and
expiration of the pilot program for
reporting Asset-Backed Securities
transactions (‘‘Pilot Program’’); (C)
consolidate reporting requirements for
Asset-Backed Securities transactions
that are executed other than during
TRACE System Hours; (D) simplify how
settlement is reported for Asset-Backed
Securities transactions; (E) add
alternative reporting requirements for
Asset-Backed Securities transactions
that are collateralized mortgage
obligation (‘‘CMO’’) or real estate
mortgage investment conduit (‘‘REMIC’’)
transactions that occur prior to the
issuance of the CMO or REMIC (‘‘preissuance CMOs/REMICs’’); and (F) add
new FINRA Rule 6730(a)(6) to clarify a
member’s obligation to provide
information to FINRA Operations
regarding a TRACE-Eligible Security
when such security is not in the TRACE
system, and to incorporate other minor
4 See Securities Exchange Act Release No. 61566
(February 22, 2010), 75 FR 9262 (March 1, 2010).
This proposed rule change also amended FINRA
Rule 7730 to establish fees for reporting
transactions in Asset-Backed Securities.
5 See Securities Exchange Act Release No. 63223
(November 1, 2010), 75 FR 68654 (November 8,
2010) (Notice of Filing and Immediate Effectiveness
of SR–FINRA–2010–054 to Extend the
Implementation Period for SR–FINRA–2009–065);
Regulatory Notice 10–55 (October 2010).
VerDate Mar<15>2010
17:45 May 03, 2011
Jkt 223001
technical or clarifying amendments to
the Rule;
(3) In FINRA Rule 6760, incorporate
requirements that apply to Securitizers
of Asset-Backed Securities, alternative
notification requirements for preissuance CMOs/REMICs, and minor
technical, conforming, or clarifying
changes; and
(4) In FINRA Rule 7730, add the
Financial Information eXchange (‘‘FIX’’)
as a method to report transactions to
TRACE, establish a system-related FIX
fee, and incorporate a minor technical
amendment.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,9 that the
proposed rule change (SR–FINRA–
2011–012), be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delSegated
authority.10
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–10809 Filed 5–3–11; 8:45 am]
BILLING CODE 8011–01–P
III. Discussion and Commission’s
Findings
SECURITIES AND EXCHANGE
COMMISSION
After carefully considering the
proposed rule change, the Commission
finds that it is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities association.6 In
particular, the Commission finds that
the proposal is consistent with Section
15A(b)(6) of the Act,7 which requires,
among other things, that FINRA rules
must be designed to prevent fraudulent
and manipulative acts and practices, to
promote just and equitable principles of
trade, and, in general, to protect
investors and the public interest. The
Commission believes that the proposal
clarifies the standards for reporting
Asset-Backed Securities, will assist
FINRA by supporting more timely and
accurate reporting to TRACE of
transactions in Asset-Backed Securities
and enhance FINRA’s surveillance of
the debt market in connection with
Asset-Backed Securities transactions for
the protection of investors and in
furtherance of the public interest.
The Commission further finds that the
proposal to add to Rule 7730 a fee for
reporting transactions in Asset-Backed
Securities via FIX is consistent with
Section 15A(b)(5) of the Act, which
requires, among other things, that
FINRA rules provide for the equitable
allocation of reasonable dues, fees, and
other charges among members, issuers,
and other persons using any facility or
system that FINRA operates or
controls.8 The fee is similar to the
Computer-to-Computer Interface
(‘‘CTCI’’) fee that currently is assessed to
members that elect to report
transactions in TRACE-Eligible
Securities to TRACE via a CTCI line.
[Release No. 34–64362; File No. SR–EDGA–
2011–13]
6 In approving 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 15 U.S.C. 78o–3(b)(6).
8 15 U.S.C. 78o–3(b)(5).
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
Self-Regulatory Organizations; EDGA
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Extend the Pilot Period
of the Inbound Router, as described in
EDGA Rule 2.12(b)
April 28, 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 April 20,
2011, EDGA Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGA’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III 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 extend the
pilot period of the Exchange’s inbound
router, as described in Rule 2.12(b), so
that the Exchange can receive inbound
routes of equities orders through DE
Route, the Exchange’s routing broker
dealer, from EDGX Exchange, Inc.
(‘‘EDGX’’). 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, and at the
Public Reference Room of the
Commission.
9 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
10 17
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
jlentini on DSKJ8SOYB1PROD with NOTICES
1. Purpose
Currently, Direct Edge ECN, LLC d/b/
a DE Route (‘‘DE Route’’) is the approved
outbound order routing facility of
EDGX. 3 The Exchange, through DE
Route, has also been approved to receive
inbound routes of equities orders by DE
Route from EDGX. The Exchange’s
authority to receive inbound routes of
equities orders by DE Route from EDGX
is subject to a pilot period of twelve
months, ending July 1, 2011. The
Exchange hereby seeks to extend the
previously approved pilot period (with
the attendant obligations and conditions
outlined in the Commission’s Approval
Order) for an additional twelve months,
through June 30, 2012. This is reflected
in the proposed amendment to EDGA
Rule 2.12(b).
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, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, 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 equities orders from DE Route
acting in its capacity as a facility of
EDGX, in a manner consistent with
prior approvals and established
protections. The Exchange believes that
3 See Securities Exchange Act Release No. 61698
(March 12, 2010), 75 FR 13151 (March 18, 2010)
(hereinafter referred to as the ‘‘Commission’s
Approval Order’’).
4 15 U.S.C. 78f(b)(5).
VerDate Mar<15>2010
17:45 May 03, 2011
Jkt 223001
extending the previously approved pilot
period for twelve months will permit
both the Exchange and the Commission
to further assess the impact of the
Exchange’s authority to receive direct
inbound routes of equities orders via DE
Route, including the attendant
obligations and conditions.
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) 7 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),8 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest.
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
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
7 17 CFR 240.19b–4(f)(6).
8 17 CFR 240.19b–4(f)(6)(iii).
25387
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–EDGA–2011–13 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–2011–13. 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.9 Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–EDGA–
2011–13 and should be submitted on or
before May 25, 2011.
5 15
6 17
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
9 The text of the proposed rule change is available
on the Commission’s Web site at https://
www.sec.gov.
E:\FR\FM\04MYN1.SGM
04MYN1
25388
Federal Register / Vol. 76, No. 86 / Wesnesday, May 4, 2011 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Cathy H. Ahn,
Deputy Secretary.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64361; File No. SR–EDGX–
2011–12]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Extend the Pilot
Period of the Inbound Router, as
Described in EDGX Rule 2.12(b)
April 28, 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 April 20,
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, II, and
III 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 extend the
pilot period of the Exchange’s inbound
router, as described in Rule 2.12(b), so
that the Exchange can receive inbound
routes of equities orders through DE
Route, the Exchange’s routing broker
dealer, from EDGA Exchange, Inc.
(‘‘EDGA’’). 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, and at the
Public Reference Room of the
Commission.
jlentini on DSKJ8SOYB1PROD with 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
10 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
VerDate Mar<15>2010
19:51 May 03, 2011
Jkt 223001
B. Self-Regulatory Organization’s
Statement on Burden on Competition
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2011–10808 Filed 5–3–11; 8:45 am]
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.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
1. Purpose
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.
Currently, Direct Edge ECN, LLC
d/b/a DE Route (‘‘DE Route’’) is the
approved outbound order routing
facility of EDGA.3 The Exchange,
through DE Route, has also been
approved to receive inbound routes of
equities orders by DE Route from EDGA.
The Exchange’s authority to receive
inbound routes of equities orders by DE
Route from EDGA is subject to a pilot
period of twelve months, ending July 1,
2011. The Exchange hereby seeks to
extend the previously approved pilot
period (with the attendant obligations
and conditions outlined in the
Commission’s Approval Order) for an
additional twelve months, through June
30, 2012. This is reflected in the
proposed amendment to EDGX Rule
2.12(b).
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, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, 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 equities orders from DE Route
acting in its capacity as a facility of
EDGA, in a manner consistent with
prior approvals and established
protections. The Exchange believes that
extending the previously approved pilot
period for twelve months will permit
both the Exchange and the Commission
to further assess the impact of the
Exchange’s authority to receive direct
inbound routes of equities orders via DE
Route, including the attendant
obligations and conditions.
3 See Securities Exchange Act Release No. 61698
(March 12, 2010), 75 FR 13151 (March 18, 2010)
(hereinafter referred to as the ‘‘Commission’s
Approval Order’’).
4 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
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.
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) 7 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),8 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest.
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
5 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
7 17 CFR 240.19b–4(f)(6).
8 17 CFR 240.19b–4(f)(6)(iii).
6 17
E:\FR\FM\04MYN1.SGM
04MYN1
Agencies
[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Pages 25386-25388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10808]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64362; File No. SR-EDGA-2011-13]
Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Extend
the Pilot Period of the Inbound Router, as described in EDGA Rule
2.12(b)
April 28, 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 April 20, 2011, EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III 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 extend the pilot period of the Exchange's
inbound router, as described in Rule 2.12(b), so that the Exchange can
receive inbound routes of equities orders through DE Route, the
Exchange's routing broker dealer, from EDGX Exchange, Inc. (``EDGX'').
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, and at the Public Reference Room of
the Commission.
[[Page 25387]]
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
Currently, Direct Edge ECN, LLC d/b/a DE Route (``DE Route'') is
the approved outbound order routing facility of EDGX. \3\ The Exchange,
through DE Route, has also been approved to receive inbound routes of
equities orders by DE Route from EDGX. The Exchange's authority to
receive inbound routes of equities orders by DE Route from EDGX is
subject to a pilot period of twelve months, ending July 1, 2011. The
Exchange hereby seeks to extend the previously approved pilot period
(with the attendant obligations and conditions outlined in the
Commission's Approval Order) for an additional twelve months, through
June 30, 2012. This is reflected in the proposed amendment to EDGA Rule
2.12(b).
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 61698 (March 12,
2010), 75 FR 13151 (March 18, 2010) (hereinafter referred to as the
``Commission's Approval Order'').
---------------------------------------------------------------------------
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,
to foster cooperation and coordination with persons engaged in
facilitating transactions in securities, 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
equities orders from DE Route acting in its capacity as a facility of
EDGX, in a manner consistent with prior approvals and established
protections. The Exchange believes that extending the previously
approved pilot period for twelve months will permit both the Exchange
and the Commission to further assess the impact of the Exchange's
authority to receive direct inbound routes of equities orders via DE
Route, including the attendant obligations and conditions.
---------------------------------------------------------------------------
\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) \7\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\8\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------
\7\ 17 CFR 240.19b-4(f)(6).
\8\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
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-2011-13 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-2011-13. 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.\9\ Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGA-2011-13 and should be
submitted on or before May 25, 2011.
---------------------------------------------------------------------------
\9\ The text of the proposed rule change is available on the
Commission's Web site at https://www.sec.gov.
[[Page 25388]]
---------------------------------------------------------------------------
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. 2011-10808 Filed 5-3-11; 8:45 am]
BILLING CODE 8011-01-P