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, 28489-28491 [2011-11973]

Download as PDF Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Notices C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 45 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve or disapprove the proposed rule change, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments 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 available publicly. All submissions should refer to File Number SR– NYSEArca–2011–24 and should be submitted on or before June 7, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.20 Cathy H. Ahn, Deputy Secretary. [FR Doc. 2011–11967 Filed 5–16–11; 8:45 am] BILLING CODE 8011–01–P Electronic Comments 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 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–64466; File No. SR–EDGA– 2011–16] May 11, 2011. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 • Send paper comments in triplicate notice is hereby given that on May 5, to Elizabeth M. Murphy, Secretary, 2011, the EDGA Exchange, Inc. (the Securities and Exchange Commission, ‘‘Exchange’’ or the ‘‘EDGA’’) filed with 100 F Street, NE., Washington, DC the Securities and Exchange 20549–1090. Commission (‘‘Commission’’) the All submissions should refer to File proposed rule change as described in Number SR–NYSEArca–2011–24. This Items I and II below, which items have file number should be included on the been prepared by the self-regulatory subject line if e-mail is used. To help the organization. The Commission is Commission process and review your publishing this notice to solicit comments more efficiently, please use comments on the proposed rule change only one method. The Commission will from interested persons. post all comments on the Commission’s I. Self-Regulatory Organization’s Internet Web site (https://www.sec.gov/ Statement of the Terms of Substance of rules/sro.shtml). Copies of the the Proposed Rule Change submission, all subsequent amendments, all written statements The Exchange proposes to introduce with respect to the proposed rule additional routing options to Rule 11.9 change that are filed with the Commission, and all written 20 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). communications relating to the 2 17 CFR 240.19b–4. proposed rule change between the Emcdonald on DSK2BSOYB1PROD with NOTICES Paper Comments VerDate Mar<15>2010 16:21 May 16, 2011 Jkt 223001 PO 00000 Frm 00076 Fmt 4703 and amend existing routing options. The text of the proposed rule change is available on the Exchange’s Web site at https://www.directedge.com, at the Exchange’s principal office, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the 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 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: • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSEArca–2011–24 on the subject line. 28489 Sfmt 4703 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 and amend other ones. 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 introduce the ROBB and ROCO routing strategies and add them to Rules 11.9(b)(3)(c)(vi)– (vii). ROBB/ROCO are routing options under which an order checks the System for available shares and then are sent to destinations on the System routing table. If shares remain unexecuted after routing, they are posted on the book, unless otherwise E:\FR\FM\17MYN1.SGM 17MYN1 Emcdonald on DSK2BSOYB1PROD with NOTICES 28490 Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Notices instructed by the User.3 The difference between the latter two strategies lies in the difference in the System routing tables for the ROBB/ROCO strategies. The Exchange also proposes to amend the descriptions in Rules11.9(b)(3)(b) (ROUD), 11.9(b)(3)(l) (IOCX), 11.9(b)(3)(m) (IOCT), 11.9(b)(3)(r), as proposed to be re-lettered as described below (IOCM), 11.9(b)(3)(s), as proposed to be re-lettered as described below (ICMT), to modify the routing strategies such that if shares remain unexecuted after routing, they are posted on the book, unless otherwise instructed by the User. The Exchange proposes to amend the description of the routing strategies listed in Rule 11.9(b)(3)(c) to state that if shares remain unexecuted after routing, they are posted on the book, unless otherwise instructed by the User. The same revision is also proposed to other routing strategies that currently cancel back to the User if shares remain unexecuted after routing. These include Rules 11.9(b)(3)(e) (ROBA), 11.9(b)(3)(f) (ROBX), 11.9(b)(3)(g) (ROBY) and 11.9(b)(3)(k) (ROPA). The Exchange also proposes to amend the descriptions of the IOCX and IOCT routing strategies in Rules 11.9(b)(3)(l)– (m) to describe that for each strategy, routed orders are sent, as an immediate or cancel (IOC) order, to EDGX. The IOC designation pertains only to the routed order. If shares remain unexecuted after routing, the order returns to its original parent order without the IOC designation and it posts to the book, unless otherwise instructed by the User. The Exchange also proposes to amend Rules 11.9(b)(3)(e) (ROBA), (b)(3)(f) (ROBX), (b)(3)(g) (ROBY), (b)(3)(k) (ROPA), (b)(3)(l)–(m) (IOCX/IOCT), and (b)(3)(r)–(s)(IOCM/ICMT), as proposed to be re-lettered as described below, to move the placement of the text of ‘‘immediate or cancel order’’ within these descriptions to clarify this point. The Exchange also proposes to introduce the SWPC routing strategy and add it to proposed Rule 11.9(b)(3)(q). SWPC is a routing option under which an order checks the System for available shares and then is sent to only Protected Quotations and only for displayed size. To the extent that any portion of the order is unexecuted, the remainder is posted on the book at the order’s limit price. The entire SWPC order will not be cancelled back to the User immediately if at the time of entry there is an insufficient share quantity in the SWPC order to fulfill the displayed size of all Protected Quotations. The Exchange believes that the proposed introduction of the SWPC 3 As defined in Rule 1.5 (cc). VerDate Mar<15>2010 16:21 May 16, 2011 Jkt 223001 routing option will provide market participants with greater flexibility in routing orders consistent with Regulation NMS. This proposed rule change is similar to NASDAQ Rule 4758(a)(1)(A)(vi) (NASDAQ’s ‘‘MOPP’’ strategy) and BATS Exchange, Inc. Rule 11.13(a)(3)(D) (‘‘Parallel T’’).4 As a result of the insertion of the SWPC routing strategy into Rule 11.9(b)(3)(r), the Exchange also proposes to move the existing descriptions of IOCM and ICMT from Rules 11.9(b)(3)(c)(q)–(r) into Rules 11.9(b)(3)(c)(r)–(s), respectively. 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,5 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 4 See, e.g., NASDAQ Rule 4758, BATS Rule 11.13(a)(3)(D). 5 15 U.S.C. 78f(b)(5). PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 6 and Rule 19b– 4(f)(6)(iii) thereunder.7 A proposed rule change filed under Rule 19b–4(f)(6) normally may not become operative prior to 30 days after the date of filing.8 However, Rule 19b– 4(f)(6) 9 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay so that the proposal may become operative upon filing, as the Exchange would like to make the additional strategies available on or about May 23, 2011. 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.10 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. 6 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6)(iii). In addition, Rule 19b–4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file 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. EDGA has satisfied this requirement. 8 17 CFR 240.19b–4(f)(6)(iii). 9 Id. 10 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). 7 17 E:\FR\FM\17MYN1.SGM 17MYN1 Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Notices Comments may be submitted by any of the following methods: SECURITIES AND EXCHANGE COMMISSION Electronic Comments [Release No. 34–64465; File No. SR–EDGX– 2011–15] • 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–2011–16 on the subject line. Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule To Amend EDGX Rule 11.9 May 11, 2011. Emcdonald on DSK2BSOYB1PROD with NOTICES Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the Paper Comments ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 5, • Send paper comments in triplicate 2011, the EDGX Exchange, Inc. (the to Elizabeth M. Murphy, Secretary, ‘‘Exchange’’ or the ‘‘EDGX’’) filed with Securities and Exchange Commission, the Securities and Exchange 100 F Street, NE., Washington, DC Commission (‘‘Commission’’) the 20549–1090. proposed rule change as described in Items I and II below, which items have All submissions should refer to File been prepared by the self-regulatory Number SR–EDGA–2011–16. This file organization. The Commission is number should be included on the subject line if e-mail is used. To help the publishing this notice to solicit comments on the proposed rule change Commission process and review your from interested persons. comments more efficiently, please use only one method. The Commission will I. Self-Regulatory Organization’s post all comments on the Commission’s Statement of the Terms of Substance of the Proposed Rule Change Internet Web site (https://www.sec.gov/ rules/sro.shtml). Copies of the The Exchange proposes to introduce submission, all subsequent an additional routing option to Rule amendments, all written statements 11.9 and amend existing routing with respect to the proposed rule options. The text of the proposed rule change is available on the Exchange’s change that are filed with the Web site at https://www.directedge.com, Commission, and all written at the Exchange’s principal office, and at communications relating to the the Commission’s Public Reference proposed rule change between the Commission and any person, other than Room. those that may be withheld from the II. Self-Regulatory Organization’s public in accordance with the Statement of the Purpose of, and provisions of 5 U.S.C. 552, will be Statutory Basis for, the Proposed Rule available for Web site viewing and Change printing in the Commission’s Public In its filing with the Commission, the Reference Room on official business Exchange included statements days between the hours of 10 a.m. and concerning the purpose of, and basis for, 3 p.m. Copies of such filing also will be the proposed rule change and discussed available for inspection and copying at any comments it received on the the principal office of the Exchange. All proposed rule change. The text of these comments received will be posted statements may be examined at the without change; the Commission does places specified in Item IV below. The not edit personal identifying self-regulatory organization has information from submissions. You prepared summaries, set forth in should submit only information that Sections A, B and C below, of the most you wish to make available publicly. All significant aspects of such statements. submissions should refer to File A. Self-Regulatory Organization’s Number SR–EDGA–2011–16 and should Statement of the Purpose of, and be submitted on or before June 7, 2011. Statutory Basis for, the Proposed Rule For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Cathy H. Ahn, Deputy Secretary. [FR Doc. 2011–11973 Filed 5–16–11; 8:45 am] 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 one new BILLING CODE 8011–01–P 1 15 11 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 16:21 May 16, 2011 2 17 Jkt 223001 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00078 Fmt 4703 additional strategy and amend other ones. 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 also proposes to amend the descriptions in Rules 11.9(b)(3)(b) (ROUD), 11.9(b)(3)(l) (IOCX), and 11.9(b)(3)(m) (IOCT) to modify the routing strategies such that if shares remain unexecuted after routing, they are posted on the book, unless otherwise instructed by the User. The Exchange proposes to amend the description of the routing strategies listed in Rule 11.9(b)(3)(c) to state that if shares remain unexecuted after routing, they are posted on the book, unless otherwise instructed by the User.3 The same revision is also proposed to other routing strategies that currently cancel back to the User if shares remain unexecuted after routing. These include Rules 11.9(b)(3)(e) (ROBA), 11.9(b)(3)(f) (ROBX), 11.9(b)(3)(g) (ROBY) and 11.9(b)(3)(k) (ROPA). The Exchange also proposes to amend the descriptions of the IOCX and IOCT routing strategies in Rules 11.9(b)(3)(l)– (m) to describe that for each strategy, routed orders are sent, as an immediate or cancel (IOC) order, to EDGA. The IOC designation pertains only to the routed order. If shares remain unexecuted after routing, the order returns to its original parent order without the IOC designation and it posts to the book, unless otherwise instructed by the User. The Exchange also proposes to amend Rules 11.9(b)(3)(e) (ROBA), (b)(3)(f) (ROBX), (b)(3)(g) (ROBY), (b)(3)(k) (ROPA), (b)(3)(l)–(m) (IOCX/IOCT) to move the placement of the text of ‘‘immediate or cancel order’’ within these descriptions to clarify this point. The Exchange also proposes to introduce the SWPC routing strategy and add it to proposed Rule 3 As Sfmt 4703 28491 E:\FR\FM\17MYN1.SGM defined in Rule 1.5(cc). 17MYN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Notices]
[Pages 28489-28491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11973]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64466; File No. SR-EDGA-2011-16]


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

May 11, 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 May 5, 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to introduce additional routing options to 
Rule 11.9 and amend existing routing options. The text of the proposed 
rule change is available on the Exchange's Web site at https://www.directedge.com, at the Exchange's principal office, and at the 
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the 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 and amend other ones.
    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 introduce the ROBB and ROCO routing 
strategies and add them to Rules 11.9(b)(3)(c)(vi)-(vii). ROBB/ROCO are 
routing options under which an order checks the System for available 
shares and then are sent to destinations on the System routing table. 
If shares remain unexecuted after routing, they are posted on the book, 
unless otherwise

[[Page 28490]]

instructed by the User.\3\ The difference between the latter two 
strategies lies in the difference in the System routing tables for the 
ROBB/ROCO strategies.
---------------------------------------------------------------------------

    \3\ As defined in Rule 1.5 (cc).
---------------------------------------------------------------------------

    The Exchange also proposes to amend the descriptions in 
Rules11.9(b)(3)(b) (ROUD), 11.9(b)(3)(l) (IOCX), 11.9(b)(3)(m) (IOCT), 
11.9(b)(3)(r), as proposed to be re-lettered as described below (IOCM), 
11.9(b)(3)(s), as proposed to be re-lettered as described below (ICMT), 
to modify the routing strategies such that if shares remain unexecuted 
after routing, they are posted on the book, unless otherwise instructed 
by the User. The Exchange proposes to amend the description of the 
routing strategies listed in Rule 11.9(b)(3)(c) to state that if shares 
remain unexecuted after routing, they are posted on the book, unless 
otherwise instructed by the User.
    The same revision is also proposed to other routing strategies that 
currently cancel back to the User if shares remain unexecuted after 
routing. These include Rules 11.9(b)(3)(e) (ROBA), 11.9(b)(3)(f) 
(ROBX), 11.9(b)(3)(g) (ROBY) and 11.9(b)(3)(k) (ROPA).
    The Exchange also proposes to amend the descriptions of the IOCX 
and IOCT routing strategies in Rules 11.9(b)(3)(l)-(m) to describe that 
for each strategy, routed orders are sent, as an immediate or cancel 
(IOC) order, to EDGX. The IOC designation pertains only to the routed 
order. If shares remain unexecuted after routing, the order returns to 
its original parent order without the IOC designation and it posts to 
the book, unless otherwise instructed by the User. The Exchange also 
proposes to amend Rules 11.9(b)(3)(e) (ROBA), (b)(3)(f) (ROBX), 
(b)(3)(g) (ROBY), (b)(3)(k) (ROPA), (b)(3)(l)-(m) (IOCX/IOCT), and 
(b)(3)(r)-(s)(IOCM/ICMT), as proposed to be re-lettered as described 
below, to move the placement of the text of ``immediate or cancel 
order'' within these descriptions to clarify this point.
    The Exchange also proposes to introduce the SWPC routing strategy 
and add it to proposed Rule 11.9(b)(3)(q). SWPC is a routing option 
under which an order checks the System for available shares and then is 
sent to only Protected Quotations and only for displayed size. To the 
extent that any portion of the order is unexecuted, the remainder is 
posted on the book at the order's limit price. The entire SWPC order 
will not be cancelled back to the User immediately if at the time of 
entry there is an insufficient share quantity in the SWPC order to 
fulfill the displayed size of all Protected Quotations. The Exchange 
believes that the proposed introduction of the SWPC routing option will 
provide market participants with greater flexibility in routing orders 
consistent with Regulation NMS. This proposed rule change is similar to 
NASDAQ Rule 4758(a)(1)(A)(vi) (NASDAQ's ``MOPP'' strategy) and BATS 
Exchange, Inc. Rule 11.13(a)(3)(D) (``Parallel T'').\4\
---------------------------------------------------------------------------

    \4\ See, e.g., NASDAQ Rule 4758, BATS Rule 11.13(a)(3)(D).
---------------------------------------------------------------------------

    As a result of the insertion of the SWPC routing strategy into Rule 
11.9(b)(3)(r), the Exchange also proposes to move the existing 
descriptions of IOCM and ICMT from Rules 11.9(b)(3)(c)(q)-(r) into 
Rules 11.9(b)(3)(c)(r)-(s), respectively.
    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,\5\ 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.
---------------------------------------------------------------------------

    \5\ 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 \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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. 
EDGA has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may 
not become operative prior to 30 days after the date of filing.\8\ 
However, Rule 19b-4(f)(6) \9\ permits the Commission to designate a 
shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has requested that the 
Commission waive the 30-day operative delay so that the proposal may 
become operative upon filing, as the Exchange would like to make the 
additional strategies available on or about May 23, 2011. 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.\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ Id.
    \10\ 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.

[[Page 28491]]

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-2011-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-EDGA-2011-16. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room on official business 
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also 
will be available for inspection and copying at the principal office of 
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-2011-16 and should be submitted on or before June 7, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-11973 Filed 5-16-11; 8:45 am]
BILLING CODE 8011-01-P

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