Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of Proposed Rule Change Relating to Complex Orders, 31385-31387 [2011-13315]
Download as PDF
Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Notices
The Exchange is also proposing to
make other technical amendments to the
Fee Schedule to renumber Sections VIII
through XI to account for the
elimination of the Market Access
Provider Subsidy section. The Exchange
is proposing to eliminate the MAP
Subsidy, and not offer any such subsidy
as of June 1, 2011.
b. Statutory Basis
The [sic] believes that its proposal to
amend its Fee Schedule is consistent
with Section 6(b) of the Act 9 in general,
and furthers the objectives of Section
6(b)(4) of the Act 10 in particular, in that
it is an equitable allocation of
reasonable fees and other charges among
Exchange members.
The MAP Subsidy was designed to
allow MAPs to offer their customers a
customized interface and provide those
customers support for such an interface.
The Exchange pays a MAP Subsidy to
incentivize MAPs to bring order flow to
the Exchange. The Exchange believes
that eliminating the MAP Subsidy is
reasonable because the Exchange no
longer desires to incentivize member
organizations by offering such a
subsidy. The Exchange also believes the
proposal is equitable because it would
no longer offer such a MAP Subsidy to
any market participant.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
mstockstill on DSK4VPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.11 At any time
within 60 days of the filing of the
proposed rule change, the Commission
average contracts per month, calculated for the 3month period immediately preceding the Eligible
MAP entering into the agreement with Phlx, that
resulted from the execution on the Phlx of equity
option orders (other than crosses) routed to Phlx
electronically by such Eligible MAP. Contracts that
are executed electronically as part of a Complex
Order are not included in the calculation of
Baseline Order Flow.
9 15 U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(4).
11 15 U.S.C. 78s(b)(3)(A)(ii).
VerDate Mar<15>2010
17:27 May 27, 2011
Jkt 223001
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
31385
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx–
2011–68 and should be submitted on or
before June 21, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Cathy H. Ahn,
Deputy Secretary.
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:
[FR Doc. 2011–13375 Filed 5–27–11; 8:45 am]
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Phlx–2011–68 on the
subject line.
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing of Proposed Rule
Change Relating to Complex Orders
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64538; File No. SR–ISE–
2011–30)
May 24, 2011.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
Paper Comments
notice is hereby given that on May 23,
2011, the International Securities
• Send paper comments in triplicate
Exchange, LLC (the ‘‘Exchange’’ or the
to Elizabeth M. Murphy, Secretary,
‘‘ISE’’) filed with the Securities and
Securities and Exchange Commission,
Exchange Commission (‘‘Commission’’)
100 F Street, NE., Washington, DC
the proposed rule change as described
20549–1090.
in Items I and II below, which items
All submissions should refer to File
have been prepared by the Exchange.
Number SR–Phlx–2011–68. This file
The Commission is publishing this
number should be included on the
subject line if e-mail is used. To help the notice to solicit comments on the
proposed rule change from interested
Commission process and review your
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
Internet Web site (https://www.sec.gov/
the Proposed Rule Change
rules/sro.shtml). Copies of the
The Exchange proposes to specify in
submission, all subsequent
its rules that complex orders may be
amendments, all written statements
entered into the Price Improvement
with respect to the proposed rule
Mechanism for options classes traded
change that are filed with the
on its Optimise platform. The text of the
Commission, and all written
proposed rule change is available on the
communications relating to the
Exchange’s Web site https://
proposed rule change between the
www.ise.com, at the principal office of
Commission and any person, other than the Exchange, at the Commission’s
those that may be withheld from the
Public Reference Room, and on the
public in accordance with the
Commission’s Web site at https://
provisions of 5 U.S.C. 552, will be
www.sec.gov.
available for Web site viewing and
II. Self-Regulatory Organization’s
printing in the Commission’s Public
Statement of the Purpose of, and
Reference Room, 100 F Street, NE.,
Statutory Basis for, the Proposed Rule
Washington, DC 20549, on official
Change
business days between the hours of
10 a.m. and 3 p.m. Copies of the filing
In its filing with the Commission, the
also will be available for inspection and Exchange included statements
copying at the principal office of the
concerning the purpose of, and basis for,
Exchange. All comments received will
be posted without change; the
12 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
Commission does not edit personal
2 17 CFR 240.19b–4.
identifying information from
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
E:\FR\FM\31MYN1.SGM
31MYN1
31386
Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Notices
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
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
The Exchange has developed an
enhanced technology trading platform
(the ‘‘Optimise platform’’). To assure a
smooth transition, the Exchange is in
the process of migrating option classes
from its current trading system to the
Optimise platform.3 The Optimise
platform offers members the same
trading functionality as the current
trading system with some
enhancements, several of which were
previously added to the ISE’s rules.4
The purpose of this rule filing is to
specify in the Exchange’s rules that
complex orders may be entered into the
Price Improvement Mechanism for
options classes traded on the Optimise
platform.
The Exchange’s Facilitation
Mechanism has been available for the
execution of complex orders since
2005 5 and the Solicited Order
Mechanism has been available for the
execution of complex orders since
2006.6 Both of the mechanisms expose
orders to all exchange members for one
second to provide an opportunity for
price improvement. Supplementary
Material .08 to Rule 716 specifies that
members may use the Facilitation
Mechanism and the Solicited Order
Mechanism to execute complex orders
at a net price. The complex orders are
processed in the mechanisms at the net
price in the same manner as singlelegged orders. With respect to the bids
and offers for the individual legs of a
complex order entered into the
mechanisms, the priority rules for
complex orders contained in Rule
3 Options classes are being transferred from the
current trading platform to the Optimise trading
platform. The same options cannot trade on both
systems at the same time.
4 See Securities Exchange Act Release No. 63117
(October 15, 2010), 75 FR 65042 (October 21, 2010)
(SR–ISE–2010–101); and Securities Exchange Act
Release No. 64275 (April 8, 2011), 76 FR 21087
(April 14, 2011) (File No. SR–ISE–2011–24).
5 Securities Exchange Act Release No. 52327
(August 24, 2005), 70 FR 51854 (August 31, 2005)
(File No. SR–ISE–2004–33).
6 Securities Exchange Act Release No. 53729
(April 26, 2006), 71 FR 26154 (May 3,
2006) (File No. SR–ISE–2006–14).
VerDate Mar<15>2010
17:27 May 27, 2011
Jkt 223001
722(b)(2) continue to apply. If an
improved net price for the complex
order being executed can be achieved
from bids and offers for the individual
legs of the complex order in the
Exchange’s auction market, the order
being executed will receive an
execution at the better net price.
The Price Improvement Mechanism
works in the same basic manner as the
Facilitation Mechanism and the
Solicited Order Mechanism, exposing
orders to all members for one second to
provide an opportunity for price
improvement. The Exchange proposes
to make the Price Improvement
Mechanism available for the execution
of complex orders on the Optimise
platform by adding Supplementary
Material .10 to Rule 723. Proposed
Supplementary Material .10 to Rule 723
specifies that members may use the
Price Improvement Mechanism to
execute complex orders at a net price.
The complex orders are processed in the
mechanisms at the net price in the same
manner as single-legged orders. With
respect to the bids and offers for the
individual legs of a complex order
entered into the mechanisms, the
priority rules for complex orders
contained in Rule 722(b)(2) continue to
apply. If an improved net price for the
complex order being executed can be
achieved from bids and offers for the
individual legs of the complex order in
the Exchange’s auction market, the
order being executed will receive an
execution at the better net price.7
Rule 723(b)(1) requires that orders
entered into the Price Improvement
Mechanism be entered at a price that is
better than the ISE best bid or offer and
equal to or better than the national best
bid or offer, and Supplementary
Material .08 to Rule 723 provides an
exception to this requirement. Proposed
Supplementary Material .10 to Rule 723
specifies that Complex orders must be
entered at a price that is better than the
best net price (i) available on the
complex order book; and (ii) achievable
from the best ISE bids and offers for the
individual legs (an ‘‘improved net
price’’). It also specifies that
Supplementary Material .08 is not
applicable to the entry of complex
orders; complex orders will be rejected
unless they are entered at an improved
net price. Proposed Supplementary
Material .10 further specifies that all
references to the national best bid and
offer in Rule 723 and the
Supplementary Material thereto are
7 The Exchange provides the Commission with
monthly statistics related to PIM order execution.
These statistics will include Complex Orders
executed through the PIM.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
inapplicable. Finally, Rule 723(c)(5)
specifies that the exposure period will
automatically terminate upon the
receipt of certain orders. Proposed
Supplementary Material .10 specifies
that the provisions of Rule 723(c)(5)
shall apply with respect to the receipt
of complex orders during the exposure
period, and not to the receipt of orders
for the individual legs of the complex
order. Accordingly, the exposure period
will not automatically terminate due to
the receipt of orders for the individual
legs of the complex order during the
exposure period. As mentioned
previously, if at the end of the exposure
period an improved net price for the
complex order can be achieved from
bids and offers for the individual legs of
the complex order, the order will be
executed against such bids and offers.
2. Statutory Basis
The basis under the Act for this
proposed rule change is found in
Section 6(b)(5),8 in that the proposed
change will serve to remove
impediments to and perfect the
mechanisms of a free and open market
and a national market system and, in
general, to protect investors and the
public interest. The proposed rule
change will make an existing service
available to an additional order type. By
making the Price Improvement
Mechanism available for complex
orders, members will be given an
additional way in which they can seek
price improvement for their customers
when executing complex orders on the
Exchange. Moreover, the Proposal
assures that the existing priority rules
applicable to the execution of complex
orders is maintained and automatically
enforced by the system.
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.
8 15
U.S.C. 78f(b)(5).
E:\FR\FM\31MYN1.SGM
31MYN1
Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Notices
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
up to 90 days (i) as the Commission may
designate 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
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
mstockstill on DSK4VPTVN1PROD with NOTICES
• 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–ISE–2011–30 on the subject
line.
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–ISE–
2011–30 and should be submitted on or
before June 21, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–13315 Filed 5–27–11; 8:45 am]
BILLING CODE 8011–01–P
17:27 May 27, 2011
Jkt 223001
Primary Counties (Physical Damage and
Economic Injury Loans): Boyd,
Crittenden, Graves, Hardin, Hickman,
Jefferson, Livingston, Marshall,
McCracken, Union, Webster.
Contiguous Counties (Economic Injury
Loans Only):
Kentucky: Ballard, Breckinridge,
Bullitt, Caldwell, Calloway,
Carlisle, Carter, Fulton, Grayson,
Greenup, Hart, Henderson,
Hopkins, Larue, Lawrence, Lyon,
McLean, Meade, Nelson, Oldham,
Shelby, Spencer, Trigg.
Illinois: Gallatin, Hardin, Massac,
Pope, Pulaski.
Indiana: Clark, Floyd, Harrison,
Posey.
Missouri: Mississippi.
Ohio: Lawrence.
Tennessee: Henry, Obion, Weakley.
West Virginia: Wayne.
The Interest Rates are:
SMALL BUSINESS ADMINISTRATION
Percent
[Disaster Declaration #12599 and #12600]
Kentucky Disaster # KY–00040
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
This is a Notice of the
Presidential declaration of a major
disaster for the Commonwealth of
Kentucky (FEMA–1976–DR), dated 05/
19/2011.
Paper Comments
Incident: Severe storms, tornadoes,
• Send paper comments in triplicate
and flooding.
to Elizabeth M. Murphy, Secretary,
Incident Period: 04/22/2011 and
Securities and Exchange Commission,
continuing.
100 F Street, NE., Washington, DC
Effective Date: 05/19/2011.
20549–1090.
Physical Loan Application Deadline
All submissions should refer to File
Date: 07/18/2011.
Number SR–ISE–2011–30. This file
Economic Injury (EIDL) Loan
number should be included on the
Application Deadline Date: 02/21/2012.
subject line if e-mail is used. To help the
ADDRESSES: Submit completed loan
Commission process and review your
applications to: U.S. Small Business
comments more efficiently, please use
Administration, Processing and
only one method. The Commission will
Disbursement Center, 14925 Kingsport
post all comments on the Commission’s
Road, Fort Worth, TX 76155.
Internet Web site (https://www.sec.gov/
FOR FURTHER INFORMATION CONTACT: A
rules/sro.shtml). Copies of the
Escobar, Office of Disaster Assistance,
submission, all subsequent
U.S. Small Business Administration,
amendments, all written statements
409 3rd Street, SW., Suite 6050,
with respect to the proposed rule
Washington, DC 20416.
change that are filed with the
Commission, and all written
SUPPLEMENTARY INFORMATION: Notice is
communications relating to the
hereby given that as a result of the
proposed rule change between the
President’s major disaster declaration on
Commission and any person, other than 05/19/2011, applications for disaster
those that may be withheld from the
loans may be filed at the address listed
public in accordance with the
above or other locally announced
provisions of 5 U.S.C. 552, will be
locations.
available for Web site viewing and
The following areas have been
printing in the Commission’s Public
determined to be adversely affected by
Reference Room, 100 F Street, NE.,
the disaster:
Washington, DC 20549, on official
9 17 CFR 200.30–3(a)(12).
business days between the hours of 10
VerDate Mar<15>2010
31387
SUMMARY:
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
For Physical Damage:
Homeowners With Credit
Available Elsewhere ..........
Homeowners Without Credit
Available Elsewhere ..........
Businesses With Credit Available Elsewhere ..................
Businesses Without Credit
Available Elsewhere ..........
Non-Profit Organizations With
Credit Available Elsewhere
Non-Profit
Organizations
Without Credit Available
Elsewhere ..........................
For Economic Injury:
Businesses & Small Agricultural Cooperatives Without
Credit Available Elsewhere
Non-Profit
Organizations
Without Credit Available
Elsewhere ..........................
5.375
2.688
6.000
4.000
3.250
3.000
4.000
3.000
The number assigned to this disaster
for physical damage is 12599B and for
economic injury is 126000.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2011–13308 Filed 5–27–11; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #12576 and #12577]
Missouri Disaster Number MO–00048
U.S. Small Business
Administration.
ACTION: Amendment 2.
AGENCY:
This is an amendment of the
Presidential declaration of a major
SUMMARY:
E:\FR\FM\31MYN1.SGM
31MYN1
Agencies
[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Pages 31385-31387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13315]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64538; File No. SR-ISE-2011-30)
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Relating to Complex
Orders
May 24, 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 23, 2011, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to specify in its rules that complex orders
may be entered into the Price Improvement Mechanism for options classes
traded on its Optimise platform. The text of the proposed rule change
is available on the Exchange's Web site https://www.ise.com, at the
principal office of the Exchange, at the Commission's Public Reference
Room, and on the Commission's Web site at https://www.sec.gov.
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,
[[Page 31386]]
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 has developed an enhanced technology trading platform
(the ``Optimise platform''). To assure a smooth transition, the
Exchange is in the process of migrating option classes from its current
trading system to the Optimise platform.\3\ The Optimise platform
offers members the same trading functionality as the current trading
system with some enhancements, several of which were previously added
to the ISE's rules.\4\ The purpose of this rule filing is to specify in
the Exchange's rules that complex orders may be entered into the Price
Improvement Mechanism for options classes traded on the Optimise
platform.
---------------------------------------------------------------------------
\3\ Options classes are being transferred from the current
trading platform to the Optimise trading platform. The same options
cannot trade on both systems at the same time.
\4\ See Securities Exchange Act Release No. 63117 (October 15,
2010), 75 FR 65042 (October 21, 2010) (SR-ISE-2010-101); and
Securities Exchange Act Release No. 64275 (April 8, 2011), 76 FR
21087 (April 14, 2011) (File No. SR-ISE-2011-24).
---------------------------------------------------------------------------
The Exchange's Facilitation Mechanism has been available for the
execution of complex orders since 2005 \5\ and the Solicited Order
Mechanism has been available for the execution of complex orders since
2006.\6\ Both of the mechanisms expose orders to all exchange members
for one second to provide an opportunity for price improvement.
Supplementary Material .08 to Rule 716 specifies that members may use
the Facilitation Mechanism and the Solicited Order Mechanism to execute
complex orders at a net price. The complex orders are processed in the
mechanisms at the net price in the same manner as single-legged orders.
With respect to the bids and offers for the individual legs of a
complex order entered into the mechanisms, the priority rules for
complex orders contained in Rule 722(b)(2) continue to apply. If an
improved net price for the complex order being executed can be achieved
from bids and offers for the individual legs of the complex order in
the Exchange's auction market, the order being executed will receive an
execution at the better net price.
---------------------------------------------------------------------------
\5\ Securities Exchange Act Release No. 52327 (August 24, 2005),
70 FR 51854 (August 31, 2005) (File No. SR-ISE-2004-33).
\6\ Securities Exchange Act Release No. 53729 (April 26, 2006),
71 FR 26154 (May 3,
2006) (File No. SR-ISE-2006-14).
---------------------------------------------------------------------------
The Price Improvement Mechanism works in the same basic manner as
the Facilitation Mechanism and the Solicited Order Mechanism, exposing
orders to all members for one second to provide an opportunity for
price improvement. The Exchange proposes to make the Price Improvement
Mechanism available for the execution of complex orders on the Optimise
platform by adding Supplementary Material .10 to Rule 723. Proposed
Supplementary Material .10 to Rule 723 specifies that members may use
the Price Improvement Mechanism to execute complex orders at a net
price. The complex orders are processed in the mechanisms at the net
price in the same manner as single-legged orders. With respect to the
bids and offers for the individual legs of a complex order entered into
the mechanisms, the priority rules for complex orders contained in Rule
722(b)(2) continue to apply. If an improved net price for the complex
order being executed can be achieved from bids and offers for the
individual legs of the complex order in the Exchange's auction market,
the order being executed will receive an execution at the better net
price.\7\
---------------------------------------------------------------------------
\7\ The Exchange provides the Commission with monthly statistics
related to PIM order execution. These statistics will include
Complex Orders executed through the PIM.
---------------------------------------------------------------------------
Rule 723(b)(1) requires that orders entered into the Price
Improvement Mechanism be entered at a price that is better than the ISE
best bid or offer and equal to or better than the national best bid or
offer, and Supplementary Material .08 to Rule 723 provides an exception
to this requirement. Proposed Supplementary Material .10 to Rule 723
specifies that Complex orders must be entered at a price that is better
than the best net price (i) available on the complex order book; and
(ii) achievable from the best ISE bids and offers for the individual
legs (an ``improved net price''). It also specifies that Supplementary
Material .08 is not applicable to the entry of complex orders; complex
orders will be rejected unless they are entered at an improved net
price. Proposed Supplementary Material .10 further specifies that all
references to the national best bid and offer in Rule 723 and the
Supplementary Material thereto are inapplicable. Finally, Rule
723(c)(5) specifies that the exposure period will automatically
terminate upon the receipt of certain orders. Proposed Supplementary
Material .10 specifies that the provisions of Rule 723(c)(5) shall
apply with respect to the receipt of complex orders during the exposure
period, and not to the receipt of orders for the individual legs of the
complex order. Accordingly, the exposure period will not automatically
terminate due to the receipt of orders for the individual legs of the
complex order during the exposure period. As mentioned previously, if
at the end of the exposure period an improved net price for the complex
order can be achieved from bids and offers for the individual legs of
the complex order, the order will be executed against such bids and
offers.
2. Statutory Basis
The basis under the Act for this proposed rule change is found in
Section 6(b)(5),\8\ in that the proposed change will serve to remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest. The proposed rule change will make an existing service
available to an additional order type. By making the Price Improvement
Mechanism available for complex orders, members will be given an
additional way in which they can seek price improvement for their
customers when executing complex orders on the Exchange. Moreover, the
Proposal assures that the existing priority rules applicable to the
execution of complex orders is maintained and automatically enforced by
the system.
---------------------------------------------------------------------------
\8\ 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.
[[Page 31387]]
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 up to 90 days (i) as the
Commission may designate 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
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-ISE-2011-30 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-ISE-2011-30. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2011-30 and should be
submitted on or before June 21, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-13315 Filed 5-27-11; 8:45 am]
BILLING CODE 8011-01-P