Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Establishing a Revenue Sharing Program With Correlix, Inc. and a Free Trial Period for New Users of the Correlix Service, 31668-31670 [2011-13420]
Download as PDF
31668
Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Notices
Exchange believes the proposed rule
will provide greater transparency into
trade and information processing and
thus allow market participants to make
better-informed and more efficient
trading decisions.
In addition, the Exchange believes
that the proposed rule change is
consistent with the provisions of
Section 6 of the Act,8 in general, and
with Section 6(b)(4) of the Act,9 in
particular, in that it provides for the
equitable allocation of reasonable dues,
fees and other charges among members
and issuers and other persons using any
facility or system that the Exchange
operates or controls. In particular, NYSE
Amex notes that it operates in a highly
competitive market in which market
participants can readily direct orders to
competing venues and that use of the
Correlix RaceTeam product is
completely voluntary. Further, NYSE
Amex makes the RaceTeam product
uniformly available pursuant to a
standard non-discriminatory pricing
schedule offered by Correlix and will
offer the free trial period on a uniform
and non-discriminatory basis.
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 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
No written comments were solicited
or received with respect to the proposed
rule change.
mstockstill on DSK4VPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 10 and Rule
19b–4(f)(6) thereunder.11 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
8 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
10 15 U.S.C. 78s(b)(3)(A)(iii).
11 17 CFR 240.19b–4(f)(6).
9 15
VerDate Mar<15>2010
18:48 May 31, 2011
Jkt 223001
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
The Exchange has requested that the
Commission waive the 30-day operative
delay. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest. The
Commission notes that revenue sharing
programs with Correlix for the provision
of latency information have been
approved previously by the Commission
for other markets.12 Waiver of the 30day operative delay will ensure that the
free period is made available to all
interested parties without delay.
Accordingly, the Commission
designates the proposed rule change
operative upon filing with the
Commission.13
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEAmex-2011–20 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–NYSEAmex-2011–20. This
file number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
12 See Exchange Act Release Nos. 62605 (July 30,
2010), 75 FR 47651 (August 6, 2010) (SR–
NASDAQ–2010–068); 62928 (September 17, 2010),
75 FR 58002 (September 23, 2010) (SR–EDGA–
2010–09); 62929 (September 17, 2010), 75 FR 58003
(September 23, 2010) (SR–EDGX–2010–09).
13 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. 78(c)(f).
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
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 website 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. The text of the proposed rule
change is available on the Commission’s
Web site at https://www.sec.gov. 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–NYSEAmex-2011–20 and
should be submitted on or before June
22, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–13419 Filed 5–31–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64544; File No. SR–
NYSEArca–2011–12]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Establishing a Revenue
Sharing Program With Correlix, Inc.
and a Free Trial Period for New Users
of the Correlix Service
May 25, 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 20,
2011, NYSE Arca, Inc. (the ‘‘Exchange’’
14 17
CFR 200.30–3(a)(12).
U.S.C.78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\01JNN1.SGM
01JNN1
Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Notices
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to establish a
revenue sharing program with Correlix,
Inc. (‘‘Correlix’’) and a free trial period
for new users of the Correlix service.
The text of the proposed rule change is
available at the Exchange, the
Commission’s Public Reference Room
and https://www.nyse.com.
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
self-regulatory organization 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 those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
The Exchange is filing a proposed rule
change to establish a revenue sharing
program with Correlix effective upon
filing with the Commission. The
Exchange has entered into an agreement
with Correlix to provide to users 3 of the
Exchange real-time analytical tools to
measure the latency of orders to and
from the Exchange’s system as well as
the latency of market data updates
transmitted from the Exchange systems
to the user. Under the agreement, the
Exchange will receive 30 percent of the
total monthly subscription fees received
by Correlix from parties who have
contracted directly with Correlix to use
3 For the purposes of this filing, the term ‘‘users’’
includes any ETP Holder or Sponsored Participant
who is authorized to obtain access to the NYSE
Arca Marketplace pursuant to NYSE Arca Equities
Rule 7.29 (see NYSE Arca Equities Rule 1.1(yy)), or
any OTP Holder, OTP Firm or Sponsored
Participant that is authorized to obtain access to OX
pursuant to NYSE Arca Options Rule 6.2A (see
NYSE Arca Options Rule 6.1A(a)(19)).
VerDate Mar<15>2010
18:48 May 31, 2011
Jkt 223001
their RaceTeam latency measurement
service for the Exchange. The Exchange
will not bill or contract with any
Correlix RaceTeam customer directly.
Pricing for the Correlix RaceTeam
product for users of the Exchange will
be based on the number of ports
requested by the user for monitoring by
Correlix; each ‘‘port’’ is a FIX or binary
protocol connection to the Common
Customer Gateway (‘‘CCG’’) of NYSE
Euronext, which provides connectivity
to the national securities exchanges
operated by NYSE Euronext (i.e., NYSE
Arca, New York Stock Exchange LLC
(‘‘NYSE’’), and NYSE Amex LLC (‘‘NYSE
Amex’’)).4 The fee for equities users of
the Exchange will be an initial $2,500
monthly base fee for the first 25 ports
requested by the user for latency
monitoring, and an additional $1,000
per month for each additional 25 ports
(or portion thereof) requested by the
user for latency monitoring. The fee for
options users of the Exchange will be an
initial $1,500 monthly fee for the first 25
ports requested by the user for latency
monitoring, and an additional $750 per
month for each additional 25 ports (or
portion thereof).
Correlix will charge for services based
on the number of ports because of the
CCG technology, which is unique to the
NYSE Euronext exchanges. Specifically,
the use of ports as the basis of charging
will permit order-related messages
transmitted through the CCG to the
various NYSE Euronext markets (e.g.,
NYSE Arca equities vs. NYSE or NYSE
Arca equities vs. NYSE Arca options) to
be differentiated and kept separate. For
these purposes, the combination of port
and user ID provides the mechanism for
users to receive latency data for their
transactions on a particular NYSE
Euronext market. The Correlix
RaceTeam product will include controls
such that users will not be able to obtain
latency information about options
orders through an equities port
connection and vice versa.
Under the program, Correlix will see
an individualized unique NYSE Arca
generated identifier that will allow
Correlix RaceTeam to determine round
trip order time,5 from the time the order
reaches the Exchange extranet, through
the Exchange matching engine, and back
out of the Exchange extranet. The
RaceTeam product offering does not
measure latency outside of the Exchange
extranet. The unique identifier serves as
a technological information barrier so
4 NYSE and NYSE Amex have submitted similar
rule filings. See SR–NYSE–2011–13 and SR–
NYSEAmex–2011–20.
5 The product measures latency of orders whether
the orders are rejected, executed, or partially
executed.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
31669
that the RaceTeam data collector will
only be able to view data for Correlix
RaceTeam subscribing users related to
latency. Correlix will not see
subscriber’s individual order detail such
as security, price or size. Individual
RaceTeam subscribers’ logins will
restrict access to only their own latency
data. Correlix will see no specific
information regarding the trading
activity of non-subscribers. The
Exchange believes that the above
arrangement will provide users of the
Exchange with greater transparency into
the processing of their trading activity
and allow them to make more efficient
trading decisions.
In addition, the Exchange proposes to
establish a flexible 60-day free trial so
parties will be eligible for one free 60day trial period of Correlix services
whenever they initially elect to sign-up
for the service, now or in the future. The
Exchange is proposing the flexible trial
to ensure that all Correlix users have an
equal opportunity to take advantage of
an initial free trial period.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,6 in general, and furthers the
objectives of Section 6(b)(5) of the Act,7
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system and, in general, to protect
investors and the public interest. The
Exchange believes the proposed rule
will provide greater transparency into
trade and information processing and
thus allow market participants to make
better-informed and more efficient
trading decisions.
In addition, the Exchange believes
that the proposed rule change is
consistent with the provisions of
Section 6 of the Act,8 in general, and
with Section 6(b)(4) of the Act,9 in
particular, in that it provides for the
equitable allocation of reasonable dues,
fees and other charges among members
and issuers and other persons using any
facility or system that the Exchange
operates or controls. In particular, NYSE
Arca notes that it operates in a highly
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 15 U.S.C. 78f.
9 15 U.S.C. 78f(b)(4).
7 15
E:\FR\FM\01JNN1.SGM
01JNN1
31670
Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Notices
competitive market in which market
participants can readily direct orders to
competing venues and that use of the
Correlix RaceTeam product is
completely voluntary. Further, NYSE
Arca makes the RaceTeam product
uniformly available pursuant to a
standard non-discriminatory pricing
schedule offered by Correlix and will
offer the free trial period on a uniform
and non-discriminatory basis.
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 that is not
necessary or appropriate in furtherance
of the purposes of the Act.
mstockstill on DSK4VPTVN1PROD with 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
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 10 and Rule
19b–4(f)(6) thereunder.11 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
The Exchange has requested that the
Commission waive the 30-day operative
delay. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest. The
Commission notes that revenue sharing
programs with Correlix for the provision
of latency information have been
approved previously by the Commission
for other markets.12 Waiver of the 30day operative delay will ensure that the
10 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
12 See Exchange Act Release Nos. 62605 (July 30,
2010), 75 FR 47651 (August 6, 2010) (SR–
NASDAQ–2010–068); 62928 (September 17, 2010),
75 FR 58002 (September 23, 2010) (SR–EDGA–
2010–09); 62929 (September 17, 2010), 75 FR 58003
(September 23, 2010) (SR–EDGX–2010–09).
11 17
VerDate Mar<15>2010
18:48 May 31, 2011
Jkt 223001
free period is made available to all
interested parties without delay.
Accordingly, the Commission
designates the proposed rule change
operative upon filing with the
Commission.13
At any time within 60 days of the
filing of such 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
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–NYSEArca–2011–12. 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.,
13 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. 78(c)(f).
Frm 00100
Fmt 4703
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–13420 Filed 5–31–11; 8:45 am]
BILLING CODE 8011–01–P
• 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–2011–12 on the
subject line.
PO 00000
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. The text of the proposed rule
change is available on the Commission’s
Web site at https://www.sec.gov. 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–2011–12 and
should be submitted on or before June
22, 2011.
Sfmt 4703
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #12605 and #12606]
Oklahoma Disaster #OK–00048
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
This is a Notice of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Oklahoma (FEMA–1970–
DR), dated 05/06/2011.
Incident: Severe Storms, Tornadoes,
and Straight-line Winds.
Incident Period: 04/14/2011.
Effective Date: 05/06/2011.
Physical Loan Application Deadline
Date: 07/05/2011.
Economic Injury (EIDL) Loan
Application Deadline Date: 02/06/2012.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
President’s major disaster declaration on
05/06/2011, Private Non-Profit
organizations that provide essential
services of governmental nature may file
disaster loan applications at the address
SUMMARY:
14 17
E:\FR\FM\01JNN1.SGM
CFR 200.30–3(a)(12).
01JNN1
Agencies
[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Notices]
[Pages 31668-31670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13420]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64544; File No. SR-NYSEArca-2011-12]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Establishing a
Revenue Sharing Program With Correlix, Inc. and a Free Trial Period for
New Users of the Correlix Service
May 25, 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 20, 2011, NYSE Arca, Inc. (the ``Exchange''
[[Page 31669]]
or ``NYSE Arca'') filed with the Securities and Exchange Commission
(the ``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 establish a revenue sharing program with
Correlix, Inc. (``Correlix'') and a free trial period for new users of
the Correlix service. The text of the proposed rule change is available
at the Exchange, the Commission's Public Reference Room and https://www.nyse.com.
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 self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange is filing a proposed rule change to establish a
revenue sharing program with Correlix effective upon filing with the
Commission. The Exchange has entered into an agreement with Correlix to
provide to users \3\ of the Exchange real-time analytical tools to
measure the latency of orders to and from the Exchange's system as well
as the latency of market data updates transmitted from the Exchange
systems to the user. Under the agreement, the Exchange will receive 30
percent of the total monthly subscription fees received by Correlix
from parties who have contracted directly with Correlix to use their
RaceTeam latency measurement service for the Exchange. The Exchange
will not bill or contract with any Correlix RaceTeam customer directly.
---------------------------------------------------------------------------
\3\ For the purposes of this filing, the term ``users'' includes
any ETP Holder or Sponsored Participant who is authorized to obtain
access to the NYSE Arca Marketplace pursuant to NYSE Arca Equities
Rule 7.29 (see NYSE Arca Equities Rule 1.1(yy)), or any OTP Holder,
OTP Firm or Sponsored Participant that is authorized to obtain
access to OX pursuant to NYSE Arca Options Rule 6.2A (see NYSE Arca
Options Rule 6.1A(a)(19)).
---------------------------------------------------------------------------
Pricing for the Correlix RaceTeam product for users of the Exchange
will be based on the number of ports requested by the user for
monitoring by Correlix; each ``port'' is a FIX or binary protocol
connection to the Common Customer Gateway (``CCG'') of NYSE Euronext,
which provides connectivity to the national securities exchanges
operated by NYSE Euronext (i.e., NYSE Arca, New York Stock Exchange LLC
(``NYSE''), and NYSE Amex LLC (``NYSE Amex'')).\4\ The fee for equities
users of the Exchange will be an initial $2,500 monthly base fee for
the first 25 ports requested by the user for latency monitoring, and an
additional $1,000 per month for each additional 25 ports (or portion
thereof) requested by the user for latency monitoring. The fee for
options users of the Exchange will be an initial $1,500 monthly fee for
the first 25 ports requested by the user for latency monitoring, and an
additional $750 per month for each additional 25 ports (or portion
thereof).
---------------------------------------------------------------------------
\4\ NYSE and NYSE Amex have submitted similar rule filings. See
SR-NYSE-2011-13 and SR-NYSEAmex-2011-20.
---------------------------------------------------------------------------
Correlix will charge for services based on the number of ports
because of the CCG technology, which is unique to the NYSE Euronext
exchanges. Specifically, the use of ports as the basis of charging will
permit order-related messages transmitted through the CCG to the
various NYSE Euronext markets (e.g., NYSE Arca equities vs. NYSE or
NYSE Arca equities vs. NYSE Arca options) to be differentiated and kept
separate. For these purposes, the combination of port and user ID
provides the mechanism for users to receive latency data for their
transactions on a particular NYSE Euronext market. The Correlix
RaceTeam product will include controls such that users will not be able
to obtain latency information about options orders through an equities
port connection and vice versa.
Under the program, Correlix will see an individualized unique NYSE
Arca generated identifier that will allow Correlix RaceTeam to
determine round trip order time,\5\ from the time the order reaches the
Exchange extranet, through the Exchange matching engine, and back out
of the Exchange extranet. The RaceTeam product offering does not
measure latency outside of the Exchange extranet. The unique identifier
serves as a technological information barrier so that the RaceTeam data
collector will only be able to view data for Correlix RaceTeam
subscribing users related to latency. Correlix will not see
subscriber's individual order detail such as security, price or size.
Individual RaceTeam subscribers' logins will restrict access to only
their own latency data. Correlix will see no specific information
regarding the trading activity of non-subscribers. The Exchange
believes that the above arrangement will provide users of the Exchange
with greater transparency into the processing of their trading activity
and allow them to make more efficient trading decisions.
---------------------------------------------------------------------------
\5\ The product measures latency of orders whether the orders
are rejected, executed, or partially executed.
---------------------------------------------------------------------------
In addition, the Exchange proposes to establish a flexible 60-day
free trial so parties will be eligible for one free 60-day trial period
of Correlix services whenever they initially elect to sign-up for the
service, now or in the future. The Exchange is proposing the flexible
trial to ensure that all Correlix users have an equal opportunity to
take advantage of an initial free trial period.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The Exchange believes the
proposed rule will provide greater transparency into trade and
information processing and thus allow market participants to make
better-informed and more efficient trading decisions.
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\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
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In addition, the Exchange believes that the proposed rule change is
consistent with the provisions of Section 6 of the Act,\8\ in general,
and with Section 6(b)(4) of the Act,\9\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system that the Exchange operates or controls. In
particular, NYSE Arca notes that it operates in a highly
[[Page 31670]]
competitive market in which market participants can readily direct
orders to competing venues and that use of the Correlix RaceTeam
product is completely voluntary. Further, NYSE Arca makes the RaceTeam
product uniformly available pursuant to a standard non-discriminatory
pricing schedule offered by Correlix and will offer the free trial
period on a uniform and non-discriminatory basis.
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\8\ 15 U.S.C. 78f.
\9\ 15 U.S.C. 78f(b)(4).
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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 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
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
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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\10\ 15 U.S.C. 78s(b)(3)(A)(iii).
\11\ 17 CFR 240.19b-4(f)(6).
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The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. The Commission notes that revenue sharing programs
with Correlix for the provision of latency information have been
approved previously by the Commission for other markets.\12\ Waiver of
the 30-day operative delay will ensure that the free period is made
available to all interested parties without delay. Accordingly, the
Commission designates the proposed rule change operative upon filing
with the Commission.\13\
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\12\ See Exchange Act Release Nos. 62605 (July 30, 2010), 75 FR
47651 (August 6, 2010) (SR-NASDAQ-2010-068); 62928 (September 17,
2010), 75 FR 58002 (September 23, 2010) (SR-EDGA-2010-09); 62929
(September 17, 2010), 75 FR 58003 (September 23, 2010) (SR-EDGX-
2010-09).
\13\ 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.
78(c)(f).
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At any time within 60 days of the filing of such 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-NYSEArca-2011-12 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-NYSEArca-2011-12. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. The text of the proposed rule change is available on the
Commission's Web site at https://www.sec.gov. 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-2011-12 and should be submitted
on or before June 22, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-13420 Filed 5-31-11; 8:45 am]
BILLING CODE 8011-01-P