Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Order Approving a Proposed Rule Change To Amend BYX Rule 11.9, Entitled “Orders and Modifiers” and BYX Rule 11.13, Entitled “Order Execution”, 38714-38715 [2011-16550]
Download as PDF
38714
Federal Register / Vol. 76, No. 127 / Friday, July 1, 2011 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64753; File No. SR–BYX–
2011–009]
Self-Regulatory Organizations; BATS
Y-Exchange, Inc.; Order Approving a
Proposed Rule Change To Amend BYX
Rule 11.9, Entitled ‘‘Orders and
Modifiers’’ and BYX Rule 11.13,
Entitled ‘‘Order Execution’’
June 27, 2011.
I. Introduction
On May 9, 2011, BATS Y-Exchange,
Inc.. (The ‘‘Exchange’’ or ‘‘BYX’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to amend BYX Rule 11.9,
entitled ‘‘Orders and Modifiers’’ and
BYX Rule 11.13, entitled ‘‘Order
Execution.’’ The proposed rule change
was published for comment in the
Federal Register on May 18, 2011.3 The
Commission received no comment
letters on the proposed rule change.
This order approves the proposed rule
change.
II. Description
First, the Exchange proposes to
change its order handling procedures to
allow both Non-Displayed Orders 4 and
orders subject to price sliding that are
not executable at their most aggressive
price to be executed in the manner and
under the circumstances described
below.5 Second, the Exchange proposes
to modify the Exchange’s rules to make
clear that an order subject to ‘‘NMS
price sliding’’ 6 can be ranked at the
same price as an order displayed on the
other side of the BATS Book,7 although
temporarily not executable at that price
and displayed at one minimum price
variation less aggressive than its price.
The Exchange’s first proposed change
noted above, amending BYX Rules 11.9
mstockstill on DSK4VPTVN1PROD with NOTICES6
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 64476
(May 12, 2011); 76 FR 28826 (‘‘Notice’’).
4 BYX Rule 11.9(c)(11) defines a Non-Displayed
Order as ‘‘a market or limit order that is not
displayed on the Exchange.’’
5 The reference to the most ‘‘aggressive’’ price
means for bids the highest price the User is willing
to pay, and for offers the lowest price at which the
User is willing to sell.
6 For bids, this means that a price slid order is
displayed at one minimum price variation less than
the current national best offer (‘‘NBO’’), and for
offers, this means that a price slid order is
displayed at one minimum price variation more
than the current national best bid (‘‘NBB’’). See
BYX Rule 11.9(g)(1).
7 As defined in BYX Rule 1.5(e), the BATS Book
is ‘‘the System’s electronic file of orders.’’
VerDate Mar<15>2010
18:54 Jun 30, 2011
Jkt 223001
and 11.13, is intended to address two
specific scenarios that currently exist on
the Exchange: (1) Non-Displayed Orders
posted opposite same-priced displayed
orders and (2) orders subject to price
sliding under BYX Rule 11.9(g) that are
ranked at a price equal to an oppositeside displayed order (collectively
‘‘Resting Orders’’).8 These two scenarios
can occur when an order on either side
of the market is a BATS Post Only
Order.9 Consistent with the Exchange’s
current rule regarding priority of orders,
BYX Rule 11.12, these Resting Orders
cannot be executed by the Exchange
pursuant to BYX Rule 11.13 when such
orders would be executed at prices
equal to displayed orders on the
opposite side of the market (the
‘‘locking price’’) because if the incoming
orders were allowed to execute against
such Resting Orders at the locking price,
such incoming orders would receive a
priority advantage over the prior,
displayed order at the locking price.10
The Exchange proposes to provide for
the execution of these Resting Orders
under certain circumstances. For bids or
offers equal to or greater than $1.00 per
share, in the event that an order
submitted to the Exchange on the side
opposite such Resting Order is a market
order or a limit order priced more
aggressively than the locking price, the
Exchange proposes to amend BYX Rule
11.13 to provide for the execution of the
Resting Order at, in the case of a Resting
Order bid, one-half minimum price
variation less than the locking price,
and, in the case of a Resting Order offer,
at one-half minimum price variation
more than the locking price.11 The
Exchange also proposes adding
Interpretation and Policy .01 to BYX
Rule 11.13 to state that the Exchange
will consider it inconsistent with just
and equitable principles of trade to
engage in a pattern or practice of using
Non-Displayed Orders or orders subject
to price sliding solely for the purpose of
executing such orders at one-half
minimum price variation from the
locking price.12 Evidence of such
8 See
Notice, supra note 3.
id. As defined in BYX Rule 11.9(c)(6), a
BATS Post Only Order is ‘‘[a]n order that is to be
ranked and executed on the Exchange pursuant to
Rule 11.12 and Rule 11.13(a)(1) or cancelled, as
appropriate, without routing away to another
trading center except that the order will not remove
liquidity from the BATS Book.’’ Accordingly, a
BATS Post Only Order does not remove liquidity,
but posts to the BATS Book to the extent
permissible.
10 See id.
11 See proposed changes to BYX Rule 11.13(a)(1).
For bids or offers under $1.00 per share, Resting
Orders priced at the locking price will not be
executed by the Exchange. Id.
12 See proposed Interpretation and Policy .01 to
BYX Rule 11.13.
9 See
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
behavior may include, but is not limited
to, a User’s pattern of entering orders at
a price that would lock or be ranked at
the price of a displayed quotation and
cancelling orders when they no longer
lock the displayed quotation.13 The
Exchange has also stated that it will
conduct surveillance to ensure that
users are not intentionally seeking to
create an internally locked book for the
purpose of obtaining an execution at a
one-half minimum price variation.14
The Exchange notes that its proposal
to modify its handling of Resting Orders
is intended to address specific
conditions that are a current, natural
consequence of the Exchange’s order
handling procedures because such
orders are priced at the very inside of
the market but are temporarily unexecutable at their full limit price due
to the Exchange’s priority rule and order
handling procedures.15 The Exchange
believes the proposed change will
provide incoming orders with the
benefit of price improvement against
such aggressively priced Resting
Orders.16 The Exchange believes this
will optimize available liquidity for
incoming orders and provide price
improvement for market participants at
times when such participants are not
receiving executions from the Exchange
or are receiving less price improvement
than is currently available.17
The Exchange’s second proposed
change is to clarify, by amending BYX
Rule 11.9, that an order subject to NMS
price sliding can be ranked at the same
price as an order displayed on the other
side of the BATS Book.
III. Discussion and Commission’s
Findings
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of
Section 6 of the Act 18 and the rules and
regulations thereunder applicable to a
national securities exchange.19 In
13 See
id.
Notice, supra note 3.
15 See id. The Exchange further notes that by
permitting a Member’s Non-Displayed Order to rest
at a locking price on the other side of a displayed
order, the Exchange is incenting Members to post
aggressively priced liquidity, rather than
discouraging such liquidity by leaving it
unexecuted. Id.
16 See id. In addition, if the BATS Book changes
so that such orders are no longer resting or ranked
opposite a displayed order, then such orders will
again be executable at their full limit price, and in
the case of price slid orders, will be displayed at
that price. Id.
17 See id.
18 15 U.S.C. 78f.
19 In approving this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
14 See
E:\FR\FM\01JYN1.SGM
01JYN1
Federal Register / Vol. 76, No. 127 / Friday, July 1, 2011 / Notices
particular, the Commission finds that
the proposal is consistent with Section
6(b)(5) of the Act,20 which requires,
among other things, that the Exchange’s
rules be designed to prevent fraudulent
and manipulative acts and practices, 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.
Additionally, the Commission finds that
the proposal is consistent with Rules
610(d) 21and 612 22 of Regulation NMS.
The Commission believes that the
proposed order handling rule change
providing for the execution, under
certain circumstances, of certain NonDisplayed Orders and orders subject to
price sliding that are not executable at
their most aggressive prices should
serve to enhance the quality of
execution on the Exchange by
facilitating executions that would not
occur pursuant to the Exchange’s
current order handling process. In
addition to facilitating executions that
currently would not take place, the
proposed rule change will offer price
improvement to the orders executed
under the new order handling process.
The Commission believes that the new
order handling process should benefit
market participants by, among other
things, providing greater opportunities
for buy and sell orders to interact with
each other and potentially reducing
certain trading costs for market
participants. The Commission further
believes that any potential abuses are
mitigated by the Exchange’s addition of
Interpretation and Policy .01 to BYX
Rule 11.13 and its commitment to
monitor relevant trading on its market.
Additionally, the Commission believes
that this proposed order handling
process is consistent with Rule 612 of
Regulation NMS because any executions
in an increment smaller than $0.01 are
the result of bids, offers or orders that
are priced in increments at least equal
to $0.01.23 With regard to the proposed
rule change clarifying that an order
20 15
U.S.C. 78f(b)(5).
Rule 610(d) of Regulation NMS requires
policies and procedures to avoid the display of
quotations that lock or cross protected quotations.
17 CFR 242.610(d).
22 SEC Rule 612 of Regulation NMS states that no
national securities exchange, national securities
association, alternative trading system, vendor, or
broker or dealer shall display, rank, or accept from
any person a bid or offer, an order, or an indication
of interest in any NMS stock priced in an increment
smaller than $0.01 if that bid or offer, order, or
indication of interest is priced equal to or greater
than $1.00 per share. 17 CFR 242.612.
23 See Rule 612 of Regulation NMS. 17 CFR
242.612.
mstockstill on DSK4VPTVN1PROD with NOTICES6
21 SEC
VerDate Mar<15>2010
18:54 Jun 30, 2011
Jkt 223001
subject to NMS price sliding pursuant to
BYX Rule 11.9 can be ranked at the
same price as an order displayed on the
other side of the BATS Book, the
Commission believes that such
clarification is consistent with Rule
610(d) of Regulation NMS because the
proposed rule change would not result
in the display of a locking quotation.24
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,25 that the
proposed rule change (SR–BYX–2011–
009) be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.26
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–16550 Filed 6–30–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64744; File No. SR–
NASDAQ–2011–086]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
7034 Regarding Co-Location Fees for
Additional Power and Cable Options
June 24, 2011.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on June 23,
2011, The NASDAQ Stock Market LLC
(‘‘NASDAQ’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend
Rule 7034 regarding co-location fees for
additional power and cable options. The
text of the proposed rule change is
available at https://nasdaq.
cchwallstreet.com/, at the Exchange’s
24 See Rule 610(d) of Regulation NMS. 17 CFR
242.610(d).
25 15 U.S.C. 78s(b)(2).
26 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
38715
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
Exchange 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 proposes to amend
Rule 7034 regarding co-location fees for
additional power and cable options. The
Exchange proposes to offer a new choice
of a pair of power receptacles (60 amps
208 volts), which would provide enough
power for a high density cabinet. The
proposed fee for installation of the pair
of the 60-amp 208-volt power
receptacles is $3,000. There are ten
other power choices already available
and this new receptacle choice is being
offered as more clients are requesting
higher power density cabinets.
Additionally, the Exchange proposes to
offer a new choice of patch cable,
twinaxial (otherwise known as
‘‘Twinax’’) cables, in lengths of one
meter to five meters. The proposed fee
for the Twinax cables is $34 + $10 per
meter. The Exchange is making the
Twinax cables available as a
convenience to customers, and notes
that use of Exchange-provided patch
cords is completely voluntary, and that
such patch cords may be freely obtained
from other vendors for use by customers
in the datacenter.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,3
in general, and with Section 6(b)(4) of
the Act,4 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
3 15
4 15
E:\FR\FM\01JYN1.SGM
U.S.C. 78f.
U.S.C. 78f(b)(4).
01JYN1
Agencies
[Federal Register Volume 76, Number 127 (Friday, July 1, 2011)]
[Notices]
[Pages 38714-38715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16550]
[[Page 38714]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64753; File No. SR-BYX-2011-009]
Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Order
Approving a Proposed Rule Change To Amend BYX Rule 11.9, Entitled
``Orders and Modifiers'' and BYX Rule 11.13, Entitled ``Order
Execution''
June 27, 2011.
I. Introduction
On May 9, 2011, BATS Y-Exchange, Inc.. (The ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend BYX Rule 11.9, entitled ``Orders and
Modifiers'' and BYX Rule 11.13, entitled ``Order Execution.'' The
proposed rule change was published for comment in the Federal Register
on May 18, 2011.\3\ The Commission received no comment letters on the
proposed rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 64476 (May 12,
2011); 76 FR 28826 (``Notice'').
---------------------------------------------------------------------------
II. Description
First, the Exchange proposes to change its order handling
procedures to allow both Non-Displayed Orders \4\ and orders subject to
price sliding that are not executable at their most aggressive price to
be executed in the manner and under the circumstances described
below.\5\ Second, the Exchange proposes to modify the Exchange's rules
to make clear that an order subject to ``NMS price sliding'' \6\ can be
ranked at the same price as an order displayed on the other side of the
BATS Book,\7\ although temporarily not executable at that price and
displayed at one minimum price variation less aggressive than its
price.
---------------------------------------------------------------------------
\4\ BYX Rule 11.9(c)(11) defines a Non-Displayed Order as ``a
market or limit order that is not displayed on the Exchange.''
\5\ The reference to the most ``aggressive'' price means for
bids the highest price the User is willing to pay, and for offers
the lowest price at which the User is willing to sell.
\6\ For bids, this means that a price slid order is displayed at
one minimum price variation less than the current national best
offer (``NBO''), and for offers, this means that a price slid order
is displayed at one minimum price variation more than the current
national best bid (``NBB''). See BYX Rule 11.9(g)(1).
\7\ As defined in BYX Rule 1.5(e), the BATS Book is ``the
System's electronic file of orders.''
---------------------------------------------------------------------------
The Exchange's first proposed change noted above, amending BYX
Rules 11.9 and 11.13, is intended to address two specific scenarios
that currently exist on the Exchange: (1) Non-Displayed Orders posted
opposite same-priced displayed orders and (2) orders subject to price
sliding under BYX Rule 11.9(g) that are ranked at a price equal to an
opposite-side displayed order (collectively ``Resting Orders'').\8\
These two scenarios can occur when an order on either side of the
market is a BATS Post Only Order.\9\ Consistent with the Exchange's
current rule regarding priority of orders, BYX Rule 11.12, these
Resting Orders cannot be executed by the Exchange pursuant to BYX Rule
11.13 when such orders would be executed at prices equal to displayed
orders on the opposite side of the market (the ``locking price'')
because if the incoming orders were allowed to execute against such
Resting Orders at the locking price, such incoming orders would receive
a priority advantage over the prior, displayed order at the locking
price.\10\
---------------------------------------------------------------------------
\8\ See Notice, supra note 3.
\9\ See id. As defined in BYX Rule 11.9(c)(6), a BATS Post Only
Order is ``[a]n order that is to be ranked and executed on the
Exchange pursuant to Rule 11.12 and Rule 11.13(a)(1) or cancelled,
as appropriate, without routing away to another trading center
except that the order will not remove liquidity from the BATS
Book.'' Accordingly, a BATS Post Only Order does not remove
liquidity, but posts to the BATS Book to the extent permissible.
\10\ See id.
---------------------------------------------------------------------------
The Exchange proposes to provide for the execution of these Resting
Orders under certain circumstances. For bids or offers equal to or
greater than $1.00 per share, in the event that an order submitted to
the Exchange on the side opposite such Resting Order is a market order
or a limit order priced more aggressively than the locking price, the
Exchange proposes to amend BYX Rule 11.13 to provide for the execution
of the Resting Order at, in the case of a Resting Order bid, one-half
minimum price variation less than the locking price, and, in the case
of a Resting Order offer, at one-half minimum price variation more than
the locking price.\11\ The Exchange also proposes adding Interpretation
and Policy .01 to BYX Rule 11.13 to state that the Exchange will
consider it inconsistent with just and equitable principles of trade to
engage in a pattern or practice of using Non-Displayed Orders or orders
subject to price sliding solely for the purpose of executing such
orders at one-half minimum price variation from the locking price.\12\
Evidence of such behavior may include, but is not limited to, a User's
pattern of entering orders at a price that would lock or be ranked at
the price of a displayed quotation and cancelling orders when they no
longer lock the displayed quotation.\13\ The Exchange has also stated
that it will conduct surveillance to ensure that users are not
intentionally seeking to create an internally locked book for the
purpose of obtaining an execution at a one-half minimum price
variation.\14\
---------------------------------------------------------------------------
\11\ See proposed changes to BYX Rule 11.13(a)(1). For bids or
offers under $1.00 per share, Resting Orders priced at the locking
price will not be executed by the Exchange. Id.
\12\ See proposed Interpretation and Policy .01 to BYX Rule
11.13.
\13\ See id.
\14\ See Notice, supra note 3.
---------------------------------------------------------------------------
The Exchange notes that its proposal to modify its handling of
Resting Orders is intended to address specific conditions that are a
current, natural consequence of the Exchange's order handling
procedures because such orders are priced at the very inside of the
market but are temporarily un-executable at their full limit price due
to the Exchange's priority rule and order handling procedures.\15\ The
Exchange believes the proposed change will provide incoming orders with
the benefit of price improvement against such aggressively priced
Resting Orders.\16\ The Exchange believes this will optimize available
liquidity for incoming orders and provide price improvement for market
participants at times when such participants are not receiving
executions from the Exchange or are receiving less price improvement
than is currently available.\17\
---------------------------------------------------------------------------
\15\ See id. The Exchange further notes that by permitting a
Member's Non-Displayed Order to rest at a locking price on the other
side of a displayed order, the Exchange is incenting Members to post
aggressively priced liquidity, rather than discouraging such
liquidity by leaving it unexecuted. Id.
\16\ See id. In addition, if the BATS Book changes so that such
orders are no longer resting or ranked opposite a displayed order,
then such orders will again be executable at their full limit price,
and in the case of price slid orders, will be displayed at that
price. Id.
\17\ See id.
---------------------------------------------------------------------------
The Exchange's second proposed change is to clarify, by amending
BYX Rule 11.9, that an order subject to NMS price sliding can be ranked
at the same price as an order displayed on the other side of the BATS
Book.
III. Discussion and Commission's Findings
After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \18\
and the rules and regulations thereunder applicable to a national
securities exchange.\19\ In
[[Page 38715]]
particular, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\20\ which requires, among other things,
that the Exchange's rules be designed to prevent fraudulent and
manipulative acts and practices, 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. Additionally,
the Commission finds that the proposal is consistent with Rules 610(d)
\21\and 612 \22\ of Regulation NMS.
---------------------------------------------------------------------------
\18\ 15 U.S.C. 78f.
\19\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
\20\ 15 U.S.C. 78f(b)(5).
\21\ SEC Rule 610(d) of Regulation NMS requires policies and
procedures to avoid the display of quotations that lock or cross
protected quotations. 17 CFR 242.610(d).
\22\ SEC Rule 612 of Regulation NMS states that no national
securities exchange, national securities association, alternative
trading system, vendor, or broker or dealer shall display, rank, or
accept from any person a bid or offer, an order, or an indication of
interest in any NMS stock priced in an increment smaller than $0.01
if that bid or offer, order, or indication of interest is priced
equal to or greater than $1.00 per share. 17 CFR 242.612.
---------------------------------------------------------------------------
The Commission believes that the proposed order handling rule
change providing for the execution, under certain circumstances, of
certain Non-Displayed Orders and orders subject to price sliding that
are not executable at their most aggressive prices should serve to
enhance the quality of execution on the Exchange by facilitating
executions that would not occur pursuant to the Exchange's current
order handling process. In addition to facilitating executions that
currently would not take place, the proposed rule change will offer
price improvement to the orders executed under the new order handling
process. The Commission believes that the new order handling process
should benefit market participants by, among other things, providing
greater opportunities for buy and sell orders to interact with each
other and potentially reducing certain trading costs for market
participants. The Commission further believes that any potential abuses
are mitigated by the Exchange's addition of Interpretation and Policy
.01 to BYX Rule 11.13 and its commitment to monitor relevant trading on
its market. Additionally, the Commission believes that this proposed
order handling process is consistent with Rule 612 of Regulation NMS
because any executions in an increment smaller than $0.01 are the
result of bids, offers or orders that are priced in increments at least
equal to $0.01.\23\ With regard to the proposed rule change clarifying
that an order subject to NMS price sliding pursuant to BYX Rule 11.9
can be ranked at the same price as an order displayed on the other side
of the BATS Book, the Commission believes that such clarification is
consistent with Rule 610(d) of Regulation NMS because the proposed rule
change would not result in the display of a locking quotation.\24\
---------------------------------------------------------------------------
\23\ See Rule 612 of Regulation NMS. 17 CFR 242.612.
\24\ See Rule 610(d) of Regulation NMS. 17 CFR 242.610(d).
---------------------------------------------------------------------------
IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\25\ that the proposed rule change (SR-BYX-2011-009) be, and hereby
is, approved.
---------------------------------------------------------------------------
\25\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------
\26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-16550 Filed 6-30-11; 8:45 am]
BILLING CODE 8011-01-P