Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Amendment to EDGA Rule 11.9, 44062-44064 [2011-18495]
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44062
Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Notices
general, to protect investors and the
public interest. In this respect, the
Exchange is not proposing any changes
to the fees within its Fee Schedule, but
rather adding definitions for the
Strategy Executions that qualify for the
transaction fee caps. This change will
better inform investors and the public of
the necessary requirements for a
Strategy Execution to qualify for the fee
caps.
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 foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A)(i) 9 of the Act and Rule 19b–
4(f)(1) 10 thereunder, as constituting a
stated interpretation of the meaning,
administration and enforcement of an
existing rule of the Exchange. The
proposed rule change provides
definitions for existing terms in the Fee
Schedule, and the definitions are
consistent with the manner in which the
Exchange interpreted those terms. 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
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:
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEAmex–2011–49 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–2011–49. 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–
NYSEAmex–2011–49 and should be
submitted on or before August 12, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–18493 Filed 7–21–11; 8:45 am]
BILLING CODE 8011–01–P
Electronic Comments
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64903; File No. SR–EDGA–
2011–20]
Self-Regulatory Organizations; EDGA
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of
Amendment to EDGA Rule 11.9
July 18, 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 July 13,
2011, EDGA Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGA’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I 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 amend
Rule 11.9 to make certain changes
consistent with the upcoming
implementation of the adoption of Rule
15c3–5 under the Act (the ‘‘Market
Access Rule’’).3 The text of the proposed
rule change is available on the
Exchange’s Web site at https://
www.directedge.com, at the Exchange’s
principal office, and at the Public
Reference Room of the Commission.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
self-regulatory organization has
prepared summaries, set forth in
Sections A, B and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
Purpose
On November 3, 2010, the
Commission adopted the Market Access
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
1 15
9 15
U.S.C. 78s(b)(3)(A)(i).
10 17 CFR 240.19b–4(f)(1).
VerDate Mar<15>2010
17:59 Jul 21, 2011
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 15c3–5.
2 17
11 17
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CFR 200.30–3(a)(12).
Frm 00082
Fmt 4703
Sfmt 4703
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Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Notices
Rule,4 pursuant to which, among other
things, broker-dealers providing market
access are required to implement certain
pre-order entry checks in order to
manage the financial, regulatory, and
other risks associated with providing its
customers with market access. In
anticipation of the upcoming July 14,
2011 compliance date for the Market
Access Rule, the Exchange is proposing
to amend EDGA Rule 11.9 to describe
the manner in which the Exchange’s
affiliated routing broker-dealer, Direct
Edge ECN, LLC d/b/a DE Route (‘‘DE
Route’’) will handle routable orders
consistent with the Market Access Rule.
In order to comply with the Market
Access Rule, DE Route proposes to
implement, as part of the procedures of
DE Route, certain tests, on both an
order-by-order basis and over a short
period of time, that are designed to limit
the financial exposure that could arise
as a result of market access and to
ensure compliance with all regulatory
requirements that are applicable in
connection with market access.
Consistent with the requirements of the
Market Access Rule, these tests are
designed to reject orders that DE Route
deems to be erroneous or duplicative,
would cause the entering Member’s
credit exposure to exceed a preset credit
threshold, or are non-compliant with
applicable pre-trade regulatory
requirements (as defined in the Market
Access Rule). To the extent DE Route
determines, based on its procedures,
that an order should be rejected, DE
Route may also seek to cancel orders
that have already been routed away.
mstockstill on DSK4VPTVN1PROD with NOTICES
Basis
The Exchange believes that its
proposal is consistent with the
requirements of the Act and the rules
and regulations thereunder that are
applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6(b) of the Act.5
In particular, the proposed change is
consistent with Section 6(b)(5) of the
Act,6 because it would promote just and
equitable principles of trade, and, in
general, protect investors and the public
interest. The proposed rule is consistent
with the requirements of the Act
because the change is necessary for the
Exchange’s affiliated broker-dealer, DE
Route, to comply with the Market
Access Rule. The Exchange also believes
that the proposed changes will benefit
Members of the Exchange because it
4 See Securities Exchange Act Release No. 63241
(November 3, 2010), 75 FR 69792 (November 15,
2010).
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
VerDate Mar<15>2010
17:59 Jul 21, 2011
Jkt 223001
provides clarity on the procedures
employed by DE Route consistent with
the Market Access Rule.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 7 and Rule 19b–
4(f)(6)(iii) thereunder.8
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.9 However, Rule 19b–
4(f)(6)(iii) 10 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. The Exchange
notes that waiving the 30-day operative
delay will allow DE Route to comply
with Rule 15c3–5 under the Act by July
14, 2011; 11 the compliance date for Rule
15c3–5. For this reason, the Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
9 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires that a self-regulatory
organization submit to the Commission written
notice of its intent to file the proposed rule change,
along with a brief description and text of the
proposed rule change, at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
10 Id.
11 17 CFR 240.15c3–5.
PO 00000
7 15
8 17
Frm 00083
Fmt 4703
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44063
interest, and designates the proposed
rule change to be operative upon filing
with the Commission.12
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form https://www.sec.gov/
rules/sro.shtml); or
• Send an E-mail to rulecomments@sec.gov. Please include File
No. SR–EDGA–2011–20 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–EDGA–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
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. Copies of such filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
12 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
E:\FR\FM\22JYN1.SGM
22JYN1
44064
Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Notices
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–EDGA–
2011–20 and should be submitted by
August 12, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–18495 Filed 7–21–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64901; File No. SR–BYX–
2011–015]
Self-Regulatory Organizations; BATS
Y-Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Make Certain Changes
Consistent With the Upcoming
Implementation of the Market Access
Rule
July 18, 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 July 12,
2011, BATS Y–Exchange, Inc. (‘‘BYX’’
or the ‘‘Exchange’’) 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 Exchange has
designated this proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(6)(iii)
thereunder,4 which renders it effective
upon filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
BYX Rule 11.13 to make certain changes
consistent with the upcoming
implementation of the adoption of Rule
15c3–5 under the Act (the ‘‘Market
Access Rule’’).5
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6)(iii).
5 17 CFR 240.15c3–5.
1 15
VerDate Mar<15>2010
17:59 Jul 21, 2011
The text of the proposed rule change
is available at the Exchange’s Web site
at https://www.batstrading.com, at the
principal office of the Exchange, 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 parts of such
statements.
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On November 3, 2010, the
Commission adopted the Market Access
Rule,6 pursuant to which, among other
things, broker-dealers providing market
access are required to implement certain
pre-order entry checks in order to
manage the financial, regulatory, and
other risks associated with providing its
customers with market access. In
anticipation of the upcoming July 14,
2011 compliance date for the Market
Access Rule, the Exchange is proposing
to amend BYX Rule 11.13 to describe
the manner in which the Exchange’s
affiliated routing broker-dealer, BATS
Trading, Inc. (‘‘BATS Trading’’) will
handle routable orders consistent with
the Market Access Rule.
In order to comply with the Market
Access Rule, BATS Trading proposes to
implement, certain tests, on both an
order-by-order basis and over a short
period of time, that are designed to limit
the financial exposure that could arise
as a result of market access and to
ensure compliance with all regulatory
requirements that are applicable in
connection with market access.
Consistent with the requirements of the
Market Access Rule, these tests are
designed to reject orders that BATS
Trading deems to be erroneous or
duplicative, would cause the entering
Member’s credit exposure to exceed a
preset credit threshold, or are noncompliant with applicable pre-trade
regulatory requirements (as defined in
the Market Access Rule). To the extent
BATS Trading determines, based on its
procedures, that an order should be
rejected, BATS Trading may also seek to
cancel orders that have already been
routed away.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with the
requirements of the Act and the rules
and regulations thereunder that are
applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6(b) of the Act.7
In particular, the proposed change is
consistent with Section 6(b)(5) of the
Act,8 because it would promote just and
equitable principles of trade, and, in
general, protect investors and the public
interest. The proposed rule is consistent
with the requirements of the Act
because the change is necessary for the
Exchange’s affiliated broker-dealer,
BATS Trading, to comply with the
Market Access Rule. The Exchange also
believes that the proposed changes will
benefit Members of the Exchange
because it provides clarity on the
procedures employed by BATS Trading
consistent with the Market Access Rule.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change imposes any
burden on competition.
(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.
III. Date of Effectiveness of the
Proposed Rule Changes and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 9 and Rule 19b–
4(f)(6) thereunder.10
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
7 15
6 See
Securities Exchange Act Release No. 63241
(November 3, 2010), 75 FR 69792 (November 15,
2010).
Jkt 223001
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Frm 00084
Fmt 4703
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U.S.C. 78f(b).
U.S.C. 78f(b)(5).
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6).
8 15
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Agencies
[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44062-44064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18495]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64903; File No. SR-EDGA-2011-20]
Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Amendment to EDGA Rule 11.9
July 18, 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 July 13, 2011, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I 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 amend Rule 11.9 to make certain changes
consistent with the upcoming implementation of the adoption of Rule
15c3-5 under the Act (the ``Market Access Rule'').\3\ The text of the
proposed rule change is available on the Exchange's Web site at https://www.directedge.com, at the Exchange's principal office, and at the
Public Reference Room of the Commission.
---------------------------------------------------------------------------
\3\ 17 CFR 15c3-5.
---------------------------------------------------------------------------
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
Purpose
On November 3, 2010, the Commission adopted the Market Access
[[Page 44063]]
Rule,\4\ pursuant to which, among other things, broker-dealers
providing market access are required to implement certain pre-order
entry checks in order to manage the financial, regulatory, and other
risks associated with providing its customers with market access. In
anticipation of the upcoming July 14, 2011 compliance date for the
Market Access Rule, the Exchange is proposing to amend EDGA Rule 11.9
to describe the manner in which the Exchange's affiliated routing
broker-dealer, Direct Edge ECN, LLC d/b/a DE Route (``DE Route'') will
handle routable orders consistent with the Market Access Rule.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 63241 (November 3,
2010), 75 FR 69792 (November 15, 2010).
---------------------------------------------------------------------------
In order to comply with the Market Access Rule, DE Route proposes
to implement, as part of the procedures of DE Route, certain tests, on
both an order-by-order basis and over a short period of time, that are
designed to limit the financial exposure that could arise as a result
of market access and to ensure compliance with all regulatory
requirements that are applicable in connection with market access.
Consistent with the requirements of the Market Access Rule, these tests
are designed to reject orders that DE Route deems to be erroneous or
duplicative, would cause the entering Member's credit exposure to
exceed a preset credit threshold, or are non-compliant with applicable
pre-trade regulatory requirements (as defined in the Market Access
Rule). To the extent DE Route determines, based on its procedures, that
an order should be rejected, DE Route may also seek to cancel orders
that have already been routed away.
Basis
The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\5\ In particular, the
proposed change is consistent with Section 6(b)(5) of the Act,\6\
because it would promote just and equitable principles of trade, and,
in general, protect investors and the public interest. The proposed
rule is consistent with the requirements of the Act because the change
is necessary for the Exchange's affiliated broker-dealer, DE Route, to
comply with the Market Access Rule. The Exchange also believes that the
proposed changes will benefit Members of the Exchange because it
provides clarity on the procedures employed by DE Route consistent with
the Market Access Rule.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6)(iii) thereunder.\8\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\9\ However,
Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. The Exchange notes that
waiving the 30-day operative delay will allow DE Route to comply with
Rule 15c3-5 under the Act by July 14, 2011; \11\ the compliance date
for Rule 15c3-5. For this reason, the Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest, and designates the proposed rule
change to be operative upon filing with the Commission.\12\
---------------------------------------------------------------------------
\9\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
\10\ Id.
\11\ 17 CFR 240.15c3-5.
\12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. 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 No. SR-EDGA-2011-20 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-EDGA-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 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the
[[Page 44064]]
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
EDGA-2011-20 and should be submitted by August 12, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-18495 Filed 7-21-11; 8:45 am]
BILLING CODE 8011-01-P