Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing of Proposed Rule Change To Amend EDGX Rule 11.14, 61444-61447 [2011-25529]
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices
publicly available. All submissions
should refer to File Number SR–Nasdaq2011–133 and should be submitted on
or before October 25, 2011.
self-regulatory organization has
prepared summaries, set forth in
Sections A, B and C below, of the most
significant aspects of such statements.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.22
Elizabeth M. Murphy,
Secretary.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2011–25505 Filed 10–3–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65440; File No. SR–EDGX–
2011–30]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing of
Proposed Rule Change To Amend
EDGX Rule 11.14
September 28, 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
September 27, 2011, EDGX Exchange,
Inc. (the ‘‘Exchange’’ or ‘‘EDGX’’) 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.
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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Exchange Rule 11.14 to revise the
current methodology for determining
when trading in all stocks will be halted
due to extraordinary market volatility.
The text of the proposed rule change is
available on the Exchange’s Web site at
https://www.directedge.com, at the
Exchange’s principal office and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
22 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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1. Purpose
The Exchange proposes to amend
Exchange Rule 11.14 to revise the
current methodology for determining
when trading in all stocks will be halted
due to extraordinary market volatility.
The Exchange is proposing this rule
change in consultation with other
equity, options and futures markets, the
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) and staffs of
the Commission and the Commodity
Futures Trading Commission.
Since May 6, 2010, when the markets
experienced excessive volatility in an
abbreviated time period, i.e., the ‘‘flash
crash,’’ the exchanges and FINRA have
implemented market-wide measures
designed to restore investor confidence
by reducing the potential for excessive
market volatility. Among the measures
adopted include pilot plans for stockby-stock trading pauses 3 and related
changes to the clearly erroneous
execution rules 4 and more stringent
market maker quoting requirements.5 In
addition, on April 5, 2011, the equities
exchanges and FINRA filed a plan
pursuant to Rule 608 of Regulation NMS
to address extraordinary market
volatility (the ‘‘Limit Up-Limit Down
Plan’’).6 As proposed, the Limit UpLimit Down Plan is designed to prevent
trades in individual NMS stocks from
occurring outside specified price bands.
The Joint CFTC–SEC Advisory
Committee on Emerging Regulatory
Issues (‘‘Committee’’) has recommended
that, in addition to the initiatives
already adopted or proposed, the
markets should consider reforming the
existing market-wide circuit breakers.
Among other things, the Committee
noted that the interrelatedness of
today’s highly electronic markets
warrants the need to review the present
operation of the system-wide circuit
breakers now in place. Specifically, the
Committee recommended that the
markets consider replacing the Dow
Jones Industrial Average (‘‘DJIA’’) with
3 EDGX
Rule 11.14.
Rule 11.13.
5 See SR–EDGX–2011–28 (August 30, 2011)
(mirroring the market making standards in other
exchange rules, such as NYSE Rule 104(a)(1)(B),
Nasdaq Rule 4613(a), and BATS Rule 11.8(d)(2)).
6 See Securities Exchange Act Release No. 64547
(May 25, 2011), 76 FR 31647 (June 1, 2011).
4 EDGX
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the S&P 500® Index (‘‘S&P 500’’),
revising the 10%, 20% and 30% decline
percentages, reducing the length of
trading halts, and allowing halts to be
triggered up to 3:30 p.m.7
The exchanges and FINRA have taken
into consideration the Committee’s
recommendations, and with some
modifications, have proposed changes
to market-wide circuit breakers. The
Exchange believes these proposed
changes will provide for a more
meaningful measure, in today’s faster,
more electronic markets, of when to halt
stocks on a market-wide basis as a result
of rapid market declines.
Background
EDGX Rule 11.14 provides for marketwide halts in trading at specified levels
in order to promote stability and
investor confidence during a period of
significant stress. As the Commission
noted in its approval order for the
analogous rule from the New York Stock
Exchange (‘‘NYSE’’),8 the rule was
intended to enable market participants
to establish equilibrium between buying
and selling interest and to ensure that
market participants have an opportunity
to become aware of and respond to
significant price movements.
Importantly, the market-wide circuit
breakers were not intended to prevent
markets from adjusting to new price
levels; rather, they provide for a speed
bump for extremely rapid market
declines.9
In its current form,10 the rule provides
for Level 1, 2 and 3 declines and
specified trading halts following such
declines (each a ‘‘Level 1, 2 or 3 Halt,’’
respectively). The values of Levels 1, 2
and 3 are calculated at the beginning of
each calendar quarter by the primary
listing market, using 10%, 20% and
7 See Summary Report of the Committee,
‘‘Recommendations Regarding Regulatory
Responses to the Market Events of May 6, 2010’’
(Feb, 18, 2011). The Exchange notes that NYSE
Euronext submitted a comment letter to the
Committee that recommended, among other things,
reform of the market-wide circuit breaker rules. See
Letter to Elizabeth Murphy, Secretary, Commission,
from Janet M. Kissane, SVP and Corporate
Secretary, NYSE Euronext (July 19, 2010). The
proposed reforms set forth in this rule proposal
differ slightly from the changes recommended in
that comment letter, and represent consensus
among the markets of how to address reform of the
market-wide circuit breakers.
8 See NYSE Rule 80B.
9 See Securities Exchange Act Release No. 26198
(Oct. 19, 1988).
10 NYSE Rule 80B was last amended in 1998,
when declines based on specified point drops in the
DJIA were replaced with the current methodology
of using a percentage decline that is recalculated
quarterly. See Securities Exchange Act Release No.
39846 (April 9, 1998), 63 FR 18477 (April 15, 1998)
(SR–NYSE–98–06, SR–Amex-98–09, SR–BSE–98–
06, SR–CHX–98–08, SR–NASD–98–27, and SR–
Phlx-98–15).
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices
30%, respectively, of the average closing
value of the DJIA for the month prior to
the beginning of the quarter. Each
percentage calculation is rounded to the
nearest fifty points to create the levels’
trigger points. The primary listing
markets disseminate the new trigger
levels quarterly to the media, via
information memos and publication on
their Web sites. The values then remain
in effect until the next quarterly
calculation, notwithstanding whether
the DJIA has moved and a Level 1, 2 or
3 decline is no longer equal to an actual
10%, 20% or 30% decline in the most
recent closing value of the DJIA.
Once a Rule 11.14 circuit breaker is in
effect, trading in all stocks halts for the
time periods specified below:
Level 1 Halt
Anytime before 2 p.m.—one hour;
At or after 2 p.m. but before 2:30
p.m.—30 minutes;
At or after 2:30 p.m.—trading shall
continue, unless there is a Level 2
Halt.
Level 2 Halt
Anytime before 1 p.m.—two hours;
At or after 1 p.m. but before 2 p.m.—
one hour;
At or after 2 p.m.—trading shall halt
and not resume for the rest of the
day.
Level 3 Halt
At any time—trading shall halt and
not resume for the rest of the day.
Unless stocks are halted for the
remainder of the trading day, price
indications are disseminated by the
primary listing market during a Rule
11.14 trading halt for stocks that
comprise the DJIA.
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Proposed Amendments
As noted above, the Exchange, other
equities, options, and futures markets,
and FINRA propose to amend the
market-wide circuit breakers to take into
consideration the recommendations of
the Committee, and to provide for more
meaningful measures in today’s markets
of when to halt trading in all stocks.
Accordingly, the Exchange proposes to
amend Rule 11.14 as follows: (i) Replace
the DJIA with the S&P 500; (ii) replace
the quarterly calendar recalculation of
Rule 11.14 triggers with daily
recalculations; (iii) replace the 10%,
20% and 30% market decline
percentages with 7%, 13% and 20%
market decline percentages (each a
‘‘Level 1, 2 or 3 Market Decline,’’
respectively); (iv) modify the length of
the trading halts associated with each
market decline level; and (v) modify the
times when a trading halt may be
triggered. The Exchange believes that
these proposed amendments update the
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rule to reflect today’s high-speed, highly
electronic trading market while still
meeting the original purpose of the rule:
to ensure that market participants have
an opportunity to become aware of and
respond to significant price movements.
First, the Exchange proposes to
replace the DJIA with the S&P 500. The
Exchange believes that because the S&P
500 is based on the trading prices of 500
stocks, as compared to the 30 stocks that
comprise the DJIA, the S&P 500
represents a broader base of securities
against which to measure whether
extraordinary market-wide volatility is
occurring. In addition, as noted by the
Committee, using an index that
correlates closely with derivative
products, such as the E–Mini and SPDR
S&P 500 Exchange-Traded Fund
(‘‘SPY’’), will allow for a better crossmarket measure of market volatility.
Second, the Exchange proposes to
change the recalculation of the trigger
values from once every calendar quarter
to daily. The Exchange believes that
updating the trigger values daily will
better reflect current market conditions.
In particular, a daily recalculation will
ensure that the percentage drop triggers
relate to current market conditions, and
are not compared to what may be stale
market conditions. As noted in the
proposed rule, the daily calculations of
the trigger values will be published
before the trading day begins.11
Third, the Exchange proposes to
decrease the current Level 1, 2 and 3
declines of 10%, 20% and 30% to a
Level 1 Market Decline of 7%, a Level
2 Market Decline of 13% and Level 3
Market Decline of 20%. In particular, as
demonstrated by the May 6, 2010, flash
crash, the current Level 1 10% decline
may be too high a threshold for
determining whether to halt trading
across all securities. In fact, since
adoption, the markets have halted only
once, on October 27, 1997.12
Accordingly, to reflect the potential that
a lower, yet still significant decline may
warrant a market-wide trading halt, the
Exchange proposes to lower the market
decline percentage thresholds.
As further proposed, trading on the
Exchange will be halted based on a
Level 1 or Level 2 Market Decline only
once per day. For example, if a Level 1
Market Decline was to occur and trading
11 The primary listing markets will advise via
Trader Update the specific methodology for
publishing the daily calculations, as well as the
manner by which the markets will halt trading in
all stocks should a Rule 11.14 trading halt be
triggered.
12 At that time, the triggers were based on
absolute declines in the DJIA (350 point decrease
for a Level 1 halt and 550 point decrease for a Level
2 halt).
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was halted, following the re-opening of
trading, trading would not halt again
unless a Level 2 Market Decline was to
occur. Likewise, following the reopening of trading after a Level 2 Market
Decline, trading would not be halted
again unless a Level 3 Market Decline
was to occur, at which point, trading in
all stocks would be halted until the
primary listing market opens the next
trading day.
Fourth, to correspond with the lower
percentages associated with triggering a
trading halt, the Exchange also proposes
to shorten the length of the market-wide
trading halts associated with each level.
As proposed, a Level 1 or 2 Market
Decline occurring after 9:30 a.m. Eastern
Time (‘‘ET’’) 13 and up to and including
3:25 p.m. E.T., would result in a trading
halt in all stocks for 15 minutes.
The Exchange believes that by
reducing the percentage threshold,
coupled with the reduced length of a
trading halt, the proposed rule would
allow for trading halts for serious
market declines, while at the same time,
would minimize disruption to the
market by allowing for trading to
continue after the proposed moreabbreviated trading halt. The Exchange
believes that in today’s markets, where
trading information travels in microsecond speeds, a 15-minute trading halt
strikes the appropriate balance between
the need to halt trading for market
participants to assess the market, while
at the same time reducing the time that
the market is halted.
Finally, because the proposed Level 1
and Level 2 trading halts will now be 15
minutes, the Exchange proposes
amending the rule to allow for a Level
1 or 2 Market Decline to trigger a trading
halt up to 3:25 p.m. Under the current
rule, a trading halt cannot be triggered
after 2:30 p.m., and this time
corresponds to the need for the markets
both to re-open following a 30-minute
halt and to engage in a fair and orderly
closing process. However, as the
markets experienced on May 6, 2010,
even if the Level 1 decline had occurred
that day, because the market decline
occurred after 2:30 p.m., it would not
have triggered a halt under the current
rule. The Committee recommended that
trading halts be triggered up to 3:30 p.m.
The Exchange agrees that the proposed
amendments must strike the appropriate
balance between permitting trading
halts as late in the day as feasible
without interrupting the closing
process.
Accordingly, to accommodate existing
primary listing market rules concerning
13 The Exchange notes that all times listed
throughout this filing are in Eastern Time.
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closing procedures, including the
publication of imbalance information
beginning at 3:45 p.m. and the
restrictions on entry and cancellation of
market on close (‘‘MOC’’) and limit on
close (‘‘LOC’’) orders after 3:45 p.m.,14
the Exchange proposes that the last
Level 1 or Level 2 Market Decline
trading halt should be 3:25 p.m. The
Exchange proposes 3:25 p.m. as the cutoff time so that there is time following
the 15-minute trading halt for the
markets to re-open before the 3:45 p.m.
cut-off for entry and cancellation of
MOC and LOC orders under primary
listing market rules.15
As with current Level 3 declines,
under the proposed rule, a Level 3
Market Decline would halt trading for
the remainder of the trading day,
including any trading that may take
place after 4:00 p.m. and would not
resume until the next trading day.
In addition to these proposed
changes, the Exchange proposes to add
to Rule 11.14 how the markets will reopen following a 15-minute trading halt.
In particular, similar to the re-opening
procedures set forth in Rule 11.14, the
Exchange proposes that if the primary
listing market halts trading in all stocks,
all markets will halt trading in those
stocks until the primary listing market
has resumed trading or notice has been
provided by the primary listing market
that trading may resume. As further
proposed, if the primary listing market
does not re-open a security within 15
minutes following the end of the trading
halt, other markets may resume trading
in that security.
As a result of the proposed changes
described above, the Exchange proposes
to delete Interpretations and Policies
.01–.04 to Rule 11.14, move
Interpretations and Policies .03 and .04
into the rule text of Rule 11.14 as
sections (c)(1) and (f), respectively, and
re-number existing Interpretation and
Policy .05 to Rule 11.14 as
Interpretation and Policy .01 to Rule
11.14. In addition, a conforming
amendment is proposed to be made in
Rule 11.13(c)(1) to re-number the crossreference to Interpretation .05 of Rule
11.14 as Interpretation .01 of Rule 11.14.
2. Statutory Basis
The basis under the Act for these
proposed rule changes are the
requirement under Section 6(b)(5) 16
that an Exchange have rules that are
designed to promote just and equitable
principles of trade, to remove
impediments to and perfect the
14 See,
U.S.C. 78f(b)(5).
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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
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve or disapprove
such proposed rule change, or
(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed
changes to the market-wide circuit
breaker regime are consistent with the
Act. The Commission specifically
requests comment on the following:
• As discussed above, the proposed
rule change would narrow the
percentage market declines that would
trigger a market-wide halt in trading.
How would the proposed changes
interact with the existing single-stock
circuit breaker pilot program 17 or, if
17 See Securities Exchange Act Release No. 64735
(June 23, 2011), 76 FR 38243 (June 29, 2011) (SR–
BATS–2011–016; SR–BYX–2011–011; SR–BX–
2011–025; SR–CBOE–2011–049; SR–CHX–2011–09;
e.g., NYSE Rule 123C.
15 Id.
16 15
mechanism of a free and open market
and a national market system and, in
general, to protect investors and the
public interest. Specifically, this rule
proposal supports the objectives of
perfecting the mechanism of a free and
open market and the national market
system because it promotes uniformity
across markets concerning when and
how to halt trading in all stocks as a
result of extraordinary market volatility.
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approved, the proposed NMS Plan to
establish a limit-up/limit-down
mechanism for individual securities? 18
• To what extent could the
concurrent triggering of single stock
circuit breakers in many S&P 500 Index
stocks lead to difficulties in calculating
the index? Would the triggering of many
single stock circuit breakers in a general
market downturn cause the index
calculation to become stale and thereby
delay the triggering of the market-wide
circuit breaker?
• Should the market-wide circuit
breaker be triggered if a sufficient
number of single-stock circuit breakers
or price limits are triggered, and
materially affect calculations of the S&P
500 Index?
• Should market centers implement
rules that mandate cancellation of
pending orders in the event a marketwide circuit breaker is triggered? If so,
should such a rule require cancellation
of all orders or only certain order types
(e.g., limit orders)? Should all trading
halts trigger such cancellation policies
or should the cancellation policies
apply only to a Level 3 Market Decline?
• Should some provision be made to
end the regular trading session if a
market decline suddenly occurs after
3:25 p.m. but does not reach the 20%
level?
• In the event of a Level 3 Market
Decline, should some provision be made
for the markets to hold a closing
auction?
• Should the primary market have a
longer period (e.g., 30 minutes) to
reopen trading following a Level 2
Market Decline before trading resumes
in other venues?
• In the event of a Level 3 Market
Decline, should the markets wait for the
primary market to reopen trading in a
particular security on the next trading
day before trading in that security
resumes?
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
SR–EDGA–2011–15; SR–EDGX–2011–14; SR–
FINRA–2011–023; SR–ISE–2011–028; SR–
NASDAQ–2011–067; SR–NYSE–2011–21; SR–
NYSEAmex–2011–32; SR–NYSEArca–2011–26; SR–
NSX–2011–06; SR–Phlx–2011–64) (approving the
‘‘Phase III Pilot Program’’). The Phase III Pilot
Program has been extended through January 2012.
See, e.g., Securities Exchange Act Release 65094
(August 10, 2011), 76 FR 50779 (August 16, 2011)
(SR–NASDAQ–2011–011).
18 See Securities Exchange Act Release No. 64547
(May 25, 2011), 76 FR 31647 (June 1, 2011).
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices
Number SR–EDGX–2011–30 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
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–EDGX–2011–30. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of
10 a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
publicly available. All submissions
should refer to File Number SR–EDGX–
2011–30 and should be submitted on or
before October 25, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–25529 Filed 10–3–11; 8:45 am]
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BILLING CODE 8011–01–P
[Release No. 34–65438; File No. SR–CBOE–
2011–087]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Proposed Rule
Change Related to Market-Wide Circuit
Breakers
September 28, 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
September 27, 2011, the Chicago Board
Options Exchange, Incorporated
(‘‘Exchange’’ or ‘‘CBOE’’) 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
Exchange Rule 6.3B to revise the current
methodology for determining when to
halt trading in all stock options trading
on CBOE and in all stocks trading on the
CBOE Stock Exchange, LLC (‘‘CBSX,’’
the CBOE’s stock trading facility), due to
extraordinary market volatility. The text
of the rule proposal is available on the
Exchange’s Web site (https://
www.cboe.org/legal), at the Exchange’s
Office of the Secretary, 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
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
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
rules to revise the current methodology
for determining when to halt trading in
all stocks and stock options due to
extraordinary market volatility. The
Exchange is proposing this rule change
in consultation with other equity,
options, and futures markets, the
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’), and staffs of
the Commission and the Commodity
Futures Trading Commission (‘‘CFTC’’).
Since May 6, 2010, when the markets
experienced excessive volatility in an
abbreviated time period, i.e., the ‘‘flash
crash,’’ the exchanges and FINRA have
implemented market-wide measures
designed to restore investor confidence
by reducing the potential for excessive
market volatility. Among the measures
adopted include pilot plans for stockby-stock trading pauses 3 and related
changes to the stock market clearly
erroneous execution rules 4 and more
stringent stock market maker quoting
requirements.5 In addition, on April 5,
2011, the equities exchanges and FINRA
filed a plan pursuant to Rule 608 of
Regulation NMS to address
extraordinary market volatility (the
‘‘Limit Up-Limit Down Plan’’).6 As
proposed, the Limit Up-Limit Down
Plan is designed to prevent trades in
individual NMS stocks from occurring
outside specified price bands.
The Joint CFTC–SEC Advisory
Committee on Emerging Regulatory
Issues (‘‘Committee’’) has recommended
that, in addition to the initiatives
already adopted or proposed, the
markets should consider reforming the
existing market-wide circuit breakers.
Among other things, the Committee
noted that the interrelatedness of
today’s highly electronic markets
warrants the need to review the present
operation of the system-wide circuit
breakers now in place. Specifically, the
Committee recommended that the
markets consider replacing the Dow
Jones Industrial Average (‘‘DJIA’’) with
the S&P 500® Index (‘‘S&P 500’’),
revising the 10%, 20%, and 30%
decline percentages, reducing the length
of trading halts, and allowing halts to be
3 Exchange
Rule 6.3C.
Rule 52.4.
5 Exchange Rules 53.23.01 and 53.56.01.
6 See Securities Exchange Act Release No. 64547
(May 25, 2011), 76 FR 31647 (June 1, 2011).
4 Exchange
1 15
19 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
15:03 Oct 03, 2011
2 17
Jkt 226001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00108
Fmt 4703
Sfmt 4703
61447
E:\FR\FM\04OCN1.SGM
04OCN1
Agencies
[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Pages 61444-61447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25529]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65440; File No. SR-EDGX-2011-30]
Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing of Proposed Rule Change To Amend EDGX Rule 11.14
September 28, 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 September 27, 2011, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Exchange Rule 11.14 to revise the
current methodology for determining when trading in all stocks will be
halted due to extraordinary market volatility. The text of the proposed
rule change is available on the Exchange's Web site at https://www.directedge.com, at the Exchange's principal office and at the
Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Exchange Rule 11.14 to revise the
current methodology for determining when trading in all stocks will be
halted due to extraordinary market volatility. The Exchange is
proposing this rule change in consultation with other equity, options
and futures markets, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') and staffs of the Commission and the Commodity Futures
Trading Commission.
Since May 6, 2010, when the markets experienced excessive
volatility in an abbreviated time period, i.e., the ``flash crash,''
the exchanges and FINRA have implemented market-wide measures designed
to restore investor confidence by reducing the potential for excessive
market volatility. Among the measures adopted include pilot plans for
stock-by-stock trading pauses \3\ and related changes to the clearly
erroneous execution rules \4\ and more stringent market maker quoting
requirements.\5\ In addition, on April 5, 2011, the equities exchanges
and FINRA filed a plan pursuant to Rule 608 of Regulation NMS to
address extraordinary market volatility (the ``Limit Up-Limit Down
Plan'').\6\ As proposed, the Limit Up-Limit Down Plan is designed to
prevent trades in individual NMS stocks from occurring outside
specified price bands.
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\3\ EDGX Rule 11.14.
\4\ EDGX Rule 11.13.
\5\ See SR-EDGX-2011-28 (August 30, 2011) (mirroring the market
making standards in other exchange rules, such as NYSE Rule
104(a)(1)(B), Nasdaq Rule 4613(a), and BATS Rule 11.8(d)(2)).
\6\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011).
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The Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues
(``Committee'') has recommended that, in addition to the initiatives
already adopted or proposed, the markets should consider reforming the
existing market-wide circuit breakers. Among other things, the
Committee noted that the interrelatedness of today's highly electronic
markets warrants the need to review the present operation of the
system-wide circuit breakers now in place. Specifically, the Committee
recommended that the markets consider replacing the Dow Jones
Industrial Average (``DJIA'') with the S&P 500[supreg] Index (``S&P
500''), revising the 10%, 20% and 30% decline percentages, reducing the
length of trading halts, and allowing halts to be triggered up to 3:30
p.m.\7\
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\7\ See Summary Report of the Committee, ``Recommendations
Regarding Regulatory Responses to the Market Events of May 6, 2010''
(Feb, 18, 2011). The Exchange notes that NYSE Euronext submitted a
comment letter to the Committee that recommended, among other
things, reform of the market-wide circuit breaker rules. See Letter
to Elizabeth Murphy, Secretary, Commission, from Janet M. Kissane,
SVP and Corporate Secretary, NYSE Euronext (July 19, 2010). The
proposed reforms set forth in this rule proposal differ slightly
from the changes recommended in that comment letter, and represent
consensus among the markets of how to address reform of the market-
wide circuit breakers.
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The exchanges and FINRA have taken into consideration the
Committee's recommendations, and with some modifications, have proposed
changes to market-wide circuit breakers. The Exchange believes these
proposed changes will provide for a more meaningful measure, in today's
faster, more electronic markets, of when to halt stocks on a market-
wide basis as a result of rapid market declines.
Background
EDGX Rule 11.14 provides for market-wide halts in trading at
specified levels in order to promote stability and investor confidence
during a period of significant stress. As the Commission noted in its
approval order for the analogous rule from the New York Stock Exchange
(``NYSE''),\8\ the rule was intended to enable market participants to
establish equilibrium between buying and selling interest and to ensure
that market participants have an opportunity to become aware of and
respond to significant price movements. Importantly, the market-wide
circuit breakers were not intended to prevent markets from adjusting to
new price levels; rather, they provide for a speed bump for extremely
rapid market declines.\9\
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\8\ See NYSE Rule 80B.
\9\ See Securities Exchange Act Release No. 26198 (Oct. 19,
1988).
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In its current form,\10\ the rule provides for Level 1, 2 and 3
declines and specified trading halts following such declines (each a
``Level 1, 2 or 3 Halt,'' respectively). The values of Levels 1, 2 and
3 are calculated at the beginning of each calendar quarter by the
primary listing market, using 10%, 20% and
[[Page 61445]]
30%, respectively, of the average closing value of the DJIA for the
month prior to the beginning of the quarter. Each percentage
calculation is rounded to the nearest fifty points to create the
levels' trigger points. The primary listing markets disseminate the new
trigger levels quarterly to the media, via information memos and
publication on their Web sites. The values then remain in effect until
the next quarterly calculation, notwithstanding whether the DJIA has
moved and a Level 1, 2 or 3 decline is no longer equal to an actual
10%, 20% or 30% decline in the most recent closing value of the DJIA.
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\10\ NYSE Rule 80B was last amended in 1998, when declines based
on specified point drops in the DJIA were replaced with the current
methodology of using a percentage decline that is recalculated
quarterly. See Securities Exchange Act Release No. 39846 (April 9,
1998), 63 FR 18477 (April 15, 1998) (SR-NYSE-98-06, SR-Amex-98-09,
SR-BSE-98-06, SR-CHX-98-08, SR-NASD-98-27, and SR-Phlx-98-15).
---------------------------------------------------------------------------
Once a Rule 11.14 circuit breaker is in effect, trading in all
stocks halts for the time periods specified below:
Level 1 Halt
Anytime before 2 p.m.--one hour;
At or after 2 p.m. but before 2:30 p.m.--30 minutes;
At or after 2:30 p.m.--trading shall continue, unless there is a
Level 2 Halt.
Level 2 Halt
Anytime before 1 p.m.--two hours;
At or after 1 p.m. but before 2 p.m.--one hour;
At or after 2 p.m.--trading shall halt and not resume for the rest
of the day.
Level 3 Halt
At any time--trading shall halt and not resume for the rest of the
day.
Unless stocks are halted for the remainder of the trading day,
price indications are disseminated by the primary listing market during
a Rule 11.14 trading halt for stocks that comprise the DJIA.
Proposed Amendments
As noted above, the Exchange, other equities, options, and futures
markets, and FINRA propose to amend the market-wide circuit breakers to
take into consideration the recommendations of the Committee, and to
provide for more meaningful measures in today's markets of when to halt
trading in all stocks. Accordingly, the Exchange proposes to amend Rule
11.14 as follows: (i) Replace the DJIA with the S&P 500; (ii) replace
the quarterly calendar recalculation of Rule 11.14 triggers with daily
recalculations; (iii) replace the 10%, 20% and 30% market decline
percentages with 7%, 13% and 20% market decline percentages (each a
``Level 1, 2 or 3 Market Decline,'' respectively); (iv) modify the
length of the trading halts associated with each market decline level;
and (v) modify the times when a trading halt may be triggered. The
Exchange believes that these proposed amendments update the rule to
reflect today's high-speed, highly electronic trading market while
still meeting the original purpose of the rule: to ensure that market
participants have an opportunity to become aware of and respond to
significant price movements.
First, the Exchange proposes to replace the DJIA with the S&P 500.
The Exchange believes that because the S&P 500 is based on the trading
prices of 500 stocks, as compared to the 30 stocks that comprise the
DJIA, the S&P 500 represents a broader base of securities against which
to measure whether extraordinary market-wide volatility is occurring.
In addition, as noted by the Committee, using an index that correlates
closely with derivative products, such as the E-Mini and SPDR S&P 500
Exchange-Traded Fund (``SPY''), will allow for a better cross-market
measure of market volatility.
Second, the Exchange proposes to change the recalculation of the
trigger values from once every calendar quarter to daily. The Exchange
believes that updating the trigger values daily will better reflect
current market conditions. In particular, a daily recalculation will
ensure that the percentage drop triggers relate to current market
conditions, and are not compared to what may be stale market
conditions. As noted in the proposed rule, the daily calculations of
the trigger values will be published before the trading day begins.\11\
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\11\ The primary listing markets will advise via Trader Update
the specific methodology for publishing the daily calculations, as
well as the manner by which the markets will halt trading in all
stocks should a Rule 11.14 trading halt be triggered.
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Third, the Exchange proposes to decrease the current Level 1, 2 and
3 declines of 10%, 20% and 30% to a Level 1 Market Decline of 7%, a
Level 2 Market Decline of 13% and Level 3 Market Decline of 20%. In
particular, as demonstrated by the May 6, 2010, flash crash, the
current Level 1 10% decline may be too high a threshold for determining
whether to halt trading across all securities. In fact, since adoption,
the markets have halted only once, on October 27, 1997.\12\
Accordingly, to reflect the potential that a lower, yet still
significant decline may warrant a market-wide trading halt, the
Exchange proposes to lower the market decline percentage thresholds.
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\12\ At that time, the triggers were based on absolute declines
in the DJIA (350 point decrease for a Level 1 halt and 550 point
decrease for a Level 2 halt).
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As further proposed, trading on the Exchange will be halted based
on a Level 1 or Level 2 Market Decline only once per day. For example,
if a Level 1 Market Decline was to occur and trading was halted,
following the re-opening of trading, trading would not halt again
unless a Level 2 Market Decline was to occur. Likewise, following the
re-opening of trading after a Level 2 Market Decline, trading would not
be halted again unless a Level 3 Market Decline was to occur, at which
point, trading in all stocks would be halted until the primary listing
market opens the next trading day.
Fourth, to correspond with the lower percentages associated with
triggering a trading halt, the Exchange also proposes to shorten the
length of the market-wide trading halts associated with each level. As
proposed, a Level 1 or 2 Market Decline occurring after 9:30 a.m.
Eastern Time (``ET'') \13\ and up to and including 3:25 p.m. E.T.,
would result in a trading halt in all stocks for 15 minutes.
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\13\ The Exchange notes that all times listed throughout this
filing are in Eastern Time.
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The Exchange believes that by reducing the percentage threshold,
coupled with the reduced length of a trading halt, the proposed rule
would allow for trading halts for serious market declines, while at the
same time, would minimize disruption to the market by allowing for
trading to continue after the proposed more-abbreviated trading halt.
The Exchange believes that in today's markets, where trading
information travels in micro-second speeds, a 15-minute trading halt
strikes the appropriate balance between the need to halt trading for
market participants to assess the market, while at the same time
reducing the time that the market is halted.
Finally, because the proposed Level 1 and Level 2 trading halts
will now be 15 minutes, the Exchange proposes amending the rule to
allow for a Level 1 or 2 Market Decline to trigger a trading halt up to
3:25 p.m. Under the current rule, a trading halt cannot be triggered
after 2:30 p.m., and this time corresponds to the need for the markets
both to re-open following a 30-minute halt and to engage in a fair and
orderly closing process. However, as the markets experienced on May 6,
2010, even if the Level 1 decline had occurred that day, because the
market decline occurred after 2:30 p.m., it would not have triggered a
halt under the current rule. The Committee recommended that trading
halts be triggered up to 3:30 p.m. The Exchange agrees that the
proposed amendments must strike the appropriate balance between
permitting trading halts as late in the day as feasible without
interrupting the closing process.
Accordingly, to accommodate existing primary listing market rules
concerning
[[Page 61446]]
closing procedures, including the publication of imbalance information
beginning at 3:45 p.m. and the restrictions on entry and cancellation
of market on close (``MOC'') and limit on close (``LOC'') orders after
3:45 p.m.,\14\ the Exchange proposes that the last Level 1 or Level 2
Market Decline trading halt should be 3:25 p.m. The Exchange proposes
3:25 p.m. as the cut-off time so that there is time following the 15-
minute trading halt for the markets to re-open before the 3:45 p.m.
cut-off for entry and cancellation of MOC and LOC orders under primary
listing market rules.\15\
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\14\ See, e.g., NYSE Rule 123C.
\15\ Id.
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As with current Level 3 declines, under the proposed rule, a Level
3 Market Decline would halt trading for the remainder of the trading
day, including any trading that may take place after 4:00 p.m. and
would not resume until the next trading day.
In addition to these proposed changes, the Exchange proposes to add
to Rule 11.14 how the markets will re-open following a 15-minute
trading halt. In particular, similar to the re-opening procedures set
forth in Rule 11.14, the Exchange proposes that if the primary listing
market halts trading in all stocks, all markets will halt trading in
those stocks until the primary listing market has resumed trading or
notice has been provided by the primary listing market that trading may
resume. As further proposed, if the primary listing market does not re-
open a security within 15 minutes following the end of the trading
halt, other markets may resume trading in that security.
As a result of the proposed changes described above, the Exchange
proposes to delete Interpretations and Policies .01-.04 to Rule 11.14,
move Interpretations and Policies .03 and .04 into the rule text of
Rule 11.14 as sections (c)(1) and (f), respectively, and re-number
existing Interpretation and Policy .05 to Rule 11.14 as Interpretation
and Policy .01 to Rule 11.14. In addition, a conforming amendment is
proposed to be made in Rule 11.13(c)(1) to re-number the cross-
reference to Interpretation .05 of Rule 11.14 as Interpretation .01 of
Rule 11.14.
2. Statutory Basis
The basis under the Act for these proposed rule changes are the
requirement under Section 6(b)(5) \16\ that an Exchange have rules that
are designed 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. Specifically, this rule proposal
supports the objectives of perfecting the mechanism of a free and open
market and the national market system because it promotes uniformity
across markets concerning when and how to halt trading in all stocks as
a result of extraordinary market volatility.
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\16\ 15 U.S.C. 78f(b)(5).
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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
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve or disapprove such proposed rule change, or
(B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
changes to the market-wide circuit breaker regime are consistent with
the Act. The Commission specifically requests comment on the following:
As discussed above, the proposed rule change would narrow
the percentage market declines that would trigger a market-wide halt in
trading. How would the proposed changes interact with the existing
single-stock circuit breaker pilot program \17\ or, if approved, the
proposed NMS Plan to establish a limit-up/limit-down mechanism for
individual securities? \18\
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\17\ See Securities Exchange Act Release No. 64735 (June 23,
2011), 76 FR 38243 (June 29, 2011) (SR-BATS-2011-016; SR-BYX-2011-
011; SR-BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-EDGA-2011-
15; SR-EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028; SR-NASDAQ-
2011-067; SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-NYSEArca-2011-26;
SR-NSX-2011-06; SR-Phlx-2011-64) (approving the ``Phase III Pilot
Program''). The Phase III Pilot Program has been extended through
January 2012. See, e.g., Securities Exchange Act Release 65094
(August 10, 2011), 76 FR 50779 (August 16, 2011) (SR-NASDAQ-2011-
011).
\18\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011).
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To what extent could the concurrent triggering of single
stock circuit breakers in many S&P 500 Index stocks lead to
difficulties in calculating the index? Would the triggering of many
single stock circuit breakers in a general market downturn cause the
index calculation to become stale and thereby delay the triggering of
the market-wide circuit breaker?
Should the market-wide circuit breaker be triggered if a
sufficient number of single-stock circuit breakers or price limits are
triggered, and materially affect calculations of the S&P 500 Index?
Should market centers implement rules that mandate
cancellation of pending orders in the event a market-wide circuit
breaker is triggered? If so, should such a rule require cancellation of
all orders or only certain order types (e.g., limit orders)? Should all
trading halts trigger such cancellation policies or should the
cancellation policies apply only to a Level 3 Market Decline?
Should some provision be made to end the regular trading
session if a market decline suddenly occurs after 3:25 p.m. but does
not reach the 20% level?
In the event of a Level 3 Market Decline, should some
provision be made for the markets to hold a closing auction?
Should the primary market have a longer period (e.g., 30
minutes) to reopen trading following a Level 2 Market Decline before
trading resumes in other venues?
In the event of a Level 3 Market Decline, should the
markets wait for the primary market to reopen trading in a particular
security on the next trading day before trading in that security
resumes?
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
[[Page 61447]]
Number SR-EDGX-2011-30 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-EDGX-2011-30. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-EDGX-2011-30 and should be
submitted on or before October 25, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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\19\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25529 Filed 10-3-11; 8:45 am]
BILLING CODE 8011-01-P