Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Fees for Use of BATS Y-Exchange, Inc., 63683-63685 [2011-26382]
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Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
transition the Board of Directors to three
equally sized classes.
The proposed rule change would
make changes to the Articles of
Incorporation as are necessary and
appropriate in order to comply with
Section 15B of the Exchange Act, 15
U.S.C. 78o–4, as amended by the DoddFrank Wall Street Reform and Consumer
Protection Act, Public Law 111–203,
§ 975, 124 Stat. 1376 (2010) (the ‘‘DoddFrank Act’’), and conform the Articles of
Incorporation to amended MSRB Rule
A–3.
2. Statutory Basis
Sections 15B(b)(1) and (2) of the
Exchange Act,6 as amended by the
Dodd-Frank Act, require, among other
things, that the rules of the Board
establish fair procedures for the
nomination and election of members of
the Board and assure fair representation
in such nominations and elections of
public representatives, broker-dealer
representatives, bank representatives,
and advisor representatives and the
terms that shall be served by such
members. The MSRB believes that the
proposed rule change is consistent with
Section 15B(b)(1) and (2) of the
Exchange Act, in that it conforms the
Articles of Incorporation of the Board to
the requirements of the Dodd-Frank Act
and amended MSRB Rule A–3.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The MSRB does not believe that the
proposed rule change will impose any
burden on competition not necessary or
appropriate in furtherance of the
purposes of the Exchange Act, since the
proposed rule change simply amends
the Articles of Incorporation of the
Board to comply with the requirements
of the Dodd-Frank Act and MSRB Rule
A–3, and solely concerns the
administration of the organization.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received on the proposed
rule change.
sroberts on DSK5SPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change has become
effective pursuant to Section
19(b)(3)(A)(iii) of the Exchange Act7 and
Rule 19b–4(f)(3) thereunder 8 because it
U.S.C. 78o–4(b).
U.S.C. 78s(b)(3)(A)(iii).
8 17 CFR 240.19b–4(f)(3).
is concerned solely with the operation
and administration of the MSRB. 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 Exchange Act.9
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 Exchange
Act. Comments may be submitted by
any of the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–MSRB–2011–18 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–MSRB–2011–18. 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 MSRB’s offices. All
comments received will be posted
6 15
7 15
VerDate Mar<15>2010
16:50 Oct 12, 2011
9 See Section 19(b)(3)(C) of the Exchange Act, 15
U.S.C. 78s(b)(3)(C).
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Frm 00084
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63683
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–MSRB–2011–18 and should
be submitted on or before November 3,
2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–26381 Filed 10–12–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65493; File No. SR–BYX–
2011–028]
Self-Regulatory Organizations; BATS
Y–Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Fees for Use
of BATS Y–Exchange, Inc.
October 6, 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
September 30, 2011, BATS Y–Exchange,
Inc. (the ‘‘Exchange’’ or ‘‘BYX’’) 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 Exchange has designated the
proposed rule change as one
establishing or changing a member due,
fee, or other charge imposed by the
Exchange under Section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b–4(f)(2)
thereunder,4 which renders the
proposed rule change effective upon
filing with the Commission. 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 the
fee schedule applicable to Members 5 of
the Exchange pursuant to BYX Rules
15.1(a) and (c). While changes to the fee
10 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)(ii).
4 17 CFR 240.19b–4(f)(2).
5 A Member is any registered broker or dealer that
has been admitted to membership in the Exchange.
1 15
E:\FR\FM\13OCN1.SGM
13OCN1
63684
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
schedule pursuant to this proposal will
be effective upon filing, the changes will
become operative on October 3, 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.
sroberts on DSK5SPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to modify its
fee schedule applicable to use of the
Exchange effective October 3, 2011, in
order to modify pricing related to
executions that occur on EDGA
EXCHANGE, Inc. (‘‘EDGA’’) through
either a BYX + EDGA Destination
Specific Order 6 or through the
Exchange’s TRIM routing strategy.7
EDGA is implementing certain pricing
changes effective October 3, 2011,
including modification of the fee to
remove liquidity from $0.0006 per share
to $0.0007 per share. To maintain a
direct pass through of the applicable
cost to execute at EDGA, the Exchange
proposes to charge $0.0007 per share for
an order routed through its TRIM
routing strategy and executed on EDGA.
Similarly, because EDGA is part of the
Exchange’s ‘‘One Under’’ pricing
program for Destination Specific Orders,
the Exchange intends to continue to
charge $0.0001 per share less than if a
Member executed an order directly on
EDGA. Accordingly, the Exchange
proposes to charge $0.0006 per share for
an order routed as a Destination Specific
Order to EDGA and executed on EDGA,
which is $0.0001 per share less than
EDGA charges directly. The Exchange’s
‘‘One Under’’ pricing does not apply to
securities priced below $1.00. In
addition, the Exchange will maintain
the pricing currently charged by the
Exchange for all other Destination
Specific Orders.
2. Statutory Basis
The Exchange believes that the
proposed rule change 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 of the Act.8
Specifically, the Exchange believes that
the proposed rule change is consistent
with Section 6(b)(4) of the Act,9 in that
it provides for the equitable allocation
of reasonable dues, fees and other
charges among members and other
persons using any facility or system
which the Exchange operates or
controls. The Exchange notes that it
operates in a highly competitive market
in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive. The
Exchange believes that the proposed
changes to certain of the Exchange’s
non-standard routing fees and strategies
are competitive, fair and reasonable, and
non-discriminatory in that they are
equally applicable to all Members and
are designed to mirror or provide a
discount to the cost applicable to the
execution if such routed orders were
executed directly by the Member at
EDGA Exchange.
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 Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A)(ii) of
the Act 10 and Rule 19b–4(f)(2)
thereunder,11 the Exchange has
designated this proposal as establishing
or changing a due, fee, or other charge
applicable to the Exchange’s Members
and non-members, which renders the
proposed rule change effective upon
filing.
At any time within 60 days of the
filing of the proposed rule change, the
8 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
10 15 U.S.C. 78s(b)(3)(A)(ii).
11 17 CFR 240.19b–4(f)(2).
9 15
6 As
7 As
defined in BYX Rule 11.9(c)(12).
defined in BYX Rule 11.13(a)(3)(G).
VerDate Mar<15>2010
16:50 Oct 12, 2011
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Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–BYX–2011–028 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–BYX–2011–028. 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 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 available publicly. All
submissions should refer to File
Number SR–BYX–2011–028 and should
E:\FR\FM\13OCN1.SGM
13OCN1
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
be submitted on or before November 3,
2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–26382 Filed 10–12–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65497; File No. SR–BATS–
2011–042]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Revenue
Sharing Program With Correlix and a
Free Trial Period for New Users of the
Correlix Service
October 6, 2011.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’ or the ‘‘Exchange Act’’),1 and
Rule 19b–4 thereunder,2 notice is
hereby given that on September 30,
2011, BATS Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BATS’’) 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.
sroberts on DSK5SPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is proposing to
establish a revenue sharing program
with Correlix, Inc. (‘‘Correlix’’) and a
free trial period for new subscribers to
the Correlix service.
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
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
16:50 Oct 12, 2011
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to establish a revenue sharing
program with Correlix. The Exchange
has entered into an agreement with
Correlix to provide to Users 3 of the
Exchange real-time analytical tools to
measure the latency of orders to and
from the Exchange’s system as well as
the latency of market data updates
transmitted from the Exchange systems
to the User. Under the agreement, the
Exchange will receive 30% of the total
monthly subscription fees received by
Correlix from parties who have
contracted directly with Correlix to use
their RaceTeam latency measurement
service for the Exchange. The Exchange
will not bill or contract with any
Correlix RaceTeam customer directly.
Fees will apply separately for Users of
the Exchange’s cash equities platform
and the Exchange’s equity options
platform. Pricing for the Correlix
RaceTeam product for Users of the
Exchange will be based on the number
of ports requested by the User for
monitoring by Correlix; each ‘‘port’’ is a
FIX or binary order entry (‘‘BOE’’)
protocol connection to the Exchange.
The fee for equities Users of the
Exchange will be an initial $2,500
monthly base fee for the first 25 ports
requested by the User for latency
monitoring, and an additional $1,000
per month for each additional 25 ports
(or portion thereof) requested by the
User for latency monitoring. The fee for
options Users of the Exchange will be an
initial $1,500 monthly fee for the first 25
ports requested by the User for latency
monitoring, and an additional $1,000
per month for each additional 25 ports
(or portion thereof).
The use of ports as the basis of
charging will permit order-related
messages transmitted to the Exchange’s
cash equities platform and the
Exchanges equity options platform to be
differentiated and kept separate. For
these purposes, the combination of port
and User ID provides the mechanism for
Users to receive latency data for their
transactions on each particular
3 A ‘‘User’’ is defined in BATS Rule 1.5(cc) as any
member or sponsored participant of the Exchange
who is authorized to obtain access to the System.
1 15
VerDate Mar<15>2010
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.
Jkt 226001
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Frm 00086
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63685
Exchange market. The Correlix
RaceTeam product will include controls
such that Users will not be able to
obtain latency information about
options orders through an equities port
connection and vice versa.
Under the program, the Correlix data
collector 4 will see an individualized
unique identifier that will allow
Correlix RaceTeam to determine round
trip order time,5 from the time the order
reaches the Exchange, through the
Exchange matching engine, and back
out of the Exchange. The RaceTeam
product offering does not measure
latency outside of the Exchange. The
unique identifier serves as a
technological information barrier so that
the Correlix data collector will only be
able to view data for Correlix RaceTeam
subscribers related to latency. The
Correlix data collector will not see
subscriber’s individual order detail such
as security, price or size. Individual
RaceTeam subscribers’ logins will
restrict access to only their own latency
data. The Correlix data collector will see
no specific information regarding the
trading activity of non-subscribers. The
Exchange believes that the above
arrangement will provide Users of the
Exchange with greater transparency into
the processing of their trading activity
and allow them to make more efficient
trading decisions.
In addition, the Exchange proposes to
establish a flexible 60-day free trial so
parties will be eligible for one free 60day trial period of Correlix services
whenever they initially elect to sign-up
for the service, now or in the future. The
Exchange is proposing the flexible trial
to ensure that all Correlix subscribers
have an equal opportunity to take
advantage of an initial free trial period.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,6 in general, and furthers the
objectives of Section 6(b)(5) of the Act,7
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, to remove impediments to
4 The Correlix data collector is a Correlix process
that receives information from the Exchange that is
subsequently taken into Correlix’s systems for
latency monitoring purposes.
5 The product measures latency of orders whether
the orders are rejected, executed, or partially
executed.
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
E:\FR\FM\13OCN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63683-63685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26382]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65493; File No. SR-BYX-2011-028]
Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Y-Exchange, Inc.
October 6, 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 September 30, 2011, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') 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
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the fee schedule applicable to
Members \5\ of the Exchange pursuant to BYX Rules 15.1(a) and (c).
While changes to the fee
[[Page 63684]]
schedule pursuant to this proposal will be effective upon filing, the
changes will become operative on October 3, 2011.
---------------------------------------------------------------------------
\5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------
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
The Exchange proposes to modify its fee schedule applicable to use
of the Exchange effective October 3, 2011, in order to modify pricing
related to executions that occur on EDGA EXCHANGE, Inc. (``EDGA'')
through either a BYX + EDGA Destination Specific Order \6\ or through
the Exchange's TRIM routing strategy.\7\ EDGA is implementing certain
pricing changes effective October 3, 2011, including modification of
the fee to remove liquidity from $0.0006 per share to $0.0007 per
share. To maintain a direct pass through of the applicable cost to
execute at EDGA, the Exchange proposes to charge $0.0007 per share for
an order routed through its TRIM routing strategy and executed on EDGA.
Similarly, because EDGA is part of the Exchange's ``One Under'' pricing
program for Destination Specific Orders, the Exchange intends to
continue to charge $0.0001 per share less than if a Member executed an
order directly on EDGA. Accordingly, the Exchange proposes to charge
$0.0006 per share for an order routed as a Destination Specific Order
to EDGA and executed on EDGA, which is $0.0001 per share less than EDGA
charges directly. The Exchange's ``One Under'' pricing does not apply
to securities priced below $1.00. In addition, the Exchange will
maintain the pricing currently charged by the Exchange for all other
Destination Specific Orders.
---------------------------------------------------------------------------
\6\ As defined in BYX Rule 11.9(c)(12).
\7\ As defined in BYX Rule 11.13(a)(3)(G).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change 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 of the Act.\8\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\9\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that the
proposed changes to certain of the Exchange's non-standard routing fees
and strategies are competitive, fair and reasonable, and non-
discriminatory in that they are equally applicable to all Members and
are designed to mirror or provide a discount to the cost applicable to
the execution if such routed orders were executed directly by the
Member at EDGA Exchange.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f.
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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 Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A)(ii) of the Act \10\ and Rule 19b-
4(f)(2) thereunder,\11\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
\11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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 Number SR-BYX-2011-028 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-BYX-2011-028. 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 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
available publicly. All submissions should refer to File Number SR-BYX-
2011-028 and should
[[Page 63685]]
be submitted on or before November 3, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26382 Filed 10-12-11; 8:45 am]
BILLING CODE 8011-01-P
