Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule To Amend EDGA Rule 11.9, 74092-74093 [2011-30830]
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74092
Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65826; File No. SR–EDGA–
2011–37]
Self-Regulatory Organizations; EDGA
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule To Amend EDGA Rule 11.9
November 23, 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 November
17, 2011, the EDGA Exchange, Inc. (the
‘‘Exchange’’ or the ‘‘EDGA’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Item II below, which item have been
prepared by the self-regulatory
organization. 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 introduce
an additional routing option to Rule
11.9 and amend existing routing
options. The text of the proposed rule
change is available on the Exchange’s
Web site at www.directedge.com, on the
Commission’s Web site at www.sec.gov,
at the Exchange’s principal office, and at
the Public Reference Room of the
Commission.
emcdonald on DSK5VPTVN1PROD with NOTICES
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’s current list of routing
options are codified in Rule 11.9(b)(3).
In this filing, the Exchange proposes to
amend the language of two routing
options contained in Rule 11.9(b)(3) to
modify the behavior of unexecuted
shares and distinguish the execution
path if an order is sent as a Day Order 3
versus an Immediate-or-Cancel (‘‘IOC’’) 4
order.
Specifically, Rule 11.9(b)(3)(h)
provides that the RDOT routing option
checks the System for available shares
and then is sent sequentially to
destinations on the System routing
table. If shares remain unexecuted after
routing, they are sent to the NYSE. The
Exchange proposes to modify this
strategy to provide that any unexecuted
shares can be re-routed by the NYSE
and any remainder after routing will be
posted to the NYSE book, unless
otherwise instructed by the User. The
phrase ‘‘unless otherwise instructed by
the User’’ is proposed to be added to the
rule to account for the fact that if a User
sends an IOC order, it will not post to
the NYSE book.
Rule 11.9(b)(3)(i) provides that the
RDOX routing option checks the System
for available shares and then is sent to
the NYSE. The Exchange proposes to
amend this strategy to provide that the
unexecuted shares can be re-routed by
the NYSE and any remainder after
routing will be posted to the NYSE
book, unless otherwise instructed by the
User. The phrase ‘‘unless otherwise
instructed by the User’’ is proposed to
be added to the rule to account for the
fact that if a User sends an IOC order,
it will not post to the NYSE book.
The Exchange also proposes to amend
Rule 11.9(b)(3)(n), which currently has
an incorrect cross reference to the ROUT
routing option as being in paragraph (h)
in its description. The Exchange
proposes to correct the citation to cross
reference paragraph (c) for the ROUT
routing option.
The Exchange believes the proposed
modification of the routing options
described above will provide additional
specificity to the Exchange’s rulebook
regarding routing strategies and will
further enhance transparency with
respect to Exchange routing offerings.
2. Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b)(5) of the Act,5 which
requires the rules of an exchange 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
3 As
defined in Rule 11.5(b)(2).
defined in Rule 11.5(b)(1).
5 15 U.S.C. 78f(b)(5).
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
VerDate Mar<15>2010
17:30 Nov 29, 2011
4 As
Jkt 226001
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
investors and the public interest. The
proposed changes to the two routing
options described above will provide
additional specificity to the Exchange’s
rulebook regarding routing strategies
and will further enhance transparency
with respect to Exchange routing
offerings.
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 6 and Rule 19b–
4(f)(6)(iii) thereunder.7
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.8 However, Rule 19b–
4(f)(6)(iii) 9 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 requested that the
Commission waive the 30-day operative
delay. The Exchange notes that waiver
of this requirement will allow the
Exchange to offer Exchange Users the
modified routing strategies, on or about
December 5, 2011. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
8 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6) requires a self-regulatory organization to
give the Commission written notice of its intent to
file 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.
9 Id.
7 17
E:\FR\FM\30NON1.SGM
30NON1
Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Notices
interest because such waiver would
allow the modified routing strategies to
become available on or about December
5, 2011, and would immediately
provide additional specificity to the
Exchange’s rules regarding routing
strategies and further enhance
transparency with respect to Exchange
routing offerings. For this reason, the
Commission designates the proposed
rule change to be operative upon filing
with the Commission.10
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.
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–EDGA–
2011–37 and should be submitted on or
before December 21, 2011.
IV. Solicitation of Comments
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary.
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 email to rulecomments@sec.gov. Please include File
Number SR–EDGA–2011–37 on the
subject line.
emcdonald on DSK5VPTVN1PROD with NOTICES
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–EDGA–2011–37. This file
number should be included on the
subject line if email 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
10 For the purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
VerDate Mar<15>2010
17:30 Nov 29, 2011
Jkt 226001
74093
text of the proposed rule change is
attached as Exhibit 5 3 and is available
on the Exchange’s Web site at https://
www.directedge.com, at the Exchange’s
principal office, at the Public Reference
Room of the Commission, and at https://
www.sec.gov.
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.
BILLING CODE 8011–01–P
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
1. Purpose
[FR Doc. 2011–30830 Filed 11–29–11; 8:45 am]
[Release No. 34–65823; File No. SR–EDGX–
2011–36]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend EDGX Rule
11.14 to Exclude from the Pilot Rule All
Rights and Warrants
November 23, 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 November
22, 2011, the EDGX Exchange, Inc. (the
‘‘Exchange’’ or the ‘‘EDGX’’) 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 selfregulatory organization. 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
EDGX Rule 11.14 to exclude from the
pilot rule all rights and warrants. The
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
The Exchange proposes to amend
EDGX Rule 11.14(d) to exclude all rights
and warrants from the single stock
circuit breaker under the rule. The
Commission approved EDGX Rule 11.14
on a pilot basis on June 10, 2010 to
provide for trading pauses in individual
securities due to extraordinary market
volatility (‘‘Trading Pause’’) in all
securities included within the S&P 500®
Index (‘‘S&P 500’’) (‘‘Pause Pilot’’).4 The
Exchange noted in its filing to adopt
EDGX Rule 11.14 that during the Pause
Pilot period it would continue to assess
whether additional securities need to be
added and whether the parameters of
EDGX Rule 11.14 would need to be
modified to accommodate trading
characteristics of different securities.
The Exchange subsequently received
approval to add to the Pause Pilot the
securities included in the Russell 1000®
Index (‘‘Russell 1000’’) and a specified
3 The Commission notes that Exhibit 5 is attached
to the rule filing, but not to this Notice.
4 The Commission approved the Pause Pilot for
all equities exchanges and FINRA. See Securities
Exchange Act Release No. 62252 (June 10, 2010), 75
FR 34186 (June 16, 2010) (File Nos. SR–BATS–
2010–014; SR–EDGA–2010–01; SR–EDGX–2010–01;
SR–BX–2010–037; SR–ISE–2010–48; SR–NYSE–
2010–39; SR–NYSEAmex–2010–46; SR–NYSEArca–
2010–41; SR–NASDAQ–2010–061; SR–CHX–2010–
10; SR–NSX–2010–05; and SR–CBOE–2010–047)
and Securities Exchange Act Release No. 62251
(June 10, 2010), 75 FR 34183 (June 16, 2010) (SR–
FINRA–2010–025).
E:\FR\FM\30NON1.SGM
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Agencies
[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Notices]
[Pages 74092-74093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30830]
[[Page 74092]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65826; File No. SR-EDGA-2011-37]
Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule To Amend EDGA Rule
11.9
November 23, 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 November 17, 2011, the EDGA Exchange, Inc. (the ``Exchange'' or
the ``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Item II
below, which item have been prepared by the self-regulatory
organization. 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 introduce an additional routing option to
Rule 11.9 and amend existing routing options. The text of the proposed
rule change is available on the Exchange's Web site at
www.directedge.com, on the Commission's Web site at www.sec.gov, 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
1. Purpose
The Exchange's current list of routing options are codified in Rule
11.9(b)(3). In this filing, the Exchange proposes to amend the language
of two routing options contained in Rule 11.9(b)(3) to modify the
behavior of unexecuted shares and distinguish the execution path if an
order is sent as a Day Order \3\ versus an Immediate-or-Cancel
(``IOC'') \4\ order.
---------------------------------------------------------------------------
\3\ As defined in Rule 11.5(b)(2).
\4\ As defined in Rule 11.5(b)(1).
---------------------------------------------------------------------------
Specifically, Rule 11.9(b)(3)(h) provides that the RDOT routing
option checks the System for available shares and then is sent
sequentially to destinations on the System routing table. If shares
remain unexecuted after routing, they are sent to the NYSE. The
Exchange proposes to modify this strategy to provide that any
unexecuted shares can be re-routed by the NYSE and any remainder after
routing will be posted to the NYSE book, unless otherwise instructed by
the User. The phrase ``unless otherwise instructed by the User'' is
proposed to be added to the rule to account for the fact that if a User
sends an IOC order, it will not post to the NYSE book.
Rule 11.9(b)(3)(i) provides that the RDOX routing option checks the
System for available shares and then is sent to the NYSE. The Exchange
proposes to amend this strategy to provide that the unexecuted shares
can be re-routed by the NYSE and any remainder after routing will be
posted to the NYSE book, unless otherwise instructed by the User. The
phrase ``unless otherwise instructed by the User'' is proposed to be
added to the rule to account for the fact that if a User sends an IOC
order, it will not post to the NYSE book.
The Exchange also proposes to amend Rule 11.9(b)(3)(n), which
currently has an incorrect cross reference to the ROUT routing option
as being in paragraph (h) in its description. The Exchange proposes to
correct the citation to cross reference paragraph (c) for the ROUT
routing option.
The Exchange believes the proposed modification of the routing
options described above will provide additional specificity to the
Exchange's rulebook regarding routing strategies and will further
enhance transparency with respect to Exchange routing offerings.
2. Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\5\ which requires the rules of an
exchange 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. The proposed changes to the two routing options
described above will provide additional specificity to the Exchange's
rulebook regarding routing strategies and will further enhance
transparency with respect to Exchange routing offerings.
---------------------------------------------------------------------------
\5\ 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 \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 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.\8\ However,
Rule 19b-4(f)(6)(iii) \9\ 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 requested that the Commission
waive the 30-day operative delay. The Exchange notes that waiver of
this requirement will allow the Exchange to offer Exchange Users the
modified routing strategies, on or about December 5, 2011. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
[[Page 74093]]
interest because such waiver would allow the modified routing
strategies to become available on or about December 5, 2011, and would
immediately provide additional specificity to the Exchange's rules
regarding routing strategies and further enhance transparency with
respect to Exchange routing offerings. For this reason, the Commission
designates the proposed rule change to be operative upon filing with
the Commission.\10\
---------------------------------------------------------------------------
\8\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
\9\ Id.
\10\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
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 email to rule-comments@sec.gov. Please include
File Number SR-EDGA-2011-37 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-EDGA-2011-37. This file
number should be included on the subject line if email 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-EDGA-2011-37 and should be
submitted on or before December 21, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30830 Filed 11-29-11; 8:45 am]
BILLING CODE 8011-01-P