Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Optional Anti-Internalization Functionality, 76793-76795 [2011-31477]

Download as PDF Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Notices 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 filings also will be available for inspection and copying at OCC’s principal office and OCC’s Web site (https://www.theocc. com/components/docs/legal/rules_and_ bylaws/sr_occ_11_16.pdf). 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 No. SR–OCC–2011–16 and should be submitted on or before December 29, 2011. For the Commission by the Division of Trading and Markets, pursuant to delegated authority.7 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2011–31478 Filed 12–7–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–65869; File No. SR–Phlx– 2011–161] Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Optional Anti-Internalization Functionality mstockstill on DSK4VPTVN1PROD with NOTICES December 2, 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 November 22, 2011, NASDAQ OMX PHLX LLC (‘‘PHLX’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the 7 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange has designated the proposed rule change as constituting a rule change under Rule 19b–4(f)(6) under the Act,3 which renders the proposal 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 is filing with the Securities and Exchange Commission (‘‘Commission’’) a proposed rule change to modify its optional antiinternalization functionality. The text of the proposed rule change is available at https:// www.nasdaqtrader.com/ micro.aspx?id=PHLXRulefilings, 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 Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to provide a more granular alternative to the voluntary anti-internalization functionality. Under the proposal, market participants will be given the additional options of (1) assigning a group identification modifier at the port level; and (2) assigning different antiinternalization methodology to specific order entry ports. Currently, anti-internalization processing is available only on an MPID-wide basis with only a single methodology being allowed per MPID. Market participants direct that a particular version of anti-internalization processing be applied to a particular MPID, which is then applied by the system to all quotes/orders entered using that MPID. Market participants have the option, when entering quotes/ orders using the same MPID they do not wish to have automatically interact with each other in the System, to either direct the System to not execute any part of the interacting quotes/orders from the same MPID and, instead, cancel share amounts of the interacting quotes/orders back to the entering party with an arrangement that takes into consideration the size of the interacting quotes/orders (Decrement); or, regardless of the size of the interacting quotes/orders, cancelling the oldest of them in full (Cancel Oldest).4 Under the proposal, market participants entering quotes/orders under a specific MPID may voluntarily assign a unique group identification modifier that represents a group of quotes/orders from the same market participant identifier and order entry port (‘‘Group ID’’). The Group ID will be a two-character code composed of alphanumerics and/or spaces, assigned to a specific order entry port and updated by the Exchange on behalf of the market participant. This additional option will direct the System to execute any so designated incoming quotes/ orders against all eligible resting quotes/ orders except those with the both the same MPID and same Group ID. If the market participant selects the option of utilizing the Group ID, the anti-internalization selection will be applied to all quotes/orders entered using both the same MPID and the same Group ID. If the incoming order has both the same MPID and the same Group ID, the two orders will not execute against each other. If the two orders have the same MPID and different Group IDs, then the order will be eligible to execute against each other as designated by the anti-internalization method. For example: 1. Incoming order ‘‘A’’ has an MPID of ‘‘ABCD’’ and Group ID ‘‘A1’’, resting order ‘‘B’’ has an MPID of ‘‘ABCD’’ and Group ID ‘‘A1’’: in this scenario, these two orders would not execute against each other. 2. Incoming order ‘‘C’’ has an MPID of ‘‘EFGH’’ and Group ID ‘‘XY’’, resting order ‘‘D’’ has an MPID of ‘‘EFGH’’ and Group ID ‘‘ZZ’’: in this scenario, these two orders would execute against each other. Additionally, market participants will now have the option to assign a different anti-internalization methodology (Decrement or Cancel Oldest) to different order entry ports. The anti-internalization method assigned to the port sending the 1 15 VerDate Mar<15>2010 15:59 Dec 07, 2011 3 17 Jkt 226001 PO 00000 CFR 240.19b–4(f)(6). Frm 00105 Fmt 4703 4 See Sfmt 4703 76793 E:\FR\FM\08DEN1.SGM Exchange Rule 3307(a)(4). 08DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 76794 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Notices incoming order will determine which methodology is applied to the orders prevented from matching. For example: FIRM XX (MPID ‘‘ABCD’’) utilizes three ports and has elected to assign Group IDs to their order entry ports for the purpose of anti-internalization. Additionally, the market participant selected different anti-internalization methodologies per port as follows: Port 1: Group ID A1; Antiinternalization methodology: Decrement. Port 2: Group ID A1; Antiinternalization methodology: Cancel Oldest. Port 3: Group ID B1; Antiinternalization methodology: Cancel Oldest. If an incoming order from Port 1 tries to interact with a resting order from Port 3, the orders will execute because they have the same MPID but different Group IDs. If an incoming order from Port 1 tries to interact with a resting order from Port 2, then the anti-internalization method selected for Port 1 will apply to the order. In this case, the Decrement method would apply. If an incoming order from Port 2 tries to interact with a resting order from Port 1, then the anti-internalization method selected for Port 2 will apply. In this case, the Cancel Oldest methodology would apply. Anti-internalization functionality is designed to assist market participants in complying with certain rules and regulations of the Employee Retirement Income Security Act (‘‘ERISA’’) that preclude and/or limit managing brokerdealers of such accounts from trading as principal with orders generated for those accounts. It can also assist market participants in reducing execution fees potentially resulting from the interaction of executable buy and sell trading interest from the same firm. The Exchange notes that use of the functionality does not relieve or otherwise modify the duty of best execution owed to orders received from public customers. As such, market participants using anti-internalization functionality will need to take appropriate steps to ensure that public customer orders that do not execute because of the use of anti-internalization functionality ultimately receive the same execution price (or better) they would have originally obtained if execution of the order was not inhibited by the functionality. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with VerDate Mar<15>2010 15:59 Dec 07, 2011 Jkt 226001 the provisions of Section 6 of the Act,5 in general, and with Sections 6(b)(5) of the Act,6 in particular, in that the proposal 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 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, the Group ID allows firms to better manage order flow and prevent undesirable executions against themselves. The Exchange notes that a similar functionality was effective upon filing with the Commission for EDGX Exchange, Inc.7 B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. 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. 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 Act8 and Rule 19b– 4(f)(6) thereunder.9 5 15 U.S.C. 78f. U.S.C. 78f(b)(5). 7 See EDGX Exchange, Inc. Rule 11.9(f); Securities and Exchange Release No. 53428 (December 3, 2010), 75 FR 76763 (December 9, 2010)(SR–EDGX– 2010–18), which was based on NYSEArca Equities Rule 7.31(qq). The Exchange’s current proposal differs from EDGX Rule 11.9(f) and NYSEArca Equities Rule 7.31(qq) in that there are additional methods relating to additional modifiers that do not apply to the Exchange. Furthermore, EDGX utilizes the additional identity modifier at the port level as well as at the order level. 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(6). 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 6 15 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 A proposed rule change filed pursuant to Rule 19b–4(f)(6) under the Act 10 normally does not become operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6) 11 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange requests that the Commission waive the 30-day operative delay so that the Exchange may immediately offer its market participants the ability to better manage their order flow and prevent undesirable executions with themselves, which in turn may decrease costs to customers of such firms. The Commission notes that the proposal is based on similar rules of other exchanges 12 and believes that waiving the 30-day operative delay 13 is consistent with the protection of investors and the public interest. Therefore, the Commission designates the proposal operative upon filing. 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 rulecomments@sec.gov. Please include File Number SR–Phlx-2011–161 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. prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. 10 17 CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6). 12 See EDGX Exchange, Inc. Rule 11.9(f) and NYSEArca Equities Rule 7.31(qq). 13 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Notices All submissions should refer to File Number SR–Phlx-2011–161. 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,14 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 publicly available. All submissions should refer to File Number SR-Phlx2011-161 and should be submitted on or before December 29, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.15 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2011–31477 Filed 12–7–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION mstockstill on DSK4VPTVN1PROD with NOTICES Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Optional Anti-Internalization Functionality December 2, 2011. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 14 The text of the proposed rule change is available on the Commission’s Web site at https:// www.sec.gov/rules/sro.shtml. 15 17 CFR 200.30–3(a)(12). 15:59 Dec 07, 2011 Jkt 226001 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change NASDAQ is filing with the Securities and Exchange Commission (‘‘Commission’’) a proposed rule change to modify its optional antiinternalization functionality. The text of the proposed rule change is available at https:// nasdaq.cchwallstreet.com, at NASDAQ’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, NASDAQ 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. NASDAQ 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 [Release No. 34–65868; File No. SR– NASDAQ–2011–158] VerDate Mar<15>2010 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on November 22, 2011, The NASDAQ Stock Market LLC (‘‘NASDAQ’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. NASDAQ has designated the proposed rule change as constituting a rule change under Rule 19b–4(f)(6) under the Act,3 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1. Purpose NASDAQ is proposing to provide a more granular alternative to the voluntary anti-internalization functionality. Under the proposal, market participants will be given the additional options of (1) assigning a group identification modifier at the port level; and (2) assigning different antiinternalization methodology to specific order entry ports. 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6). Currently, anti-internalization processing is available only on an MPID-wide basis with only a single methodology being allowed per MPID. Market participants direct that a particular version of anti-internalization processing be applied to a particular MPID, which is then applied by the system to all quotes/orders entered using that MPID. Market participants have the option, when entering quotes/ orders using the same MPID they do not wish to have automatically interact with each other in the System, to either direct the System to not execute any part of the interacting quotes/orders from the same MPID and, instead, cancel share amounts of the interacting quotes/orders back to the entering party with an arrangement that takes into consideration the size of the interacting quotes/orders (Decrement); or, regardless of the size of the interacting quotes/orders, cancelling the oldest of them in full (Cancel Oldest).4 Under the proposal, market participants entering quotes/orders under a specific MPID may voluntarily assign a unique group identification modifier that represents a group of quotes/orders from the same market participant identifier and order entry port (‘‘Group ID’’). The Group ID will be a two-character code composed of alphanumerics and/or spaces, assigned to a specific order entry port and updated by NASDAQ on behalf of the market participant. This additional option will direct the System to execute any so designated incoming quotes/ orders against all eligible resting quotes/ orders except those with the both the same MPID and same Group ID. If the market participant selects the option of utilizing the Group ID, the anti-internalization selection will be applied to all quotes/orders entered using both the same MPID and the same Group ID. If the incoming order has both the same MPID and the same Group ID, the two orders will not execute against each other. If the two orders have the same MPID and different Group IDs, then the order will be eligible to execute against each other as designated by the anti-internalization method. For example: 1. Incoming order ‘‘A’’ has an MPID of ‘‘ABCD’’ and Group ID ‘‘A1,’’ resting order ‘‘B’’ has an MPID of ‘‘ABCD’’ and Group ID ‘‘A1’’: in this scenario, these two orders would not execute against each other. 2. Incoming order ‘‘C’’ has an MPID of ‘‘EFGH’’ and Group ID ‘‘XY,’’ resting order ‘‘D’’ has an MPID of ‘‘EFGH’’ and Group ID ‘‘ZZ’’: in this scenario, these 2 17 PO 00000 Frm 00107 Fmt 4703 4 See Sfmt 4703 76795 E:\FR\FM\08DEN1.SGM Exchange Rule 4757(a)(4). 08DEN1

Agencies

[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Notices]
[Pages 76793-76795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31477]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65869; File No. SR-Phlx-2011-161]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Modify 
Its Optional Anti-Internalization Functionality

 December 2, 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 November 22, 2011, NASDAQ OMX PHLX LLC (``PHLX'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated the proposed rule change as constituting a rule change 
under Rule 19b-4(f)(6) under the Act,\3\ which renders the proposal 
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\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission 
(``Commission'') a proposed rule change to modify its optional anti-
internalization functionality.
    The text of the proposed rule change is available at https://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings, 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 Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to provide a more granular alternative to 
the voluntary anti-internalization functionality. Under the proposal, 
market participants will be given the additional options of (1) 
assigning a group identification modifier at the port level; and (2) 
assigning different anti-internalization methodology to specific order 
entry ports.
    Currently, anti-internalization processing is available only on an 
MPID-wide basis with only a single methodology being allowed per MPID. 
Market participants direct that a particular version of anti-
internalization processing be applied to a particular MPID, which is 
then applied by the system to all quotes/orders entered using that 
MPID. Market participants have the option, when entering quotes/orders 
using the same MPID they do not wish to have automatically interact 
with each other in the System, to either direct the System to not 
execute any part of the interacting quotes/orders from the same MPID 
and, instead, cancel share amounts of the interacting quotes/orders 
back to the entering party with an arrangement that takes into 
consideration the size of the interacting quotes/orders (Decrement); 
or, regardless of the size of the interacting quotes/orders, cancelling 
the oldest of them in full (Cancel Oldest).\4\
---------------------------------------------------------------------------

    \4\ See Exchange Rule 3307(a)(4).
---------------------------------------------------------------------------

    Under the proposal, market participants entering quotes/orders 
under a specific MPID may voluntarily assign a unique group 
identification modifier that represents a group of quotes/orders from 
the same market participant identifier and order entry port (``Group 
ID''). The Group ID will be a two-character code composed of 
alphanumerics and/or spaces, assigned to a specific order entry port 
and updated by the Exchange on behalf of the market participant. This 
additional option will direct the System to execute any so designated 
incoming quotes/orders against all eligible resting quotes/orders 
except those with the both the same MPID and same Group ID.
    If the market participant selects the option of utilizing the Group 
ID, the anti-internalization selection will be applied to all quotes/
orders entered using both the same MPID and the same Group ID. If the 
incoming order has both the same MPID and the same Group ID, the two 
orders will not execute against each other. If the two orders have the 
same MPID and different Group IDs, then the order will be eligible to 
execute against each other as designated by the anti-internalization 
method. For example:

    1. Incoming order ``A'' has an MPID of ``ABCD'' and Group ID 
``A1'', resting order ``B'' has an MPID of ``ABCD'' and Group ID 
``A1'': in this scenario, these two orders would not execute against 
each other.
    2. Incoming order ``C'' has an MPID of ``EFGH'' and Group ID 
``XY'', resting order ``D'' has an MPID of ``EFGH'' and Group ID 
``ZZ'': in this scenario, these two orders would execute against 
each other.

    Additionally, market participants will now have the option to 
assign a different anti-internalization methodology (Decrement or 
Cancel Oldest) to different order entry ports. The anti-internalization 
method assigned to the port sending the

[[Page 76794]]

incoming order will determine which methodology is applied to the 
orders prevented from matching. For example:
    FIRM XX (MPID ``ABCD'') utilizes three ports and has elected to 
assign Group IDs to their order entry ports for the purpose of anti-
internalization. Additionally, the market participant selected 
different anti-internalization methodologies per port as follows:
    Port 1: Group ID A1; Anti-internalization methodology: Decrement.
    Port 2: Group ID A1; Anti-internalization methodology: Cancel 
Oldest.
    Port 3: Group ID B1; Anti-internalization methodology: Cancel 
Oldest.
    If an incoming order from Port 1 tries to interact with a resting 
order from Port 3, the orders will execute because they have the same 
MPID but different Group IDs.
    If an incoming order from Port 1 tries to interact with a resting 
order from Port 2, then the anti-internalization method selected for 
Port 1 will apply to the order. In this case, the Decrement method 
would apply.
    If an incoming order from Port 2 tries to interact with a resting 
order from Port 1, then the anti-internalization method selected for 
Port 2 will apply. In this case, the Cancel Oldest methodology would 
apply.
    Anti-internalization functionality is designed to assist market 
participants in complying with certain rules and regulations of the 
Employee Retirement Income Security Act (``ERISA'') that preclude and/
or limit managing broker-dealers of such accounts from trading as 
principal with orders generated for those accounts. It can also assist 
market participants in reducing execution fees potentially resulting 
from the interaction of executable buy and sell trading interest from 
the same firm. The Exchange notes that use of the functionality does 
not relieve or otherwise modify the duty of best execution owed to 
orders received from public customers. As such, market participants 
using anti-internalization functionality will need to take appropriate 
steps to ensure that public customer orders that do not execute because 
of the use of anti-internalization functionality ultimately receive the 
same execution price (or better) they would have originally obtained if 
execution of the order was not inhibited by the functionality.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\5\ in general, and with 
Sections 6(b)(5) of the Act,\6\ in particular, in that the proposal 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 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, 
the Group ID allows firms to better manage order flow and prevent 
undesirable executions against themselves. The Exchange notes that a 
similar functionality was effective upon filing with the Commission for 
EDGX Exchange, Inc.\7\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ See EDGX Exchange, Inc. Rule 11.9(f); Securities and 
Exchange Release No. 53428 (December 3, 2010), 75 FR 76763 (December 
9, 2010)(SR-EDGX-2010-18), which was based on NYSEArca Equities Rule 
7.31(qq). The Exchange's current proposal differs from EDGX Rule 
11.9(f) and NYSEArca Equities Rule 7.31(qq) in that there are 
additional methods relating to additional modifiers that do not 
apply to the Exchange. Furthermore, EDGX utilizes the additional 
identity modifier at the port level as well as at the order level.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended.

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.

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\8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \10\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6) \11\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange requests 
that the Commission waive the 30-day operative delay so that the 
Exchange may immediately offer its market participants the ability to 
better manage their order flow and prevent undesirable executions with 
themselves, which in turn may decrease costs to customers of such 
firms. The Commission notes that the proposal is based on similar rules 
of other exchanges \12\ and believes that waiving the 30-day operative 
delay \13\ is consistent with the protection of investors and the 
public interest. Therefore, the Commission designates the proposal 
operative upon filing.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ See EDGX Exchange, Inc. Rule 11.9(f) and NYSEArca Equities 
Rule 7.31(qq).
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-Phlx-2011-161 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.

[[Page 76795]]

    All submissions should refer to File Number SR-Phlx-2011-161. 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,\14\ 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 publicly available. All 
submissions should refer to File Number SR-Phlx-2011-161 and should be 
submitted on or before December 29, 2011.
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    \14\ The text of the proposed rule change is available on the 
Commission's Web site at https://www.sec.gov/rules/sro.shtml.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31477 Filed 12-7-11; 8:45 am]
BILLING CODE 8011-01-P
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