Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend EDGX Rule 1.5(q), 3541-3542 [2012-1286]
Download as PDF
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Notices
continues to be concerned about
potential unfair competition and
conflicts of interest between an
exchange’s self-regulatory obligations
and its commercial interest when the
exchange is affiliated with one of its
members, for the reasons discussed
below, the Commission believes that it
is consistent with the Act to permit
NES, in its capacity as a facility of
Nasdaq, to provide inbound routing to
the Exchange on a permanent basis
instead of a pilot basis, subject to the
other conditions described above.
The Exchange has proposed four
ongoing conditions applicable to NES’s
inbound routing activities in its capacity
as a facility of Nasdaq, which are
enumerated above. The Commission
believes that these conditions mitigate
its concerns about potential conflicts of
interest and unfair competitive
advantage. In particular, the
Commission believes that FINRA’s
oversight of NES,23 combined with
FINRA’s monitoring of NES’s
compliance with the Exchange’s rules
and quarterly reporting to Phlx’s CRO,
will help to protect the independence of
the Exchange’s regulatory
responsibilities with respect to NES.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,24 that the
proposed rule change (SR–Phlx–2011–
170) be, and hereby is, approved.
For the Commission, by the Division
of Trading and Markets, pursuant to
delegated authority.25
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–1288 Filed 1–23–12; 8:45 am]
srobinson on DSK4SPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
combination of NYSE Euronext and the American
Stock Exchange LLC); 59135 (December 22, 2008),
73 FR 79954 (December 30, 2008) (SR–ISE–2009–
85) (order approving the purchase by ISE Holdings
of an ownership interest in DirectEdge Holdings
LLC); and 59281 (January 22, 2009), 74 FR 5014
(January 28, 2009) (SR–NYSE–2008–120) (order
approving a joint venture between NYSE and BIDS
Holdings L.P.).
23 This oversight will be accomplished through
the FINRA RSA between the Exchange and FINRA,
and, as applicable, a 17d–2 Agreement. See PSX
Approval Order, 75 FR at 56638, n.80 and
accompanying text.
24 15 U.S.C. 78s(b)(2).
25 17 CFR 200.30–3(a)(12).
VerDate Mar<15>2010
17:25 Jan 23, 2012
Jkt 226001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66176; File No. SR–EDGX–
2012–03]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Amend EDGX Rule
1.5(q)
January 18, 2012.
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 January
13, 2012, 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 and II below, which items 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
EDGX Exchange, Inc. (‘‘EDGX’’ or the
‘‘Exchange’’), proposes to amend EDGX
Rule 1.5(q) to change the starting time
of the Pre-Opening Session from 7 a.m.
Eastern Time (‘‘ET’’) to 8 a.m. ET. The
Exchange proposes to make a
conforming amendment to Rule
14.1(c)(2) to change the reference for the
starting time of the Pre-Opening Session
from 7 a.m. ET to 8 a.m. ET. Through
this filing, the Exchange proposes to
amend the rule text from SR–EDGX–
2011–27,3 which proposed to change
the Pre-Opening Session starting time to
7 a.m. ET. The text of the proposed rule
change is attached as Exhibit 5 and is
available on the Exchange’s Web site at
www.directedge.com, at the Exchange’s
principal office, and at the Public
Reference Room of the Commission.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 65197
(August 25, 2011), 76 FR 54281 (August 31, 2011)
(SR–EDGX–2011–27). For the purposes of this
filing, the Exchange will refer to SR–EDGX–2011–
27 as the ‘‘August 25 Rule Filing.’’ Given that the
August 25 Rule Filing was immediately effective
but not operative, the Exchange proposes to amend
its rule text in this filing.
2 17
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
3541
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 filed a rule change to
amend EDGX Rule 1.5(q) to change the
starting time of the Pre-Opening Session
from 8 a.m. ET to 7 a.m. ET.4 This
change would have allowed the
Exchange to compete with other
exchanges that open their markets for
entry of orders prior to 8 a.m. ET.5 The
Exchange proposes to amend the rule
text of its August 25 Rule Filing at this
time in order to accommodate Members
who initially expressed an interest in
the change in Pre-Opening Session time
to begin at 7 a.m. ET; but, after further
consideration, Members confirmed that
they were no longer interested because
the additional costs and resources
needed to open earlier outweighed any
incidental benefits from increased
trading activity that they would incur.
As such, based on the Exchange’s
feedback from Members it surveyed in
September 2011, the Exchange
confirmed that no Members adversely
relied upon the August 25 Rule Filing.
At this time, the Exchange has not
implemented the 7 a.m. ET starting time
for the Pre-Opening Session because it
has not notified its Members pursuant to
the language in the August 25 Rule
Filing.6 In addition, the Exchange notes
Members are not adversely impacted by
the amendment to the rule text of the
August 25 Rule Filing as no Members
were required to incur any costs or
make any changes to their systems to
comply with the earlier Pre-Opening
time if they were not planning to trade
beginning at 7 a.m. ET.
4 Id. The Exchange initially proposed to expand
its operational hours to open the System earlier so
that Members could enter and execute orders
beginning at 7 a.m. ET rather than 8 a.m. ET.
5 See The NASDAQ Stock Market LLC Rule 4617
(opens at 7 a.m. EST). See also NASDAQ OMX BX
Rule 4617 (opens at 7 a.m. EST); NYSE Arca
Equities Rule 7.34 (opens at 1 a.m. Pacific Time).
6 See Securities Exchange Act Release No. 65197
(August 25, 2011), 76 FR 54281 (August 31, 2011)
(SR–EDGX–2011–27), stating the Exchange will
provide notice to Members in an information
circular when the proposed rule change will be
effective, which will be no later than January 1,
2012.
E:\FR\FM\24JAN1.SGM
24JAN1
3542
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Notices
Based on the foregoing, the Exchange
proposes to amend Rule 1.5(q) and make
a conforming amendment to Rule
14.1(c)(2) to change the starting time of
the Pre-Opening Session from 7 a.m. ET
back to 8 a.m. ET as it appeared before
the August 25 Rule Filing.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6(b)(5) of the
Act,7 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. The
Exchange believes that amending its
rule text from the August 25 Rule Filing
will afford the Exchange additional time
to evaluate the potential benefits of an
earlier starting time for the Pre-Opening
Session. In addition, the Exchange
believes that it is not discriminating
against its Members given that the
Exchange contacted Members to discuss
amending the text of the August 25 Rule
Filing, and the Exchange confirmed that
no Members had adjusted their
infrastructure or incurred any costs in
reliance on the August 25 Rule Filing.
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.
srobinson on DSK4SPTVN1PROD with NOTICES
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
7 15
U.S.C. 78f(b)(5).
VerDate Mar<15>2010
17:25 Jan 23, 2012
Jkt 226001
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)(iii) thereunder.9
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.10 However, Rule 19b–
4(f)(6)(iii) 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 has requested that the
Commission waive the 30-day operative
delay. The Exchange notes that waiver
of this requirement will permit the
Exchange to immediately remove
language from its rules that could
otherwise create confusion for Members
because the 7 a.m. ET start time has not
been implemented.12 The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest because such waiver would
allow the Exchange to avoid confusion
among its Members and would
immediately provide certainty with
respect to the Exchange’s rules
regarding the start time for the PreOpening Session. For this reason, the
Commission designates the proposed
rule change to be operative upon filing
with the Commission.13
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
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
10 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.
11 Id.
12 See Securities Exchange Act Release No. 65197
(August 25, 2011), 76 FR 54281 (August 31, 2011)
(SR–EDGX–2011–27), stating the Exchange will
provide notice to Members in an information
circular when the proposed rule change will be
effective, which will be no later than January 1,
2012.
13 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).
9 17
PO 00000
Frm 00110
Fmt 4703
Sfmt 9990
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–EDGX–2012–03 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–EDGX–2012–03. 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–EDGX–
2012–03 and should be submitted on or
before February 14, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–1286 Filed 1–23–12; 8:45 am]
BILLING CODE 8011–01–P
14 17
E:\FR\FM\24JAN1.SGM
CFR 200.30–3(a)(12).
24JAN1
Agencies
[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Pages 3541-3542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1286]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66176; File No. SR-EDGX-2012-03]
Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Amend
EDGX Rule 1.5(q)
January 18, 2012.
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 January 13, 2012, 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 and
II below, which items 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
EDGX Exchange, Inc. (``EDGX'' or the ``Exchange''), proposes to
amend EDGX Rule 1.5(q) to change the starting time of the Pre-Opening
Session from 7 a.m. Eastern Time (``ET'') to 8 a.m. ET. The Exchange
proposes to make a conforming amendment to Rule 14.1(c)(2) to change
the reference for the starting time of the Pre-Opening Session from 7
a.m. ET to 8 a.m. ET. Through this filing, the Exchange proposes to
amend the rule text from SR-EDGX-2011-27,\3\ which proposed to change
the Pre-Opening Session starting time to 7 a.m. ET. The text of the
proposed rule change is attached as Exhibit 5 and is available on the
Exchange's Web site at www.directedge.com, at the Exchange's principal
office, and at the Public Reference Room of the Commission.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 65197 (August 25,
2011), 76 FR 54281 (August 31, 2011) (SR-EDGX-2011-27). For the
purposes of this filing, the Exchange will refer to SR-EDGX-2011-27
as the ``August 25 Rule Filing.'' Given that the August 25 Rule
Filing was immediately effective but not operative, the Exchange
proposes to amend its rule text in this filing.
---------------------------------------------------------------------------
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 filed a rule change to amend EDGX Rule 1.5(q) to
change the starting time of the Pre-Opening Session from 8 a.m. ET to 7
a.m. ET.\4\ This change would have allowed the Exchange to compete with
other exchanges that open their markets for entry of orders prior to 8
a.m. ET.\5\ The Exchange proposes to amend the rule text of its August
25 Rule Filing at this time in order to accommodate Members who
initially expressed an interest in the change in Pre-Opening Session
time to begin at 7 a.m. ET; but, after further consideration, Members
confirmed that they were no longer interested because the additional
costs and resources needed to open earlier outweighed any incidental
benefits from increased trading activity that they would incur. As
such, based on the Exchange's feedback from Members it surveyed in
September 2011, the Exchange confirmed that no Members adversely relied
upon the August 25 Rule Filing.
---------------------------------------------------------------------------
\4\ Id. The Exchange initially proposed to expand its
operational hours to open the System earlier so that Members could
enter and execute orders beginning at 7 a.m. ET rather than 8 a.m.
ET.
\5\ See The NASDAQ Stock Market LLC Rule 4617 (opens at 7 a.m.
EST). See also NASDAQ OMX BX Rule 4617 (opens at 7 a.m. EST); NYSE
Arca Equities Rule 7.34 (opens at 1 a.m. Pacific Time).
---------------------------------------------------------------------------
At this time, the Exchange has not implemented the 7 a.m. ET
starting time for the Pre-Opening Session because it has not notified
its Members pursuant to the language in the August 25 Rule Filing.\6\
In addition, the Exchange notes Members are not adversely impacted by
the amendment to the rule text of the August 25 Rule Filing as no
Members were required to incur any costs or make any changes to their
systems to comply with the earlier Pre-Opening time if they were not
planning to trade beginning at 7 a.m. ET.
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 65197 (August 25,
2011), 76 FR 54281 (August 31, 2011) (SR-EDGX-2011-27), stating the
Exchange will provide notice to Members in an information circular
when the proposed rule change will be effective, which will be no
later than January 1, 2012.
---------------------------------------------------------------------------
[[Page 3542]]
Based on the foregoing, the Exchange proposes to amend Rule 1.5(q)
and make a conforming amendment to Rule 14.1(c)(2) to change the
starting time of the Pre-Opening Session from 7 a.m. ET back to 8 a.m.
ET as it appeared before the August 25 Rule Filing.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b)(5) of the Act,\7\ 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.
The Exchange believes that amending its rule text from the August 25
Rule Filing will afford the Exchange additional time to evaluate the
potential benefits of an earlier starting time for the Pre-Opening
Session. In addition, the Exchange believes that it is not
discriminating against its Members given that the Exchange contacted
Members to discuss amending the text of the August 25 Rule Filing, and
the Exchange confirmed that no Members had adjusted their
infrastructure or incurred any costs in reliance on the August 25 Rule
Filing.
---------------------------------------------------------------------------
\7\ 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 \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 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.\10\
However, Rule 19b-4(f)(6)(iii) \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 has requested that the
Commission waive the 30-day operative delay. The Exchange notes that
waiver of this requirement will permit the Exchange to immediately
remove language from its rules that could otherwise create confusion
for Members because the 7 a.m. ET start time has not been
implemented.\12\ The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver would allow the Exchange to avoid
confusion among its Members and would immediately provide certainty
with respect to the Exchange's rules regarding the start time for the
Pre-Opening Session. For this reason, the Commission designates the
proposed rule change to be operative upon filing with the
Commission.\13\
---------------------------------------------------------------------------
\10\ 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.
\11\ Id.
\12\ See Securities Exchange Act Release No. 65197 (August 25,
2011), 76 FR 54281 (August 31, 2011) (SR-EDGX-2011-27), stating the
Exchange will provide notice to Members in an information circular
when the proposed rule change will be effective, which will be no
later than January 1, 2012.
\13\ 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-EDGX-2012-03 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-EDGX-2012-03. 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-EDGX-2012-03 and should be
submitted on or before February 14, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-1286 Filed 1-23-12; 8:45 am]
BILLING CODE 8011-01-P