Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend EDGX Rule 11.5(c) (NBBO Offset Peg Order), 2477-2478 [2013-00433]

Download as PDF Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices SECURITIES AND EXCHANGE COMMISSION [Release No. 34–68596; File No. SR–EDGX– 2012–49] Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend EDGX Rule 11.5(c) (NBBO Offset Peg Order) January 7, 2013. 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 December 27, 2012, the EDGX Exchange, Inc. (the ‘‘Exchange’’ or ‘‘EDGX’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which items have been prepared by the 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 amend Rule 11.5(c), which describes the manner in which the NBBO Offset Peg Order operates. All of the changes described herein are applicable to EDGX Members. The text of the proposed rule change is available on the Exchange’s Internet 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 self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of 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. mstockstill on DSK4VPTVN1PROD with A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend Rule 11.5(c), the NBBO Offset Peg 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. VerDate Mar<15>2010 16:38 Jan 10, 2013 Jkt 229001 Order. As described in the Exchange’s filing to create the NBBO Offset Peg Order,3 the NBBO Offset Peg Order enables Users 4 to submit buy and sell orders to the Exchange that are pegged to a designated percentage away from the National Best Bid (the ‘‘NBB’’) and National Best Offer (the ‘‘NBO’’, and together with the NBB, the ‘‘NBBO’’), respectively, while providing them full control over order origination and order marking. This retention of control, in turn, enables Market Makers to comply independently with the requirements of Regulation SHO 5 under the Securities Exchange Act of 1934 (the ‘‘Act’’) and Rule 15c3–5 6 under the Act (the ‘‘Market Access Rule’’). As described in the Exchange’s filing to create the NBBO Offset Peg Order: Upon entry and at any time the price of the order reached the ‘Defined Limit’, or moved a specified number of percentage points away from the ‘Designated Percentage’ toward the then current NBB (for NBBO Offset Peg Orders to buy) or NBO (for NBBO Offset Peg Orders to sell), the price of the NBBO Offset Peg Order would be automatically adjusted by the System to the Designated Percentage away from the then current NBB or NBO, as the case may be. In the event that there was no NBB or NBO, the price of the NBBO Offset Peg Order would be automatically adjusted by the System to the Designated Percentage away from the last reported sale from the responsible single plan processor, unless the User instructed the Exchange upon entry to cancel or reject the order under such circumstances.7 The Exchange proposes to amend the text of Rule 11.5(c)(15) to not allow the User to cancel or reject the order under the circumstances outlined above. Therefore, the Exchange proposes to delete the following text in Rule 11.5(c)(15): ‘‘unless instructed by the User upon order entry to cancel or reject rather than adjust based on the last reported sale from the single plan processor.’’ The text of the rule will now read that: [u]pon reaching the Defined Limit (as defined in Rule 11.21(d)(2)(F)), the price of an NBBO Offset Peg Order bid or offer will be automatically adjusted by the System to the Designated Percentage away from the then current NBB or NBO, respectively, or if there is no NBB or NBO at such time, to the Designated Percentage away from the last reported sale from the responsible single plan processor. If an NBBO Offset Peg Order bid or offer moves a specified number of 3 See Securities Exchange Act Release No. 67959 (October 2, 2012), 77 FR 61449 (October 9, 2012) (SR–EDGX–2012–44). 4 As defined in Rule 1.5(ee). 5 17 CFR 242.200 through 242.204. 6 17 CFR 242.15c3–5. 7 See Securities Exchange Act Release No. 67959 (October 2, 2012), 77 FR 61449 (October 9, 2012) (SR–EDGX–2012–44). PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 2477 percentage points away from the Designated Percentage toward the then current NBB or NBO, the price of such bid or offer will be automatically adjusted by the System to the Designated Percentage away from the then current NBB and NBO. If there is no NBB or NBO at such time, the order will be automatically adjusted by the System to the Designated Percentage away from the last reported sale from the responsible single plan processor. Thus, when processing NBBO Offset Peg Orders, the System will not condition adjustment of the price upon the User’s instructions. The Exchange originally stated in SR– EDGX–2012–44 that it ‘‘intends to implement the proposed rule change on or about November 19, 2012, and will notify its Members and other market participants in an information circular to be posted on the Exchange’s Web site.’’ 8 The Exchange proposes to revise this implementation date to on or about April 15, 2013. This additional time will enable the Exchange to assess the usefulness of the NBBO Offset Peg Order in light of the upcoming implementation of the National Market System Plan to Address Extraordinary Market Volatility (as amended, the ‘‘Plan’’) as approved by the Commission 9 and proposed changes to market making quoting requirements through uniform industry-wide amendments to Designated Percentages 10 and Defined Limits 11 to realign the percentages based on the Plan’s Appendix A Percentage Parameters. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 12 and furthers the objectives of Section 6(b)(5) of the Act,13 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 facilitating transactions in securities, and to remove impediments to and perfect the mechanisms 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 the proposed rule filing meets these requirements because it eliminates certain rule text to 8 See Securities Exchange Act Release No. 67959 (October 2, 2012), 77 FR 61449 (October 9, 2012) (SR–EDGX–2012–44). 9 See Securities Exchange Release No. 67091 (May 31, 2012), 77 FR 33498 (June 6, 2012) (approving the Plan on a pilot basis). 10 As defined in Rule 11.21(d)(2)(D). 11 As defined in Rule 11.21(d)(2)(F). 12 15 U.S.C. 78f(b). 13 15 U.S.C. 78f(b)(5). E:\FR\FM\11JAN1.SGM 11JAN1 2478 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices conform with NASDAQ’s Market Maker Peg Order, which is a similar order type to the NBBO Offset Peg Order,14 and updates the implementation date in light of the Plan and proposed changes to market making quoting requirements. Thus, the Exchange believes that the proposed rule change promotes the efficient execution of investor transactions, and thus investor confidence, over the long term. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. The proposed rule change will increase competition among the exchanges because the NBBO Offset Peg Order will directly compete with substantially similar existing order types offered by other exchanges.15 C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action mstockstill on DSK4VPTVN1PROD with 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 after the date of the filing, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and Rule 19b– 4(f)(6) 17 thereunder. 14 See Securities Exchange Act Release No. 67584 (August 2, 2012), 77 FR 47472 (August 8, 2012) (SR–NASDAQ–2012–066). 15 See Securities Exchange Act Release No. 67584 (August 2, 2012), 77 FR 47472 (August 8, 2012) (SR–NASDAQ–2012–066) (order approving NASDAQ’s Market Maker Peg Order available for exchange market makers). See Securities Exchange Act Release No. 67756 (August 29, 2012), 77 FR 54633 (September 5, 2012) (SR–BATS–2012–026) (order approving BATS’s Market Maker Peg Order available for exchange market makers). See also Securities Exchange Act Release No. 67755 (August 29, 2012), 77 FR 54630 (September 5, 2012) (SR– BYX–2012–012) (order approving BATS YExchange Inc.’s Market Maker Peg Order available for exchange market makers). 16 15 U.S.C. 78s(b)(3)(A). 17 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 VerDate Mar<15>2010 16:38 Jan 10, 2013 Jkt 229001 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. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. 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–EDGX–2012–49 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–2012–49. 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 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for Commission. The Exchange has satisfied this requirement. PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 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– 2012–49 and should be submitted on or before February 1, 2013. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–00433 Filed 1–10–13; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF STATE [Public Notice 8150] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Ming Masterpieces From the Shanghai Museum’’ Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ‘‘Ming Masterpieces from the Shanghai Museum,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Los Angeles County Museum of Art, Los Angeles, CA, from on or about March 3, 2013, until on or about June 2, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6467). The SUMMARY: 18 17 E:\FR\FM\11JAN1.SGM CFR 200.30–3(a)(12). 11JAN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2477-2478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00433]

[[Page 2477]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68596; File No. SR-EDGX-2012-49]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGX Rule 11.5(c) (NBBO Offset Peg Order)

January 7, 2013.
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 December 27, 2012, the EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the 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 amend Rule 11.5(c), which describes the
manner in which the NBBO Offset Peg Order operates. All of the changes
described herein are applicable to EDGX Members. The text of the
proposed rule change is available on the Exchange's Internet 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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
The Exchange proposes to amend Rule 11.5(c), the NBBO Offset Peg
Order. As described in the Exchange's filing to create the NBBO Offset
Peg Order,\3\ the NBBO Offset Peg Order enables Users \4\ to submit buy
and sell orders to the Exchange that are pegged to a designated
percentage away from the National Best Bid (the ``NBB'') and National
Best Offer (the ``NBO'', and together with the NBB, the ``NBBO''),
respectively, while providing them full control over order origination
and order marking. This retention of control, in turn, enables Market
Makers to comply independently with the requirements of Regulation SHO
\5\ under the Securities Exchange Act of 1934 (the ``Act'') and Rule
15c3-5 \6\ under the Act (the ``Market Access Rule'').
---------------------------------------------------------------------------

\3\ See Securities Exchange Act Release No. 67959 (October 2,
2012), 77 FR 61449 (October 9, 2012) (SR-EDGX-2012-44).
\4\ As defined in Rule 1.5(ee).
\5\ 17 CFR 242.200 through 242.204.
\6\ 17 CFR 242.15c3-5.

As described in the Exchange's filing to create the NBBO Offset
Peg Order: upon entry and at any time the price of the order reached
the `Defined Limit', or moved a specified number of percentage
points away from the `Designated Percentage' toward the then current
NBB (for NBBO Offset Peg Orders to buy) or NBO (for NBBO Offset Peg
Orders to sell), the price of the NBBO Offset Peg Order would be
automatically adjusted by the System to the Designated Percentage
away from the then current NBB or NBO, as the case may be. In the
event that there was no NBB or NBO, the price of the NBBO Offset Peg
Order would be automatically adjusted by the System to the
Designated Percentage away from the last reported sale from the
responsible single plan processor, unless the User instructed the
Exchange upon entry to cancel or reject the order under such
circumstances.\7\
---------------------------------------------------------------------------

\7\ See Securities Exchange Act Release No. 67959 (October 2,
2012), 77 FR 61449 (October 9, 2012) (SR-EDGX-2012-44).

The Exchange proposes to amend the text of Rule 11.5(c)(15) to not
allow the User to cancel or reject the order under the circumstances
outlined above. Therefore, the Exchange proposes to delete the
following text in Rule 11.5(c)(15): ``unless instructed by the User
upon order entry to cancel or reject rather than adjust based on the
last reported sale from the single plan processor.'' The text of the
---------------------------------------------------------------------------
rule will now read that:

[u]pon reaching the Defined Limit (as defined in Rule
11.21(d)(2)(F)), the price of an NBBO Offset Peg Order bid or offer
will be automatically adjusted by the System to the Designated
Percentage away from the then current NBB or NBO, respectively, or
if there is no NBB or NBO at such time, to the Designated Percentage
away from the last reported sale from the responsible single plan
processor. If an NBBO Offset Peg Order bid or offer moves a
specified number of percentage points away from the Designated
Percentage toward the then current NBB or NBO, the price of such bid
or offer will be automatically adjusted by the System to the
Designated Percentage away from the then current NBB and NBO. If
there is no NBB or NBO at such time, the order will be automatically
adjusted by the System to the Designated Percentage away from the
last reported sale from the responsible single plan processor.

Thus, when processing NBBO Offset Peg Orders, the System will not
condition adjustment of the price upon the User's instructions.
The Exchange originally stated in SR-EDGX-2012-44 that it ``intends
to implement the proposed rule change on or about November 19, 2012,
and will notify its Members and other market participants in an
information circular to be posted on the Exchange's Web site.'' \8\ The
Exchange proposes to revise this implementation date to on or about
April 15, 2013. This additional time will enable the Exchange to assess
the usefulness of the NBBO Offset Peg Order in light of the upcoming
implementation of the National Market System Plan to Address
Extraordinary Market Volatility (as amended, the ``Plan'') as approved
by the Commission \9\ and proposed changes to market making quoting
requirements through uniform industry-wide amendments to Designated
Percentages \10\ and Defined Limits \11\ to realign the percentages
based on the Plan's Appendix A Percentage Parameters.
---------------------------------------------------------------------------

\8\ See Securities Exchange Act Release No. 67959 (October 2,
2012), 77 FR 61449 (October 9, 2012) (SR-EDGX-2012-44).
\9\ See Securities Exchange Release No. 67091 (May 31, 2012), 77
FR 33498 (June 6, 2012) (approving the Plan on a pilot basis).
\10\ As defined in Rule 11.21(d)(2)(D).
\11\ As defined in Rule 11.21(d)(2)(F).
---------------------------------------------------------------------------

2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \12\ and furthers the objectives of
Section 6(b)(5) of the Act,\13\ 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 facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms 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 the
proposed rule filing meets these requirements because it eliminates
certain rule text to

[[Page 2478]]

conform with NASDAQ's Market Maker Peg Order, which is a similar order
type to the NBBO Offset Peg Order,\14\ and updates the implementation
date in light of the Plan and proposed changes to market making quoting
requirements. Thus, the Exchange believes that the proposed rule change
promotes the efficient execution of investor transactions, and thus
investor confidence, over the long term.
---------------------------------------------------------------------------

\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(5).
\14\ See Securities Exchange Act Release No. 67584 (August 2,
2012), 77 FR 47472 (August 8, 2012) (SR-NASDAQ-2012-066).
---------------------------------------------------------------------------

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

The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act, as amended. The proposed
rule change will increase competition among the exchanges because the
NBBO Offset Peg Order will directly compete with substantially similar
existing order types offered by other exchanges.\15\
---------------------------------------------------------------------------

\15\ See Securities Exchange Act Release No. 67584 (August 2,
2012), 77 FR 47472 (August 8, 2012) (SR-NASDAQ-2012-066) (order
approving NASDAQ's Market Maker Peg Order available for exchange
market makers). See Securities Exchange Act Release No. 67756
(August 29, 2012), 77 FR 54633 (September 5, 2012) (SR-BATS-2012-
026) (order approving BATS's Market Maker Peg Order available for
exchange market makers). See also Securities Exchange Act Release
No. 67755 (August 29, 2012), 77 FR 54630 (September 5, 2012) (SR-
BYX-2012-012) (order approving BATS Y-Exchange Inc.'s Market Maker
Peg Order available for exchange market makers).
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

The Exchange has neither solicited nor received written comments on
the proposed rule change.

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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6)
\17\ thereunder.
---------------------------------------------------------------------------

\16\ 15 U.S.C. 78s(b)(3)(A).
\17\ 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.
---------------------------------------------------------------------------

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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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-2012-49 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-2012-49. 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
10:00 a.m. and 3:00 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-2012-49 and should be
submitted on or before February 1, 2013.
---------------------------------------------------------------------------

\18\ 17 CFR 200.30-3(a)(12).

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00433 Filed 1-10-13; 8:45 am]
BILLING CODE 8011-01-P

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