Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its ROOC Routing Option Under EDGX Rule 11.9(b)(2)(n), 22739-22741 [2014-09207]
Download as PDF
Federal Register / Vol. 79, No. 78 / Wednesday, April 23, 2014 / Notices
wreier-aviles on DSK5TPTVN1PROD with NOTICES
A proposed rule change filed under
Rule 19b–4(f)(6) 20 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),21 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest, as it
will help eliminate investor confusion
and promote competition among the
option exchanges.22 Therefore, the
Commission designates the proposed
rule change to be operative upon filing.
The Commission notes that, given the
differing requirements as between the
originating side and contra-side for QCC
Orders, it is essential that the Exchange
be able to clearly identify and monitor—
throughout the life of a QCC Order,
beginning at time of order entry on the
Exchange through the post-trade
allocation process—each side of the
QCC Order and ensure that the
requirements of the order type are being
satisfied including, importantly, those
relating to the originating side. The
Commission believes this to be critical
so that the Exchange can ensure that
market participants are not able to
circumvent the requirements of the QCC
Order (as amended by this proposed
rule change), each of which the
Commission continues to believe are
critical to ensuring that the QCC Order
is narrowly drawn.23 Further, the
Commission notes that the Exchange
has made certain representations
regarding its enforcement and
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of 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.
20 17 CFR 240.19b–4(f)(6).
21 17 CFR 240.19b–4(f)(6)(iii).
22 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
23 The Commission expects the Exchange to have
the capability to enable it to surveil that such
requirements are being met. Though the Exchange
has stated its ability to do so, if the Exchange is not
able to have such monitoring at any point in time,
the Commission would expect the Exchange to take
other steps to ensure that the QCC Order cannot be
improperly used. For example, if the Exchange were
not able to identify and monitor which side of a
QCC Order is the originating order, the Commission
would expect that it would require that both sides
of the QCC Order meet the more stringent
requirements of the originating side, i.e., that it be
for a single order for at least 1,000 contracts.
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surveillance of its OTPs’ use of QCC
Orders, including, for example, not only
at the time of order entry, but through
the post-trade allocation process as well.
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 24 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
22739
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–
NYSEArca–2014–43, and should be
submitted on or before May 14, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.25
Kevin M. O’Neill,
Deputy Secretary.
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:
[FR Doc. 2014–09209 Filed 4–22–14; 8:45 am]
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–
NYSEArca–2014–43 on the subject line.
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Its ROOC
Routing Option Under EDGX Rule
11.9(b)(2)(n)
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2014–43. 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
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 April 14,
2014, 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.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71963; File No. SR–EDGX–
2014–11]
April 17, 2014.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
ROOC routing option under Rule
11.9(b)(2)(n) to include the ability to
route orders to participate in the listing
market’s re-opening process following a
halt, suspension or pause. 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.
25 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
24 15
PO 00000
U.S.C. 78s(b)(2)(B).
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E:\FR\FM\23APN1.SGM
23APN1
22740
Federal Register / Vol. 79, No. 78 / Wednesday, April 23, 2014 / Notices
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
wreier-aviles on DSK5TPTVN1PROD with NOTICES
The Exchange proposes to amend its
ROOC routing option under Rule
11.9(b)(2)(n) to include the ability to
route orders to participate in the listing
market’s re-opening process following a
halt, suspension or pause. The Exchange
offers its Users 3 optional routing
functionality that allows them to use the
Exchange’s facilities to access liquidity
on other trading centers. The
functionality includes a range of defined
routing algorithms that determine the
destination or pattern of routing.
Exchange Rule 11.9(b)(2) sets forth the
particular pattern of routing to other
trading centers, known as the ‘‘System
routing table’’ as well as the Exchange’s
available routing options. All routing is
designed to be conducted in a manner
consistent with Regulation NMS.
The Exchange currently offers a
routing option, known as ROOC, which
allows Users to route orders to
participate in the opening or closing
process of the listing market (New York
Stock Exchange (‘‘NYSE’’), Nasdaq,
NYSE MKT,4 or NYSE Arca). Orders to
be routed pursuant to the ROOC routing
option must be received before the
opening/closing time of such market. If
shares remain unexecuted after
attempting to execute in the opening or
closing process, they are either posted to
the EDGX Book,5 executed, or routed
like the Exchange’s ROUT routing
option.6
3 The term ‘‘User’’ is defined as ‘‘any Member or
Sponsored Participant who is authorized to obtain
access to the System pursuant to Rule 11.3.’’ See
Exchange Rule 1.5(ee).
4 Formally known as NYSE Amex. The Exchange
is amending Rule 11.9(b)(2)(n) to reflect the change
in this exchange’s name.
5 The ‘‘EDGX Book’’ is defined as the ‘‘System’s
electronic file of orders.’’ See Exchange Rule 1.5(d).
6 See Exchange Rule 11.9(b)(c)(ii).
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The Exchange proposes to amend the
ROOC routing option to allow Users to
route orders to participate in the listing
market’s re-opening process following a
halt, suspension or pause,7 in addition
to the listing market’s opening or
closing process. Orders that the User
wishes to participate in the listing
market’s re-opening process will be
handled in the same manner as orders
that are to participate in the opening
and closing process. Such orders must
be received before the re-opening time
on such market. In addition, any shares
that remain unexecuted after attempting
to execute in the listing market’s reopening process will be either posted to
the EDGX Book, executed, or routed
pursuant to the Exchange’s ROUT
routing option.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 8 in general, and furthers the
objectives of Section 6(b)(5) of the Act 9
in particular, in that it is designed to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
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 the proposed rule change will
increase the flexibility of market
participant’s [sic] by expanding the
ROOC routing option beyond the listing
market’s opening and closing process to
also include the ability to route orders
to participate in re-openings following a
halt, suspension or pause. As a result,
Users will have access to additional
sources of liquidity, potentially
benefiting from improved execution
prices and a more efficient marketplace.
Therefore, the Exchange believes the
proposed rule change will provide User
with greater control and flexibility over
their routing of orders, thereby
facilitating transactions in securities and
perfecting the mechanism of the
national market system.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
7 The ROOC routing option would route orders to
participate in the listing market’s re-opening
process following a halt, suspension or pause
during Regular Trading Hours only. Regular
Trading Hours is defined as the ‘‘time between 9:30
a.m. and 4:00 p.m. Eastern Time.’’ See Exchange
Rule 1.5(y).
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. To the
contrary, the Exchange believes that the
proposal will promote competition by
enhancing the value of the Exchange’s
available routing options. However,
since the use of the Exchange’s routing
options is voluntary and Users have
numerous alternative mechanisms for
order routing, the changes will not
impair the ability of Users to use other
means to access competing trading
venues.
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
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6) thereunder.11 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 12 and Rule 19b–4(f)(6)
thereunder.13
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 14 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6) 15
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 asked
the Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
12 15 U.S.C. 78s(b)(3)(A).
13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change, along with a brief
description and text of 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.
14 17 CFR 240.19b–4(f)(6).
15 17 CFR 240.19b–4(f)(6).
11 17
E:\FR\FM\23APN1.SGM
23APN1
Federal Register / Vol. 79, No. 78 / Wednesday, April 23, 2014 / Notices
filing. The Exchange represents that
waiver of the 30-day operative delay
would provide Users with greater
flexibility and control over their routed
orders by expanding the ROOC routing
option to include the ability to route
orders to participate in re-openings in a
timely manner, and, as a result, Users
will have access to additional sources of
liquidity, potentially benefiting from
improved execution prices and a more
efficient marketplace. The Exchange
further represents that waiving the 30day operative delay will increase the
competitiveness of its routing
functionality. The Commission believes
that waiving the 30-day operative delay
is consistent with the protection of
investors and the public interest.
Therefore, the Commission designates
the proposal operative upon filing.16
At any time within 60 days of the
filing of such 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–2014–11 on the subject line.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–EDGX–2014–11. 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
16 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).
VerDate Mar<15>2010
15:37 Apr 22, 2014
Jkt 232001
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–
2014–11 and should be submitted on or
before May 14, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–09207 Filed 4–22–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71966; File No. SR–
NYSEMKT–2014–35]
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Rule 900.3NY
(Orders Defined) To Remove the Size
Restriction on Contra-Party
Participation on a Qualified Contingent
Cross Order
April 17, 2014.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on April 14,
2014, NYSE MKT LLC (‘‘Exchange’’ or
‘‘NYSE MKT’’) 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
17 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
22741
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 900.3NY (Orders Defined) to
remove the size restriction on contraparty participation on a Qualified
Contingent Cross Order (‘‘QCC Order’’).
The text of the proposed rule change is
available on the Exchange’s Web site at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
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 those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this rule filing is to
amend Rule 900.3NY to remove the size
restriction on contra-party participation
on a QCC Order. The proposed rule
change, which mirrors a recently
adopted rule by the International
Securities Exchange (‘‘ISE’’),4 would
expand the availability of QCC Orders
by permitting multiple contra-parties on
a QCC Order, each of which may consist
of an order for less than 1,000 contracts;
provided however, that the originating
QCC Order is a single order that meets
the 1,000 contract minimum (as well as
the other requirements of a QCC Order),
as discussed below.5 The proposed
change is intended to allow the
Exchange to compete fairly and equally
with other options exchanges, including
the ISE, that have recently adopted
similar rule changes.6
Rule 900.3NY(y) provides that a QCC
Order must be comprised of an order to
4 See Securities Exchange Act Release No. 71863
(April 3, 2014) (SR–ISE–2014–72).
5 In the case of mini options, the minimum size
is 10,000 contracts.
6 See supra n. 4.
E:\FR\FM\23APN1.SGM
23APN1
Agencies
[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Notices]
[Pages 22739-22741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09207]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71963; File No. SR-EDGX-2014-11]
Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its
ROOC Routing Option Under EDGX Rule 11.9(b)(2)(n)
April 17, 2014.
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 April 14, 2014, 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 its ROOC routing option under Rule
11.9(b)(2)(n) to include the ability to route orders to participate in
the listing market's re-opening process following a halt, suspension or
pause. 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.
[[Page 22740]]
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend its ROOC routing option under Rule
11.9(b)(2)(n) to include the ability to route orders to participate in
the listing market's re-opening process following a halt, suspension or
pause. The Exchange offers its Users \3\ optional routing functionality
that allows them to use the Exchange's facilities to access liquidity
on other trading centers. The functionality includes a range of defined
routing algorithms that determine the destination or pattern of
routing. Exchange Rule 11.9(b)(2) sets forth the particular pattern of
routing to other trading centers, known as the ``System routing table''
as well as the Exchange's available routing options. All routing is
designed to be conducted in a manner consistent with Regulation NMS.
---------------------------------------------------------------------------
\3\ The term ``User'' is defined as ``any Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Rule 11.3.'' See Exchange Rule 1.5(ee).
---------------------------------------------------------------------------
The Exchange currently offers a routing option, known as ROOC,
which allows Users to route orders to participate in the opening or
closing process of the listing market (New York Stock Exchange
(``NYSE''), Nasdaq, NYSE MKT,\4\ or NYSE Arca). Orders to be routed
pursuant to the ROOC routing option must be received before the
opening/closing time of such market. If shares remain unexecuted after
attempting to execute in the opening or closing process, they are
either posted to the EDGX Book,\5\ executed, or routed like the
Exchange's ROUT routing option.\6\
---------------------------------------------------------------------------
\4\ Formally known as NYSE Amex. The Exchange is amending Rule
11.9(b)(2)(n) to reflect the change in this exchange's name.
\5\ The ``EDGX Book'' is defined as the ``System's electronic
file of orders.'' See Exchange Rule 1.5(d).
\6\ See Exchange Rule 11.9(b)(c)(ii).
---------------------------------------------------------------------------
The Exchange proposes to amend the ROOC routing option to allow
Users to route orders to participate in the listing market's re-opening
process following a halt, suspension or pause,\7\ in addition to the
listing market's opening or closing process. Orders that the User
wishes to participate in the listing market's re-opening process will
be handled in the same manner as orders that are to participate in the
opening and closing process. Such orders must be received before the
re-opening time on such market. In addition, any shares that remain
unexecuted after attempting to execute in the listing market's re-
opening process will be either posted to the EDGX Book, executed, or
routed pursuant to the Exchange's ROUT routing option.
---------------------------------------------------------------------------
\7\ The ROOC routing option would route orders to participate in
the listing market's re-opening process following a halt, suspension
or pause during Regular Trading Hours only. Regular Trading Hours is
defined as the ``time between 9:30 a.m. and 4:00 p.m. Eastern
Time.'' See Exchange Rule 1.5(y).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \8\ in general, and furthers the objectives of Section
6(b)(5) of the Act \9\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in 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
the proposed rule change will increase the flexibility of market
participant's [sic] by expanding the ROOC routing option beyond the
listing market's opening and closing process to also include the
ability to route orders to participate in re-openings following a halt,
suspension or pause. As a result, Users will have access to additional
sources of liquidity, potentially benefiting from improved execution
prices and a more efficient marketplace. Therefore, the Exchange
believes the proposed rule change will provide User with greater
control and flexibility over their routing of orders, thereby
facilitating transactions in securities and perfecting the mechanism of
the national market system.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the Exchange
believes that the proposal will promote competition by enhancing the
value of the Exchange's available routing options. However, since the
use of the Exchange's routing options is voluntary and Users have
numerous alternative mechanisms for order routing, the changes will not
impair the ability of Users to use other means to access competing
trading venues.
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
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6).
\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of 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.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \14\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \15\ 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 asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon
[[Page 22741]]
filing. The Exchange represents that waiver of the 30-day operative
delay would provide Users with greater flexibility and control over
their routed orders by expanding the ROOC routing option to include the
ability to route orders to participate in re-openings in a timely
manner, and, as a result, Users will have access to additional sources
of liquidity, potentially benefiting from improved execution prices and
a more efficient marketplace. The Exchange further represents that
waiving the 30-day operative delay will increase the competitiveness of
its routing functionality. The Commission believes that waiving the 30-
day operative delay is consistent with the protection of investors and
the public interest. Therefore, the Commission designates the proposal
operative upon filing.\16\
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\14\ 17 CFR 240.19b-4(f)(6).
\15\ 17 CFR 240.19b-4(f)(6).
\16\ 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).
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At any time within 60 days of the filing of such 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-2014-11 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-EDGX-2014-11. 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-2014-11 and should be
submitted on or before May 14, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-09207 Filed 4-22-14; 8:45 am]
BILLING CODE 8011-01-P