[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Notices]
[Pages 38001-38003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14928]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58021; File No. SR-NSX-2008-10]


Self-Regulatory Organizations; National Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend NSX Rules To Provide for an Optional Limit Cap Price on Any 
Pegged Zero Display Reserve Order

June 25, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on June 17, 2008, the National Stock Exchange (``NSX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The NSX designated the proposed 
rule change as ``non-controversial'' under Section 19(b)(3)(A)(iii) of 
the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the 
proposal effective upon filing with the Commission. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing to amend NSX Rules 11.11(c)(2) and 11.14 
to

[[Page 38002]]

allow ETP holders the option of submitting a limit cap price on any 
pegged Zero Display Reserve Order. The text of the proposed rule change 
is available at the Exchange, the Commission's Public Reference Room, 
and http://www.nsx.com.

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 NSX has prepared summaries, set forth in Sections A, 
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange is proposing to amend Exchange Rules 11.11(c)(2) and 
11.14 to allow ETP Holders the option of submitting a limit cap price 
on any pegged Zero Display Reserve Order. Under current Rule 
11.11(c)(2), Zero Display Reserve Orders may be entered with either a 
limit price or with a ``peg,'' which, at the ETP Holder's discretion, 
is pegged to the buy-side, sell-side, or mid-point of the Protected 
Best Bid or Offer (``PBBO''). Under this proposal, ETP Holders would be 
able to enter an optional limit cap price on any pegged Zero Display 
Reserve Order. The cap price will prevent the pegged order from 
following the PBBO past the ETP Holder's specified price. A limit price 
may be entered, providing a ceiling price (for Buy orders) and floor 
price (for Sell orders). All pegged Zero Display Reserve Orders--
including those that track the inside quote on the same side of the 
market (``Primary Peg''), the opposite side of the market (``Market 
Peg'') or the Midpoint--are eligible to have a limit cap price.
    The methodology used to price the pegged orders will remain 
unchanged. However, if the pegged order upon price re-evaluation would 
be assigned a value that violates its limit price due to the cap, the 
pegged order will not be assigned that new price and will therefore not 
be eligible for matching. This pegged order will be re-evaluated again 
when a new marketable order arrives.
    In addition, the limit price may be modified by entering a cancel/
replace of the pegged order. In this case, a new timestamp will be 
applied. Rule 11.14 will be amended to reflect this priority.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section 
6(b) of the Act,\5\ in general, and Section 6(b)(5) of the Act,\6\ in 
particular, which requires, among other things, that the rules of an 
exchange be designed to promote just and equitable principles of trade, 
to remove impediments to and perfect the mechanism of a free and open 
market and a national market system, and, in general, to protect 
investors and the public interest.
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    \5\ 15 U.S.C. 78f.
    \6\ 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 inappropriate burden on competition.

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 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 filing, 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 \7\ and subparagraph (f)(6) of Rule 
19b-4 thereunder.\8\ As required under Rule 19b-4(f)(6)(iii),\9\ the 
NSX provided the Commission with written notice of its intent to file 
the proposed rule change, along with a brief description and text of 
the proposed rule change, prior to the filing of the proposed rule 
change.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may 
not become operative prior to the 30th day 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 NSX requested that 
the Commission waive the 30-day operative delay and make the proposed 
rule change effective and operative upon filing because the proposal is 
similar to a feature available on other markets and raises no new 
issues. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest. 
In particular, the Commission does not believe that the rule change 
presents any novel issues since the inclusion of a limit cap on the 
Zero Display Reserve Order has been included on similar order types 
currently available on other markets.\12\
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    \10\ See id.
    \11\ Id.
    \12\ See, e.g., Securities Exchange Act Release Nos. 54613 
(October 17, 2006), 71 FR 62325 (October 24, 2006) (SR-NASDAQ-2006-
043); 51326 (March 7, 2005), 70 FR 12521 (March 14, 2005) (SR-NASD-
2004-173).
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    Accordingly, the Commission designates the proposed rule change 
operative upon filing with the Commission.\13\
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    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate the 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-NSX-2008-10 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-NSX-2008-10. This file

[[Page 38003]]

number should be included on the subject line if e-mail 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 (http://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 inspection and 
copying in the Commission's Public Reference Room, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of the NSX. 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-NSX-2008-10 and should be 
submitted on or before July 23, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-14928 Filed 7-1-08; 8:45 am]
BILLING CODE 8010-01-P