[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Pages 46277-46278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21639]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60605; File No. SR-CHX-2009-13]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Adding Additional Trading Sessions

September 1, 2009.
    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 August 28, 2009, Chicago Stock Exchange, Inc. (``CHX'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the CHX. 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

    CHX proposes to amend its rules to create an early trading session 
beginning at 6 a.m. CT on days the Exchange is open for trading and to 
create a second Late Trading Session from 3 p.m. to 3:15 p.m. CT. The 
text of this proposed rule change is available on the Exchange's Web 
site at (http://www.chx.com) and in 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 CHX 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 CHX 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to create an early trading session 
beginning at 6 a.m. CT on days the Exchange is open for trading and to 
create a second Late Trading Session from 3 p.m. to 3:15 p.m. CT. We 
believe that CHX Participants may be interested in posting bids and 
offers on the CHX in an early trading session, as well as in a late 
session immediately after the close of the Regular Session. In order to 
facilitate additional trading activity, the Exchange proposes to create 
an early trading session and a second late trading session, both of 
which would operate under the same basic operational and regulatory 
framework as the Regular Trading Session. CHX Participants could enter 
orders to buy and sell eligible securities and those orders would 
either be executed or displayed (or entered without being displayed in 
the case of a reserve or undisplayed order) depending on the status of 
our book and the national market system. The rules applicable to the 
Regular Trading Session would govern the Early and Late Trading 
Sessions, with the exception that the Regulation NMS prohibitions 
regarding intermarket trade-throughs and locked and crossed markets 
would not be in force. The current Late Trading Session (which would be 
renamed the ``Late Crossing Session'') would be available from 3:15 
p.m. to 4 p.m. CT and would be available only to Participants seeking 
to execute cross orders.
    In furtherance of this initiative, the Exchange proposes to add or 
amend the a [sic] number of applicable CHX rules. Definitions setting 
the times of the respective trading sessions would be added to Article 
1. Due to the risk of illiquidity, the Exchange does not believe that 
it is appropriate to execute IOC Market Orders during any of the 
Extended Hours trading sessions and we propose to restrict use of that 
order type to the Regular Trading Session. We propose to add a new rule 
to the Article 8 business conduct rules mandating that Participants 
which allow customers to trade in extended hours trading sessions to 
make certain specific risk disclosures relating to such activity. These 
risk disclosures are modeled on the rules of the BATS Exchange, Inc. 
regarding extended hours trading.\3\ The provisions of Article 20, Rule 
1 setting the time of the various trading sessions would be amended to 
make reference to the Early, Late Trading and Late Crossing sessions 
and define how trading operates during those sessions. The language in 
Rule 1 referring to the hours of trading for specified exchange-traded 
funds would be deleted since those securities would be eligible for 
trading during the Early and Late Trading session, rendering the 
current text unnecessary. Finally, we would amend Article 20, Rule 8 to 
reflect the manner in which the various sessions are opened and closed.
---------------------------------------------------------------------------

    \3\ BATS Exchange Rule 3.21, Customer Disclosures.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act in general,\4\ and furthers the objectives 
of Section 6(b)(5) in particular,\5\ in that it is designed to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in facilitating transaction in 
securities, to remove impediments and perfect the mechanisms of a free 
and open market, and, in general, to protect investors and the public 
interest. In this case, the expansion of trading hours through the 
creation of an Early Trading Session and an additional Late Trading 
Session would provide participants with

[[Page 46278]]

additional options in seeking trade executions on our trading 
facilities.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    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.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change: (i) Does not 
significantly affect the protection of investors or the public 
interest; (ii) does not impose any significant burden on competition; 
and (iii) by its terms, does not become operative for 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, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the self-regulatory organization to submit to the 
Commission written notice of its 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-CHX-2009-13 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-CHX-2009-13. This file 
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 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 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-CHX-
2009-13 and should be submitted on or before September 29, 2009.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21639 Filed 9-4-09; 8:45 am]
BILLING CODE 8010-01-P