[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7607-7608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2924]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63821; File No. SR-EDGX-2011-02]


Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
Amendments to the EDGX Exchange, Inc. Fee Schedule

February 2, 2011.
    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 25, 2011, 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, II, 
and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its fees and rebates applicable to 
Members \3\ of the Exchange pursuant to EDGX Rule 15.1(a) and (c). 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 http://www.directedge.com.
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    \3\ A Member is any registered broker or dealer, or any person 
associated with a registered broker or dealer, that has been 
admitted to membership in the Exchange.
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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
    In SR-EDGX-2011-01,\4\ the Exchange filed for immediate 
effectiveness a rule filing to amend Rule 11.9 to add its routing 
strategies, which were contained in its fee schedule, to the rule and 
to introduce additional routing strategies to the rule. Two of those 
strategies that the Exchange added to Rules 11.9(b)(3)(q) and (r) were 
the SWPA/SWPB routing strategies. Under the SWPA strategy, an order 
would check the System for available shares and then would be sent to 
Protected Quotations and only for displayed size. Under this strategy, 
orders would not have to contain sufficient size to execute against all 
Protected Quotations (emphasis added). If any shares remain unexecuted, 
such remainder will be cancelled back to the User. Under the SWPB 
routing strategy, an order would check the System for available shares 
and then is sent to Protected Quotations and only for displayed size. 
Under this strategy, orders would have to contain sufficient size to 
execute against all Protected Quotations. The entire SWPB order will be 
cancelled back to the User immediately if at the time of entry there is 
insufficient quantity in the SWPB order to fulfill the displayed size 
of all Protected Quotations.
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    \4\ See SR-EDGX-2011-01 (January 21, 2011).
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    In this filing, the Exchange proposes to add the corresponding flag 
for the use of the SWPA/SWPB strategies, SW, to its fee schedule and 
assign it a fee of $0.0031 per share for removal of liquidity from all 
market centers except from the New York Stock Exchange (NYSE). For any 
SWPA/SWPB orders that remove liquidity from the NYSE, the Exchange will 
continue to assign Flag D and charge a fee of $0.0023 per share. This 
is clarified in proposed footnote 8 to the fee schedule. The lower fee 
charged for removing liquidity from the NYSE is consistent with the 
processing of similar routing strategies by EDGX's competitors. 
Secondly, of the major market centers, the NYSE fees for removing 
liquidity itself are lower, and EDGX is thus able to pass back such 
lower rates to its Members.
    EDGX Exchange proposes to implement these amendments to the 
Exchange fee schedule on January 25, 2011.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\5\ in general, and 
furthers the objectives of Section 6(b)(4),\6\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its members and other persons using its 
facilities. The fee of $0.0031 per share is an equitable allocation of 
reasonable dues, fees, and other charges in that this order type is 
limited in its interaction with other Member orders as it only executes 
to the extent a Member order is at the Protected Quotation. As a 
result, compared to other routing strategies that always sweep the EDGX 
book before routing out, such as ROBA (fee of $0.0025 per share), the 
SWPA/SWPB fees are higher. Secondly, the fee is equitable when compared 
to other similar type strategies of EDGX's competitors. As noted in SR-
EDGX-2011-01, the SWPA/SWPB routing strategies are based on Nasdaq's 
MOPP strategy and BATS Parallel T routing strategy.\7\ Nasdaq charges 
$0.0035 per share for MOPP orders and BATS charges $0.0033 per share 
for such orders. EDGX's rate is even more competitive than these. The 
Exchange also notes that it operates in a highly

[[Page 7608]]

competitive market in which market participants can readily direct 
order flow to competing venues if they deem fee levels at a particular 
venue to be excessive. The proposed rule change reflects a competitive 
pricing structure designed to incent market participants to direct 
their order flow to the Exchange. The Exchange believes that the 
proposed rates are equitable in that they apply uniformly to all 
Members. The Exchange believes the fees and credits remain competitive 
with those charged by other venues and therefore continue to be 
reasonable and equitably allocated to Members.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ See, e.g., NASDAQ Rule 4758 and BATS Rule 11.13.
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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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3) of the Act \8\ and Rule 19b-4(f)(2) \9\ thereunder. 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 19b-4(f)(2).
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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-EDGX-2011-02 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-2011-02. 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,\10\ 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-2011-02 and should be submitted on or before March 3, 2011.
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    \10\ The text of the proposed rule change is available on 
Exchange's Web site at http://www.directedge.com, on the 
Commission's Web site at http://www.sec.gov, at EDGX, and at the 
Commission's Public Reference Room.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-2924 Filed 2-9-11; 8:45 am]
BILLING CODE 8011-01-P