[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Notices]
[Pages 33794-33795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14228]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64597; File No. SR-CHX-2011-10]


Self-Regulatory Organizations; Chicago Stock Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Related to Orders That Are Eligible for Entry to the 
Exchange's Matching System

 June 3, 2011.
    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 May 31, 2011, the Chicago Stock Exchange, Incorporated 
(``Exchange'' or ``CHX'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. The Exchange filed the proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 
\3\ and Rule 19b-4(f)(6) thereunder.\4\ 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 proposes to amend CHX Article 20, Rule 4 which governs 
orders that are eligible for entry to the Exchange's Matching System. 
The text of this proposed rule change is available on the Exchange's 
Web site at (http://www.chx.com), at the Exchange's Office of the 
Secretary, 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 regarding the proposal. The text of 
these 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 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 CHX Article 20, Rule 4, which 
governs the basic requirements for order eligibility in the CHX 
Matching System.\5\ The rule is essentially broken down into two parts: 
(i) Basic requirements for an order to be deemed acceptable by the 
Matching System and (ii) order types and indications that are eligible 
for entry to and accepted by the Matching System. The Exchange is 
proposing to amend CHX Article 20, Rule 4 as it pertains to order 
eligibility by providing the Exchange with the ability to determine on 
an order type by order type basis which orders and indications are 
eligible for entry to the Matching System.\6\
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    \5\ The CHX Matching System is our core trading facility. See 
CHX Article 20 generally for the operation of the CHX Matching 
System.
    \6\ The Chicago Board Options Exchange, Incorporated (``CBOE'') 
has similar rules that give the exchange the authority to determine 
which orders are eligible for its systems. See CBOE Rule 7.4 
relating to obligations for orders. Under CBOE Rule 7.4(b)(iii), 
orders that are eligible to be placed with an Order Book Official or 
directly into the electronic book include such orders as may be 
designated by the Exchange. See also CBOE Rule 43.2 relating to the 
types of orders handled on the CBOE's Screen Based Trading System 
(``SBT System''). Under CBOE Rule 43.2(a), the Exchange has the 
discretion to determine which orders under the rule may be 
accommodated on the SBT System.
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    Currently, all orders sent to the Matching System must meet the 
requirements specified in CHX Article 20, Rule 4(a) and shall be 
automatically rejected if they do not meet those requirements. In 
addition, the Matching System will only accept the order types and 
order indications that are defined in CHX Article 20, Rule 4(b). 
Currently, by rule the Matching System must accept each and every order 
type and order indication found in CHX Article 20, Rule 4(b). If the 
Exchange determines that a certain order type (or order indication) 
should no longer be eligible for entry into the Matching System, the 
Exchange would need to submit a formal rule change with the Securities 
and Exchange Commission (``SEC'') pursuant to Section 19(b)(1) of the 
Act \7\ and Rule 19b-4 thereunder,\8\ in order to eliminate such order 
type from the rule.
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    \7\ 15 U.S.C. 78s(b)(1).
    \8\ 17 CFR 240.19b-4.
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    For purposes of efficiency and flexibility in determining which 
orders shall be eligible for entry to the Matching System (at any point 
in time), the Exchange is proposing to amend its rule to give the 
Exchange the ability to turn an order type under CHX Article 20, Rule 
4(b) on or off without having to file a formal rule change with the 
SEC.\9\ By making this change, the Exchange will be able to designate 
on an order type by order type basis which orders under CHX Article 20, 
Rule 4(b) will be eligible for entry to and accepted by the Matching 
System. Under the proposal, when the Exchange determines to make an 
order eligible or ineligible under the rule (e.g., turns an order on or 
off), the Exchange will provide notification of such change to its 
market participants through the issuance of a regulatory circular and 
identify which orders under the rule are eligible for entry to the 
Matching System. Such notification will be provided by the Exchange in 
a manner which will give reasonable advance notice to its market 
participants. For example, the Exchange will not designate an order 
type eligible or ineligible intraday.
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    \9\ The ability to turn an order on or off is only applicable to 
those orders found in CHX Article 20, Rule 4(b). If the Exchange 
determines to introduce a new order type not found in the rule, the 
Exchange will submit such proposal through the rule filing process 
to the SEC for consideration and approval.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act in general,\10\ and furthers the 
objectives of Section 6(b)(5) in particular,\11\ 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 by giving the Exchange the ability to 
determine which orders under CHX Article 20, Rule 4(b) are eligible for 
entry to and accepted by the Exchange's Matching System.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The flexibility to turn certain order types on and off will give 
the Exchange the ability to accept orders into its Matching System that 
is consistent with order types that are eligible at other market 
centers. This flexibility will be especially beneficial when the 
Exchange implements a routing system that routes unexecuted orders to 
other market centers. For example, certain CHX order types defined in 
CHX Article 20, Rule 4(b) may not be acceptable at other exchanges and 
by being able to turn an order on or off will give the Exchange

[[Page 33795]]

the ability to address these non-compatibility issues without having to 
formally remove an order type from its rules. And as previously noted, 
the proposed process of determining order eligibility for purposes of 
the CHX Matching System is consistent with CBOE's rules that address 
order eligibility on its systems. Lastly, the Exchange will also 
provide sufficient notice of any change in order eligibility through 
the issuance of a regulatory circular and such notification will be 
done in a manner which will provide reasonable advance notice to its 
market participants.

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 Regarding the 
Proposed Rule Change Received From Members, Participants or Others

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not significantly 
affect the protection of investors or the public interest, does not 
impose any significant burden on competition, and, 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, it 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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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
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 the five-day prefiling requirement.
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    The Exchange has requested that the Commission waive the 30-day 
operative delay. The Commission believes that waiver of the operative 
delay is consistent with the protection of investors and the public 
interest because the proposal is similar to the rules of another 
exchange that have been approved by the Commission,\14\ and will allow 
the Exchange to address order compatibility before it implements 
changes to its routing system. Therefore, the Commission designates the 
proposal operative upon filing.\15\
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    \14\ See supra note 6.
    \15\ 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 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-CHX-2011-10 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-2011-10. 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 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-CHX-2011-10 and should be 
submitted on or before June 30, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14228 Filed 6-8-11; 8:45 am]
BILLING CODE 8011-01-P