[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10684-10685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03393]



[[Page 10684]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68886; File No. SR-ISE-2013-10]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Amend ISE Rule 2102 To Extend the Pilot Program

February 8, 2013.
    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 31, 2013, the International Securities Exchange, LLC 
(``ISE'' 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 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 Rule 2102 (Hours of Business) to 
extend the expiration of the pilot rule.
    The text of the proposed rule change is available on the Exchange's 
Internet Web site at http://www.ise.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 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
    The Exchange proposes to amend ISE Rule 2102 to extend the 
expiration of the pilot rule. Initial amendments to ISE Rule 2102 to 
allow the Exchange to pause trading in an individual stock when the 
primary listing market for such stock issues a trading pause were 
approved by the Securities and Exchange Commission (``Commission'') on 
June 10, 2010 on a pilot basis to end on December 10, 2010.\3\ The 
pilot was then extended to expire on April 11, 2011.\4\ On March 21, 
2011, ISE Rule 2102 was amended to state that the pilot would expire on 
the earlier of August 11, 2011 or the date on which a limit up/limit 
down mechanism to address extraordinary market volatility, if adopted, 
would apply.\5\ On August 9, 2011, ISE Rule 2102 was once again amended 
to extend the pilot to January 31, 2012.\6\ On January 30, 2012, ISE 
Rule 2102 was amended to extend the pilot to July 31, 2012.\7\ On July 
27, 2012, ISE Rule 2102 was amended to extend the pilot to February 4, 
2013.\8\
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    \3\ See Securities Exchange Act Release No. 62252 (June 10, 
2010), 75 FR 34186 (June 16, 2010) (SR-ISE-2010-48).
    \4\ See Securities Exchange Act Release No. 63506 (December 9, 
2010), 75 FR 78301 (December 15, 2010) (SR-ISE-2010-117).
    \5\ See Securities Exchange Act Release No. 64193 (April 5, 
2011), 76 FR 20062 (April 11, 2011) (SR-ISE-2011-17).
    \6\ See Securities Exchange Act Release No. 65072 (August 9, 
2011), 76 FR 50513 (August 15, 2011) (SR-ISE-2011-52).
    \7\ See Securities Exchange Act Release No. 66271 (January 30, 
2012), 77 FR 5587 (February 3, 2012) (SR-ISE-2012-05).
    \8\ See Securities Exchange Act Release No. 67527 (July 27, 
2012), 77 FR 46530 (August 3, 2012) (SR-ISE-2012-66).
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    On September 10, 2010, ISE Rule 2102 was amended to expand the 
pilot rule to apply to the Russell 1000[supreg] Index and other 
specified exchange traded products.\9\ On June 23, 2011, ISE Rule 2102 
was amended again to expand the pilot rule to apply to all NMS 
Stocks.\10\ The Exchange now proposes to extend the date by which this 
pilot rule will expire to the earlier of the initial date of operations 
of the Regulation NMS Plan to Address Extraordinary Market Volatility 
or February 4, 2014. Extending this pilot program will provide the 
exchanges with a continued opportunity to assess the effect of this 
rule proposal on the markets. While the proposed rule change would 
allow the single stock circuit breaker to sunset as the Regulation NMS 
Plan to Address Extraordinary Market Volatility expands to cover more 
securities, this phasing out of the single stock circuit breaker will 
have no effect on the Exchange as the Exchange does not trade equity 
securities.
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    \9\ See Securities Exchange Act Release No. 62884 (September 10, 
2010), 75 FR 56618 (September 16, 2010) (SR-ISE-2010-66).
    \10\ See Securities Exchange Act Release No. 64735 (June 23, 
2011), 76 FR 38243 (June 29, 2011) (SR-ISE-2011-028).
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 2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5) 
of the Securities Exchange Act of 1934 (the ``Exchange Act''),\11\ 
which requires the rules of an exchange 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. The proposed rule change 
also is designed to support the principles of Section 11A(a)(1) \12\ of 
the Exchange Act in that it seeks to assure fair competition among 
brokers and dealers and among exchange markets. The Exchange believes 
that the proposed rule meets these requirements in that it promotes 
uniformity across markets concerning decisions to pause trading in a 
security when there are significant price movements. Additionally, 
extending this pilot rule so that it will expire on the earlier of the 
initial date of operations of the Regulation NMS Plan to Address 
Extraordinary Market Volatility or February 4, 2014 will provide the 
exchanges with a continued opportunity to assess the effect of this 
rule proposal on the markets. While the proposed rule change would 
allow the single stock circuit breaker to sunset as the Regulation NMS 
Plan to Address Extraordinary Market Volatility expands to cover more 
securities, this phasing out of the single stock circuit breaker will 
have no effect on the Exchange as the Exchange does not trade equity 
securities.
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    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78k-1(a)(1).
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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.

[[Page 10685]]

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)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\ 
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 and Rule 19b-
4(f)(6)(iii) thereunder.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 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 under Rule 19b-4(f)(6) \15\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\16\ 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 because such waiver 
would allow the pilot program to continue uninterrupted. Accordingly, 
the Commission hereby grants the Exchange's request and designates the 
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2013-10 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-ISE-2013-10. 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 (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 
10:00 a.m. and 3:00 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 publicly available. All 
submissions should refer to File Number SR-ISE-2013-10 and should be 
submitted on or before March 7, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03393 Filed 2-13-13; 8:45 am]
BILLING CODE 8011-01-P