[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44477-44479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17987]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72674; File No. SR-EDGX-2014-21]


Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Retire 
the EDGE Routed Liquidity Report

July 25, 2014.
    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 July 18, 2014, EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') 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 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 eliminate reference in Rule 13.9 to the 
EDGE Routed Liquidity Report, which is a data product that is to be 
discontinued by the Exchange. The Exchange also proposes to delete the 
fees related to the EDGE Routed Liquidity Report from its fee schedule. 
The text of the proposed rule change is available on the Exchange's 
Internet Web site at www.directedge.com, at the Exchange's principal 
office, and at the Public Reference Room of the Commission.

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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to delete reference to the EDGE Routed 
Liquidity Report in Rule 13.9 as well as its related fees from the 
Exchange's fee schedule. In sum, the EDGE Routed Liquidity Report is a 
data feed that contains historical order information for orders routed 
to away destinations by the Exchange. The EDGE Routed Liquidity Report 
provides routed order information to subscribers on the morning of the 
following trading day that includes: Limit price, routed quantity, 
symbol, side (bid/offer), time of routing, and the National Best Bid 
and Offer at the time of routing. The Exchange now proposes to delete 
reference to EDGE Routed Liquidity Report in Rule 13.9 as well as its 
related fees from the Exchange's fee schedule because it intends to 
discontinue offering this data feed. Therefore, reference to the 
product within Exchange's rules and applicable fees in its fee schedule 
would no longer serve any legitimate purpose upon the product being 
retired by the Exchange. The Exchange has no subscribers to the EDGE 
Routed Liquidity Report and will terminate the data feed upon the 
operative date of this proposed rule change.

[[Page 44478]]

2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of Section 6(b) of the Act,\3\ in general, and Section 
6(b)(5) of the Act,\4\ in particular, in that is promotes just and 
equitable principles of trade, removes impediments to, and perfect the 
mechanism of, a free and open market and a national market system, and, 
in general, protects investors and the public interest. The Exchange 
also believes that its proposal is consistent with Section 6(b)(4) of 
the Act,\5\ in that it provides for the equitable allocation of 
reasonable dues, fees and other charges among members and other persons 
using its facilities.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
    \5\ 15 U.S.C. 78f(b)(4).
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    Specifically, the proposal is consistent with Section 6(b)(5) of 
the Act,\6\ in that it eliminates any investor confusion by deleting 
references to a data product, and its related fees, that is to be 
discontinued by the Exchange, thereby removing impediments to and 
perfecting the mechanism of a free and open market and a national 
market system, and, in general, protecting investors and the public 
interest. In addition, the Exchange has no subscribers to the EDGE 
Routed Liquidity Report, the EDGE Routed Liquidity Report is not a core 
product offering by the Exchange, nor is the Exchange required by the 
Act to offer such a product. The proposed rule change will not permit 
unfair discrimination among customers, brokers, or dealers because the 
EDGE Routed Liquidity Report will no longer be offered by the Exchange.
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    \6\ 15 U.S.C. 78f(b)(5).
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    In addition, the Exchange believes that the proposed removal of the 
fees for the EDGE Routed Liquidity Report from its fee schedule is 
consistent with Section 6(b)(4) of the Act \7\ because it would delete 
fees for a data product that is to be discontinued by the Exchange, 
thereby eliminating investor confusion. Lastly, the Exchange also 
believes that the proposed amendment to its fee schedule is reasonable 
and non-discriminatory because it will apply uniformly to all members.
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    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes the proposal is consistent with Section 
6(b)(8) of the Act \8\ in that it does not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The proposed rule change will remove references to 
a data product, and its related fees, that is to be retired by the 
Exchange and is not designed to have a competitive impact. Therefore, 
the Exchange does not believe the proposed rule change will have any 
effect on competition.
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    \8\ 15 U.S.C. 78f(b)(8).
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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 foregoing proposed rule change does not: (1) 
Significantly affect the protection of investors or the public 
interest; (2) impose any significant burden on competition; and (3) by 
its terms does not become operative for 30 days after the date of this 
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 \9\ and Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to provide 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, 
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) normally does 
not become operative for 30 days after the date of filing. However, 
Rule 19b-4(f)(6)(iii) permits the Commission to 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. Waiver of the 30-day operative delay would 
enable the Exchange to avoid enlisting new subscribers during the 
operative delay period only to retire the product shortly thereafter 
once the proposed rule change becomes operative. In addition, the 
Exchange notes it has no subscribers to the EDGE Routed Liquidity 
Report. Based on the foregoing, the Commission believes that waiving 
the 30-day operative delay is consistent with the protection of 
investors and the public interest.\11\ The Commission hereby grants the 
Exchange's request and designates the proposal operative upon filing.
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    \11\ For purposes only of waiving the 30-day operative delay, 
the Commission has also 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 email to [email protected]. Please include 
File Number SR-EDGX-2014-21 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-EDGX-2014-21. 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 the filing also will be available 
for

[[Page 44479]]

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-2014-21, and should be 
submitted on or before August 21, 2014.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-17987 Filed 7-30-14; 8:45 am]
BILLING CODE 8011-01-P