16468 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 

9See supra Section II.A.2. 

10 15 U.S.C. 78s(b)(2). 

11 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 63335 

(November 18, 2010, 75 FR71783. Amendment No. 

2 replaced in its entirety the original filing, SR– 

EDGA–2010–18 (November 8, 2010) and partial 

Amendment No. 1 (November 23, 2010). See 

Securities Exchange Act Release No. 63572 

(December 17, 2010), 75 FR 80873. 

4Exchange Rule 1.5(cc) defines a User as any ‘‘any 

Member or Sponsored Participant who is 

authorized to obtain access to the System pursuant 

to Rule 11.3.’’ 

5See Securities Exchange Act Release No. 63929 

(February 18, 2011), 76 FR10416 (SR–EDGA–2010– 

18). 

6 15 U.S.C. 78f(b)(5). 

the public interest. The Commission 

agrees with the Exchange that the StepUp order type is a functionality that is 

not required under the Act.9

The Commission finds good cause, 

pursuant to Section 19(b)(2) of the 

Act,10 for approving the proposed rule 

change prior to the 30th day after 

publication of notice in the Federal 

Register. Accelerated approval will 

allow the Exchange to delete references 

to an order type in its rules that is not 

required under the Act and that the 

Exchange has determined to 

discontinue. 

VI. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (SR–EDGX–2011– 

06) is hereby approved on an 

accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–6837 Filed 3–22–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64094; File No. SR–EDGA– 

2011–07] 

Self-Regulatory Organizations; Notice 

of Filing and Order Granting 

Accelerated Approval of Proposed 

Rule Change by EDGA Exchange, Inc. 

To Delete the Description of and All 

References to Step-Up Orders in EDGA 

Rules 

March 18, 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 March 10, 

2011, EDGA Exchange, Inc. (‘‘EDGA’’ 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, and is 

approving the proposal on an 

accelerated basis. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend its 

Rules 11.5(c)(11) and Rule 11.9(b)(1)(C) 

to delete the description of and all 

references to Step-Up orders. The text of 

the proposed rule change is attached as 

Exhibit 5 and is available on the 

Exchange’s Web site at http:// 

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 

Exchange 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 

EDGA filed with the Securities and 

Exchange Commission (‘‘Commission’’) a 

proposed rule change to amend EDGA 

Rule 11.9 regarding the description of 

the Step-up order type and modify how 

Step-up orders would be processed 

pursuant to Exchange Rule 11.9.3

Exchange Rule 11.5(c)(11) defines a 

Step-up order as a ‘‘market or limit order 

with the instruction that the System 

display the order to Users at or within 

the NBBO price pursuant to Rule 

11.9(b)(1)(C).’’ Exchange Rule 

11.9(b)(1)(C), in turn, states that orders 

shall be displayed to Users 4 in a 

manner that is separately identifiable 

from other Exchange orders, at or within 

the NBBO price for a period of time not 

to exceed five hundred milliseconds, as 

determined by the Exchange. 

In light of the Commission’s order 

instituting proceedings to determine 

whether to disapprove the abovereferenced proposed rule change,5 the 

Exchange withdrew the filing 

mentioned above on February 25, 2011 

and ceased offering the Step-up order as 

of the close of business on February 28, 

2011. 

The Exchange now proposes to delete 

rules that reference Step-up orders. 

Therefore, it is proposing to delete Rules 

11.5(c)(11) and 11.9(b)(1)(C). As a result, 

conforming changes have been made to 

re-number current Rules 11.5(c)(12)– 

(14) as Rules 11.5(c)(11)–(13). In 

addition, a conforming change is 

proposed to re-number the reference to 

Discretionary Orders, as set forth in 

Rule 11.8(a)(2)(C). 

2. Statutory Basis 

The statutory basis for the proposed 

rule change is Section 6(b)(5) of the 

Act,6 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. Since the Step-up order 

type was an enhanced functionality 

offered by the Exchange not required 

under the Act, the Exchange would like 

to remove references to it from its 

rulebook. 

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 

Within 45 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 16469 

7 In approving the proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

8 15 U.S.C. 78f(b)(5). 

9See supra Section II.A.2. 

10 15 U.S.C. 78s(b)(2). 

11 17 CFR 200.30–3(a)(12). 

organization consents, the Commission 

will: 

(a) By order approve or disapprove 

such proposed rule change; or 

(b) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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 rulecomments@sec.gov. Please include File 

Number SR–EDGA–2011–07 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–EDGA–2011–07. 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 

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 website 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 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–EDGA– 

2011–07 and should be submitted on or 

before April 13, 2011. 

V. Commission’s Findings and Order 

Granting Accelerated Approval of a 

Proposed Rule Change 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange.7 In 

particular, the Commission finds that 

the proposed rule change is consistent 

with the requirements of Section 6(b)(5) 

of the Act,8 which requires, among other 

things, that the Exchange’s rules be 

designed to promote just and equitable 

principles of trade, to foster cooperation 

and coordination with persons engaged 

in regulating, clearing, settling, 

processing information with respect to, 

and facilitating transactions in 

securities, to remove impediments to 

and perfect the mechanism of a free and 

open market a national market system, 

and in general, to protect investors and 

the public interest. The Commission 

agrees with the Exchange that the StepUp order type is a functionality that is 

not required under the Act.9

The Commission finds good cause, 

pursuant to Section 19(b)(2) of the 

Act,10 for approving the proposed rule 

change prior to the 30th day after 

publication of notice in the Federal 

Register. Accelerated approval will 

allow the Exchange to delete references 

to an order type in its rules that is not 

required under the Act and that the 

Exchange has determined to 

discontinue. 

VI. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (SR–EDGA–2011– 

07) is hereby approved on an 

accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–6836 Filed 3–22–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket DOT–OST–2010–0260] 

Application of Air Charter, Inc. D/B/A 

Air Flamenco for Commuter Authority 

AGENCY: Department of Transportation. 

ACTION: Notice of Order to Show Cause 

(Order 2011–3–21), Docket DOT–OST– 

2010–0260. 

SUMMARY: The Department of 

Transportation is directing all interested 

persons to show cause why it should 

not issue an order finding Air Charter, 

Inc. d/b/a Air Flamenco fit, willing, and 

able, and awarding it Commuter Air 

Carrier Authorization. 

DATES: Persons wishing to file 

objections should do so no later than 

March 31, 2011. 

ADDRESSES: Objections and answers to 

objections should be filed in Docket 

DOT–OST–2010–0260 and addressed to 

U.S. Department of Transportation, 

Docket Operations, (M–30, Room W12– 

140), 1200 New Jersey Avenue, SE., 

West Building Ground Floor, 

Washington, DC 20590, and should be 

served upon the parties listed in 

Attachment A to the order. 

FOR FURTHER INFORMATION CONTACT: 

Scott A. Faulk, Air Carrier Fitness 

Division (X–56, Room W86–487), U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, (202) 366–9721. 

Dated: March 17, 2011. 

Susan L. Kurland, 

Assistant Secretary for Aviation and 

International Affairs. 

[FR Doc. 2011–6814 Filed 3–22–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Sixteenth Meeting: RTCA Special 

Committee 205/EUROCAE WG–71: 

Software Considerations in 

Aeronautical Systems 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of RTCA Special 

Committee 205/EUROCAE WG–71 

meeting: Software Considerations in 

Aeronautical Systems. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

RTCA Special Committee 205/ 

EUROCAE WG–71: Software 

Considerations in Aeronautical Systems 

Agenda for the 16th meeting. 


jlentini on DSKJ8SOYB1PROD with NOTICES