Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 19823 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(6). When filing a proposed 

rule change pursuant to Rule 19b–4(f)(6) under the 

Act, an exchange is required to give the 

Commission 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 Commission 

notes that the Exchange has satisfied this 

requirement. 

11 17 CFR 240.19b–4(f)(6)(iii). 

12 Id. 

13For the purposes only of waiving the operative 

delay of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing 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 for 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, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 9 and Rule 19b– 

4(f)(6) thereunder.10

A proposed rule change filed under 

Rule 19b–4(f)(6) normally may not 

become operative prior to 30 days after 

the date of filing.11 However, Rule 19b– 

4(f)(6) 12 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 requested that the 

Commission waive the 30-day operative 

delay. 

The Commission has considered the 

Exchange’s request to waive the 30-day 

operative delay. The Commission 

believes that waiving the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest, as it will allow the pilot 

program to continue uninterrupted, 

thereby avoiding the investor confusion 

that could result from a temporary 

interruption in the pilot program.13 For 

this reason, the Commission designates 

the proposed rule change to be operative 

upon filing. 

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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

change should be approved or 

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, as amended, 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–BX–2011–018 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–BX–2011–018. 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 such filing 

also will be available for inspection and 

copying at the principal offices 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–BX–2011–018, and should 

be submitted on or before April 29, 

2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–8376 Filed 4–7–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64175; File No. SR–Phlx– 

2011–44] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Extend the 

Pilot Period of the Trading Pause for 

Individual Stocks Contained in the 

Standard & Poor’s 500 Index, Russell 

1000 Index, and Specified Exchange 

Traded Products That Experience a 

Price Change of 10% or More During a 

Five-Minute Period 

April 4, 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 31, 

2011, NASDAQ OMX PHLX LLC 

(‘‘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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

The Exchange proposes to extend the 

pilot period of the trading pause for 

individual stocks contained in the 

Standard & Poor’s 500 Index, Russell 

1000 Index, and specified Exchange 

Traded Products that experience a price 

change of 10% or more during a fiveminute period, so that the pilot will 

now 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, applies. 

The text of the proposed rule change 

is below. Proposed new language is 

italicized; proposed deletions are in 

brackets. 

* * * * * 


srobinson on DSKHWCL6B1PROD with NOTICES
19824 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 

3Securities Exchange Act Release No. 62252 

(June 10, 2010), 75 FR 34186 (June 16, 2010). 

4The term ‘‘Listing Markets’’ refers collectively to 

NYSE, NYSE Amex, NYSE Arca, and NASDAQ. 

5Securities Exchange Act Release No. 62884 

(September 10, 2010), 75 FR 56618 (September 16, 

2010). 

6Securities Exchange Act Release No. 62877 

(September 9, 2010), 75 FR 56633 (September 16, 

2010) (SR–Phlx–2010–79). 

7Securities Exchange Act Release No. 63004 

(September 29, 2010), 75 FR 61547 (October 5, 

2010) (SR–Phlx–2010–126). 

8Securities Exchange Act Release No. 63504 

(December 9, 2010), 75 FR 78304 (December 15, 

2010) (SR–Phlx–2010–174). 

9 15 U.S.C. 78f(b)(5). 

10 15 U.S.C. 78k–1(a)(1). 

Rule 3100. Trading Halts on PSX 

(a) Authority to Initiate Trading Halts or 

Pauses 

In circumstances in which the Exchange 

deems it necessary to protect investors and 

the public interest, and pursuant to the 

procedures set forth in paragraph (c): 

(1)–(3) No change. 

(4) If a primary listing market issues an 

individual stock trading pause in any of the 

Circuit Breaker Securities, as defined herein, 

the Exchange will pause trading in that 

security until trading has resumed on the 

primary listing market. If, however, trading 

has not resumed on the primary listing 

market and ten minutes have passed since 

the individual stock trading pause message 

has been received from the responsible single 

plan processor, the Exchange may resume 

trading in such stock. The provisions of this 

paragraph (a)(4) shall be in effect during a 

pilot set to end 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, applies [April 

11, 2011]. During the pilot, the term ‘‘Circuit 

Breaker Securities’’ shall mean the securities 

included in the S&P 500® Index and the 

Russell 1000® Index, as well as a pilot list 

of Exchange Traded Products. 

(b)–(c) No change. 

* * * * * 

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 

Exchange 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 

On June 10, 2010, the Commission 

granted accelerated approval, for a pilot 

period to end December 10, 2010, of 

proposed rule changes submitted by the 

of the BATS Exchange, Inc., NASDAQ 

OMX BX, Inc., Chicago Board Options 

Exchange, Incorporated, Chicago Stock 

Exchange, Inc., EDGA Exchange, Inc., 

EDGX Exchange, Inc., International 

Securities Exchange LLC, The NASDAQ 

Stock Market LLC (‘‘NASDAQ’’), New 

York Stock Exchange LLC (‘‘NYSE’’), 

NYSE Amex LLC (‘‘NYSE Amex’’), NYSE 

Arca, Inc. (‘‘NYSE Arca’’), and National 

Stock Exchange, Inc. (collectively, the 

‘‘Exchanges’’), to pause trading during 

periods of extraordinary market 

volatility in S&P 500 stocks.3 The rules 

require the Listing Markets 4 to issue 

five-minute trading pauses for 

individual securities for which they are 

the primary Listing Market if the 

transaction price of the security moves 

ten percent or more from a price in the 

preceding five-minute period. The 

Listing Markets are required to notify 

the other Exchanges and market 

participants of the imposition of a 

trading pause by immediately 

disseminating a special indicator over 

the consolidated tape. Under the rules, 

once the Listing Market issues a trading 

pause, the other Exchanges are required 

to pause trading in the security on their 

markets. On September 10, 2010, the 

Commission approved the respective 

rule filings of the Exchanges to expand 

application of the pilot to securities 

comprising the Russell 1000® Index and 

specified Exchange Traded Products.5

In connection with its resumption of 

trading of NMS Stocks through the 

NASDAQ OMX PSX system, the 

Exchange adopted Rule 3100(a)(4) so 

that it could participate in the pilot 

program.6 On September 29, 2010, the 

Exchange amended Rule 3100(a)(4) to 

include stocks comprising the Russell 

1000® Index and specified Exchange 

Traded Products.7 On December 7, 

2010, the Exchange filed an 

immediately effective filing to extend 

the existing pilot program for four 

months, so that the pilot would expire 

on April 11, 2011.8

The Exchange believes that the pilot 

program has been successful in reducing 

the negative impacts of sudden, 

unanticipated price movements in the 

securities covered by the pilot. The 

Exchange also believes that an 

additional four month extension of the 

pilot is warranted so that it may 

continue to assess whether circuit 

breakers are the best means to reduce 

the negative impacts of sudden, 

unanticipated price movements or 

whether alternative mechanisms would 

be more effective in achieving this goal. 

In this regard, the Exchange notes that 

the Exchanges are developing a ‘‘limit 

up/limit down’’ mechanism to reduce 

the negative impacts of sudden, 

unanticipated price movements in 

securities traded on the Exchanges. As 

such, the proposed extension may be 

shorter in duration should the Exchange 

adopt a limit up/limit down mechanism 

to address extraordinary market 

volatility. Accordingly, the Exchange is 

filing to further extend the pilot 

program until the earlier of August 11, 

2011 or the date on which a limit up/ 

limit down mechanism to address 

extraordinary market volatility, if 

adopted, applies. 

2. Statutory Basis 

The statutory basis for the proposed 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’),9 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) 10 of the 

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 transparency and uniformity 

across markets concerning decisions to 

pause trading in a security when there 

are significant price movements. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing 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 for 30 days from the date on 

which it was filed, or such shorter time 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 19825 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(6). When filing a proposed 

rule change pursuant to Rule 19b–4(f)(6) under the 

Act, an exchange is required to give the 

Commission 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 Commission 

notes that the Exchange has satisfied this 

requirement. 

13 17 CFR 240.19b–4(f)(6)(iii). 

14 Id. 

15For the purposes only of waiving the operative 

delay of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). 

as the Commission may designate if 

consistent with the protection of 

investors and the public interest, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 11 and Rule 19b– 

4(f)(6) thereunder.12

A proposed rule change filed under 

Rule 19b–4(f)(6) normally may not 

become operative prior to 30 days after 

the date of filing.13 However, Rule 19b– 

4(f)(6) 14 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 requested that the 

Commission waive the 30-day operative 

delay. 

The Commission has considered the 

Exchange’s request to waive the 30-day 

operative delay. The Commission 

believes that waiving the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest, as it will allow the pilot 

program to continue uninterrupted, 

thereby avoiding the investor confusion 

that could result from a temporary 

interruption in the pilot program.15 For 

this reason, the Commission designates 

the proposed rule change to be operative 

upon filing. 

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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

change should be approved or 

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, as amended, 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–Phlx–2011–44 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–Phlx–2011–44. 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 such filing 

also will be available for inspection and 

copying at the principal offices 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–Phlx–2011–44, and should 

be submitted on or before April 29, 

2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–8375 Filed 4–7–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 7410] 

Bureau of Western Hemisphere Affairs; 

Executive Order 11423, as Amended; 

Notice of Receipt of Application for a 

Presidential Permit To Reconfigure 

and Expand the Calexico West Land 

Port of Entry (LPOE) on the U.S.- 

Mexico Border at Calexico, CA and 

Mexicali, Baja California, Mexico 

AGENCY: Department of State. 

ACTION: Notice. 

SUMMARY: The Department of State 

hereby gives notice that, on March 11, 

2011, it received an application for a 

Presidential Permit to authorize the 

reconfiguration and expansion of the 

Calexico West Land Port of Entry 

(LPOE) on the U.S.-Mexico border at 

Calexico, California and Mexicali, Baja 

California, Mexico. The General 

Services Administration (GSA) filed this 

application and is acting as the project’s 

sponsor. The Department of State’s 

jurisdiction over this application is 

based upon Executive Order 11423 of 

August 16, 1968, as amended. As 

provided in E.O. 11423, the Department 

is circulating this application to relevant 

Federal and State agencies for review 

and comment. Under E.O. 11423, the 

Department has the responsibility to 

determine, taking into account input 

from these agencies and other 

stakeholders, whether the proposed 

expansion of this border crossing is in 

the U.S. national interest. GSA has 

informed the Department that it plans to 

release its final Environmental Impact 

Statement (EIS) regarding this project to 

the public on June 3, 2011. GSA 

released a draft EIS in June, 2010, which 

is available at http://www.gsa.gov/

graphics/pbs/Calexico_PDES_June_

2010b508.pdf. The Department of State 

received a copy of that draft EIS and 

provided comments to GSA. GSA has 

also informed the Department that it 

anticipates that the GSA Administrator 

will be in a position to reach an official 

Record of Decision on this project by 

July 2011. 

DATES: Interested members of the public 

are invited to submit written comments 

regarding this application on or before 

14 days after the GSA Regional 

Administrator reaches his/her Record of 

Decision to Mr. Stewart Tuttle, U.S.- 

Mexico Border Affairs Coordinator, via 

e-mail at WHA-BorderAffairs@state.gov 

or by mail at WHA/MEX—Room 3908, 

Department of State, 2201 C St. NW., 

Washington, DC 20520. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stewart Tuttle, U.S.-Mexico Border 


srobinson on DSKHWCL6B1PROD with NOTICES