

[Federal Register: July 20, 2007 (Volume 72, Number 139)]
[Notices]               
[Page 39865-39866]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy07-94]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56064; File No. SR-CHX-2006-42]

 
Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 
1 Thereto, To Modify Provisions Relating to Cross With Yield Orders

July 13, 2007.
    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 December 22, 2006, the Chicago Stock Exchange, Inc. (``CHX'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been substantially prepared by the CHX. 
On July 6, 2007, the Exchange filed Amendment No. 1 to the proposed 
rule change.\3\ The Commission is publishing this notice to solicit 
comments on the proposed rule change, as amended, from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1, which replaced the original filing in its 
entirety, removed a proposal that would have allowed the Exchange's 
Matching System to reprice sell short mid-point cross orders. The 
Exchange believes that such repricing is no longer necessary due to 
the Commission's recent decision to eliminate Rule 10a-1 and all 
similar pricing tests that might be applied to sell short orders. 
See Securities Exchange Act Release No. 55970 (June 28, 2007), 72 FR 
36348 (July 3, 2007). Amendment No. 1 also removed a proposed 
effective date for the new order type and made other small wording 
changes to the narrative description.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The CHX proposes to amend its rules to permit participants 
submitting ``cross with yield'' orders to elect to yield to undisplayed 
interest. The text of this proposed rule change is available at the 
Exchange, on the Exchange's Web site at: http://www.chx.com/rules/proposed_rules.htm
, 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 on the proposed rule change. 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
    As part of the Exchange's new trading model, the CHX offers its 
participants a wide variety of order types that may be submitted to the 
CHX and its central matching engine (``Matching System'').\4\ As the 
CHX and its participants gain familiarity with this new trading model, 
further dialogue with participant firms, as well as industry 
developments, will likely necessitate further refinement of the CHX new 
trading model rules, including the sort of order type enhancement 
proposed in this submission.
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    \4\ See, e.g., CHX Article 1, Rule 2 and CHX Article 20, Rule 4 
(outlining the range of available order types).
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    This proposed rule change would amend the definition of a ``cross 
with yield'' order to permit a CHX participant to elect to yield to 
undisplayed market interest in addition to bids and offers that are 
displayed in the Matching System. This change is consistent with the 
purpose of a cross with yield order--a participant selects this type of 
order because it wants its customer order to interact with available 
market interest. This proposal, which simply expands the types of 
orders to which a participant's interest would yield, is reflected in 
changes to Article 1, Rule 2(h) and Article 20, Rules 4(b)(7) and 8(e) 
of the Exchange's rules.
2. Statutory Basis
    The CHX believes the proposal is consistent with the requirements 
of the Act and the rules and regulations

[[Page 39866]]

thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of section 6(b).\5\ The CHX 
believes the proposal is consistent with section 6(b)(5) of the Act \6\ 
in that it is designed to promote just and equitable principles of 
trade, to remove impediments to, and to perfect the mechanism of, a 
free and open market and a national market system, and, in general, to 
protect investors and the public interest by permitting the Exchange to 
further refine its product offerings.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 6 15 U.S.C. 78f(b)(5).
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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.

C. Self-Regulatory Organization's Statement on Comments on 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

    Within 35 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 Exchange consents, the Commission will:
    (A) By order approve 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: rule-comments@sec.gov. Please include 

File Number SR-CHX-2006-42 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CHX-2006-42. 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 inspection and 
copying 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-2006-42 and should be 
submitted on or before August 10, 2007.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-14037 Filed 7-19-07; 8:45 am]

BILLING CODE 8010-01-P
