Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc., 7646-7648 [2010-3330]
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
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:
[FR Doc. 2010–3331 Filed 2–19–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEArca–2010–05 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.
cprice-sewell on DSK2BSOYB1PROD with NOTICES
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[Release No. 34–61508; File No. SR–BATS–
2010–001]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Fees for Use
of BATS Exchange, Inc.
February 5, 2010.
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
29, 2010, BATS Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BATS’’) filed with the
All submissions should refer to File
Securities and Exchange Commission
Number SR–NYSEArca–2010–05. This
(‘‘Commission’’) the proposed rule
file number should be included on the
subject line if e-mail is used. To help the change as described in Items I, II and III
below, which Items have been prepared
Commission process and review your
by the Exchange. BATS has designated
comments more efficiently, please use
only one method. The Commission will the proposed rule change as one
post all comments on the Commission’s establishing or changing a member due,
fee, or other charge imposed by the
Internet Web site (https://www.sec.gov/
Exchange under Section 19(b)(3)(A)(ii)
rules/sro.shtml). Copies of the
of the Act 3 and Rule 19b–4(f)(2)
submission, all subsequent
thereunder,4 which renders the
amendments, all written statements
proposed rule change effective upon
with respect to the proposed rule
filing with the Commission. The
change that are filed with the
Commission is publishing this notice to
Commission, and all written
solicit comments on the proposed rule
communications relating to the
change from interested persons.
proposed rule change between the
Commission and any person, other than I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
those that may be withheld from the
the Proposed Rule Change
public in accordance with the
provisions of 5 U.S.C. 552, will be
The Exchange proposes to modify its
available for Web site viewing and
fee schedule applicable to Members 5 of
printing in the Commission’s Public
the Exchange pursuant to BATS Rules
Reference Room, 100 F Street, NE.,
15.1(a) and (c). While changes to the fee
schedule pursuant to this proposal will
Washington, DC 20549, on official
be effective upon filing, the changes will
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also become operative on February 1, 2010.
The text of the proposed rule change
will be available for inspection and
is available at the Exchange’s Web site
copying at the principal office of the
at https://www.batstrading.com, at the
Exchange. All comments received will
principal office of the Exchange, and at
be posted without change; the
the Commission’s Public Reference
Commission does not edit personal
Room.
identifying information from
submissions. You should submit only
10 17 CFR 200.30–3(a)(12).
information that you wish to make
1 15 U.S.C. 78s(b)(1).
available publicly. All submissions
2 17 CFR 240.19b–4.
should refer to File Number SR–
3 15 U.S.C. 78s(b)(3)(A)(ii).
NYSEArca–2010–05 and should be
4 17 CFR 240.19b–4(f)(2).
5 A Member is any registered broker or dealer that
submitted on or before March 15, 2010.
has been admitted to membership in the Exchange.
VerDate Nov<24>2008
15:26 Feb 19, 2010
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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 parts 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 modify its
fee schedule applicable to use of the
Exchange effective February 1, 2010, in
order to (i) implement a fee of 0.10% of
the total dollar value for trades that
remove liquidity in securities priced
below $1.00; (ii) increase the fee
charged by the Exchange for its
‘‘CYCLE’’ and ‘‘RECYCLE’’ routing
strategies from $0.0026 per share to
$0.0027 per share; and (iii) amend the
fees for certain destination specific
routing options to continue to offer a
‘‘one under’’ pricing model.
(i) Charge for Removing Liquidity in
Securities Priced Below $1.00
The Exchange has not previously
charged Members for transactions that
remove liquidity from or add liquidity
to the Exchange’s book in securities
priced below $1.00. The Exchange
proposes to begin charging 0.10% of the
total dollar value of the execution for
any security (all Tapes) priced under
$1.00 that removes liquidity from the
Exchange’s book. The Exchange is not
proposing to provide a liquidity rebate
in such securities at this time. The
Exchange believes that a nominal fee is
warranted for securities priced below
$1.00 for various reasons, including that
such transactions inevitably contribute
to the overall infrastructure costs
incurred by the Exchange.
(ii) Increase in Routing Fees for
‘‘CYCLE’’ and ‘‘RECYCLE’’ Routing
Based on increased fees at various
market centers to remove liquidity, the
Exchange proposes to modify the fee
charged by the Exchange for its
‘‘CYCLE’’ and ‘‘RECYCLE’’ routing
strategies from $0.0026 per share to
$0.0027 per share. To be consistent with
this change, the Exchange proposes to
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22FEN1
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
charge 0.27%, rather than 0.26%, of the
total dollar value of the execution for
any security (all Tapes) priced under
$1.00 per share that is routed away from
the Exchange through CYCLE or
RECYCLE.
cprice-sewell on DSK2BSOYB1PROD with NOTICES
(iii) One Under Pricing for Destination
Specific Orders
The Exchange has previously
provided a discounted price fee for
Destination Specific Orders routed to
certain of the largest market centers
measured by volume (NYSE, NYSE Arca
and NASDAQ), which, in each instance
has been $0.0001 less per share for
orders routed to such market centers by
the Exchange than such market centers
currently charge for removing liquidity
(referred to by the Exchange as ‘‘One
Under’’ pricing). Based on changes in
pricing at such market centers, BATS is
proposing various changes to its prices
for Destination Specific Orders to align
its fees so they are $0.0001 less per
share for orders routed to such market
centers as of February 1, 2010.
Specifically, because NYSE Arca has
eliminated the distinction in its fees
between Tape A, B, and C securities the
Exchange proposes to eliminate that
same distinction for BATS + NYSE Arca
Destination Specific Orders. Thus, the
Exchange proposes to normalize the fee
charged for BATS + NYSE ARCA
Destination Specific Orders executed at
NYSE Arca at $0.0027 per share, which
fee is a reduction for Tape A and C
securities from $0.0029 per share. Also,
the Exchange proposes to continue to
charge $0.0029 per share for BATS +
NASDAQ Destination Specific Orders
executed at NASDAQ in Tape A and C
securities, but to reduce the fee to
$0.0027 per share for BATS + NASDAQ
Destination Specific Orders executed at
NASDAQ in Tape B securities. Each of
the changes described above will result
in the Exchange charging $0.0001 less
per share for orders routed to certain
market centers as Destination Specific
Orders.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder that
are applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6 of the Act.6
Specifically, the Exchange believes that
the proposed rule change is consistent
with Section 6(b)(4) of the Act,7 in that
it provides for the equitable allocation
of reasonable dues, fees and other
6 15
U.S.C. 78f.
7 15 U.S.C. 78f(b)(4).
VerDate Nov<24>2008
15:26 Feb 19, 2010
charges among members and other
persons using any facility or system
which the Exchange operates or
controls. The Exchange notes that it
operates in a highly competitive market
in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive. The
Exchange believes that its fees and
credits are competitive with those
charged by other venues and that the
various changes it has proposed to
reduce its fees will benefit Members due
to the obvious economic savings
Members will receive. For those
proposed changes that will result in
increased fees charged to Members,
such as the charge for trades that
remove liquidity in securities below
$1.00 and the increased fee for CYCLE
and RECYCLE routing, the Exchange
believes that any additional revenue it
receives will allow the Exchange to
devote additional capital to its
operations, which may, in turn, benefit
Members of the Exchange. Finally, the
Exchange believes that the proposed
rates are equitable in that they apply
uniformly to all Members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change imposes 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 solicited
or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has been designated as a fee change
pursuant to Section 19(b)(3)(A)(ii) of the
Act 8 and Rule 19b–4(f)(2) thereunder,9
because it establishes or changes a due
fee or other charge imposed on members
by the Exchange. Accordingly, the
proposal is effective upon filing with
the Commission.
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
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.
8 15
U.S.C. 78s(b)(3)(A)(ii).
9 17 CFR 240.19b–4(f)(2).
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7647
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposal is
consistent with the Act. Comments may
be submitted by any of the following
methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–BATS–2010–001 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 No.
SR–BATS–2010–001. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission,10 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 changes 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 pm. Copies of such filing also
will be available for inspection and
copying at the principal office of BATS.
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 No.
SR–BATS–2010–001 and should be
submitted on or before March 15, 2010.
10 The text of the proposed rule change is
available on the Commission’s Web site at https://
www.sec.gov/rules/sro.shtml.
E:\FR\FM\22FEN1.SGM
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7648
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–3330 Filed 2–19–10; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
Agency Information Collection
Activities: Emergency Request
The Social Security Administration
(SSA) publishes a list of information
collection packages requiring clearance
by the Office of Management and
Budget (OMB) in compliance with
Public Law (Pub. L.) 104–13, the
Paperwork Reduction Act of 1995,
effective October 1, 1995. This notice
includes a new form for which we are
requesting emergency OMB clearance.
SSA is soliciting comments on the
accuracy of the agency’s burden
estimate; the need for the information;
its practical utility; ways to enhance its
quality, utility, and clarity; and ways to
minimize burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Mail, e-mail, or
fax your comments and
recommendations on the information
collection to the OMB Desk Officer and
the SSA Reports Clearance Officer to the
following addresses or fax numbers.
(OMB) Office of Management and
Budget, Attn: Desk Officer for SSA,
Fax: 202–395–6974, E-mail address:
OIRA_Submission@omb.eop.gov.
(SSA) Social Security Administration,
DCBFM, Attn: Reports Clearance
Officer, 1340 Annex Building, 6401
Security Blvd., Baltimore, MD 21235,
Fax: 410–965–8783, E-mail address:
OPLM.RCO@ssa.gov.
SSA submitted the information
collection below to OMB for Emergency
Clearance. SSA is requesting Emergency
Clearance from OMB no later than
March 1, 2010. Individuals can obtain
copies of the collection instrument by
calling the SSA Reports Clearance
Officer or by writing to the above e-mail
address.
Request for Accommodation in
Communication Method—0960–NEW.
Background
In a recent legal action, American
Council of the Blind, et al. v. Michael
Astrue and Social Security
Administration (No. C 05–04696 WHA
(N.D. Cal.)), class plaintiffs representing
blind or visually impaired Social
Security applicants, beneficiaries,
recipients, and representative payees
challenged the adequacy of the modes of
communication used by SSA in its
notices and other communications.
Prior to the district court’s order of
October 20, 2009, in American Council
of the Blind, SSA had offered three
modes of communications for blind and
visually impaired Social Security
beneficiaries: (1) A standard print notice
by first-class mail; (2) a standard print
notice by first-class mail with a followup telephone call; and (3) certified mail.
In American Council of the Blind, the
district court required SSA to begin
offering two new modes of
communication to blind or visually
impaired applicants, beneficiaries,
recipients, and representative payees:
Braille and Microsoft Word files (on
data compact discs).
Current Information Collection
In accordance with the court order,
beginning January 1, 2010, affected
parties can call a designated SSA
number and tell the agency which of the
following five methods of
communication they want the agency to
use for their notices and other
communications: (1) Standard print
notice by first-class mail, (2) standard
print mail with a follow-up telephone
call, (3) certified mail, (4) Braille, or (5)
Microsoft Word. This call did not
require OMB clearance.
However, there may be respondents
who want SSA to use another
communication method. SSA has
created form SSA–9000, the Request for
Accommodation in Communication
Method, for these situations. This form
will ask respondents to describe the
type of accommodation they want, to
disclose the condition they have that
necessitates the need for a different type
of accommodation, and to explain why
none of the five methods described
above are sufficient for their needs.
Since we must make this form
available shortly due to court-ordered
deadlines, we are requesting emergency
clearance. The respondents are Social
Security applicants, beneficiaries,
recipients, and representative payees
who are blind or visually impaired and
are asking SSA to send them notices and
other communications in an alternative
method besides the five modalities
described in this Notice.
Type of Request: Emergency clearance
of a new information collection.
Number of
respondents
Method of information collection
Personal interview (over the phone or in-person) ...................................................................................
Form (taken or mailed from field office) ..................................................................................................
Response
time
(minutes)
Burden
(hours)
[FR Doc. 2010–3304 Filed 2–19–10; 8:45 am]
cprice-sewell on DSK2BSOYB1PROD with NOTICES
SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974, as Amended;
Computer Matching Program (SSA/
Department of Veterans Affairs/
Veterans Benefits Administration (VA/
VBA))—Match Number 1309
BILLING CODE 4191–02–P
[Docket No. SSA 2010–0006]
AGENCY:
Social Security Administration
(SSA).
11 17
10
15
333
125
2,500
Dated: February 16, 2010.
Faye Lipsky,
Acting Reports Clearance Officer, Social
Security Administration.
2,000
500
....................
458
ACTION: Notice of a renewal of an
existing computer matching program
that is scheduled to expire on April 1,
2010.
SUMMARY: In accordance with the
provisions of the Privacy Act, as
amended, this notice announces a
renewal of an existing computer
matching program that we are currently
conducting with VA/VBA.
DATES: We will file a report of the
subject matching program with the
CFR 200.30–3(a)(12).
VerDate Nov<24>2008
15:26 Feb 19, 2010
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]]>Agencies
[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Pages 7646-7648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3330]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61508; File No. SR-BATS-2010-001]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.
February 5, 2010.
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 29, 2010, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 prepared by the Exchange. BATS has
designated the proposed rule change as one establishing or changing a
member due, fee, or other charge imposed by the Exchange under Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposed rule change effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to modify its fee schedule applicable to
Members \5\ of the Exchange pursuant to BATS Rules 15.1(a) and (c).
While changes to the fee schedule pursuant to this proposal will be
effective upon filing, the changes will become operative on February 1,
2010.
---------------------------------------------------------------------------
\5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------
The text of the proposed rule change is available at the Exchange's
Web site at https://www.batstrading.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 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 parts 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 modify its fee schedule applicable to use
of the Exchange effective February 1, 2010, in order to (i) implement a
fee of 0.10% of the total dollar value for trades that remove liquidity
in securities priced below $1.00; (ii) increase the fee charged by the
Exchange for its ``CYCLE'' and ``RECYCLE'' routing strategies from
$0.0026 per share to $0.0027 per share; and (iii) amend the fees for
certain destination specific routing options to continue to offer a
``one under'' pricing model.
(i) Charge for Removing Liquidity in Securities Priced Below $1.00
The Exchange has not previously charged Members for transactions
that remove liquidity from or add liquidity to the Exchange's book in
securities priced below $1.00. The Exchange proposes to begin charging
0.10% of the total dollar value of the execution for any security (all
Tapes) priced under $1.00 that removes liquidity from the Exchange's
book. The Exchange is not proposing to provide a liquidity rebate in
such securities at this time. The Exchange believes that a nominal fee
is warranted for securities priced below $1.00 for various reasons,
including that such transactions inevitably contribute to the overall
infrastructure costs incurred by the Exchange.
(ii) Increase in Routing Fees for ``CYCLE'' and ``RECYCLE'' Routing
Based on increased fees at various market centers to remove
liquidity, the Exchange proposes to modify the fee charged by the
Exchange for its ``CYCLE'' and ``RECYCLE'' routing strategies from
$0.0026 per share to $0.0027 per share. To be consistent with this
change, the Exchange proposes to
[[Page 7647]]
charge 0.27%, rather than 0.26%, of the total dollar value of the
execution for any security (all Tapes) priced under $1.00 per share
that is routed away from the Exchange through CYCLE or RECYCLE.
(iii) One Under Pricing for Destination Specific Orders
The Exchange has previously provided a discounted price fee for
Destination Specific Orders routed to certain of the largest market
centers measured by volume (NYSE, NYSE Arca and NASDAQ), which, in each
instance has been $0.0001 less per share for orders routed to such
market centers by the Exchange than such market centers currently
charge for removing liquidity (referred to by the Exchange as ``One
Under'' pricing). Based on changes in pricing at such market centers,
BATS is proposing various changes to its prices for Destination
Specific Orders to align its fees so they are $0.0001 less per share
for orders routed to such market centers as of February 1, 2010.
Specifically, because NYSE Arca has eliminated the distinction in its
fees between Tape A, B, and C securities the Exchange proposes to
eliminate that same distinction for BATS + NYSE Arca Destination
Specific Orders. Thus, the Exchange proposes to normalize the fee
charged for BATS + NYSE ARCA Destination Specific Orders executed at
NYSE Arca at $0.0027 per share, which fee is a reduction for Tape A and
C securities from $0.0029 per share. Also, the Exchange proposes to
continue to charge $0.0029 per share for BATS + NASDAQ Destination
Specific Orders executed at NASDAQ in Tape A and C securities, but to
reduce the fee to $0.0027 per share for BATS + NASDAQ Destination
Specific Orders executed at NASDAQ in Tape B securities. Each of the
changes described above will result in the Exchange charging $0.0001
less per share for orders routed to certain market centers as
Destination Specific Orders.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\6\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\7\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that its fees
and credits are competitive with those charged by other venues and that
the various changes it has proposed to reduce its fees will benefit
Members due to the obvious economic savings Members will receive. For
those proposed changes that will result in increased fees charged to
Members, such as the charge for trades that remove liquidity in
securities below $1.00 and the increased fee for CYCLE and RECYCLE
routing, the Exchange believes that any additional revenue it receives
will allow the Exchange to devote additional capital to its operations,
which may, in turn, benefit Members of the Exchange. Finally, the
Exchange believes that the proposed rates are equitable in that they
apply uniformly to all Members.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f.
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change imposes
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 solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2) thereunder,\9\ because it establishes or changes a due fee or
other charge imposed on members by the Exchange. Accordingly, the
proposal is effective upon filing with the Commission.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A)(ii).
\9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 proposal is
consistent with the Act. Comments may be submitted by any of the
following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File No. SR-BATS-2010-001 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 No. SR-BATS-2010-001. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission,\10\ 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 changes 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 pm. Copies of such filing also will be
available for inspection and copying at the principal office of BATS.
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 No. SR-BATS-2010-001 and
should be submitted on or before March 15, 2010.
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\10\ The text of the proposed rule change is available on the
Commission's Web site at https://www.sec.gov/rules/sro.shtml.
[[Page 7648]]
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For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3330 Filed 2-19-10; 8:45 am]
BILLING CODE 8011-01-P
