Joint Industry Plan; Notice of Filing and Order Granting Temporary Effectiveness of Amendment to Plan Establishing Procedures Under Rule 605 of Regulation NMS, 18246-18247 [2010-8152]

Download as PDF 18246 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices enforcement issues affecting their members. Anyone wishing to attend or make a presentation must contact Cynthia Harris, in writing or by fax, in order to be placed on the agenda. Cynthia Harris, Business Development Specialist, SBA, San Diego District Office, 550 West C Street, Suite 550, San Diego, CA, phone (619) 727–4884 and fax (202) 481–0895, e-mail: Cynthia.harris@sba.gov. For more information, see our Web site at https://www.sba.gov/ombudsman. Meaghan Burdick, Deputy Chief of Staff. [FR Doc. 2010–8147 Filed 4–8–10; 8:45 am] BILLING CODE P Dated: April 5, 2010. Florence E. Harmon, Deputy Secretary. SECURITIES AND EXCHANGE COMMISSION [FR Doc. 2010–8156 Filed 4–8–10; 8:45 am] srobinson on DSKHWCL6B1PROD with NOTICES Proposed Collection; Comment Request BILLING CODE 8011–01–P Upon Written Request; Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rules 7a–15 thru 7a–37, OMB Control No. 3235–0132, SEC File No. 270– 115. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rules 7a–15 through 7a–37 (17 CFR 260.7a–15—260.7a–37) under the Trust Indenture Act of 1939 set forth the general requirements relating to applications, statements and reports that must be filed under the Act by issuers of, and trustees to, qualified indentures under the Act. The respondents are persons and entities subject to requirements of the Trust Indenture Act. Rules 7a–15 through 7a–37 are disclosure guidelines and do not directly result in any collection of information. The Rules are assigned only one burden hour for administrative convenience. Written comments are invited on: (a) Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate VerDate Nov<24>2008 17:07 Apr 08, 2010 Jkt 220001 of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to Charles Boucher, Director/CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_Mailbox@sec.gov. agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to Charles Boucher, Director/CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_Mailbox@sec.gov. Dated: April 5, 2010. Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–8157 Filed 4–8–10; 8:45 am] SECURITIES AND EXCHANGE COMMISSION BILLING CODE 8011–01–P Proposed Collection; Comment Request SECURITIES AND EXCHANGE COMMISSION Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Form S–8, OMB Control No. 3235– 0066, SEC File No. 270–66. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for approval. Form S–8 (17 CFR 239.16b) under the Securities Act of 1933 (15 U.S.C. 77a et seq.) is the primary registration statement used by eligible registrants to register securities to be issued in connection with employee benefit plans. We estimate that Form S–8 takes approximately 24 hours per response to prepare and is filed by approximately 2,680 respondents. In addition, we estimate that 50% of the 24 hours per response (12 hours per response) is prepared by the filer for a total annual reporting burden of 32,160 hours (12 hours per response × 2,680 responses). Written comments are invited on: (a) Whether this proposed collection of information is necessary for the proper performance of the functions of the [Release No. 34–61824, File No. 4–518] PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 Joint Industry Plan; Notice of Filing and Order Granting Temporary Effectiveness of Amendment to Plan Establishing Procedures Under Rule 605 of Regulation NMS April 1, 2010. Pursuant to Section 11A(a)(3) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 608 of Regulation NMS,2 notice is hereby given that on March 30, 2010, EDGA Exchange, Inc. (‘‘EDGA’’) and EDGX Exchange, Inc. (‘‘EDGX’’) submitted to the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) an amendment to the national market system plan that establishes procedures under Rule 605 of Regulation NMS (‘‘Joint-SRO Plan’’ or ‘‘Plan’’).3 The amendment proposes to add EDGA and EDGX as participants to the Joint-SRO Plan. The Commission is publishing this notice and order to solicit comments from interested persons on the proposed Joint-SRO Plan 1 15 U.S.C. 78k–1(a)(3). CFR 242.608. 3 17 CFR 242.605. On April 12, 2001, the Commission approved a national market system plan for the purpose of establishing procedures for market centers to follow in making their monthly reports available to the public under Rule 11Ac1– 5 under the Act (n/k/a Rule 605 of Regulation NMS). See Securities Exchange Act Release No. 44177 (April 12, 2001), 66 FR 19814 (April 17, 2001). 2 17 E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices amendment, and to grant temporary effectiveness to the proposed amendment through August 9, 2010. I. Description and Purpose of the Amendment The current participants to the JointSRO Plan are the American Stock Exchange LLC (n/k/a NYSE Amex, Inc.), BATS Exchange, Inc., Boston Stock Exchange, Inc. (n/k/a NASDAQ OMX BX, Inc.), Chicago Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc., Cincinnati Stock Exchange, Inc. (n/k/a National Stock ExchangeSM), International Securities Exchange, LLC, The NASDAQ Stock Market LLC, National Association of Securities Dealers, Inc. (n/k/a Financial Industry Regulatory Authority, Inc.), New York Stock Exchange, Inc. (n/k/a New York Stock Exchange LLC), Pacific Exchange, Inc. (n/k/a NYSE Arca, Inc.), and Philadelphia Stock Exchange, Inc. (n/k/a NASDAQ OMX PHLX, Inc.). The proposed amendment would add EDGA and EDGX as participants to the JointSRO Plan. Each of EDGA and EDGX has submitted a signed copy of the JointSRO Plan to the Commission in accordance with the procedures set forth in the Plan regarding new participants. Section III(b) of the JointSRO Plan provides that a national securities exchange or national securities association may become a party to the Plan by: (i) executing a copy of the Plan, as then in effect (with the only changes being the addition of the new participant’s name in Section 11(a) of the Plan and the new participant’s single-digit code in Section VI(a)(1) of the Plan) and (ii) submitting such executed plan to the Commission for approval. srobinson on DSKHWCL6B1PROD with NOTICES II. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed JointSRO Plan amendment 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 Number 4–518 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. VerDate Nov<24>2008 17:07 Apr 08, 2010 Jkt 220001 All submissions should refer to File Number 4–518. 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, all subsequent amendments, all written statements with respect to the proposed plan amendment that are filed with the Commission, and all written communications relating to the proposed plan amendment 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 submission 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 4–518 and should be submitted on or before May 10, 2010. III. Commission’s Findings and Order Granting Accelerated Approval of Proposed Plan Amendment The Commission finds that the proposed Joint-SRO Plan amendment is consistent with the requirements of the Act and the rules and regulations thereunder.4 Specifically, the Commission believes that the proposed amendment, which permits EDGA and EDGX to become participants to the Joint-SRO Plan, is consistent with the requirements of Section 11A of the Act, and Rule 608 of Regulation NMS. The Plan establishes appropriate procedures for market centers to follow in making their monthly reports required pursuant to Rule 605 of Regulation NMS, available to the public in a uniform, readily accessible, and usable electronic format. The proposed amendment to include EDGA and EDGX as participants in the Joint-SRO Plan will contribute to the maintenance of fair and orderly markets and remove impediments to 4 In approving this proposed Joint-SRO Plan amendment, the Commission has considered the proposal’s impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 18247 and perfect the mechanisms of a national market system by facilitating the uniform public disclosure of order execution information by all market centers. The Commission finds good cause to grant temporary effectiveness to the proposed Joint-SRO Plan amendment, for 120 days, until August 9, 2010. The Commission believes that it is necessary and appropriate in the public interest, for the maintenance of fair and orderly markets, to remove impediments to, and perfect mechanisms of, a national market system to allow EDGA and EDGX to become participants in the Joint-SRO Plan. On March 12, 2010, the Commission granted the application of EDGA and EDGX for registration as national securities exchanges.5 One of the conditions to operations of EDGA and EDGX is participation in national market system plans, including the Joint-SRO Plan.6 As a Plan participant, each of EDGA and EDGX would have timely information on the Plan procedures as they are formulated and modified by the participants. The Commission finds, therefore, that granting temporary effectiveness of the proposed Joint-SRO Plan amendment is appropriate and consistent with Section 11A of the Act.7 IV. Conclusion It is therefore ordered, pursuant to Section 11A of the Act 8 and Rule 608 of Regulation NMS,9 that the proposed Joint-SRO Plan amendment is approved for 120 days, through August 9, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–8152 Filed 4–8–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold an Open Meeting on April 14, 2010 at 10 a.m., in the Auditorium, Room L–002. 5 See Securities Exchange Act Release No. 61698 (March 12, 2010), 75 FR 13151 (March 22, 2010). 6 Id. 7 15 U.S.C. 78k–1. 8 15 U.S.C. 78k–1. 9 17 CFR 242.608. 10 17 CFR 200.30–3(a)(29). E:\FR\FM\09APN1.SGM 09APN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Notices]
[Pages 18246-18247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8152]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61824, File No. 4-518]


Joint Industry Plan; Notice of Filing and Order Granting 
Temporary Effectiveness of Amendment to Plan Establishing Procedures 
Under Rule 605 of Regulation NMS

April 1, 2010.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of 
1934 (``Act'') \1\ and Rule 608 of Regulation NMS,\2\ notice is hereby 
given that on March 30, 2010, EDGA Exchange, Inc. (``EDGA'') and EDGX 
Exchange, Inc. (``EDGX'') submitted to the Securities and Exchange 
Commission (``SEC'' or ``Commission'') an amendment to the national 
market system plan that establishes procedures under Rule 605 of 
Regulation NMS (``Joint-SRO Plan'' or ``Plan'').\3\ The amendment 
proposes to add EDGA and EDGX as participants to the Joint-SRO Plan. 
The Commission is publishing this notice and order to solicit comments 
from interested persons on the proposed Joint-SRO Plan

[[Page 18247]]

amendment, and to grant temporary effectiveness to the proposed 
amendment through August 9, 2010.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ 17 CFR 242.605. On April 12, 2001, the Commission approved a 
national market system plan for the purpose of establishing 
procedures for market centers to follow in making their monthly 
reports available to the public under Rule 11Ac1-5 under the Act (n/
k/a Rule 605 of Regulation NMS). See Securities Exchange Act Release 
No. 44177 (April 12, 2001), 66 FR 19814 (April 17, 2001).
---------------------------------------------------------------------------

I. Description and Purpose of the Amendment

    The current participants to the Joint-SRO Plan are the American 
Stock Exchange LLC (n/k/a NYSE Amex, Inc.), BATS Exchange, Inc., Boston 
Stock Exchange, Inc. (n/k/a NASDAQ OMX BX, Inc.), Chicago Board Options 
Exchange, Incorporated, Chicago Stock Exchange, Inc., Cincinnati Stock 
Exchange, Inc. (n/k/a National Stock Exchange\SM\), International 
Securities Exchange, LLC, The NASDAQ Stock Market LLC, National 
Association of Securities Dealers, Inc. (n/k/a Financial Industry 
Regulatory Authority, Inc.), New York Stock Exchange, Inc. (n/k/a New 
York Stock Exchange LLC), Pacific Exchange, Inc. (n/k/a NYSE Arca, 
Inc.), and Philadelphia Stock Exchange, Inc. (n/k/a NASDAQ OMX PHLX, 
Inc.). The proposed amendment would add EDGA and EDGX as participants 
to the Joint-SRO Plan.
    Each of EDGA and EDGX has submitted a signed copy of the Joint-SRO 
Plan to the Commission in accordance with the procedures set forth in 
the Plan regarding new participants. Section III(b) of the Joint-SRO 
Plan provides that a national securities exchange or national 
securities association may become a party to the Plan by: (i) executing 
a copy of the Plan, as then in effect (with the only changes being the 
addition of the new participant's name in Section 11(a) of the Plan and 
the new participant's single-digit code in Section VI(a)(1) of the 
Plan) and (ii) submitting such executed plan to the Commission for 
approval.

II. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed 
Joint-SRO Plan amendment 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 Number 4-518 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 4-518. 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, all subsequent amendments, all written 
statements with respect to the proposed plan amendment that are filed 
with the Commission, and all written communications relating to the 
proposed plan amendment 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 submission 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 4-518 and should be submitted 
on or before May 10, 2010.

III. Commission's Findings and Order Granting Accelerated Approval of 
Proposed Plan Amendment

    The Commission finds that the proposed Joint-SRO Plan amendment is 
consistent with the requirements of the Act and the rules and 
regulations thereunder.\4\ Specifically, the Commission believes that 
the proposed amendment, which permits EDGA and EDGX to become 
participants to the Joint-SRO Plan, is consistent with the requirements 
of Section 11A of the Act, and Rule 608 of Regulation NMS. The Plan 
establishes appropriate procedures for market centers to follow in 
making their monthly reports required pursuant to Rule 605 of 
Regulation NMS, available to the public in a uniform, readily 
accessible, and usable electronic format. The proposed amendment to 
include EDGA and EDGX as participants in the Joint-SRO Plan will 
contribute to the maintenance of fair and orderly markets and remove 
impediments to and perfect the mechanisms of a national market system 
by facilitating the uniform public disclosure of order execution 
information by all market centers.
---------------------------------------------------------------------------

    \4\ In approving this proposed Joint-SRO Plan amendment, the 
Commission has considered the proposal's impact on efficiency, 
competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    The Commission finds good cause to grant temporary effectiveness to 
the proposed Joint-SRO Plan amendment, for 120 days, until August 9, 
2010. The Commission believes that it is necessary and appropriate in 
the public interest, for the maintenance of fair and orderly markets, 
to remove impediments to, and perfect mechanisms of, a national market 
system to allow EDGA and EDGX to become participants in the Joint-SRO 
Plan. On March 12, 2010, the Commission granted the application of EDGA 
and EDGX for registration as national securities exchanges.\5\ One of 
the conditions to operations of EDGA and EDGX is participation in 
national market system plans, including the Joint-SRO Plan.\6\ As a 
Plan participant, each of EDGA and EDGX would have timely information 
on the Plan procedures as they are formulated and modified by the 
participants. The Commission finds, therefore, that granting temporary 
effectiveness of the proposed Joint-SRO Plan amendment is appropriate 
and consistent with Section 11A of the Act.\7\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 61698 (March 12, 
2010), 75 FR 13151 (March 22, 2010).
    \6\ Id.
    \7\ 15 U.S.C. 78k-1.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \8\ and 
Rule 608 of Regulation NMS,\9\ that the proposed Joint-SRO Plan 
amendment is approved for 120 days, through August 9, 2010.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8152 Filed 4-8-10; 8:45 am]
BILLING CODE 8011-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.