Sunshine Act Meeting, 43209-43210 [2010-18210]
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Notices
reporting institutions, compliance with
Rule 17f–1 could not be monitored
effectively.
The Commission estimates that there
are 25,458 reporting institutions
(respondents) and, on average, each
respondent would need to retain 33
records annually, with each retention
requiring approximately 1 minute (33
minutes or .55 hours). The total
estimated annual burden is 14,001.9
hours (25,458 × .55 hours = 14,001.9).
Assuming an average hourly cost for
clerical work of $50.00, the average total
yearly record retention cost for each
respondent would be $27.50 ($50 × .55
hours). Based on these estimates, the
total annual cost for the estimated
25,458 reporting institutions would be
approximately $700,095 (25,458 ×
$27.50).
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be 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/Chief
Information Officer, Securities and
Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way,
Alexandria, Virginia 22312 or send an email to: PRA_Mailbox@sec.gov.
Dated: July 19, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–18072 Filed 7–22–10; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
[Rule 17a–1; SEC File No. 270–244; OMB
Control No. 3235–0208]
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
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Extension:
Rule 17a–1, SEC File No. 270–244, OMB
Control No. 3235–0208.
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 existing collection of information
provided for in Rule 17a–1 (17 CFR
240.17a–1) under the Securities
Exchange Act of 1934, as amended (the
‘‘Act’’) (15 U.S.C. 78a et seq.). The
Commission plans to submit this
existing collection of information to the
Office of Management and Budget for
extension and approval.
Rule 17a–1 requires that every
national securities exchange, national
securities association, registered
clearing agency, and the Municipal
Securities Rulemaking Board keep on
file for a period of not less than five
years, the first two years in an easily
accessible place, at least one copy of all
documents, including all
correspondence, memoranda, papers,
books, notices, accounts, and other such
records made or received by it in the
course of its business as such and in the
conduct of its self-regulatory activity,
and that such documents be available
for examination by the Commission.
There are 22 entities required to
comply with the rule: 14 national
securities exchanges, 1 national
securities association, 6 registered
clearing agencies, and the Municipal
Securities Rulemaking Board. The
Commission staff estimates that the
average number of hours necessary for
compliance with the requirements of
Rule 17a–1 is 50 hours per year. In
addition, 4 national securities
exchanges notice-registered pursuant to
Section 6(g) of the Act (15 U.S.C. 78f(g))
are required to preserve records of
determinations made under Rule 3a55–
1 under the Act (17 CFR 240.3a55–1),
which the Commission staff estimates
will take 1 hour per exchange, for a total
of 4 hours. Accordingly, the
Commission staff estimates that the total
number of hours necessary to comply
with the requirements of Rule 17a–1 is
1,104 hours. The average cost per hour
is $59. Therefore, the total cost of
compliance for all respondents is
$65,136.
Written comments are invited on (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimate of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
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43209
of the information to be 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/Chief
Information Officer, 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: July 19, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–18071 Filed 7–22–10; 8:45 am]
BILLING CODE 8010–01–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 a closed meeting
on Wednesday, July 21, 2010 at 12:30
p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matter also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c), (5), (7), 9(B) and (10) and
17 CFR 200.402(a), (5), (7), 9(ii) and
(10), permit consideration of the
scheduled matter at the closed meeting.
Commissioner Casey, as duty officer,
voted to consider the item listed for the
Closed Meeting in closed session, and
determined that no earlier notice thereof
was possible.
The subject matter of the closed
meeting scheduled for Wednesday, July
21, 2010 will be:
Institution and settlement of injunctive
actions.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202) 551–
5400.
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43210
Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Notices
Dated: July 21, 2010.
Elizabeth M. Murphy,
Secretary.
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
[FR Doc. 2010–18210 Filed 7–21–10; 4:15 pm]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62528; File No. SR–BX–
2010–048]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Extending the
Pilot Period To Receive Inbound
Routes of Orders From Nasdaq
Execution Services
July 19, 2010
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (‘‘Act’’)
and Rule 19b–4 thereunder,2 notice is
hereby given that, on July 15, 2010,
NASDAQ OMX BX, Inc. (the ‘‘Exchange’’
or ‘‘BX’’) 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 BX. The
Exchange has designated the proposed
rule change as constituting a noncontroversial rule change under Rule
19b–4(f)(6) under the Act,3 which
renders the proposal effective upon
filing with the Commission. 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
BX submits this proposed rule change
to extend the pilot period of BX’s prior
approval to receive inbound routes of
equities orders from Nasdaq Execution
Services, LLC (‘‘NES’’) through January
15, 2011.
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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, BX
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. BX has prepared
summaries, set forth in Sections A, B,
1 15
U.S.C.78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
2 17
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1. Purpose
Currently, NES is the approved
outbound routing facility of the
NASDAQ Stock Market LLC
(‘‘NASDAQ’’) for cash equities,
providing outbound routing from
NASDAQ to other market centers.4 BX
also has been previously approved to
receive inbound routes of equities
orders by NES in its capacity as an order
routing facility of NASDAQ on a pilot
basis.5 The Exchange hereby seeks to
extend a previously approved pilot
period for such inbound routing (with
the attendant obligations and
conditions) for an additional 6 months
from the date of this filing through
January 15, 2011.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,6
in general, and with Section 6(b)(5) of
the Act,7 in particular, in that the
proposal is designed to prevent
fraudulent and manipulative acts and
practices, 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
4 See Securities Exchange Act Release Nos. 50311
(September 3, 2004), 69 FR 54818 (September 10,
2004) (Order Granting Application for a Temporary
Conditional Exemption Pursuant To Section 36(a)
of the Exchange Act by the National Association of
Securities Dealers, Inc. Relating to the Acquisition
of an ECN by The Nasdaq Stock Market, Inc.) and
52902 (December 7, 2005), 70 FR 73810 (December
13, 2005) (SRNASD–2005–128) (Order Approving a
Proposed Rule Change To Establish Rules
Governing the Operation of the INET System). See
also Securities Exchange Act Release Nos. 58752
(October 8, 2008), 73 FR 61181 (October 15, 2008)
(SR–NASDAQ–2008–079); 58135 (July 10, 2008), 73
FR 40898 (July 16, 2008) (SR–NASDAQ–2008–061);
58069 (June 30, 2008), 73 FR 39360 (July 9, 2008)
(SR–NASDAQ–2008–054); 56708 (October 26,
2007), 72 FR 61925 (November 1, 2007) (SR–
NASDAQ–2007–078); 56867 (November 29, 2007),
72 FR 69263 (December 7, 2007) (SR–NASDAQ–
2007–065); 55335 (February 23, 2007), 72 FR 9369
(March 1, 2007) (SR–NASDAQ–2007–005); 54613
(October 17, 2006), 71 FR 62325 (October 24, 2006)
(SR–NASDAQ 2006–043); 54271 (August 3, 2006),
71 FR 45876 (August 10, 2006) (SR–NASDAQ–
2006–027); and 54155 (July 14, 2006), 71 FR 41291
(July 20, 2006) (SR–NASDAQ–2006–001).
5 See Securities Exchange Act Release Nos. 59154
(December 23, 2008), 73 FR 80468 (December 31,
2008); 61271 (December 31, 2009), 75 FR 1102
(January 8, 2010); 61782 (March 25, 2010), 75 FR
16534 (April 1, 2010).
6 15 U.S.C. 78f.
7 15 U.S.C. 78f(b)(5).
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securities, 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.
Specifically, the proposed rule change
will allow the Exchange to continue
receiving inbound routes of equities
orders from NES acting in its capacity
as a facility of Nasdaq, in a manner
consistent with prior approvals and
established protections. The Exchange
believes that extending the previously
approved pilot period for six months is
of sufficient length to permit both the
Exchange and the Commission to assess
the impact of the Exchange’s authority
to receive direct inbound routes of
equities orders via NES (including the
attendant obligations and conditions).
B. Self-Regulatory Organization’s
Statement on Burden on Competition
BX does not believe that the proposed
rule change will impose any burden on
competition 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
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change
does not: (1) Significantly affect the
protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.10 However, Rule 19b–
4(f)(6)(iii) 11 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires that a self-regulatory
organization submit to 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 Exchange has satisfied this
requirement.
11 Id.
9 17
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Agencies
[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Pages 43209-43210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18210]
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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 a closed meeting on Wednesday, July
21, 2010 at 12:30 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matter also may be
present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c), (5), (7), 9(B) and (10) and 17 CFR 200.402(a),
(5), (7), 9(ii) and (10), permit consideration of the scheduled matter
at the closed meeting.
Commissioner Casey, as duty officer, voted to consider the item
listed for the Closed Meeting in closed session, and determined that no
earlier notice thereof was possible.
The subject matter of the closed meeting scheduled for Wednesday,
July 21, 2010 will be:
Institution and settlement of injunctive actions.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
The Office of the Secretary at (202) 551-5400.
[[Page 43210]]
Dated: July 21, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-18210 Filed 7-21-10; 4:15 pm]
BILLING CODE 8010-01-P