Joint Industry Plan; Notice of Filing and Order Granting Temporary Effectiveness of Amendment To Plan Establishing Procedures Under Rule 605 of Regulation NMS, 57088-57089 [2010-23196]

Download as PDF 57088 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices Interested persons may submit comments on whether the Postal Service’s contracts are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642. Comments are due no later than September 10, 2010. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Paul L. Harrington to serve as Public Representative in the captioned proceedings. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2010–104 for consideration of matters raised by the Postal Service’s Notice. 2. Comments by interested persons in these proceedings are due no later than September 10, 2010. 3. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to serve as the officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. BILLING CODE 7710–FW–S SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12258 and #12259] Iowa Disaster Number IA–00026 U.S. Small Business Administration. ACTION: Amendment 3. AGENCY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Iowa (FEMA–1930–DR), dated 07/29/2010. Incident: Severe Storms, Flooding, and Tornadoes. Incident Period: 06/01/2010 and continuing. Effective Date: 09/09/2010. Physical Loan Application Deadline Date: 09/27/2010. Economic Injury (Eidl) Loan Application Deadline Date: 04/29/2011. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 SUMMARY: 14:46 Sep 16, 2010 (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2010–23281 Filed 9–16–10; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12312 and #12313] Missouri Disaster #MO–00040 U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Administrative declaration of a disaster for the State of Missouri dated 09/10/ 2010. Incident: Severe Storms, Flooding, Flash Flooding, High Winds, Hail and Tornadoes Incident Period: 06/12/2010 through 07/31/2010. EFFECTIVE DATE: 09/10/2010. Physical Loan Application Deadline Date: 11/9/2010. Economic Injury (EIDL) Loan Application Deadline Date: 6/10/2011. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416 SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Holt, Marion. Contiguous Counties: SUMMARY: [FR Doc. 2010–23203 Filed 9–16–10; 8:45 am] VerDate Mar<15>2010 U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for Private Non-Profit organizations in the State of Iowa, dated 07/29/2010, is hereby amended to include the following areas as adversely affected by the disaster. Primary Counties: Henry. All other information in the original declaration remains unchanged. Jkt 220001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Missouri: Andrew, Atchison, Lewis, Monroe, Nodaway, Ralls, Shelby. Illinois: Adams, Pike. Kansas: Doniphan. Nebraska: Nemaha, Richardson. The Interest Rates are: Percent For Physical Damage: Homeowners With Credit Available Elsewhere ......................... Homeowners Without Credit Available Elsewhere .................. Businesses With Credit Available Elsewhere ................................. Businesses Without Credit Available Elsewhere ......................... Non-Profit Organizations With Credit Available Elsewhere ....... Non-Profit Organizations Without Credit Available Elsewhere ....... For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere Non-Profit Organizations Without Credit Available Elsewhere .......................... 5.500 2.750 6.000 4.000 3.625 3.000 4.000 3.000 The number assigned to this disaster for physical damage is 12312 B and for economic injury is 12313 O. The States which received an EIDL Declaration # are Missouri; Illinois; Kansas; Nebraska. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: September 10, 2010. Karen G. Mills, Administrator. [FR Doc. 2010–23282 Filed 9–16–10; 8:45 am] BILLING CODE 8025–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62896, 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 September 13, 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 September 9, 2010, the BATS YExchange, Inc. (‘‘BYX’’ or ‘‘Exchange’’) submitted to the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) an amendment to the national market system plan that establishes procedures under Rule 605 1 15 2 17 E:\FR\FM\17SEN1.SGM U.S.C. 78k–1(a)(3). CFR 242.608. 17SEN1 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices of Regulation NMS (‘‘Joint-SRO Plan’’ or ‘‘Plan’’).3 The amendment proposes to add BYX as a participant to the JointSRO Plan. The Commission is publishing this notice and order to solicit comments from interested persons on the proposed Joint-SRO Plan amendment, and to grant temporary effectiveness to the proposed amendment through January 18, 2011. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 I. Description and Purpose of the Amendment The current participants to the JointSRO Plan are the American Stock Exchange LLC, 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), EDGA Exchange, Inc., EDGX Exchange, Inc., 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 BYX as a participant to the Joint-SRO Plan. BYX 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 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. 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: 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). VerDate Mar<15>2010 14:46 Sep 16, 2010 Jkt 220001 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 Elizabeth M. Murphy, 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 website (https://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 website 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 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 October 18, 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 BYX to become a participant to the Joint-SRO 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 00111 Fmt 4703 Sfmt 9990 57089 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 BYX as a participant 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. The Commission finds good cause to grant temporary effectiveness to the proposed Joint-SRO Plan amendment, for 120 days, until January 18, 2011. 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 BYX to become a participant in the Joint-SRO Plan. On August 13, 2010, the Commission granted the application of BYX for registration as a national securities exchange.5 One of the conditions to operation of the BYX Exchange is participation in national market system plans, including the Joint-SRO Plan.6 As a Plan participant, BYX 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 January 18, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Elizabeth M. Murphy, Secretary. [FR Doc. 2010–23196 Filed 9–16–10; 8:45 am] BILLING CODE 8010–01–P 5 See Securities Exchange Act Release No. 62716 (August 13, 2010), 75 FR 51295 (August 19, 2010). 6 Id. at 51305. 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\17SEN1.SGM 17SEN1

Agencies

[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Pages 57088-57089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23196]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62896, 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

September 13, 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 September 9, 2010, the BATS Y-Exchange, Inc. (``BYX'' or 
``Exchange'') submitted to the Securities and Exchange Commission 
(``SEC'' or ``Commission'') an amendment to the national market system 
plan that establishes procedures under Rule 605

[[Page 57089]]

of Regulation NMS (``Joint-SRO Plan'' or ``Plan'').\3\ The amendment 
proposes to add BYX as a participant 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 amendment, and to 
grant temporary effectiveness to the proposed amendment through January 
18, 2011.
---------------------------------------------------------------------------

    \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, 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\), EDGA Exchange, Inc., EDGX 
Exchange, Inc., 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 BYX as a 
participant to the Joint-SRO Plan.
    BYX 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 Elizabeth M. Murphy, 
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 website (https://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 website 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 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 
October 18, 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 BYX to become a participant 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 BYX as a 
participant 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 January 18, 
2011. 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 BYX to become a participant in the Joint-SRO Plan. On 
August 13, 2010, the Commission granted the application of BYX for 
registration as a national securities exchange.\5\ One of the 
conditions to operation of the BYX Exchange is participation in 
national market system plans, including the Joint-SRO Plan.\6\ As a 
Plan participant, BYX 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. 62716 (August 13, 
2010), 75 FR 51295 (August 19, 2010).
    \6\ Id. at 51305.
    \7\ 15 U.S.C. 78k-1.
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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 January 18, 2011.
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    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.
    \10\ 17 CFR 200.30-3(a)(29).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-23196 Filed 9-16-10; 8:45 am]
BILLING CODE 8010-01-P
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