Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Active SQF Port Fee, 66168-66170 [2010-27140]
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Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices
Use of the Information
The purpose of this survey of EPSCoR
awardees is to better understand
outcomes of NSF EPSCoR-related
investments. The data will be used
internally to inform NSF as it considers
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Number of Respondents: 200.
Number of Minutes per Response: 30.
Overall Burden Request (in hours):
100.
Dated: October 22, 2010.
Suzanne Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2010–27206 Filed 10–26–10; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
Seeks Qualified Candidates for the
Advisory Committee on Reactor
Safeguards
U.S. Nuclear Regulatory
Commission.
´
´
ACTION: Request for resumes.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) seeks qualified
candidates for the Advisory Committee
on Reactor Safeguards (ACRS). Submit
´
´
resumes to Ms. Brandi Hamilton, ACRS,
Mail Stop T2E–26, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, or e-mail
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SUPPLEMENTARY INFORMATION: The ACRS
is a part-time advisory group, which is
statutorily mandated by the Atomic
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and proposed nuclear power plants and
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regulations, license renewal, power
uprates, and the use of mixed oxide and
high burnup fuels. An increased
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SUMMARY:
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emphasis is being given to safety issues
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at https://www.nrc.gov/aboutnrc/
regulatory/advisory/acrs.html for
additional information about ACRS.
Criteria used to evaluate candidates
include education and experience,
demonstrated skills in nuclear reactor
safety matters, the ability to solve
complex technical problems, and the
ability to work collegially on a board,
panel, or committee. The Commission,
in selecting its Committee members,
considers the need for a specific
expertise to accomplish the work
expected to be before the ACRS. ACRS
Committee members are appointed to
four-year terms and normally serve no
more than three terms. The Commission
looks to fill two vacancies as a result of
this request. For these positions, a
candidate must have at least 10 years of
broad experience in either of the
following areas:
• Nuclear plant operations with
demonstrated experience and integrated
knowledge of nuclear power plant
electrical, mechanical, and control
systems.
• A distinguished record of
achievement in one or more areas of
nuclear science and technology.
Candidates with pertinent graduate
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with the requirements of the Federal
Advisory Committee Act, the
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represented and functions to be
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Candidates will undergo a thorough
security background check to obtain the
security clearance that is mandatory for
all ACRS members. The security
background check will involve the
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completion and submission of
paperwork to NRC. Candidates for
ACRS appointments may be involved in
or have financial interests related to
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participation of a candidate in ACRS
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This might require divestiture of
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regarding these restrictions will be
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provided upon request. A resume
describing the educational and
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candidate, including any special
accomplishments, publications, and
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candidates will receive careful
consideration. Appointment will be
made without regard to factors such as
race, color, religion, national origin, sex,
age, or disabilities. Candidates must be
citizens of the United States and be able
to devote approximately 100 to 130 days
per year to Committee business.
´
´
Resumes will be accepted for 90 days
from date of issue.
Dated: October 21, 2010.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2010–27162 Filed 10–26–10; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63145; File No. SR–Phlx–
2010–143]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Active SQF Port Fee
October 21, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
15, 2010, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
1 15
2 17
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
27OCN1
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III, below, which Items have been
prepared by the Exchange. 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 Substance of
the Proposed Rule Change
The Exchange proposes to amend fee
calculations for the Active SQF Port
Fee. The text of the proposed rule
change is available on the Exchange’s
Web site at https://nasdaqtrader.com/
micro.aspx?id=PHLXfilings, 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 aspects of such
statements.
srobinson on DSKHWCL6B1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to amend the Active SQF Port
Fee calculation to account for a new
version of the Specialized Quote Feed
(‘‘SQF’’) interface, which was recently
released by the Exchange. The Exchange
is amending the Active SQF Port Fee
calculation so that member
organizations not be assessed port fees
for use of the prior version of the
interface (SQF 5.0) while transitioning
to (and paying for) the new version
(SQF 6.0).
In a given month, active SQF ports are
ports that receive inbound quotes at any
time within that month. SQF is an
interface that enables specialists,
Streaming Quote Traders (SQTs’’) 3 and
3 An
SQT is an Exchange Registered Options
Trader (‘‘ROT’’) who has received permission from
the Exchange to generate and submit option
quotations electronically through an electronic
interface with AUTOM via an Exchange approved
proprietary electronic quoting device in eligible
options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
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Remote Streaming Quote Traders
(‘‘RSQTs’’) 4 to connect and send quotes
into Phlx XL.5 The Exchange released
SQF 6.0 on October 11, 2010. The
Exchange anticipates that member
organizations will utilize both SQF 5.0
and SQF 6.0 for a period of time.
Presently, quoting participants (users
of SQF 5.0) do not receive reports of
executions against their quote or other
information that is relevant to their
quoting application over SQF 5.0. SQF
6.0 provides more information than SQF
5.0. SQF 6.0 increases efficiency by
allowing member organizations to
access, information such as execution
reports and other relevant data through
a single feed, rather than through
accessing multiple feeds, which was
necessary under SQF 5.0.6
This administrative data will also
include the definition of complex order
strategies.7 Auction notifications are
available on SQF 6.0.8 The new
interface, SQF 6.0, will also contain
execution report messages, which are
not contained in SQF 5.0.9 Other data is
also available on SQF 6.0.10
4 An
RSQT is an ROT that is a member or member
organization with no physical trading floor
presence who has received permission from the
Exchange to generate and submit option quotations
electronically through AUTOM in eligible options
to which such RSQT has been assigned. An RSQT
may only submit such quotations electronically
from off the floor of the Exchange. See Exchange
Rule 1014(b)(ii)(B).
5 See Securities Exchange Act Release No. 63034
(October 4, 2010), 75 FR 62441 (October 8, 2010)
(SR–Phlx–2010–124).
6 Member organizations that have written
interfaces to the PHLX system could use the
administrative data to determine the current status
of the Exchange’s market for a particular option. For
example, this data would show which symbols are
trading on the PHLX, the current state of an options
symbol (i.e., open for trading, trading, halted or
closed), as well as similar information regarding
complex order strategies.
7 See Exchange Rule 1080.08.
8 A member organization’s quoting application
can receive these notifications over the same
interface it sends quotes to the Exchange, SQF, and
can now use the data to respond to auctions quickly
and efficiently. This data is not sent as a quote to
the market because it represents interest that is not
immediately executable or, in the case of complex
orders, represents a complex strategy which is not
disseminated by the Options Price Reporting
Authority.
9 The Exchange currently provides Exchange
members with execution reports through two
interfaces. Execution reports are made available to
all exchange participants on a Risk Management
Feed known as ‘‘RMP,’’ as well as an interface
replacing RMP known as the Clearing Trade
Interface or ‘‘CTI’’. See Securities Exchange Act
Release No. 62155 (May 24, 2010), 75 FR 30081
(May 28, 2010) (SR–Phlx–2010–67).
10 Other data that is available on SQF 6.0
includes: (1) Options Auction Notifications (e.g.,
opening imbalance, market exhaust, PIXL or other
information currently provided on SQF 5.0) ;(2)
Options Symbol Directory Messages (currently
provided on SQF 5.0); (3) System Event Messages
(e.g., start of messages, start of system hours, start
of quoting, start of opening); (4) Complex Order
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66169
The Exchange currently assesses an
Active SQF Port Fee of $500 per month
per port. Active SQF ports refer to ports
that receive inbound quotes at any time
within that month. The Exchange
anticipates that member organizations
will utilize both SQF 5.0 and SQF 6.0
for a period of time.
SQF 5.0 and SQF 6.0 require different
port configurations, and, as a
consequence, a member organization
could be charged for both types of active
SQF ports in a given month as the
member organization transitions from
SQF 5.0 to SQF 6.0. Therefore, the
Exchange proposes not to charge a
member organization for the use of SQF
5.0 active ports to the extent that the
member is paying for the same (or
greater) number of SQF 6.0 active ports.
(If a member organization has more SQF
5.0 than SQF 6.0 active ports, then the
member organization would continue to
pay for the ‘‘extra’’ active SQF 5.0 ports.)
This would avoid duplicative billing
while a member organization transitions
its ports from SQF 5.0 to SQF 6.0.11
2. Statutory Basis
The Exchange believes that its
proposal to amend its schedule of fees
is consistent with Section 6(b) of the
Act 12 in general, and furthers the
objectives of Section 6(b)(4) of the Act 13
in particular, in that it is an equitable
allocation of reasonable fees and other
charges among Exchange members and
other persons using its facilities.
Specifically, the Exchange believes that
this fee proposal is fair, reasonable and
equitable because it will prevent all
member organizations from
experiencing an unintended increase in
SQF port charges during the transition
from SQF 5.0 to SQF 6.0.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition 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.
Strategy Auction Notifications (COLA); (5) Complex
Order Strategy messages; (6) Option Trading Action
Messages (e.g., trading halts, resumption of trading);
and (7) Complex Strategy Trading Action Message
(e.g., trading halts, resumption of trading).
11 The Exchange anticipates that it will take
several months for this transition to occur.
12 15 U.S.C. 78f(b).
13 15 U.S.C. 78f(b)(4).
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66170
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.14 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
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. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–27140 Filed 10–26–10; 8:45 am]
IV. Solicitation of Comments
BILLING CODE 8011–01–P
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Phlx-2010–143 on the
subject line.
srobinson on DSKHWCL6B1PROD with NOTICES
printing in the Commission’s Public
Reference Room. Copies of the filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx2010–143 and should be submitted on
or before November 17, 2010.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63146; File No. SR–BATS–
2010–030]
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.
October 21, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’)1 and Rule 19b–4 thereunder,2
Paper Comments
notice is hereby given that on October
14, 2010, BATS Exchange, Inc. (‘‘BATS’’
• Send paper comments in triplicate
or the ‘‘Exchange’’) filed with the
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission
Securities and Exchange Commission,
(the ‘‘Commission’’) the proposed rule
100 F Street, NE., Washington, DC
change as described in Items I, II, and
20549–1090.
III below, which Items have been
All submissions should refer to File
prepared by the Exchange. The
Number SR–Phlx-2010–143. This file
Commission is publishing this notice to
number should be included on the
subject line if e-mail is used. To help the solicit comments on the proposed rule
change from interested persons.
Commission process and review your
comments more efficiently, please use
I. Self-Regulatory Organization’s
only one method. The Commission will Statement of the Terms of Substance of
post all comments on the Commission’s the Proposed Rule Change
Internet Web site (https://www.sec.gov/
The Exchange proposes to modify its
rules/sro.shtml). Copies of the
fee schedule applicable to Members3 of
submission, all subsequent
the Exchange pursuant to BATS Rules
amendments, all written statements
15.1(a) and (c). While changes to the fee
with respect to the proposed rule
schedule pursuant to this proposal will
change that are filed with the
be effective upon filing, the changes will
Commission, and all written
become operative on October 15, 2010.
communications relating to the
The text of the proposed rule change
proposed rule change between the
is available at the Exchange’s Web site
Commission and any person, other than
at https://www.batstrading.com, at the
those that may be withheld from the
public in accordance with the
15 17 CFR 200.30–3(a)(12).
provisions of 5 U.S.C. 552, will be
1 15 U.S.C. 78s(b)(1).
available for Web site viewing and
2 17 CFR 240.19b–4.
14 15
3 A Member is any registered broker or dealer that
has been admitted to membership in the Exchange.
U.S.C. 78s(b)(3)(A)(ii).
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17:00 Oct 26, 2010
Jkt 223001
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Frm 00111
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Sfmt 4703
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to modify the
‘‘Equities Pricing’’ section of its fee
schedule to adopt pricing for two new
order routing strategies, named TRIM
and SLIM, and for a Destination Specific
Order sent to the Exchange’s affiliate,
BATS Y-Exchange, Inc. The Exchange
also proposes to modify the ‘‘Options
Pricing’’ section of its fee schedule to
adopt pricing for Destination Specific
orders routed to the new C2 Options
Exchange. Finally, the Exchange
proposes certain non-substantive
changes related to the appearance of the
fee schedule.
(i) Adoption of TRIM Pricing
The Exchange proposes to adopt
pricing for its new TRIM order routing
strategy, which strategy is focused on
seeking execution of orders while
minimizing execution costs by routing
only to certain low cost execution
venues on the Exchange’s System
routing table. The Exchange proposes to
rebate Members $0.0003 per share for
TRIM orders routed to and executed by
its affiliated exchange, BATS YExchange, Inc. (‘‘BYX’’), which is the
same rebate to be offered by BYX to
market participants that route directly to
and execute at BYX. For executions
through TRIM routing that occur at a
dark liquidity venue (identified by the
Exchange as a ‘‘DRT’’ venue) or the
NYSE, the Exchange proposes to charge
$0.0020 per share. Finally, to the extent
an order routed through TRIM executes
at a low-priced venue other than BYX,
a DRT venue or NYSE, the Exchange
proposes neither to charge the Member
E:\FR\FM\27OCN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Notices]
[Pages 66168-66170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27140]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63145; File No. SR-Phlx-2010-143]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Active SQF Port Fee
October 21, 2010.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 15, 2010, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission
[[Page 66169]]
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend fee calculations for the Active SQF
Port Fee. The text of the proposed rule change is available on the
Exchange's Web site at https://nasdaqtrader.com/micro.aspx?id=PHLXfilings, 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 aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to amend the Active SQF
Port Fee calculation to account for a new version of the Specialized
Quote Feed (``SQF'') interface, which was recently released by the
Exchange. The Exchange is amending the Active SQF Port Fee calculation
so that member organizations not be assessed port fees for use of the
prior version of the interface (SQF 5.0) while transitioning to (and
paying for) the new version (SQF 6.0).
In a given month, active SQF ports are ports that receive inbound
quotes at any time within that month. SQF is an interface that enables
specialists, Streaming Quote Traders (SQTs'') \3\ and Remote Streaming
Quote Traders (``RSQTs'') \4\ to connect and send quotes into Phlx
XL.\5\ The Exchange released SQF 6.0 on October 11, 2010. The Exchange
anticipates that member organizations will utilize both SQF 5.0 and SQF
6.0 for a period of time.
---------------------------------------------------------------------------
\3\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
\4\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Exchange Rule
1014(b)(ii)(B).
\5\ See Securities Exchange Act Release No. 63034 (October 4,
2010), 75 FR 62441 (October 8, 2010) (SR-Phlx-2010-124).
---------------------------------------------------------------------------
Presently, quoting participants (users of SQF 5.0) do not receive
reports of executions against their quote or other information that is
relevant to their quoting application over SQF 5.0. SQF 6.0 provides
more information than SQF 5.0. SQF 6.0 increases efficiency by allowing
member organizations to access, information such as execution reports
and other relevant data through a single feed, rather than through
accessing multiple feeds, which was necessary under SQF 5.0.\6\
---------------------------------------------------------------------------
\6\ Member organizations that have written interfaces to the
PHLX system could use the administrative data to determine the
current status of the Exchange's market for a particular option. For
example, this data would show which symbols are trading on the PHLX,
the current state of an options symbol (i.e., open for trading,
trading, halted or closed), as well as similar information regarding
complex order strategies.
---------------------------------------------------------------------------
This administrative data will also include the definition of
complex order strategies.\7\ Auction notifications are available on SQF
6.0.\8\ The new interface, SQF 6.0, will also contain execution report
messages, which are not contained in SQF 5.0.\9\ Other data is also
available on SQF 6.0.\10\
---------------------------------------------------------------------------
\7\ See Exchange Rule 1080.08.
\8\ A member organization's quoting application can receive
these notifications over the same interface it sends quotes to the
Exchange, SQF, and can now use the data to respond to auctions
quickly and efficiently. This data is not sent as a quote to the
market because it represents interest that is not immediately
executable or, in the case of complex orders, represents a complex
strategy which is not disseminated by the Options Price Reporting
Authority.
\9\ The Exchange currently provides Exchange members with
execution reports through two interfaces. Execution reports are made
available to all exchange participants on a Risk Management Feed
known as ``RMP,'' as well as an interface replacing RMP known as the
Clearing Trade Interface or ``CTI''. See Securities Exchange Act
Release No. 62155 (May 24, 2010), 75 FR 30081 (May 28, 2010) (SR-
Phlx-2010-67).
\10\ Other data that is available on SQF 6.0 includes: (1)
Options Auction Notifications (e.g., opening imbalance, market
exhaust, PIXL or other information currently provided on SQF 5.0)
;(2) Options Symbol Directory Messages (currently provided on SQF
5.0); (3) System Event Messages (e.g., start of messages, start of
system hours, start of quoting, start of opening); (4) Complex Order
Strategy Auction Notifications (COLA); (5) Complex Order Strategy
messages; (6) Option Trading Action Messages (e.g., trading halts,
resumption of trading); and (7) Complex Strategy Trading Action
Message (e.g., trading halts, resumption of trading).
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The Exchange currently assesses an Active SQF Port Fee of $500 per
month per port. Active SQF ports refer to ports that receive inbound
quotes at any time within that month. The Exchange anticipates that
member organizations will utilize both SQF 5.0 and SQF 6.0 for a period
of time.
SQF 5.0 and SQF 6.0 require different port configurations, and, as
a consequence, a member organization could be charged for both types of
active SQF ports in a given month as the member organization
transitions from SQF 5.0 to SQF 6.0. Therefore, the Exchange proposes
not to charge a member organization for the use of SQF 5.0 active ports
to the extent that the member is paying for the same (or greater)
number of SQF 6.0 active ports. (If a member organization has more SQF
5.0 than SQF 6.0 active ports, then the member organization would
continue to pay for the ``extra'' active SQF 5.0 ports.) This would
avoid duplicative billing while a member organization transitions its
ports from SQF 5.0 to SQF 6.0.\11\
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\11\ The Exchange anticipates that it will take several months
for this transition to occur.
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2. Statutory Basis
The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \12\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \13\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities. Specifically, the Exchange believes that this fee proposal
is fair, reasonable and equitable because it will prevent all member
organizations from experiencing an unintended increase in SQF port
charges during the transition from SQF 5.0 to SQF 6.0.
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\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition 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.
[[Page 66170]]
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\14\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend 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. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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\14\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Phlx-2010-143 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 SR-Phlx-2010-143. 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 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 Web site viewing and
printing in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2010-143 and should be submitted on or before
November 17, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27140 Filed 10-26-10; 8:45 am]
BILLING CODE 8011-01-P
