Consolidated Tape Association; Notice of Filing and Immediate Effectiveness of the Seventeenth Substantive Amendment to the Second Restatement of the Consolidated Tape Association Plan and Thirteenth Substantive Amendment to the Restated Consolidated Quotation Plan, 67410-67411 [2010-27666]

Download as PDF 67410 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices Schedule 13E–3 provides shareholders and the marketplace with information concerning going private transactions that is important in determining how to respond to such transactions. The information collected permits verification of compliance with securities laws requirements and ensures the public availability and dissemination of the collected information. We estimate that Schedule 13E–3 is filed by approximately 600 issuers annually and it takes approximately 137.25 hours per response. We estimate that 25% of the 137.25 hours per response is prepared by the filer for a total annual reporting burden of 20,588 hours. Written comments are invited on: (a) Whether this 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 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 Thomas Bayer, Director/CIO, Securities and Exchange Commission, C/O Remi Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_Mailbox@sec.gov. Dated: October 27, 2010. Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–27591 Filed 11–1–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION hsrobinson on DSK69SOYB1PROD with NOTICES [Release No. 34–63193; File No. SR–CTA/ CQ–2010–04] Consolidated Tape Association; Notice of Filing and Immediate Effectiveness of the Seventeenth Substantive Amendment to the Second Restatement of the Consolidated Tape Association Plan and Thirteenth Substantive Amendment to the Restated Consolidated Quotation Plan October 27, 2010. Pursuant to Section 11A of the Securities Exchange Act of 1934 VerDate Mar<15>2010 18:39 Nov 01, 2010 Jkt 223001 (‘‘Act’’),1 and Rule 608 thereunder,2 notice is hereby given that on October 19, 2010, the Consolidated Tape Association (‘‘CTA’’) Plan and Consolidated Quotation (‘‘CQ’’) Plan participants (‘‘Participants’’) 3 filed with the Securities and Exchange Commission (‘‘Commission’’) a proposal to amend the Second Restatement of the CTA Plan and Restated CQ Plan (collectively, the ‘‘Plans’’).4 The proposal represents the Seventeenth substantive amendment to the CTA Plan (‘‘Seventeenth Amendment to the CTA Plan’’) and the Thirteenth substantive amendment to the CQ Plan (‘‘Thirteenth Amendment to the CQ Plan’’), and reflects changes unanimously adopted by the Participants. The Seventeenth Amendment to the CTA Plan and the Thirteenth Amendment to the CQ Plan (‘‘Amendments’’) propose to add BATS Y–Exchange, Inc. to the Plans. The Commission is publishing this notice to solicit comments from interested persons on the proposed Amendments. Plan and the CQ Plan’s Operating Committee may submit these amendments to the Commission on behalf of the Participants in the CTA Plan and the CQ Plan. Because the Participants designate the amendments as concerned solely with the administration of the Plans, the amendments become effective upon filing with the Commission. I. Rule 608(a) F. Written Understanding or Agreements Relating to Interpretation of, or Participation in, Plan A. Purpose of the Amendments The amendment proposes to add BATS Y–Exchange, Inc. as a new Participant to each Plan. B. Governing or Constituent Documents Not applicable. C. Implementation of the Amendments Because the Amendments constitute ‘‘Ministerial Amendments’’ under both clause (1) of Section IV(b) of the CTA Plan and clause (1) of Section IV(c) of the CQ Plan, the Chairman of the CTA D. Development and Implementation Phases Not applicable. E. Analysis of Impact on Competition The proposed amendment does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Exchange Act. The Participants do not believe that the proposed plan amendment introduces terms that are unreasonably discriminatory for the purposes of Section 11A(c)(1)(D) of the Exchange Act. Not applicable. G. Approval by Sponsors in Accordance with Plan See Item I(C) above. H. Description of Operation of Facility Contemplated by the Proposed Amendment Not applicable. I. Terms and Conditions of Access See Item I(A) above. 1 15 U.S.C. 78k–1. 2 17 CFR 242.608. 3 Each participant executed the proposed amendment. The Participants are: BATS Exchange, Inc.; Chicago Board Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; EDGA Exchange, Inc.; EDGX Exchange, Inc.; Financial Industry Regulatory Authority, Inc.; International Securities Exchange LLC; NASDAQ OMX BX, Inc.; NASDAQ OMX PHLX, Inc.; The NASDAQ Stock Market LLC; National Stock Exchange, Inc.; New York Stock Exchange LLC; NYSE Amex, Inc.; and NYSE Arca, Inc. 4 See Securities Exchange Act Release Nos. 10787 (May 10, 1974), 39 FR 17799 (May 20, 1974) (declaring the CTA Plan effective); 15009 (July 28, 1978), 43 FR 34851 (August 7, 1978) (temporarily authorizing the CQ Plan); and 16518 (January 22, 1980), 45 FR 6521 (January 28, 1980) (permanently authorizing the CQ Plan). The most recent restatement of both Plans was in 1995. The CTA Plan, pursuant to which markets collect and disseminate last sale price information for nonNASDAQ listed securities, is a ‘‘transaction reporting plan’’ under Rule 601 under the Act, 17 CFR 242.601, and a ‘‘national market system plan’’ under Rule 608 under the Act, 17 CFR 242.608. The CQ Plan, pursuant to which markets collect and disseminate bid/ask quotation information for listed securities, is also a ‘‘national market system plan’’ under Rule 608 under the Act, 17 CFR 242.608. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 J. Method of Determination and Imposition, and Amount of, Fees and Charges See Item I(A) above. K. Method and Frequency of Processor Evaluation Not applicable. L. Dispute Resolution Not applicable. II. Rule 601(a) (Solely in Its Application to the Amendments to the CTA Plan) A. Reporting Requirements Not applicable. B. Manner of Collecting, Processing, Sequencing, Making Available and Disseminating Last Sale Information Not applicable. C. Manner of Consolidation Not applicable. E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices the principal office of the CTA. 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–CTA/CQ–2010–04 and should be submitted on or before November 23, 2010. D. Standards and Methods Ensuring Promptness, Accuracy and Completeness of Transaction Reports Not applicable. E. Rules and Procedures Addressed to Fraudulent or Manipulative Dissemination Not applicable. F. Terms of Access to Transaction Reports Not applicable. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.5 Florence E. Harmon, Deputy Secretary. G. Identification of Marketplace of Execution Not Applicable. [FR Doc. 2010–27666 Filed 11–1–10; 8:45 am] III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed Amendments are consistent with the Act. Comments may be submitted by any of the following methods: BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–63191; File No. SR–CBOE– 2010–094] hsrobinson on DSK69SOYB1PROD with NOTICES 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–CTA/CQ–2010–04 on the subject line. Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to the Hybrid Automatic Execution Feature October 27, 2010. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the Paper Comments ‘‘Act’’) 1 and Rule 19b–4 thereunder,2notice is hereby given that • Send paper comments in triplicate on October 19, 2010, the Chicago Board to Elizabeth M. Murphy, Secretary, Options Exchange, Incorporated Securities and Exchange Commission, (‘‘Exchange’’ or ‘‘CBOE’’) filed with the 100 F Street, NE., Washington, DC Securities and Exchange Commission 20549–1090. (the ‘‘Commission’’) the proposed rule All submissions should refer to File Number SR–CTA/CQ–2010–04. This file change as described in Items I and II below, which Items have been prepared number should be included on the subject line if e-mail is used. To help the by the Exchange. The Exchange has designated the proposal as a ‘‘nonCommission process and review your controversial’’ proposed rule change comments more efficiently, please use only one method. The Commission will pursuant to Section 19(b)(3)(A)(iii) of 3 post all comments on the Commission’s the Act and Rule 19b–4(f)(6) thereunder.4 The Commission is Internet Web site (https://www.sec.gov/ publishing this notice to solicit rules/sro.shtml). Copies of the comments on the proposed rule change submission, all subsequent from interested persons. amendments, all written statements with respect to the Amendments that I. Self-Regulatory Organization’s are filed with the Commission, and all Statement of the Terms of Substance of written communications relating to the the Proposed Rule Change Amendments between the Commission The Exchange is proposing to amend and any person, other than those that CBOE Rule 6.13, CBOE Hybrid System’s may be withheld from the public in Automatic Execution Feature, to accordance with the provisions of 5 provide additional clarity on the U.S.C. 552, will be available for Web operation of the automatic execution site viewing and printing in the feature. The text of the proposed rule Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 5 17 CFR 200.30–3(a)(27). 20549, on official business days 1 15 U.S.C. 78s(b)(1). between the hours of 10 a.m. and 3 p.m. 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(iii). Copies of the Amendments also will be 4 17 CFR 240.19b–4(f)(6). available for inspection and copying at VerDate Mar<15>2010 18:39 Nov 01, 2010 Jkt 223001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 67411 change is available on the Exchange’s Web site (https://www.cboe.org/Legal), at the Exchange’s Office of the Secretary, 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 those 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 purpose of this filing is to amend Rule 6.13 to provide additional clarity on the operation of CBOE’s Hybrid System automatic execution feature. In particular, the Exchange is proposing to amend the rule as follows: First, the Exchange is proposing to include additional cross references in Rule 6.13 to Rules 6.13A, Simple Auction Liaison (SAL), 6.14, Hybrid Agency Liaison (HAL), 6.14A, Hybrid Agency Liaison 2 (HAL2) and 6.45B, Priority and Allocation of Trades in Index Options and Options on ETFs on the CBOE Hybrid System. While Rule 6.13 already contains cross references to these four rules, the Exchange believes the inclusion of the added cross references will provide additional clarity on the existing operation and interaction of the various processes within in [sic] the Hybrid System. Second, Rule 6.13 provides that the Exchange will designate the order size and order origin codes that are eligible for automatic execution. The Exchange is proposing to amend the rule to clarify that the Exchange will also designate the order types (e.g., market, limit, contingency, etc.) that are eligible for automatic execution. The inclusion of this order type provision is consistent with various other CBOE Rules under which the Exchange designates order size, origin code and order type, e.g., Rules 6.14, 6.14A and 6.53, Certain Types of Orders Defined. Third, the Exchange is proposing to replace specific references in Rule 6.13 to routing order to BART (the booth E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Notices]
[Pages 67410-67411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27666]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63193; File No. SR-CTA/CQ-2010-04]


Consolidated Tape Association; Notice of Filing and Immediate 
Effectiveness of the Seventeenth Substantive Amendment to the Second 
Restatement of the Consolidated Tape Association Plan and Thirteenth 
Substantive Amendment to the Restated Consolidated Quotation Plan

October 27, 2010.
    Pursuant to Section 11A of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that 
on October 19, 2010, the Consolidated Tape Association (``CTA'') Plan 
and Consolidated Quotation (``CQ'') Plan participants 
(``Participants'') \3\ filed with the Securities and Exchange 
Commission (``Commission'') a proposal to amend the Second Restatement 
of the CTA Plan and Restated CQ Plan (collectively, the ``Plans'').\4\ 
The proposal represents the Seventeenth substantive amendment to the 
CTA Plan (``Seventeenth Amendment to the CTA Plan'') and the Thirteenth 
substantive amendment to the CQ Plan (``Thirteenth Amendment to the CQ 
Plan''), and reflects changes unanimously adopted by the Participants. 
The Seventeenth Amendment to the CTA Plan and the Thirteenth Amendment 
to the CQ Plan (``Amendments'') propose to add BATS Y-Exchange, Inc. to 
the Plans. The Commission is publishing this notice to solicit comments 
from interested persons on the proposed Amendments.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ Each participant executed the proposed amendment. The 
Participants are: BATS Exchange, Inc.; Chicago Board Options 
Exchange, Incorporated; Chicago Stock Exchange, Inc.; EDGA Exchange, 
Inc.; EDGX Exchange, Inc.; Financial Industry Regulatory Authority, 
Inc.; International Securities Exchange LLC; NASDAQ OMX BX, Inc.; 
NASDAQ OMX PHLX, Inc.; The NASDAQ Stock Market LLC; National Stock 
Exchange, Inc.; New York Stock Exchange LLC; NYSE Amex, Inc.; and 
NYSE Arca, Inc.
    \4\ See Securities Exchange Act Release Nos. 10787 (May 10, 
1974), 39 FR 17799 (May 20, 1974) (declaring the CTA Plan 
effective); 15009 (July 28, 1978), 43 FR 34851 (August 7, 1978) 
(temporarily authorizing the CQ Plan); and 16518 (January 22, 1980), 
45 FR 6521 (January 28, 1980) (permanently authorizing the CQ Plan). 
The most recent restatement of both Plans was in 1995. The CTA Plan, 
pursuant to which markets collect and disseminate last sale price 
information for non-NASDAQ listed securities, is a ``transaction 
reporting plan'' under Rule 601 under the Act, 17 CFR 242.601, and a 
``national market system plan'' under Rule 608 under the Act, 17 CFR 
242.608. The CQ Plan, pursuant to which markets collect and 
disseminate bid/ask quotation information for listed securities, is 
also a ``national market system plan'' under Rule 608 under the Act, 
17 CFR 242.608.
---------------------------------------------------------------------------

I. Rule 608(a)

A. Purpose of the Amendments

    The amendment proposes to add BATS Y-Exchange, Inc. as a new 
Participant to each Plan.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of the Amendments

    Because the Amendments constitute ``Ministerial Amendments'' under 
both clause (1) of Section IV(b) of the CTA Plan and clause (1) of 
Section IV(c) of the CQ Plan, the Chairman of the CTA Plan and the CQ 
Plan's Operating Committee may submit these amendments to the 
Commission on behalf of the Participants in the CTA Plan and the CQ 
Plan. Because the Participants designate the amendments as concerned 
solely with the administration of the Plans, the amendments become 
effective upon filing with the Commission.

D. Development and Implementation Phases

    Not applicable.

E. Analysis of Impact on Competition

    The proposed amendment does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Exchange Act. The Participants do not believe that the proposed 
plan amendment introduces terms that are unreasonably discriminatory 
for the purposes of Section 11A(c)(1)(D) of the Exchange Act.

F. Written Understanding or Agreements Relating to Interpretation of, 
or Participation in, Plan

    Not applicable.

G. Approval by Sponsors in Accordance with Plan

    See Item I(C) above.

H. Description of Operation of Facility Contemplated by the Proposed 
Amendment

    Not applicable.

I. Terms and Conditions of Access

    See Item I(A) above.

J. Method of Determination and Imposition, and Amount of, Fees and 
Charges

    See Item I(A) above.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

II. Rule 601(a) (Solely in Its Application to the Amendments to the CTA 
Plan)

A. Reporting Requirements

    Not applicable.

B. Manner of Collecting, Processing, Sequencing, Making Available and 
Disseminating Last Sale Information

    Not applicable.

C. Manner of Consolidation

    Not applicable.

[[Page 67411]]

D. Standards and Methods Ensuring Promptness, Accuracy and Completeness 
of Transaction Reports

    Not applicable.

E. Rules and Procedures Addressed to Fraudulent or Manipulative 
Dissemination

    Not applicable.

F. Terms of Access to Transaction Reports

    Not applicable.

G. Identification of Marketplace of Execution

    Not Applicable.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed 
Amendments are 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-CTA/CQ-2010-04 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-CTA/CQ-2010-04. 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 Amendments that are filed 
with the Commission, and all written communications relating to the 
Amendments 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 the Amendments also will be available for inspection and 
copying at the principal office of the CTA. 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-CTA/CQ-2010-04 and should be submitted 
on or before November 23, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(27).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27666 Filed 11-1-10; 8:45 am]
BILLING CODE 8011-01-P
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