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]
-----------------------------------------------------------------------
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