Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment No. 24 to the Joint Self-Regulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading Privileges Basis Submitted by the 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., Nasdaq Stock Market LLC, National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE Amex, Inc., and NYSE Arca, Inc., 5227-5228 [2011-1858]

Download as PDF Federal Register / Vol. 76, No. 19 / Friday, January 28, 2011 / Notices any of its affiliates were to directly or indirectly increase the equity ownership of Ballista Holdings, such increase would require prior Commission approval. The Exchange believes that the foregoing measures and factors minimize the concerns identified by the Commission regarding potential conflicts of interest. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Exchange Act,7 in general, and with Sections 6(b)(1) and (b)(5) of the Exchange Act,8 in particular, in that the proposal enables the Exchange to be so organized as to have the capacity to be able to carry out the purposes of the Exchange Act and to comply with and enforce compliance by members and persons associated with members with provisions of the Exchange Act, the rules and regulations thereunder, and SRO rules, and is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. In particular, this rule change will provide for a second one (1) year pilot program designed to prevent any potential regulatory issues that could arise with ISE Holdings’ investment in Ballista Holdings.9 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 that is not necessary or appropriate in furtherance of the purposes of the Exchange Act. WReier-Aviles on DSKGBLS3C1PROD with NOTICES C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any 7 15 U.S.C. 78f. U.S.C. 78f(b)(3), (5). 9 See e-mail from Tracy Tang, Assistant General Counsel, ISE, to Michael Gaw, Assistant Director, Division of Trading and Markets, Commission, dated January 20, 2011 (correcting text of the Statutory Basis at the Exchange’s request). 8 15 VerDate Mar<15>2010 15:05 Jan 27, 2011 Jkt 223001 unsolicited written comments from members, participants or others. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 45 days of the date of publication of this notice in the Federal Register or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve or disapprove the proposed rule change, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. 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: 5227 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 publicly available. All submissions should refer to File Number SR–ISE– 2011–05 and should be submitted on or before February 18, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Elizabeth M. Murphy, Secretary. [FR Doc. 2011–1860 Filed 1–27–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–63755; File No. S7–24–89] Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment No. 24 to the Joint SelfRegulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading Privileges Basis Submitted by the Paper Comments BATS Exchange, Inc., Chicago Board • Send paper comments in triplicate Options Exchange, Incorporated, to Elizabeth M. Murphy, Secretary, Chicago Stock Exchange, Inc., EDGA Securities and Exchange Commission, Exchange, Inc., EDGX Exchange, Inc., 100 F Street, NE., Washington, DC Financial Industry Regulatory 20549–1090. Authority, Inc., International Securities All submissions should refer to File Exchange LLC, NASDAQ OMX BX, Inc., Number SR–ISE–2011–05. This file NASDAQ OMX PHLX, Inc., Nasdaq number should be included on the Stock Market LLC, National Stock subject line if e-mail is used. To help the Exchange, Inc., New York Stock Commission process and review your Exchange LLC, NYSE Amex, Inc., and comments more efficiently, please use NYSE Arca, Inc. only one method. The Commission will post all comments on the Commission’s January 21, 2011. Pursuant to Rule 608 of the Securities Internet Web site (http://www.sec.gov/ Exchange Act of 1934 (the ‘‘Act’’) 1 rules/sro.shtml). Copies of the notice is hereby given that on December submission, all subsequent 20, 2010, the operating committee amendments, all written statements (‘‘Operating Committee’’ or with respect to the proposed rule ‘‘Committee’’) 2 of the Joint Selfchange that are filed with the Commission, and all written 10 17 CFR 200.30–3(a)(12). communications relating to the 1 17 CFR 242.608. proposed rule change between the 2 The Plan Participants (collectively, Commission and any person, other than ‘‘Participants’’) are the: BATS Exchange, Inc. those that may be withheld from the (‘‘BATS’’); Chicago Board Options Exchange, Incorporated (‘‘CBOE’’); Chicago Stock Exchange, public in accordance with the Inc. (‘‘CHX’’); EDGA Exchange, Inc. (‘‘EDGA’’); EDGX provisions of 5 U.S.C. 552, will be Exchange, Inc. (‘‘EDGX’’); Financial Industry available for Web site viewing and Regulatory Authority, Inc. (‘‘FINRA’’); International printing in the Commission’s Public Securities Exchange LLC (‘‘ISE’’); NASDAQ OMX Continued Reference Room, 100 F Street, NE., Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–ISE–2011–05 on the subject line. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\28JAN1.SGM 28JAN1 5228 Federal Register / Vol. 76, No. 19 / Friday, January 28, 2011 / Notices Regulatory Organization Plan Governing the Collection, Consolidation, and Dissemination of Quotation and Transaction Information for NasdaqListed Securities Traded on Exchanges on an Unlisted Trading Privilege Basis (‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed with the Securities and Exchange Commission (‘‘Commission’’) an amendment to the Plan.3 This amendment represents Amendment No. 24 to the Plan and proposes to add BATS Y–Exchange, Inc. to the Plan. The Commission is publishing this notice to solicit comments from interested persons on the proposed Amendment. I. Rule 608(a) A. Purpose of the Amendments The amendment proposes to add BATS Y–Exchange, Inc. as a new Participant to the Plan. C. Implementation of Amendment Because the Participants designate the amendment as concerned solely with the administration of the Plan, the amendment becomes 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. WReier-Aviles on DSKGBLS3C1PROD with NOTICES F. Written Understanding or Agreements relating To Interpretation of, or Participation in, Plan Not applicable. BX, Inc. (‘‘BX’’); NASDAQ OMX PHLX, Inc. (‘‘PHLX’’); Nasdaq Stock Market LLC (‘‘Nasdaq’’); National Stock Exchange, Inc. (‘‘NSX’’); New York Stock Exchange LLC (‘‘NYSE’’); NYSE Amex, Inc. (‘‘NYSEAmex’’); and NYSE Arca, Inc. (‘‘NYSEArca’’). 3 The Plan governs the collection, processing, and dissemination on a consolidated basis of quotation information and transaction reports in Eligible Securities for each of its Participants. This consolidated information informs investors of the current quotation and recent trade prices of Nasdaq securities. It enables investors to ascertain from one data source the current prices in all the markets trading Nasdaq securities. The Plan serves as the required transaction reporting plan for its Participants, which is a prerequisite for their trading Eligible Securities. See Securities Exchange Act Release No. 55647 (April 19, 2007) 72 FR 20891 (April 26, 2007). 15:05 Jan 27, 2011 Jkt 223001 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. B. Governing or Constituent Documents Not applicable. VerDate Mar<15>2010 G. Approval by Sponsors in Accordance With Plan Each of the Plan’s Participants has executed a written amendment to the Plan. L. Dispute Resolution Not applicable. II. Rule 601(a) 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. 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 The Commission seeks general comments on Amendment No. 24. Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or PO 00000 Frm 00099 Fmt 4703 Sfmt 9990 • Send an e-mail to rulecomments@sec.gov. Please include File Number S7–24–89 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 S7–24–89. 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 Web site (http://www.sec.gov/rules/ sro.shtml). Copies of the submission, all written statements with respect to the proposed Plan amendment that are filed with the Commission, and all written communications relating to the proposed Plan amendment 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 on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for Web site viewing and printing at the Office of the Secretary of the Committee, currently located at the CBOE, 400 S. LaSalle Street, Chicago, IL 60605. 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 S7–24–89 and should be submitted on or before February 18, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.4 Elizabeth M. Murphy, Secretary. [FR Doc. 2011–1858 Filed 1–27–11; 8:45 am] BILLING CODE 8011–01–P 4 17 E:\FR\FM\28JAN1.SGM CFR 200.30–3(a)(27). 28JAN1

Agencies

[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5227-5228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1858]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63755; File No. S7-24-89]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment No. 24 to the Joint Self-Regulatory Organization Plan 
Governing the Collection, Consolidation and Dissemination of Quotation 
and Transaction Information for Nasdaq-Listed Securities Traded on 
Exchanges on an Unlisted Trading Privileges Basis Submitted by the 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., Nasdaq Stock 
Market LLC, National Stock Exchange, Inc., New York Stock Exchange LLC, 
NYSE Amex, Inc., and NYSE Arca, Inc.

January 21, 2011.
    Pursuant to Rule 608 of the Securities Exchange Act of 1934 (the 
``Act'') \1\ notice is hereby given that on December 20, 2010, the 
operating committee (``Operating Committee'' or ``Committee'') \2\ of 
the Joint Self-

[[Page 5228]]

Regulatory Organization Plan Governing the Collection, Consolidation, 
and Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading Privilege 
Basis (``Nasdaq/UTP Plan'' or ``Plan'') filed with the Securities and 
Exchange Commission (``Commission'') an amendment to the Plan.\3\ This 
amendment represents Amendment No. 24 to the Plan and proposes to add 
BATS Y-Exchange, Inc. to the Plan. The Commission is publishing this 
notice to solicit comments from interested persons on the proposed 
Amendment.
---------------------------------------------------------------------------

    \1\ 17 CFR 242.608.
    \2\ The Plan Participants (collectively, ``Participants'') are 
the: BATS Exchange, Inc. (``BATS''); Chicago Board Options Exchange, 
Incorporated (``CBOE''); Chicago Stock Exchange, Inc. (``CHX''); 
EDGA Exchange, Inc. (``EDGA''); EDGX Exchange, Inc. (``EDGX''); 
Financial Industry Regulatory Authority, Inc. (``FINRA''); 
International Securities Exchange LLC (``ISE''); NASDAQ OMX BX, Inc. 
(``BX''); NASDAQ OMX PHLX, Inc. (``PHLX''); Nasdaq Stock Market LLC 
(``Nasdaq''); National Stock Exchange, Inc. (``NSX''); New York 
Stock Exchange LLC (``NYSE''); NYSE Amex, Inc. (``NYSEAmex''); and 
NYSE Arca, Inc. (``NYSEArca'').
    \3\ The Plan governs the collection, processing, and 
dissemination on a consolidated basis of quotation information and 
transaction reports in Eligible Securities for each of its 
Participants. This consolidated information informs investors of the 
current quotation and recent trade prices of Nasdaq securities. It 
enables investors to ascertain from one data source the current 
prices in all the markets trading Nasdaq securities. The Plan serves 
as the required transaction reporting plan for its Participants, 
which is a prerequisite for their trading Eligible Securities. See 
Securities Exchange Act Release No. 55647 (April 19, 2007) 72 FR 
20891 (April 26, 2007).
---------------------------------------------------------------------------

I. Rule 608(a)

A. Purpose of the Amendments

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

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of Amendment

    Because the Participants designate the amendment as concerned 
solely with the administration of the Plan, the amendment becomes 
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

    Each of the Plan's Participants has executed a written amendment to 
the Plan.

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)

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.

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

    The Commission seeks general comments on Amendment No. 24. 
Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposal is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number S7-24-89 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 S7-24-89. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of 
the submission, all written statements with respect to the proposed 
Plan amendment that are filed with the Commission, and all written 
communications relating to the proposed Plan amendment 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 on official business days between the hours of 10 a.m. 
and 3 p.m. Copies of the filing also will be available for Web site 
viewing and printing at the Office of the Secretary of the Committee, 
currently located at the CBOE, 400 S. LaSalle Street, Chicago, IL 
60605. 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 S7-24-
89 and should be submitted on or before February 18, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(27).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1858 Filed 1-27-11; 8:45 am]
BILLING CODE 8011-01-P