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]
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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 (https://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 (https://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 (https://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 (https://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 (https://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 (https://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