[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57309-57310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23360]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62912; File No. SR-CTA/CQ-2010-03]
Consolidated Tape Association; Notice of Filing and Immediate
Effectiveness of the Sixteenth Substantive Amendment to the Second
Restatement of the Consolidated Tape Association Plan and Twelfth
Substantive Amendment to the Restated Consolidated Quotation Plan
September 14, 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 August 27, 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 sixteenth substantive amendment to the CTA
Plan (``Sixteenth Amendment to the CTA Plan'') and the twelfth
substantive amendment to the CQ Plan (``Twelfth Amendment to the
[[Page 57310]]
CQ Plan''), and reflects changes unanimously adopted by the
Participants. The Sixteenth Amendment to the CTA Plan and the Twelfth
Amendment to the CQ Plan (``Amendments'') propose to add EDGA Exchange,
Inc. and EDGX Exchange, Inc. to the Plans. The Commission is publishing
this notice to solicit comments from interested persons on the proposed
Amendments.
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\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.; 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.
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I. Rule 608(a)
A. Purpose of the Amendments
The amendment proposes to add EDGA Exchange, Inc. and EDGX
Exchange, Inc. as new Participants 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.
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 (http://www.sec.gov/rules/sro.shtml); or
Send an e-mail to [email protected]. Please include
File Number SR-CTA/CQ-2010-03 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-2010-03. 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 (http://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 website 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-2010-03 and should be submitted
on or before October 12, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
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\5\ 17 CFR 200.30-3(a)(27).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-23360 Filed 9-17-10; 8:45 am]
BILLING CODE 8010-01-P