Notices. SECURITIES AND EXCHANGE COMMISSION
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/register/2010/09/20/2010-23360·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 8010-01-P 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 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. 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.
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 *rule-comments@sec.gov.* 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 5 17 CFR 200.30-3(a)(27). Florence E. Harmon, Deputy Secretary. [FR Doc. 2010-23360 Filed 9-17-10; 8:45 am]
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