
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]               
[Page 64372-64373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc08-98]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58838; File No. SR-CTA/CQ-2008-04]

 
Consolidated Tape Association; Notice of Filing and Immediate 
Effectiveness of the Fourteenth Substantive Amendment to the Second 
Restatement of the Consolidated Tape Association Plan and the Tenth 
Substantive Amendment to the Restated Consolidated Quotation Plan

October 23, 2008.
    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 21, 2008, the Consolidated Tape Association (``CTA'') Plan 
and Consolidated Quotation (``CQ'') Plan participants 
(``Participants'') \3\ submitted to the Securities and Exchange 
Commission (``Commission'') proposals to amend the CTA and CQ Plans 
(collectively, the ``Plans'').\4\ The proposals represent the 
fourteenth substantive amendment to the Second Restatement of the CTA 
Plan (``Fourteenth Amendment to the CTA Plan'') and the tenth 
substantive amendment to the Restated CQ Plan (``Tenth Amendment to the 
CQ Plan''), and seek to add BATS Exchange, Inc. as a new Participant to 
each Plan.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The Participants are the American Stock Exchange LLC (n/k/a 
NYSE Alternext U.S. LLC); Boston Stock Exchange, Inc., (n/k/a NASDAQ 
OMX BX, Inc.); Chicago Board Options Exchange, Incorporated; Chicago 
Stock Exchange, Inc.; Financial Industry Regulatory Authority, Inc., 
International Securities Exchange, LLC; The NASDAQ Stock Market LLC; 
National Stock Exchange, Inc.; New York Stock Exchange LLC; NYSE 
Arca, Inc.; and Philadelphia Stock Exchange, Inc. (n/k/a NASDAQ OMX 
PHLX, Inc.)
    \4\ See Securities Exchange Act Release Nos. 10787 (May 10, 
1974), 39 FR 17799 (order approving CTA Plan); 15009 (July 28, 
1978), 43 FR 34851 (August 7, 1978) (order temporarily approving CQ 
Plan); and 16518 (January 22, 1980), 45 FR 6521 (order permanently 
approving CQ Plan). The CTA Plan, pursuant to which markets collect 
and disseminate last sale price information for 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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    Pursuant to Rule 608(b)(3)(ii) under the Act,\5\ the Participants 
designated the Amendments as concerned solely with the administration 
of the Plans. As a result, the Amendments have become effective upon 
filing with the Commission. At any time within 60 days of the filing of 
the Amendments, the Commission may summarily abrogate the Amendments 
and require that the Amendments be refiled in accordance with paragraph 
(a)(1) of Rule 608 and reviewed in accordance with paragraph (b)(2) of 
Rule 608, if it appears to the Commission that such action is necessary 
or appropriate in the public interest, for the protection of investors, 
or the maintenance of fair and orderly markets, to remove impediments 
to, and perfect the mechanisms of, a national market system or 
otherwise in furtherance of the purposes of the Act. The Commission is 
publishing this notice to solicit comments from interested persons.
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    \5\ 17 CFR 242.608(b)(3)(ii).
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I. Rule 608(a)

 A. Description and Purpose of the Amendments

    The Amendments propose to add BATS Exchange, Inc. as a new 
Participant to each Plan. The text of the proposed Amendments is 
available on the CTA's Web site (http://www.nysedata.com/cta), at the 
principal office of the CTA, and at the Commission's Public Reference 
Room.

B. Additional Information Required by Rule 608(a)

1. Governing or Constituent Documents
    Not applicable.

[[Page 64373]]

2. 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 CTA and the CQ Plan's Operating 
Committee may submit these Amendments to the Commission on behalf of 
the Participants in the Plans. Pursuant to Rule 608(b)(3)(ii) under the 
Act,\6\ the Participants designated Ministerial Amendments as 
amendments concerned solely with the administration of the Plans, and 
therefore the Amendments become effective upon filing with the 
Commission.
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    \6\ 17 CFR 242.608(b)(3)(ii).
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3. Development and Implementation Phases
    See Item B(2) above.
4. Analysis of Impact on Competition
    The proposed Amendments do 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 Amendments introduce terms that are unreasonably discriminatory 
for the purposes of Section 11A(c)(1)(D) of the Exchange Act.\7\
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    \7\ 15 U.S.C. 78k-1(c)(1)(D).
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5. Written Understanding or Agreements Relating to Interpretation of, 
or Participation in, Plan
    Not applicable.
6. Approval by Sponsors in Accordance With Plan
    See Item B(2) above.
7. Description of Operation of Facility Contemplated by the Proposed 
Amendment
    a. Terms and Conditions of Access
    See Item A above.
    b. Method of Determination and Imposition, and Amount of, Fees and 
Charges
    See Item A above.
    c. Method of Frequency of Processor Evaluation
    Not applicable.
    d. Dispute Resolution
    Not applicable.

II. Rule 601(a)

A. Equity Securities for Which Transaction Reports Shall be Required by 
the Plan

    Not applicable.

B. Reporting Requirements

    Not applicable.

C. Manner of Collecting, Processing, Sequencing, Making Available and 
Disseminating Last Sale Information

    Not applicable.

D. Manner of Consolidation

    Not applicable.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness 
of Transaction Reports

    Not applicable.

F. Rules and Procedures Addressed to Fraudulent or Manipulative 
Dissemination

    Not applicable.

G. Terms of Access to Transaction Reports

    Not applicable.

H. Identification of Marketplace 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-2008-04 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-CTA/CQ-2008-04. 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 (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 inspection and copying 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 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-2008-04 and should be submitted on or before November 19, 2008.
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    \8\ 17 CFR 200.30-3(a)(27).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-25806 Filed 10-28-08; 8:45 am]

BILLING CODE 8011-01-P
