
[Federal Register: July 27, 2009 (Volume 74, Number 142)]
[Notices]               
[Page 37069-37071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy09-87]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60320; File No. SR-CTA-2009-01]

 
Consolidated Tape Association; Notice of Filing and Immediate 
Effectiveness of the Twelfth Charges Amendment to the Second 
Restatement of the Consolidated Tape Association Plan

July 16, 2009.
    Pursuant to Section 11A of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that 
on July 13, 2009, the Consolidated Tape Association (``CTA'') Plan 
Participants (``Participants'') \3\ filed with the Securities and 
Exchange Commission (``Commission'') a proposal to amend the Second 
Restatement of the CTA Plan (the ``CTA Plan''). The proposal represents 
the twelfth charges amendment to the Plan (``Twelfth Charges 
Amendment'') and reflects changes unanimously adopted by the 
Participants. The Twelfth Charges Amendment would delete the ticker 
display charge from Schedule A-1 of Exhibit E of the CTA Plan.
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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 the American Stock Exchange LLC (n/k/a NYSE Amex 
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.).
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    Pursuant to Rule 608(b)(3)(ii) under the Act,\4\ the Participants 
designated the Amendment as concerned solely with the administration of 
the Plan. As a result, the Amendment has become effective upon filing 
with the Commission. At any time within 60 days of the filing of the 
Amendment, the Commission may summarily abrogate the Amendment and 
require that the Amendment 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

[[Page 37070]]

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 on the proposed Twelfth 
Charges Amendment to the CTA Plan.
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    \4\ 17 CFR 242.608(b)(3)(ii).
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I. Rule 608(a)

A. Description and Purpose of the Amendment

    Schedule A-1 of Exhibit E to the CTA Plan sets forth the fees 
applicable to CTA Network A market data display services. The amendment 
proposes to delete from that schedule the monthly $30 nonprofessional 
subscriber ticker display charge. That charge applied to a 
nonprofessional subscriber's receipt of a Network A ticker feed from a 
ticker network that Network A formerly maintained. Network A phased out 
that ticker network a number of years ago, but the Participants did not 
delete the charge from the fee schedule once they completed the 
phaseout. The Network A Participants have not imposed the 
nonprofessional subscriber ticker fee since then.
    The text of the proposed Amendment 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.
2. Implementation of the Amendments
    Because the Amendment constitutes a ``Ministerial Amendment'' under 
clause (ii) of Section IV(b) of the CTA Plan, the Chairman of CTA may 
submit this amendment to the Commission on behalf of the CTA Plan 
Participants. Because the Participants designate the Amendment as 
concerned solely with the administration of the Plan, the Amendment 
becomes effective upon filing with the Commission.
3. Development and Implementation Phases
    Not applicable.
4. 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 Act. The Participants do not believe that the proposed Amendment 
introduces terms that are unreasonably discriminatory for the purposes 
of Section 11A(c)(1)(D) of the Act.\5\
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    \5\ 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 I.B(2) above.
7. Description of Operation of Facility Contemplated by the Proposed 
Amendment
a. Terms and Conditions of Access
    Not applicable.
b. Method of Determination and Imposition, and Amount of, Fees and 
Charges
    See Item I.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 Plan 
Amendment 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 SR-CTA-2009-01 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-2009-01. 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 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 inspection 
and copying 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 such filing 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 publicly available. All 
submissions should refer to File Number SR-CTA-2009-01 and should be 
submitted on or before August 17, 2009.


[[Page 37071]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
Florence E. Harmon,
Deputy Secretary.
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    \6\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-17763 Filed 7-24-09; 8:45 am]

BILLING CODE 8010-01-P
