
[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]               
[Page 8415-8416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe10-150]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61528; File No. 4-443]

 
Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment to the Plan for the Purpose of Developing and Implementing 
Procedures To Facilitate the Listing and Trading of Standardized 
Options To Add BATS Exchange, Inc. as a Sponsor

February 17, 2010.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of 
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given 
that on February 2, 2010, BATS Exchange, Inc. (``BATS'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') an amendment to the Plan for the Purpose of Developing 
and Implementing Procedures to Facilitate the Listing and Trading of 
Standardized Options (``OLPP'').\3\ The amendment proposes to add BATS 
as a Sponsor of the OLPP. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ On July 6, 2001, the Commission approved the OLPP, which was 
proposed by the American Stock Exchange LLC (``Amex''), Chicago 
Board Options Exchange, Incorporated (``CBOE''), International 
Securities Exchange LLC (``ISE''), Options Clearing Corporation 
(``OCC''), Philadelphia Stock Exchange, Inc. (``Phlx''), and Pacific 
Exchange, Inc. (``PCX'') (n/k/a NYSE Arca). See Securities Exchange 
Act Release No. 44521, 66 FR 36809 (July 13, 2001). On February 5, 
2004, Boston Stock Exchange, Inc. (``BSE'') was added as a Sponsor 
to OLPP. See Securities Exchange Act Release No. 49199, 69 FR 7030 
(February 12, 2004). On March 21, 2008, the Nasdaq Stock Market, LLC 
(``Nasdaq'') was added as a Sponsor to the OLPP.
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I. Description and Purpose of the Amendment

    The current Sponsors of the OLPP are Amex, BSE, CBOE, ISE, NYSE 
Arca, OCC, Phlx and Nasdaq. The proposed amendment to the OLPP would 
add BATS as a Sponsor of the OLPP. A national securities exchange may 
become a Sponsor if it satisfies the requirement of Section 7 of the 
OLPP. Specifically an Eligible Exchange \4\ may become a Sponsor of the 
OLPP by: (i) Executing a copy of the OLPP, as then in effect; (ii) 
providing each current Plan Sponsor with a copy of such executed Plan; 
and (iii) effecting an amendment to the OLPP, as specified in Section 
7(ii) of the OLPP.
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    \4\ The OLPP defines an ``Eligible Exchange'' as a national 
securities exchange registered with the Commission pursuant to 
Section 6(a) of the Exchange Act, 15 U.S.C. 78f(a), that (1) has 
effective rules for the trading of options contracts issued and 
cleared by the OCC approved in accordance with the provisions of the 
Exchange Act and the rules and regulations thereunder and (2) is a 
party to the Plan for Reporting Consolidated Options Last Sale 
Reports and Quotation Information (the ``OPRA Plan''). BATS has 
represented that it has met both the requirements for being 
considered an Eligible Exchange. See Letter from Eric Swanson, SVP, 
General Counsel, BATS to Johnna Dumler, Special Counsel, Division of 
Trading and Markets, Commission, dated February 12, 2010.
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    Section 7(ii) of the OLPP sets forth the process by which an 
Eligible Exchange may effect an amendment to the OLPP. Specifically, an 
Eligible Exchange must: (a) execute a copy of the OLPP with the only 
change being the addition of the new sponsor's name in Section 8 of the 
OLPP; and (b) submit the executed OLPP to the Commission. The OLPP then 
provides that such an amendment will be effective at the later of 
either the amendment being approved by the Commission or otherwise 
becoming effective pursuant to Section 11A of the Act. BATS has 
submitted a signed copy of the OLPP to the Commission in accordance 
with the procedures set forth in the OLPP regarding new Plan Sponsors.

II. Effectiveness of the Proposed Linkage Plan Amendment

    The foregoing proposed OLPP amendment has become effective pursuant 
to Rule 608(c)(3)(iii) \5\ because it involves solely technical or 
ministerial matters. At any time within sixty days of the filing of 
this amendment, the Commission may summarily abrogate the amendment and 
require that it be refiled pursuant to paragraphs (b)(1) of Rule 
608,\6\ 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.
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    \5\ 17 CFR 242.608(b)(3)(iii).
    \6\ 17 CFR 242.608(b)(1).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed 
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 4-443 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 4-443. 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 rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the

[[Page 8416]]

public in accordance with the provisions of 5 U.S.C. 552, will be 
available for Web 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 such 
filing also will be available for inspection and copying at BATS' 
principal office. 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 No. 4-443 and 
should be submitted on or before March 17, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(29).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3545 Filed 2-23-10; 8:45 am]
BILLING CODE 8011-01-P

