
[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Notices]               
[Page 57309-57310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se10-87]                         

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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 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\
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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

