9616 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

Retirement Board (RRB) is forwarding 

an Information Collection Request (ICR) 

to the Office of Information and 

Regulatory Affairs (OIRA), Office of 

Management and Budget (OMB) to 

request an extension without change of 

a currently approved collection of 

information: 3220–0185, Report of 

Medicaid State Office on Beneficiary’s 

Buy-In Status consisting of Form RL– 

380–F, Report to State Medicaid Office. 

Our ICR describes the information we 

seek to collect from the public. Review 

and approval by OIRA ensures that we 

impose appropriate paperwork burdens. 

The RRB invites comments on the 

proposed collection of information to 

determine (1) The practical utility of the 

collection; (2) the accuracy of the 

estimated burden of the collection; (3) 

ways to enhance the quality, utility and 

clarity of the information that is the 

subject of collection; and (4) ways to 

minimize the burden of collections on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments to RRB or OIRA must contain 

the OMB control number of the ICR. For 

proper consideration of your comments, 

it is best if RRB and OIRA receive them 

within 30 days of publication date. 

Under Section 7(d) of the Railroad 

Retirement Act, the RRB administers the 

Medicare program for persons covered 

by the railroad retirement system. Under 

Section 1843 of the Social Security Act, 

states may enter into ‘‘buy-in 

agreements’’ with the Secretary of 

Health and Human Services for the 

purpose of enrolling certain groups of 

low-income individuals under the 

Medicare medical insurance (Part B) 

program and paying the premiums for 

their insurance coverage. Generally, 

these individuals are categorically 

needy under Medicaid and meet the 

eligibility requirements for Medicare 

Part B. States can also include in their 

buy-in agreements, individuals who are 

eligible for medical assistance only. The 

RRB uses Form RL–380–F, Report to 

State Medicaid Office, to obtain 

information needed to determine if 

certain railroad beneficiaries are entitled 

to receive Supplementary Medical 

Insurance program coverage under a 

State buy-in agreement in States in 

which they reside. Completion of Form 

RL–380–F is voluntary. One response is 

received from each respondent. 

The RRB proposes no changes to 

Form RL–380–F. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (72 FR 57078 on 

December 17, 2010) required by 44 

U.S.C. 3506(c)(2). That request elicited 

no comments. 

Information Collection Request (ICR) 

Title: Report of Medicaid State Office 

on Beneficiary’s Buy-In Status. 

OMB Control Number: 3220–0185. 

Form(s) submitted: RL–380–F. 

Type of request: An extension without 

change of a currently approved 

collection. 

Affected public: State, local or Tribal 

government. 

Abstract: Under the Railroad 

Retirement Act, the Railroad Retirement 

Board administers the Medicare 

program for persons covered by the 

railroad retirement system. The 

collection obtains the information 

needed to determine if certain railroad 

beneficiaries are entitled to receive 

Supplementary Medical Insurance 

program coverage under a State buy-in 

agreement in States in which they 

reside. 

Changes Proposed: The RRB proposes 

no changes to Form RL–380–F. 

The burden estimate for the ICR is as 

follows: 

Estimated Completion Time for 

Form(s): Completion time for Form RL– 

380–F is estimated at 10 minutes. 

Estimated annual number of 

respondents: 600. 

Total annual responses: 600. 

Total annual reporting hours: 100. 

Additional Information or Comments: 

Copies of the forms and supporting 

documents can be obtained from 

Charles Mierzwa, the agency clearance 

officer (312–751–3363) or 

Charles.Mierzwa@rrb.gov. 

Comments regarding the information 

collection should be sent to Patricia A. 

Henaghan, Railroad Retirement Board, 

844 North Rush Street, Chicago, Illinois 

60611–2092 or 

Patricia.Henaghan@rrb.gov and to the 

Office of Management Budget at ATTN: 

Desk Officer for RRB, FAX: (202) 395– 

6974 or via E-mail to 

OIRA_Submission@omb.eop.gov. 

Charles Mierzwa, 

Clearance Officer. 

[FR Doc. 2011–3715 Filed 2–17–11; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63898; File No. SR–NYSE– 

2011–03] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Cease 

Operating NYSE MatchPoint Effective 

February 28, 2011 and 

Contemporaneously Delete the Text of 

Rule 1500, Which Governs 

MatchPoint’s Functionality 

February 11, 2011. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1, and Rule 19b–4 thereunder,2

notice is hereby given that on February 

7, 2011, New York Stock Exchange LLC 

(‘‘NYSE’’ or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I and II, below, which Items have 

been prepared by the self-regulatory 

organization. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to cease 

operating NYSE MatchPointSM

(‘‘MatchPoint’’), effective February 28, 

2011, and as such, proposes to 

contemporaneously delete the text of 

Rule 1500, which governs MatchPoint’s 

functionality. The text of the proposed 

rule change is available on the 

Exchange’s Web site at http:// 

www.nyse.com, at the Exchange’s 

principal office, at the Commission’s 

Public Reference Room, and on the 

Commission’s Web site at http:// 

www.sec.gov. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of 

and basis for the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 9617 

3 15 U.S.C. 78f(b). 

4 15 U.S.C. 78f(b)(5). 

5 15 U.S.C. 78s(b)(3)(A)(iii). 

6 17 CFR 240.19b–4(f)(6). 

7 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s intent 

to file the proposed rule change along with a brief 

description and the text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Exchange has satisfied this requirement. 

8For purposes only of waiving the operative 

delay for this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange intends to cease 

operating MatchPoint, effective 

February 28, 2011, and as such, 

proposes to contemporaneously delete 

the text of Rule 1500, which governs 

MatchPoint’s functionality. MatchPoint 

is a portfolio-based, point-in-time 

electronic exchange facility that 

matches aggregated orders at 

predetermined times. The Exchange will 

provide advance notice to its members 

and member organizations of the 

discontinuation of this functionality. 

The Exchange also proposes to make 

conforming changes to remove 

references to Rule 1500 and MatchPoint 

from the following other Exchange 

rules: Rule 13, Rule 15, Supplementary 

Materials .15 and .20 to Rule 79A, 

Supplementary Material .10 to Rule 104, 

Supplementary Material .40 to Rule 116, 

Rule 123B and Supplementary Material 

.30 thereto, Supplementary Material .10 

to Rule 123C, Supplementary Material 

.25 to Rule 123D, Supplementary 

Material .11 to Rule 1000, and Rule 

1600. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the requirements of Section 6(b) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),3 in general, and Section 6(b)(5) 

of the Act,4 in particular, in that it is 

designed to foster cooperation and 

coordination with persons engaged in 

regulating, clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, to 

remove impediments to and perfect the 

mechanism for a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. The proposed rule 

change, in conjunction with a related 

communication to members and 

member organizations, will provide 

advance notice to NYSE members and 

member organizations that the Exchange 

will cease operation of MatchPoint. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 5 and Rule 

19b–4(f)(6) thereunder.6 Because the 

proposed rule change does not: (i) 

Significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; or (iii) become operative 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act and Rule 19b–4(f)(6)(iii) 

thereunder.7

The Exchange has asked the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Commission hereby grants 

the request. Waiving the operative delay 

will allow the Exchange to cease 

operations of MatchPoint on February 

28, 2011, which, as noted by the 

Exchange, is the compliance date for 

amendments to Regulation SHO under 

the Act. By waiving the operative delay, 

the Exchange will be able to cease the 

operation of MatchPoint rather than 

making systems changes to MatchPoint 

to comply with the amendments to 

Regulation SHO for the time between 

February 28, 2011 and the date that is 

30 days after the date of this filing. 

Therefore, the Commission believes it is 

consistent with the protection of 

investors and the public interest to 

waive the 30-day operative delay and 

designates the proposal as operative 

upon filing.8

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change 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 rulecomments@sec.gov. Please include File 

Number SR–NYSE–2011–03 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–NYSE–2011–03. 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 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 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site 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 filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. 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 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

9618 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 

9 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The FINRA/NASDAQ TRF is a facility of FINRA 

operated by The NASDAQ OMX Group, Inc. 

4Securities Exchange Act Release No. 61595 

(February 26, 2010), 75 FR 11232 (March 10, 2010) 

(amending Rule 201 and Rule 200(g) of Regulation 

SHO). The amendments to Rules 201 and 200(g) of 

Regulation SHO have a compliance date of February 

28, 2011. See Securities Exchange Act Release No. 

63247 (November 4, 2010), 75 FR 68702 (November 

9, 2010) (extending the compliance date of the 

amendments to Rules 201 and 200(g) of Regulation 

SHO from November 10, 2010 until February 28, 

2011). 

5 17 CFR 242.201. 

6Rule 201(a)(9) defines the term ‘‘trading center’’ 

as having the same meaning as in Rule 600(b)(78) 

of Regulation NMS. Rule 600(b)(78) defines a 

‘‘trading center’’ as ‘‘a national securities exchange 

or national securities association that operates an 

SRO trading facility, an alternative trading system, 

an exchange market maker, an OTC market maker, 

or any other broker or dealer that executes orders 

internally by trading as principal or crossing orders 

as agent.’’ 17 CFR 242.600(b)(78). 

7Rule 201(a)(1) defines the term ‘‘covered 

security’’ for purposes of Rule 201. See 17 CFR 

242.201(a)(1). Rule 201(a)(1) defines ‘‘covered 

security’’ to mean any ‘‘NMS stock’’ as defined 

under Rule 600(b)(47) of Regulation NMS. Rule 

600(b)(47) of Regulation NMS defines an ‘‘NMS 

stock’’ as ‘‘any NMS security other than an option.’’ 

17 CFR 242.600(b)(47). Rule 600(b)(46) of 

Regulation NMS defines an ‘‘NMS security’’ as ‘‘any 

security or class of securities for which transaction 

reports are collected, processed, and made available 

pursuant to an effective transaction reporting plan, 

or an effective national market system plan for 

reporting transactions in listed options.’’ 17 CFR 

242.600(b)(46). 

8Rule 201(a)(4) defines the term ‘‘national best 

bid’’ for purposes of Rule 201. See 17 CFR 

242.201(a)(4). 

9Rule 201(a)(3) defines the term ‘‘listing market’’ 

for purposes of Rule 201. See 17 CFR 242.201(a)(3). 

10 17 CFR 242.201(b)(1)(i). 

11 17 CFR 242.201(b)(1)(ii). Further, if the price of 

a covered security declines intra-day by at least 

10% on a day on which the security is already 

subject to the short sale price test restriction of Rule 

201, the restriction will be re-triggered and, 

therefore, will continue in effect for the remainder 

of that day and the following day. Rule 201 does 

not place any limit on the frequency or number of 

times the circuit breaker can be re-triggered with 

respect to a particular stock. See Division of 

Trading and Markets: Responses to Frequently 

Asked Questions Concerning Rule 201 of 

Regulation SHO, Q&A No. 2.2 (http://sec.gov/ 

divisions/marketreg/rule201faq.htm). 

12Formerly, Rule 200(g) of Regulation SHO 

provided that a broker-dealer must mark all sell 

orders of any security as ‘‘long’’ or ‘‘short.’’ As 

amended, Rule 200(g) now provides a ‘‘short 

exempt’’ marking requirement. 17 CFR 242.200(g). 

Rule 200(g)(2) provides that a sale order may only 

available publicly. All submissions 

should refer to File Number SR–NYSE– 

2011–03 and should be submitted on or 

before March 11, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–3646 Filed 2–17–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63905; File No. SR–Phlx– 

2011–17] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change To Establish 

and Adopt Fees for the New Short Sale 

Monitor Service and PSX Data Add-On 

February 14, 2011. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on February 

4, 2011, NASDAQ OMX PHLX LLC 

(‘‘Phlx’’ or ‘‘Exchange’’), filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

substantially prepared by Phlx. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

Phlx proposes to adopt a fee for the 

Short Sale Monitor and the PSX Data 

Add-On, a new service and related 

NASDAQ OMX PSX (‘‘PSX’’) add-on 

data that assist subscribers in complying 

with new requirements arising from 

recent amendments to Regulation SHO. 

The Exchange will implement the 

service as soon as practicable following 

the effective date of the filing. 

The text of the proposed rule change 

is available at the principal office of the 

Exchange, and at the Commission’s 

Public Reference Room. 

* * * * * 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

Phlx included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. Phlx has prepared 

summaries, set forth in Sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Phlx is proposing to amend its fee 

schedule to establish the Short Sale 

Monitor offered to subscribing member 

firms at no cost through March 31, 2011 

and for a fee of $750 per market 

participant identifier (‘‘MPID’’), per 

month thereafter. The Short Sale 

Monitor is a new service that provides 

subscribers with real-time surveillance 

of trades reported to the FINRA/Nasdaq 

Trade Reporting Facility (‘‘FINRA/ 

NASDAQ TRF’’) 3 marked as ‘‘short’’ and 

‘‘short exempt’’ to assist them in 

monitoring their compliance with 

amendments to Regulation SHO under 

the Act.4 The Commission recently 

amended Regulation SHO to adopt a 

new short sale-related circuit breaker 

combined with an alternative uptick 

rule under Rule 201.5 The new rule 

imposes a restriction on the price at 

which a security may be sold short if the 

circuit breaker is triggered. Specifically, 

the new rule requires trading centers,6

which include self-regulatory 

organizations (‘‘SROs’’), to establish, 

maintain and enforce written policies 

and procedures reasonably designed to 

prevent the execution or display of short 

sale orders in a covered security 7 at a 

price that is less than or equal to the 

current national best bid 8 if the price of 

that covered security decreases by 10% 

or more from its closing price as 

determined by the listing market 9 as of 

the end of regular trading hours on the 

prior day.10 In addition, the rule 

requires that the trading center 

establish, maintain, and enforce written 

policies and procedures reasonably 

designed to impose this short sale price 

test restriction for the remainder of the 

day and the following day when a 

national best bid for the covered 

security is calculated and disseminated 

on a current and continuing basis by a 

plan processor pursuant to an effective 

national market system plan.11 Trading 

centers are required to regularly surveil 

to ascertain the effectiveness of these 

policies and procedures. Rule 201 

generally permits short selling at a price 

above the current national best bid 

during the time a short sale price test 

restriction is in effect for a covered 

security. 

The Commission also amended 

Regulation SHO to provide that a 

broker-dealer may mark certain 

qualifying sell orders ‘‘short exempt.’’ 12

WReier-Aviles on DSKGBLS3C1PROD with NOTICES