13442 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 

14 17 CFR 200.30–3(a)(12). 

1The Plan Participants (collectively, 

‘‘Participants’’) are the: BATS Exchange, Inc. 

(‘‘BATS’’); BATS Y-Exchange, Inc.(‘‘BATS Y’’); 

Chicago Board Options Exchange, Incorporated 

(‘‘CBOE’’); Chicago Stock Exchange, Inc. (‘‘CHX’’); 

EDGA Exchange, Inc. (‘‘EDGA’’); EDGX Exchange, 

Inc.(‘‘EDGX’’); Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’); International Securities 

Exchange LLC (‘‘ISE’’); NASDAQ OMX BX, Inc. 

(‘‘BX’’); NASDAQ OMX PHLX, Inc. (‘‘PHLX’’); 

Nasdaq Stock Market LLC (‘‘Nasdaq’’); National 

Stock Exchange, Inc. (‘‘NSX’’); New York Stock 

Exchange LLC (‘‘NYSE’’); NYSE Amex, Inc. 

(‘‘NYSEAmex’’); and NYSE Arca, Inc. (‘‘NYSEArca’’). 

2 17 CFR 240.608. 

3 15 U.S.C. 78k–1. 

4The Plan governs the collection, processing, and 

dissemination on a consolidated basis of quotation 

information and transaction reports in Eligible 

Securities for each of its Participants. This 

consolidated information informs investors of the 

current quotation and recent trade prices of Nasdaq 

securities. It enables investors to ascertain from one 

data source the current prices in all the markets 

trading Nasdaq securities. The Plan serves as the 

required transaction reporting plan for its 

Participants, which is a prerequisite for their 

trading Eligible Securities. See Securities Exchange 

Act Release No. 55647 (April 19, 2007) 72 FR 20891 

(April 26, 2007). 

5See Securities Exchange Act Release No. 63756 

(January 21, 2011), 76 FR 5224 (‘‘Notice’’). 

6Some Plan amendments do not require a 

unanimous vote; therefore not every Participant 

would have to execute the amendment. 

7The Participants would vote only to approve the 

conforming language to the Plan, as the 

Commission’s action in approving its rule would 

bind the Participants. 

8The Commission has considered the proposed 

amendments’ impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

9 15 U.S.C. 78k–1(a)(1). 

10 17 CFR 240.608. 

11 15 U.S.C. 78k–1. 

12 17 CFR 240.608. 

13 17 CFR 200.30–3(a)(27). 

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 

available publicly. All submissions 

should refer to File Number SR– 

NYSEArca–2011–06 and should be 

submitted on or before April 1, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–5578 Filed 3–10–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64043; File No. S7–24–89] 

Joint Industry Plan; Order Approving 

Amendment No. 25 to the Joint SelfRegulatory Organization Plan 

Governing the Collection, 

Consolidation and Dissemination of 

Quotation and Transaction Information 

for Nasdaq-Listed Securities Traded on 

Exchanges on an Unlisted Trading 

Privileges Basis Submitted by the 

BATS Exchange, Inc., BATS YExchange, Inc., Chicago Board 

Options Exchange, Incorporated, 

Chicago Stock Exchange, Inc., EDGA 

Exchange, Inc., EDGX Exchange, Inc., 

Financial Industry Regulatory 

Authority, Inc., International Securities 

Exchange LLC, NASDAQ OMX BX, Inc., 

NASDAQ OMX PHLX, Inc., Nasdaq 

Stock Market LLC, National Stock 

Exchange, Inc., New York Stock 

Exchange LLC, NYSE Amex, Inc., and 

NYSE Arca, Inc. 

March 7, 2011. 

I. Introduction 

On December 23, 2010 the operating 

committee (‘‘Operating Committee’’ or 

‘‘Committee’’) 1 of the Joint SelfRegulatory Organization Plan Governing 

the Collection, Consolidation, and 

Dissemination of Quotation and 

Transaction Information for NasdaqListed Securities Traded on Exchanges 

on an Unlisted Trading Privilege Basis 

(‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) pursuant 

to Rule 608 2 under the Securities 

Exchange Act of 1934 (‘‘Act’’) 3 a 

proposal to amend the Plan 4 to permit 

ministerial amendments to the Plan 

under the signature of the Chairman of 

the Nasdaq/UTP Plan Operating 

Committee. The proposed amendment 

was published for comment in the 

Federal Register on January 28, 2011.5

No comment letters were received in 

response to the Notice. This order 

approves the proposal. 

II. Description of the Proposal 

Currently, Section XVI of the Nasdaq/ 

UTP Plan requires each Participant to 

execute most amendments 6 to the Plan 

before the amendments can be filed 

with the Commission. The Participants 

proposed to amend the Plan to permit 

the submission of ministerial Plan 

amendments to the Commission under 

the signature of the Chairman of the 

Nasdaq/UTP Plan Operating. 

The categories of ministerial Plan 

amendments that may be submitted 

under the signature of the Chairman 

include amendments to the Plan that 

pertain solely to any one or more of the 

following: 

(1) Admitting a new Participant into 

the Plan; 

(2) Changing the name or address of 

a Participant; 

(3) Incorporating a change that the 

Commission has implemented by rule 

and that requires no conforming 

language to the text of the Plan (e.g., the 

Commission rule establishing the 

Advisory Committee); 

(4) Incorporating a change (i) that the 

Commission has implemented by rule, 

(ii) that requires conforming language to 

the text of the Plan (e.g., the 

Commission rule amending the revenue 

allocation formula), and (iii) that a 

majority of all Participants has voted to 

approve; 7 and, 

(5) Incorporating a purely technical 

change, such as correcting an error or an 

inaccurate reference to a statutory 

provision, or removing language that 

has become obsolete (e.g., language 

regarding ITS). 

III. Discussion 

After careful review, the Commission 

finds that the proposed amendment to 

the Plan is consistent with the 

requirements of the Act and the rules 

and regulations thereunder,8 and, in 

particular, Section 11A(a)(1) of the Act 9

and Rule 608 thereunder 10 in that they 

are necessary or appropriate in the 

public interest, for the protection of 

investors and the maintenance of fair 

and orderly markets, to remove 

impediments to, and perfect the 

mechanisms of, a national market 

system. Permitting the Chairman of the 

Nasdaq/UTP Plan Operating Committee 

to submit ministerial amendments will 

increase the efficiency of the 

administration of the Plan and increase 

the timeliness of updating the Plan for 

accuracy. The proposed amendment 

streamlining the process for admitting 

new Participants removes impediments 

to competition by facilitating the timely 

admission of a new Participant to the 

Plan. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 11A of the Act,11 and Rule 608 

thereunder,12 that the proposed 

amendment to Nasdaq/UTP Plan (File 

No. S7–24–89) is approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–5579 Filed 3–10–11; 8:45 am] 

BILLING CODE 8011–01–P 


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