13440 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 

9 15 U.S.C. 78s(b)(3)(A)(iii). 

10 17 CFR 240.19b–4(f)(4). 11 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

clarifying DTC’s procedures as they 

relate to certain tax services offered by 

and through DTC, which should 

enhance the use of DTC’s existing tax 

withholding services. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

DTC 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 relating to the 

proposed rule change have been 

solicited or received. DTC will notify 

the Commission of any written 

comments received by DTC. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective upon filing pursuant to Section 

19(b)(3)(A)(iii) of the Act 9 and Rule 

19b–4(f)(4) 10 thereunder because it is a 

change in an existing service that does 

not adversely affect the safeguarding of 

securities or funds in the custody or 

control of the clearing agency and does 

not significantly affect the respective 

rights or obligations of the clearing 

agency or persons using the service. At 

any time within sixty days of the filing 

of such 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–DTC–2011–04 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–DTC–2011–04. 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 Section, 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 filings 

also will be available for inspection and 

copying at the principal office of DTC 

and on DTC’s Web site, http:// 

www.dtcc.com. 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–DTC– 

2011–04 and should be submitted on or 

before April 1, 2011. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–5645 Filed 3–10–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64042; File No. SR– 

NYSEArca–2011–06] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Extending the Pilot 

Period of the Exchange’s Prior 

Approvals To Receive Inbound Routes 

of Certain Equities Orders From 

Archipelago Securities LLC 

March 7, 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 

28, 2011, NYSE Arca, Inc. (the 

‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by NYSE Arca. 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 extend the 

pilot period of the Exchange’s prior 

approvals to receive inbound routes of 

certain equities orders from Archipelago 

Securities LLC (‘‘Arca Securities’’), an 

NYSE Arca affiliated ETP Holder. The 

text of the proposed rule change is 

available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 13441 

3See Securities Exchange Act Release No. 54238 

(July 28, 2006), 71 FR 44758 (August 7, 2006) (order 

approving SR–NYSEArca–2006–13); see also 

Securities Exchange Act Release No. 52497 

(September 22, 2005), 70 FR 56949 (September 29, 

2005) (SR–PCX–2005–90); see also Securities 

Exchange Act Release No. 44983 (October 25, 2001), 

66 FR 55225 (November 1, 2001) (SR–PCX–00–25); 

see also Securities Exchange Act Release No. 58681 

(September 29, 2008), 73 FR 58285 (October 6, 

2008) (order approving SR–NYSEArca–2008–90). 

4See Securities Exchange Act Release No. 55590 

(April 5, 2007), 72 FR 18707 (April 13, 2007) (notice 

of immediate effectiveness of SR–NYSE–2007–29); 

see also Securities Exchange Act Release No. 58680 

(September 29, 2008), 73 FR 58283 (October 6, 

2008) (order approving SR–NYSE–2008–76). See 

Securities Exchange Act Release No. 59009 

(November 24, 2008), 73 FR 73363 (December 2, 

2008) (order approving SR–NYSEALTR–2008–07); 

see also Securities Exchange Act Release No. 59473 

(February 27, 2009), 74 FR 9853 (March 6, 2009) 

(order approving SR–NYSEALTR–2009–18). 

5See Securities Exchange Act Release No. 58681 

(September 29, 2008), 73 FR 58285 (October 6, 

2008) (order approving NYSEArca–2008–90); see 

also Securities Exchange Act Release No. 59010 

(November 24, 2008), 73 FR 73373 (December 2, 

2008) (order approving SR–NYSEArca–2008–130). 

6See Securities Exchange Act Release No. 62833 

(September 2, 2010), 75 FR 55382 (September 10, 

2010) (Notice of immediate effectiveness of SR– 

NYSEArca–2010–82). 

7 15 U.S.C. 78f(b). 

8 15 U.S.C. 78f(b)(5). 

9The Exchange is currently analyzing the 

condition regarding non-public information and 

system changes in order to better reflect the 

operation of Arca Securities. 

10 15 U.S.C. 78s(b)(3)(A)(iii). 

11 17 CFR 240.19b–4(f)(6). 

12 17 CFR 240.19b–4(f)(6). 13 17 CFR 240.19b–4(f)(6)(iii). 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Currently, Arca Securities is the 

approved outbound order routing 

facility of the Exchange.3 Arca 

Securities is also the approved 

outbound order routing facility of the 

New York Stock Exchange LLC 

(‘‘NYSE’’) and NYSE Amex LLC (‘‘NYSE 

Amex’’).4 The Exchange, through NYSE 

Arca Equities, has also been previously 

approved to receive inbound routes of 

equities orders by Arca Securities in its 

capacity as an order routing facility of 

the NYSE and NYSE Amex.5 The 

Exchange’s authority to receive inbound 

routes of equities orders by Arca 

Securities is subject to a pilot period 

ending March 31, 2011.6 The Exchange 

hereby seeks to extend the previously 

approved pilot period (with the 

attendant obligations and conditions) 

for an additional 6 months, through 

September 30, 2011. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),7 in general, and furthers the 

objectives of Section 6(b)(5),8 in 

particular, in that it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system. 

Specifically, the proposed rule change 

will allow the Exchange to continue 

receiving inbound routes of equities 

orders from Arca Securities acting in its 

capacity as a facility of the NYSE and 

NYSE Amex, in a manner consistent 

with prior approvals and established 

protections. The Exchange believes that 

extending the previously approved pilot 

period for six months will permit both 

the Exchange and the Commission to 

further assess the impact of the 

Exchange’s authority to receive direct 

inbound routes of equities orders via 

Arca Securities (including the attendant 

obligations and conditions).9

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 10 and Rule 

19b–4(f)(6) thereunder.11 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; and (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. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 12 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),13 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. 

At any time within 60 days of the 

filing of such 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–NYSEArca–2011–06 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–NYSEArca–2011–06. 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 


srobinson on DSKHWCL6B1PROD with NOTICES
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 


srobinson on DSKHWCL6B1PROD with NOTICES