Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 14113 

18 15 U.S.C. 78s(b)(3)(A). 19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to submit to the Commission written notice of its 

intent to file the proposed rule change, along with 

a brief description and 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. The 

Exchange previously filed its proposal under 

Section 19(b)(2) of the Act but subsequently 

withdrew that proposal and refiled under Section 

19(b)(3)(A). See Securities Exchange Act Release 

No. 63815 (February 1, 2011), 76 FR 6646 (February 

7, 2011) (SR–NASDAQ–2011–012). 

20See NYSEArca Rule 6.35(d) and Phlx Rule 

507(b). ISE appoints by class and group. See ISE 

Rules 100(a)(6) and 802. 21See NYSEAmex Rule 925NY(b)(5), which is 

similar, but not identical, because trading auctions 

on the NYSE Amex’s floor-based exchange are 

excluded from its rule. 

22See Phlx Rule 1014(c)(i)(A)(1)(a) and (c)(i)(A)(2) 

and ISE Rule 803(b)(4). 

23Phlx Rule 1014(b)(ii)(D)(1) and (4). Securities 

Exchange Act Release No. 60084 (June 10, 2009) 

(SR–Phlx–2009–37); see also Securities Exchange 

Act Release No. 57186 (January 22, 2008), 73 FR 

4931 (January 28, 2008) (approving SR–NYSEArca– 

2007–121). 24 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78s(b)(3)(A)(ii) and 15 U.S.C. 

78s(b)(3)(A)(iii). 

3 17 CFR 240.19b–4(f)(2) and 17 CFR 240.19b– 

4(f)(4). 

Act 18 and Rule 19b–4(f)(6) 

thereunder.19

In particular, NASDAQ notes that the 

proposed rule change is similar to the 

rules of other options exchanges in a 

variety of ways. With respect to 

registration by series, most options 

exchanges require registration by option 

(also called underlying).20 With respect 

to quotation spread parameters, most 

options exchanges currently impose 

such parameters on market makers; 

some options exchanges have a $5 wide 

requirement for electronic quotes,21

while others impose $5 wide parameter 

in certain situations and narrower 

parameters in other situations, usually 

related to the opening and the particular 

market making category.22 With respect 

to the quotation requirement and 

exception for certain series, the proposal 

is identical to Phlx Rule 

1014(b)(ii)(D)(1) respecting the 60% of 

series, 90% of the trading day 

requirement, except certain series.23

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–NASDAQ–2011–036 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–NASDAQ–2011–036. 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 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 

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–NASDAQ–2011–036 and 

should be submitted on or before April 

5, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.24

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–5862 Filed 3–14–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64065; File No. SR–NSCC– 

2011–01] 

Self-Regulatory Organizations; 

National Securities Clearing 

Corporation; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Modification 

of Trade Recording Fee for Bonds and 

Other Technical Rule Changes 

March 9, 2011. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

February 28, 2011, the National 

Securities Clearing Corporation 

(‘‘NSCC’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change as described 

in Items I and II below, which Items 

have been prepared primarily by NSCC. 

NSCC filed the proposed rule change 

pursuant to Sections 19(b)(3)(A)(ii) and 

19(b)(3)(A)(iii) of the Act 2 and Rules 

19b–4(f)(2) and 19b–4(f)(4) thereunder 3

so that the proposal was effective upon 

filing with the Commission. 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 proposed rule change amends 

Addendum A of the NSCC Rules & 

Procedures to modify NSCC’s fee 

schedule and to clarify the scope of 

trade recording fees and the 

computation of clearance activity fees. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

NSCC 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. NSCC has prepared 

summaries, set forth in sections A, B, 

and C below, of the most significant 

aspects of such statements. 


srobinson on DSKHWCL6B1PROD with NOTICES
14114 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 

4 15 U.S.C. 78q–1. 

5Supra note 2. 

6Supra note 3. 7 17 CFR 200.30–3(a)(12). 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

The purpose of the proposed rule 

change is to revise NSCC’s fee schedule 

(as set forth in Addendum A of NSCC’s 

Rules and Procedures) to adjust the 

trade recording fee for bonds to align the 

fee with the cost of providing the 

service. NSCC is adjusting the trade 

recording fee for each side of a bond 

item entered for settlement but not 

compared by NSCC from $0.65 per side 

to $0.85 per side. 

In addition, NSCC is making technical 

changes to: (1) Clarify that trade 

recording fees for equities are 

incorporated into the Clearance Activity 

Fee set forth in Section II.A. of the fee 

schedule and (2) adjust the lettering and 

numbering of the Clearance Activity Fee 

as set forth in the fee schedule to 

provide greater clarity as to how the 

various components of that fee are 

summed. 

The above fee change took effect on 

March 1, 2011. The textual changes to 

NSCC’s rules can be found online at 

http://www.dtcc.com/downloads/legal/

rule_filings/2011/nscc/2011-01.pdf. 

NSCC states that the proposed rule 

change is consistent with the 

requirements of Section 17A of the Act 4

and the rules and regulations 

thereunder because it updates NSCC’s 

fee schedule to align the trade recording 

fee for bonds with the costs of providing 

the service and makes other technical 

changes that clarify how fees are 

calculated. NSCC asserts that the 

proposed rule change provides for the 

equitable allocation of fees among its 

members. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

NSCC does not believe that the 

proposed rule change will have any 

impact or impose any burden on 

competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

NSCC has not solicited or received 

written comments relating to the 

proposed rule change. NSCC will notify 

the Commission of any written 

comments it receives. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Sections 

19(b)(3)(A)(ii) and 19(b)(3)(A)(iii) of the 

Act 5 and Rules 19b–4(f)(2) and 19b– 

4(f)(4) 6 thereunder because it (a) effects 

a change in an existing service of a 

registered clearing agency that does not 

adversely affect the safeguarding of 

securities and funds in the custody or 

control of the clearing agency or for 

which it is responsible and does not 

significantly affect the respective rights 

or obligations of the clearing agency or 

persons using the service and (b) 

establishes or changes a due, fee, or 

other charge applicable only to a 

member. 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 rulecomment@sec.gov. Please include File 

No. SR–NSCC–2011–01 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 No. 

SR–NSCC–2011–01. 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 such filing 

also will be available for inspection and 

copying at NSCC’s principal office and 

on NSCC’s Web site at http://

www.dtcc.com/legal/rule_filings/nscc/ 

2011.php. 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. SR–NSCC– 

2011–01 and should be submitted on or 

before April 5, 2011. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–5954 Filed 3–14–11; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Reporting and Recordkeeping 

Requirements Under OMB Review 

AGENCY: Small Business Administration. 

ACTION: Notice of reporting requirements 

submitted for OMB review. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), agencies are required to 

submit proposed reporting and 

recordkeeping requirements to OMB for 

review and approval, and to publish a 

notice in the Federal Register notifying 

the public that the agency has made 

such a submission. 

DATES: Submit comments on or before 

April 14, 2011. If you intend to 

comment but cannot prepare comments 

promptly, please advise the OMB 

Reviewer and the Agency Clearance 

Officer before the deadline. 

Copies: Request for clearance (OMB 

83–1), supporting statement, and other 

documents submitted to OMB for 

review may be obtained from the 

Agency Clearance Officer. 

ADDRESSES: Address all comments 

concerning this notice to: Agency 

Clearance Officer, Jacqueline White, 

Small Business Administration, 409 3rd 

Street, SW., 5th Floor, Washington, DC 


srobinson on DSKHWCL6B1PROD with NOTICES