Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 21083 

13 15 U.S.C. 78f(b). 

14 15 U.S.C. 78f(b)(5). 

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

16 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6) requires a self-regulatory organization to 

give the Commission written notice of its intent to 

file 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. 

17 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 63981 

(February 25, 2011), 76 FR 12180 (March 4, 2011) 

(‘‘Notice’’). 

may be established by the Exchange 

from time to time. The current rule 

requirement that such reconciliation 

report shall be filed with the Exchange 

prior to such cut-off hour as the 

Exchange may prescribe and shall be 

binding on the clearing member on 

whose behalf it is filed is not changed. 

The Exchange believes that the 

proposed Rule 1054 changes not only 

deletes obsolete provisions and updates 

the rule but also brings the rule into 

conformity with current options trading 

practices. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 13 in general, and furthers the 

objectives of Section 6(b)(5) of the Act 14

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 

mechanisms of a free and open market 

and a national market system, by 

deleting obsolete provisions and 

updating and modernizing its 

Regulation 6 regarding the Exchange’s 

Dress Code and Rule 1054 regarding 

verification and reconciliation of 

options trades. 

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 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 either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange believes that the 

foregoing proposed rule change may 

take effect upon filing with the 

Commission pursuant to Section 

19(b)(3)(A) 15 of the Act and Rule 19b– 

4(f)(6)(iii) thereunder 16 because the 

foregoing 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 for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate. 

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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

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–Phlx–2011–48 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–Phlx–2011–48. 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. 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 

available publicly. All submissions 

should refer to File Number SR–Phlx– 

2011–48 and should be submitted on or 

before May 5, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Cathy Ahn, 

Deputy Secretary. 

[FR Doc. 2011–9061 Filed 4–13–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64276; File No. SR–Phlx– 

2011–13] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Designation of a Longer Period for 

Commission Action on a Proposed 

Rule Change Relating to Amendments 

to NASDAQ OMX PHLX LLC’s Limited 

Liability Company Agreement, ByLaws, Rules, Advices and Regulations 

April 8, 2011. 

I. Introduction 

On February 16, 2011, NASDAQ OMX 

PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to amend the Exchange’s 

Limited Liability Company Agreement, 

By-Laws, Rules, Advices and 

Regulations to alter its governance 

process and to make other nonsubstantive conforming changes. The 

proposed rule change was published for 

comment in the Federal Register on 

March 4, 2011.3 The Commission 

received no comment letters regarding 

the proposal. 

mstockstill on DSKH9S0YB1PROD with NOTICES

21084 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 

4 15 U.S.C. 78s(b)(2). 

5 15 U.S.C. 78s(b)(2)(A)(ii)(I). 

6 17 CFR 200.30–3(a)(31). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 64075 

(March 11, 2011), 76 FR 14702 (‘‘Notice’’). 

4 15 U.S.C. 78s(b)(1). 

5 15 U.S.C. 78s(b)(2)(A)(ii)(I). 

6 17 CFR 200.30–3(a)(31). 

1 15 U.S.C. 78s(b)(2). 

2 17 CFR 240.19b–4. 

3On February 22, 2010, the Commission 

approved a proposed rule change that amends the 

FINRA Rule 6700 Series to define Asset-Backed 

Securities as TRACE-Eligible Securities and to 

require members to report transactions in such 

securities to TRACE, and, concomitantly, FINRA 

Rule 7730, to establish reporting fees for 

transactions in such securities. See Securities 

Exchange Act Release No. 61566 (February 22, 

2010), 75 FR 9262 (March 1, 2010) (Order 

Approving File No. SR–FINRA–2009–065) (‘‘TRACE 

ABS filing’’) and Regulatory Notice 10–23 (April 

2010). The rule amendments in the TRACE ABS 

filing currently are anticipated to become effective 

on May 16, 2011. See Securities Exchange Act 

Release No. 63223 (November 1, 2010), 75 FR 68654 

(November 8, 2010) (Notice of Filing and Immediate 

Effectiveness of SR–FINRA–2010–054 to Extend the 

Implementation Period for SR–FINRA–2009–065); 

Regulatory Notice 10–55 (October 2010) 

(establishing May 16, 2011 as the effective date). 

4See Securities Exchange Act Release No. 64084 

(March 16, 2011), 76 FR 15352 (‘‘Notice’’). 

5 15 U.S.C. 78s(b)(1). 

Section 19(b)(2) of the Act 4 provides 

that within 45 days of the publication of 

notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day for this filing 

is April 18, 2011. 

The Commission is hereby extending 

the 45-day period for Commission 

action on the proposed rule change. The 

Commission finds that it is appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change. In particular, the extension 

of time will ensure that the Commission 

has sufficient time to consider and take 

action on the Exchange’s proposal. 

Accordingly, pursuant to Section 

19(b)(2)(A)(ii)(I) of the Act 5 and for the 

reasons stated above, the Commission 

designates June 2, 2011, as the date by 

which the Commission should either 

approve or disapprove, or institute 

proceedings to determine whether to 

disapprove, the proposed rule change 

File No. SR–Phlx–2011–13. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–9046 Filed 4–13–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64282; File No. SR–Phlx– 

2011–28] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Designation of a Longer Period for 

Commission Action on a Proposed 

Rule Change To Expand the Number of 

Components in the PHLX Oil Service 

SectorSM Known as OSXSM, on Which 

Options Are Listed and Traded 

April 8, 2011. 

I. Introduction 

On March 2, 2011, NASDAQ OMX 

PHLX LLC (the ‘‘Exchange’’ or ‘‘Phlx’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

Exchange Act of 1934 (‘‘Act’’)1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to expand the number of 

components in the PHLX Oil Service 

SectorSM (the ‘‘Index’’ or ‘‘OSX’’SM) and 

to change the Index weighting 

methodology. The proposed rule change 

was published for comment in the 

Federal Register on March 17, 2011.3

The Commission received no comments 

on the proposal. 

Section 19(b)(2) of the Act 4 provides 

that within 45 days of the publication of 

notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day for this filing 

is May 1, 2011. 

The Commission is hereby extending 

the 45-day period for Commission 

action on the proposed rule change. The 

Commission finds that it is appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change so that it has sufficient time 

to consider the proposed rule change, 

which relates to the addition of 

components to the Index and a change 

to the Index weighting methodology. 

Accordingly, pursuant to Section 

19(b)(2)(A)(ii)(I) of the Act 5 and for the 

reason stated above, the Commission 

designates June 15, 2011, as the date by 

which the Commission should either 

approve or disapprove, or institute 

proceedings to determine whether to 

disapprove, the proposed rule change 

File No. SR–Phlx–2011–28. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–9047 Filed 4–13–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64283; File No. SR–FINRA– 

2011–012] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Designation 

of a Longer Period for Commission 

Action on Proposed Rule Change 

Relating to TRACE Reporting of AssetBacked Securities 

April 8, 2011. 

I. Introduction 

On March 3, 2011, the Financial 

Industry Regulatory Authority, Inc. 

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

Exchange Commission (‘‘Commission’’), 

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

Securities Exchange Act of 1934 

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

proposed rule change that would amend 

the FINRA Rule 6700 Series and FINRA 

Rule 7730 to prepare for the reporting of 

Asset-Backed Securities transactions to 

TRACE.3 The proposed rule change was 

published for comment in the Federal 

Register on March 21, 2011.4

Section 19(b)(2) of the Act 5 provides 

that, within 45 days of the publication 

of notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day for this filing 

is May 5, 2011. 

mstockstill on DSKH9S0YB1PROD with NOTICES