70048 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

on the new collection of information 

summarized below. The Commission 

plans to submit this new collection of 

information to the Office of 

Management and Budget for approval. 

The Securities and Exchange 

Commission has begun the design of a 

new Electronic Data Collection System 

database (the Database) and invites 

comment on the Database that will 

support information provided by the 

general public that would like to file a 

tip or complaint with the SEC. The 

Database will be a web based e-filed 

dynamic report based on technology 

that pre-populates and establishes a 

series of questions based on the data 

that the individual enters. The 

individual will then complete specific 

information on the subject(s) and nature 

of the suspicious activity, using the data 

elements appropriate to the type of 

complaint or subject. The information 

collection is voluntary. The first phase 

of the Database is scheduled to be 

released as a pilot in December 2010. 

Any public suggestions that are received 

during the pilot phase will be reviewed 

and changes will be considered. The 

final version will be available Spring 

2011. There are no costs associated with 

this collection. It will be available using 

the agency’s Web site http:// 

www.sec.gov. Information is voluntary. 

Estimated number of annual 

responses = 25,000. 

Estimated annual reporting burden = 

12,500 hours (30 minutes per 

submission). 

Written comments are invited on: (a) 

Whether this collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden imposed 

by the collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 30 days of this 

publication. 

Background documentation for this 

new information collection may be 

viewed at the following Web site, http:// 

www.reginfo.gov. Please direct general 

comments to the following persons: (i) 

Desk Officer for the Securities and 

Exchange Commission, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington, DC 20503 or send an email to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; 

Thomas Bayer, Director/CIO, Securities 

and Exchange Commission, C/O Remi 

Pavlik-Simon, 6432 General Green Way, 

Alexandria, VA 22312; or send an email to: PRA_Mailbox@sec.gov. 

Comments must be submitted to OMB 

within 30 days of this notice. 

November 5, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–28777 Filed 11–15–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a Closed Meeting 

on Thursday, November 18, 2010 at 3 

p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Aguilar, as duty 

officer, voted to consider the items 

listed for the Closed Meeting in a closed 

session, and determined that no earlier 

notice thereof was possible. 

The subject matter of the Closed 

Meeting scheduled for Thursday, 

November 18, 2010 will be: 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings; 

Consideration of amicus participation; 

and other matters relating to 

enforcement proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

November 10, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–28924 Filed 11–12–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold its annual forum 

on small business capital formation on 

November 18, 2010 beginning at 9 a.m. 

The forum will include a panel 

discussion focusing on selected 

provisions of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act relating to securities regulation and 

small business and presentations by 

private organizations concerned with 

small business capital formation. 

The panel discussion and 

presentations will take place in the 

Auditorium of the Commission’s 

headquarters at 100 F Street, NE., 

Washington, DC and will be open to the 

public with seating on a first-come, firstserved basis. Doors will open at 8:30 

a.m. Visitors will be subject to security 

checks. 

For further information, please 

contact Anthony Barone at 202–551– 

3261. 

November 10, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–28865 Filed 11–12–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63275; File No. SR– 

NYSEArca–2010–100] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending the Applicable 

Sections of Its Schedules of Fees and 

Charges for Exchange Services for 

Both Its Equities and Options 

Platforms (the ‘‘Schedules’’) To Reflect 

Fees Charged for Co-location Services 

November 8, 2010. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 70049 

4For the purposes of this filing, the term ‘‘Users’’ 

includes any ETP Holder or Sponsored Participant 

who is authorized to obtain access to the NYSE 

Arca Marketplace pursuant to NYSE Arca Equities 

Rule 7.29 (see NYSE Arca Equities Rule 1.1(yy)), or 

any OTP Holder, OTP Firm or Sponsored 

Participant that is authorized to obtain access to OX 

pursuant to NYSE Arca Options Rule 6.2A (see 

NYSE Arca Options Rule 6.1A(a)(19)). 

5The Commission has approved proposed rule 

filings submitted by the Exchange’s affiliates, the 

New York Stock Exchange LLC, and NYSE Amex 

LLC (with respect to its equities business), to offer 

the same co-location services from the Mahwah 

data center at the same prices. See Securities 

Exchange Act Release No. 62961 (September 21, 

2010), 75 FR 59299 (September 27, 2010) (SR– 

NYSE–2010–56); Securities Exchange Act Release 

No. 62960 (September 21, 2010) 75 FR 59310 

(September 27, 2010) (SR–NYSEAmex–2010–80). 

6The Exchange will announce the effective date 

of the fees set forth in this proposed rule change 

through a notice to Users. 

7The Exchange also allows Users, for a monthly 

fee (i.e., 40% of the applicable monthly per kW fee), 

to obtain an option for future use on available, 

unused cabinet space in proximity to their existing 

cabinet space. Specifically, Users may reserve 

cabinet space of up to 30% of the cabinet space 

under contract, which the Exchange will endeavor 

to provide as close as reasonably possible to the 

User’s existing cabinet space, taking into 

consideration power availability within segments of 

the data center and the overall efficiency of use of 

data center resources as determined by the 

Exchange. (If the 30% measurement results in a 

fractional cabinet, the cabinet count is adjusted up 

to the next increment.) If reserved cabinet space 

becomes needed for use, the reserving User will 

have 30 business days to formally contract with the 

Exchange for full payment for the reserved cabinet 

space needed or the space will be reassigned. 

8As set forth below, pricing for LCN access is 

provided on a stand-alone basis and on a bundled 

basis in combination with SFTI connections and 

optic connections to outside access centers and 

within the data center. The SFTI and optic 

connections are not related to the co-location 

services. 

notice is hereby given that, on 

November 3, 2010, 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 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 amend the 

applicable sections of its Schedules of 

Fees and Charges for Exchange Services 

for both its equities and options 

platforms (the ‘‘Schedules’’) to reflect 

fees charged for co-location services as 

described more fully herein. The text of 

the proposed rule change is available at 

the Exchange, the Commission’s Public 

Reference Room, on the Commission’s 

Web site at http://www.sec.gov, 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. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

Schedules to identify fees pertaining to 

co-location services, which allow 

Users 4 of the Exchange to rent space on 

premises controlled by the Exchange in 

order that they may locate their 

electronic servers in close physical 

proximity to the Exchange’s trading and 

execution systems.5 The Exchange plans 

to offer these co-location services 

beginning in January 2011 at its data 

center in Mahwah, New Jersey.6 The 

Exchange will offer space at the data 

center in cabinets with power usage 

capability of either four or eight 

kilowatts (kW).7 In addition, the 

Exchange will offer Users services 

related to co-location, including cross 

connections, equipment and cable 

installation, and remote ‘‘hot-hands’’ 

services. 

Users that receive co-location services 

from the Exchange will not receive any 

means of access to the Exchange’s 

trading and execution systems that is 

separate from or superior to that of 

Users that do not receive co-location 

services. All orders sent to the Exchange 

enter the Exchange’s trading and 

execution systems through the same 

order gateway regardless of whether the 

sender is co-located in the Exchange’s 

data center or not. In addition, colocated Users do not receive any market 

data or data service product that is not 

available to all Users. However, Users 

that receive co-location services 

normally would expect reduced 

latencies in sending orders to the 

Exchange and receiving market data 

from the Exchange. In addition, colocated Users have the option of 

obtaining access to the Exchange’s 

Liquidity Center Network (‘‘LCN’’), a 

local area network available in the data 

center.8 Co-located Users have the 

option of using either the LCN or the 

Exchange’s Secure Financial 

Transaction Infrastructure (‘‘SFTI’’) 

network, to which all Users have access. 

Because it operates as a local area 

network within the data center, the LCN 

provides reduced latencies in 

comparison with SFTI. Other than the 

reduced latencies, the Exchange 

believes that there are no material 

differences in terms of access to the 

Exchange between Users that choose to 

co-locate and those that do not. SFTI 

and LCN both provide Users with access 

to the Exchange’s trading and execution 

systems and to the Exchange’s 

proprietary market data products. User 

access to non-proprietary market data 

products is available through SFTI and 

not through LCN. 

The Exchange offers co-location space 

based on availability and the Exchange 

believes that it has sufficient space in 

the Mahwah data center to 

accommodate current demand on an 

equitable basis for the foreseeable 

future. In addition, the Exchange 

believes that any difference among the 

positions of the cabinets within the data 

center does not create any material 

difference to co-location Users in terms 

of access to the Exchange. 

The following charts identify the 

proposed tiered fees for co-location and 

the proposed fees for related services. 

Initial fee per cabinet $5,000 

Number of kWs Per kW fee monthly 

4–8 ........................................................................................................................... $1,200 

12-20 ........................................................................................................................ $1,050 

24-40 ........................................................................................................................ $950 

44 + .......................................................................................................................... $900 

mstockstill on DSKH9S0YB1PROD with NOTICES

70050 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

Type of service Description Amount of charge 

LCN Access ........................................................................................ 1 GB Circuit ................................................... $6,000 per connection initial charge plus $5,000 

monthly per connection. 

LCN Access ........................................................................................ 10 GB Circuit ................................................. $10,000 per connection. 

Bundled Network Access, Option 1 (2 LCN connections, 2 SFTI 

connections, and 2 optic connections to outside access center).

1 GB Bundle ..................................................

10 GB Bundle ................................................

$25,000 initial charge plus 

$13,000 monthly charge. 

$50,000 initial charge plus 

$47,000 monthly charge. 

Bundled Network Access, Option 2 (2 LCN connections, 2 SFTI 

connections, 1 optic connection to outside access center, and 1 

optic connection in data center).

1 GB Bundle ..................................................

10 GB Bundle ................................................

$26,000 initial charge plus 

$16,000 monthly charge. 

$50,000 initial charge plus 

$54,250 monthly charge. 

Bundled Network Access, Option 3 (2 LCN Connections, 2 SFTI 

connections, and 2 optic connections in data center).

1 GB Bundle ..................................................

10 GB Bundle ................................................

$27,500 initial charge plus 

$19,000 monthly charge. 

$50,000 initial charge plus 

$61,500 monthly charge. 

Data Center Fiber Cross Connect ...................................................... Cross connect between a single User’s cabinets within the data center.$500 per unit initial charge 

plus $500 monthly per 

unit. 

Initial Install Services (Required per cabinet) ..................................... Includes initial racking of equipment in cabinet and provision of up to 10 cables (4 

hrs).

$800 per cabinet. 

Hot Hands Service: Normal Business Hours, Scheduled (Note: Hot 

Hands Service allows Users to use on-site data center personnel 

to maintain User equipment.).

Applies on non-NYSE Arca holidays, Monday to Friday, 9am to 5pm if scheduled at 

least 1 day in advance.

$200 per hour. 

Hot Hands Service: Extended Business Hours, Scheduled .............. Applies Monday to Friday 5pm to 9am, 

NYSE Arca holidays, and weekends if 

scheduled at least 1 day in advance.

$275 per hour. 

Hot Hands Service: Normal Business Hours, Expedited ................... Applies on non-NYSE Arca holidays, Monday to Friday, 9am to 5pm if NOT scheduled at least 1 day in advance.$250 per hour. 

Hot Hands Service: Extended Business Hours, Expedited ............... Applies Monday to Friday 5pm to 9am, 

NYSE Arca holidays, and weekends if 

NOT scheduled at least 1 day in advance.

$325 per hour. 

Rack and Stack .................................................................................. Installation of one server in User’s cabinet. 

Service encompasses handling, unpacking, tagging, and installation of the server 

as well as 1 network connection within the 

User rack.

$200 per server. 

Power Recycling ................................................................................. Reboot of power on one server or switch as 

well as observing and reporting on the 

status of the reboot back to the User.

$50 per reset. 

Shipping and Receiving ...................................................................... Receipt of one shipment of goods at data 

center from User/supplier. Includes coordination of shipping and receiving.

$100 per shipment. 

Badge Request ................................................................................... Request for provision of a permanent data 

center site access badge for a User representative.

$50 per badge. 

External Cabinet Cable Tray .............................................................. Engineer, furnish and install Rittal 5′H x 

12′W cable tray on cabinet.

$400 per tray. 

Custom External Cabinet Cable Tray ................................................. Engineer, furnish and install 4′′ H x 24′′ W 

custom basket cable tray above client’s 

cabinet rows.

$100 per linear foot. 

Install and Document Cable ............................................................... Labor charges to install and document the 

fitting of a cable(s) in a User’s cabinet(s) 

in excess of the 10 copper cables included in the cabinet installation fee.

$200 per hour. 

Equipment Maintenance Call Escalation ............................................ Hardware maintenance-break fix services 

available through NYSE Arca arrangement with Delta Computer Group.

$100 per call. 

Visitor Security Escort ........................................................................ NYSE Arca employee escort, which is required during User visits to the data center. (Note: all User representatives are required to have a visitor security escort 

during visits to the data center, including 

User representatives who have a permanent data center site access badge.).

$75 per hour. 

Technician Support Service-Non Emergency .................................... Network technician equipped to support 

User network troubleshooting activity and 

to provide all necessary testing instruments to support the User request. Prior 

day notice is required.

$200 per hour. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 70051 

9 15 U.S.C. 78f(b). 

10 15 U.S.C. 78f(b)(4) and 15 U.S.C. 78f(b)(5). 

11 15 U.S.C. 78s(b)(3)(A)(iii). 

12 17 CFR 240.19b–4(f)(6). 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 Commission notes that the 

Exchange satisfied this five-day pre-filing 

requirement. 

13For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

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

Type of service Description Amount of charge 

Technician Support Service-Emergency ............................................ Network technician equipped to support 

User network troubleshooting activity and 

to provide all necessary testing instruments to support the User request. Two 

hour notice is required.

$325 per hour. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),9 in general, and Sections 6(b)(4) 

and 6(b)(5), of the Act,10 in particular, 

in that it is designed to (i) provide for 

the equitable allocation of reasonable 

dues, fees, and other charges among its 

members and other persons using its 

facilities, and (ii) 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. The Exchange believes that the 

proposed changes to the Schedules are 

equitable in that they apply fees for 

comparable co-location services 

uniformly to our Users. Moreover, the 

Exchange believes that, as described 

herein, access to its market is offered on 

fair and non-discriminatory terms. 

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 11 and Rule 

19b–4(f)(6) thereunder.12 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. 

The Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest. The 

Commission notes that the co-location 

fees sought to be codified here are based 

on filings by the Exchange’s affiliates, 

the New York Stock Exchange LLC and 

NYSE Amex LLC, which have already 

been approved by the Commission, and 

that accelerated approval of the colocation fees will ensure that the colocation services and fees are made 

available to all interested parties 

without delay. For this reason, the 

Commission designates the proposed 

rule change as operative upon filing.13

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–NYSEArca-2010–100 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–2010–100. 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 website 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 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–2010–100 and should be 

submitted on or before December 7, 

2010. 

mstockstill on DSKH9S0YB1PROD with NOTICES

70052 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See, e.g., Securities Exchange Act Release No. 

27967 (May 1, 1990), 55 FR 19124 (May 8, 1990) 

(approving File No. SR–NYSE–89–22, Series 17); 

Securities Exchange Act Release No. 36629, 

International Series Release No. 909 (Dec. 21, 1995), 

60 FR 67385, corrected, Securities Exchange Act 

Release No. 36629A, International Series Release 

No. 909A (Jan. 4, 1996), 61 FR 744 (Jan. 10, 1996) 

(approving File No. SR–NYSE–95–29, Series 37 and 

Series 38); Securities Exchange Act Release No. 

36825 (Feb. 9, 1996), 61 FR 6052 (approving File 

No. SR–NASD–96–04, Series 37 and 38); Securities 

Exchange Act Release No. 38274 (February 12, 

1997), 62 FR 7485 (approving File No. SR–CBOE– 

97–04, Series 17, 37 and 38); Securities Exchange 

Act Release No. 38921 (August 11, 1997), 62 FR 

44023 (approving File No. SR–AMEX–97–26, Series 

17, 37 and 38); see also NASD Rule 1032(a)(2)(B) 

and (C); NASDAQ Rule 1032(a)(2)(B) and (C); 

Securities Exchange Act Release No. 59292 (January 

23, 2009), 74 FR 5690 (January 30, 2009) (approving 

File No. SR–BATS–2009–003). 

4The Exchange notes that the U.K. (Series 17) and 

Canada (Series 37/38) represent foreign 

examination modules that allow persons in good 

standing with the securities regulators of their 

respective countries to qualify as general securities 

registered representatives (equivalent to Series 7 

registrants) by successfully completing certain 

modified general securities representative 

examinations which were developed, along with 

others for other foreign jurisdictions, by the New 

York Stock Exchange (‘‘NYSE’’) more than 10 years 

ago. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–28691 Filed 11–15–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63284; File No. SR–EDGX– 

2010–15] 

Self-Regulatory Organizations; EDGX 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend EDGX Rules 

2.5 and 11.4 To Permit Qualification 

and Registration of Authorized Traders 

of Members Pursuant to Certain 

Foreign Examination Modules 

Equivalent to the Series 7 Examination 

November 9, 2010. 

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 October 

27, 2010, the EDGX Exchange, Inc. (the 

‘‘Exchange’’ or the ‘‘EDGX’’) 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 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 amend 

Rules 2.5 and 11.4 to permit 

qualification and registration of 

Authorized Traders of Members 

pursuant to certain foreign examination 

modules equivalent to the Series 7 

examination. The Exchange also 

proposes to make a technical 

amendment to Rule 2.3. The text of the 

proposed rule change is available on the 

Exchange’s Web site at http:// 

www.directedge.com, at the 

Commission’s Web site at http:// 

www.sec.gov, at the Exchange’s 

principal office, and at the Public 

Reference Room of the Commission. 

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 these statements may be examined at 

the places specified in Item IV below. 

The self-regulatory organization 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 

Exchange Rules 2.5 and 11.4 both 

state that the Series 7 is required for 

registration with the Exchange as an 

Authorized Trader. The purpose of the 

proposed rule change is to expand the 

types of exams that may satisfy the 

Exchange’s Series 7 requirement by 

recognizing foreign examination 

modules equivalent to the Series 7 

examination. 

The proposal would reduce 

duplicative qualification standards that 

foreign registered representatives 

encounter to qualify as a U.S. general 

securities registered representative. For 

example, the examination modules for 

the U.K. (Series 17) and Canada (Series 

37/38) currently are accepted as 

equivalent to the U.S. Series 7 by the 

NYSE, the Financial Industry 

Regulatory Authority (‘‘FINRA’’), the 

NASDAQ Stock Market, NYSE 

AlterNext US [sic], NYSE Arca, the 

Chicago Board Options Exchange 

(‘‘CBOE’’), and the BATS Exchange, Inc. 

(‘‘BATS’’).3

The Series 17 version, the United 

Kingdom—Limited General Securities 

Registered Representative Examination, 

is for U.K. registrants who have 

successfully completed the basic exam 

of the U.K. and who are in good 

standing with the Financial Services 

Authority (‘‘FSA’’). Essentially, this 

modified Series 7 examination deletes 

those substantive sections of the 

standard Series 7 that overlap with the 

FSA examination. The Series 17 is a 100 

question examination, is 120 minutes in 

duration, and deals with U.S. securities 

laws, regulations, sales practices and 

special products drawn from the 

standard Series 7 examination. 

The Series 37 version is for Canadian 

registrants who have successfully 

completed the basic core module of the 

CSI Global Education (‘‘CSI’’, formerly 

the Canadian Securities Institute) 

program. The Series 38 version is for 

Canadian registrants who, in addition to 

having successfully completed the basic 

core module of the CSI program, have 

also successfully completed the 

Canadian option and futures program. 

Both the Series 37 and 38 share topics 

and test questions with the parent Series 

7 program but cover only subject matter 

that is not covered, or not covered in 

sufficient detail, on the Canadian 

qualification examination. The Series 37 

has 90 questions and is 150 minutes in 

duration, while the Series 38, an 

abbreviated version of the series 37, has 

only 45 questions and is 75 minutes in 

duration. Forty-five questions pertaining 

to options from the series 37 were 

omitted from the Series 38. 

The Exchange wishes to give U.K. and 

Canadian registered representatives the 

same advantage they have at other 

exchanges by eliminating duplicative 

examinations. The Exchange believes 

that acceptance of these examinations 

will benefit both the Exchange and the 

foreign representatives affected by the 

proposal. Accordingly, pursuant to the 

amended rules, as proposed, the 

Exchange would approve the 

examination modules for the U.K. 

(Series 17) and Canada (Series 37/38) as 

equivalent foreign examination 

modules.4 The Exchange has added 

Interpretation .05 to Rule 2.5 to define 

mstockstill on DSKH9S0YB1PROD with NOTICES