7646 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(2). 

5A Member is any registered broker or dealer that 

has been admitted to membership in the Exchange. 

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–2010–05 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–2010–05. 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 

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–2010–05 and should be 

submitted on or before March 15, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3331 Filed 2–19–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61508; File No. SR–BATS– 

2010–001] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Related to Fees for Use 

of BATS Exchange, Inc. 

February 5, 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 January 

29, 2010, BATS Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BATS’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II and III 

below, which Items have been prepared 

by the Exchange. BATS has designated 

the proposed rule change as one 

establishing or changing a member due, 

fee, or other charge imposed by the 

Exchange under Section 19(b)(3)(A)(ii) 

of the Act 3 and Rule 19b–4(f)(2) 

thereunder,4 which renders the 

proposed rule change 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 Exchange proposes to modify its 

fee schedule applicable to Members 5 of 

the Exchange pursuant to BATS Rules 

15.1(a) and (c). While changes to the fee 

schedule pursuant to this proposal will 

be effective upon filing, the changes will 

become operative on February 1, 2010. 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://www.batstrading.com, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

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 

Exchange 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 

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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to modify its 

fee schedule applicable to use of the 

Exchange effective February 1, 2010, in 

order to (i) implement a fee of 0.10% of 

the total dollar value for trades that 

remove liquidity in securities priced 

below $1.00; (ii) increase the fee 

charged by the Exchange for its 

‘‘CYCLE’’ and ‘‘RECYCLE’’ routing 

strategies from $0.0026 per share to 

$0.0027 per share; and (iii) amend the 

fees for certain destination specific 

routing options to continue to offer a 

‘‘one under’’ pricing model. 

(i) Charge for Removing Liquidity in 

Securities Priced Below $1.00 

The Exchange has not previously 

charged Members for transactions that 

remove liquidity from or add liquidity 

to the Exchange’s book in securities 

priced below $1.00. The Exchange 

proposes to begin charging 0.10% of the 

total dollar value of the execution for 

any security (all Tapes) priced under 

$1.00 that removes liquidity from the 

Exchange’s book. The Exchange is not 

proposing to provide a liquidity rebate 

in such securities at this time. The 

Exchange believes that a nominal fee is 

warranted for securities priced below 

$1.00 for various reasons, including that 

such transactions inevitably contribute 

to the overall infrastructure costs 

incurred by the Exchange. 

(ii) Increase in Routing Fees for 

‘‘CYCLE’’ and ‘‘RECYCLE’’ Routing 

Based on increased fees at various 

market centers to remove liquidity, the 

Exchange proposes to modify the fee 

charged by the Exchange for its 

‘‘CYCLE’’ and ‘‘RECYCLE’’ routing 

strategies from $0.0026 per share to 

$0.0027 per share. To be consistent with 

this change, the Exchange proposes to 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 7647 

6 15 U.S.C. 78f. 

7 15 U.S.C. 78f(b)(4). 

8 15 U.S.C. 78s(b)(3)(A)(ii). 

9 17 CFR 240.19b–4(f)(2). 

10The text of the proposed rule change is 

available on the Commission’s Web site at http:// 

www.sec.gov/rules/sro.shtml. 

charge 0.27%, rather than 0.26%, of the 

total dollar value of the execution for 

any security (all Tapes) priced under 

$1.00 per share that is routed away from 

the Exchange through CYCLE or 

RECYCLE. 

(iii) One Under Pricing for Destination 

Specific Orders 

The Exchange has previously 

provided a discounted price fee for 

Destination Specific Orders routed to 

certain of the largest market centers 

measured by volume (NYSE, NYSE Arca 

and NASDAQ), which, in each instance 

has been $0.0001 less per share for 

orders routed to such market centers by 

the Exchange than such market centers 

currently charge for removing liquidity 

(referred to by the Exchange as ‘‘One 

Under’’ pricing). Based on changes in 

pricing at such market centers, BATS is 

proposing various changes to its prices 

for Destination Specific Orders to align 

its fees so they are $0.0001 less per 

share for orders routed to such market 

centers as of February 1, 2010. 

Specifically, because NYSE Arca has 

eliminated the distinction in its fees 

between Tape A, B, and C securities the 

Exchange proposes to eliminate that 

same distinction for BATS + NYSE Arca 

Destination Specific Orders. Thus, the 

Exchange proposes to normalize the fee 

charged for BATS + NYSE ARCA 

Destination Specific Orders executed at 

NYSE Arca at $0.0027 per share, which 

fee is a reduction for Tape A and C 

securities from $0.0029 per share. Also, 

the Exchange proposes to continue to 

charge $0.0029 per share for BATS + 

NASDAQ Destination Specific Orders 

executed at NASDAQ in Tape A and C 

securities, but to reduce the fee to 

$0.0027 per share for BATS + NASDAQ 

Destination Specific Orders executed at 

NASDAQ in Tape B securities. Each of 

the changes described above will result 

in the Exchange charging $0.0001 less 

per share for orders routed to certain 

market centers as Destination Specific 

Orders. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder that 

are applicable to a national securities 

exchange, and, in particular, with the 

requirements of Section 6 of the Act.6

Specifically, the Exchange believes that 

the proposed rule change is consistent 

with Section 6(b)(4) of the Act,7 in that 

it provides for the equitable allocation 

of reasonable dues, fees and other 

charges among members and other 

persons using any facility or system 

which the Exchange operates or 

controls. The Exchange notes that it 

operates in a highly competitive market 

in which market participants can 

readily direct order flow to competing 

venues if they deem fee levels at a 

particular venue to be excessive. The 

Exchange believes that its fees and 

credits are competitive with those 

charged by other venues and that the 

various changes it has proposed to 

reduce its fees will benefit Members due 

to the obvious economic savings 

Members will receive. For those 

proposed changes that will result in 

increased fees charged to Members, 

such as the charge for trades that 

remove liquidity in securities below 

$1.00 and the increased fee for CYCLE 

and RECYCLE routing, the Exchange 

believes that any additional revenue it 

receives will allow the Exchange to 

devote additional capital to its 

operations, which may, in turn, benefit 

Members of the Exchange. Finally, the 

Exchange believes that the proposed 

rates are equitable in that they apply 

uniformly to all Members. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change imposes any 

burden on competition. 

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. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing proposed rule change 

has been designated as a fee change 

pursuant to Section 19(b)(3)(A)(ii) of the 

Act 8 and Rule 19b–4(f)(2) thereunder,9

because it establishes or changes a due 

fee or other charge imposed on members 

by the Exchange. Accordingly, the 

proposal is effective upon filing with 

the Commission. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

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 proposal 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 

No. SR–BATS–2010–001 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–BATS–2010–001. 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,10 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 changes 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 pm. Copies of such filing also 

will be available for inspection and 

copying at the principal office of BATS. 

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–BATS–2010–001 and should be 

submitted on or before March 15, 2010. 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
7648 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 

11 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3330 Filed 2–19–10; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Emergency Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes a new form for which we are 

requesting emergency OMB clearance. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, e-mail, or 

fax your comments and 

recommendations on the information 

collection to the OMB Desk Officer and 

the SSA Reports Clearance Officer to the 

following addresses or fax numbers. 

(OMB) Office of Management and 

Budget, Attn: Desk Officer for SSA, 

Fax: 202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 

(SSA) Social Security Administration, 

DCBFM, Attn: Reports Clearance 

Officer, 1340 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: 410–965–8783, E-mail address: 

OPLM.RCO@ssa.gov. 

SSA submitted the information 

collection below to OMB for Emergency 

Clearance. SSA is requesting Emergency 

Clearance from OMB no later than 

March 1, 2010. Individuals can obtain 

copies of the collection instrument by 

calling the SSA Reports Clearance 

Officer or by writing to the above e-mail 

address. 

Request for Accommodation in 

Communication Method—0960–NEW. 

Background 

In a recent legal action, American 

Council of the Blind, et al. v. Michael 

Astrue and Social Security 

Administration (No. C 05–04696 WHA 

(N.D. Cal.)), class plaintiffs representing 

blind or visually impaired Social 

Security applicants, beneficiaries, 

recipients, and representative payees 

challenged the adequacy of the modes of 

communication used by SSA in its 

notices and other communications. 

Prior to the district court’s order of 

October 20, 2009, in American Council 

of the Blind, SSA had offered three 

modes of communications for blind and 

visually impaired Social Security 

beneficiaries: (1) A standard print notice 

by first-class mail; (2) a standard print 

notice by first-class mail with a followup telephone call; and (3) certified mail. 

In American Council of the Blind, the 

district court required SSA to begin 

offering two new modes of 

communication to blind or visually 

impaired applicants, beneficiaries, 

recipients, and representative payees: 

Braille and Microsoft Word files (on 

data compact discs). 

Current Information Collection 

In accordance with the court order, 

beginning January 1, 2010, affected 

parties can call a designated SSA 

number and tell the agency which of the 

following five methods of 

communication they want the agency to 

use for their notices and other 

communications: (1) Standard print 

notice by first-class mail, (2) standard 

print mail with a follow-up telephone 

call, (3) certified mail, (4) Braille, or (5) 

Microsoft Word. This call did not 

require OMB clearance. 

However, there may be respondents 

who want SSA to use another 

communication method. SSA has 

created form SSA–9000, the Request for 

Accommodation in Communication 

Method, for these situations. This form 

will ask respondents to describe the 

type of accommodation they want, to 

disclose the condition they have that 

necessitates the need for a different type 

of accommodation, and to explain why 

none of the five methods described 

above are sufficient for their needs. 

Since we must make this form 

available shortly due to court-ordered 

deadlines, we are requesting emergency 

clearance. The respondents are Social 

Security applicants, beneficiaries, 

recipients, and representative payees 

who are blind or visually impaired and 

are asking SSA to send them notices and 

other communications in an alternative 

method besides the five modalities 

described in this Notice. 

Type of Request: Emergency clearance 

of a new information collection. 

Method of information collection Number of 

respondents 

Response 

time 

(minutes) 

Burden 

(hours) 

Personal interview (over the phone or in-person) ................................................................................... 2,000 10 333 

Form (taken or mailed from field office) .................................................................................................. 500 15 125 

2,500 .................... 458 

Dated: February 16, 2010. 

Faye Lipsky, 

Acting Reports Clearance Officer, Social 

Security Administration. 

[FR Doc. 2010–3304 Filed 2–19–10; 8:45 am] 

BILLING CODE 4191–02–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA 2010–0006] 

Privacy Act of 1974, as Amended; 

Computer Matching Program (SSA/ 

Department of Veterans Affairs/ 

Veterans Benefits Administration (VA/ 

VBA))—Match Number 1309 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of a renewal of an 

existing computer matching program 

that is scheduled to expire on April 1, 

2010. 

SUMMARY: In accordance with the 

provisions of the Privacy Act, as 

amended, this notice announces a 

renewal of an existing computer 

matching program that we are currently 

conducting with VA/VBA. 

DATES: We will file a report of the 

subject matching program with the 


cprice-sewell on DSK2BSOYB1PROD with NOTICES