Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 47629 

1Each Participant executed the proposed 

amendment. The Participants are the American 

Stock Exchange LLC (n/k/a NYSE Alternext US 

LLC); Boston Stock Exchange, Inc. (n/k/a NASDAQ 

OMX BX, Inc.); Chicago Board Options Exchange, 

Incorporated; Chicago Stock Exchange, Inc.; 

Financial Industry Regulatory Authority, Inc., 

International Securities Exchange, LLC; The 

NASDAQ Stock Market LLC (‘‘Nasdaq’’); National 

Stock Exchange, Inc.; New York Stock Exchange 

LLC (‘‘NYSE’’); NYSE Arca, Inc.; and Philadelphia 

Stock Exchange, Inc. (n/k/a NASDAQ OMX PHLX, 

Inc.). 

2 15 U.S.C. 78k-1. 

3 17 CFR 242.608. 

4The proposal was originally submitted on June 

19, 2008, however the exhibits did not reflect the 

plan language accurately. It was refiled on June 7, 

2009 with appropriate exhibits. 

5See Securities Exchange Act Release No. 60154 

(June 19, 2009), 74 FR 31076 (‘‘Notice’’). 

6Enterprise Cap found in Schedule A–1 of 

Exhibit E to the CTA Plan. 

7 In approving this amendment, the Commission 

has considered the proposed amendment’s impact 

on efficiency, competition, and capital formation. 

15 U.S.C. 78c(f). 

8 17 CFR 242.608 (b)(2). 

9 15 U.S.C. 78k–1(a)(1)(C)(iii). 

10 15 U.S.C. 78k–1. 

11 17 CFR 200.30–3(a)(27). 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–22264 Filed 9–15–09; 8:45 am] 

BILLING CODE 8010–01–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 hold a 

roundtable about securities lending and 

short sale issues on September 29 and 

September 30, 2009. 

The roundtable discussion will be 

held in the auditorium at SEC 

headquarters at 100 F Street, NE., in 

Washington, DC. On September 29, the 

roundtable will focus on securities 

lending issues and take place from 9:30 

a.m. to approximately 4 p.m. On 

September 30, the roundtable will focus 

on short sale pre-borrowing and 

additional short sale disclosures and 

take place from 9:30 a.m. to 

approximately 12:30 p.m. 

The roundtable will be open to the 

public with seating on a first-come, firstserved basis. Visitors will be subject to 

security checks. 

For further information, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: September 14, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–22431 Filed 9–14–09; 4:15 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60639; File No. SR–CTA– 

2008–01] 

Consolidated Tape Association; Order 

Approving the Eleventh Charges 

Amendment to the Second 

Restatement of the Consolidated Tape 

Association Plan To Waive the 

Automatic Annual Increase in the 

Enterprise Cap for 2008 

September 9, 2009. 

I. Introduction 

On June 7, 2009, the Consolidated 

Tape Association (‘‘CTA’’) Plan 

Participants (‘‘Participants’’) 1 filed with 

the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

pursuant to Section 11A of the 

Securities Exchange Act of 1934 

(‘‘Act’’),2 and Rule 608 thereunder,3 a 

proposal to amend the Second 

Restatement of the CTA Plan (the 

‘‘Plan’’) 4 to waive the automatic annual 

increase in the enterprise cap for 2008. 

The proposed Plan amendment was 

published for comment in the Federal 

Register on June 29, 2009.5 No comment 

letters were received in response to the 

Notice. This order approves the 

proposed Plan amendment. 

II. Description of the Proposal 

The Plan currently caps the maximum 

monthly charge that a broker-dealer is 

required to pay in respect of the 

aggregate amount of: (1) Network A 

display-device charges for devices that 

the broker-dealer’s officers, partners and 

employees use; plus (2) Network A 

display-device and per-quote-packet 

charges that the broker-dealer pays in 

respect of services that it provides to 

nonprofessional subscribers that are 

brokerage account customers of the 

broker-dealer (‘‘Enterprise Cap’’).6

Footnote 5 to Schedule A–1 of Exhibit 

E to the CTA Plan subjects the 

Enterprise Cap to an automatic annual 

increase. The automatic annual increase 

is equal to ‘‘the percentage increase in 

the annual composite share volume for 

the preceding calendar year, subject to 

a maximum annual increase of five 

percent.’’ 

Through this amendment, the 

Participants proposed to amend the 

CTA Plan to waive the automatic annual 

increase in the Enterprise Cap for 2008. 

As a result, the monthly fee will remain 

at $660,000 for 2008, the same amount 

as for 2007. The waiver applies to the 

Enterprise Cap only, and not to the 

‘‘Television Ticker Maximum,’’ also set 

forth in Footnote 6 to Schedule A–1 of 

Exhibit E to the CTA Plan. The 

amendment also proposed to update 

Footnote 6 by applying the automatic 

annual increase to the ‘‘Television 

Ticker Maximum,’’ by bringing that 

monthly fee to $157,000 for 2008. 

III. Discussion 

After careful review, the Commission 

finds that the proposed CTA Plan 

amendment is consistent with the Act 

and the rules and regulations 

thereunder.7 Specifically, the 

Commission finds that the amendment 

is consistent with Rule 608(b)(2) 8 of the 

Act in that it is necessary for the 

protection of investors, the maintenance 

of fair and orderly markets, and to 

remove impediments to a national 

market system. The proposed 

amendment would reduce the amount 

of fees paid by some entities which 

should result in a reduction of costs for 

investors. Thus, the proposed 

amendment is consistent with, and 

would further, one of the principal 

objectives for the national market 

system set forth in Section 

11A(a)(1)(C)(iii) 9 of the Act—increasing 

the availability of market information to 

broker-dealers and investors. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 11A of the Act,10 and the rules 

thereunder, that the proposed 

amendment to the CTA Plan (SR–CTA– 

2008–01) is approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–22244 Filed 9–15–09; 8:45 am] 

BILLING CODE 8010–01–P 


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