54210 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 

26 15 U.S.C. 78s(b)(3)(A)(ii). 

27 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 Exchange has satisfied this 

requirement. 

28 17 CFR 240.19b–4(f)(6). 

29 17 CFR 240.19b–4(f)(6)(iii). 

30For 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). 

31See SR–PHLX–2010–104 at Item 7. 

32See supra note 4 and accompanying text, and 

discussion in Section II.A.1. 33 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

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

5See Securities Exchange Act Release No. 62341 

(June 21, 2010), 75 FR 36756 (June 28, 2010). 

6FINRA submitted through the Commission’s 

Electronic Form 19b–4 Filing System an extension 

of time period for Commission action through 

August 16, 2010. 

7See Securities Exchange Act Release No. 62729 

(August 16, 2010), 75 FR 52384 (August 25, 2010). 

19(b)(3)(A)(ii) of the Act 26 and Rule 

19b–4(f)(6) 27 thereunder. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 28 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),29 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest.30 The 

Exchange represents that the proposal 

‘‘does not impact either the members of 

NASDAQ OMX PHLX, Inc. or the 

public’’ and only ‘‘impacts the 

administrative functions of the 

Exchange.’’ 31 Additionally, the 

Commission notes that the Exchange 

represents that the proposed Certificate 

of Formation, LLC Agreement, and ByLaws reflect all of the current rights and 

obligations of the members and owners 

of the Exchange, and that the proposed 

LLC Agreement is consistent in form 

and scope with the limited liability 

company agreement of another selfregulatory organization previously 

approved by the Commission.32

Accordingly, the Commission waives 

the 30-day operative delay requirement 

and designates the proposed rule change 

to be operative on September 1, 2010. 

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–Phlx–2010–104 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–2010–104. 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 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– 

2010–104 and should be submitted on 

or before September 24, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.33

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22023 Filed 9–2–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62798; File No. SR–FINRA– 

2010–032] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Designation 

of a Longer Period for Commission 

Action on Proposed Rule Change 

Relating to Clearly Erroneous 

Transactions 

August 30, 2010. 

On June 17, 2010, the Financial 

Industry Regulatory Authority, Inc. 

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

Exchange Commission (‘‘Commission’’), 

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

Securities Exchange Act of 1934 

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

proposed rule change to amend its rules 

to set forth clearer standards and curtail 

its discretion with respect to breaking 

erroneous trades. 

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

that within thirty-five days of the 

publication of notice of the filing of a 

proposed rule change, or within such 

longer period as the Commission may 

designate up to ninety days of such date 

if it finds such longer period to be 

appropriate and publishes its reasons 

for so finding, the Commission shall 

either approve the proposed rule change 

or institute proceedings to determine 

whether the proposed rule change 

should be disapproved. The 35th day for 

this filing was August 2, 2010.5 The 

Commission had received an extension 

of time from FINRA until August 16, 

2010.6 The Commission extended this 

time period until August 30, 2010.7 The 

Commission is again extending this time 

period. 

The Commission finds it appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change so that it has sufficient time 

to consider this proposed rule change, 

relating to the amendment of clearly 

erroneous execution rules to provide 

greater transparency and certainty to the 

process of breaking trades, and the 

comment letters that have been 

submitted in connection with the filing. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 54211 

8 15 U.S.C. 78s(b)(2). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

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

5See Securities Exchange Act Release Nos. 62330 

(June 21, 2010), 75 FR 36725 (June 28, 2010); 62331 

(June 21, 2010), 75 FR 36746 (June 28, 2010); 62332 

(June 21, 2010), 75 FR 36749 (June 28, 2010); 62333 

(June 21, 2010), 75 FR 36759 (June 28, 2010); 62334 

(June 21, 2010), 75 FR 36732 (June 28, 2010); 62336 

(June 21, 2010), 75 FR 36743 (June 28, 2010); 62337 

(June 21, 2010), 75 FR 36739 (June 28, 2010); 62338 

(June 21, 2010), 75 FR 36762 (June 28, 2010); 62339 

(June 21, 2010), 75 FR 36765 (June 28, 2010); 62340 

(June 21, 2010), 75 FR 36768 (June 28, 2010); and 

62342 (June 21, 2010), 75 FR 36752 (June 28, 2010). 

6See Securities Exchange Act Release No. 62335 

(June 21, 2010), 75 FR 37494 (June 29, 2010). 

7The Exchanges submitted through the 

Commission’s Electronic Form 19b–4 Filing System 

extensions of the time period for Commission 

action through August 16, 2010. 

8See Securities Exchange Act Release No. 62730 

(August 16, 2010), 75 FR 52383 (August 25, 2010). 

9 15 U.S.C. 78s(b)(2). 

Accordingly, the Commission, 

pursuant to Section 19(b)(2) of the Act,8

designates September 10, 2010, as the 

date by which the Commission should 

either approve or institute proceedings 

to determine whether to disapprove the 

proposed rule change. 

By the Commission. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22029 Filed 9–2–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62797; File Nos. SR–BATS– 

2010–016; SR–BX–2010–040; SR–CBOE– 

2010–056; SR–CHX–2010–13; SR–EDGA– 

2010–03; SR–EDGX–2010–03; SR–ISE– 

2010–62; SR–NASDAQ–2010–076; SR–NSX– 

2010–07; SR–NYSE–2010–47; SR– 

NYSEAmex–2010–60; SR–NYSEArca–2010– 

58] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; NASDAQ OMX BX, 

Inc.; Chicago Board Options 

Exchange, Incorporated; Chicago 

Stock Exchange, Inc.; EDGA 

Exchange, Inc.; EDGX Exchange, Inc.; 

International Securities Exchange LLC; 

The NASDAQ Stock Market LLC; 

National Stock Exchange, Inc.; New 

York Stock Exchange LLC; NYSE 

Amex LLC; NYSE Arca, Inc.; Notice of 

Designation of a Longer Period for 

Commission Action on Proposed Rule 

Changes Relating to Clearly Erroneous 

Transactions 

August 30, 2010. 

On June 17, 2010, each of BATS 

Exchange, Inc. (‘‘BATS’’), NASDAQ 

OMX BX, Inc. (‘‘BX’’), Chicago Board 

Options Exchange, Incorporated 

(‘‘CBOE’’), Chicago Stock Exchange, Inc. 

(‘‘CHX’’), EDGA Exchange, Inc. 

(‘‘EDGA’’), EDGX Exchange, Inc. 

(‘‘EDGX’’), International Securities 

Exchange LLC (‘‘ISE’’), The NASDAQ 

Stock Market LLC (‘‘Nasdaq’’), National 

Stock Exchange, Inc. (‘‘NSX’’), New York 

Stock Exchange LLC (‘‘NYSE’’), NYSE 

Amex LLC (‘‘NYSE Amex’’), and NYSE 

Arca, Inc. (‘‘NYSE Arca’’) (collectively, 

the ‘‘Exchanges’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) 1 of the Securities Exchange Act 

of 1934 (‘‘Act’’),2 and Rule 19b–4 

thereunder,3 proposed rule changes to 

amend certain of their respective rules 

to set forth clearer standards and curtail 

their discretion with respect to breaking 

erroneous trades. 

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

that within thirty-five days of the 

publication of notice of the filing of a 

proposed rule change, or within such 

longer period as the Commission may 

designate up to ninety days of such date 

if it finds such longer period to be 

appropriate and publishes its reasons 

for so finding, the Commission shall 

either approve the proposed rule change 

or institute proceedings to determine 

whether the proposed rule change 

should be disapproved. The 35th day for 

the filings submitted by BATS, BX, 

CBOE, CHX, EDGA, EDGX, ISE, Nasdaq, 

NSX, NYSE, and NYSE Amex, was 

August 2, 2010.5 The 35th day for the 

filing submitted by NYSE Arca was 

August 3, 2010.6 The Commission had 

received an extension of time from the 

Exchanges until August 16, 2010.7 The 

Commission extended this time period 

until August 30, 2010.8 The 

Commission is again extending this time 

period. 

The Commission finds it appropriate 

to designate a longer period within 

which to take action on the proposed 

rule changes so that it has sufficient 

time to consider these proposed rule 

changes, relating to the amendment of 

clearly erroneous execution rules to 

provide greater transparency and 

certainty to the process of breaking 

trades, and the comment letters that 

have been submitted in connection with 

these filings. 

Accordingly, the Commission, 

pursuant to Section 19(b)(2) of the Act,9

designates September 10, 2010, as the 

date by which the Commission should 

either approve or institute proceedings 

to determine whether to disapprove the 

proposed rule changes. 

By the Commission. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22024 Filed 9–2–10; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Request and 

Comment 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 revisions and extensions of 

OMB-approved information collections. 

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(s) to the OMB Desk Officer 

and 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. 1333 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235. 

Fax: 410–965–6400. E-mail address: 

OPLM.RCO@ssa.gov. 

I. The information collections below 

are pending at SSA. SSA will submit 

them to OMB within 60 days from the 

date of this notice. To be sure we 

consider your comments, we must 

receive them no later than November 2, 

2010. Individuals can obtain copies of 

the collection instruments by calling the 

SSA Reports Clearance Officer at 410– 

965–8783 or by writing to the above 

e-mail address. 

1. Modified Benefit Formula 

Questionnaire-Employer—20 CFR 401 & 

402—0960–0477. SSA collects 

information on Form SSA–58 to verify 

the claimant’s allegations on Form SSA– 

150 (OMB #0960–0395, Modified 

Benefits Formula Questionnaire). SSA 

uses the SSA–58 to determine if the 

modified benefit formula is applicable 

and when to apply it to a person’s 

benefit. SSA sends Form SSA–58 to an 


srobinson on DSKHWCL6B1PROD with NOTICES