Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 55381 

1 15 U.S.C. 78k–1. 

2 17 CFR 242.608. 

3 17 CFR 242.605. On April 12, 2001, the 

Commission approved a national market system 

plan for the purpose of establishing procedures for 

market centers to follow in making their monthly 

reports available to the public under Rule 11Ac1– 

5 under the Act (n/k/a Rule 605 of Regulation 

NMS). See Securities Exchange Act Release No. 

44177 (April 12, 2001), 66 FR 19814 (April 17, 

2001). 

4See Securities Exchange Act Release No. 61824 

(April 1, 2010), 75 FR 18246 (April 9, 2010). 

5 15 U.S.C. 78k–1. 

6 17 CFR 242.608. 

7 15 U.S.C. 78k–1. 

8 15 U.S.C. 78k–1(a)(3)(B). 

9 17 CFR 242.608. 

10 17 CFR 200.30–3(a)(29). 

the limits contained in section 

12(d)(1)(A) of the Act, except to the 

extent that such Underlying Fund: (a) 

Acquires such securities in compliance 

with section 12(d)(1)(E) of the Act; (b) 

receives securities of another 

investment company as a dividend or as 

a result of a plan of reorganization of a 

company (other than a plan devised for 

the purpose of evading section 12(d)(1) 

of the Act); or (c) acquires (or is deemed 

to have acquired) securities of another 

investment company pursuant to 

exemptive relief from the Commission 

permitting such Underlying Fund to: (i) 

acquire securities of one or more 

investment companies for short-term 

cash management purposes, or (ii) 

engage in interfund borrowing and 

lending transactions. 

B. Other Investments by Same Group 

Fund of Funds 

Applicants agree that the relief to 

permit the Same Group Fund of Funds 

to invest in Other Investments shall be 

subject to the following condition: 

13. Applicants will comply with all 

provisions of rule 12d1–2 under the Act, 

except for paragraph (a)(2), to the extent 

that it restricts any Same Group Fund of 

Funds from investing in Other 

Investments as described in the 

application. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22623 Filed 9–9–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62823, File No. 4–51] 

Joint Industry Plan; Order Approving 

Amendment To Add EDGA Exchange, 

Inc. and EDGX Exchange, Inc. as 

Participants to National Market System 

Plan Establishing Procedures Under 

Rule 605 of Regulation NMS 

September 1, 2010. 

I. Introduction 

On March 30, 2010, EDGA Exchange, 

Inc. (‘‘EDGA’’) and EDGX Exchange, Inc. 

(‘‘EDGX’’) submitted to the Securities 

and Exchange Commission (‘‘SEC’’ or 

‘‘Commission’’) in accordance with 

Section 11A of the Securities Exchange 

Act of 1934 (‘‘Act’’) 1 and Rule 608 of 

Regulation NMS,2 a proposed 

amendment to the national market 

system plan establishing procedures 

under Rule 605 of Regulation NMS 

(‘‘Joint-SRO Plan’’ or ‘‘Plan’’).3 Under the 

proposed amendment, EGDA and EDGX 

would be added as participants to the 

Joint-SRO Plan. Notice of filing and an 

order granting temporary effectiveness 

of the proposal were published in the 

Federal Register on April 9, 2010.4 The 

Commission did not receive any 

comments on the proposed amendment. 

This order approves the amendment on 

a permanent basis. 

II. Discussion 

The Joint-SRO Plan establishes 

procedures for market centers to follow 

in making their monthly reports 

required pursuant to Rule 605 of 

Regulation NMS, available to the public 

in a uniform, readily accessible, and 

usable electronic format. The current 

participants to the Joint-SRO Plan are 

the American Stock Exchange LLC (n/k/ 

a NYSE Amex, Inc.), BATS Exchange, 

Inc., Boston Stock Exchange, Inc. (n/k/ 

a NASDAQ OMX BX, Inc.), Chicago 

Board Options Exchange, Incorporated, 

Chicago Stock Exchange, Inc., 

Cincinnati Stock Exchange, Inc. (n/k/a 

National Stock ExchangeSM), 

International Securities Exchange, LLC, 

The NASDAQ Stock Market LLC, 

National Association of Securities 

Dealers, Inc. (n/k/a Financial Industry 

Regulatory Authority, Inc.), New York 

Stock Exchange, Inc. (n/k/a New York 

Stock Exchange LLC), Pacific Exchange, 

Inc. (n/k/a NYSE Arca, Inc.), and 

Philadelphia Stock Exchange, Inc. (n/k/ 

a NASDAQ OMX PHLX, Inc.). The 

proposed amendment would add EDGA 

and EDGX as participants to the JointSRO Plan. 

Section III(b) of the Joint-SRO Plan 

provides that a national securities 

exchange or national securities 

association may become a party to the 

Plan by: (i) Executing a copy of the Plan, 

as then in effect (with the only changes 

being the addition of the new 

participant’s name in Section 11(a) of 

the Plan and the new participant’s 

single-digit code in Section VI(a)(1) of 

the Plan) and (ii) submitting such 

executed plan to the Commission for 

approval. Each of EDGA and EDGX has 

submitted a signed copy of the JointSRO Plan to the Commission in 

accordance with the procedures set 

forth in the Plan regarding new 

participants. 

The Commission finds that the 

amendment to the Joint-SRO Plan is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder. Specifically, the 

Commission finds that the proposed 

amendment, which permits EDGA and 

EDGX to become participants to the 

Joint-SRO Plan, is consistent with the 

requirements of Section 11A of the Act,5

and Rule 608 of Regulation NMS.6 The 

Plan established appropriate procedures 

for market centers to follow in making 

their monthly reports required pursuant 

to Rule 605 of Regulation NMS, 

available to the public in a uniform, 

readily accessible, and usable electronic 

format. The amendment to include 

EDGA and EDGX as participants in the 

Joint-SRO Plan should contribute to the 

maintenance of fair and orderly markets 

and remove impediments to and perfect 

the mechanisms of a national market 

system by facilitating the uniform 

public disclosure of order execution 

information by all market centers. The 

Commission believes that it is necessary 

and appropriate in the public interest, 

for the maintenance of fair and orderly 

markets, to remove impediments to, and 

perfect mechanisms of, a national 

market system to allow EDGA and 

EDGX to become participants in the 

Joint-SRO Plan. The Commission finds, 

therefore, that approving amendment to 

the Joint-SRO Plan is appropriate and 

consistent with Section 11A of the Act.7

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 11A(a)(3)(B) of the Act 8 and 

Rule 608 of Regulation NMS,9 that the 

amendment to the Joint-SRO Plan to add 

EDGA and EDGX as participants to the 

Joint-SRO Plan is approved and EDGA 

and EDGX are authorized to each act 

jointly with the other participants to the 

Joint-SRO Plan in planning, developing, 

operating, or regulating the Plan as a 

means of facilitating a national market 

system. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22552 Filed 9–9–10; 8:45 am] 

BILLING CODE 8010–01–P 


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