Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57309 

5 17 CFR 200.30–3(a)(27). 

1 15 U.S.C. 78k–1. 

2 17 CFR 242.608. 

3Each participant executed the proposed 

amendment. The Participants are: BATS Exchange, 

Inc.; Chicago Board Options Exchange, 

Incorporated; Chicago Stock Exchange, Inc.; 

Financial Industry Regulatory Authority, Inc.; 

International Securities Exchange LLC; NASDAQ 

OMX BX, Inc.; NASDAQ OMX PHLX, Inc.; The 

NASDAQ Stock Market LLC; National Stock 

Exchange, Inc.; New York Stock Exchange LLC; 

NYSE Amex, Inc.; and NYSE Arca, Inc. 

4See Securities Exchange Act Release Nos. 10787 

(May 10, 1974), 39 FR 17799 (May 20, 1974) 

(declaring the CTA Plan effective); 15009 (July 28, 

1978), 43 FR 34851 (August 7, 1978) (temporarily 

authorizing the CQ Plan); and 16518 (January 22, 

1980), 45 FR 6521 (January 28, 1980) (permanently 

authorizing the CQ Plan). The most recent 

restatement of both Plans was in 1995. The CTA 

Plan, pursuant to which markets collect and 

disseminate last sale price information for nonNASDAQ listed securities, is a ‘‘transaction 

reporting plan’’ under Rule 601 under the Act, 17 

CFR 242.601, and a ‘‘national market system plan’’ 

under Rule 608 under the Act, 17 CFR 242.608. The 

CQ Plan, pursuant to which markets collect and 

disseminate bid/ask quotation information for listed 

securities, is also a ‘‘national market system plan’’ 

under Rule 608 under the Act, 17 CFR 242.608. 

the pilot program. Currently, two 

Television Vendors participate in the 

program. In the view of the Network B 

Participants, using the number of 

households reached as the billing metric 

for the dissemination of last sale price 

information through television is a 

reasonable counterpart to metrics used 

in other contexts, such as counting 

devices, subscriber entitlements or 

quote packets. The billing metric is the 

same as television advertisers use, a fact 

that serves to discipline accuracy of the 

households-reached count (since the 

television networks have incentives to 

maximize the number of households 

reached while the advertisers have 

incentives to minimize the number). 

The Network B Participants believe 

that the level of the fee is fair and 

reasonable and allows the television 

vendors to contribute an appropriate 

amount for the market data services that 

they provide. It constitutes a reasonable 

allocation of the costs of running the 

securities markets that the Network B 

Participants operate to the purveyors of 

the Television Vendors. 

10. Method of Frequency of Processor 

Evaluation 

Not applicable. 

11. Dispute Resolution 

Not applicable. 

II. Rule 601(a) 

A. Reporting Requirements 

Not applicable. 

B. Manner of Collecting, Processing, 

Sequencing, Making Available and 

Disseminating Last Sale Information 

The new fee will permit vendors to 

disseminate a ticker stream of Network 

B last sale price information to viewers 

of broadcast, cable or satellite television. 

C. Manner of Consolidation 

Not applicable. 

D. Standards and Methods Ensuring 

Promptness, Accuracy and 

Completeness of Transaction Reports 

Not applicable. 

E. Rules and Procedures Addressed to 

Fraudulent or Manipulative 

Dissemination 

Not applicable. 

F. Terms of Access to Transaction 

Reports 

The Network B Participants will 

require vendors of Network B ticker 

television services to enter into the 

standard form of vendor agreement. It is 

the same form into which the CTA Plan 

Participants require all vendors to enter. 

G. Identification of Marketplace of 

Execution 

Not applicable. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed 

Fourteenth Charges Amendment to the 

CTA Plan 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–CTA–2010–01 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–CTA–2010–01. 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 Amendment that is 

filed with the Commission, and all 

written communications relating to the 

Amendment 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 Amendments also will be 

available for inspection and copying at 

the principal office of the CTA. All 

comment received will be posted 

without change; the Commission does 

not edit personal identifying 

information from ubmissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–CTA–2010–01 and should 

be submitted on or before October 12, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.5

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–23359 Filed 9–17–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62912; File No. SR–CTA/ 

CQ–2010–03] 

Consolidated Tape Association; Notice 

of Filing and Immediate Effectiveness 

of the Sixteenth Substantive 

Amendment to the Second 

Restatement of the Consolidated Tape 

Association Plan and Twelfth 

Substantive Amendment to the 

Restated Consolidated Quotation Plan 

September 14, 2010. 

Pursuant to Section 11A of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 608 thereunder,2

notice is hereby given that on August 

27, 2010, the Consolidated Tape 

Association (‘‘CTA’’) Plan and 

Consolidated Quotation (‘‘CQ’’) Plan 

participants (‘‘Participants’’) 3 filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) a proposal 

to amend the Second Restatement of the 

CTA Plan and Restated CQ Plan 

(collectively, the ‘‘Plans’’).4 The proposal 

represents the sixteenth substantive 

amendment to the CTA Plan (‘‘Sixteenth 

Amendment to the CTA Plan’’) and the 

twelfth substantive amendment to the 

CQ Plan (‘‘Twelfth Amendment to the 


jdjones on DSK8KYBLC1PROD with NOTICES
57310 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 

5 17 CFR 200.30–3(a)(27). 

CQ Plan’’), and reflects changes 

unanimously adopted by the 

Participants. The Sixteenth Amendment 

to the CTA Plan and the Twelfth 

Amendment to the CQ Plan 

(‘‘Amendments’’) propose to add EDGA 

Exchange, Inc. and EDGX Exchange, Inc. 

to the Plans. The Commission is 

publishing this notice to solicit 

comments from interested persons on 

the proposed Amendments. 

I. Rule 608(a) 

A. Purpose of the Amendments 

The amendment proposes to add 

EDGA Exchange, Inc. and EDGX 

Exchange, Inc. as new Participants to 

each Plan. 

B. Governing or Constituent Documents 

Not applicable. 

C. Implementation of the Amendments 

Because the Amendments constitute 

‘‘Ministerial Amendments’’ under both 

clause (1) of Section IV(b) of the CTA 

Plan and clause (1) of Section IV(c) of 

the CQ Plan, the Chairman of the CTA 

Plan and the CQ Plan’s Operating 

Committee may submit these 

amendments to the Commission on 

behalf of the Participants in the CTA 

Plan and the CQ Plan. Because the 

Participants designate the amendments 

as concerned solely with the 

administration of the Plans, the 

amendments become effective upon 

filing with the Commission. 

D. Development and Implementation 

Phases 

Not applicable. 

E. Analysis of Impact on Competition 

The proposed amendment does not 

impose any burden on competition that 

is not necessary or appropriate in 

furtherance of the purposes of the 

Exchange Act. The Participants do not 

believe that the proposed plan 

amendment introduces terms that are 

unreasonably discriminatory for the 

purposes of Section 11A(c)(1)(D) of the 

Exchange Act. 

F. Written Understanding or Agreements 

relating to Interpretation of, or 

Participation in, Plan 

Not applicable. 

G. Approval by Sponsors in Accordance 

with Plan 

See Item I(C) above. 

H. Description of Operation of Facility 

Contemplated by the Proposed 

Amendment 

Not applicable. 

I. Terms and Conditions of Access 

See Item I(A) above. 

J. Method of Determination and 

Imposition, and Amount of, Fees and 

Charges 

See Item I(A) above. 

K. Method and Frequency of Processor 

Evaluation 

Not applicable. 

L. Dispute Resolution 

Not applicable. 

II. Rule 601(a) (Solely in its Application 

to the Amendments to the CTA Plan) 

A. Reporting Requirements 

Not applicable. 

B. Manner of Collecting, Processing, 

Sequencing, Making Available and 

Disseminating Last Sale Information 

Not applicable. 

C. Manner of Consolidation 

Not applicable. 

D. Standards and Methods Ensuring 

Promptness, Accuracy and 

Completeness of Transaction Reports 

Not applicable. 

E. Rules and Procedures Addressed to 

Fraudulent or Manipulative 

Dissemination 

Not applicable. 

F. Terms of Access to Transaction 

Reports 

Not applicable. 

G. Identification of Marketplace of 

Execution 

Not Applicable. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed 

Amendments are 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–CTA/CQ–2010–03 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–CTA/CQ–2010–03. 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 Amendments that 

are filed with the Commission, and all 

written communications relating to the 

Amendments 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 the Amendments also will be 

available for inspection and copying at 

the principal office of the CTA. 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–CTA/CQ–2010–03 and 

should be submitted on or before 

October 12, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.5

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–23360 Filed 9–17–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

29416; File No. 812–13714] 

American Capital, Ltd.; Notice of 

Application 

September 14, 2010. 

AGENCY: Securities and Exchange 

Commission (the ‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 61(a)(3)(B) of the 

Investment Company Act of 1940 (the 

‘‘Act’’). 

SUMMARY: Summary of Application: 

Applicant, American Capital, Ltd. 

requests an order approving a proposal 

to grant certain stock options to 


jdjones on DSK8KYBLC1PROD with NOTICES