Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 59753 

5 17 CFR 200.30–3(a)(27). 

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

2 17 CFR 240.19b–4. 

Broadcast Charges is fair and reasonable 

and provides for an equitable allocation 

of dues, fees, and other charges among 

vendors, data recipients and other 

persons using CTA Network A facilities. 

10. Method of Frequency of Processor 

Evaluation 

Not applicable. 

11. Dispute Resolution 

Not applicable. 

II. Rule 601(a) 

A. Equity Securities for Which 

Transaction Reports Shall Be Required 

by the Plan 

Not applicable. 

B. Reporting Requirements 

Not applicable. 

C. Manner of Collecting, Processing, 

Sequencing, Making Available and 

Disseminating Last Sale Information 

Not applicable. 

D. Manner of Consolidation 

Not applicable. 

E. Standards and Methods Ensuring 

Promptness, Accuracy and 

Completeness of Transaction Reports 

Not applicable. 

F. Rules and Procedures Addressed to 

Fraudulent or Manipulative 

Dissemination 

Not applicable. 

G. Terms of Access to Transaction 

Reports 

The Network A Participants and the 

vendor that the proposed amendment 

would affect have already entered into 

the Network A Participants’ standard 

form of agreement. No new terms of 

access will apply, other than the 

reduction to the cap on the Broadcast 

Charge. 

8. 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 

Fifteenth 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–2010–02 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–2010–02. 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 Fifteenth Charges 

Amendment to the CTA Plan that are 

filed with the Commission, and all 

written communications relating to the 

Fifteenth Charges Amendment to the 

CTA Plan 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 Fifteenth 

Charges Amendment to the CTA Plan 

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–2010–02 and should 

be submitted on or before October 19, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.5

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–24226 Filed 9–27–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62963; File No. SR– 

NYSEAmex–2010–71] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC Amending NYSE Amex 

Equities Rule 36 

September 21, 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 

September 14, 2010, the NYSE Amex 

LLC (‘‘NYSE Amex’’ or the ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the Exchange. 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 amend 

NYSE Amex Equities Rule 36 

(‘‘Communications Between Exchange 

and Members’ Offices’’) to incorporate 

the provisions of its current Wireless 

Policy. The text of the proposed rule 

change is available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

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 

self-regulatory organization 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 those 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

NYSE Amex proposes to amend NYSE 

Amex Equities Rule 36 

(‘‘Communications Between Exchange 

and Members’ Offices’’) to incorporate 


srobinson on DSKHWCL6B1PROD with NOTICES
59754 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 

3The Exchange notes that parallel changes are 

proposed to the rules of its affiliate, The New York 

Stock Exchange LLC. See SR–NYSE–2010–53. 

4See Securities Exchange Act Release No. 59627 

(March 25, 2009), 74 FR 14834 (April 1, 2009) (SR– 

NYSEAmex–2009–02). The Wireless Policy was 

attached as an exhibit to that proposed rule change. 

5NYSE Amex Equities Rule 36.20. 

6NYSE Amex Equities Rule 36.21. 

7However, Floor brokers are permitted to provide 

their customers with specific data points from 

datafeeds made available on the hand-held devices. 

8 15 U.S.C. 78f(b)(5). 

9 15 U.S.C. 78s(b)(3)(A). 

10 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 

the provisions of its current Wireless 

Policy into Supplementary Material .70 

of the Rule.3 The Wireless Policy was 

previously approved by the 

Commission.4

Background 

Current NYSE Amex Equities rules 

permit a Floor broker to communicate 

information to a customer using a wired 

telephone line,5 NYSE Amex approved 

portable telephones,6 or through a 

written electronic communication from 

the Floor brokers’ hand-held device as 

permitted by the NYSE Amex’s 

‘‘Wireless Data Communications 

Initiatives.’’ Wireless communications 

can be sent and received directly to and 

from a Floor broker’s hand-held device 

and orders entered from off the Floor 

may be transmitted directly to a handheld device, bypassing the booth. Floor 

brokers may send order-related 

messages and information (e.g., 

cancellations and administrative 

messages, as well as market probes and 

market looks) back to the customer 

directly through the hand-held device. 

Pursuant to the Exchange’s Wireless 

Policy, a record must be established and 

maintained for transmissions that are 

sent: (1) From a member’s off-Floor 

location to a booth terminal and then 

retransmitted from the booth terminal to 

a member’s hand-held device; or (2) 

directly to the hand-held device, 

bypassing the booth. Orders sent from 

off-Floor to the booth or the hand-held 

device are first sent through a secured 

network and routed to an Exchangewired database that captures and 

records the orders. Likewise, orderrelated messages or information 

generated from the Floor broker’s booth 

or hand-held device are transmitted 

back to the Exchange-wired databases 

via the secured wireless network, where 

the information is captured and 

recorded, and then sent off-Floor to the 

customer via the Exchange’s secured 

network. The Exchange records all of 

the information sent to and transmitted 

from the hand-held devices. 

Proposed Amendments to NYSE Amex 

Equities Rule 36 

The Exchange proposes to revise 

NYSE Amex Equities Rule 36 to 

incorporate the provisions of its 

Wireless Policy, previously approved by 

the Commission, in Supplementary 

Material .70 of the Rule. In addition, the 

Exchange is making certain clarifying 

changes as part of the incorporation of 

the Wireless Policy into the Rule. 

First, the Exchange proposes to clarify 

the language in Supplementary Material 

.70 and the Wireless Policy by using 

consistent terminology when referring 

to the hand-held devices in the 

proposed rule change. Thus, for 

example, references in paragraph (a) of 

the current Supplementary Material to 

‘‘wireless trading devices’’ would be 

changed to ‘‘wireless hand-held 

devices.’’ The use of consistent 

terminology would make clear that the 

Exchange is referencing the same type of 

device in both paragraphs of the 

proposed rule. 

Second, the Exchange is clarifying 

that Floor brokers may send orderrelated messages outside their member 

organizations only to customers. In this 

regard, the Exchange is clarifying the 

rule text to provide that order-related 

messages and information include 

market looks. The Exchange also notes 

that a customer must be specifically 

enabled by the Floor broker to receive 

communications from the Floor broker’s 

hand-held device. 

For purposes of this proposed rule 

change, the term ‘‘customer’’ means a 

person who the Floor broker reasonably 

believes is receiving the order-related 

message(s) in consideration of a 

securities transaction or potential 

securities transaction with the Floor 

broker. Whether such a belief is 

reasonable is based on the relevant facts 

and circumstances including, without 

limitation: Whether the customer is a 

bona fide market participant; any prior 

history of the customer entering orders 

with the Floor broker for execution on 

the Exchange; and acknowledgement by 

the customer (including by negative 

consent) that the customer is receiving 

order-related messages in consideration 

of a securities transaction or potential 

securities transaction with the Floor 

broker. A Floor broker may provide 

order-related messages to a customer 

pursuant to proposed Supplementary 

Material .70 notwithstanding the fact 

that the customer’s receipt of particular 

messages does not lead to an order with 

the Floor broker. 

Third, the Exchange is clarifying that 

the Wireless Policy does not allow Floor 

brokers to retransmit datafeeds received 

on hand-held devices or send orders to 

another hand-held device.7

Fourth, the Exchange is clarifying that 

Floor brokers may send trade reports on 

their hand-held devices. 

Finally, the Exchange is clarifying 

that the Wireless Policy applies not only 

to member organizations but also to 

employees of member organizations. 

As proposed, Supplementary Material 

.70 is substantially similar to the 

Exchange’s Wireless Policy as 

previously filed with and approved by 

the Commission. 

2. Statutory Basis 

The basis under the Act for this 

proposed rule change is the requirement 

under Section 6(b)(5) 8 that an Exchange 

have rules that are designed to promote 

just and equitable principles of trade, to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. The instant proposal is 

in keeping with these principles 

because the incorporation of the 

Wireless Policy in the Exchange’s rules 

promotes transparency and makes clear 

what type of information may be 

communicated to and from hand-held 

devices. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

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 with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 9 and Rule 19b– 

4(f)(6) thereunder.10


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 59755 

change, or such shorter time as designated by the 

Commission. NYSE Amex has satisfied this 

requirement. 

11 17 CFR 240.19b–4(f)(6). 

12 17 CFR 240.19b–4(f)(6). 

13For 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). 

14The text of the proposed rule change is 

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

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

15 17 CFR 200.30–3(a)(12). 

1 17 CFR 242.608. 

2The Plan Participants (collectively, 

‘‘Participants’’) are the: BATS Exchange, Inc. 

(‘‘BATS’’); Chicago Board Options Exchange, 

Incorporated (‘‘CBOE’’); Chicago Stock Exchange, 

Inc. (‘‘CHX’’); Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’); International Securities 

Exchange LLC (‘‘ISE’’); NASDAQ OMX BX, Inc. 

(‘‘BX’’); NASDAQ OMX PHLX, Inc. (‘‘PHLX’’); 

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

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

Exchange LLC (‘‘NYSE’’); NYSE Amex, Inc. 

(‘‘NYSEAmex’’); and NYSE Arca, Inc. (‘‘NYSEArca’’). 

3The Plan governs the collection, processing, and 

dissemination on a consolidated basis of quotation 

information and transaction reports in Eligible 

Securities for each of its Participants. This 

consolidated information informs investors of the 

current quotation and recent trade prices of Nasdaq 

securities. It enables investors to ascertain from one 

data source the current prices in all the markets 

trading Nasdaq securities. The Plan serves as the 

required transaction reporting plan for its 

Participants, which is a prerequisite for their 

trading Eligible Securities. See Securities Exchange 

Act Release No. 55647 (April 19, 2007) 72 FR 20891 

(April 26, 2007). 

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 11 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6) 12

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. NYSE Amex requests 

that the Commission waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Commission notes that the 

proposed rule change codifies into rule 

text an existing policy and provides 

certain other clarifications. For this 

reason, the Commission believes that 

waiving the 30-day operative delay 13 is 

consistent with the protection of 

investors and the public interest. 

Therefore, the Commission designates 

the proposal operative upon filing. 

At any time within the 60-day period 

beginning on the date 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–NYSEAmex–2010–71 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–NYSEAmex–2010–71. 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,14 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 website viewing and 

printing in the Commission’s Public 

Reference Room, 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–NYSEAmex–2010–71 and 

should be submitted on or before 

October 19, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–24178 Filed 9–27–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62965; File No. S7–24–89] 

Joint Industry Plan; Notice of Filing 

and Immediate Effectiveness of 

Amendment No. 22 to the Joint SelfRegulatory Organization Plan 

Governing the Collection, 

Consolidation and Dissemination of 

Quotation and Transaction Information 

for Nasdaq-Listed Securities Traded on 

Exchanges on an Unlisted Trading 

Privileges Basis Submitted by the 

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., Nasdaq 

Stock Market LLC, National Stock 

Exchange, Inc., New York Stock 

Exchange LLC, NYSE Amex, Inc., and 

NYSE Arca, Inc. 

September 21, 2010. 

Pursuant to Rule 608 of the Securities 

Exchange Act of 1934 (the ‘‘Act’’) 1

notice is hereby given that on 

September 21, 2010, the operating 

committee (‘‘Operating Committee’’ or 

‘‘Committee’’) 2 of the Joint SelfRegulatory Organization Plan Governing 

the Collection, Consolidation, and 

Dissemination of Quotation and 

Transaction Information for NasdaqListed Securities Traded on Exchanges 

on an Unlisted Trading Privilege Basis 

(‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) an 

amendment to the Plan.3 This 

amendment represents Amendment No. 

22 to the Plan and proposes to add 

EDGA Exchange, Inc. and EDGX 


srobinson on DSKHWCL6B1PROD with NOTICES