62904 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 

12The text of the proposed rule change is 

available on Exchange’s Web site at http:// 

nasdaqomxbx.cchwallstreet.com, on the 

Commission’s Web site at http://www.sec.gov, at 

BX, and at the Commission’s Public Reference 

Room. 

13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4Specifically, OTC equity transactions are: (1) 

Transactions in NMS stocks, as defined in SEC Rule 

600(b) of Regulation NMS, effected otherwise than 

on an exchange, which are reported through the 

Alternative Display Facility (‘‘ADF’’) or a Trade 

Reporting Facility (‘‘TRF’’); and (2) transactions in 

‘‘OTC Equity Securities,’’ as defined in FINRA Rule 

6420 (i.e., non-NMS stocks such as OTC Bulletin 

Board and Pink Sheets securities), which are 

reported through the OTC Reporting Facility 

(‘‘ORF’’). 

5See Securities Exchange Act Release No. 61819 

(March 31, 2010), 75 FR 17806 (April 7, 2010) 

(Notice of Filing of Amendment No. 2 and Order 

Granting Accelerated Approval; File No. SR– 

FINRA–2009–061). 

6See Securities Exchange Act Release No. 61979 

(April 23, 2010), 75 FR 23316 (May 3, 2010) (Order 

Approving Proposed Rule Change, as Modified by 

Amendment Nos. 1 and 2; File No. SR–FINRA– 

2010–003). 

Number SR–BX–2010–067 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–BX–2010–067. 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,12 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 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–BX– 

2010–067 and should be submitted on 

or before November 3, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–25742 Filed 10–12–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63039; File No. SR–FINRA– 

2010–051] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Reconcile Certain 

Amendments Approved Pursuant to 

SR–FINRA–2009–061 and SR–FINRA– 

2010–003 

October 5, 2010. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on October 

1, 2010, Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I and 

II below, which Items have been 

prepared by FINRA. FINRA has 

designated the proposed rule change as 

constituting a ‘‘non-controversial’’ rule 

change under paragraph (f)(6) of Rule 

19b–4 under the Act,3 which renders 

the proposal effective upon receipt of 

this filing by the Commission. 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 

FINRA is proposing to make 

conforming changes to FINRA Rules 

6420, 6610, 6622, 7310 and 7410 to 

reconcile amendments approved 

pursuant to two recent proposed rule 

changes: SR–FINRA–2010–003, which 

was implemented on June 28, 2010, and 

SR–FINRA–2009–061, which will be 

implemented on November 1, 2010. 

The text of the proposed rule change 

is available on FINRA’s Web site at 

http://www.finra.org, at the principal 

office of FINRA and at the 

Commission’s Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

FINRA 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 these statements 

may be examined at the places specified 

in Item IV below. FINRA has prepared 

summaries, set forth in sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

On September 16, 2009, FINRA filed 

proposed rule change SR–FINRA–2009– 

061 to amend its trade reporting rules to 

(1) require that members report overthe-counter (‘‘OTC’’) equity 

transactions 4 to FINRA within 30 

seconds of execution and report certain 

trade cancellations to FINRA within 30 

seconds of cancellation; (2) require that 

members report secondary market 

transactions in non-exchange-listed 

direct participation program (‘‘DPP’’) 

securities to FINRA within 30 seconds 

of execution; and (3) make certain 

conforming changes to the rules relating 

to the OTC Reporting Facility (‘‘ORF’’). 

In that filing, FINRA proposed, among 

other things, to amend Rules 6420, 

6610, 6622, 6623, 7310, 7330 and 7410. 

SR–FINRA–2009–061 was approved by 

the Commission on March 31, 2010,5

and will be implemented on November 

1, 2010. 

On January 15, 2010, FINRA filed 

proposed rule change SR–FINRA–2010– 

003, in pertinent part, to (1) amend 

Rules 6610, 6622, 6623, 7310 and 7330 

regarding reporting transactions in 

restricted equity securities to the ORF; 

and (2) update the definition of ‘‘OTC 

Equity Security’’ in Rules 6420 and 

7410. SR–FINRA–2010–003 was 

approved by the Commission on April 

23, 2010,6 and was implemented on 

June 28, 2010. The underlying text of 

SR–FINRA–2010–003 did not reflect the 

amendments that were approved 

pursuant to SR–FINRA–2009–061, 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 62905 

7Specifically, the amendments approved 

pursuant to SR–FINRA–2009–061 and SR–FINRA– 

2010–003 overlap with respect to the rule text itself 

in Rules 6610, 6622(a)(9) (which is renumbered as 

Rule 6622(a)(7) by SR–FINRA–2009–061), 7310(g) 

and 7410(l). 

In addition, both filings renumbered certain 

provisions in Rules 6420 and 6622(a). This 

proposed rule change reflects conforming changes 

to reconcile the numbering of these provisions. To 

avoid potential confusion as a result of conflicting 

numbering, this proposed rule change reflects all of 

the amendments to Rule 6420 and paragraph (a) of 

Rule 6622 that were approved pursuant to SR– 

FINRA–2009–061, irrespective of whether the rule 

text itself conflicts with the text as amended by SR– 

FINRA–2010–003. Because these amendments were 

previously approved by the Commission, FINRA is 

not re-proposing them in this filing and is including 

them herein solely for ease of reference. 

8 15 U.S.C. 78o–3(b)(6). 

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

10 17 CFR 240.19b–4(f)(6). 

11 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

because those changes will not be 

implemented until November 1, 2010. 

Because of the timing of the 

aforementioned filings, certain of the 

amendments that were approved 

pursuant to SR–FINRA–2009–061 must 

be reconciled with the current rule text, 

as amended pursuant to SR–FINRA– 

2010–003. This proposed rule change 

makes no material changes to the 

amendments that were approved 

pursuant to SR–FINRA–2009–061.7

In addition, SR–FINRA–2009–061 and 

SR–FINRA–2010–003 proposed 

identical amendments to Rule 6623, and 

both filings proposed to amend Rules 

7310(j) and 7330(b). FINRA is proposing 

to retain the version of these provisions 

as amended by SR–FINRA–2010–003; 

therefore, this proposed rule change 

does not reflect any conforming changes 

to Rules 6623, 7310(j) or 7330(b). 

Finally, FINRA is proposing in this 

filing an additional amendment that was 

not proposed in SR–FINRA–2010–003 

or SR–FINRA–2009–061. FINRA is 

proposing a technical change to the title 

of the Rule 6620 Series to clarify that 

the series applies to the reporting of 

transactions in Restricted Equity 

Securities as well as OTC Equity 

Securities. 

FINRA has filed the proposed rule 

change for immediate effectiveness. The 

operative date of the proposed rule 

change will be November 1, 2010, the 

date on which SR–FINRA–2009–061 

will be implemented. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

of Section 15A(b)(6) of the Act,8 which 

requires, among other things, that 

FINRA rules must be designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, and, in 

general, to protect investors and the 

public interest. FINRA believes the 

proposed rule change will provide 

greater clarity to members and the 

public regarding FINRA’s rules. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA does not believe that the 

proposed rule change will result in 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 

Written comments were neither 

solicited nor received. 

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

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–FINRA–2010–051 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–FINRA–2010–051. 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 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 such filing 

also will be available for inspection and 

copying at the principal office of 

FINRA. 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 publicly available. All 

submissions should refer to File 

Number SR–FINRA–2010–051 and 

should be submitted on or before 

November 3, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–25740 Filed 10–12–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63041; File No. SR– 

NYSEArca–2010–86] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing of a 

Proposed Rule Change Relating to 

Listing of the Peritus High Yield ETF 

October 5, 2010. 

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

Securities Exchange Act of 1934 (‘‘Act’’)1

and Rule 19b–4 thereunder,2 notice is 

hereby given that on September 23, 

2010, NYSE Arca, Inc. (‘‘NYSE Arca’’ or 

the ‘‘Exchange’’) filed with the Securities 

mstockstill on DSKH9S0YB1PROD with NOTICES