Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices 64753 

1 15 U.S.C. 78k–1. 

2 17 CFR 242.608. 

3The OPRA Plan is a national market system plan 

approved by the Commission pursuant to Section 

11A of the Act and Rule 608 thereunder (formerly 

Rule 11Aa3–2). See Securities Exchange Act 

Release No. 17638 (March 18, 1981), 22 S.E.C. 

Docket 484 (March 31, 1981). The full text of the 

OPRA Plan is available at http:// 

www.opradata.com. 

The OPRA Plan provides for the collection and 

dissemination of last sale and quotation information 

on options that are traded on the participant 

exchanges. The eight participants to the OPRA Plan 

are BATS Exchange, Inc., Chicago Board Options 

Exchange, Incorporated, International Securities 

Exchange, LLC, NASDAQW OMX BX, Inc., 

NASDAQ OMX PHLX, Inc., NASDAQ Stock Market 

LLC, NYSE Amex, Inc., and NYSE Arca, Inc. 

4See Release No. 34–48822 (November 21, 2003), 

approving File No. SR–OPRA–2003–01. OPRA 

reorganized as a limited liability company effective 

as of January 1, 2010, and the current OPRA Plan 

is entitled ‘‘Limited Liability Company Agreement 

of Options Price Reporting Authority, LLC.’’ See 

Release No. 34–61367 (January 10, 2010), approving 

File No. SR–OPRA–2009–01, for a description of 

the current OPRA Plan. The current OPRA Plan is 

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

www.opradata.com. 

owner of more than 10 percent of any 

class of any equity security (other than 

an exempted security) which registered 

pursuant to Section 12 of the Exchange 

Act, or who is a director or an officer of 

the issuer of such security (collectively 

‘‘reporting persons’’), must file 

statements setting forth their security 

holdings in the issuer with the 

Commission. Form 5 (17 CFR 249.105) 

is an annual statement of beneficial 

ownership of securities. The 

information disclosure provided on 

Form 5 is mandatory. All information is 

provided to the public for review. 

Approximately 9,000 reporting persons 

file Form 5 annually and we estimate 

that it takes approximately one hour to 

prepare the form for a total of 9,000 

annual burden hours. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Written comments regarding the 

above information should be directed to 

the following persons: (i) Desk Officer 

for the Securities and Exchange 

Commission, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington, DC 20503 or send an email to: Shagufta_Ahmed@omb.eop.gov 

and (ii) Jeffrey Heslop, Acting Director/ 

CIO, Securities and Exchange 

Commission, C/O Remi Pavlik-Simon, 

6423 General Green Way, Alexandria, 

Virginia 22312; or send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: October 13, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–26342 Filed 10–19–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 425, OMB Control No. 3235–0521, 

SEC File No. 270–462. 

Notice is hereby given, that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for approval. 

Rule 425 (17 CFR 230.425) under the 

Securities Act of 1933 (15 U.S.C. 77a et 

seq.) requires the filing of certain 

prospectuses and communications 

under Rule 135 (17 CFR 230.135) and 

Rule 165 (17 CFR 230.165) in 

connection with business combination 

transactions. The purpose of the rule is 

to permit more oral and written 

communications with shareholders 

about tender offers, mergers and other 

business combination transactions on a 

more timely basis, so long as the written 

communications are filed on the date of 

first use. Approximately 1,680 issuers 

file communications under Rule 425 at 

an estimated 0.25 hours per response for 

a total of 420 annual burden hours. 

Written comments are invited on: (a) 

Whether the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden imposed 

by the collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 60 days of this 

publication. 

Please direct your written comments 

to Jeffrey Heslop, Acting Director/CIO, 

Securities and Exchange Commission, 

C/O Remi Pavlik-Simon, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. 

Dated: October 6, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–26344 Filed 10–19–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63106; File No. SR–OPRA– 

2010–01] 

Options Price Reporting Authority; 

Notice of Filing and Immediate 

Effectiveness of Proposed Amendment 

To Identify the Securities Industry 

Automation Corporation as OPRA’s 

Independent System Capacity Advisor 

October 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 

September 29, 2010, the Options Price 

Reporting Authority (‘‘OPRA’’) to the 

Securities and Exchange Commission 

(‘‘Commission’’) an amendment to the 

Plan for Reporting of Consolidated 

Options Last Sale Reports and 

Quotation Information (‘‘OPRA Plan’’).3

The proposed amendment would reflect 

the fact that OPRA has selected the 

Securities Industry Automation 

Corporation (‘‘SIAC’’) to act as OPRA’s 

‘‘Independent System Capacity Advisor’’ 

or ‘‘ISCA’’ commencing on October 1, 

2010. The Commission is publishing 

this notice to solicit comments from 

interested persons on the proposed 

OPRA Plan amendment. 

I. Description and Purpose of the Plan 

Amendment 

In 2003, OPRA revised the manner in 

which it engages in capacity planning 

and allocates capacity among the 

exchanges (‘‘Exchanges’’) that are parties 

to the OPRA National Market System 

Plan (the ‘‘OPRA Plan’’ or ‘‘Plan’’).4 As 


emcdonald on DSK2BSOYB1PROD with NOTICES
64754 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices 

5Release No. 34–48822 contains a more extensive 

description of the functions performed by the ISCA. 

6This undertaking is in the definition of 

‘‘Independent System Capacity Advisor’’ in Section 

1.1 of the OPRA Plan as currently in effect: ‘‘The 

identity of the person, persons or organization 

selected to act as ISCA in accordance with the 

foregoing shall be filed with the Commission as an 

amendment to OPRA’s national market system plan 

pursuant to Rule 11Aa3–2 under the Exchange Act, 

eligible to be put into effect upon filing in 

accordance with paragraph (c)(3) of that Rule.’’ Rule 

11Aa3–2 is now Rule 608, and paragraph (c)(3) of 

Rule 11Aa3–2 is now paragraph (b)(3) of Rule 608. 

7See the final paragraph of Guideline 1 in the 

Capacity Guidelines. 

8See the final paragraph of Guideline 1 in the 

Capacity Guidelines. 

9 17 CFR 242.608(b)(3)(ii). 

10 17 CFR 242.608(b)(2). 11 17 CFR 200.30–3(a)(29). 

part of that revision, OPRA amended the 

Plan to provide for an ‘‘Independent 

System Capacity Advisor’’ or ‘‘ISCA.’’ In 

essence, the function of the ISCA is to 

receive, on a confidential basis, capacity 

projections from each of the Exchanges 

and to use those projections to 

determine whether and when to modify 

the system used by OPRA to process, 

consolidate and distribute options Last 

Sale Reports and Quotation Information 

and related information pursuant to the 

Plan, and how the cost of such 

modifications is to be allocated among 

the Exchanges.5 OPRA undertook in its 

Plan as amended in 2003 to file with the 

Commission, for effectiveness upon 

filing, the identity of the person or 

organization that it selected to act as 

ISCA.6 In 2003, OPRA selected The 

Options Clearing Corporation (‘‘OCC’’) to 

act as the ISCA, and OCC agreed to act 

in that capacity. 

OPRA and OCC have now agreed that 

OCC will cease to act as the ISCA 

effective October 1, 2010. OPRA has 

selected SIAC to act as ISCA 

commencing on October 1, 2010, and 

SIAC has agreed to act in that capacity 

commencing on that date. SIAC is well 

known to OPRA since it has for many 

years acted as OPRA’s ‘‘Processor’’ and 

has, in that capacity, provided the data 

processing services needed to develop, 

operate and maintain the OPRA System. 

As part of the revision of the OPRA 

Plan in 2003, OPRA adopted ‘‘Capacity 

Guidelines’’ set forth in an Attachment 

to, and incorporated in, the Plan. The 

Capacity Guidelines provide guidance 

to the ISCA in the performance of its 

functions. The Capacity Guidelines 

include a requirement that the ISCA 

maintain internal safeguards and 

procedures that are, among other things, 

‘‘sufficient to assure that confidential 

information provided to the ISCA by the 

parties [i.e., the Exchanges] is not shared 

with any of the other parties except in 

the form of aggregate capacity requests 

or other aggregate information that does 

not identify the individual capacity 

requests of any of the parties, and to 

further assure that such information will 

not be used by the ISCA in any of its 

other business activities in a manner 

that may result in its being made 

available to any of the other parties or 

that is otherwise inconsistent with the 

confidentiality of such information.’’ 7

The Capacity Guidelines require that 

‘‘Prior to the time it first exercises its 

authority under the Plan, the ISCA shall 

have furnished a written description of 

these internal safeguards and 

procedures to the Commission.’’ 8 OPRA 

has worked with SIAC to develop 

appropriate internal safeguards and 

procedures that are substantially similar 

to the safeguards and procedures 

maintained by OCC, and has asked SIAC 

to furnish a written description of its 

safeguards and procedures to the 

Commission prior to October 1, 2010. 

The text of the proposed amendment 

to the OPRA Plan is available at OPRA, 

the Commission’s Public Reference 

Room, http://opradata.com, and on the 

Commission’s Web site at http:// 

www.sec.gov. 

II. Implementation of the OPRA Plan 

Amendment 

Pursuant to subparagraphs to (ii) and 

(iii) of paragraph (b)(3) of Rule 608 

under the Act,9 OPRA designated this 

amendment to be put into effect upon 

filing with the Commission. 

The Commission may summarily 

abrogate the amendment within sixty 

days of its filing and require refiling and 

approval of the amendment by 

Commission order pursuant to Rule 

608(b)(2) under the Act 10 if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or the maintenance of fair and orderly 

markets, to remove impediments to, and 

perfect the mechanisms of, a national 

market system, or otherwise in 

furtherance of the purposes of the Act. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed OPRA 

Plan amendment 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 

No. SR–OPRA–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–OPRA–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 proposed plan 

amendment that are filed with the 

Commission, and all written 

communications relating to the 

proposed plan 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 such filing 

also will be available for inspection and 

copying at the principal office of OPRA. 

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–OPRA–2010–01 and should 

be submitted on or before November 10, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–26340 Filed 10–19–10; 8:45 am] 

BILLING CODE 8011–01–P 


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