67410 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices 

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.; EDGA 

Exchange, Inc.; EDGX 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. 

Schedule 13E–3 provides shareholders 

and the marketplace with information 

concerning going private transactions 

that is important in determining how to 

respond to such transactions. The 

information collected permits 

verification of compliance with 

securities laws requirements and 

ensures the public availability and 

dissemination of the collected 

information. We estimate that Schedule 

13E–3 is filed by approximately 600 

issuers annually and it takes 

approximately 137.25 hours per 

response. We estimate that 25% of the 

137.25 hours per response is prepared 

by the filer for a total annual reporting 

burden of 20,588 hours. 

Written comments are invited on: (a) 

Whether this 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 Thomas Bayer, 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 27, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–27591 Filed 11–1–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63193; File No. SR–CTA/ 

CQ–2010–04] 

Consolidated Tape Association; Notice 

of Filing and Immediate Effectiveness 

of the Seventeenth Substantive 

Amendment to the Second 

Restatement of the Consolidated Tape 

Association Plan and Thirteenth 

Substantive Amendment to the 

Restated Consolidated Quotation Plan 

October 27, 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 October 

19, 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 Seventeenth substantive 

amendment to the CTA Plan 

(‘‘Seventeenth Amendment to the CTA 

Plan’’) and the Thirteenth substantive 

amendment to the CQ Plan (‘‘Thirteenth 

Amendment to the CQ Plan’’), and 

reflects changes unanimously adopted 

by the Participants. The Seventeenth 

Amendment to the CTA Plan and the 

Thirteenth Amendment to the CQ Plan 

(‘‘Amendments’’) propose to add BATS 

Y–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 

BATS Y–Exchange, Inc. as a new 

Participant 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. 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices 67411 

5 17 CFR 200.30–3(a)(27). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

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–2010–04 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–2010–04. 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 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 

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–2010–04 and 

should be submitted on or before 

November 23, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.5

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–27666 Filed 11–1–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63191; File No. SR–CBOE– 

2010–094] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Related to the Hybrid 

Automatic Execution Feature 

October 27, 2010. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 

thereunder,2notice is hereby given that 

on October 19, 2010, the Chicago Board 

Options Exchange, Incorporated 

(‘‘Exchange’’ or ‘‘CBOE’’) 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 Exchange has 

designated the proposal as a ‘‘noncontroversial’’ proposed rule change 

pursuant to Section 19(b)(3)(A)(iii) of 

the Act 3 and Rule 19b–4(f)(6) 

thereunder.4 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 is proposing to amend 

CBOE Rule 6.13, CBOE Hybrid System’s 

Automatic Execution Feature, to 

provide additional clarity on the 

operation of the automatic execution 

feature. The text of the proposed rule 

change is available on the Exchange’s 

Web site (http://www.cboe.org/Legal), at 

the Exchange’s Office of the Secretary, 

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, the 

Exchange 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 

The purpose of this filing is to amend 

Rule 6.13 to provide additional clarity 

on the operation of CBOE’s Hybrid 

System automatic execution feature. In 

particular, the Exchange is proposing to 

amend the rule as follows: 

First, the Exchange is proposing to 

include additional cross references in 

Rule 6.13 to Rules 6.13A, Simple 

Auction Liaison (SAL), 6.14, Hybrid 

Agency Liaison (HAL), 6.14A, Hybrid 

Agency Liaison 2 (HAL2) and 6.45B, 

Priority and Allocation of Trades in 

Index Options and Options on ETFs on 

the CBOE Hybrid System. While Rule 

6.13 already contains cross references to 

these four rules, the Exchange believes 

the inclusion of the added cross 

references will provide additional 

clarity on the existing operation and 

interaction of the various processes 

within in [sic] the Hybrid System. 

Second, Rule 6.13 provides that the 

Exchange will designate the order size 

and order origin codes that are eligible 

for automatic execution. The Exchange 

is proposing to amend the rule to clarify 

that the Exchange will also designate 

the order types (e.g., market, limit, 

contingency, etc.) that are eligible for 

automatic execution. The inclusion of 

this order type provision is consistent 

with various other CBOE Rules under 

which the Exchange designates order 

size, origin code and order type, e.g., 

Rules 6.14, 6.14A and 6.53, Certain 

Types of Orders Defined. 

Third, the Exchange is proposing to 

replace specific references in Rule 6.13 

to routing order to BART (the booth 


hsrobinson on DSK69SOYB1PROD with NOTICES