Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65041 

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

2 17 CFR 240.19b–4. 3 15 U.S.C. 78f(b). 

4 15 U.S.C. 78f(b)(5). 

5 15 U.S.C. 78s(b)(3)(A). 

6 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires that a self-regulatory 

organization submit to the Commission written 

notice of its intent to file the proposed rule change, 

along with a brief description and text of the 

proposed rule change, at least five business days 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Exchange has satisfied this 

requirement. 

benefit recipients, Federal agencies and 

Federal employees. The currently 

approved collection has been revised to 

exclude performance measurement 

surveys and program services evaluation 

surveys. Only those surveys relating 

specifically to customer satisfaction will 

be associated with OMB Control No. 

3206–0236. We estimate 495,182 

customer satisfaction surveys will be 

completed in the next 3 years. The time 

estimate varies from 2 minutes to 30 

minutes to complete. The estimated 

burden is 34,152 hours. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. 2010–26541 Filed 10–20–10; 8:45 am] 

BILLING CODE 6325–47–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63116; File No. SR– 

NYSEArca–2010–89] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending NYSE Arca 

Equities Rule 7.37, Order Execution, To 

Clarify Users’ Ability To Instruct NYSE 

Arca To Bypass Non-Regulation NMS 

Protected Market Centers When 

Routing Away 

October 15, 2010. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) and Rule 19b–4 thereunder,2

notice is hereby given that, on October 

13, 2010, NYSE Arca, Inc. (the 

‘‘Exchange’’ or ‘‘NYSE Arca’’) 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 self-regulatory 

organization. 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 Arca Equities Rule 7.37, Order 

Execution, to clarify Users’ ability to 

instruct NYSE Arca to bypass nonRegulation NMS protected market 

centers when routing away. The text of 

the proposed rule change is available at 

the Exchange, the Commission’s Public 

Reference Room, at the Commission’s 

Web site at http://www.sec.gov, 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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend 

NYSE Arca Equities Rule 7.37, Order 

Execution, to clarify Users’ ability to 

instruct NYSE Arca when routing 

eligible unexecuted orders to bypass any 

market centers that are not posting 

Protected Quotations within the 

meaning of Regulation NMS. 

In March 2008, NYSE Arca Equities 

began offering clients access to 

undisplayed liquidity via Indications of 

Interest by adding several new routing 

venues (‘‘IOI Routing Functionality’’). In 

May 2008, NYSE Arca Equities provided 

Users the ability to opt out of this IOI 

Routing Functionality. Users are 

currently able to opt out of IOI Routing 

Functionality while retaining the ability 

to use the full array of routable orders 

by marking any routable order as not 

eligible to route to market centers that 

are not posting Protected Quotations. 

In order to increase awareness of this 

option, the Exchange now proposes to 

add the following text to proposed Rule 

7.37(d)(4): 

For an order that has not been 

executed in its entirety pursuant to 

paragraphs (a) through (c) of this Rule, 

and which is otherwise eligible to route 

away, Users may instruct NYSE Arca to 

bypass any market centers that are not 

posting Protected Quotations within the 

meaning of Regulation NMS. 

The Exchange also notes that the 

proposed rule is substantially similar to 

Nasdaq Rule 4758 (1)(A)(iv). 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) 3 of the Act, 

in general, and furthers the objectives of 

Section 6(b)(5) 4 in particular in that it 

is designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, 

and to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system. The Exchange believes that the 

proposed amendment is consistent with 

the goal of removing impediments to a 

free and open market because the 

changes proposed herein will clarify 

currently existing routing options 

designed to give Users flexibility and 

control over how their orders route to 

away market centers. 

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 5 and Rule 19b– 

4(f)(6)(iii) thereunder.6

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
65042 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

7 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

5Options classes will be transferred from the 

current trading platform to the new trading 

platform. The same options cannot trade on both 

systems at the same time. The Exchange has been 

working with its members to assure a smooth 

transition to the new trading platform and will 

continue to do so up to the launch of the new 

technology and during the Transition Period. The 

name of the new trading platform, which as yet 

remains unannounced, will be communicated to 

Exchange members via circular. 

6See NYSE Arca Rule 6.62(r) which defines an 

‘‘Opening Only Order’’ as ‘‘a market order or limit 

order which is to be executed in whole or in part 

during the opening auction of an options series or 

not at all. Any portion not so executed is to be 

treated as cancelled.’’ See also NASDAQ OMX 

PHLX (‘‘PHLX’’) Rule 1066(c)(5), which defines an 

‘‘Opening-Only-Market Order’’ as ‘‘a market order 

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 

No. SR–NYSEArca–2010–89 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 No. 

SR–NYSEArca–2010–89. 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 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 NYSE 

Arca. 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 No. 

SR–NYSEArca–2010–89 and should be 

submitted on or before November 12, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–26508 Filed 10–20–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63117; File No. SR–ISE– 

2010–101] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Enhancements to 

the Exchange’s Electronic Trading 

Platform 

October 15, 2010. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on October 

7, 2010, International Securities 

Exchange, LLC (‘‘ISE’’ 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 

Exchange has filed the proposal as a 

‘‘non-controversial’’ 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 proposes to amend 

certain rules to facilitate enhancements 

to its electronic options trading system. 

The text of the proposed rule change is 

available on the Exchange’s Web site 

http://www.ise.com, at the principal 

office of the Exchange, at the 

Commission’s Public Reference Room, 

and on the Commission’s Web site at 

http://www.sec.gov. 

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 these 

statements may be examined at the 

places specified in Item IV below. The 

self-regulatory organization 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 

The Exchange has developed an 

enhanced technology trading platform. 

To assure a smooth transition, the 

Exchange will migrate option classes 

from its current trading system to the 

new trading system over time (the 

‘‘Transition Period’’).5 While the new 

trading platform will conform to the 

ISE’s current trading rules, with a few 

proposed changes discussed below, 

some functionality offered on the 

current system will be phased-in during 

the initial implementation of the new 

trading platform. Accordingly, the 

Exchange seeks to identify in its rules 

any differences in the execution of 

orders on the new trading platform 

during the Transition Period. The 

Exchange will issue an information 

circular regarding these rule changes, 

and will also issue information circulars 

prior to transferring options classes to 

the new trading platform during the 

Transition Period. 

Changes to Existing ISE Rules 

The Exchange proposes to implement 

two new order types, Opening Only 

Orders and Good-Till-Date Orders on 

the new trading platform. An Opening 

Only order is a limit order that can be 

entered for the opening rotation only. 

Any portion of the order that is not 

executed during the opening rotation is 

cancelled. This order type currently is 

available on other options exchanges.6


jlentini on DSKJ8SOYB1PROD with NOTICES