80_FR_18733 80 FR 18667 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Section (a)(iv) of Rule 703, Financial Responsibility and Reporting

80 FR 18667 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Section (a)(iv) of Rule 703, Financial Responsibility and Reporting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18667-18669
FR Document2015-07882

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18667-18669]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07882]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74627; File No. SR-Phlx-2015-30]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
Section (a)(iv) of Rule 703, Financial Responsibility and Reporting

April 1, 2015.
    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 March 23, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I, II, and III, below, 
which Items have been substantially prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ See 15 U.S.C. 78s(b)(1).
    \2\ See 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend section (a)(iv) of Rule 703, 
Financial Responsibility and Reporting, as described below.\3\
---------------------------------------------------------------------------

    \3\ A Registered Options Trader or ROT is a regular member or a 
foreign currency options participant of the Exchange located on the 
trading floor who has received permission from the Exchange to trade 
in options for his own account. See Exchange Rule 1014(b)(i).
---------------------------------------------------------------------------

    The text of the proposed rule change is below. Proposed new 
language is in italics; proposed deletions are in brackets.

* * * * *

Rule 703. Financial Responsibility and Reporting

(a) Financial Responsibility Standards.--Each member organization 
effecting securities transactions shall comply with the capital 
requirements set forth below:
(i) each member organization subject to SEC

[[Page 18668]]

rule 15c3-1 shall at all times comply with said rule and the 
notification provisions of SEC rule 17a-11;
(ii) each member organization exempt from SEC rule 15c3-1 shall, at 
the time of its admission to the Exchange, have a minimum of $25,000 
in net liquid assets;
(iii) each member organization or foreign currency options 
participant organization exempt from SEC Rule 15c3-1 and whose 
principal business is as a registered options trader on the 
Exchange, shall, subject to subparagraph (iv) below, at all times 
maintain a minimum of $25,000 in net liquid assets;
(iv) each member organization referred to in paragraph (iii) above 
shall at all times maintain positive net liquid assets and, in its 
clearing account(s), positive equity, provided that said 
organization has filed with the Exchange a letter of guarantee 
issued on its behalf by a clearing member organization of this 
Exchange which is also a clearing member of the Options Clearing 
Corporation. In said letter the clearing member organization 
guarantees the financial responsibilities of said organization for 
all transactions and balances carried and cleared in the clearing 
account(s). [Such guarantee shall remain in effect until the 
Exchange receives from the clearing member organization written 
notice of its intent to cancel its guarantee. Written notice of such 
cancellation received by the Exchange at least one-half hour before 
the normal opening of trading shall take effect on the day of 
receipt; written notice received less than one-half hour before the 
opening of trading shall take effect on the opening of the business 
day following Exchange receipt.] Such letter of guarantee filed with 
the Exchange shall remain in effect until a written notice of 
revocation has been filed with the Exchange by the clearing member 
organization. A revocation shall in no way relieve a clearing member 
organization of responsibility for transactions guaranteed prior to 
the effective date of such revocation.
(v)-(viii) No change.
(b)-(f) No change.
* * * Commentary No change.
* * * * *

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 Exchange has prepared summaries, set forth in 
sections II.A., II.B., and II.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 purpose of the proposed rule change is to modernize the 
Exchange's rules regarding the termination of letters of guarantee 
provided by clearing member organizations which guarantee the financial 
responsibilities of non-clearing member organizations. The proposal 
would permit clearing member organizations to terminate letters of 
guarantee which guarantee the financial responsibilities of non-
clearing member organizations on an intraday basis. The amendment would 
conform this aspect of Rule 703 to the Letter of Guarantee termination 
provisions of the NASDAQ Options Market (``NOM'') and NASDAQ OMX BX, 
Inc. (``BX'') rules.\4\
---------------------------------------------------------------------------

    \4\ Chapter VII, Section 8(c) of the BX Rules provides in 
relevant part that ``[a] Letter of Guarantee filed with BX 
Regulation shall remain in effect until a written notice of 
revocation has been filed with BX Regulation by the Guarantor 
Clearing Participant.'' Chapter VII, Section 8(c) of the NOM rules 
is nearly identical, stating that ``[a] Letter of Guarantee filed 
with Nasdaq Regulation shall remain in effect until a written notice 
of revocation has been filed with Nasdaq Regulation by the Guarantor 
Clearing Participant.'' The BX and NOM rules also state, like the 
Phlx proposal, that a revocation shall in no way relieve the issuer 
of responsibility for transactions guaranteed prior to the effective 
date of such revocation.
---------------------------------------------------------------------------

    Currently, Rule 703(a)(iv) provides that a clearing member 
guarantee remains in effect until the Exchange receives from the 
clearing member organization written notice of its intent to cancel its 
guarantee. It further provides that written notice of such cancellation 
received by the Exchange at least one-half hour before the normal 
opening of trading shall take effect on the day of receipt, except that 
written notice received less than one-half hour before the opening of 
trading shall take effect only on the opening of the business day 
following Exchange receipt. Consequently, a guaranteeing clearing 
member organization concerned about its guaranteed member 
organization's credit is unable to terminate its guarantee on an 
intraday basis.
    The proposed amendment to Rule 703(a)(iv) would enable the 
guaranteeing clearing member organization to terminate the guarantee 
during the trading day, avoiding financial responsibility for trades 
that would otherwise have occurred during the rest of the day for which 
the guaranteeing member would, under the current rule, remain 
financially responsible. As stated above, the change would conform the 
Phlx rule to the NOM and BX rules which permit revocation of a Letter 
of Guarantee to take effect upon filing of a written notice of 
revocation, which permits termination to become effective without 
waiting until the next trading day. The Exchange will terminate the 
registered options trader's access to trading as soon as it processes 
the withdrawn guarantee. Clearing member organizations will therefore 
be able to react more quickly under the amended rule to any potential 
rapid deterioration in the guaranteed entity's condition.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \5\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \6\ in particular, in that it is 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, 
by permitting clearing member organizations to revoke letters of 
guarantee effective upon filing written notice of revocation with the 
Exchange. The proposal should encourage additional clearing member 
organizations to consider issuing letters of guarantee, knowing they 
may revoke the guarantee more quickly upon an adverse change in the 
guaranteed entity's circumstances than is currently permitted under 
Rule 703(a)(iv).
---------------------------------------------------------------------------

    \5\ See 15 U.S.C. 78f(b).
    \6\ See 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 not necessary or appropriate in 
furtherance of the purposes of the Act because the proposed change 
would apply to all issuers of clearing member guarantees equally and 
because it would also apply equally to all guaranteed entities whose 
guarantees are revoked under Rule 703(a)(iv).

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or 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

[[Page 18669]]

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)(ii) of the Act \7\ and subparagraph (f)(6) of Rule 19b-4 
thereunder.\8\
---------------------------------------------------------------------------

    \7\ See 15 U.S.C. 78s(b)(3)(a)(ii).
    \8\ See 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 change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

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 email to rule-comments@sec.gov. Please include 
File Number SR-Phlx-2015-30 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2015-30. This file 
number should be included on the subject line if email 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 10:00 a.m. and 
3:00 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-Phlx-2015-30 and 
should be submitted on or before April 28, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ See 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-07882 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 8011-01-P



                                                                                  Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices                                                   18667

                                                  B. Self-Regulatory Organization’s                       it appears to the Commission that such                ISEGemini–2015–08, and should be
                                                  Statement on Burden on Competition                      action is: (i) Necessary or appropriate in            submitted on or before April 28, 2015.
                                                     The Exchange believes the proposal is                the public interest; (ii) for the protection            For the Commission, by the Division of
                                                  consistent with Section 6(b)(8) of the                  of investors; or (iii) otherwise in                   Trading and Markets, pursuant to delegated
                                                  Act 6 in that it does not impose any                    furtherance of the purposes of the Act.               authority.9
                                                  burden on competition that is not                       If the Commission takes such action, the              Brent J. Fields,
                                                  necessary or appropriate in furtherance                 Commission shall institute proceedings                Secretary.
                                                  of the purposes of the Act. The                         to determine whether the proposed rule
                                                                                                                                                                [FR Doc. 2015–07849 Filed 4–6–15; 8:45 am]
                                                  proposed rule change is not designed to                 should be approved or disapproved.
                                                                                                                                                                BILLING CODE CODE 8011–01–P
                                                  address any aspect of competition, but                  IV. Solicitation of Comments
                                                  would provide authority for the
                                                                                                            Interested persons are invited to
                                                  Exchange to directly share risk settings                                                                      SECURITIES AND EXCHANGE
                                                                                                          submit written data, views, and
                                                  with Clearing Members regarding the                                                                           COMMISSION
                                                                                                          arguments concerning the foregoing,
                                                  Members with whom the Clearing
                                                                                                          including whether the proposed rule                   [Release No. 34–74627; File No. SR–Phlx–
                                                  Member has executed a letter of
                                                                                                          change is consistent with the Act.                    2015–30]
                                                  guarantee so the Clearing Member can
                                                                                                          Comments may be submitted by any of
                                                  better monitor and manage the potential                                                                       Self-Regulatory Organizations;
                                                                                                          the following methods:
                                                  risks assumed by the Members, thereby                                                                         NASDAQ OMX PHLX LLC; Notice of
                                                  providing them with greater control and                 Electronic Comments                                   Filing and Immediate Effectiveness of
                                                  flexibility over setting their own risk                   • Use the Commission’s Internet                     Proposed Rule Change To Amend
                                                  tolerance and exposure. The proposed                    comment form (http://www.sec.gov/                     Section (a)(iv) of Rule 703, Financial
                                                  rule change does not pose an undue                      rules/sro.shtml); or                                  Responsibility and Reporting
                                                  burden on non-Clearing Members                            • Send an email to rule-comments@
                                                  because, unlike Clearing Members, non-                  sec.gov. Please include File Number SR–               April 1, 2015.
                                                  Clearing Members do not guarantee the                   ISEGemini 2015–08 on the subject line.                   Pursuant to Section 19(b)(1) of the
                                                  execution of the Member transactions                                                                          Securities Exchange Act of 1934
                                                  on the Exchange. The proposed rule                      Paper Comments                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  change is structured to offer the same                     • Send paper comments in triplicate                notice is hereby given that on March 23,
                                                  enhancement to all Clearing Members,                    to Secretary, Securities and Exchange                 2015, NASDAQ OMX PHLX LLC
                                                  regardless of size, and would not                       Commission, 100 F Street NE.,                         (‘‘Phlx’’ or ‘‘Exchange’’) filed with the
                                                  impose a competitive burden on any                      Washington, DC 20549–1090.                            Securities and Exchange Commission
                                                  participant.                                            All submissions should refer to File                  (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                  C. Self-Regulatory Organization’s                       Number SR–ISEGemini–2015–08. This                     rule change as described in Items I, II,
                                                  Statement on Comments on the                            file number should be included on the                 and III, below, which Items have been
                                                  Proposed Rule Change Received From                      subject line if email is used. To help the            substantially prepared by the Exchange.
                                                  Members, Participants, or Others                        Commission process and review your                    The Commission is publishing this
                                                                                                          comments more efficiently, please use                 notice to solicit comments on the
                                                    The Exchange has not solicited, and                   only one method. The Commission will                  proposed rule change from interested
                                                  does not intend to solicit, comments on                 post all comments on the Commission’s                 persons.
                                                  this proposed rule change. The                          Internet Web site (http://www.sec.gov/
                                                  Exchange has not received any                                                                                 I. Self-Regulatory Organization’s
                                                                                                          rules/sro.shtml). Copies of the
                                                  unsolicited written comments from                                                                             Statement of the Terms of Substance of
                                                                                                          submission, all subsequent
                                                  members or other interested parties.                                                                          the Proposed Rule Change
                                                                                                          amendments, all written statements
                                                  III. Date of Effectiveness of the                       with respect to the proposed rule                        The Exchange proposes to amend
                                                  Proposed Rule Change and Timing for                     change that are filed with the                        section (a)(iv) of Rule 703, Financial
                                                  Commission Action                                       Commission, and all written                           Responsibility and Reporting, as
                                                                                                          communications relating to the                        described below.3
                                                     The Exchange believes that the
                                                                                                          proposed rule change between the                         The text of the proposed rule change
                                                  foregoing proposed rule change may
                                                                                                          Commission and any person, other than                 is below. Proposed new language is in
                                                  take effect upon filing with the
                                                                                                          those that may be withheld from the                   italics; proposed deletions are in
                                                  Commission pursuant to
                                                                                                          public in accordance with the                         brackets.
                                                  Section19(b)(3)(A) 7 of the Act and Rule
                                                  19b–4(f)(6) thereunder 8 because the                    provisions of 5 U.S.C. 552, will be
                                                                                                                                                                *           *   *    *     *
                                                  foregoing proposed rule change does not                 available for Web site viewing and
                                                                                                          printing in the Commission’s Public                   Rule 703. Financial Responsibility and
                                                  (i) significantly affect the protection of                                                                    Reporting
                                                  investors or the public interest, (ii)                  Reference Room, 100 F Street NE.,
                                                                                                          Washington, DC 20549, on official                     (a) Financial Responsibility Standards.—
                                                  impose any significant burden on                                                                                   Each member organization effecting
                                                  competition, and (iii) become operative                 business days between the hours of
                                                                                                                                                                     securities transactions shall comply with
                                                  for 30 days after its filing date, or such              10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                                                                     the capital requirements set forth below:
                                                  shorter time as the Commission may                      filing also will be available for                     (i) each member organization subject to SEC
                                                  designate.                                              inspection and copying at the principal
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                                                     At any time within 60 days of the                    offices of the Exchange. All comments                     9 17
                                                                                                                                                                       CFR 200.30–3(a)(12).
                                                  filing of the proposed rule change, the                 received will be posted without change;                   1 See
                                                                                                                                                                        15 U.S.C. 78s(b)(1).
                                                  Commission summarily may                                the Commission does not edit personal                   2 See 17 CFR 240.19b–4.

                                                  temporarily suspend such rule change if                 identifying information from                            3 A Registered Options Trader or ROT is a regular

                                                                                                          submissions. You should submit only                   member or a foreign currency options participant of
                                                                                                                                                                the Exchange located on the trading floor who has
                                                    6 15 U.S.C. 78f(b)(8).                                information that you wish to make                     received permission from the Exchange to trade in
                                                    7 15 U.S.C. 78s(b)(3)(A).                             available publicly. All submissions                   options for his own account. See Exchange Rule
                                                    8 17 CFR 240.19b-4(f)(6).                             should refer to File Number SR–                       1014(b)(i).



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                                                  18668                           Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices

                                                        rule 15c3–1 shall at all times comply             A. Self-Regulatory Organization’s                         NOM and BX rules which permit
                                                        with said rule and the notification               Statement of the Purpose of, and                          revocation of a Letter of Guarantee to
                                                        provisions of SEC rule 17a–11;                    Statutory Basis for, the Proposed Rule                    take effect upon filing of a written
                                                  (ii) each member organization exempt from               Change                                                    notice of revocation, which permits
                                                        SEC rule 15c3–1 shall, at the time of its
                                                                                                          1. Purpose                                                termination to become effective without
                                                        admission to the Exchange, have a
                                                        minimum of $25,000 in net liquid assets;
                                                                                                                                                                    waiting until the next trading day. The
                                                                                                             The purpose of the proposed rule                       Exchange will terminate the registered
                                                  (iii) each member organization or foreign
                                                                                                          change is to modernize the Exchange’s                     options trader’s access to trading as
                                                        currency options participant
                                                        organization exempt from SEC Rule
                                                                                                          rules regarding the termination of letters                soon as it processes the withdrawn
                                                        15c3–1 and whose principal business is            of guarantee provided by clearing                         guarantee. Clearing member
                                                        as a registered options trader on the             member organizations which guarantee                      organizations will therefore be able to
                                                        Exchange, shall, subject to subparagraph          the financial responsibilities of non-                    react more quickly under the amended
                                                        (iv) below, at all times maintain a               clearing member organizations. The                        rule to any potential rapid deterioration
                                                        minimum of $25,000 in net liquid assets;          proposal would permit clearing member                     in the guaranteed entity’s condition.
                                                  (iv) each member organization referred to in            organizations to terminate letters of
                                                        paragraph (iii) above shall at all times          guarantee which guarantee the financial                   2. Statutory Basis
                                                        maintain positive net liquid assets and,          responsibilities of non-clearing member                      The Exchange believes that its
                                                        in its clearing account(s), positive equity,      organizations on an intraday basis. The                   proposal is consistent with Section 6(b)
                                                        provided that said organization has filed         amendment would conform this aspect                       of the Act 5 in general, and furthers the
                                                        with the Exchange a letter of guarantee           of Rule 703 to the Letter of Guarantee
                                                        issued on its behalf by a clearing member                                                                   objectives of Section 6(b)(5) of the Act 6
                                                                                                          termination provisions of the NASDAQ                      in particular, in that it is designed to
                                                        organization of this Exchange which is
                                                        also a clearing member of the Options
                                                                                                          Options Market (‘‘NOM’’) and NASDAQ                       promote just and equitable principles of
                                                        Clearing Corporation. In said letter the          OMX BX, Inc. (‘‘BX’’) rules.4                             trade, to remove impediments to and
                                                        clearing member organization guarantees              Currently, Rule 703(a)(iv) provides                    perfect the mechanism of a free and
                                                        the financial responsibilities of said            that a clearing member guarantee                          open market and a national market
                                                        organization for all transactions and             remains in effect until the Exchange                      system, and, in general to protect
                                                        balances carried and cleared in the               receives from the clearing member                         investors and the public interest, by
                                                        clearing account(s). [Such guarantee              organization written notice of its intent                 permitting clearing member
                                                        shall remain in effect until the Exchange         to cancel its guarantee. It further                       organizations to revoke letters of
                                                        receives from the clearing member                 provides that written notice of such                      guarantee effective upon filing written
                                                        organization written notice of its intent         cancellation received by the Exchange at
                                                        to cancel its guarantee. Written notice of
                                                                                                                                                                    notice of revocation with the Exchange.
                                                                                                          least one-half hour before the normal                     The proposal should encourage
                                                        such cancellation received by the                 opening of trading shall take effect on
                                                        Exchange at least one-half hour before                                                                      additional clearing member
                                                                                                          the day of receipt, except that written                   organizations to consider issuing letters
                                                        the normal opening of trading shall take          notice received less than one-half hour
                                                        effect on the day of receipt; written                                                                       of guarantee, knowing they may revoke
                                                                                                          before the opening of trading shall take                  the guarantee more quickly upon an
                                                        notice received less than one-half hour
                                                        before the opening of trading shall take          effect only on the opening of the                         adverse change in the guaranteed
                                                        effect on the opening of the business day         business day following Exchange                           entity’s circumstances than is currently
                                                        following Exchange receipt.] Such letter          receipt. Consequently, a guaranteeing                     permitted under Rule 703(a)(iv).
                                                        of guarantee filed with the Exchange              clearing member organization
                                                        shall remain in effect until a written            concerned about its guaranteed member                     B. Self-Regulatory Organization’s
                                                        notice of revocation has been filed with          organization’s credit is unable to                        Statement on Burden on Competition
                                                        the Exchange by the clearing member               terminate its guarantee on an intraday                       The Exchange does not believe that
                                                        organization. A revocation shall in no            basis.
                                                        way relieve a clearing member
                                                                                                                                                                    the proposed rule change will impose
                                                                                                             The proposed amendment to Rule                         any burden on competition not
                                                        organization of responsibility for                703(a)(iv) would enable the
                                                        transactions guaranteed prior to the                                                                        necessary or appropriate in furtherance
                                                                                                          guaranteeing clearing member                              of the purposes of the Act because the
                                                        effective date of such revocation.                organization to terminate the guarantee
                                                  (v)–(viii) No change.                                                                                             proposed change would apply to all
                                                                                                          during the trading day, avoiding
                                                  (b)–(f) No change.                                                                                                issuers of clearing member guarantees
                                                  * * * Commentary No change.                             financial responsibility for trades that
                                                                                                                                                                    equally and because it would also apply
                                                                                                          would otherwise have occurred during
                                                  *      *     *       *      *                                                                                     equally to all guaranteed entities whose
                                                                                                          the rest of the day for which the
                                                                                                                                                                    guarantees are revoked under Rule
                                                  II. Self-Regulatory Organization’s                      guaranteeing member would, under the
                                                                                                                                                                    703(a)(iv).
                                                  Statement of the Purpose of, and                        current rule, remain financially
                                                  Statutory Basis for, the Proposed Rule                  responsible. As stated above, the change                  C. Self-Regulatory Organization’s
                                                  Change                                                  would conform the Phlx rule to the                        Statement on Comments on the
                                                                                                                                                                    Proposed Rule Change Received From
                                                    In its filing with the Commission, the                   4 Chapter VII, Section 8(c) of the BX Rules
                                                                                                                                                                    Members, Participants, or Others
                                                  Exchange included statements                            provides in relevant part that ‘‘[a] Letter of
                                                                                                          Guarantee filed with BX Regulation shall remain in          No written comments were either
                                                  concerning the purpose of and basis for                 effect until a written notice of revocation has been      solicited or received.
                                                  the proposed rule change and discussed                  filed with BX Regulation by the Guarantor Clearing
                                                                                                                                                                    III. Date of Effectiveness of the
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                                                  any comments it received on the                         Participant.’’ Chapter VII, Section 8(c) of the NOM
                                                                                                          rules is nearly identical, stating that ‘‘[a] Letter of   Proposed Rule Change and Timing for
                                                  proposed rule change. The text of these                 Guarantee filed with Nasdaq Regulation shall
                                                  statements may be examined at the                       remain in effect until a written notice of revocation
                                                                                                                                                                    Commission Action
                                                  places specified in Item IV below. The                  has been filed with Nasdaq Regulation by the                 Because the foregoing proposed rule
                                                  Exchange has prepared summaries, set                    Guarantor Clearing Participant.’’ The BX and NOM
                                                                                                          rules also state, like the Phlx proposal, that a
                                                                                                                                                                    change does not: (i) Significantly affect
                                                  forth in sections II.A., II.B., and II.C.               revocation shall in no way relieve the issuer of
                                                  below, of the most significant aspects of               responsibility for transactions guaranteed prior to        5 See   15 U.S.C. 78f(b).
                                                  such statements.                                        the effective date of such revocation.                     6 See   15 U.S.C. 78f(b)(5).



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                                                                                   Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices                                                 18669

                                                  the protection of investors or the public                Commission, and all written                           409 3rd Street SW., Suite 6050,
                                                  interest; (ii) impose any significant                    communications relating to the                        Washington, DC 20416.
                                                  burden on competition; and (iii) become                  proposed rule change between the                      SUPPLEMENTARY INFORMATION: The notice
                                                  operative for 30 days from the date on                   Commission and any person, other than                 of the President’s major disaster
                                                  which it was filed, or such shorter time                 those that may be withheld from the                   declaration for Private Non-Profit
                                                  as the Commission may designate, it has                  public in accordance with the                         organizations in the State of Hawaii,
                                                  become effective pursuant to Section                     provisions of 5 U.S.C. 552, will be                   dated 03/04/2015, is hereby amended to
                                                  19(b)(3)(A)(ii) of the Act 7 and                         available for Web site viewing and                    establish the incident period for this
                                                  subparagraph (f)(6) of Rule 19b–4                        printing in the Commission’s Public                   disaster as beginning 09/04/2014 and
                                                  thereunder.8                                             Reference Room, 100 F Street NE.,                     continuing through 03/25/2015. All
                                                     At any time within 60 days of the                     Washington, DC 20549, on official                     other information in the original
                                                  filing of the proposed rule change, the                  business days between the hours of                    declaration remains unchanged.
                                                  Commission summarily may                                 10:00 a.m. and 3:00 p.m. Copies of the                (Catalog of Federal Domestic Assistance
                                                  temporarily suspend such rule change if                  filing also will be available for                     Numbers 59002 and 59008)
                                                  it appears to the Commission that such                   inspection and copying at the principal
                                                  action is: (i) Necessary or appropriate in               office of the Exchange. All comments                  James E. Rivera,
                                                  the public interest; (ii) for the protection             received will be posted without change;               Associate Administrator for Disaster
                                                  of investors; or (iii) otherwise in                      the Commission does not edit personal                 Assistance.
                                                  furtherance of the purposes of the Act.                  identifying information from                          [FR Doc. 2015–07890 Filed 4–6–15; 8:45 am]
                                                  If the Commission takes such action, the                 submissions. You should submit only                   BILLING CODE CODE 8025–01–P
                                                  Commission shall institute proceedings                   information that you wish to make
                                                  to determine whether the proposed rule                   available publicly.
                                                  should be approved or disapproved.                          All submissions should refer to File               SOCIAL SECURITY ADMINISTRATION
                                                                                                           Number SR–Phlx–2015–30 and should
                                                  IV. Solicitation of Comments                                                                                   [Docket No: SSA–2015–0015]
                                                                                                           be submitted on or before April 28,
                                                    Interested persons are invited to                      2015.                                                 Agency Information Collection
                                                  submit written data, views, and                            For the Commission, by the Division of              Activities: Proposed Request and
                                                  arguments concerning the foregoing,                      Trading and Markets, pursuant to delegated            Comment Request
                                                  including whether the proposed rule                      authority.9
                                                  change is consistent with the Act.                       Brent J. Fields,                                         The Social Security Administration
                                                  Comments may be submitted by any of                      Secretary.                                            (SSA) publishes a list of information
                                                  the following methods:                                                                                         collection packages requiring clearance
                                                                                                           [FR Doc. 2015–07882 Filed 4–6–15; 8:45 am]
                                                  Electronic Comments                                      BILLING CODE CODE 8011–01–P                           by the Office of Management and
                                                                                                                                                                 Budget (OMB) in compliance with
                                                    • Use the Commission’s Internet                                                                              Public Law 104–13, the Paperwork
                                                  comment form (http://www.sec.gov/                                                                              Reduction Act of 1995, effective October
                                                  rules/sro.shtml); or                                     SMALL BUSINESS ADMINISTRATION
                                                                                                                                                                 1, 1995. This notice includes revisions
                                                    • Send an email to rule-comments@                      [Disaster Declaration #14241 and #14242]              of OMB-approved information
                                                  sec.gov. Please include File Number SR–
                                                                                                                                                                 collections.
                                                  Phlx–2015–30 on the subject line.                        Hawaii Disaster Number HI–00035                          SSA is soliciting comments on the
                                                  Paper Comments                                           AGENCY: U.S. Small Business                           accuracy of the agency’s burden
                                                                                                           Administration.                                       estimate; the need for the information;
                                                    • Send paper comments in triplicate
                                                                                                           ACTION: Amendment 1.
                                                                                                                                                                 its practical utility; ways to enhance its
                                                  to Brent J. Fields, Secretary, Securities
                                                                                                                                                                 quality, utility, and clarity; and ways to
                                                  and Exchange Commission, 100 F Street
                                                                                                           SUMMARY:   This is an amendment of the                minimize burden on respondents,
                                                  NE., Washington, DC 20549–1090.
                                                                                                           Presidential declaration of a major                   including the use of automated
                                                  All submissions should refer to File                     disaster for Public Assistance Only for               collection techniques or other forms of
                                                  Number SR–Phlx–2015–30. This file                        the State of Hawaii (FEMA–4201–DR),                   information technology. Mail, email, or
                                                  number should be included on the                         dated 03/04/2015.                                     fax your comments and
                                                  subject line if email is used. To help the                 Incident: Pu u O o Volcanic Eruption                recommendations on the information
                                                  Commission process and review your                       and Lava Flow.                                        collection(s) to the OMB Desk Officer
                                                  comments more efficiently, please use                      Incident Period: 09/04/2014 through                 and SSA Reports Clearance Officer at
                                                  only one method. The Commission will                     03/25/2015.                                           the following addresses or fax numbers.
                                                  post all comments on the Commission’s                      Effective Date: 03/25/2015.                            (OMB)
                                                  Internet Web site (http://www.sec.gov/                     Physical Loan Application Deadline                  Office of Management and Budget, Attn:
                                                  rules/sro.shtml).                                        Date: 05/04/2015.                                        Desk Officer for SSA, Fax: 202–395–
                                                    Copies of the submission, all                            Economic Injury (EIDL) Loan                            6974, Email address: OIRA_
                                                  subsequent amendments, all written                       Application Deadline Date: 12/04/2015.                   Submission@omb.eop.gov
                                                  statements with respect to the proposed                  ADDRESSES: Submit completed loan                      (SSA), Social Security Administration,
                                                  rule change that are filed with the                      applications to: U.S. Small Business                     OLCA, Attn: Reports Clearance
                                                                                                           Administration, Processing and                           Director, 3100 West High Rise, 6401
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    7 See  15 U.S.C. 78s(b)(3)(a)(ii).
                                                    8 See
                                                                                                           Disbursement Center, 14925 Kingsport                     Security Blvd., Baltimore, MD 21235,
                                                           17 CFR 240.19b–4(f)(6). In addition, Rule
                                                  19b–4(f)(6) requires a self-regulatory organization to   Road, Fort Worth, TX 76155.                              Fax: 410–966–2830, Email address:
                                                  give the Commission written notice of its intent to      FOR FURTHER INFORMATION CONTACT: A                       OR.Reports.Clearance@ssa.gov.
                                                  file the proposed rule change at least five business     Escobar, Office of Disaster Assistance,                  Or you may submit your comments
                                                  days prior to the date of filing of the proposed rule
                                                  change, or such shorter time as designated by the        U.S. Small Business Administration,                   online through www.regulations.gov,
                                                  Commission. The Exchange has satisfied this                                                                    referencing Docket ID Number [SSA–
                                                  requirement.                                               9 See   17 CFR 200.30–3(a)(12).                     2015–0015].


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Document Created: 2018-02-21 10:04:59
Document Modified: 2018-02-21 10:04:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 18667 

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