[Federal Register: April 6, 2007 (Volume 72, Number 66)]
[Notices]
[Page 17212-17215]
[DOCID:fr06ap07-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55552; File No. SR-Phlx-2006-87]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change, and Amendment Nos. 1 and 2
Thereto, Relating to Options Exchange Officials

March 29, 2007.
    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 December 14, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change. On February 23, 2007, the
Exchange filed Amendment No.1 to the proposed rule change. On March 15,
2007, the Exchange filed Amendment No. 2 to the proposed rule change.
The proposed rule change is described in Items I, II, and III, below,
which Items have been prepared substantially by the Phlx. The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to amend various rules related to dispute
resolution, requests for relief from the requirements of certain rules,
trading halts and order and decorum, by transferring the
responsibilities from Exchange Floor Officials \3\ to a new category of
Exchange staff that would be known as an Options Exchange Official
(``OEO''), as described more fully below. OEOs would replace, and
assume all authority and responsibility currently handled by, Floor
Officials. Thus, Floor Officials would cease to exist on the Exchange.
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    \3\ See Exchange By-Law Article VIII.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://www.phlx.com, at the Phlx, 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 Phlx 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 Phlx 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 purpose of the proposed rule change is to establish a new
category of Exchange staff, the OEO.\4\ The purpose of Amendment No. 1,
which replaces the previous filing in its entirety, is to clarify that
OEOs would replace, and assume all authority and responsibility
currently handled by, Floor Officials, and to make other technical
amendments to the previously submitted rule text. Amendment No. 2

makes clarifying changes to the purpose section and technical
corrections to the proposed rule text.
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    \4\ OEO jurisdiction would be limited to the Exchange's options
trading floor and systems. While acting in a similar capacity to
Equity Exchange Officials, OEOs would not share any responsibilities
or authority with Equity Exchange Officials. See Securities Exchange
Act Release No. 54538 (September 28, 2006), 71 FR 59184 (October 6,
2006) (SR-Phlx-2006-43) (Order approving the Exchange's new
electronic equity trading system, XLE).
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    Pursuant to Exchange By-Law Article VIII, Floor Officials, as
designees \5\ of the Chairpersons of the Options Committee,\6\ and
Foreign Currency Options Committee,\7\ respectively, are authorized to
administer the provisions of Exchange By-Laws and Rules of the Exchange
pertaining to the respective trading floors and the immediately
adjacent premises of the Exchange. They may impose penalties, as
applicable, for breaches of their rules or regulations relating to
order, decorum, health, safety and welfare on the respective trading
floors. Additionally, they may rule to nullify, or adjust the terms of,
executed trades under specific and limited conditions contained in
Exchange rules, and may grant relief from certain requirements of on-
floor members and member organizations if authorized to do so by rule.
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    \5\ The designees of the respective floor Committee chairpersons
are generally members of the respective committees and subcommittees
thereof.
    \6\ The Options Committee has general supervision of the
dealings of members on the options trading floor. See Exchange By-
Law Article X, Section 10-20.
    \7\ The Foreign Currency Options Committee has general
supervision of the dealings of members on the foreign currency
options trading floor. See Exchange By-Law Article X, Section 10-17.
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    As described more fully below, in some instances an OEO would
assume responsibilities of Exchange staff, particularly in the
situation where certain current Floor Official decisions require
concurrence of a Market Surveillance officer. In other instances, one
single OEO would be authorized to rule on matters that currently
require a decision from two Floor Officials. The current process for
the review of, or appeal from, from Floor Official decisions \8\
(which, under the proposal would become OEO decisions) and the role of
the Exchange's Referee \9\ would be unchanged.
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    \8\ See Exchange Rule 124(d).
    \9\ The Referee is an Exchange employee or independent
contractor who is appointed by the Exchange's Board of Governors on
the recommendation of the Audit Committee to review Floor Official
rulings concerning the nullification and adjustment of transactions
in accordance with Rule 124(d), and to act in the capacity of a
Floor Official respecting initial rulings concerning requests for
relief from the requirements of certain Exchange Rules. See Exchange
Rule 124, Commentary .02.
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    Definition of OEO. Currently, Floor Officials appointed by the
respective floor committee chairs, are Exchange members. Under proposed
Rule 1(pp), an OEO would be defined as an Exchange staff member or
contract employee designated as such by the Exchange's Chief Regulatory
Officer (``CRO''). A list of individual OEOs would be displayed on the
Exchange website, and would be maintained and updated each time a name
is added to, or deleted from, the list of OEOs. The Exchange's Referee
would be responsible for maintaining and updating such list. In the
event no OEO is available to rule on a particular matter, the CRO or
his/her designee would be required to rule on such matter. OEOs would
be located on the Exchange's options trading floor and report to the
CRO.
    OEOs would be members of the Exchange's regulatory staff, including
the on-floor surveillance staff, who have sufficient expertise to act
in the capacity of an OEO as determined by the CRO. This could include
existing Exchange regulatory staff, new hires, or contract employees.
    Under the proposal, the Referee may act in the capacity of an OEO
respecting initial rulings concerning requests for relief from the
requirements of certain enumerated Exchange rules,\10\ since such
rulings are final and not appealable. The Referee could not, however,
rule in the capacity of an OEO concerning, for example, a nullified or
adjusted trade resulting from trading dispute or an obvious error,
because the Referee would have a conflict of interest in ruling on an
appeal from his or her own decision to nullify or adjust such a
trade.\11\
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    \10\ See proposed Exchange Rule 124, Commentary .02(a).
Telephone conversation on March 19, 2007, between Richard Rudolph,
Vice President and Counsel, Phlx and Jennifer Dodd, Special Counsel,
Division of Market Regulation, Commission (``Telephone
Conversation'').
    \11\ See proposed Exchange Rule 124, Commentary .01. Telephone
Conversation.
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    Nullification and Adjustment of Transactions. Currently, Exchange
Floor Officials are authorized to rule on trading disputes occurring on
the options trading floor, which could result in the adjustment or
nullification of executed transactions.\12\ Floor Officials are also
currently authorized to nullify or adjust executed transactions in the
case of an obvious error as defined in the Exchange's rules.\13\ Such
rulings can be appealed to the Referee for review. The Referee may
uphold, modify, or overturn the ruling. The decision of the Referee
concerning these types of rulings is final and may not be appealed to
the Exchange's Board of Governors.
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    \12\ See Exchange Rule 124. One Floor Official may adjust the
terms of a transaction in a dispute; two Floor Officials must
determine to nullify a transaction in such a situation.
    \13\ See Exchange Rule 1092. Two Floor Officials must determine
that an obvious error (as defined in the rule) occurred in order to
nullify a transaction.
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    OEOs would replace Floor Officials respecting initial rulings on
adjustment or nullification of transactions. One OEO may adjust a
transaction, and the Exchange proposes to require only one OEO to
nullify a transaction as well.\14\ The Exchange believes that this
should expedite the decision making process for the nullification of
transactions. As stated above, such rulings would continue to be
appealable to the Referee.
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    \14\ Currently, Exchange rules require two Floor Officials to
nullify a transaction. See Exchange Rule 124(a). See also Exchange
Rule 1092(e)(ii)(B). The instant proposal would require one OEO to
nullify a transaction.
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    Initial Requests for Relief. Floor Officials and, in some instances
the Referee, are currently authorized to rule on initial requests for
relief from the requirements of certain rules, including, without
limitation, quote spread parameters,\15\ and disengagement of Exchange
automatic execution systems under extraordinary circumstances.\16\ Such
rulings are final and may not be appealed to the Board.
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    \15\ Relief from the established bid/ask differentials may be
granted upon the receipt of an approval of two Floor Officials. See
OFPA F-6.
    \16\ See Exchange Rule 1080(e).
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    Similarly, the proposal would authorize OEOs to replace Floor
Officials and to make initial rulings concerning requests for relief
from the requirements of other Exchange Rules. For example, the
proposal would authorize OEOs to rule on requests for relief from
Exchange rules relating to: (i) Bid/ask differentials pursuant to
Exchange Rule 1014(c) and Options Floor Procedure Advice (``OFPA'') F-
6; (ii) disengagement of Exchange automatic execution systems pursuant
to Exchange Rule 1080(e) and OFPA A-13; (iii) the determination that
quotes in options on the Exchange or another market or markets are
subject to relief from the firm quote requirement pursuant to Exchange
Rule 1080(c)(i); and (iv) trading halts, openings and re-openings
pursuant to Rules 1017, 1047 and 1047A and OFPAs A-12, A-14 and G-2.
    Rule 1014(c) and OFPA F-6 set forth the maximum allowable bid/ask
differentials, or quote widths, that may be disseminated by specialists
and ROTs on the Exchange, depending on the price of the series to be
quoted. The Exchange believes that these requirements can have the
unintended consequence of requiring those making markets to quote at
prices that are unnecessarily narrow, thereby exposing them to great
risk if markets move quickly.\17\ Two Floor Officials may

currently grant relief from these differentials during times of peak
market activity where options markets and/or the market for securities
underlying the option move quickly. Under the proposal, one OEO would
be authorized to make such a ruling. The Exchange believes that this
should expedite the process for granting or denying such relief by
reducing the number of persons required to participate in such a
ruling.
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    \17\  See, e.g., Securities Exchange Act Release No. 50728
(November 23, 2004), 69 FR 69982 (December 1, 2004) (SR-Phlx-2004-
74) (Notice of Filing and Immediate Effectiveness of Proposed Rule
Change and Amendment No. 1 by the Philadelphia Stock Exchange, Inc.
Relating to $5 Bid/Ask Differentials).
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    Openings. Currently, the Exchange provides an automated opening
system for options; however, two Floor Officials may direct the manual
opening of the affected series where necessary to ensure a fair and
orderly market.\18\ For example, two Floor Officials may authorize the
opening of a series at a price that falls outside of the Exchange's
established parameters \19\ where necessary to ensure a fair and
orderly market.
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    \18\ See Exchange Rule 1017(f).
    \19\ See Exchange Rule 1017(e)(ii).
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    The Exchange proposes to replace the two Floor Officials with a
single OEO, who would have the same authority described above
concerning openings. The purpose of this provision is to expedite the
approval process for manual openings on the Exchange, thereby enabling
the Exchange to open the particular series as quickly as possible.
    Trading Halts, Rotations, and Re-Openings Following a Trading Halt.
Currently, two Floor Officials, with the concurrence of a Market
Surveillance officer, are currently authorized to rule on trading
halts, rotations and re-openings following a trading halt.\20\ The
Exchange proposes to amend the rules so that one OEO could make such a
ruling. Further, the Exchange proposes to delete the provisions from
the rules requiring the concurrence of a Market Surveillance officer in
rulings concerning trading halts and re-openings following a trading
halt. The purpose of this deletion is to avoid unnecessary delays in
locating and informing a Market Surveillance officer of a situation
requiring a halt (such as a halt in trading in the underlying security)
while volatile market activity continues. The Exchange believes that
the timeliness of such a ruling is critical in such situations, because
customers and other market participants could be subject to
immeasurable risk during the time period between the occurrence of an
event requiring a halt or re-opening and the time the decision is made
and trading is actually halted. Thus, one OEO could make a prompt
ruling without unnecessary delay.
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    \20\ See Exchange Rules 1047 and 1047A. See also, OFPA G-2.
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    Order and Decorum. Currently, a Floor Official may impose on
members, member organizations, participants, participant organizations
and their associated persons, fines for breaches of regulations that
relate to administration of order, decorum, health, safety and welfare
on the Exchange.\21\ Under the proposal, OEOs would have this
authority. Currently, two Floor Officials may refer such a matter to
the Exchange's Business Conduct Committee (``BCC'').\22\ Under the
proposal, OEOs would have this authority, and one OEO could refer such
a matter to the BCC.
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    \21\ See Exchange Rule 60.
    \22\ The Business Conduct Committee has exclusive jurisdiction
to (i) monitor compliance with the Exchange Act, the rules and
regulations thereunder, the By-Laws and rules of the Exchange or any
interpretation thereof, and the rules, regulations, resolutions and
stated policies of the Board of Governors or any committee of the
Exchange, by Members, participants, Member Organizations and
participant organizations and persons associated with any such
persons or organizations; (ii) examine into the business conduct and
financial condition of Members, participants, Member Organizations
and participant organizations and persons associated with any such
persons or organizations; and (iii) authorize the initiation of any
disciplinary actions or proceedings brought by the Exchange. See
Exchange By-Law Article X, Section 10-11.
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    Currently, two Floor Officials and an officer of the Exchange may
exclude a member, participant, and any associated person of member
organizations and participant organizations from the trading floor for
breaches of regulations that relate to administration of order,
decorum, health, safety and welfare on the Exchange that occurred on
the trading floor or on the premises immediately adjacent to the
trading floor if they pose an immediate threat to the safety of persons
or property, are seriously disrupting Exchange operations, or are in
possession of a firearm.\23\ The Exchange proposes to authorize one OEO
and an officer of the Exchange to do so.
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    \23\ See Exchange Rule 60(b)(i).
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    Finally, the Exchange proposes a housekeeping amendment to OFPA F-
27, to delete the term ``Floor Procedure Committee,'' because that
committee no longer exists on the Exchange.\24\
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    \24\ See Securities Exchange Act Release No. 54538 (September
28, 2006), 71 FR 59184 (October 6, 2006) (SR-Phlx-2006-43).
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    The Exchange believes that replacing Floor Officials with OEOs
should result in a more neutral, efficient and streamlined process for
the resolution of disputes on the Exchange, together with an expedited
process through which the Exchange may rule on matters currently
handled by Floor Officials, including the determination to nullify and
adjust transactions; to halt and re-open options series for trading; to
conduct manual openings where necessary in the interest of a fair and
orderly market; to process requests for relief from the requirements of
certain rules; and to more efficiently maintain order and decorum on
the Exchange's options trading floor and surrounding areas.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \25\ in general, and furthers the objectives of Section
6(b)(5) of the Act \26\ 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 establishing and authorizing neutral OEOs to rule on
matters such as trading disputes, requests for relief, openings,
trading halts and reopenings, and to efficiently maintain order and
decorum on the options trading floor. The Exchange further believes
that the proposal is consistent with Section 6(b)(1) \27\ of the Act in
that the proposal is designed to enable the Exchange to continue to
comply, and to enforce compliance by its members and persons associated
with its members, with provisions of the Act, the rules and regulations
thereunder, and the rules of the Exchange.
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    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
    \27\ 15 U.S.C. 78f(b)(1).
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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 either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal

Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which Phlx consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2006-87 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2006-87. 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 inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of the Phlx. 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-2006-87 and should be submitted on or before April 27, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-6496 Filed 4-5-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41969-41970]
[FR Doc No: 2020-15021]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 553-238]

City of Seattle, Washington; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:

    a. Application Type: Non-capacity License Amendment.
    b. Project No: 553-238.
    c. Date Filed: June 11, 2020.
    d. Applicant: City of Seattle, Washington.
    e. Name of Project: Skagit River Hydroelectric Project.
    f. Location: Skagit River, in Whatcom, Snohomish, and Skagit
Counties, Washington.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Shelly Adams, Project Environmental Lead,
Seattle City Light, 700 Fifth Avenue, Suite 3200, Seattle, Washington,
98124-4023,<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Mark Ivy,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: August 6, 2020.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). The first page of any filing should
include docket number P-553-238. Comments emailed to Commission staff
are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission

to serve a copy of that document on each person whose name appears on
the official service list for the project. Further, if an intervenor
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency.
    k. Description of Request: City of Seattle is requesting Commission
approval to replace an existing fuel dock on Diablo Lake with a new
fuel dock. The applicant proposes to remove the existing 234-square-
foot wooden fuel float, ten-foot-tall access ladder, and onshore fuel
dispenser, and replace them with a 600-square-foot float (made of
wooden beams, fiberglass grating deck and steel pontoon floats), a
gangway, and a fuel dispenser on the float. The existing failing riprap
bulkhead on the shoreline at the proposed fuel dock location (25-80
feet northeast of the existing fuel dock) would be replaced with a
prefabricated crib wall.
    l. Locations of the Application: In addition to publishing the full
text of this document in the Federal Register, the Commission provides
all interested persons an opportunity to view and/or print the contents
of this document via the internet through the Commission's Home Page
(http://www.ferc.gov) using the ``elibrary'' link. Enter the docket
number excluding the last three digits in the document field to access
the document. At this time, the Commission has suspended access to the
Commission's Public Reference Room, due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact FERC
at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659. Agencies may obtain copies of the application directly
from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: July 7, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15021 Filed 7-10-20; 8:45 am]
BILLING CODE 6717-01-P