[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3882-3887]
[DOCID:fr26ja07-151]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55145; File No. S7-966]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing of Amendment to the Plan for the
Allocation of Regulatory Responsibilities Among the American Stock
Exchange, LLC, the Boston Stock Exchange, Inc., the Chicago Board
Options Exchange, Inc., the International Securities Exchange, LLC, the
National Association of Securities Dealers, Inc., the New York Stock
Exchange, LLC, the NYSE Arca, Inc., and the Philadelphia Stock
Exchange, Inc.

January 22, 2007.
    Pursuant to Sections 17(d) \1\ of the Securities Exchange Act of
1934 (``Act'') and Rule 17d-2 thereunder,\2\ notice is hereby given
that on December 5, 2006, the American Stock Exchange, LLC (``Amex''),
the Boston Stock Exchange, Inc. (``BSE''), the Chicago Board Options
Exchange, Inc. (``CBOE''), the International Securities Exchange, LLC
(``ISE''), the National Association of Securities Dealers, Inc.
(``NASD''), the New York Stock Exchange, LLC (``NYSE''), the NYSE Arca,
Inc. (``PCX''), and the Philadelphia Stock Exchange, Inc. (``Phlx'')
(collectively the ``SRO participants'') filed with the Securities and
Exchange Commission (``Commission'') an amendment to their January 14,
2004 plan for the allocation of regulatory responsibility.
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
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I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
national securities exchange and registered securities association
(``SRO'') to examine for, and enforce, compliance by its members and
persons associated with its members with the Act, the rules and
regulations thereunder, and the SRO's own rules, unless the SRO is
relieved of this responsibility pursuant to Section 17(d) or 19(g)(2)
\4\ of the Act.

Without this relief, the statutory obligation of each individual SRO
could result in a pattern of multiple examinations of broker-dealers
that maintain memberships in more than one SRO (``common members'').
This regulatory duplication would add unnecessary expenses for common
members and their SROs.
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    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78s(g)(2).
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    Section 17(d)(1) of the Act was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\5\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules and regulations, or to perform other
specified regulatory functions.
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    \5\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session. 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\6\ Rule 17d-1, adopted on
April 20, 1976,\7\ authorizes the Commission to name a single SRO as
the designated examining authority (``DEA'') to examine common members
for compliance with the financial responsibility requirements imposed
by the Act, or by Commission or SRO rules. When an SRO has been named
as a common member's DEA, all other SROs to which the common member
belongs are relieved of the responsibility to examine the firm for
compliance with applicable financial responsibility rules.
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    \6\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2.
    \7\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18809 (May 3, 1976).
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    On its face, Rule 17d-1 deals only with an SRO's obligations to
enforce broker-dealers' compliance with the financial responsibility
requirements. Rule 17d-1 does not relieve an SRO from its obligation to
examine a common member for compliance with its own rules and
provisions of the federal securities laws governing matters other than
financial responsibility, including sales practices, and trading
activities and practices.
    To address regulatory duplication in these other areas, on October
28, 1976, the Commission adopted Rule 17d-2 under the Act.\8\ This rule
permits SROs to propose joint plans allocating regulatory
responsibilities with respect to common members. Under paragraph (c) of
Rule 17d-2, the Commission may declare such a plan effective if, after
providing for notice and comment, it determines that the plan is
necessary or appropriate in the public interest and for the protection
of investors, to foster cooperation and coordination among the SROs, to
remove impediments to and foster the development of a national market
system and a national clearance and settlement system, and in
conformity with the factors set forth in Section 17(d) of the Act.
Commission approval of a plan filed pursuant to Rule 17d-2 relieves an
SRO of those regulatory responsibilities allocated by the plan to
another SRO.
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    \8\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49093 (November 8, 1976).
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II. The Plan

    On September 8, 1983, the Commission approved the SRO participants'
plan for allocating regulatory responsibilities pursuant to Rule 17d-
2.\9\ On May 23, 2000, the Commission approved an amendment to the plan
that added the ISE as a participant.\10\ On November 8, 2002, the
Commission approved another amendment that replaced the original plan
in its entirety and, among other things, allocated regulatory
responsibilities among all the participants in a more equitable
manner.\11\ On February 5, 2004, the parties submitted an amendment to
the plan, primarily to include the BSE, which was establishing a new
options trading facility to be known as the Boston Options Exchange
(``BOX''), as an SRO participant.\12\
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    \9\ See Securities Exchange Act Release No. 20158 (September 8,
1983), 48 FR 41256 (September 14, 1983).
    \10\ See Securities Exchange Act Release No. 42816 (May 23,
2000), 65 FR 24759 (May 31, 2000). This Amendment also updated the
corporate names of the Amex, the Midwest Stock Exchange (now known
as the Chicago Stock Exchange, Inc.), and the Pacific Stock Exchange
Incorporated (now known as the NYSE Arca, Inc.).
    \11\ See Securities Exchange Act Release No. 46800 (November 8,
2002), 67 FR 69774 (November 19, 2002).
    \12\ See Securities Exchange Act Release No. 49197 (February 5,
2004), 69 FR 7046. (February 12, 2004).
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    The plan reduces regulatory duplication for a large number of firms
currently members of two or more of the SRO participants by allocating
regulatory responsibility for certain options-related sales practice
matters to one of the SRO participants. Generally, under the current
plan, the SRO participant responsible for conducting options-related
sales practice examinations of a firm, and investigating options-
related customer complaints and terminations for cause of associated
persons of that firm, is known as the firm's ``Designated Options
Examining Authority'' (``DOEA''). Pursuant to the current plan, any
other SRO of which the firm is a member is relieved of these
responsibilities during the period the firm is assigned to a DOEA.

III. Proposed Amendment to the Plan

    On December 5, 2006, the parties submitted a proposed amendment to
the plan. The purpose of the amendment is to: (i) Provide that NASD and
NYSE will be DOEAs under the plan, (ii) provide that the Designated
Examination Authority pursuant to Commission Rule 17d-1 under the Act
for a broker-dealer that is a member of more than one SRO participant
(but not a member of the NASD or the NYSE) shall perform the regulatory
responsibility under the agreement as if such DEA were the DOEA, (iii)
to incorporate a more formal procedure for updating the list of common
rules, and (iv) make certain other changes to the plan. The amended
agreement replaces the previous agreement in its entirety. The text of
the proposed amended 17d-2 plan is as follows (additions are
italicized; deletions are bracketed): \13\
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    \13\ Changes are marked from the most recent plan approved by
the Commission on February 5, 2004. See supra note 12.
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* * * * *
Agreement by and among the American Stock Exchange, LLC, the Boston
Stock Exchange, Inc., the Chicago Board Options Exchange, Inc., the
International Securities Exchange, [Inc.] LLC, the National Association
of Securities Dealers, Inc., the New York Stock Exchange, [Inc.] LLC,
the [Pacific Exchange] NYSE Arca Inc., and the Philadelphia Stock
Exchange, Inc., Pursuant to Rule 17d-2 under the Securities Exchange
Act of 1934.
    This agreement (``Agreement''), by and among the American Stock
Exchange, LLC, the Boston Stock Exchange, Inc., the Chicago Board
Options Exchange, Inc., the International Securities Exchange, [Inc.]
LLC, the National Association of Securities Dealers, Inc. (``NASD''),
the New York Stock Exchange, [Inc.]LLC (``NYSE''), the [Pacific
Exchange] NYSE Arca Inc., and the Philadelphia Stock Exchange, Inc.,
hereinafter collectively referred to as the Participants, is made this
[14th] 1st day of [January, 2004] December, 2006, pursuant to the
provisions of Rule 17d-2 under the Securities Exchange Act of 1934 (the
``Exchange Act''), which allows for plans among self-regulatory
organizations to allocate regulatory responsibility. This Agreement
shall be administered by a committee known as the Options Self-
Regulatory Council (the ``Council'').

    Whereas, the Participants are desirous of allocating regulatory
responsibilities with respect to [their common members (members of two
or more of the Participants)] broker-dealers, and persons associated
therewith, that are members \FN1\ of more than one Participant (the
``Common Members'') and conduct a public business for compliance with
[common rules] Common Rules (as hereinafter defined) relating to the
conduct by broker-dealers of accounts for listed options [or], index
warrants, currency index warrants and currency warrants (collectively,
``Covered Securities''); and
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    \FN1\ In the case of the Boston Stock Exchange, Inc., members
are those persons who are options participants (as defined in BOX
Rules).
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    Whereas, the Participants are desirous of executing a plan for this
purpose pursuant to the provisions of Rule 17d-2 and filing such plan
with the Securities and Exchange Commission (``SEC'' or the
``Commission'') for its approval;
    Now, therefore, in consideration of the mutual covenants contained
hereafter, the Participants agree as follows:
    I. [Except as otherwise provided herein,]As used herein the term
Designated Options Examining Authority (``DOEA'') shall mean the NASD
and NYSE insofar as each [Participant] shall [assume] perform
Regulatory Responsibility (as hereinafter defined) for its broker-
dealer members that also are [both (i)] members of [more than one]
another Participant [(hereinafter the ``Common Members'') and (ii)],and
allocated to it in accordance with the terms hereof. [For purposes of
this Agreement, a Participant shall be considered to be the Designated
Options Examining Authority (``DOEA'') of each Common Member allocated
to it.] The Designated Examination Authority (``DEA'') pursuant to SEC
Rule 17d-1 under the Securities Exchange Act (``Rule 17d-1'') for a
broker-dealer that is a member of more than one Participant (but not a
member of a DOEA) shall perform the Regulatory Responsibility under the
Agreement as if such DEA were the DOEA.
    II. As used herein, the term ``Regulatory Responsibility'' shall
mean the [inspection,] examination and enforcement responsibilities
relating to compliance by [the] broker-dealers that are members of more
than one Participant (the ``Common Members [and persons associated
therewith]'') with the rules of the applicable Participant that are
substantially similar to the rules of the other Participants (the
``Common Rules'') [and the provisions of the Act and the rules and
regulations thereunder], insofar as they apply to the conduct of
accounts for Covered Securities. [In discharging its Regulatory
Responsibility, a DOEA may act directly and perform such
responsibilities itself or may make arrangements for the performance of
such responsibilities on its behalf by The Options Clearing
Corporation, a national securities exchange registered with the SEC
under Section 6(a) of the Act or a national securities association
registered with the SEC under Section 15A of the Act, but excluding an
association registered for the limited purpose of regulating the
activities of members who are registered as brokers or dealers in
security futures products. Without limiting the foregoing, a non-
exhaustive list of the current,] A list of the current Common Rules of
each Participant applicable to the conduct of accounts for Covered
Securities is attached hereto as Exhibit A. Each year within 30 days of
the anniversary date of the commencement of operation of this
Agreement, each Participant shall submit in writing to each DOEA and
DEA performing as a DOEA for any members of such Participant any
revisions to Exhibit A reflecting changes in the rules of the
Participant or DOEAs, and confirm that all other rules of the
Participant listed in Exhibit A continue to meet the definition of
Common Rules as defined in this Agreement. Within 30 days from the date
that each DOEA has received revisions and/or confirmation that no
change has been made to Exhibit A from all Participants, the DOEAs
shall confirm in writing to each Participant whether the rules listed
in any updated Exhibit A are Common Rules as defined in this Agreement.
Notwithstanding anything herein to the contrary, it is explicitly
understood that the term ``Regulatory Responsibility'' does not
include, and each of the Participants shall (unless allocated pursuant
to Rule 17d-2 otherwise than under this Agreement) retain full
responsibility for, each of the following:
    (a) [s]Surveillance and enforcement with respect to trading
activities or practices involving its own marketplace, including
without limitation its rules relating to the rights and obligations of
specialists and other market makers;
    (b) [r]Registration pursuant to its applicable rules of associated
persons;
    (c) [d]Discharge of its duties and obligations as a [Designated
Examining Authority pursuant to Rule 17d-1 under the Act]DEA; and;
    (d) [e]Evaluation of advertising, responsibility for which shall
remain with the Participant to which a Common Member submits same for
approval[; and
    (e) any rules of a Participant that are not substantially similar
to the rules of all of the other Participants].
    III. Apparent violations of another Participant's rules discovered
by a DOEA, but which rules are not within the scope of the discovering
DOEA's Regulatory Responsibility, shall be referred to the relevant
Participant for such action as the Participant to which such matter has
been referred deems appropriate. Notwithstanding the foregoing, nothing
contained herein shall preclude a DOEA in its discretion from
requesting that another Participant conduct an enforcement proceeding
on a matter for which the requesting DOEA has Regulatory
Responsibility. If such other Participants agree[s], the Regulatory
Responsibility in such case shall be deemed transferred to the
accepting Participant. Each Participant agrees, upon request, to make
available promptly all relevant files, records and/or witnesses
necessary to assist another Participant in an investigation or
enforcement proceeding.
    IV. [This Agreement shall be administered by a committee known as
the Options Self-Regulatory Council (the ``Council'').] The Council
shall be composed of one representative designated by each of the
Participants. Each Participant shall also designate one or more persons
as its alternate representative(s). In the absence of the
representative of a Participant, such alternate representative shall
have the same powers, duties and responsibilities as the
representative. Each Participant may, at any time, by notice to the
then Chair of the Council, replace its representative and/or its
alternate representative on such Council. A majority of the Council
shall constitute a quorum and, unless specifically otherwise required,
the affirmative vote of a majority of the Council members present (in
person, by telephone or by written consent) shall be necessary to
constitute action by the Council. From time to time, the Council shall
elect one member [of the Council] from the DOEAs to serve as Chair and
another from the Council to serve as Vice Chair (to substitute for the
Chair in the event of his or her unavailability at a meeting of the
Council) [for such term as shall be designated and until his or her
successor is duly elected, provided that in the event a Participant
replaces a representative who is acting as Chair or Vice Chair, such
representative shall also assume the position of Chair or Vice Chair,
as applicable]. All notices and other communications for the

Council shall be sent to it in care of the Chair or to each of the
representatives.
    V. The Council shall determine the times and locations of Council
meetings, provided that the Chair, acting alone, may also call a
meeting of the Council in the event the Chair determines that there is
good cause to do so. To the extent reasonably possible, notice of any
meeting shall be given at least ten business days prior thereto.
Notwithstanding anything herein to the contrary, representatives shall
always be given the option of participating in any meeting
telephonically at their own expense rather than in person.
    VI. For the purpose of fulfilling the Participants' [DOEA]
Regulatory Responsibilities, the [Council] DOEAs shall allocate Common
Members that conduct a public [options] business in Covered Securities
among [Participants] DOEAs from time to time in such manner as the
[Council] DOEAs deem[s] appropriate, provided that any such allocation
shall be based on the following principles except to the extent
affected [Participants] DOEAs consent:
    (a) The [Council] DOEAs may not allocate a member to a
[Participant] DOEA unless the member is a member of that [Participant]
DOEA, nor shall any member be allocated to a Participant that is not a
DOEA or DEA acting as a DOEA.
    (b) To the extent practical and desired by the DOEAs, Common
Members that conduct a public [options] business in Covered Securities
shall be allocated among the [Participants] DOEAs of which they are
members in such manner as to equalize as nearly as possible the
allocation [among such Participants. For example, if sixteen Common
Members that conduct a public options business are members only of
three Participants, such members shall be allocated among such
Participants such that no Participant is allocated more than six such
members and no Participant is allocated less than five such members] of
such Common Members among such DOEAs.
    (c) To the extent practical and desired by the DOEAs, the
allocation of Common Members shall take into account the amount of
customer activity conducted by each member in Covered Securities such
that Common Members shall be allocated among the [Participants] DOEAs
of which they are members in such manner as most evenly divides the
Common Members with the largest amount of customer activity among such
[Participants] DOEAs.
    (d) [Insofar as practical, it is intended that allocation of Common
Members to Participants will be rotated among the applicable
Participants and, more specifically, that Common Members shall not be
allocated to a Participant as to which such member was allocated within
the previous two years.
    (e)] The [Council] DOEAs shall make general reallocations of Common
Members from time to time, as it deems appropriate.
    ([f]e) All Participants shall promptly notify the DOEAs no later
than the next scheduled meeting of any change in membership of Common
Members. Whenever a Common Member ceases to be a member of its DOEA,
[the] that DOEA shall promptly inform the [Council] other DOEAs, which
[shall] will promptly review the matter and reallocate the Common
Member to [another Participant] the extent practical.
    ([g]f) A DOEA may request that a Common Member that is allocated to
it be reallocated to another [Participant] DOEA by giving thirty days
written notice thereof. The [Council] DOEAs, in [its] their
discretion[,] may approve such request and reallocate such Common
Member to another [Participant] DOEA.
    ([h]g) All determinations by the [Council] DOEAs with respect to
allocations, if there are more than two DOEAs, shall be by the
affirmative vote of a majority of the DOEAs of which such firm is a
Common Member, otherwise by negotiation and consensus. [Participants
that, at the time of such determination, share the applicable Common
Member being allocated; a Participant shall not be entitled to vote on
any allocation relating to a Common Member unless the Common Member is
a member of such Participant.
    (i) Allocations for calendar years 2004 and 2005 shall also be
subject to the provisions set forth at Appendix A hereof, which
provisions shall control in the event of any conflict between them and
the provisions set forth above.]
    VII. Each DOEA shall conduct [a routine inspection and] an
examination of each Common Member allocated to it on a cycle not less
frequently than [determined by the Council] agreed upon by all DOEAs.
The other Participants agree that, upon request, relevant information
in their respective files relative to a Common Member will be made
available to the applicable DOEA. At each meeting of the Council, each
[Participant] DOEA shall be prepared to report on the status of its
examination program for the previous quarter and any period prior
thereto that has not previously been reported to the Council. In the
event a DOEA believes it will not be able to complete the examination
cycle for its allocated firms, it will so advise the Council. The
[Council will] DOEAs may undertake to remedy this situation by
reallocating selected firms [and, if necessary,] or lengthening the
cycles for selected firms, with the approval of all other DOEAs.
    VIII. Each [Participant] DOEA will[, upon request,] promptly
furnish a copy of the Examination report[, or applicable portions
thereof] relating to Covered Securities, of any examination made
pursuant to the provisions of this Agreement to each other Participant
of which the Common Member examined is a member.
    IX. [Each Participant will routinely forward to each other
Participant of which a Common Member is a member, copies of all
communications regarding deficiencies relating to Covered Securities
noted in a report of examination conducted by each Participant. If an
examination relating to Covered Securities conducted by a Participant
reveals no deficiencies, such fact will also, upon request, be
communicated to each other Participant of which the Common Member
concerned is a member.
    X.] Each DOEA's Regulatory Responsibility shall for each Common
Member allocated to it include investigations into terminations ``for
cause'' of associated persons relating to Covered Securities, unless
such termination is related solely to another Participant's market. In
the latter instance, that Participant to whose market the termination
for cause relates shall discharge Regulatory Responsibility with
respect to such termination for cause. In connection with a DOEA's
examination, investigation and/or enforcement proceeding regarding a
Covered Security-related termination for cause, the other Participants
of which the Common Member is a member shall furnish, upon request,
copies of all pertinent materials related thereto in their possession.
As used in this Section, ``for cause'' shall include, without
limitation, terminations characterized on Form U5 under the label
``Permitted to Resign,'' ``Discharge'' or ``Other.''
    X[I]. Each DOEA shall discharge the Regulatory Responsibility for
each Common Member allocated to it relative to a Covered Securities-
related customer complaintFN2 [or Form U4 filing] unless such complaint
[or filing] is uniquely related to another Participant's market. In the
latter instance, the DOEA shall

forward the matter to that Participant to whose market the matter
relates, and the latter shall discharge Regulatory Responsibility with
respect thereto. If a Participant receives a customer complaint for a
Common Member related to a Covered Security for which the Participant
is not the DOEA, the Participant shall promptly forward a copy of such
complaint to the DOEA.
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    FN2 For purposes of complaints, they can be reported pursuant to
Form U4, Form U5 or RE-3 and any amendments thereto.
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    XI[I]. Any written notice required or permitted to be given under
this Agreement shall be deemed given if sent by certified mail, return
receipt requested, or by a comparable means of electronic communication
to each Participant entitled to receipt thereof, to the attention of
the Participant's representative on the Council at the Participant's
then principal office or by e-mail at such address as the
representative shall have filed in writing with the Chair.
    [XIII. The costs incurred by each Participant in discharging its
Regulatory Responsibility under this Agreement are not reimbursable.
However, any Participants may agree that one or more will compensate
the other(s) for costs.]
    [XIV]XII. The Participants shall notify the Common Members of this
Agreement by means of a uniform joint notice approved by the Council.
    [XV]XIII. This Agreement may be amended in writing duly approved by
each Participant.
    [XVI]XIV. Any of the Participants may manifest its intention to
cancel its participation in this Agreement at any time [upon the] by
giving [to] the Council [of] written notice thereof at least 90 days
prior to the effective date of such cancellation. Upon receipt of such
notice the Council shall allocate, in accordance with the provisions of
this Agreement, [those] any Common Members for which the petitioning
party was the DOEA. Until such time as the Council has completed the
reallocation described above, the petitioning Participant shall retain
all its rights, privileges, duties and obligations hereunder.
    XV[II]. The cancellation of its participation in this Agreement by
any Participant shall not terminate this Agreement as to the remaining
Participants. This Agreement will only terminate following notice to
the Commission, in writing, by the then Participants that they intend
to terminate the Agreement and the expiration of the applicable notice
period. Such notice shall be given at least six months prior to the
intended date of termination, provided that in the event a notice of
cancellation is received from a Participant that, assuming the
effectiveness thereof, would result in there being just one remaining
member of the Council, notice to the Commission of termination of this
Agreement shall be given promptly upon the receipt of such notice of
cancellation, which termination shall be effective upon the
effectiveness of the cancellation that triggered the notice of
termination to the Commission.

Limitation of Liability

    No Participant nor the Council nor any of their respective
directors, governors, officers, employees or representatives shall be
liable to any other Participant in this Agreement for any liability,
loss or damage resulting from or claimed to have resulted from any
delays, inaccuracies, errors or omissions with respect to the provision
of Regulatory Responsibility as provided hereby or for the failure to
provide any such Responsibility, except with respect to such liability,
loss or damages as shall have been suffered by one or more of the
Participants and caused by the willful misconduct of one or more of the
other participants or their respective directors, governors, officers,
employees or representatives. No warranties, express or implied, are
made by any or all of the Participants or the Council with respect to
any Regulatory Responsibility to be performed by each of them
hereunder.

Relief From Responsibility

    Pursuant to Section 17(d)(1)(A) of the Securities Exchange Act of
1934 and Rule 17d-2 promulgated pursuant thereto, the Participants join
in requesting the Securities and Exchange Commission, upon its approval
of this Agreement or any part thereof, to relieve those Participants
which are from time to time participants in this Agreement which are
not the DOEA as to a Common Member of any and all Regulatory
Responsibility with respect to the matters allocated to the DOEA.
    In Witness Whereof, the Participants hereto have executed this
Agreement as of the date and year first above written.

[Appendix A--Allocation Provisions for Calendar Years 2004 and 2005

    The allocation for calendar year 2004 shall be performed in
accordance with the provisions of Section VI, provided that there
shall be a partial allocation to the Boston Stock Exchange, Inc.
whereby the Boston Stock Exchange, Inc. is allocated one-half of its
share of the total number of Common Members. For calendar year 2005,
there shall be a reallocation whereby the Boston Stock Exchange,
Inc. shall receive from the other DOEAs a number of Common Members
to make the allocation equitable.]

Exhibit A \14\--Participant Rules Applicable to the Conduct of Covered
Securities: Rules Enforced Under 17d-2 Agreement
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    \14\ This is a partial list of the rules provided to the
Commission. The full list of rules provided to the Commission is
available at the principal offices of each of the SROs and at the
Commission's Public Reference Room.
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Opening Of Accounts

AMEX--Rules 411 [and], 921 and 1101
CBOE--Rule 9.7
ISE--Rule 608
NASD--Rules 2860(b)(16)[;], IM-2860-2 & 2843
NYSE--Rule[s] 721 [and 405]
PHLX--Rule 1024(b)
[PCX] NYSE Arca--Rule 9.2(a) and Rule 9.18(b)
BSE/BOX Supervision--Chapter XI, Section 9
AMEX--Rules 411 [and], 922 and 1104
CBOE--Rule 9.8
ISE--Rule 609
NASD--Rules 2860(b)(20), 2860(b)(17)(B), 2846 & 2849
NYSE--Rule[s] 722[, 342 and 343]
PHLX--Rule 1025
[PCX] NYSE Arca--Rule 9.2(b)
BSE/BOX Suitability--Chapter XI, Section 10
AMEX--Rules 923 & 1102
CBOE--Rule 9.9
ISE--Rule 610
NASD--Rule 2860(b)(19) & 2844
NYSE--Rule 723
PHLX--Rule 1026
[PCX] NYSE Arca--Rule 9.18(c)
BSE/BOX--Chapter XI, Section 11
* * * * *

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 S7-966 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 S7-966. 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 such filing also will be
available for inspection and copying at the principal office of each of
the SROs. 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 S7-966
and should be submitted on or before February 16, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(34).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-1220 Filed 1-25-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Notices]
[Page 22921-22922]
[DOCID:fr15my09-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1075-000]

Falcon Energy, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

May 8, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Falcon Energy, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC, 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 28, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC, 20426.
    The filings in the above-referenced proceeding are accessible in
the

Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11341 Filed 5-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Page 2289]
[FR Doc No: 2012-701]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 12925-002 and 14078-000]

FFP Project 39, LLC and Northland Power Mississippi River LLC;
Notice Announcing Preliminary Permit Drawing

    The Commission has received two preliminary permit applications
deemed filed on February 1, 2011, at 8:30 a.m.,\1\ for proposed
projects to be located on the Mississippi River, in Bolivar County,
Mississippi, and Desha County, Arkansas. The applications were filed by
FFP Project 39, LLC for Project No. 12925-002, and Northland Power
Mississippi River LLC for Project No. 14078-000.
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    \1\ Under the Commission's Rules of Practice and Procedure, any
document received after regular business hours is considered filed
at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2)
(2011).
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    On January 17, 2012, at 9 a.m. (eastern time), the Secretary of the
Commission, or her designee, will conduct a random drawing to determine
the filing priority of the applicants identified in this notice. The
Commission will select among competing permit applications as provided
in section 4.37 of its regulations.\2\ The priority established by this
drawing will be used to determine which applicant, among those with
identical filing times, will be considered to have the first-filed
application.
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    \2\ 18 CFR 4.37 (2011).
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    The drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First St. NE., Washington, DC
20426. A subsequent notice will be issued by the Secretary announcing
the results of the drawing.

    Dated: January 10, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-701 Filed 1-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31409-31410]
[FR Doc No: 2012-12800]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-9325; 34-67038 File No. 265-27]

Advisory Committee on Small and Emerging Companies; Meeting

AGENCY: Securities and Exchange Commission.

ACTION: Notice.

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SUMMARY: The Securities and Exchange Commission Advisory Committee on
Small and Emerging Companies is providing notice that it will hold a
public meeting on Friday, June 8, 2012, in Multi-Purpose Room LL-006 at
the Commission's headquarters, 100 F Street NE., Washington, DC. The
meeting will begin at 9 a.m. (EDT) and will be open to the public. The
meeting will be Web cast on the Commission's Web site at www.sec.gov.
Persons needing special accommodations to take part because of a
disability should notify the contact person listed below. The public is
invited to submit written statements to the Committee.
    The agenda for the meeting includes discussions of provisions of
the Jumpstart Our Business Startups (JOBS) Act and other matters
relating to rules and regulations affecting small and emerging
companies under the federal securities laws. Notice of this meeting is
less than fifteen days prior to the meeting due to an administrative
delay.

DATES: The public meeting will be held Friday, June 8, 2012. Written
statements should be received on or before June 5, 2012.

ADDRESSES: The meeting will be held in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE., Washington, DC.
    Written statements may be submitted by any of the following
methods:

Electronic Statements

     Use the Commission's Internet submission form (http://www.sec.gov/info/smallbus/acsec.shtml); or
     Send an email message to<EMAIL_ADDRESS>Please
include File Number 265-27 on the subject line; or

Paper Statements

     Send paper statements in triplicate to Elizabeth M.
Murphy, Federal Advisory Committee Management Officer, Securities and
Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File No. 265-27. This file number
should be included on the subject line if email is used. To help us
process and review your statement more efficiently, please use only one
method. The Commission will post all statements on the Advisory
Committee's Web site (http://www.sec.gov./info/smallbus/acsec.shtml).
    Statements also will be available for Web site viewing and printing
in the Commission's Public Reference Room, 100 F Street NE., Room 1580,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. All statements received will be posted without
change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.

FOR FURTHER INFORMATION CONTACT: Johanna V. Losert, Special Counsel, at
(202) 551-3460, Office of Small Business Policy, Division of
Corporation Finance, Securities and Exchange

Commission, 100 F Street NE., Washington, DC 20549-3628.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C.-App. 1, and the regulations
thereunder, Meredith B. Cross, Designated Federal Officer of the
Committee, has ordered publication of this notice.

    By the Commission.
    Dated: May 22, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-12800 Filed 5-23-12; 11:15 am]
BILLING CODE 8011-01-P