[Federal Register: April 11, 2008 (Volume 73, Number 71)]
[Notices]
[Page 19914-19916]
[DOCID:fr11ap08-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57630; File No. SR-BSE-2008-22]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change Amending Its Make or Take Linkage Transaction Fees

April 7, 2008.
    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 April 3, 2008, the Boston Stock Exchange (``BSE'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been substantially prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule from
interested persons and is approving the proposed rule change on an
accelerated basis.
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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 Exchange is proposing to amend, retroactively effective to
March 28, 2008, the Liquidity Make or Take Pricing Structure (``Make or
Take Pricing'')--Intermarket Linkage Transaction fees (``Linkage
Fees'') portion of the Fee Schedule of the Boston Options Exchange
(``BOX'').\3\ The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://
www.bostonoptions.com.
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    \3\ Capitalized terms not otherwise defined herein shall have
the meanings prescribed under the BOX Rules.
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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 III below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend, retroactively effective to
March 28, 2008, Section 7(c) of the BOX Fee Schedule in order to revise
the Make or Take Pricing Linkage Fees portion of the BOX Fee Schedule,
so as to conform it with fee changes the Exchange recently proposed for
Make or Take Pricing within non-Penny Pilot Program classes.\4\
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    \4\ See Securities Exchange Act Release No. 57618 (April 4,
2008) (SR-BSE-2008-21) (eliminating the Make or Take Pricing
Structure for non-Penny Pilot Program classes).
---------------------------------------------------------------------------

    Executions on BOX resulting from orders sent via the Intermarket
Option Linkage (``Linkage Orders'') are subject to the same billing
treatment as other broker-dealer orders. On September 6, 2007, the
Exchange introduced the Make or Take Pricing for all classes contained
in the Penny Pilot Program.\5\ Since Linkage Orders that are sent to
and executed on BOX take liquidity, such orders are assessed a $0.45
per contract fee for executed transactions in issues participating in
the Penny Pilot Program.\6\
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    \5\ See Securities Exchange Act Release No. 56371 (September 7,
2007), 72 FR 52401 (September 13, 2007) (SR-BSE-2007-43). The
Exchange may trade options contracts in one-cent increments in
certain approved issues as part of the Penny Pilot Program through
March 27, 2009. See Securities Exchange Act Release No. 56566
(September 27, 2007), 72 FR 56400 (October 3, 2007) (SR-BSE-2007-
40).
    \6\ See Securities Exchange Act Release No. 56371 (September 7,
2007), 72 FR 52401, 52402 (September 13, 2007) (SR-BSE-2007-43),
which provides that ``Linkage Orders that are not executed upon
receipt are rejected back to the sender and are never posted in the
BOX Book. Therefore, a Linkage Order would never be eligible to
receive a credit of the Transaction Fee.''
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    Furthermore, on November 30, 2007, the Exchange filed a rule
proposal with the Commission, which added the twenty five (25) most
actively traded options classes on BOX that at that time were not
included within the Penny Pilot Program (``M or T Non-Penny Pilot
Classes'') to the Make or Take Pricing.\7\ Recently, nineteen (19) of
these M or T Non-Penny Pilot Classes were included in an expansion of
the Penny Pilot Program.\8\ As a result, on March 28, 2008, the
Exchange filed with the Commission a proposal that eliminates the Make
or Take Pricing for M or T Non-Penny Pilot Classes.\9\
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    \7\ See Securities Exchange Act Release No. 56948 (December 12,
2007), 72 FR 72426 (December 20, 2007) (SR-BSE-2007-52).
    \8\ See Securities Exchange Act Release No. 57566 (March 26,
2008), 73 FR 18013 (April 2, 2008) (SR-BSE-2008-20). This most
recent expansion added twenty eight (28) of the most actively traded
multiply listed options classes, according to Clearing Corporation
volume, to the Penny Pilot Program.
    \9\ See note 4 supra.
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    In conjunction with the elimination of this fee, the Exchange is
now proposing to also eliminate the $0.50 per contract Make or Take
Pricing for Linkage Orders in these M or T Non-Penny Pilot Classes.
Consequently, the Linkage Fees associated with the Make or Take Pricing
will only apply to Linkage Orders in any class of options that is
included in the Penny Pilot Program. The standard Linkage Fees shall
apply to those options classes that are not part of the Penny Pilot
Program.\10\ The standard Linkage Fee is $0.20 per contract. Because
the Make or Take Pricing for M or T Non-Penny Pilot Classes was
eliminated on March 28, 2008, and the Exchange is seeking to reduce the
fee charged, the Exchange requests that the effective date of the
proposed rule change be retroactive to March 28, 2008.
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    \10\ The BOX Fee Schedule can be found on the BOX Web site at
www.bostonoptions.com.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\11\ in general, and Section
6(b)(4) of the Act,\12\ in particular, in that it is designed to
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and issuers and other persons using its
facilities for the purpose of executing Linkage Orders that are routed
to the Exchange from other market centers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
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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 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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. 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-BSE-2008-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BSE-2008-22. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of 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-BSE-2008-22 and should be
submitted on or before May 2, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange\13\ and, in particular, with the requirements of Section 6(b)
of the Act.\14\ In particular, the Commission finds that the Exchange's
proposal is consistent with Section 6(b)(4) of the Act,\15\ which
requires that the rules of the Exchange provide for the equitable
allocation or reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Commission notes
that the proposal conforms Linkage Fees with those fees charged on
other broker-dealer executions.
---------------------------------------------------------------------------

    \13\ In approving this rule, the Commission notes that it has
considered its impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\16\ for approving the proposed rule change prior to the 30th
day after the date of publication of the notice of the filing thereof
in the Federal Register. The Commission notes that the Make or Take
Pricing for M or T Non-Penny Pilot Classes was eliminated on March 28,
2008.\17\ Further, because the Exchange is proposing to reduce the fee
charged from $0.50 per contract to $0.20 per contract for those M or T
Non-Penny Pilot Classes not included in the Penny Pilot Program
expansion, granting accelerated approval on a retroactive basis would
allow the Exchange to implement a lower fee for market participants
executing Linkage Orders at the same time as the Exchange's related fee
changes, which should benefit investors and reduce confusion.\18\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).
    \17\ See note 4 supra.
    \18\ See note 8 supra and accompanying text.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\19\ that the proposed rule change (SR-BSE-2008-22) is hereby approved
on an accelerated basis.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Florence E. Harmon,
Deputy Secretary.
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    \20\ 17 CFR 200.30-3(a)(12)
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 [FR Doc. E8-7781 Filed 4-10-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Notices]
[Page 49363]
[FR Doc No: 2020-17675]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2618-000]

Thordin ApS; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced Thordin ApS'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 August 26, 2020.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    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://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number 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 the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: August 6, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-17675 Filed 8-12-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Pages 32409-32410]
[FR Doc No: 2022-11572]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2016-0010; FRL 9871-01-ORD]

Proposed Information Collection Request; Comment Request;
Recordkeeping for Institutional Dual Use Research of Concern (iDURC)
Policy Compliance (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Recordkeeping for
Institutional Dual Use Research of Concern (iDURC) Policy Compliance''
(EPA ICR No. 2530.03, OMB Control No. 2080-0082) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. Before doing so, EPA is soliciting public
comments on specific aspects of the proposed information collection as
described below. This is a proposed extension of the ICR, which is
currently approved through January 1, 2023. An Agency may not conduct
or sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before August 1, 2022.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-ORD-
2016-0010 online using www.regulations.gov (our preferred method), by
email to [email protected], or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Viktoriya Plotkin, Center for
Environmental Solution and Emergency Response, Office of Research and
Development, 26 W Martin Luther King Dr., Cincinnati, Ohio, 45268;
telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package

will then be submitted to OMB for review and approval. At that time,
EPA will issue another Federal Register notice to announce the
submission of the ICR to OMB and the opportunity to submit additional
comments to OMB.
    Abstract: To comply with the U.S. Government Policy for
Institutional Oversight of Life Sciences Dual Use Research of Concern
(iDURC Policy), EPA must ensure that the institutions subject to iDURC
Policy appropriately train their laboratory personnel and maintain
records of their training. This training is specific to ``dual use
research of concern,'' and should include information on how to
properly identify DURC, appropriate methods for ensuring research that
is determined to be DURC, and that it is conducted and communicated
responsibly.
    Form Numbers: None.
    Respondents/affected entities: Private sector and federal-owned/
contractor-operated labs.
    Respondent's obligation to respond: Mandatory (Per EPA Order
1000,19: Policy and Procedures for Managing Dual Use Research of
Concern).
    Estimated number of respondents: Forty (total).
    Frequency of response: Only once and/or as necessary.
    Total estimated burden: 20 hours (per year). Burden is defined at 5
CFR 1320.03(b)
    Total estimated cost: $1,260 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is no change in estimate from the
previous ICR renewal submission.

Gregory Sayles,
Director, Center for Environmental Solutions and Emergency Response,
Office of Research and Development.
[FR Doc. 2022-11572 Filed 5-27-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Page 68426]
[FR Doc No: 2016-23898]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2013-N-0115; FDA-2013-N-0717]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, Three White Flint North, 11601 Landsdown
St., North Bethesda, MD 20852<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the Internet at http://www.reginfo.gov/public/do/PRAMain. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

        Table 1--List of Information Collections Approved By OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                  No.           expires
------------------------------------------------------------------------
Manufactured Food Regulatory Program           0910-0601       9/30/2019
 Standards..............................
Evaluation of the Food and Drug                0910-0753       9/30/2019
 Administration's General Market Youth
 Tobacco Prevention Campaign............
------------------------------------------------------------------------

    Dated: September 27, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-23898 Filed 10-3-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Notices]
[Pages 29705-29712]
[FR Doc No: 2012-12018]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66974; File No. S7-966]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing and Order Approving and Declaring
Effective an Amendment to the Plan for the Allocation of Regulatory
Responsibilities Among the BATS Exchange, Inc., BOX Options Exchange,
LLC, the Chicago Board Options Exchange, Incorporated, C2 Options
Exchange, Incorporated, the International Securities Exchange, LLC,
Financial Industry Regulatory Authority, Inc., the New York Stock
Exchange LLC, NYSE Amex LLC, NYSE Arca, Inc., The NASDAQ Stock Market
LLC, NASDAQ OMX BX, Inc., and NASDAQ OMX PHLX, Inc. Concerning Options-
Related Sales Practice Matters

May 11, 2012.
    Notice is hereby given that the Securities and Exchange Commission
(``Commission'') has issued an Order, pursuant to Section 17(d) of the
Securities Exchange Act of 1934 (``Act''),\1\ approving and declaring
effective an amendment to the plan for allocating regulatory
responsibility filed on May 2, 2012, pursuant to Rule 17d-2 of the
Act,\2\ by the BATS Exchange, Inc. (``BATS''), BOX Options Exchange,
LLC (``BOX'') the Chicago Board Options Exchange, Incorporated
(``CBOE''), C2 Options Exchange, Incorporated (``C2''), the
International Securities Exchange, LLC (``ISE''), Financial Industry
Regulatory Authority, Inc. (``FINRA''), the New York Stock Exchange LLC
(``NYSE''), NYSE Amex LLC (``Amex''), NYSE Arca, Inc. (``Arca''), The
NASDAQ Stock Market LLC (``NASDAQ''), NASDAQ OMX BX, Inc. (``BX''), and
NASDAQ OMX PHLX, Inc. (``Phlx'') (collectively, ``SRO participants'').
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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
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association 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) \4\ or Section 19(g)(2) \5\ 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''). Such 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. 78q(d).
    \5\ 15 U.S.C. 78s(g)(2).
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    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ 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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    \6\ 15 U.S.C. 78q(d)(1).
    \7\ 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.\8\ Rule 17d-1 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.\9\ 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 the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with 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.
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    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
---------------------------------------------------------------------------

    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their 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 is 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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    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
---------------------------------------------------------------------------

II. The Plan

    On September 8, 1983, the Commission approved the SRO participants'
plan for allocating regulatory responsibilities pursuant to Rule 17d-
2.\11\ On May 23, 2000, the Commission approved an amendment to the
plan that added the ISE as a participant.\12\ 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.\13\ 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.\14\ On December 5, 2007, the parties
submitted an amendment to the plan to, among other things, provide that
the National Association of Securities Dealers (``NASD'') (n/k/a the
Financial Industry Regulatory Authority, Inc. or ``FINRA'') and NYSE
are Designated Options Examining Authorities under the plan.\15\ On
June 5, 2008, the parties submitted an amendment to the plan primarily
to remove the NYSE as a Designated Options Examining Authority, leaving
FINRA as the sole Designated Options Examining Authority for all common
members that are members of FINRA.\16\ On February 9, 2010, the parties
submitted a proposed amendment to the plan to add BATS and C2 as SRO
participants and to reflect the name changes of the American Stock
Exchange LLC to the NYSE Amex LLC, the Boston Stock Exchange, Inc., to
the NASDAQ OMX BX, Inc. and the Philadelphia Stock Exchange, Inc. to
the NASDAQ OMX PHLX, Inc. \17\
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    \11\ See Securities Exchange Act Release No. 20158 (September 8,
1983), 48 FR 41256 (September 14, 1983).
    \12\ See Securities Exchange Act Release No. 42816 (May 23,
2000), 65 FR 34759 (May 31, 2000).
    \13\ See Securities Exchange Act Release No. 46800 (November 8,
2002), 67 FR 69774 (November 19, 2002).
    \14\ See Securities Exchange Act Release No. 49197 (February 5,
2004), 69 FR 7046 (February 12, 2004).
    \15\ See Securities Exchange Act Release No. 55532 (March 26,
2007), 72 FR 15729 (April 2, 2007).
    \16\ See Securities Exchange Act Release No. 57987 (June 18,
2008), 73 FR 36156 (June 25, 2008).
    \17\ See Securities Exchange Act Release No. 61589 (February 25,
2010), 75 FR 9976 (March 4, 2010).
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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 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 plan, any other SRO of which
the firm is a member is relieved of these responsibilities during the
period in which the firm is assigned to another SRO acting as that
firm's DOEA.

III. Proposed Amendment to the Plan

    On May 2, 2012, the parties submitted a proposed amendment to the
plan. The primary purpose of the amendment is to add BOX as an SRO
participant. The text of the proposed amended 17d-2 plan is as follows
(additions are italicized; deletions are [bracketed]):
* * * * *

Agreement by and Among BATS Exchange, Inc., BOX Options Exchange, LLC,
the Chicago Board Options Exchange, Incorporated, C2 Options Exchange,
Incorporated, the International Securities Exchange, LLC, Financial
Industry Regulatory Authority, Inc., the New York Stock Exchange LLC,
the NYSE Amex LLC, the NYSE Arca, Inc., The NASDAQ Stock Market LLC,
NASDAQ OMX BX, Inc. and the NASDAQ OMX PHLX[, Inc.] LLC Pursuant to
Rule 17d-2 Under the Securities Exchange Act of 1934.

    This agreement (``Agreement''), by and among BATS Exchange,
Inc., BOX Options Exchange, LLC, the Chicago Board Options Exchange,
Incorporated, C2 Options Exchange, Incorporated, the International
Securities Exchange, LLC, Financial Industry Regulatory Authority,
Inc. (``FINRA''), The NASDAQ Stock Market LLC (``NASDAQ''), NASDAQ
OMX BX, Inc., the New York Stock Exchange LLC (``NYSE''), the NYSE
Amex LLC, the NYSE Arca, Inc., and the NASDAQ

OMX PHLX[, Inc.] LLC, hereinafter collectively referred to as the
Participants, is made this [5th] 25th day of [February, 2010]
April,2012, 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'').
    This Agreement amends and restates the agreement entered into
among the Participants on [June] February 5, [2008] 2010, entitled
``Agreement by and among [the American Stock Exchange, LLC, the
Boston Stock] BATS Exchange, Inc., the Chicago Board Options
Exchange, Incorporated, C2 Options Exchange, Incorporated, the
International Securities Exchange, LLC, Financial Industry
Regulatory Authority, Inc., the New York Stock Exchange LLC, NYSE
Amex LLC, the NYSE Arca, Inc., the NASDAQ Stock Market LLC, NASDAQ
OMX BX, Inc. and the [Philadelphia Stock Exchange] NASDAQ OMX PHLX,
Inc., Pursuant to Rule 17d-2 under the Securities Exchange Act of
1934.''
    WHEREAS, the Participants are desirous of allocating regulatory
responsibilities with respect to broker-dealers, and persons
associated therewith, that are members \1\ of more than one
Participant (the ``Common Members'') and conduct a public business
for compliance with Common Rules (as hereinafter defined) relating
to the conduct by broker-dealers of accounts for listed options,
index warrants, currency index warrants and currency warrants
(collectively, ``Covered Securities''); and
---------------------------------------------------------------------------

    \1\ In the case of BOX Options Exchange, LLC (``BOX''), NASDAQ
OMX BX, Inc. (``BX'') and NASDAQ members are those persons who are
options participants (as defined in the BOX, BX and NASDAQ Options
Market Rules).
---------------------------------------------------------------------------

    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. As used herein the term Designated Options Examining
Authority (``DOEA'') shall mean: (1) FINRA insofar as it shall
perform Regulatory Responsibility (as hereinafter defined) for its
broker-dealer members that also are members of another Participant
or (2) 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 a more than one Participant
(but not a member of FINRA).
    II. As used herein, the term ``Regulatory Responsibility'' shall
mean the examination and enforcement responsibilities relating to
compliance by Common Members with the rules of the applicable
Participant that are substantially similar to the rules of the other
Participants (the ``Common Rules''), insofar as they apply to the
conduct of accounts for Covered Securities. 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 FINRA and each DEA performing as a DOEA for any members
of such Participant any revisions to Exhibit A reflecting changes in
the rules of the Participant, 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 FINRA and each DEA performing as a DOEA has received
revisions and/or confirmation that no change has been made to
Exhibit A from all Participants, FINRA and each DEA performing as a
DOEA 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) 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) Registration pursuant to its applicable rules of associated
persons;
    (c) Discharge of its duties and obligations as a DEA; and
    (d) Evaluation of advertising, responsibility for which shall
remain with the Participant to which a Common Member submits same
for approval.
    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, the Regulatory Responsibility in such case shall
be deemed transferred to the accepting Participant and confirmed in
writing by the Participants involved. 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. 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. The representative from FINRA shall serve as Chair of the
Council. 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. FINRA shall have Regulatory Responsibility for all Common
Members that are members of FINRA. For the purpose of fulfilling the
Participants' Regulatory Responsibilities for Common Members that
are not members of FINRA, the Participant that is the DEA shall
serve as the DOEA. All Participants shall promptly notify the DOEAs
no later than the next scheduled meeting of any change in membership
of Common Members. A DOEA may request that a Common Member that is
allocated to it be reallocated to another DOEA by giving thirty days
written notice thereof. The DOEAs in their discretion may approve
such request and reallocate such Common Member to another DOEA.
    VII. Each DOEA shall conduct an examination of each Common
Member. The 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 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.
    VIII. Each DOEA will promptly furnish a copy of the Examination
report, 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 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. Each DOEA shall discharge the Regulatory Responsibility for
each Common Member allocated to it relative to a Covered Securities-
related customer complaint \2\ unless such complaint 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.
---------------------------------------------------------------------------

    \2\ For purposes of complaints, they can be reported pursuant to
Form U4, Form U5 or RE-3 and any amendments thereto.
---------------------------------------------------------------------------

    XI. 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 email at such address
as the representative shall have filed in writing with the Chair.
    XII. The Participants shall notify the Common Members of this
Agreement by means of a uniform joint notice approved by the
Council.
    [XIII. This Agreement may be amended in writing duly approved by
each Participant.]
    XIII. This Agreement may be amended to add a new Participant
provided that such Participant does not assume Regulatory
Responsibility, solely by an amendment by FINRA and such new
Participant. All other Participants expressly consent to allow FINRA
to add new Participants to this Agreement as provided above. FINRA
will promptly notify all Participants of any such amendments to add
new Participants. All other amendments to this Agreement must be
approved in writing by each Participant. All amendments, including
adding a new Participant, must be filed with and approved by the SEC
before they become effective.
    XIV. Any of the Participants may manifest its intention to
cancel its participation in this Agreement at any time by giving the
Council 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, 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. 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.
    XVI. 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.
    XVII. 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.

EXHIBIT A

RULES ENFORCED UNDER 17d-2 AGREEMENT

    Pursuant to Section II of the Agreement by and among BATS
Exchange, Inc. (``BATS''), BOX Options Exchange, LLC (``BOX''), the
Chicago Board Options Exchange, Incorporated (``CBOE''), C2 Options
Exchange, Incorporated (``C2''), the International Securities
Exchange, LLC (``ISE''), Financial Industry Regulatory Authority,
Inc. (``FINRA''), The NASDAQ Stock Market LLC (``NASDAQ''), NASDAQ
OMX BX, Inc. (``BX''), the New York Stock Exchange LLC (``NYSE''),
the NYSE Amex LLC (``NYSE Amex''), the NYSE Arca, Inc. (``NYSE
ARCA''), and the NASDAQ OMX PHLX[, Inc.] LLC (``PHLX'') pursuant to
Rule 17d-2 under the Securities Exchange Act of 1934 dated [February
5, 2010] April 25, 2012 (the ``Agreement''), a revised list of the
current Common Rules of each Participant, as compared to those of
FINRA, applicable to the conduct of accounts for Covered Securities
is set forth in this Exhibit A.

------------------------------------------------------------------------

-----------------------------------------
           Opening of Accounts
------------------------------------------------------------------------
 NYSE Amex  Rules 411, 921 and 1101
      BATS  Rule 26.2
       BOX  Rule 4020 \1\
      CBOE  Rule 9.7
     C2 **  CBOE Rule 9.7
       ISE  Rule 608
     FINRA  Rules 2360(b)(16) and 2352
      NYSE  Rule 721 \2\
      PHLX  Rule 1024(b) and (c) \3\
 NYSE ARCA  Options Rules 9.2(a) and
             9.18(b) and Equities Rule
             8.4
  BX[/BOX]  Chapter XI, Section 9
    NASDAQ  Chapter XI, Section 7
------------------------------------------------------------------------
               Supervision
------------------------------------------------------------------------
 NYSE Amex  Rules 411, 922 and 1104
      BATS  Rule 26.3
       BOX  Rule 4030

      CBOE  Rule 9.8
        C2  CBOE Rule 9.8
       ISE  Rule 609
     FINRA  Rules 2360(b)(20),
             2360(b)(17)(B),
             2360(b)(16)(E), 2355 and
             2358
      NYSE  N/A
      PHLX  Rule 1025
 NYSE ARCA  Options Rules 9.2(b) and
             9.18(d)(2)(G) and Equities
             Rule 8.7
  BX[/BOX]  Chapter XI, Section 10
    NASDAQ  Chapter XI, Section 8
------------------------------------------------------------------------
               Suitability
------------------------------------------------------------------------
      AMEX  Rules 923 and 1102
      BATS  Rule 26.4
       BOX  Rule 4040
      CBOE  Rule 9.9
        C2  CBOE Rule 9.9
       ISE  Rule 610
     FINRA  Rule 2360(b)(19) and 2353
      NYSE  Rule 723
      PHLX  Rule 1026
 NYSE ARCA  Options Rule 9.18(c) and
             Equities Rule 8.5
  BX[/BOX]  Chapter XI, Section 11
    NASDAQ  Chapter XI, Section 9
------------------------------------------------------------------------
          Discretionary Accounts
------------------------------------------------------------------------
 NYSE Amex  Rules 421, 924 and 1103
      BATS  Rule 26.5 \4\
       BOX  Rule 4050 \4\
      CBOE  Rule 9.10
        C2  CBOE Rule 9.10
       ISE  Rule 611
     FINRA  Rules 2360(b)(18) and 2354
      NYSE  N/A
      PHLX  Rule 1027
 NYSE ARCA  Options Rule 9.18(e) and
             Equities Rule 8.6
  BX[/BOX]  Chapter XI, Section 12
    NASDAQ  Chapter XI, Section 10
------------------------------------------------------------------------
  Customer Communications (Advertising)
------------------------------------------------------------------------
 NYSE Amex  Rules 991 and 1106
      BATS  Rule 26.16
       BOX  Rule 4170
      CBOE  Rule 9.21 \5\
        C2  CBOE Rule 9.[21 \4\] \5\
       ISE  Rule 623 \6\
     FINRA  Rules 2220 and 2357
      NYSE  N/A
      PHLX  N/A
 NYSE ARCA  Options Rules 9.21(a) and
             9.21(b)
  BX[/BOX]  Chapter XI, Section 24
    NASDAQ  Chapter XI, Section 22
------------------------------------------------------------------------
           Customer Complaints
------------------------------------------------------------------------
 NYSE Amex  Rules 932 and 1105
      BATS  Rule 26.17
       BOX  Rule 4190
      CBOE  Rule 9.23
        C2  CBOE Rule 9.23
       ISE  Rule 625
     FINRA  FINRA Rules 2360(b)(17)(A)
             and 2356 [and NASD Rule
             3070(a) and (c)]
      NYSE  Rules 732 & 351(a) and (d)
      PHLX  Rule 1070
 NYSE ARCA  Options Rule 9.18(I) and
             Equities Rule 8.8
  BX[/BOX]  Chapter XI, Section 26
    NASDAQ  Chapter XI, Section 24
------------------------------------------------------------------------
           Customer Statements
------------------------------------------------------------------------
 NYSE Amex  Rules 419 and 930
      BATS  Rule 26.7
       BOX  Rule 4070
      CBOE  Rule 9.12
        C2  CBOE Rule 9.12

       ISE  Rules 613
     FINRA  Rule 2360(b)(15)
      NYSE  Rules 730
      PHLX  Rule 1032
 NYSE ARCA  Options Rule 9.18(j)
  BX[/BOX]  Chapter XI, Sections 14
    NASDAQ  Chapter XI, [Sections]
             Section 12
------------------------------------------------------------------------
              Confirmations
------------------------------------------------------------------------
 NYSE Amex  Rule 925
      BATS  Rule 26.6
       BOX  Rule 4060 \7\
      CBOE  Rule 9.11
        C2  CBOE Rule 9.11
       ISE  Rule 612
     FINRA  Rule 2360(b)(12)
      NYSE  Rules 725 \8\
      PHLX  Rule 1028
 NYSE ARCA  Options Rule 9.18(f)
  BX[/BOX]  Chapter XI, Section 13
    NASDAQ  Chapter XI, Section 11
------------------------------------------------------------------------
Allocation of Exercise Assignment Notices
------------------------------------------------------------------------
 NYSE Amex  Rule 981
      BATS  Rule 23.2
       BOX  Rule 9010
      CBOE  Rule 11.2
        C2  CBOE Rule 11.2
       ISE  Rule1101
     FINRA  Rule 2360(b)(23)(C)
      NYSE  Rule 781
      PHLX  Rule 1043
 NYSE ARCA  Options Rule 6.25(a)
  BX[/BOX]  Chapter VII, Section 2
    NASDAQ  Chapter VIII, Section 2
------------------------------------------------------------------------
           Disclosure Documents
------------------------------------------------------------------------
 NYSE Amex  Rules 921 and 926
      BATS  Rule 26.10
       BOX  Rule 4100
      CBOE  Rule 9.15
        C2  CBOE Rule 9.15
       ISE  Rule 616
     FINRA  Rule 2360(b)(11)
      NYSE  Rule 726(a) and (c)
      PHLX  Rule 1024(b)(v), 1029
 NYSE ARCA  Options Rule 9.18(g)
  BX[/BOX]  Chapter XI, Section 17
    NASDAQ  Chapter XI, Section 15
------------------------------------------------------------------------
  Branch Offices of Member Organizations
------------------------------------------------------------------------
 NYSE Amex  Rule 922(d) \9\
       BOX  Rule 4010(b)
      CBOE  Rule 9.6
        C2  CBOE Rule 9.6
       ISE  Rule 607
     FINRA  Rules 2360(b)(20)(B) and 2355
      NYSE  N/A
      PHLX  N/A
 NYSE ARCA  Options Rule 9.18(m)
  BX[/BOX]  Chapter XI, Section 8
    NASDAQ  Chapter XI, Section 6
------------------------------------------------------------------------
      Prohibition Against Guarantees
------------------------------------------------------------------------
 NYSE Amex  Rule 390
      BATS  Rule 26.13
       BOX  Rule 4130
      CBOE  Rule 9.18
        C2  CBOE Rule 9.18
       ISE  Rules 619
     FINRA  Rule 2150(b)
      NYSE  Rule 2150(b)

      PHLX  Rule 777
 NYSE ARCA  Options Rule 9.1(e)
  BX[/BOX]  Chapter XI, Sections 20 and
             21
    NASDAQ  Chapter XI, Sections 18 and
             19
------------------------------------------------------------------------
           Sharing in Accounts
------------------------------------------------------------------------
 NYSE Amex  Rule 390
      BATS  Rule 26.14
       BOX  Rule 4140
      CBOE  Rule 9.18(b)
        C2  CBOE Rule 9.18(b)
       ISE  Rule 620 \10\
     FINRA  Rule 2150(c)
      NYSE  Rules 2150(c)
      PHLX  N/A
 NYSE ARCA  Options Rule 9.1(f)
  BX[/BOX]  Chapter XI, Section 21
    NASDAQ  Chapter XI, Section 19 \11\
------------------------------------------------------------------------
           Registration of Rop
------------------------------------------------------------------------
 NYSE Amex  Rule 920
      BATS  17.2(g)(1), (2), (6) and (7)
       BOX  Rule 2020(c)(1), (e)(1) and
             IM-2040-4 and IM-2040-5(b)
      CBOE  Rule 9.2
        C2  CBOE Rule 9.2
       ISE  Rule 601
     FINRA  NASD Rules 1022(f) & IM-1022-
             1
      NYSE  N/A
      PHLX  Rule 1024(a)(i)
 NYSE ARCA  Options Rule 9.26
  BX[/BOX]  Chapter XI, Section 2
    NASDAQ  Chapter XI, Section 2
------------------------------------------------------------------------
  Certification of Registered Personnel
------------------------------------------------------------------------
 NYSE Amex  Rule 920
      BATS  Rule 2.5 Interpretation
             .01(c) and 11.4(e)
       BOX  IM-2040-3
      CBOE  Rule 9.3
        C2  CBOE Rule 9.3
       ISE  Rule 602
     FINRA  NASD Rule 1032(d)
      NYSE  N/A
      PHLX  Rule 1024
 NYSE ARCA  Options Rule 9.27(a)
  BX[/BOX]  Chapter XI, Section 3
    NASDAQ  Chapter XI, Section 3
------------------------------------------------------------------------
\1\ FINRA shall not have any Regulatory Responsibility regarding the
  requirement for designation of Senior Options Principal and Compliance
  Options Principal.
* Pursuant to C2 Chapters 9 and 11, the rules contained in CBOE Chapters
  IX and XI and referenced herein shall apply to C2.
\2\ FINRA shall not have any Regulatory Responsibility regarding opening
  short uncovered option accounts requirements.
\3\ FINRA shall not have any Regulatory Responsibility regarding foreign
  currency option requirements specified in any of the PHLX rules in
  this Exhibit A.
\4\ FINRA shall not have any Regulatory Responsibility to enforce this
  rule as to time and price discretion in institutional accounts. In
  addition FINRA shall not have any Regulatory Responsibility regarding
  BOX Rule 4050(a)(2).
\5\ FINRA shall not have any Regulatory Responsibility regarding CBOE's
  and C2's requirements to the extent that a customer would meet FINRA's
  definition of Institutional Investor and Institutional Sales Material
  but would not meet the requirements for such definitions in under
  CBOE's and C2's rule.
\6\ FINRA shall not have any Regulatory Responsibility regarding ISE's
  requirements to the extent that a customer would meet FINRA's
  definition of Institutional Investor and Institutional Sales Material
  but would not meet the requirements for such definitions in under such
  rule. In addition, FINRA shall not have any Regulatory Responsibility
  regarding ISE's requirements regarding approval of all market letters.
\7\ FINRA shall not have any Regulatory Responsibility regarding the
  requirement in confirmations to distinguish between BOX option
  transactions and other transactions in option contracts.
\8\ FINRA shall not have any Regulatory Responsibility regarding the
  requirement in confirmations to distinguish between NYSE option
  transactions and other transactions in option contracts.
\9\ FINRA shall only have Regulatory Responsibility for the first
  paragraph and shall not have any Regulatory Responsibility regarding
  the requirements for debt options.
\10\ FINRA shall not have any Regulatory Responsibility regarding ISE's
  requirements to the extent its rule does not contain an exception to
  permit sharing in the profits and losses of an account.
\11\ FINRA shall not have any Regulatory Responsibility regarding
  NASDAQ's requirements to the extent such rules do not contain an
  exception addressing immediate family.

* * * * *

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number S7-966 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
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 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/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan 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, on official business days between
the hours of 10:00 a.m. and 3:00 p.m. Copies of the plan also will be
available for inspection and copying at the principal offices of BATS,
BOX, CBOE, C2, ISE, FINRA, NYSE, Amex, Arca, NASDAQ, BX and 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 S7-966 and should
be submitted on or before June 8, 2012.

V. Discussion

    The Commission continues to believe that the proposed plan is an
achievement in cooperation among the SRO participants. The Plan, as
amended, will reduce unnecessary regulatory duplication by allocating
to the designated SRO the responsibility for certain options-related
sales practice matters that would otherwise be performed by multiple
SROs. The plan promotes efficiency by reducing costs to firms that are
members of more than one of the SRO participants. In addition, because
the SRO participants coordinate their regulatory functions in
accordance with the plan, the plan promotes, and will continue to
promote, investor protection.
    Under paragraph (c) of Rule 17d-2, the Commission may, after
appropriate notice and comment, declare a plan, or any part of a plan,
effective. In this instance, the Commission believes that appropriate
notice and comment can take place after the proposed amendment is
effective. The primary purpose of the amendment is to add BOX as an SRO
participant. By declaring it effective today, the amended Plan can
become effective and be implemented without undue delay.\18\ The
Commission notes that the prior version of this plan immediately prior
to this proposed amendment was published for comment and the Commission
did not receive any comments thereon.\19\ Furthermore, the Commission
does not believe that the amendment to the plan raises any new
regulatory issues that the Commission has not previously considered.
---------------------------------------------------------------------------

    \18\ On April 27, 2012, the Commission granted BOX's application
for registration as a national securities exchange. See Securities
Exchange Act Release No. 66871 (April 27, 2012), 77 FR 26323 (May 3,
2012).
    \19\ See supra note 17 (citing to Securities Exchange Act
Release No. 61589).
---------------------------------------------------------------------------

VI. Conclusion

    This order gives effect to the amended plan submitted to the
Commission that is contained in File No. S7-966.
    It is therefore ordered, pursuant to Section 17(d) of the Act,\20\
that the amended plan dated April 25, 2012, by and between the BATS,
BOX, CBOE, C2, ISE, FINRA, NYSE, Amex, Arca, NASDAQ, BX and the Phlx
filed pursuant to Rule 17d-2 on May 2, 2012 is hereby approved and
declared effective.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78q(d).
---------------------------------------------------------------------------

    It is further ordered that those SRO participants that are not the
DOEA as to a particular common member are relieved of those regulatory
responsibilities allocated to the common member's DOEA under the
amended plan to the extent of such allocation.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12018 Filed 5-17-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 17, 2007 (Volume 72, Number 95)]
[Notices]
[Page 27881-27884]
[DOCID:fr17my07-128]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55741; File No. SR-CME-2007-01]

Self-Regulatory Organization; Chicago Mercantile Exchange; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Listing Standards for Security Futures Products

May 10, 2007.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-7 under the Act,\2\ notice is hereby given
that on April 19, 2007, Chicago Mercantile Exchange (``CME'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change 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. CME also has
certified the proposed rule change with the Commodity Futures Trading
Commission (``CFTC'') under Section 5c(c) of the Commodity Exchange Act
(``CEA'') \3\ on April 19, 2006.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 17 CFR 240.19b-7.
    \3\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------

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

    The Exchange proposes to enact a technical amendment with respect
to the identification of the subject of a contract. Specifically,
futures on Nasdaq-100 Tracking Stock SM (``QQQQ'') shall
henceforth be known as PowerShares QQQ TM (``QQQQ''). The
name change is occasioned by the fact that PowerShares Capital
Management LLC assumed sponsorship of the NASDAQ-100 Trust, which
tracks the NASDAQ-100 Index[supreg] commencing April 12, 2007. Note
further that the CUSIP number associated with the ETF is amended to
``73935A 104.''

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 A, B, and C below, of the most significant aspects or such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to enact a technical amendment with respect
to the identification of the subject of a contract. Specifically,
futures on Nasdaq-100 Tracking StockSM (``QQQQ'') shall
henceforth be known as PowerShares QQQTM (``QQQQ''). The
name change is occasioned by the fact that PowerShares Capital
Management LLC assumed sponsorship of the NASDAQ-100 Trust, which
tracks the NASDAQ-100 Index[supreg] commencing April 12, 2007. Note
further that the CUSIP number associated with the ETF is amended to
``73935A 104.''
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act \4\ and, in particular, furthers the
objectives of Section 6(b)(5) \5\ of the Act insofar as it is designed
to prevent fraudulent and manipulative acts and to promote just and
equitable principles of trade. The Exchange further believe that the
proposed rule change is consistent with Section 6(h)(3)\6\ of the Act
which contains detailed requirements for listing standards and
conditions for trading applicable to security futures products. The
information below is offered in support of these statements.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 15 U.S.C. 78f(h)(3).
---------------------------------------------------------------------------

    Section 6(h)(3) of the Act \7\ contains detailed requirements for
listing standards and conditions for trading applicable to security
futures products. Set forth below is a summary of each such requirement
or condition, followed by a brief explanation of how CME will comply
with it, whether by particular

provisions in the CME Listing Standards or otherwise.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(h)(3).
---------------------------------------------------------------------------

    Clause (A) of Section 6(h)(3)\8\ requires that any security
underlying a security future be registered pursuant to Section 12 of
the Act.\9\ This requirement is addressed by CME Rules 70001.2,
70002.1.a., 70003.2.b., and 70004.2.a.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(h)(3)(A).
    \9\ 15 U.S.C. 78l.
---------------------------------------------------------------------------

    Clause (B) of Section 6(h)(3) \10\ requires that a market on which
a physically settled security futures product is traded have
arrangements in place with a registered clearing agency for the payment
and delivery of the securities underlying the security futures product.
CME has reached an agreement with a member of DTC, a registered
clearing agency, to facilitate the delivery-versus-payment transactions
which result from an agreement to make or take delivery of the
underlying security by the market participant. This DTC member will
provide CME with a dedicated DTC account. This account will be a sub-
account of the DTC member's main account and will be utilized solely
for CME activity with respect to the delivery of, and payment for,
securities delivered against CME security futures products. CME will
act as a contra party to each delivery transaction. CME's Clearing
House will submit delivery instructions to DTC through the DTC member.
Market participants will be required to provide proof to CME outlining
their operational and legal ability to make or take delivery of the
underlying. These agreements and relevant procedures will be fully
operational prior to any possible delivery event associated with such
security futures products.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(h)(3)(B).
---------------------------------------------------------------------------

    Clause (C) of Section 6(h)(3) \11\ provides that listing standards
for security futures products must be no less restrictive than
comparable listing standards for options traded on a national
securities exchange or national securities association registered
pursuant to Section 15A(a) of the Act.\12\ For the reasons discussed
above, notwithstanding specified differences between the Sample Listing
Standards and the CME Listing Standards, CME believes that the latter
are no less restrictive than comparable listing standards for exchange-
traded options.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(h)(3)(C).
    \12\ 15 U.S.C. 78o-3(a).
---------------------------------------------------------------------------

    Clause (D) of Section 6(h)(3) \13\ requires that each security
future be based on common stock or such other equity securities as the
Commission and the CFTC jointly determine are appropriate. This
requirement is addressed by Rules 70001.1, 70002.1, 70003.2, and
70004.2.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(h)(3)(D).
---------------------------------------------------------------------------

    Clause (E) of Section 6(h)(3) \14\ requires that each security
futures product be cleared by a clearing agency that has in place
provisions for linked and coordinated clearing with other clearing
agencies that clear security futures products, which permits the
security futures product to be purchased on one market and offset on
another market that trades such product. CME intends to clear security
futures products traded through Exchange facilities through the CME
Clearing House Division. The Clearing House Division will have in place
all provisions for linked and coordinated clearing as mandated by law
and statute as of the effective date of such laws and statutes. CME
will facilitate deliveries with a registered clearing agency to
facilitate the payment and delivery of securities underlying security
futures products, through the facilities of a third party agent.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(h)(3)(E).
---------------------------------------------------------------------------

    Clause (F) of Section 6(h)(3) \15\ requires that only a broker or
dealer subject to suitability rules comparable to those of a national
securities association registered pursuant to Section 15A(a) of the Act
\16\ effect transactions in a security futures product.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(h)(3)(F).
    \16\ 15 U.S.C. 78o-3(a).
---------------------------------------------------------------------------

    CME clearing members, and their correspondents, are bound by the
applicable sales practice rules of the National Futures Association
(``NFA''), which is a national securities association. As such, the
sales practice rules of NFA are, perforce, comparable to those of a
national securities association registered pursuant to Section 15A(a)
of the Act.\17\ The application of NFA sales practice rules is extended
beyond the CME clearing membership to the extent that NFA By-Law 1101
provides that ``[n]o member may carry an account, accept an order or
handle a transaction in commodity futures contracts for or on behalf of
any non-Member of NFA.''
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78o-3(a).
---------------------------------------------------------------------------

    Clause (G) of Section 6(h)(3) \18\ requires that each security
futures product be subject to the prohibition against dual trading in
Section 4j of the CEA \19\ and the rules and regulations thereunder or
the provisions of Section 11(a) of the Act \20\ and the rules and
regulations thereunder. Exchange Rule 123 requires Exchange members to
comply with all applicable ``provisions of the Commodity Exchange Act
and regulations duly issued pursuant thereto by the CFTC.''
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(h)(3)(G).
    \19\ 7 U.S.C. 6j.
    \20\ 15 U.S.C. 78k(a).
---------------------------------------------------------------------------

    Note that the prohibition of dual trading in security futures
products per Regulation Sec.  41.27 \21\ adopted pursuant to Section
4j(a) of the CEA,\22\ generally, applies to a contract market operating
an electronic trading system if such market provides floor brokers
executing customer orders through open outcry a contemporaneous
placement of orders on behalf of specified accounts on an electronic
trading platform and a time or place advantage or the ability to
override a predetermined matching algorithm. The Exchange offers
security futures products exclusively on its CME Globex electronic
trading platform. Thus, the conditions cited above are inapplicable in
this context and the CME Rulebook contains no specific rule relating to
dual trading in an electronic forum.
---------------------------------------------------------------------------

    \21\ 17 CFR 41.27.
    \22\ 7 U.S.C. 6j(a).
---------------------------------------------------------------------------

    Clause (H) of Section 6(h)(3) \23\ provides that trading in a
security futures product must not be readily susceptible to
manipulation of the price of such security futures product, nor to
causing or being used in the manipulation of the price of any
underlying security, option on such security, or option on a group or
index including such securities. CME Listing Standards are designed to
ensure that CME products and the underlying securities will not be
readily susceptible to price manipulation. Exchange Rule 432 defines
activity ``to manipulate prices or to attempt to manipulate prices'' as
a ``major offense,'' punishable, per Exchange Rule 430, by ``expulsion,
suspension, and/or a fine of not more than $1,000,000 plus the monetary
value of any benefit received as a result of the violative action.''
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(h)(3)(H).
---------------------------------------------------------------------------

    Clause (I) of Section 6(h)(3) \24\ requires that procedures be in
place for coordinated surveillance amongst the market on which a
security futures product is traded, any market on which any security
underlying the security futures product is traded, and other markets on
which any related security is traded to detect manipulation and insider
trading.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(h)(3)(I).
---------------------------------------------------------------------------

    The Exchange has surveillance procedures in place to detect
manipulation on a coordinated basis with other markets. In particular,
CME is an affiliate member of the Intermarket Surveillance Group
(``ISG'') and is party

to an affiliate agreement and an agreement to share market surveillance
and regulatory information with the other ISG members. Further, CME is
party to a supplemental agreement with the other ISG members to address
the concerns expressed by the Commission with respect to affiliate ISG
membership.\25\
    Note that CME Rule 424, as shown in the Appendix below, permits CME
to enter into agreements for the exchange of information and other
forms of mutual assistance with domestic or foreign self-regulatory
organizations, associations, boards of trade and their respective
regulators.
---------------------------------------------------------------------------

    \25\ See Securities Exchange Act Release No. 45956 (May 17,
2002), 67 FR 36740 (May 24, 2002).
---------------------------------------------------------------------------

    Clause (J) of Section 6(h)(3) \26\ requires that a market on which
a security futures product is traded have in place audit trails
necessary or appropriate to facilitate the coordinated surveillance
referred to in the preceding paragraph.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(h)(3)(J).
---------------------------------------------------------------------------

    The Exchange relies upon its Market Regulation Department and its
large, highly trained staff to actively monitor market participants and
their trading practices; and to enforce compliance with Exchange Rules.
Market Regulation Department staff is organized into the Compliance and
the Market Surveillance Groups. In performing its functions the Market
Regulation Department routinely works closely with the Audit
Department, the Clearing House, the Legal Department, the Globex
Control Center, and the Information Technology Department.
    The Compliance area is responsible for enforcing the trading
practice rules of the Exchange through detection, investigation, and
prosecution of those who may attempt to violate those rules. Further,
the area is responsible for handling customer complaints, ensuring the
integrity of the Exchange's audit trail and administering an
arbitration program for the resolution of disputes. The area employs
investigators, attorneys, trading floor investigators, data analysts
and a computer programming and regulatory systems design staff.
    The Market Regulation Department has created some of the most
sophisticated tools in the world to assist with the detection of
possible rule violations and monitoring of the market. Among the
systems it uses are The Regulatory Trade Browser (``RTB''), the Virtual
Detection System (``VDS''), The Reportable Position System (``RPS''),
and the RegWeb Profile System (``RegWeb''). These systems include
information on all Globex users, all transactions, large positions, and
statistical information on trading entities.
    The Market Surveillance area is dedicated to the detection and
prevention of market manipulation and other similar forms of market
disruption. As part of these responsibilities, the group enforces the
Exchange's position limit rules, administers the hedge approval process
and maintains the Exchange's RPS system.
    The foundation of the Exchange's Market Surveillance program is the
deep knowledge of its staff about the major users, brokers, and
clearing firms, along with its relationship with other regulators. Day-
to-day monitoring of market positions is handled by a dedicated group
of surveillance analysts assigned to specific market(s). Each analyst
develops in-depth expertise of the factors that influence the market in
question. The Exchange estimates that perhaps 90% of the market users
at any single time are known to the Exchange. Daily surveillance staff
activities include:
     Monitoring positions for size based on percentage of open
interest and historic user participation in each contract.
     Aggregation of positions across clearing members, with the
use of CME trade reporting systems, to account for all positions held
by any single participant. This daily review permits the surveillance
analyst promptly to identify unusual market activity.
     As a contract approaches maturity, large positions are
scrutinized to determine whether such activity is consistent with prior
experience, allowing prompt regulatory intervention if necessary.
     Analysts closely monitor market news through on-line and
print media.
     Staff conducts on-site visits to large market participants
periodically.
    Market Regulation staff investigates possible misconduct and, when
appropriate, initiates disciplinary action. Exchange Rule 430 empowers
the Exchange's disciplinary committees to discipline, limit, suspend,
or terminate a member's activities for cause, amongst other sanctions.
Note further that the Exchange requires, per Rule 123, that members
shall be responsible for ``the filing of reports, maintenance of books
and records, and permitting inspection and visitation'' in order to
facilitate such investigations by Exchange staff.
    CME Rule 536 requires that certain information be recorded with
respect to each order which includes: time entered, terms of the order,
order type, instrument and contract month, price, quantity, account
type, account designation, user code, and clearing firm. This
information may be recorded manually on timestamped order tickets,
electronically in a clearing firms system, or by entering the orders
with the required information into Globex immediately upon receipt. A
complete Globex electronic audit trail is archived and maintained by
CME for at least a five year period. Clearing firms must also maintain
any written or electronic order records for a period of five years.
    Clause (K) of Section 6(h)(3) \27\ requires that a market on which
a security futures product is traded have in place procedures to
coordinate trading halts between such market and any market on which
any security underlying the security futures product is traded and
other markets on which any related security is traded.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78f(h)(3)(K).
---------------------------------------------------------------------------

    The Exchange filed with the Commission, pursuant to Rule 19b-7
under the Act,\28\ rules establishing a generalized framework for the
trade of security futures products.\29\ Specifically, these rules
establish a framework for the trade of Physically Delivered Single
Security Futures.
---------------------------------------------------------------------------

    \28\ 17 CFR 240.19b-7.
    \29\ See Securities Exchange Act Release No. 51957 (June 30,
2005), 70 FR 39820 (July 11, 2005) (SR-CME-2005-03).
---------------------------------------------------------------------------

    In particular, Rule 71001.F. provides, in accordance with
Regulation Sec.  41.25(a)(2) of CEA,\30\ that ``[t]rading of Physically
Delivered Single Security Futures shall be halted at all times that a
regulatory halt, as defined per SEC Rule 6h-1(a)(3) and CFTC Regulation
Sec.  41.1(l), has been instituted for the underlying security.''
---------------------------------------------------------------------------

    \30\ 17 CFR 41.25(a)(2).
---------------------------------------------------------------------------

    Clause (L) of Section 6(h)(3) \31\ requires that the margin
requirements for a security futures product comply with the regulations
prescribed pursuant to Section 7(c)(2)(B) of the Act.\32\ CME submitted
margin requirement rules \33\ to the Commission per Rule 19b-4 under
the Act.\34\ Thus, CME believes that its rules regarding customer
margin are consistent with the requirements of the Act.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78f(h)(3)(L).
    \32\ 15 U.S.C. 78g(c)(2)(B).
    \33\ See Securities Exchange Act Release No. 46637 (October 10,
2002), 67 FR 64672 (October 21, 2002) (SR-CME-2002-01).
    \34\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    For the reasons described above, CME believes that the rules
submitted herewith, satisfy the requirements set forth in Section
6(h)(3) of the Act.\35\
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78f(h)(3).

---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    CME does not believe that this amendment will have an impact on
competition, because it represents a technical change in reference to
the security underlying the futures contract.

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

    Comments on the proposed rule change have not been solicited.

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

    The foregoing proposed rule change has become effective pursuant to
Section 19(b)(7) of the Act.\36\ Within 60 days of the date of
effectiveness of the proposed rule change, the Commission, after
consultation with the CFTC, may summarily abrogate the proposed rule
change and require that the proposed rule change be refiled in
accordance with the provisions of Section 19(b)(1) of the Act.\37\
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78s(b)(7).
    \37\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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 No. SR-CME-2007-01 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CME-2007-01. 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 CME. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File No. SR-
CME-2007-01 and should be submitted on or before June 7, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. E7-9501 Filed 5-16-07; 8:45 am]

BILLING CODE 8010-01-P


Printed on 100% recycled/ recyclable paper with 100% post consumer fiber and process chlorine free. Customer Service Hotline: 1 800 438 2474 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103 2029 Mr. Robert G. Burnley, Director September 23, 2005 Department of Environmental Quality Commonwealth of Virginia 629 East Main Street Richmond, Virginia, 23219 Re: SIP Revision, NSR in the Ozone Transport Region Dear Mr. Burnley:

On April 6, 2005, the U. S. Environmental Protection Agency, Region III ( EPA) received a revision to the State Implementation Plan from the Virginia Department of Environmental Quality pertaining to the regulations adopted by the State Air Pollution Control Board on September 29, 2004. This revision consisted of amending existing regulations to indicate that areas located in the Ozone Transport Region ( OTR) must meet the requirements of Article 9 VAC 5 Chapter 80 ( Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas) as if they were classified as moderate nonattainment, except that the threshold for major stationary sources of VOCs is 50 tons instead of 100 tons.

EPA has determined that the SIP revision application is administratively and technically complete and is reviewing it in order to prepare a Notice of Proposed Rulemaking/ Final Rulemaking Notice.

If members of your staff have any questions, they may direct them to Sharon McCauley, Permits and Technical Assessment Branch, at ( 215) 814 3376. She is the principal contact for this rulemaking.

Sincerely,

Judith M. Katz, Director Air Protection Division


[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Notices]
[Page 17163]
[FR Doc No: 2019-08300]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9992-11-OA]

Notice of Meeting of the EPA Children's Health Protection
Advisory Committee (CHPAC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the provisions of the Federal Advisory Committee
Act, notice is hereby given that the next meeting of the Children's
Health Protection Advisory Committee (CHPAC) will be held May 9 and 10,
2019 at 1615 @Dupont, located at 1615 New Hampshire Ave. NW, Third
Floor, Washington, DC 20009. The CHPAC advises the Environmental
Protection Agency (EPA) on science, regulations and other issues
relating to children's environmental health.

DATES: May 9, 2019 from 9 a.m. to 5 p.m. and May 10, 2019 from 9 a.m.
to 1 p.m.

ADDRESSES: 1615 New Hampshire Ave. NW, Third Floor, Washington, DC
20009.

FOR FURTHER INFORMATION CONTACT: Nica Louie, Office of Children's
Health Protection, U.S. EPA, MC 1107T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460,<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION: The meetings of the CHPAC are open to the
public. An agenda will be posted to https://www.epa.gov/children/childrens-health-protection-advisory-committee-chpac.
    Access and Accommodations: For information on access or services
for individuals with disabilities, please contact Nica Louie at 202-
564-7633 or [email protected].

    Dated: March 25, 2019.
Nica Louie,
Environmental Health Scientist.
[FR Doc. 2019-08300 Filed 4-23-19; 8:45 am]
 BILLING CODE 6560-50-P