[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Pages 38562-38572]
[FR Doc No: 2023-12573]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97658; File No. SR-Phlx-2023-22]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Various
Options 8 Rules

June 7, 2023.
    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 May 31, 2023, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend certain rule text within Options 8
related to Phlx's trading floor. Specifically, the Exchange proposes to
amend Options 8, Section 26, Trading Halts, Business Continuity and
Disaster Recovery; Options 8, Section 28, Responsibilities of Floor
Brokers; Options 8, Section 29, Use of Floor Based Management System by
Floor

Market Makers and Lead Market Makers; Options 8, Section 30, Crossing,
Facilitation and Solicited Orders; Options 8, Section 32, Types of
Floor-Based (non-System) Orders; Options 8, Section 33, Accommodation
Transactions; Options 8, Section 34, FLEX Index, Equity, and Currency
Options; and Options 8, Section 39, Option Minor Rule Violations and
Order and Decorum Regulations.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the 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 of such
statements.

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

1. Purpose
    The Exchange proposes to amend various rules within Options 8
related to Phlx's trading floor. Specifically, the Exchange proposes to
amend Options 8, Section 26, Trading Halts, Business Continuity and
Disaster Recovery; Options 8, Section 28, Responsibilities of Floor
Brokers; Options 8, Section 29, Use of Floor Based Management System by
Floor Market Makers and Lead Market Makers; Options 8, Section 30,
Crossing, Facilitation and Solicited Orders; Options 8, Section 32,
Types of Floor-Based (non-System) Orders; Options 8, Section 33,
Accommodation Transactions; Options 8, Section 34, FLEX Index, Equity,
and Currency Options; and Options. Each change will be discussed below.
Automation of FLEX and Cabinet Orders
    Today, Phlx permits members and member organizations to transact
FLEX Options \3\ and Cabinet Orders \4\ on its trading floor.
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    \3\ The term ``FLEX option'' means a FLEX option contract that
is traded subject to Options 8, Section 34(a). The Exchange proposes
to replace the term ``FLEX option'' with ``FLEX Option'' in the rule
text.
    \4\ A ``cabinet order'' is a closing limit order at a price of
$1 per option contract for the account of a Public Customer, firm,
Lead Market Maker or ROT. An opening order is not a ``Cabinet
Order'' but may in certain cases be matched with a Cabinet Order
pursuant to subsection (a)(iii) of Options 8, Section 33. Only Floor
Brokers may represent Cabinet Orders. See Options 8, Section 33(a).
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FLEX Options
    FLEX Options provide investors with the ability to customize basic
option features including expiration date, exercise style, and certain
exercise prices. Phlx FLEX Options may be FLEX index, equity, or
currency options. Today, Phlx FLEX Options transactions are exposed in
open outcry on the trading floor similar to other options that trade on
Phlx's trading floor. Today, the Requesting Member \5\ initiates a
Request-for-Quote (``RFQ'') by submitting a ticket to Market Operations
staff prior to requesting a quote in open outcry by announcing certain
contract terms to the trading crowd of the non-FLEX option.\6\ Members
may enter, modify, or withdraw FLEX Quotes at any point during the
Request Response Time,\7\ which is currently set to two minutes, at the
Market Operations post. At the expiration of the Request Response Time,
the open outcry BBO is identified in accordance with the price and time
priority principles set forth by the Exchange. Thereafter, on receipt
of an RFQ in proper form, the assigned Lead Market Maker or the
Requesting Member shall cause the terms of the RFQ to be disseminated
as an administrative message through the Options Price Reporting
Authority (``OPRA'').\8\
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    \5\ A Requesting Member is a member of the Exchange qualified to
trade FLEX Options pursuant to Options 3, Section 34(d) who
initiates an RFQ for a FLEX option. See Options 3, Section
34(b)(10).
    \6\ The contract terms include: (1) underlying index, security
or foreign currency; (2) type, size, and crossing intention; (3) in
the case of FLEX index options and FLEX equity options, exercise
style and settlement type; (4) expiration date; (5) exercise price;
and (6) respecting index options, the settlement value. See Options
8, Section 34(c)(1).
    \7\ The Request Response Time is the minimum period of time
established by the Exchange, during which Exchange members
participating in FLEX Options may provide FLEX Quotes in response to
a Request for Quotes. See Options 8, Section 34 (b)(12).
    \8\ FLEX Quotes must be entered during the Request Response Time
within Options 8, Section 34(b)(12) of 15 seconds. All FLEX Quotes
may be entered, modified or withdrawn at any point during the
request response time. See Options 8, Section 34(c)(2).
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    If the Requesting Member has not indicated an intention to cross or
act as principal with respect to any part of the FLEX trade, the member
shall promptly accept or reject the displayed BBO; provided, however,
that if such a Requesting Member either rejects the BBO or is given a
BBO for less than the entire size requested, all FLEX participating
members other than the Requesting Member will have an opportunity
during the BBO Improvement Interval in which to match, or improve, (as
applicable), the BBO pursuant to Options 8, Section 34(c)(3). At the
expiration of any such BBO Improvement Interval,\9\ which is currently
set to 15 seconds, the Requesting Member must promptly accept or reject
the BBO(s). If the Requesting Member has indicated an intention to
cross or act as principal with respect to any part of the FLEX trade,
acceptance of the displayed BBO shall be automatically delayed until
the expiration of the BBO Improvement Interval pursuant to Options 8,
Section 34(c)(3). Prior to the BBO Improvement Interval, the Requesting
Member must indicate at the post the price at which the member expects
to trade. In these circumstances, the Requesting Member may participate
with all other FLEX-participating members in attempting to improve or
match the BBO during the BBO Improvement Interval pursuant to Options
8, Section 34(c)(3). At expiration of the BBO Improvement Interval, the
Requesting Member must promptly accept or reject the BBO(s) pursuant to
Options 8, Section 34(c)(3). The Requesting Member has no obligation to
accept any FLEX bid or offer pursuant to Options 8, Section 34(c)(3).
Whenever, following the completion of FLEX bidding and offering
responsive to a given RFQs, the Requesting Member rejects the BBO or
the BBO size exceeds the FLEX transaction size indicated in the RFQs,
members may accept the entire order or the unfilled balance of the BBO
pursuant to Options 8, Section 34(c)(3). Once the FLEX Order is
executed in open outcry, the FLEX trade is disseminated to OPRA by the
Exchange pursuant to Options 8, Section 34(c)(6).
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    \9\ The BBO Improvement Interval means the minimum period of
time, to be established by the Exchange, during which members may
submit FLEX Quotes to meet or improve the BBO established during the
Request Response Time. See Options 8, Section 34(b)(15).
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    In contrast, as proposed, in order to transact a FLEX Order, a
member would enter open outcry trading and announce one of each of the
following terms \10\

within subparagraph (f)(1).\11\ Additionally, all other terms of a FLEX
Option series, which are the same as those that apply to non-FLEX
Options, must be included except that a FLEX Index Option with an index
multiplier of one may not be the same type (put or call) and may not
have the same exercise style, expiration date, settlement type, and
exercise price as a non-FLEX Index Option overlying the same index
listed for trading (regardless of the index multiplier of the non-FLEX
Index Option). Floor participants would have a reasonable amount of
time (which amount of time must be between three seconds and five
minutes) from the time a FLEX Trader requests a quote in a FLEX Option
series or represents a FLEX Order (including announcing a crossing
transaction pursuant to Options 8, Section 30(a)) to respond with bids
or offers. This timeframe would be analogous to the RFQ Process which
includes the BBO Improvement Interval. Today, an Options Exchange
Official \12\ would intervene if they believed that an appropriate
amount of time was not allotted for the FLEX Order to trade. The
Options Exchange Official would enforce the requirement that the amount
of time must be at least three seconds and no more than five minutes
based on the complexity of the trade and the responses in the trading
crowd when determining if the time was reasonable. For example, based
on the number of participants who indicate an interest to participate
in the trade and the complexity of the trade, the Options Exchange
Official would determine if there was an appropriate amount of time and
require more time if necessary. Unlike the current process, an RFQ
ticket would not be submitted to the Market Operations post and the RFQ
would not be disseminated to OPRA. By contrast, quotes are not
disseminated with respect to other trades in open outcry today. While a
market participant could seek to participate in the trade by calling a
floor broker after viewing the FLEX RFQ on OPRA, this is an uncommon
scenario.\13\ FLEX Orders, unlike standard orders, are less common and
the Exchange does not have a similar RFQ process for standard orders
that are analogous to those FLEX Orders. This proposed process would
align with Cboe, Inc.'s (``Cboe'') process and not require Phlx to
disseminate quotes to OPRA while other options floor exchanges have no
similar obligations.\14\ The Exchange believes that the proposed
process is analogous to the current process and provides market
participants ample time to respond to requests for a market in a FLEX
Order. As the foregoing process demonstrates, Phlx seeks to maintain a
competitive trading floor through the administration of its rules which
contain processes to ensure that options transactions are exposed in
such a way as to permit other floor members an opportunity to
participate in price discovery by requiring floor members to seek
liquidity in open outcry.
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    \10\ See proposed Options 8, Section 34(f)(1) which states,
``Characteristics of Underlying Interest: (A) any index upon which
options currently trade on the Exchange. The applicable index
multiplier shall be the same multiplier, in the case of U.S. dollar-
denominated FLEX index options, that applies to non-FLEX index
options on the same underlying index; (B) any security which is
options-eligible pursuant to Options 4, Section 3; or (C) any
foreign currency which is options-eligible pursuant to Options 4,
Section 3 and which underlies non-FLEX U.S. dollar-settled foreign
currency options that are trading on the Exchange.''
    \11\ See proposed Options 8, Section 34(h).
    \12\ The term ``Option Exchange Official'' means an Exchange
staff member or contract employee designated as such by the Chief
Regulatory Officer. A list of individual Options Exchange Officials
shall be displayed on the Exchange website. The Chief Regulatory
Officer shall maintain the list of Options Exchange Officials and
update the website each time a name is added to, or deleted from,
the list of Options Exchange Officials. In the event no Options
Exchange Official is available to rule on a particular matter, the
Chief Regulatory Officer or his/her designee shall rule on such
matter. See Options 1, Section 1(b)(38).
    \13\ See Options 3, Section 34(c)(1) and (2) which explains the
RFQ Process to request a quotation and respond.
    \14\ Cboe does not disseminate via OPRA information respecting
open outcry RFQs. See Securities Exchange Act Release No. 66052
(December 23, 2011), 77 FR 306 at 308 (January 4, 2012) (SR-Cboe-
2011-123).
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    The Exchange proposes several amendments to Options 8, Section 34.
First, the Exchange proposes to require FLEX Orders to be reported into
Phlx's Options Floor Based Management System or ``FBMS.'' FBMS will
create an electronic audit trail for FLEX Orders, thereby further
automating the execution and reporting of FLEX Options. With this
change, members and member organizations will be required to record all
FLEX Orders represented in the trading crowd into FBMS.\15\ Orders
entered into FBMS will be executed based on market conditions at the
time of execution and in accordance with Exchange rules. All executed
contracts will be reported to OPRA and sent to The Options Clearing
Corporation (``OCC'') for clearing, similar to all other equity, equity
index and U.S. dollar-settled foreign currency options orders executed
on the Exchange's trading floor. Second, the Exchange proposes to
remove its RFQ process including the BBO Improvement Interval Process,
as explained above, with this rule change. Third, the Exchange proposes
to reorganize Options 8, Section 34 to restructure its rule to include
additional information which describes current FLEX trading on Phlx.
The proposed amendments seek to reorganize Options 8, Section 34 so as
to provide a greater amount of information concerning FLEX trading.
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    \15\ A FLEX Option series is only eligible for trading if the
FLEX Order is represented in open outcry. See proposed Options 8,
Section 34(h).
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    The Exchange proposes to add a new Options 8, Section 34(b) titled
``Order Types'' to address FLEX Order types. This proposed rule text
memorializes the Exchange's current practice as it relates to order
types for FLEX trading. Specifically, the Exchange proposes to state
that it may determine to make the order types and Time-in-Force,
respectively, within Options 8, Section 32 submitted in FLEX Options
(``FLEX Orders'') available on a class or System basis. Options 8,
Section 32 describes the order types available on the trading floor.
Specifically, with respect to complex orders transacted on the trading
floor, complex FLEX Orders may have up to the maximum number of legs
permitted pursuant to Exchange rules for standard trading. Further,
each leg of a complex FLEX Order: (1) must be for a FLEX Option series
authorized for FLEX trading with the same underlying equity security or
index; (2) must have the same exercise style (American or European);
and (3) for a FLEX Index Option, may have a different settlement type
(a.m.-settled or p.m.-settled), except each leg must have the same
settlement type. Today, Options 8, Section 32 provides that the
Exchange may determine to make certain order types and time-in-force,
respectively, available on a class or System basis. The Exchange is
proposing to add this same rule text within new Options 8, Section
34(b) with respect to FLEX Orders. Today, the Exchange may determine
which orders may apply to FLEX trading. The language concerning complex
orders is intended to memorialize the manner in which complex orders
may trade as FLEX. The proposed rule text explains the manner in which
these orders trade today on Phlx. This proposed change is not intended
to amend the Exchange's current practice, which is not currently
described within the FLEX rules.
    The Exchange proposes to relocate Options 8, Section 34(c)(8),
concerning Trading Hours, to new Options 8, Section 34(c) without
change. The Exchange proposes to add a new header re-titled ``Trading
Hours''.
    The Exchange proposes to relocate Options 8, Section 34(c)(7),
concerning Trading Rotations, to new Options 8, Section 34(d) without
change.

    The Exchange proposes to adopt rule text similar to Cboe Rule
4.21(a),\16\ which describes current permissible series for FLEX
Options at new Options 8, Section 34(e). The proposed rule text would
state that the Exchange may authorize for trading a FLEX Option class
on any equity security or index it may authorize for trading a non-FLEX
Option class on that equity security or index pursuant to Options 4,
Section 3 and Options 4A, Section 3, respectively, even if the Exchange
does not list that non-FLEX Option class for trading. FLEX Option
series are not pre-established. A FLEX Option series is eligible for
trading on the Exchange upon submission to the System of a FLEX Order
for that series pursuant to Options 8, Section 34.
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    \16\ Unlike Cboe Rule 4.21(a), Phlx's subparagraph (e) does not
address trading halts for FLEX Options. All options traded on Phlx
are subject to Phlx's trading halt rule within Options 3, Section 9.
Further, Cboe's rule does not describe intra-day halts.
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    FLEX Options would be subject to certain trading conditions, which
exist today and are specified within current Options 8, Section
34(b)(6)(B).\17\ The Exchange proposes to remove the rule text within
Options 8, Section 34(b)(6)(B) related to the RFQ process, as explained
below. As provided in current Options 8, Section 34(b)(6)(B), the
Exchange only permits trading in a put or call FLEX Option series that
does not have the same exercise style, same expiration date, and same
exercise price as a non-FLEX Option series on the same underlying
security or index that is already available for trading. As provided in
current Options 8, Section 34(b)(6)(B), this includes permitting
trading in a FLEX Option series before a series with identical terms is
listed for trading as a non-FLEX Option series. As provided in current
Options 8, Section 34(b)(6)(B), if the Exchange lists for trading a
non-FLEX Option series with identical terms as a FLEX Option series,
the FLEX Option series will become fungible with the non-FLEX Option
series. As provided in current Options 8, Section 34(b)(6)(B), the
System does not accept a FLEX Order for a put or call FLEX Option
series if a non-FLEX Option series on the same underlying security or
index with the same expiration date, exercise price, and exercise style
is already listed for trading. Further, a FLEX Order for a FLEX Option
series may be submitted on any trading day prior to the expiration
date. The Exchange abides by these conditions today and proposes to
enumerate them within its rules similar to Cboe. The proposed rule text
explains the manner in which these orders trade today on Phlx. This
proposed change is not intended to amend the Exchange's current
practice.
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    \17\ Current Options 8, Section 34(b)(6)(B) states that provided
the options on an underlying security or index are otherwise
eligible for FLEX trading, FLEX Options shall be permitted in puts
and calls that do not have the same exercise style, same expiration
date and same exercise price as non-FLEX Options that are already
available for trading on the same underlying security or index. FLEX
Options shall also be permitted before the options are listed for
trading as non-FLEX Options. Once and if the option series are
listed for trading as non-FLEX Options, then (i) all existing open
positions established under the FLEX trading procedures shall be
fully fungible with transactions in the respective non-FLEX option
series, and (ii) any further trading in the series would be as non-
FLEX Options subject to the non-FLEX trading procedures and Rules.
However, in the event the Non-FLEX series is added intra-day, a
position established under the FLEX trading procedures would be
permitted to be closed using the FLEX trading procedures for the
balance of the trading day on which the Non-FLEX series is added
against another closing only FLEX position. For such FLEX series,
the Exchange will make an announcement that the FLEX series is now
restricted to closing transactions; a FLEX Request for Quotes
(``RFQ'') may not be disseminated for any order representing a FLEX
series having the same terms as a Non-FLEX series, unless such FLEX
option order is a closing order (and it is the day the Non-FLEX
series has been added); and only responses that close out an
existing FLEX position are permitted. Any transactions in a
restricted series that occur that do not conform to these
requirements will be nullified by the Exchange.
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    Next, the Exchange proposes to add new rule text to proposed
Options 8, Section 34(f) which provides that when submitting a FLEX
Order for a FLEX Option series to FBMS, one of each of the terms within
current Options 8, Section 34(b) must be included.\18\ Options 8,
Section 34(b) is being relocated to Options 8, Section 34(f)(1),
therefore subparagraph (f)(1) is being referenced in the proposed rule
text at Options 8, Section 34(f). The Characteristics of Underlying
Interest include: (A) any index upon which options currently trade on
the Exchange; \19\ (B) any security which is options-eligible pursuant
to Options 4, Section 3; or (C) any foreign currency which is options-
eligible pursuant to Options 4, Section 3 and which underlies non-FLEX
U.S. dollar-settled foreign currency options that are trading on the
Exchange.\20\ Further, the Exchange proposes to state within Options 8,
Section 34(f) that all other terms of a FLEX Option series are the same
as those that apply to non-FLEX Options, provided that a FLEX Index
Option with an index multiplier of one may not be the same type (put or
call) and may not have the same exercise style, expiration date,
settlement type, and exercise price as a non-FLEX Index Option
overlying the same index listed for trading (regardless of the index
multiplier of the non-FLEX Index Option), which terms constitute the
FLEX Option series. This rule text represents the Exchange's current
practice. The Exchange states that, to the extent the Exchange lists a
micro FLEX Index Option on an index on which it also lists a standard
FLEX index option, it will be listed with a different trading symbol
than the standard index option with the same underlying index to reduce
any potential confusion.
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    \18\ Such terms are described in proposed new Options 8, Section
34(f)(1), ``Characteristics of Underlying Interest.''
    \19\ The applicable index multiplier shall be the same
multiplier, in the case of U.S. dollar-denominated FLEX index
options, that applies to non-FLEX index options on the same
underlying index.
    \20\ See current Options 8, Section 34(b).
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    As noted above, current Options 8, Section 34(b)(1) is being
relocated to proposed Options 8, Section 34(f)(1) without substantive
change. The Exchange proposes to amend the header to ``Characteristics
of Underlying Interest.''
    Current Options 8, Section 34(b)(2), concerning Type, is relocated
to proposed Options 8, Section 34(f)(2)(A) without substantive change.
An ``A'' is being added to the sentence.
    Current Options 8, Section 34(b)(3), concerning Exercise Price, is
relocated to proposed Options 8, Section 34(f)(3). The Exchange
proposes to reword the current rule text which provides,

    (A) with respect to FLEX index options, may be specified in
terms of a specific index value number, a percentage of the index
value calculated as of the open or close of trading on the Exchange
on the trade date, or a method for fixing such number;
    (B) with respect to FLEX equity options, may be specified in
terms of a specific dollar amount rounded to the nearest $.10 or a
percentage of the underlying security rounded to the nearest minimum
increment; or
    (C) with respect to FLEX currency options, may be specified in
terms of a specific dollar amount rounded to the nearest hundredth
of a dollar.

    The Exchange proposes to more succinctly state that the Exchange
may determine the smallest increment for exercise prices of FLEX
Options not to exceed two decimal places. Today, the Exchange has the
ability to require that FLEX index options be specified by an index
value, number, percentage of index value calculated as of the open or
close of trading on the Exchange on the trade date, a method for fixing
such number, in terms of a specific dollar amount rounded to the
nearest $.10 or a percentage of the underlying security rounded to the
nearest minimum increment, or in terms of a specific

dollar amount rounded to the nearest hundredth of a dollar. At this
time, the Exchange proposes to narrow its discretion to provide that it
may determine the smallest increment for exercise prices of FLEX
Options, not to exceed two decimal places. The Exchange has this
authority today, it is electing to narrow its authority to provide the
increment in the form of a dollar value.
    The Exchange proposes to remove the rule text within Options 8,
Section 34(b)(4), related to the RFQ process, as explained below.
    Current Options 8, Section 34(b)(5), concerning Exercise style, is
relocated to proposed Options 8, Section 34(f)(4) without change.
    Current Options 8, Section 34(b)(6)(A), concerning Expiration date
style, is relocated to proposed Options 8, Section 34(f)(5) without
change. The Exchange added rule text within proposed Options 8, Section
34(e)(1) similar to current Options 8, Section 34(b)(6)(B). The
Exchange proposes to remove the rule text within Options 8, Section
34(b)(6)(B) related to the RFQ process, as explained below.
    The Exchange proposes to remove the RFQ feature, including the BBO
Improvement Interval, from its FLEX Options which process was described
above in detail. With the automation of FLEX Options to enable FLEX to
be entered into FBMS, similar to all other options transactions
executed on the Exchange's trading floor including cabinet as explained
below, the Exchange is disabling the RFQ feature, including the BBO
Improvement Interval. The Exchange notes that Cboe removed its RFQ
feature for FLEX Orders.\21\ Similarly, Phlx proposes to remove its RFQ
feature, including the BBO Improvement Interval.\22\
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    \21\ See Securities Exchange Act 87235 (October 4, 2019), 84 FR
54671 (October 10, 2019) (SR-Cboe-2019-084) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend the
Exchange's Rules Regarding the Trading of Flexible Exchange Options,
and Move Those Rules From the Currently Effective Rulebook to the
Shell Structure for the Exchange's Rulebook That Will Become
Effective Upon the Migration of the Exchange's Trading Platform to
the Same System Used by the Cboe Affiliated Exchanges).
    \22\ The Exchange notes that the minimum size requirements for
an RFQ is also being removed within Options 8, Section 34(b)(8) as
the Exchange would no longer have the RFQ process. The Exchange
notes that one contract is the minimum size for options trading on
Phlx and will remain the minimum size for FLEX Options trading on
FLEX. See Options 3, Section 2.
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    The Exchange believes the current open outcry RFQ process,
including the BBO Improvement Interval, for FLEX Orders is
substantially similar to the current open outcry process for non-FLEX
Orders described within Options 8, Sections 22, 23, and 24 at
Supplementary Material .01, and therefore believes completely aligning
the two processes is appropriate.\23\
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    \23\ A Floor Broker may also initially represent an order to the
trading crowd, and then receives bids or offers, as appropriate, and
trade. However, this is an uncommon scenario. See Options 8, Section
28.
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    As noted herein, today, FLEX Quotes must be entered during the
Request Response Time, which is currently set to two minutes. Phlx FLEX
Options transactions are exposed in open outcry on the trading floor
similar to other options that trade on Phlx's trading floor.
Thereafter, during the BBO Improvement Interval, which is set to 15
seconds, floor members may submit FLEX Quotes to meet or improve the
BBO established during the Request Response Time. The Exchange proposes
within Options 3, Section 34(h) to provide floor participants with a
reasonable amount of time to respond with bids and offers, which would
be between three seconds and five minutes from the time a FLEX Trader
requests a quote in a FLEX Option series or represents a FLEX Order.
This time would include announcing a crossing transaction pursuant to
Options 3, Section 30(a). The Exchange believes that the proposed rule
text permits FLEX Options to trade substantially similar to the current
RFQ process, including the BBO Improvement Interval, in which a Floor
Broker requests a market and provides Market Makers in the crowd with
time to respond with a market. The Exchange believes that eliminating
the RFQ process, which is not contemplated in non-FLEX Option open
outcry trading, would have minimal (if any) impact on how a Floor
Broker may request a market on the Exchange's trading floor with
respect to FLEX Options. The initial process permits members the
ability to enter, modify or withdraw FLEX Quotes at the Market
Operations post during the Request Response Time, which is currently
set to two minutes, after a quote was requested in open outcry. The
proposed new process would continue to permit members the opportunity
to enter, modify or withdraw FLEX Quotes in open outcry, without the
need to submit FLEX Quotes at the Market Operations Post. Further, with
respect to the BBO Improvement Interval, members continue to have an
opportunity to match, or improve, (as applicable), the BBO. Today, the
BBO Improvement Interval is 15 seconds. Members will also have the
ability to cross any part of the FLEX trade pursuant to Options 8,
Section 30(a)(2), as is the case today. The proposed timeframe of
between three seconds and five minutes is appropriate to ensure there
is at least a minimum amount of time for Market Makers to conduct the
same activities that take place today with the RFQ process and the BBO
Improvement Interval, given the unique terms of FLEX Options. Cboe Rule
5.72(d)(1) provides its floor participants the same timeframe to
respond with bids and quotes as the Exchange's proposal.
    Once a Floor Broker has received a market from the crowd, the Floor
Broker may then represent its order on the trading floor in open outcry
(after systematizing it, which it must do prior to representing an
order on the trading floor) and elect to trade against the best prices
or not, or announce an intention to cross at a specific price.\24\ As
discussed above, this is substantially similar to the current RFQ
process, including the BBO Improvement Interval. Currently, the
Exchange has set a crossing entitlement for facilitations and
solicitations of FLEX Orders in all classes to be 40%.\25\ The 40%
crossing entitlement would apply to FLEX Orders as it applies today for
all other crossing orders executed on the Exchange's trading floor. As
provided for in proposed Options 8, Section 34(h), trading of FLEX
Options is subject to all other Options 8 Rules applicable to the
trading of options on the Exchange, unless otherwise provided in this
Rule.
---------------------------------------------------------------------------

    \24\ See current Options 8, Section 30 which describes
procedures for crossing orders on the Exchange's trading floor.
    \25\ Current Supplementary Material .02(iii) to Options 8,
Section 30 prescribes the percentage of the order which a Floor
Broker is entitled to cross in equity, index and U.S dollar settled
foreign currency options, after all Public Customer orders that were
(1) on the limit order book and then (2) represented in the trading
crowd at the time the market was established have been satisfied, is
40% of the remaining contracts in the order if the order is traded
at or between the best bid or offer given by the crowd in response
to the Floor Broker's initial request for a market.
---------------------------------------------------------------------------

    Current Options 8, Section 30(a) specifies that an Options Floor
Broker who holds orders to buy and sell the same option series may
cross such orders, must request bids and offers for such options
series, and make all persons in the trading crowd aware of the request.
Further, Options 8, Section 30(a) states that after providing an
opportunity for such bids and offers to be made, the Floor Broker must
bid and offer at prices differing by the minimum increment and must
improve the market by bidding above the highest bid or offering below
the lowest offer. If such

higher bid or lower offer is not taken, the Floor Broker may cross the
orders at such higher bid or lower offer by announcing in public outcry
that he is crossing and giving the quantity and price. All such orders
are not deemed executed until entered into and executed through the
FBMS.\26\ The Exchange believes the proposed rule change will have a
minimal (if any) impact on the crossing of FLEX Orders in open outcry.
---------------------------------------------------------------------------

    \26\ There is an exception where there is a provisional
execution using the Snapshot feature of FBMS (as described in
Options 8, Section 28(i)); bids and offers can be withdrawn pursuant
to Options 8, Section 22(c) or (d).
---------------------------------------------------------------------------

    The proposed allocation is substantially similar to the allocation
for non-FLEX trading in open outcry, excluding the provisions that are
inapplicable to FLEX trading, and to the current allocation for FLEX
trading in open outcry. With respect to allocation for a FLEX Order as
well as non-FLEX Orders, best-priced responses will continue to have
first priority, however if a Customer order were at the same price, the
Customer would have priority over a non-Customer.\27\ With respect to
responses at the same price, because there is no electronic trading of
FLEX Options on Phlx, there can be no priority Customer orders resting
in the order book that would receive first priority at the same price.
Therefore, the Customer priority rules of Options 8, Section 25 and
Supplementary Material .02 of Options 8, Section 30 are inapplicable.
Additionally, no Market Makers are appointed in FLEX Options, so there
will be no participation entitlement applicable to FLEX trading.
Therefore, the Market Maker entitlements described in Options 8,
Section 25 and Supplementary Material .02 of Options 8, Section 30 are
inapplicable. The crossing participation would continue to the next
priority level in each of those respective rules. Therefore, members of
the trading crowd who established the market will have priority over
all other orders that were not represented in the trading crowd at the
time that the market was established and will maintain priority over
such orders except for orders that improve upon the market.\28\ With
respect to the order book, Defined Participation \29\ shall be equal
where size is the same, otherwise participants are allocated based on
size.\30\ Therefore, the proposed rule change will have minimal (if
any) impact on the allocation of responses in open outcry trades of
FLEX Orders.
---------------------------------------------------------------------------

    \27\ See current Options 8, Section 25(a)(1) and Supplementary
Material .02 of Options 8, Section 30.
    \28\ See Supplementary Material .02(vii) of Options 8, Section
30.
    \29\ ``Defined Participation'' is the portion of the Remainder
of the Order to which a crowd participant is entitled. ``Remainder
of the Order'' means the portion of an Initiating Order that remains
following the allocation of contracts to customers that are on
parity in accordance with Options 8, Section 25.
    \30\ See Options 8, Section 25(c)(3)(B).
---------------------------------------------------------------------------

    This proposal simplifies the process pursuant to which FLEX Orders
would execute on the Exchange in open outcry. As demonstrated above,
the general open outcry trading rules are substantially similar to the
current open outcry RFQ procedure, including the BBO Improvement
Interval, for FLEX Options. However, the proposed rule change
eliminates the terminology that applies only to FLEX trading. Floor
participants are familiar with the general open outcry trading
procedures, and therefore, by aligning the open outcry trading process
for FLEX Options with that of non-FLEX Options, and permitting FLEX
trading in the same manner as non-FLEX trading on the Exchange's
trading floor, the Exchange believes the proposed rule change may
encourage members to submit FLEX Orders for execution on Phlx.
    In line with the Exchange's proposal to remove the RFQ process,
including the BBO Improvement Interval, the Exchange proposes to delete
Options 8, Section 34(b)(4), (b)(6)(B), (b)(7), (b)(8), (b)(10)-(15)
and (c) with describe the RFQ process. Further, the Exchange proposes
to systematize the FLEX Options trading process so that it mirrors the
trading process of all other orders entered on the Exchange's trading
floor whereby trades are reported to FBMS. To that end, the proposal
will require a Floor Broker to systematize a FLEX Order in the same
manner as Floor Brokers systematize non-FLEX Orders. The Exchange
believes the proposed rule change will result in a more efficient open
outcry trading process for FLEX Orders, as a Floor Broker can request a
market as soon as it gets that request from a customer. This may
ultimately result in more timely executions for customers. This new
process would eliminate the requirement to submit an RFQ ticket to the
Market Operations post and the requirement to respond to such order at
the Market Operations post.\31\ The Exchange desires to remove these
manual processes and, instead, permit all responses to take place in
open outcry verbally, thereby obviating the need to submit paper
responses at the trading post. The Exchange believes the proposed rule
change may reduce confusion regarding how FLEX Orders may trade in open
outcry, given that any minor differences between the two processes that
exist today are being eliminated with the proposed automation.
---------------------------------------------------------------------------

    \31\ The Exchange proposes to remove the rule text within
Options 8, Section 26(g)(3)(F)(1)(d) which provides, ``FLEX Trade
tickets must be sent by email to the Phlx Correction Post,'' because
the process will require trades to be reported to FBMS.
---------------------------------------------------------------------------

    The Exchange proposes to relocate Options 8, Section 34(b)(5),
concerning Exercise Style, to Options 8, Section 34(f)(4) without
change.
    The Exchange proposes to relocate Options 8, Section 34(b)(6)(A),
concerning Expiration Date, to Options 8, Section 34(f)(5) without
change. The Exchange proposes to capitalize ``Date'' in the title. As
noted above, the Exchange created a new Options 8, Section 34(e)(1)
which incorporated provisions similar to those within Options 8,
Section 34(b)(6)(B), except for rule text related to the RFQ process
which is being deleted.
    The Exchange proposes to relocate Options 8, Section 34(b)(9),
concerning Settlement, to Options 8, Section 34(f)(6) and remove
current subsection (iii).\32\ The Exchange will only permit the
settlement value to be specified as a.m.-settled or p.m.-settled. The
Exchange will not permit the settlement value to be specified as the
index value reported as an average over a specified time period.
---------------------------------------------------------------------------

    \32\ Current Options 8, Section 34(b)(9)(A)(iii) states,
``respecting FLEX index options, the settlement value may be
specified as the index value reported at the: . . . (iii) as an
average over a specified period of time, within parameters
established by the Exchange.''
---------------------------------------------------------------------------

    The Exchange proposes to relocate Options 8, Section 34(d), which
describes FLEX simple orders and FLEX Complex Orders, to Options 8,
Section 34(g) without substantive change. The Exchange proposes to
change references to the terms ``ROT'' and ``Registered Options
trader'' within this rule text to ``Market Maker'' within proposed
Options 8, Section 29(d) and Section 34(d) and (i). In 2020, the
Exchange amended the term ``ROT'' to ``Market Maker'' \33\ throughout
the Phlx Rulebook.
---------------------------------------------------------------------------

    \33\ See Securities Exchange Act 88213 (February 14, 2020), 85
FR 9859 (February 20, 2020) (SR-Phlx-2020-03)(Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To Relocate Rules
From Its Current Rulebook Into Its New Rulebook Shell) (``Rulebook
Relocation'').
---------------------------------------------------------------------------

    The Exchange proposes to add a new Options 8, Section 34(h),
similar to Cboe Rule 5.72(a) and (b), to describe FLEX Options trading.
As is the case today, trading of FLEX Options is subject to all other
Options 8 Rules applicable to the trading of options on the Exchange,
unless otherwise provided in this Rule.

Also, as is the case today, a FLEX Option series is only eligible for
trading if the FLEX Order is represented in open outcry. With respect
to simple FLEX Orders, a FLEX Order for a FLEX option series submitted
to the System must include all terms for a FLEX option series set forth
in subparagraphs (e) and (f) of Options 8, Section 34 (including that a
non-FLEX option series with identical terms is not listed for trading),
size, side of the market, and a bid or offer price, subject to the
order entry requirements set forth in Options 8, Section 32. This
proposed rule text represents the Exchange's current practice. With
respect to complex FLEX Orders, a FLEX Order for a FLEX option complex
strategy submitted to the System must satisfy the criteria for a
complex FLEX Order set forth in subparagraph (b) of Options 8, Section
34, and include size, side of the market, and a net debit or credit
price. Additionally, each leg of the FLEX Option complex strategy must
include all terms for a FLEX Option series set forth in subparagraphs
(e) and (f) of Options 8, Section 34 (including that a non-FLEX Option
series with identical terms is not listed for trading), subject to the
order entry requirements set forth in subparagraph (a) of Options 8,
Section 34. This proposed rule text represents the Exchange's current
practice.
    The Exchange proposes to relocate Options 8, Section 34(e),
concerning Position Limits, to Options 8, Section 34(i). The Exchange
proposes to update a rule citation to reflect the changes proposed
herein with the reorganization of the rule to reflect the relocated
rule text.
    The Exchange proposes to relocate rule text within Options 8,
Section 34(f), concerning Exercise Limits, to proposed Options 8,
Section 34(j) without change.
    Finally, the Exchange proposes to relocate rule text from Options
8, Section 34(g) and (h) into new Options 8, Section 26(g)(3)(F)(1)(d),
Options 8, Section 34(k)(1) and (2) respectively, without substantive
change.\34\ The Exchange also proposes to update rule citations within
this section to account for the reorganization of the rule to reflect
the relocated rule text.
---------------------------------------------------------------------------

    \34\ The Exchange proposes to re-letter the remainder of that
section to account for the removed rule text.
---------------------------------------------------------------------------

    Finally, the Exchange proposes corresponding changes to reflect the
proposed change to automate FLEX Options within Options 8, Section
28(f), Section 29(f), Section 32(g), Section 39, A-1, B-7, and C-2.
Cabinet Options
    Cabinet Orders are bids and offers (whether opening or closing) at
a price of $1 per option contract for the account of a Public Customer,
firm, Lead Market Maker, Market Maker or Floor Market Maker. Cabinet
Orders may only be executed on the Exchange's trading floor in open
outcry pursuant to Options 8 Rules.\35\ Today, Phlx reports cabinet
trades to OCC within 90 seconds.\36\ Today, Floor Brokers must submit
the designated cabinet transaction form to the Nasdaq Market Operations
staff for clearance within ninety seconds of execution. Phlx then
immediately reports the cabinet trade to OCC.
---------------------------------------------------------------------------

    \35\ See Options 8, Section 33(a). Only Floor Brokers may
represent Cabinet Orders.
    \36\ See Options 8, Section 33(a)(5).
---------------------------------------------------------------------------

    At this time, the Exchange proposes to require Cabinet Orders to be
reported into FBMS. Similar to the proposal for FLEX Orders, FBMS will
create an electronic audit trail for Cabinet Orders, thereby further
automating the execution and reporting of Cabinet Orders. With this
change, members and member organizations will be required to record all
Cabinet Orders represented in the trading crowd into FBMS. All executed
contracts will be reported to OPRA and sent to OCC for clearing similar
to all other equity, equity index and U.S. dollar-settled foreign
currency options orders executed on the Exchange's trading floor.
    In line with this proposed change, the Exchange proposes to amend
Options 8, Section 33(a)(2) to provide that Floor Brokers shall enter
Cabinet Orders into The Options Floor Based Management System pursuant
to Options 3, Section 29. The Exchange proposes to remove the verbiage
in Options 8, Section 33 which relates to the use of Cabinet forms,
which are part of the Exchange's manual process.
    The Exchange proposes replacing the word ``he'' with ``the Floor
Broker'' within Options 8, Section 33(a)(3)(A) to clarify which market
participant was being referenced.
    In line with the proposed change, the Exchange proposes to amend
Options 8, Section 33(a)(4) to specify that the Floor Broker must enter
the Cabinet Order into FBMS.
    The Exchange proposes to remove the rule text within Options 8,
Section 33(d)(3) which relates to the use of forms which would no
longer be relevant.
    The Exchange proposes to update citations within Options 8, Section
33(e), which refer FLEX rules within Options 8, Section 34 which rules
are being relocated. The updated citations mirror those changes
proposed to new Options 8, Section 34(k)(2).
Technical Amendment
    The Exchange proposes to amend rule citations within Options 8,
Section 30(d) to correct references to subparagraphs, (i) and (ii) to
properly cite (1) and (2), respectively.
Implementation
    The Exchange proposes to implement this rule change on or before
March 29, 2024. The Exchange will announce an implementation date by
issuing an Options Trader Alert.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\37\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\38\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78f(b)
    \38\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange's proposal to automate FLEX Order and Cabinet Orders,
so that members and member organizations will be required to record all
FLEX Orders and Cabinet Orders represented in the trading crowd into
FBMS, is consistent with the Act. The Exchange believes removing the
requirement for members and member organizations to manually enter FLEX
Orders into the Exchange's electronic audit trail and submit manual
Cabinet Order forms and, instead require members and member
organizations to enter these orders into FBMS, similar to all other
orders executed on the trading floor, will reduce the administrative
burden on floor participants and therefore removes impediments to and
perfects the mechanisms of a free and open market.
    Also, because FLEX Orders and Cabinet Orders will be reported and
processed like all other open outcry trades, market participants will
not be impacted nor have to take on any additional reporting or
processing burden. In addition, the Exchange believes that the proposal
is designed to prevent fraudulent and manipulative acts and practices
because having an electronic audit trail of all FLEX Orders and Cabinet
Orders will provide a complete and accurate record of these
transactions and better facilitate regulatory oversight. In particular,
the Exchange believes the proposed rule

change will remove impediments to and perfect the mechanism of a free
and open market, and protect investors and the public interest because
the proposal more closely aligns the handling of FLEX Orders and
Cabinet Orders with the handling of all other options transacted on
Phlx's trading floor.
    Specifically, with respect to FLEX Options, the proposed open
outcry process is closely aligned with the current open outcry trading
process for non-FLEX Options, but is still similar to the FLEX trading
processes in place today. The proposed rule change merely eliminates
many of the differences between FLEX and non-FLEX trading to eliminate
potential confusion for market participants given the current
differences, while implementing trading processes with which market
participants are more familiar. As a result, the Exchange believes the
proposed rule change will have minimal impact on the trading of FLEX
Options, and possibly increase participation in FLEX Options, which
could add liquidity to the Exchange's FLEX market, which ultimately
benefits investors. By permitting FLEX Options to trade in a manner
similar to non-FLEX Options, the Exchange believes this further
improves a comparable alternative to the OTC market in customized
options. The Exchange believes market participants benefit from being
able to trade customized options in an exchange environment in several
ways, including but not limited to the following: (1) enhanced
efficiency in initiating and closing out position; (2) increased market
transparency; and (3) heightened contra-party creditworthiness due to
the role of OCC as issuer and guarantor of FLEX Options.
    The Exchange believes the current open outcry RFQ process,
including the BBO Improvement Interval, for FLEX Orders is
substantially similar to the current open outcry process for non-FLEX
Orders described within Options 8, Section 24 at Supplementary Material
.01, and therefore believes completely aligning the two processes is
appropriate. Phlx FLEX Options transactions are exposed in open outcry
on the trading floor similar to other options that trade on Phlx's
trading floor. Today, the initial process permits members the ability
to enter, modify or withdraw FLEX Quotes at the Market Operations post
during the Request Response Time, which is currently set to two
minutes, after a quote was requested in open outcry. Thereafter, during
the BBO Improvement Interval, which is set to 15 seconds, members may
submit FLEX Quotes to meet or improve the BBO established during the
Request Response Time. The Exchange's proposal within Options 3,
Section 34(h) to provide floor participants with a reasonable amount of
time to respond with bids and offers is consistent with the Act. The
proposed timeframe of between three seconds and five minutes from the
time a FLEX Trader requests a quote in a FLEX Option series or
represents a FLEX Order would allow FLEX Options to trade substantially
similar to the current RFQ process, including the BBO Improvement
Interval. The proposed new process would continue to permit members the
opportunity to enter, modify or withdraw FLEX Quotes in open outcry,
without the need to submit FLEX Quotes at the Market Operations Post.
Members would continue to have an opportunity to match, or improve, (as
applicable), the BBO as is the case today during the BBO Improvement
Interval. With the proposal members would have the ability to cross any
part of the FLEX trade pursuant to Options 8, Section 30(a)(2), as is
the case today. The proposed timeframe of between three seconds and
five minutes is appropriate to ensure there is at least a minimum
amount of time for Market Makers to conduct the same activities that
take place today with the RFQ process and the BBO Improvement Interval,
given the unique terms of FLEX Options. The Exchange believes that
eliminating the RFQ process, including the BBO Improvement Interval,
which is not contemplated in non-FLEX Option open outcry trading, would
have minimal (if any) impact on how a Floor Broker may request a market
on the Exchange's trading floor with respect to FLEX Options. The
Exchange believes it is appropriate to continue to ensure there is at
least a minimum amount of time for Market Makers to respond give the
unique terms of FLEX Options.
    The proposed timeframe, which is analogous to the RFQ Process which
includes the BBO Improvement Interval, is consistent with the Act and
removes impediments to and perfects the mechanism of a free and open
market by creating an appropriate timeframe to seek liquidity. Today,
an Options Exchange Official would intervene if they believed that an
appropriate amount of time was not allotted for the FLEX Order to
trade. The Options Exchange Official would enforce the requirement that
the amount of time must be at least three seconds and no more than five
minutes based on the complexity of the trade and the responses in the
trading crowd when determining if the time was reasonable. For example,
based on the number of participants who indicate an interest to
participate in the trade and the complexity of the trade, the Options
Exchange Official would determine if there was an appropriate amount of
time and require more time if necessary. Unlike the current process, an
RFQ ticket would not be submitted to the Market Operations post and the
RFQ would not be disseminated to OPRA.
    Additionally, the Exchange would no longer disseminate RFQ Quotes
to OPRA as part of this proposal. The Exchange believes that not
disseminating RFQ Quotes is consistent with the Act and removes
impediments to and perfects the mechanism of a free and open market by
aligning the process to transact FLEX Orders with the current process
to transact other orders in open outcry. By contrast, quotes are not
disseminated with respect to other trades in open outcry today. While a
market participant could seek to participate in the trade by calling a
floor broker after viewing the RFQ on OPRA, this is an uncommon
scenario. The Exchange notes that the RFQ message has not provided any
additional liquidity under the current process for FLEX Orders. Today,
the RFQ message for FLEX Orders is the only administrative message
disseminated to OPRA on the Exchange's trading floor. The Exchange does
not otherwise disseminate an administrative message for other
transactions on the Exchange's trading floor; only executed orders are
disseminated to OPRA for non-FLEX Orders on the trading floor and for
electronic transactions on Phlx. The Exchange believes that the open
outcry process will continue to provide a competitive market for FLEX
Orders and that the proposed process will provide an opportunity for
the trading crowd to provide liquidity. FLEX Orders, unlike standard
orders, are less common and the Exchange does not have a similar RFQ
process for standard orders that are analogous to those FLEX Orders.
This proposed process would align with Cboe's process and not require
Phlx to disseminate quotes to OPRA while other options floor exchanges
have no similar obligations.\39\
---------------------------------------------------------------------------

    \39\ Cboe does not disseminate via OPRA information respecting
open outcry RFQs. See Securities Exchange Act Release No. 66052
(December 23, 2011), 77 FR 306 at 308 (January 4, 2012) (SR-Cboe-
2011-123).
---------------------------------------------------------------------------

    The proposed allocation is substantially similar to the allocation
for non-FLEX trading in open outcry, excluding the provisions that are
inapplicable to FLEX trading, and to the current allocation for FLEX
trading in open outcry. With respect to allocation

for a FLEX Order as well as non-FLEX Orders, best-priced responses will
continue to have first priority, however if a Customer order were at
the same price, the Customer would have priority over a non-
Customer.\40\ With respect to responses at the same price, because
there is no electronic trading of FLEX Options on Phlx, there can be no
priority Customer orders resting in the order book that would receive
first priority at the same price. Therefore, the Customer priority
rules of Options 8, Section 25 and Supplementary Material .02 of
Options 8, Section 30 are inapplicable. Additionally, no Market Makers
are appointed in FLEX Options, so there will be no participation
entitlement applicable to FLEX trading. Therefore, the Market Maker
entitlements described in Options 8, Section 25 and Supplementary
Material .02 of Options 8, Section 30 are inapplicable. The crossing
participation would continue to the next priority level in each of
those respective rules. Therefore, members of the trading crowd who
established the market will have priority over all other orders that
were not represented in the trading crowd at the time that the market
was established and will maintain priority over such orders except for
orders that improve upon the market.\41\ With respect to the order
book, Defined Participation shall be equal where size is the same,
otherwise participants are allocated based on size.\42\ Therefore, the
proposed rule change will have minimal (if any) impact on the
allocation of responses in open outcry trades of FLEX Orders.
---------------------------------------------------------------------------

    \40\ See current Options 8, Section 25(a)(1) and Supplementary
Material .02 of Options 8, Section 30.
    \41\ See Supplementary Material .02(vii) of Options 8, Section
30.
    \42\ See Options 8, Section 25(c)(3)(B).
---------------------------------------------------------------------------

    The Exchange's proposal to reword rule text concerning Exercise
Price located within proposed Options 8, Section 34(f)(3) is consistent
with the Act and does not expand the Exchange's current discretion.
Today, the Exchange has the ability to require that FLEX index options
be specified by an index value, number, percentage of index value
calculated as of the open or close of trading on the Exchange on the
trade date, a method for fixing such number, in terms of a specific
dollar amount rounded to the nearest $.10 or a percentage of the
underlying security rounded to the nearest minimum increment, or in
terms of a specific dollar amount rounded to the nearest hundredth of a
dollar. In fact, the proposal narrows the Exchange's discretion to
provide that it may determine the smallest increment for exercise
prices of FLEX Options, not to exceed two decimal places. The Exchange
has this authority today, it is electing to narrow its authority to
provide the increment in the form of a dollar value. The proposal
protects investors and the public interest by amending the rule text
within proposed Options 8, Section 34(f)(3) to succinctly define the
bounds of the Exchange's discretion.
    The Exchange's proposal to amend Options 8, Section 34(f) to
provide that all other terms of a FLEX Option series are the same as
those that apply to non-FLEX Options, provided that a FLEX Index Option
with an index multiplier of one may not be the same type (put or call)
and may not have the same exercise style, expiration date, settlement
type, and exercise price as a non-FLEX Index Option overlying the same
index listed for trading (regardless of the index multiplier of the
non-FLEX Index Option), which terms constitute the FLEX Option series
is consistent with the Act. The Exchange states that, to the extent the
Exchange lists a micro FLEX Index Option on an index on which it also
lists a standard FLEX index option, it will be listed with a different
trading symbol than the standard index option with the same underlying
index to reduce any potential confusion.
    The proposal eliminates the terminology that applies only to FLEX
trading. Floor participants are familiar with the general open outcry
trading procedures, and therefore, by aligning the open outcry trading
process for FLEX Options with that of non-FLEX Options, and permitting
FLEX trading in the same manner as non-FLEX trading on the Exchange's
trading floor, the Exchange believes the proposed rule change may
encourage members to submit FLEX Orders for execution on Phlx. The
Exchange believes the proposed rule change may reduce confusion
regarding how FLEX Orders may trade in open outcry, given that any
minor differences between the two processes that exist today are being
eliminated. The Exchange believes that, with this proposal, floor
participants will have the necessary time to respond in open with
markets to FLEX Orders, similar to other Non-FLEX Orders which are
transacted in open outcry.
    The Exchange believes the proposed rule change will permit
executions of FLEX Orders to continue to be completed in a timely
fashion, while providing the crowd with sufficient time to price the
unique terms of FLEX Options. The proposed amendments will enable floor
participants to compete vigorously and potentially provide price
improvement for FLEX Orders, as they do for non-FLEX Orders, as they
will be encouraged to submit their best-priced bids and offers during
the auctions to have the opportunity to execute against the FLEX Order.
    Finally, reorganizing the FLEX rules and adding greater specificity
to the rule will provide market participants with greater information
on FLEX Options which removes impediments to and perfect the mechanism
of a free and open market. The organization of the Options 8, Section
34 is intended to provide floor participants with greater information
which represents the manner in which FLEX Options are transacted today
on Phlx.

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
    The Exchange's proposal to automate FLEX Orders and Cabinet Orders
does not impose an undue burden on intra-market competition because
FLEX Orders and Cabinet Orders will be reported and processed similar
to all other open outcry trades. Further, market participants will not
be impacted by this proposal. Members will not have additional
reporting or processing burdens as a result of the proposal.
    The proposed amendments to FLEX Options do not impose an undue
burden on inter-market competition as the Exchange seeks to automate
its current FLEX and Cabinet processes. The removal of the RFQ Process,
including the BBO Improvement Interval, is similar to Cboe.\43\
---------------------------------------------------------------------------

    \43\ See supra note 21.
---------------------------------------------------------------------------

    Furthermore, with respect to the amendments to FLEX Options, the
Exchange does not believe that the proposed rule change will impose any
burden on competition because the proposed open outcry process is
closely aligned with the current open outcry trading process for non-
FLEX Options. The proposed process continues to be similar to the FLEX
trading processes in place today. The proposed rule change merely
eliminates many of the differences between FLEX and non-FLEX trading,
which removes potential confusion for market participants given the
current differences, while implementing trading processes with which
market participants are more familiar. As a result, the Exchange
believes the proposed rule change will

have minimal impact on the trading of FLEX Options, and possibly
increase participation in FLEX Options, which could add liquidity to
the Exchange's FLEX market, which ultimately benefits investors. Any
member or member organization may transact FLEX Options.
    Eliminating the RFQ Process and the BBO Improvement Interval in
favor of a reasonable timeframe of between three seconds and five
minutes from the time a FLEX Trader requests a quote in a FLEX Option
series or represents a FLEX Order to respond with bids or offers does
not impose an undue burden on competition. The proposed timeframe,
which is analogous to the RFQ Process which includes the BBO
Improvement Interval, creates an appropriate timeframe to seek
liquidity. Today, an Options Exchange Official would intervene if they
believed that an appropriate amount of time was not allotted for the
FLEX Order to trade. Based on the number of participants who indicate
an interest to participate in the trade and the complexity of the
trade, the Options Exchange Official would determine if there was an
appropriate amount of time and require more time if necessary. The
Exchange believes that eliminating the RFQ process, including the BBO
Improvement Interval, which is not contemplated in non-FLEX Option open
outcry trading, would have minimal (if any) impact on how a Floor
Broker may request a market on the Exchange's trading floor with
respect to FLEX Options.
    The Exchange's proposal to no longer disseminate RFQ Quotes to OPRA
as part of this proposal does not impose an intra-market burden on
competition because the proposal aligns the process to transact FLEX
Orders with the current process to transact other orders in open
outcry. The RFQ message has not provided any additional liquidity under
the current process for FLEX Orders. Today, the RFQ message for FLEX
Orders is the only administrative message disseminated to OPRA on the
Exchange's trading floor. The Exchange does not otherwise disseminate
an administrative message for other transactions on the Exchange's
trading floor; only executed orders are disseminated to OPRA for non-
FLEX Orders on the trading floor and for electronic transactions on
Phlx. The Exchange believes that the open outcry process will continue
to provide a competitive market for FLEX Orders and that the proposed
process will provide an opportunity for the trading crowd to provide
liquidity. By contrast, quotes are not disseminated with respect to
other trades in open outcry today. While a market participant could
seek to participate in the trade by calling a floor broker after
viewing the RFQ on OPRA, this is an uncommon scenario. FLEX Orders,
unlike standard orders, are less common and the Exchange does not have
a similar RFQ process for standard orders that are analogous to those
FLEX Orders. The Exchange's proposal to no longer disseminate RFQ
Quotes to OPRA as part of this proposal does not impose an inter-market
burden on competition because the proposed process would align Phlx's
process with Cboe's process and not require Phlx to disseminate quotes
to OPRA while other options floor exchanges have no similar
obligations.\44\
---------------------------------------------------------------------------

    \44\ Cboe does not disseminate via OPRA information respecting
open outcry RFQs. See Securities Exchange Act Release No. 66052
(December 23, 2011), 77 FR 306 at 308 (January 4, 2012) (SR-Cboe-
2011-123).
---------------------------------------------------------------------------

    The Exchange's proposal to reword rule text concerning Exercise
Price located within proposed Options 8, Section 34(f)(3) does not
impose an undue burden on competition because it does not expand the
Exchange's current discretion. The proposal narrows the Exchange's
authority to provide the increment in the form of a dollar value not to
exceed two decimal places.
    The Exchange's proposal to amend Options 8, Section 34(f) to
provide that all other terms of a FLEX Option series are the same as
those that apply to non-FLEX Options, provided that a FLEX Index Option
with an index multiplier of one may not be the same type (put or call)
and may not have the same exercise style, expiration date, settlement
type, and exercise price as a non-FLEX Index Option overlying the same
index listed for trading (regardless of the index multiplier of the
non-FLEX Index Option), which terms constitute the FLEX Option series
does not impose an undue burden on competition. In the event that the
Exchange were to list a micro FLEX Index Option on an index on which it
also lists a standard FLEX index option, it will be listed with a
different trading symbol than the standard index option with the same
underlying index to reduce any potential confusion.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \45\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\46\
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    \45\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \46\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-Phlx-2023-22 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-Phlx-2023-22. 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 website (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 website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549 on official business days between the
hours of 10 a.m. and 3 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. Do
not include personal identifiable information in submissions; you
should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to file number SR-Phlx-2023-22, and should
be submitted on or before July 5, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\47\
---------------------------------------------------------------------------

    \47\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-12573 Filed 6-12-23; 8:45 am]
BILLING CODE 8011-01-P


24455 Federal Register / Vol. 68, No. 88 / Wednesday, May 7, 2003 / Notices comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas, Secretary. [ FR Doc. 03   11382 Filed 5   6   03; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0157; FRL   7305   6]

Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3( c)( 4) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. DATES: Written comments, identified by the docket ID number OPP   2003   0157, must be received on or before June 6, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Dennis McNeilly, Regulatory Action Leader, Registration Division ( 7505C), Office of Pesticide Programs, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 703) 308   6742; McNeilly. dennis;@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. EPA Docket. EPA has established an official public docket for this action under docket ID number OPP   2003   0157. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please VerDate Jan< 31> 2003 19: 20 May 06, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 07MYN1. SGM 07MYN1 24456 Federal Register / Vol. 68, No. 88 / Wednesday, May 7, 2003 / Notices follow the instructions in Unit I. D. Do not use EPA dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also, include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0157. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID number OPP   2003   0157. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID number OPP   2003   0157. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID number OPP   2003   0157. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the registration activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Registration Applications EPA received applications as follows to register pesticide products containing active ingredients not included in any previously registered products pursuant to the provision of section 3( c)( 4) of FIFRA. Notice of receipt of these applications does not imply a decision by the Agency on the applications.

Products Containing Active Ingredients Not Included in Any Previously Registered Products 1. File symbol: 71512 E. Applicant: ISK Biosciences. Product name: Ranman 400SC Agricultural Fungicide. Product type: Fungicide. Active ingredient: Cyazofamid at 34.5%. Proposed classification/ Use: None. For use on cucurbits, potato, and tomato. 2. File symbol: 71512 G. Applicant: ISK Biosciences. Product name: Technical Cyazofamid Fungicide. Product type: Fungicide. Active ingredient: Cyazofamid at 95.3%. Proposed classification/ Use: None. For manufacturing use only.

List of Subjects Environmental protection, Pesticides and pest.

Dated: April 28, 2003. Debra Edwards, Director, Registration Division, Office of Pesticide Programs. [ FR Doc. 03   11004 Filed 5   6   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0161; FRL   7304   3]

Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of an application to register a pesticide VerDate Jan< 31> 2003 19: 20 May 06, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 07MYN1. SGM 07MYN1


[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Page 57991]
[FR Doc No: 2014-22913]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549.

Extension:
    Rule 17f-2(e): SEC File No. 270-37, OMB Control No. 3235-0031.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 17f-
2(e) (17 CFR 240.17f-2(e)) under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.).
    Rule 17f-2(e) requires every member of a national securities
exchange, broker, dealer, registered transfer agent, and registered
clearing agency (``covered entities'') claiming an exemption from the
fingerprinting requirements of Rule 17f-2 to make and keep current a
statement entitled ``Notice Pursuant to Rule 17f-2'' (``Notice'')
containing the information specified in paragraph (e)(1) to support
their claim of exemption.
    Rule 17f-2(e) contains no filing requirement. Instead, paragraph
(e)(2) requires covered entities to keep a copy of the Notice in an
easily accessible place at the organization's principal office and at
the office employing the persons for whom exemptions are claimed and to
make the Notice available upon request for inspection by the
Commission, appropriate regulatory agency (if not the Commission) or
other designated examining authority. Notices prepared pursuant to Rule
17f-2(e) must be maintained for as long as the covered entity claims an
exemption from the fingerprinting requirements of Rule 17f-2. The
recordkeeping requirement under Rule 17f-2(e) assists the Commission
and other regulatory agencies with ensuring compliance with Rule 17f-2.
This rule does not involve the collection of confidential information.
    We estimate that approximately 75 respondents will incur an average
burden of 30 minutes per year to comply with this rule, which
represents the time it takes for a staff person at a covered entity to
properly document a claimed exemption from the fingerprinting
requirements of Rule 17f-2 in the required Notice and to properly
retain the Notice according to the entity's record retention policies
and procedures. The total annual burden for all covered entities is
approximately 38 hours (75 entities x .5 hours, rounded up).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following link: http://www.reginfo.gov. Comments
should be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503 or by sending an email to:
<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to
OMB within 30 days of this notice.

    Dated: September 22, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-22913 Filed 9-25-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Proposed Rules]
[Page 20805]
[DOCID:fr21ap10-21]

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

40 CFR Part 52

[EPA-R04-OAR-2010-0150-201009(b); FRL-9138-8]

Approval and Promulgation of Implementation Plans: Tennessee;
Visibility Impairment Prevention for Federal Class I Areas; Removal of
Federally Promulgated Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to remedy an inadvertent omission in the
Tennessee State Implementation Plan (SIP) regarding visibility in 40
CFR 52.2234. EPA approved Tennessee's visibility rules addressing new
source review on July 18, 1996, and a plan addressing monitoring and
reporting of visibility on July 2, 1997. EPA's approval of these rules
neglected to remove the previous federally promulgated provisions from
the Federal Implementation Plan contained in 40 CFR 52.2234. EPA is
proposing to correct this omission in this rulemaking. This action is
being taken pursuant to section 110 of the Clean Air Act. In the Final
Rules Section of this Federal Register, EPA is approving the State's
SIP revision as a direct final rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments.

DATES: Written comments must be received on or before May 21, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0150 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2010-0150,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Ward may be
reached by phone at<PHONE_NUMBER> or by electronic mail address at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period on
this document. Any parties interested in commenting on this document
should do so at this time.

    Dated: April 1, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-8936 Filed 4-20-10; 8:45 am]
BILLING CODE 6560-50-P