Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing of Proposed Rule Change To Amend By-Law Article XIV, Section 14-5 and Phlx Rule 50, 4038-4040 [E8-1059]
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Federal Register / Vol. 73, No. 15 / Wednesday, January 23, 2008 / Notices
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSE–2007–120. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of the NYSE. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NYSE–2007–120 and
should be submitted on or before
February 13, 2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–1055 Filed 1–22–08; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
ebenthall on PROD1PC69 with NOTICES
[Release No. 34–57155; File No. SR–Phlx–
2008–02]
Self-Regulatory Organizations;
Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule
Change To Amend By-Law Article XIV,
Section 14–5 and Phlx Rule 50
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to: (i) Modify
the timeframes within which monies
owed to the Exchange would become
reportable to the Board of Governors
(‘‘Board’’) for further action; (ii)
eliminate references to the monetary
threshold of $10,000; (iii) conform ByLaw language to indicate that Members,
Member Organizations, participants,
and participant organizations would be
subject to being terminated for failure to
pay; and (iv) make other clarifying
amendments. The text of the proposed
rule change is available at Phlx, the
Commission’s Public Reference Room,
and https://www.phlx.com.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
Phlx included statements concerning
the purpose of, and basis for, the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. Phlx has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
BILLING CODE 8011–01–P
January 15, 2008.
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on January 8,
2008, the Philadelphia Stock Exchange,
Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change as described in
Items I, II, and III below, which Items
have been substantially prepared by
Phlx. The Commission is publishing
this notice to solicit comments on the
proposed rule change from interested
persons.
1. Purpose
The purpose of the proposed rule
change is to amend the language in Phlx
By-Law Article XIV, section 14–5 and
Exchange Rule 50 to bolster the
Exchange’s procedures regarding
collection of monies owed to the
Exchange.
The proposed rule change modifies
the timeframes within which monies
owed to the Exchange would become
reportable to the Board, and by which
1 15
10 17
CFR 200.30–3(a)(12).
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15:17 Jan 22, 2008
2 17
Jkt 214001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00118
Fmt 4703
Sfmt 4703
Members, Member Organizations,
participants, and participant
organizations would be subject to a
suspension or termination. The
proposed rule change also defines the
types of fees subject to each timeframe.
Specifically, the previous time
limitations of 50 days from the original
invoice for certain monies and 20 days
for other categories of monies would be
removed from By-Law Article XIV,
Section 14–5 and the time limitations in
Exchange Rule 50 would be amended.
The 50 day timeframe applied to dues,
foreign currency options users’ fees,
fees, other charges and other monies
due and owed to the Exchange. The 20
day timeframe applied to fines and
other monetary sanctions.
Under this proposal, a Member, or
Member Organization, participant, or
participant organization or employee
thereof shall be referred to the Board for
failure to: (i) Pay fines and/or other
monetary sanctions within 30 days after
notice thereof; or (ii) pay dues, foreign
currency options users’ fees, fees, other
charges, and/or other monies due,
including late charges, within 90 days
from the date of the original invoice.
These timeframes would be amended in
Rule 50 and deleted from By-Law
Article XIV, section 14–5, rather than
appear in both Rule 50 and By-Law
Article XIV, section 14–5. The purpose
of amending these timeframes is to
conform to the Exchange’s current
accounting and billing cycles and to
allow a reasonable time for payment of
invoices prior to the necessity to report
a past due amount to the Board for
further action.
In addition, this proposed rule change
would eliminate the references to the
monetary threshold of $10,000 from
both By-Law Article XIV, section 14–5
and Rule 50, so that all past due
amounts are reportable to the Board
within the specified proposed new
timeframes. The requirement to report
to the Finance Committee is proposed to
be eliminated from Rule 50. Both of
these changes are intended to direct
collection matters to the Board directly
and without regard to the amount, in
order to enhance the immediacy of the
Exchange’s collection efforts.
The word ‘‘terminate’’ is proposed to
be added to By-Law Article XIV, section
14–5 to conform with the termination
language in By-Law Article XIV, section
14–1. By-Law Article XIV, section 14–1
currently provides that the Board shall
have the power to establish and assess
penalties and late charges for failure to
pay any fees, dues, or charges owed to
the Exchange, including, without
limitation, termination of a permit or
participation (which permit or
E:\FR\FM\23JAN1.SGM
23JAN1
Federal Register / Vol. 73, No. 15 / Wednesday, January 23, 2008 / Notices
ebenthall on PROD1PC69 with NOTICES
participation may be reissued) and
forfeiture of all rights as a Member,
Member Organization or participant
organization, permit holder or (with
respect to a foreign currency options
participation) an owner, lessor or lessee.
The proposed rule change to By-Law
Article XIV, section 14–5 clarifies that
the Board has the power to terminate,
not just suspend, any permit or rights
and privileges of a foreign currency
options participation of any Member,
foreign currency options participant,3
Member Organization or participant
organization or employee thereof.
Currently, By-Law Article XIV, section
14–5 only covers suspension. The
Exchange believes it is helpful to add
‘‘terminate’’ to By-Law Article XIV,
section 14–5 so that the consequences of
a failure to pay appear together, even
though By-Law Article XIV, section 14–
1 already gives the Board the power to
terminate. In other words, the Board’s
power to terminate is merely being
repeated in another by-law and is not
being created by this proposed rule
change.
A Member, Member Organization or
employee thereof is required to
maintain a permit in order to qualify as
a member of the Exchange. That permit
has certain rights and privileges 4 that
allow the Member or Member
Organization, and its employees, to
access the trading floor and trade,
among other things. In order to trade
foreign currency options at the
Exchange, either a permit or a foreign
currency participation is required.5
3 By-Law Article I, Section 1–1(j) defines a
Foreign Currency Options Participation as ‘‘the
foreign currency options participations issued from
time to time by the Exchange.’’
By-Law Article I, Section 1–1(k) defines a Foreign
Currency Options Participant or Participant as ‘‘a
Member of the Exchange who has purchased a
foreign currency options participation and a nonmember who has been admitted to the Exchange as
a foreign currency options participant by the
Admissions Committee.’’
By-Law Article I, Section 1–1(l) defines a Foreign
Currency Options Participant Organization as:
‘‘* * * corporation, partnership (general or
limited), limited liability partnership, limited
liability company, business trust or similar
organization, transacting business as a broker or a
dealer in securities and which has the status of a
foreign currency options participant organization by
virtue of (i) permission given to it by the
Admissions Committee pursuant to the provisions
of Section 10–6 of these By-Laws or (ii) the
transitional rules adopted by the Exchange pursuant
to Section 12–12 of these By-Laws. References
herein to officer or partner, when used in the
context of a foreign currency options participant
organization, shall include any person holding a
similar position in any organization other than a
corporation or partnership that has the status of a
foreign currency options participant organization.’’
4 See Exchange Rule 908 (Rights and Privileges of
A–1 Permits.)
5 See Exchange By-Law Article XXVII, Section
27–1 (Foreign Currency Options Participants) and
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15:17 Jan 22, 2008
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For non-payment of monies owed, the
Board may, using its powers in By-Law
Article XIV, Sections 14–1 and 14–5,
determine to, in the case of a permit: (1)
Suspend trading privileges that flow
from the permit for a period of time,
until payment is made; or (2) terminate
the permit; or, in the case of a foreign
currency options participation, (3)
suspend the rights and privileges for a
period of time; (4) terminate the
participation; or (5) if eligible, pursuant
to the last paragraph of By-Law Article
XIV, section 14–5, dispose of the
participation.
In the event that a permit is
terminated by the Board, the affected
party would be required to reapply for
admission with the Exchange for a new
permit once payment in full was made
of any outstanding balance owed to the
Exchange. In the event of disposal,6 as
referenced in the last paragraph of ByLaw Article XIV, section 14–5, the
Exchange would purchase the
participation at the current bid 7 and
allocate proceeds to the holder less the
amount that was owed the Exchange.8
This provision is only being changed to
delete the $10,000 threshold, such that
any amounts owed and not paid after
one year may subject a foreign currency
options participation to disposal.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with section 6(b)
of the Act,9 in general, and furthers the
objectives of section 6(b)(5) of the Act,10
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
investors and the public interest by
providing notice and clarity of its
Exchange By-Law Article XIII, Section 13–1
(Qualification.) See also Securities Exchange Act
Release No. 49098 (January 16, 2004), 69 FR 3974
(January 27, 2004) (SR–Phlx–2003–73) at n. 8 which
states, ‘‘The Exchange, however, plans to retain its
existing Foreign Currency Option (‘‘FCO’’)
participations (as defined in section 1–1(i) of the
amended By-laws). After the demutualization, the
ability to trade FCOs on the Phlx will also be
available through a Series A–1 Permit, as set forth
in proposed Rule 908(b).’’
6 See By-Law Article XXVII, Section 27–3
(Privileges and Obligations of Foreign Currency
Options Participants.)
7 The current bid for a Foreign Currency Options
Participation is posted weekly in the Exchange
bulletin.
8 See By-Law Article XV, Section 15–3
(Disposition of Proceeds of Sale of Foreign Currency
Options Participation) and By-Law Article XV,
Section 15–11 (Foreign Currency Options
Participations Purchased by the Exchange.)
9 15 U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
4039
reporting procedures for non-payment
to the Exchange.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Registeror within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which Phlx consents, the
Commission will:
(A) By order approve such proposed
rule change, or
(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Phlx–2008–02 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–2008–02. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
E:\FR\FM\23JAN1.SGM
23JAN1
4040
Federal Register / Vol. 73, No. 15 / Wednesday, January 23, 2008 / Notices
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of the filing also will be available
for inspection and copying at the
principal office of Phlx. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx–
2008–02 and should be submitted on or
before February 13, 2008.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–1059 Filed 1–22–08; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Approval of the Finding of No
Significant Impact and Record of
Decision for the Final Environmental
Assessment (EA) for the Construction
of a New Land-Based Airport in
Akutan, AK
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of approval of the
Finding of No Significant Impact/
Record of Decision.
ebenthall on PROD1PC69 with NOTICES
AGENCY:
SUMMARY: The Federal Aviation
Administration is announcing the
approval of the Finding of No
Significant Impact/Record of Decision
(FONSI/ROD) for the Final
Environmental Assessment (EA) for the
construction of a new land-based airport
in Akutan, AK. The FONSI/ROD
provides final agency determinations
and approvals for the proposed
development.
11 17
CFR 200.30–3(a)(12).
VerDate Aug<31>2005
15:17 Jan 22, 2008
Jkt 214001
Patti
Sullivan, Environmental Specialist,
Federal Aviation Administration,
Alaskan Region, Airports Division, 222
W. 7th Avenue #14, Anchorage, AK
99513–7504. Ms. Sullivan may be
contacted during business hours at (907)
271–5454 (phone) and (907) 271–2851
(facsimile).
FOR FURTHER INFORMATION CONTACT:
The
FONSI/ROD is for the approval of
actions for the construction of an
airport, including a runway, a runway
safety area, connecting taxiway, an
apron, and a snow removal equipment
and maintenance facility; an airport
access road; two hovercraft landing
pads; a hovercraft storage and
maintenance facility; and acquisition of
a hovercraft. The FONSI/ROD provides
the final agency determinations and
approvals for Federal actions by the
FAA related to the selection of
alternatives to meet the purpose and
need for the action. The FONSI/ROD
also includes required mitigation
measures and conditions of approval.
The FONSI/ROD indicates that the
selected actions are consistent with
existing environmental policies and
objectives set forth in the National
Environmental Policy Act (NEPA) of
1969, as amended, as well as other
Federal and State statutes, and that the
actions will not significantly affect the
quality of the environment.
The FAA’s decision is based upon
information contained in the Final EA,
issued in December 2007, and on all
other applicable documents available to
the agency and considered by it, which
constitutes the administrative record.
The FAA’s determinations are
discussed in the FONSI/ROD, which
was approved on December 26, 2007.
SUPPLEMENTARY INFORMATION:
FONSI/ROD Availability
The FONSI/ROD may be viewed at
the following Web site: https://
www.faa.gov/airports_airtraffic/
airports/regional_guidance/alaskan/.
Issued in Anchorage, Alaska on January 11,
2007.
Byron K. Huffman,
Manager, Airports Division, Alaskan Region.
[FR Doc. 08–232 Filed 1–22–08; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Finding of No Significant Impact
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
Environmental Finding
Document: Finding of No Significant
Impact; Notice.
ACTION:
SUMMARY: The FAA participated as a
cooperating agency with the U.S. Army
Space and Missile Defense Command/
U.S. Army Forces Strategic Command in
preparation of the SpaceX Falcon
Program Environmental Assessment
(EA). The Falcon Launch Vehicle
Program is a venture by Space
Exploration Technologies, Inc. (SpaceX)
to provide space launch operations. The
EA analyzed the environmental
consequences of conducting an average
of six Falcon 1 launches per year and up
to four Falcon 9 launches per year
(starting after 2008) for the next ten
years from Omelek Island, U.S. Army
Kwajalein Atoll Ronald Reagan Ballistic
Missile Test Site (USAKA/RTS). The EA
also analyzed the reentry of the Dragon
reentry capsule, which would be carried
as a payload on the Falcon 9 launch
vehicle. Additionally, the SpaceX
Falcon Program EA analyzed
infrastructure improvements proposed
on Omelek Island and Kwajalein to
support the proposed launch activities.
SpaceX would require a launch or
reentry license from the FAA for
launches or reentries of commercial
payloads.
From its independent review and
consideration, the FAA has determined
that the FAA’s proposed action is
substantially the same as the actions
already analyzed in the SpaceX EA and
that FAA’s comments and suggestions
have been satisfied (see 1506.3(c) and
FAA Order 1050.1E, 518h). The FAA
formally adopts the EA and hereby
incorporates the analysis to support
future decisions on license applications.
After reviewing and analyzing
currently available data and information
on existing conditions, project impacts,
and measures to mitigate those impacts,
the FAA has determined that the
proposed action is not a Federal action
that would significantly affect the
quality of the human environment
within the meaning of the National
Environmental Policy Act (NEPA).
Therefore, the preparation of an
Environmental Impact Statement (EIS)
is not required and the FAA is issuing
a Finding of No Significant Impact
(FONSI). The FAA made this
determination in accordance with all
applicable environmental laws.
For a Copy of the Environmental
Assessment or the FONSI Contact:
Questions or comments should be
directed to Ms. Stacey Zee; FAA
Environmental Specialist; Federal
Aviation Administration; 800
Independence Ave., SW.; AST–100,
E:\FR\FM\23JAN1.SGM
23JAN1
]]>Agencies
[Federal Register Volume 73, Number 15 (Wednesday, January 23, 2008)]
[Notices]
[Pages 4038-4040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1059]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57155; File No. SR-Phlx-2008-02]
Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change To Amend By-Law Article XIV,
Section 14-5 and Phlx Rule 50
January 15, 2008.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 8, 2008, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by Phlx.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to: (i) Modify the timeframes within which
monies owed to the Exchange would become reportable to the Board of
Governors (``Board'') for further action; (ii) eliminate references to
the monetary threshold of $10,000; (iii) conform By-Law language to
indicate that Members, Member Organizations, participants, and
participant organizations would be subject to being terminated for
failure to pay; and (iv) make other clarifying amendments. The text of
the proposed rule change is available at Phlx, the Commission's Public
Reference Room, and https://www.phlx.com.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, Phlx included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Phlx has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to amend the language in
Phlx By-Law Article XIV, section 14-5 and Exchange Rule 50 to bolster
the Exchange's procedures regarding collection of monies owed to the
Exchange.
The proposed rule change modifies the timeframes within which
monies owed to the Exchange would become reportable to the Board, and
by which Members, Member Organizations, participants, and participant
organizations would be subject to a suspension or termination. The
proposed rule change also defines the types of fees subject to each
timeframe. Specifically, the previous time limitations of 50 days from
the original invoice for certain monies and 20 days for other
categories of monies would be removed from By-Law Article XIV, Section
14-5 and the time limitations in Exchange Rule 50 would be amended. The
50 day timeframe applied to dues, foreign currency options users' fees,
fees, other charges and other monies due and owed to the Exchange. The
20 day timeframe applied to fines and other monetary sanctions.
Under this proposal, a Member, or Member Organization, participant,
or participant organization or employee thereof shall be referred to
the Board for failure to: (i) Pay fines and/or other monetary sanctions
within 30 days after notice thereof; or (ii) pay dues, foreign currency
options users' fees, fees, other charges, and/or other monies due,
including late charges, within 90 days from the date of the original
invoice. These timeframes would be amended in Rule 50 and deleted from
By-Law Article XIV, section 14-5, rather than appear in both Rule 50
and By-Law Article XIV, section 14-5. The purpose of amending these
timeframes is to conform to the Exchange's current accounting and
billing cycles and to allow a reasonable time for payment of invoices
prior to the necessity to report a past due amount to the Board for
further action.
In addition, this proposed rule change would eliminate the
references to the monetary threshold of $10,000 from both By-Law
Article XIV, section 14-5 and Rule 50, so that all past due amounts are
reportable to the Board within the specified proposed new timeframes.
The requirement to report to the Finance Committee is proposed to be
eliminated from Rule 50. Both of these changes are intended to direct
collection matters to the Board directly and without regard to the
amount, in order to enhance the immediacy of the Exchange's collection
efforts.
The word ``terminate'' is proposed to be added to By-Law Article
XIV, section 14-5 to conform with the termination language in By-Law
Article XIV, section 14-1. By-Law Article XIV, section 14-1 currently
provides that the Board shall have the power to establish and assess
penalties and late charges for failure to pay any fees, dues, or
charges owed to the Exchange, including, without limitation,
termination of a permit or participation (which permit or
[[Page 4039]]
participation may be reissued) and forfeiture of all rights as a
Member, Member Organization or participant organization, permit holder
or (with respect to a foreign currency options participation) an owner,
lessor or lessee. The proposed rule change to By-Law Article XIV,
section 14-5 clarifies that the Board has the power to terminate, not
just suspend, any permit or rights and privileges of a foreign currency
options participation of any Member, foreign currency options
participant,\3\ Member Organization or participant organization or
employee thereof. Currently, By-Law Article XIV, section 14-5 only
covers suspension. The Exchange believes it is helpful to add
``terminate'' to By-Law Article XIV, section 14-5 so that the
consequences of a failure to pay appear together, even though By-Law
Article XIV, section 14-1 already gives the Board the power to
terminate. In other words, the Board's power to terminate is merely
being repeated in another by-law and is not being created by this
proposed rule change.
---------------------------------------------------------------------------
\3\ By-Law Article I, Section 1-1(j) defines a Foreign Currency
Options Participation as ``the foreign currency options
participations issued from time to time by the Exchange.''
By-Law Article I, Section 1-1(k) defines a Foreign Currency
Options Participant or Participant as ``a Member of the Exchange who
has purchased a foreign currency options participation and a non-
member who has been admitted to the Exchange as a foreign currency
options participant by the Admissions Committee.''
By-Law Article I, Section 1-1(l) defines a Foreign Currency
Options Participant Organization as:
``* * * corporation, partnership (general or limited), limited
liability partnership, limited liability company, business trust or
similar organization, transacting business as a broker or a dealer
in securities and which has the status of a foreign currency options
participant organization by virtue of (i) permission given to it by
the Admissions Committee pursuant to the provisions of Section 10-6
of these By-Laws or (ii) the transitional rules adopted by the
Exchange pursuant to Section 12-12 of these By-Laws. References
herein to officer or partner, when used in the context of a foreign
currency options participant organization, shall include any person
holding a similar position in any organization other than a
corporation or partnership that has the status of a foreign currency
options participant organization.''
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A Member, Member Organization or employee thereof is required to
maintain a permit in order to qualify as a member of the Exchange. That
permit has certain rights and privileges \4\ that allow the Member or
Member Organization, and its employees, to access the trading floor and
trade, among other things. In order to trade foreign currency options
at the Exchange, either a permit or a foreign currency participation is
required.\5\
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\4\ See Exchange Rule 908 (Rights and Privileges of A-1
Permits.)
\5\ See Exchange By-Law Article XXVII, Section 27-1 (Foreign
Currency Options Participants) and Exchange By-Law Article XIII,
Section 13-1 (Qualification.) See also Securities Exchange Act
Release No. 49098 (January 16, 2004), 69 FR 3974 (January 27, 2004)
(SR-Phlx-2003-73) at n. 8 which states, ``The Exchange, however,
plans to retain its existing Foreign Currency Option (``FCO'')
participations (as defined in section 1-1(i) of the amended By-
laws). After the demutualization, the ability to trade FCOs on the
Phlx will also be available through a Series A-1 Permit, as set
forth in proposed Rule 908(b).''
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For non-payment of monies owed, the Board may, using its powers in
By-Law Article XIV, Sections 14-1 and 14-5, determine to, in the case
of a permit: (1) Suspend trading privileges that flow from the permit
for a period of time, until payment is made; or (2) terminate the
permit; or, in the case of a foreign currency options participation,
(3) suspend the rights and privileges for a period of time; (4)
terminate the participation; or (5) if eligible, pursuant to the last
paragraph of By-Law Article XIV, section 14-5, dispose of the
participation.
In the event that a permit is terminated by the Board, the affected
party would be required to reapply for admission with the Exchange for
a new permit once payment in full was made of any outstanding balance
owed to the Exchange. In the event of disposal,\6\ as referenced in the
last paragraph of By-Law Article XIV, section 14-5, the Exchange would
purchase the participation at the current bid \7\ and allocate proceeds
to the holder less the amount that was owed the Exchange.\8\ This
provision is only being changed to delete the $10,000 threshold, such
that any amounts owed and not paid after one year may subject a foreign
currency options participation to disposal.
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\6\ See By-Law Article XXVII, Section 27-3 (Privileges and
Obligations of Foreign Currency Options Participants.)
\7\ The current bid for a Foreign Currency Options Participation
is posted weekly in the Exchange bulletin.
\8\ See By-Law Article XV, Section 15-3 (Disposition of Proceeds
of Sale of Foreign Currency Options Participation) and By-Law
Article XV, Section 15-11 (Foreign Currency Options Participations
Purchased by the Exchange.)
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2. Statutory Basis
The Exchange believes that its proposal is consistent with section
6(b) of the Act,\9\ in general, and furthers the objectives of section
6(b)(5) of the Act,\10\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest by providing notice and clarity of its reporting procedures
for non-payment to the Exchange.
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\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of publication of this notice in the
Federal Registeror within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which Phlx consents, the Commission will:
(A) By order approve such proposed rule change, or
(B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Phlx-2008-02 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2008-02. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/
[[Page 4040]]
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of Phlx. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2008-02 and should be
submitted on or before February 13, 2008.
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\11\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-1059 Filed 1-22-08; 8:45 am]
BILLING CODE 8011-01-P
