Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Order Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Amend Rules Relating to Conduct of Business on the Exchange, 69185-69186 [E9-30912]
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
events giving rise to the dispute.
However, the Director would honor an
associated person’s request for a
different hearing location in the
associated person’s state of
employment.5 FINRA believes the
proposal would benefit associated
persons by providing them with a
choice of hearing locations.
organization 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.
2. Statutory Basis
FINRA believes that the proposed rule
change is consistent with the provisions
of Section 15A(b)(6) of the Act,6 which
requires, among other things, that
FINRA rules must be designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, and, in
general, to protect investors and the
public interest. The proposed rule
change is consistent with FINRA’s
statutory obligations under the Act to
protect investors and the public interest
because the proposal would assist in the
efficient administration of the
arbitration process by giving customers
and associated persons more control
over where the arbitration would be
held.
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. The
Commission in particular requests
comment on the effect of allowing
customers or associated persons to
request a different hearing location after
the arbitrator or arbitrators have been
selected. Comments may be submitted
by any of the following methods:
B. Self-Regulatory Organization’s
Statement on Burden on Competition
FINRA does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received by FINRA.
mstockstill on DSKH9S0YB1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
5 If the associated person requests a different
hearing location other than the location closest to
where the associated person was employed at the
time of the of the events giving rise to dispute and
makes the request before the arbitrator or arbitrators
are selected, the Director will grant the request. If
the associated person requests a different hearing
location other than the location closest to where the
associated person was employed at the time of the
of the events giving rise to dispute and makes the
request after the arbitrator or arbitrators are
selected, the associated person must submit the
request to the arbitrator or panel.
6 15 U.S.C. 78o–3(b)(6).
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19:01 Dec 29, 2009
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IV. Solicitation of Comments
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–FINRA–2009–073 on the
subject line.
69185
All submissions should refer to the
File Number SR–FINRA–2009–073 and
should be submitted on or before
January 20, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–30913 Filed 12–29–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61207; File No. SR–Phlx–
2009–84]
Self-Regulatory Organizations;
NASDAQ OMX PHLX, Inc.; Order
Approving Proposed Rule Change, as
Modified by Amendment No. 1 Thereto,
To Amend Rules Relating to Conduct
of Business on the Exchange
December 18, 2009.
On October 29, 2009, NASDAQ OMX
PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Paper Comments
Commission (‘‘Commission’’), pursuant
• Send paper comments in triplicate
to Section 19(b)(1) of the Securities
to Elizabeth M. Murphy, Secretary,
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
Securities and Exchange Commission,
19b–4 thereunder,2 a proposed rule
100 F Street, NE., Washington, DC
change that would: (i) Create an
20549–1090.
expedited hearing process for members
All submissions should refer to File
posing an immediate threat to the safety
Number SR–FINRA–2009–073. This file of persons or property, seriously
number should be included on the
disrupting Exchange operations, or who
subject line if e-mail is used. To help the are in possession of a firearm on the
Commission process and review your
Exchange trading floor; (ii) increase the
comments more efficiently, please use
time period a member may be
only one method. The Commission will physically excluded from the trading
post all comments on the Commission’s floor; (iii) increase the maximum
Internet Web site (https://www.sec.gov/
amount a member may be fined
rules/sro.shtml). Copies of the
pursuant to Rule 60; (iv) amend
submission, all subsequent
language applicable to contesting
amendments, all written statements
citations and create a forum fee of $100
with respect to the proposed rule
for contesting citations; (v) add language
change that are filed with the
to explicitly prohibit alcohol and illegal
Commission, and all written
controlled substances on the trading
communications relating to the
floor; (vi) increase fines for various
proposed rule change between the
regulations; (vii) require non-member
Commission and any person, other than visitors who are performing contract
those that may be withheld from the
work at the Exchange on behalf of
public in accordance with the
members to provide a certificate of
provisions of 5 U.S.C. 552, will be
insurance and add fines for failure to
available for inspection and copying in
provide proof of insurance; (viii) add a
the Commission’s Public Reference
rule to limit exchange liability and
Room, 100 F Street, NE., Washington DC require reimbursement of certain
20549–1090. All comments received
expenses; (ix) amend the disciplinary
will be posted without change; the
rules to allow Enforcement Staff to
Commission does not edit personal
request a hearing; and (x) increase the
identifying information from
submissions. You should submit only
7 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
information that you wish to make
2 17 CFR 240.19b–4.
available publicly.
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E:\FR\FM\30DEN1.SGM
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69186
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
limit on fines from $5,000 to $10,000
and add clarifying language to Rule 970.
On November 6, 2009, Phlx filed
Amendment No. 1. The proposed rule
change, as amended, was published for
comment in the Federal Register on
November 17, 2009.3 The Commission
received no comments on the proposal.
This order approves the proposed rule
change.
After careful consideration, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.4 In
particular, the Commission believes that
the proposed rule change is consistent
with Section 6(b)(5) of the Act 5 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. The Commission
believes the proposed rule change may
facilitate prompt, appropriate, and
effective discipline for violations of
Rule 60 and the regulations thereunder
designed to maintain order on the
Exchange.
With regard to the proposed rule
change’s amendments to the Phlx’s
Minor Rule Plan (‘‘MRP’’), the
Commission also believes that the
proposed rule change is consistent with
Sections 6(b)(1) and 6(b)(6) of the Act,6
which require that the rules of an
exchange enable the exchange to enforce
compliance with, and provide
appropriate discipline for, violations of
Commission and Exchange rules.
Furthermore, the Commission believes
that the proposed changes to the MRP
should strengthen the Exchange’s ability
to carry out its oversight and
enforcement responsibilities as a selfregulatory organization in cases where
full disciplinary proceedings are
unsuitable in view of the minor nature
of the particular violation. Therefore,
the Commission finds that the proposed
rule change amending the MRP is
consistent with the public interest, the
protection of investors, or otherwise in
furtherance of the purposes of the Act,
as required by Rule 19d–1(c)(2) under
the Act,7 which governs minor rule
violation plans.
3 Securities Exchange Act Release No. 60961
(November 6, 2009), 74 FR 59279.
4 In approving this proposed rule change, the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
5 15 U.S.C. 78f(b)(5).
6 15 U.S.C. 78f(b)(5) and 78f(b)(6).
7 17 CFR 240.19d–1(c)(2).
VerDate Nov<24>2008
19:01 Dec 29, 2009
Jkt 220001
In approving this proposed rule
change, the Commission in no way
minimizes the importance of
compliance with Phlx rules and all
other rules subject to the imposition of
fines under the MRP. The Commission
believes that the violation of any selfregulatory organization’s rules, as well
as Commission rules, is a serious matter.
However, the MRP provides a
reasonable means of addressing rule
violations that do not rise to the level of
requiring formal disciplinary
proceedings, while providing greater
flexibility in handling certain violations.
The Commission expects that Phlx will
continue to conduct surveillance with
due diligence and make a determination
based on its findings, on a case-by-case
basis, whether a fine of more or less
than the recommended amount is
appropriate for a violation under the
MRP or whether a violation requires
formal disciplinary action.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act 8 and Rule
19d–1(c)(2) under the Act,9 that the
proposed rule change (SR–Phlx–2009–
84), as amended, be, and hereby is,
approved and the minor rule plan
amendment is declared effective.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–30912 Filed 12–29–09; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice 6858]
In the Matter of the Review of the
Designation of al-Jihad AKA Egyptian
Islamic Jihad AKA Egyptian al-Jihad
AKA Jihad Group AKA New Jihad as
a Foreign Terrorist Organization
Pursuant to Section 219 of the
Immigration and Nationality Act, as
Amended
Based upon a review of the
Administrative Record assembled in
this matter pursuant to Section
219(a)(4)(C) of the Immigration and
Nationality Act, as amended (8 U.S.C.
1189(a)(4)(C)) (‘‘INA’’), and in
consultation with the Attorney General
and the Secretary of the Treasury, I
conclude that there is a sufficient
factual basis to find that al-Jihad, also
known as Egyptian Islamic Jihad, also
8 15
U.S.C. 78s(b)(2)
CFR 240.19d–1(c)(2).
10 17 CFR 200.30–3(a)(12); 17 CFR 200.30–
3(a)(44).
9 17
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Fmt 4703
Sfmt 4703
known as Egyptian al-Jihad, also known
as Jihad Group, also known as New
Jihad, has merged with al-Qa’ida, and
that the relevant circumstances
described in Section 219(a)(1) of the
INA still exist with respect to that
organization.
Therefore, I hereby determine that the
amendment of the designation of alJihad, and its aliases, as a foreign
terrorist organization, pursuant to
Section 219 of the INA (8 U.S.C. 1189),
shall be maintained as a designated alias
of al-Qa’ida, as provided for in 74 FR
4069 (January 22, 2009).
This determination shall be published
in the Federal Register.
Dated: December 18, 2009.
James B. Steinberg,
Deputy Secretary of State.
[FR Doc. E9–30835 Filed 12–29–09; 8:45 am]
BILLING CODE 4710–10–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Environmental Impact Statement for
the California High-Speed Train Project
from Merced to Sacramento, CA
AGENCY: Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of intent to prepare an
environmental impact statement.
SUMMARY: This notice is to advise the
public that FRA and the California
High-Speed Rail Authority (Authority)
will jointly prepare a project
Environmental Impact Statement (EIS)
and a project Environmental Impact
Report (EIR) for the Merced to
Sacramento Section of the Authority’s
proposed California High-Speed Train
(HST) System in compliance with
relevant State and Federal laws, in
particular the National Environmental
Policy Act (NEPA) and the California
Environmental Quality Act (CEQA). The
San Joaquin Regional Rail Commission
(SJRRC) is interested in providing
intercity and commuter regional rail
passenger services within this section of
the HST System connecting to the
Altamont Corridor Rail Project. FRA is
issuing this Notice to alert interested
parties and solicit public and agency
input into the development of the scope
of the EIS and to advise the public that
outreach activities conducted by the
Authority and their representatives will
be considered in the preparation of the
combined EIR/EIS. The U.S. Army
Corps of Engineers may serve as a
cooperating agency for the preparation
of the EIR/EIS.
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Notices]
[Pages 69185-69186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30912]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61207; File No. SR-Phlx-2009-84]
Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Order
Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto,
To Amend Rules Relating to Conduct of Business on the Exchange
December 18, 2009.
On October 29, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change that would: (i) Create an expedited hearing
process for members posing an immediate threat to the safety of persons
or property, seriously disrupting Exchange operations, or who are in
possession of a firearm on the Exchange trading floor; (ii) increase
the time period a member may be physically excluded from the trading
floor; (iii) increase the maximum amount a member may be fined pursuant
to Rule 60; (iv) amend language applicable to contesting citations and
create a forum fee of $100 for contesting citations; (v) add language
to explicitly prohibit alcohol and illegal controlled substances on the
trading floor; (vi) increase fines for various regulations; (vii)
require non-member visitors who are performing contract work at the
Exchange on behalf of members to provide a certificate of insurance and
add fines for failure to provide proof of insurance; (viii) add a rule
to limit exchange liability and require reimbursement of certain
expenses; (ix) amend the disciplinary rules to allow Enforcement Staff
to request a hearing; and (x) increase the
[[Page 69186]]
limit on fines from $5,000 to $10,000 and add clarifying language to
Rule 970.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
On November 6, 2009, Phlx filed Amendment No. 1. The proposed rule
change, as amended, was published for comment in the Federal Register
on November 17, 2009.\3\ The Commission received no comments on the
proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------
\3\ Securities Exchange Act Release No. 60961 (November 6,
2009), 74 FR 59279.
---------------------------------------------------------------------------
After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\4\ In particular, the Commission believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act \5\ 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. The Commission believes the proposed
rule change may facilitate prompt, appropriate, and effective
discipline for violations of Rule 60 and the regulations thereunder
designed to maintain order on the Exchange.
---------------------------------------------------------------------------
\4\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
With regard to the proposed rule change's amendments to the Phlx's
Minor Rule Plan (``MRP''), the Commission also believes that the
proposed rule change is consistent with Sections 6(b)(1) and 6(b)(6) of
the Act,\6\ which require that the rules of an exchange enable the
exchange to enforce compliance with, and provide appropriate discipline
for, violations of Commission and Exchange rules. Furthermore, the
Commission believes that the proposed changes to the MRP should
strengthen the Exchange's ability to carry out its oversight and
enforcement responsibilities as a self-regulatory organization in cases
where full disciplinary proceedings are unsuitable in view of the minor
nature of the particular violation. Therefore, the Commission finds
that the proposed rule change amending the MRP is consistent with the
public interest, the protection of investors, or otherwise in
furtherance of the purposes of the Act, as required by Rule 19d-1(c)(2)
under the Act,\7\ which governs minor rule violation plans.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b)(5) and 78f(b)(6).
\7\ 17 CFR 240.19d-1(c)(2).
---------------------------------------------------------------------------
In approving this proposed rule change, the Commission in no way
minimizes the importance of compliance with Phlx rules and all other
rules subject to the imposition of fines under the MRP. The Commission
believes that the violation of any self-regulatory organization's
rules, as well as Commission rules, is a serious matter. However, the
MRP provides a reasonable means of addressing rule violations that do
not rise to the level of requiring formal disciplinary proceedings,
while providing greater flexibility in handling certain violations. The
Commission expects that Phlx will continue to conduct surveillance with
due diligence and make a determination based on its findings, on a
case-by-case basis, whether a fine of more or less than the recommended
amount is appropriate for a violation under the MRP or whether a
violation requires formal disciplinary action.
It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\8\ and Rule 19d-1(c)(2) under the Act,\9\ that the proposed rule
change (SR-Phlx-2009-84), as amended, be, and hereby is, approved and
the minor rule plan amendment is declared effective.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(2)
\9\ 17 CFR 240.19d-1(c)(2).
\10\ 17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(44).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30912 Filed 12-29-09; 8:45 am]
BILLING CODE 8011-01-P
