Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of Amendments to Rule A-7, on Assessments, and Rule A-8, on Rulemaking Procedures, 70329-70331 [2010-28982]
Download as PDF
Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
the proposed rule change or
(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
will also be available for inspection and
copying at the principal office of FICC
and on FICC’s Web site at https://
dtcc.com/downloads/legal/rule_filings/
2010/ficc/2010-08.pdf. 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–FICC–
2010–08 and should be submitted on or
before December 8, 2010.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.6
Florence E. Harmon,
Deputy Secretary.
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:
[FR Doc. 2010–28897 Filed 11–16–10; 8:45 am]
Electronic Comments
[Release No. 34–63072A; File No. SR–
NYSEAmex–2010–97]
• Use the Commissions 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–FICC–2010–08 on the
subject line.
mstockstill on DSKH9S0YB1PROD with NOTICES
Paper Comments
16:21 Nov 16, 2010
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NYSE
Amex LLC Amending the Exchange
Price List; Correction
October 8, 2010.
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–FICC–2010–08. 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 Web site viewing and
printing in the Commission’s Public
Reference Section, 100 F Street, NE.,
Washington, DC 20549–1090, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filings
VerDate Mar<15>2010
BILLING CODE 8011–01–P
Jkt 223001
Securities and Exchange
Commission.
AGENCY:
ACTION:
Notice; correction.
The Securities and Exchange
Commission published a document in
the Federal Register of October 19, 2010
concerning a Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change by NYSE Amex LLC
Amending the Exchange Price List. The
document was dated incorrectly.
SUMMARY:
Yue
Ding, Division of Trading and Markets,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549, (202) 551–5842.
FOR FURTHER INFORMATION CONTACT:
Correction
In the Federal Register of October 19,
2010, in FR Doc. 2010–26109, on page
64368, in the 23rd line of the second
column, the date is corrected to read as
noted above.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–28864 Filed 11–16–10; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63307; File No. SR–MSRB–
2010–13]
Self-Regulatory Organizations;
Municipal Securities Rulemaking
Board; Notice of Filing and Immediate
Effectiveness of Amendments to Rule
A–7, on Assessments, and Rule A–8,
on Rulemaking Procedures
November 12, 2010.
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 November
1, 2010, the Municipal Securities
Rulemaking Board (‘‘Board’’ or ‘‘MSRB’’),
filed with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I and II below, which Items
have been prepared by the MSRB. The
MSRB has designated the proposed rule
change as concerned solely with the
administration of the Board pursuant to
Section 19(b)(3)(A)(iii) of the Act, and
Rule 19b–4(f)(3) thereunder, which
renders the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The MSRB is filing a proposed rule
change consisting of amendments to
Rule A–7, on assessments, and Rule A–
8, on rulemaking procedures, to apply
existing MSRB mechanisms and
procedures for establishing assessments
and undertaking rulemaking in
connection with municipal advisors.
The proposed rule change would apply
to municipal advisors effective
immediately. The text of the proposed
rule change is available on the MSRB’s
Web site at https://www.msrb.org/Rulesand-Interpretations/SEC-Filings/2010Filings.aspx, at the MSRB’s principal
office, 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
MSRB 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
BILLING CODE 8011–01–P
1 15
6 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00131
Fmt 4703
2 17
Sfmt 4703
70329
E:\FR\FM\17NON1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
17NON1
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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices
may be examined at the places specified
in Item IV below. The MSRB 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 purposes of the proposed rule
change are: (i) To provide that the same
procedures that the MSRB uses to
engage in rulemaking for brokers,
dealers, and municipal securities
dealers will also apply to rulemaking
concerning the activities of municipal
advisors described in Section
15B(e)(4)(i) and (ii) of the Act and (ii) to
provide a mechanism for the assessment
of reasonable fees to defray a portion of
the increased costs and expenses
associated with the operation and
administration of the Board attributable
to the Board’s regulation of municipal
advisors, just as such a mechanism
currently exists for assessments on
brokers, dealers, and municipal
securities dealers. Although the
proposed rule change establishes
procedures and mechanisms relating to
rulemaking and assessments, it does not
itself actually prescribe any rules for, or
impose fees or charges on, municipal
advisors. Such rules or assessments
would be adopted through separate
rulemaking proposals by the Board
pursuant to such procedures and
mechanisms.
2. Statutory Basis
The MSRB believes that the proposed
rule change is consistent with Section
15B(b)(2) of the Act, which provides
that:
mstockstill on DSKH9S0YB1PROD with NOTICES
The Board shall propose and adopt rules to
effect the purposes of this title with respect
to transactions in municipal securities
effected by brokers, dealers, and municipal
securities dealers and advice provided to or
on behalf of municipal entities or obligated
persons by brokers, dealers, municipal
securities dealers, and municipal advisors
with respect to municipal financial products,
the issuance of municipal securities, and
solicitations of municipal entities or
obligated persons undertaken by brokers,
dealers, municipal securities dealers, and
municipal advisors.
Section 15B(b)(2)(J) of the Act
provides that the rules of the MSRB
shall:
Provide that each municipal securities
broker, municipal securities dealer, and
municipal advisor shall pay to the Board
such reasonable fees and charges as may be
necessary or appropriate to defray the costs
VerDate Mar<15>2010
16:21 Nov 16, 2010
Jkt 223001
and expenses of operating and administering
the Board.
The proposed rule change is
consistent with Section 15B(b)(2) of the
Act, because it provides for the
procedures that the MSRB shall use to
engage in rulemaking provided for in
Section 15B(b)(2) of the Act and a
mechanism for the assessment of
reasonable fees to defray a portion of the
increased costs and expenses associated
with the operation and administration
of the Board attributable to the Board’s
regulation of municipal advisors.
Section 15B(b)(2)(L) of the Act requires
that rules adopted by the Board not impose
a regulatory burden on small municipal
advisors that is not necessary or appropriate
in the public interest and for the protection
of investors, municipal entities, and
obligated persons, provided that there is
robust protection of investors against fraud.
As noted above, the proposed rule
change only authorizes the MSRB to
engage in rulemaking concerning
municipal advisors and to impose fees
and charges on municipal advisors, in
both cases as contemplated by the Act.
The proposed rule change does not
actually prescribe rules for, or impose
fees or charges on, municipal advisors.
Accordingly, the proposed rule change
imposes no regulatory burden on small
advisors.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The MSRB does not believe that the
proposed rule change will impose any
burden on competition not necessary or
appropriate in furtherance of the
purposes of the Act, since it would
apply equally to all municipal advisors.
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.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The MSRB represented that the
proposed rule change qualifies for
immediate effectiveness pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(3) 4 thereunder, in that
those proposed amendments are
concerned solely with the
administration of the Board. 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
3 15
4 17
PO 00000
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(3).
Frm 00132
Fmt 4703
Sfmt 4703
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.5
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–MSRB–2010–13 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE,, Washington, DC
20549–1090.
All submissions should refer to File
Number SR–MSRB–2010–13. 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 Web site 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 such filing
also will be available for inspection and
copying at the principal office of the
MSRB. 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
5 See Section 19(b)(3)(C) of the Act, 15 U.S.C.
78s(b)(3)(C).
E:\FR\FM\17NON1.SGM
17NON1
Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices
Number SR–MSRB–2010–13 and should
be submitted on or before December 8,
2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–28982 Filed 11–16–10; 8:45 am]
BILLING CODE 8011–01–P
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63305; File No. SR–Phlx–
2010–153]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change To
Update and Streamline the Process for
Specialist Evaluations and Clarify the
Time Within Which SQTs and RSQTs
Begin To Electronically Quote After
Assignment
November 10, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (‘‘Act’’
or ‘‘Exchange Act’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that
on November 5, 2010, NASDAQ OMX
PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘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.
mstockstill on DSKH9S0YB1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing with the
Commission a proposal to amend Phlx
By-Law Article XI (Appeals) Section 11–
1; Phlx Rules 507 (Application for
Approval as an SQT or RSQT and
Assignment in Options), 508 (Allocation
Application), 510 (SQT and RSQT
Performance Evaluation), 511 (Specialist
Performance Evaluation), and 515
(Specialist Evaluations); and Phlx
Options Floor Procedure Advice
(‘‘OFPA’’) C–8 (Options Specialist
Evaluations) to update the specialist
evaluation process; ensure timely
electronic quotations by Streaming
Quote Traders and Remote Streaming
Quote Traders; ensure the ability of the
Exchange to control allocation transfers;
6 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
16:21 Nov 16, 2010
Jkt 223001
and consolidate and delete unnecessary
and obsolete rules and processes.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxphlx.cchwallstreet.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
In its filing with the Commission, the
self-regulatory organization 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 those 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 parts 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 By-Law Article XI
Section 11–1; Phlx Rules 507, 508, 510,
511, and 515; and OFPA C–8 to enhance
the ability to gauge specialist
performance in an ever-increasingly
competitive electronic trading
environment; ensure timely electronic
quotations by Streaming Quote Traders
and Remote Streaming Quote Traders;
ensure the ability of the Exchange to
control allocation transfers; and
consolidate and delete unnecessary and
obsolete rules and processes.
Background
After the merger of The NASDAQ
OMX Group, Inc. (‘‘NASDAQ OMX’’)
and the Philadelphia Stock Exchange,
Inc. (now NASDAQ OMX PHLX LLC),3
the Commission in May 2009 approved
a Phlx filing that, among other things,
transferred all relevant duties from the
Options Allocation, Evaluation and
Securities Committee (‘‘Allocation
Committee’’) to the Exchange staff and
established that the Exchange
administers Exchange Rules 500
3 See Securities Exchange Act Release Nos. 58179
(July 17, 2008), 73 FR 42874 (July 23, 2008) (SR–
Phlx–2008–31); and 58183 (July 17, 2008), 73 FR
42850 (July 23, 2008) (SR–NASDAQ–2008–035).
See also Securities Exchange Act Release No. 62783
(August 27, 2010), 75 FR 54204 (September 3, 2010)
(SR–Phlx–2010–104).
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
70331
through 599 (the ‘‘Allocation and
Assignment Rules’’).4
The Allocation and Assignment Rules
generally describe the process for:
Application for becoming and
appointment of specialists; allocation of
classes of options to specialist units and
individual specialists; 5 application for
becoming and approval of Streaming
Quote Traders (‘‘SQTs’’) 6 and Remote
Streaming Quote Traders (‘‘RQTs’’) 7
(together the ‘‘Streaming Quote
Traders’’) 8 and assignment of options to
them; and performance evaluations for
specialist units and Streaming Quote
Traders. The Allocation and Assignment
Rules also indicate, among other things,
under what circumstances new
specialist allocations and Streaming
Quote Trader assignments may not be
made.9
Specialist Evaluations
Rule 511 and Rule 515 deal with
specialist evaluations and certain
allocation procedures. Currently, Rule
511 indicates, among other things, that
specialist performance evaluations
standards and procedures may be used
in respect of Exchange decisions
regarding allocating new options
classes; reallocating options classes for
substandard performance; determining
whether a specialist that has been
transferred an options class is
performing adequately; and determining
whether a staff reorganization or
material change with respect to a
specialist unit has affected the ability of
the unit to continue to perform
4 See Securities Exchange Act Release No. 59924
(May 14, 2009), 74 FR 23759 (May 20, 2009) (SR–
Phlx–2009–23) (approval order.) See also Rule 500.
5 A specialist unit may have one or more
individual specialists. See proposed Supplementary
Material .05 to Rule 511.
6 An SQT is a Registered Options Trader (‘‘ROT’’)
who has received permission from the Exchange to
generate and submit option quotations
electronically in options to which such SQT is
assigned. An SQT may only submit such quotations
while such SQT is physically present on the floor
of the Exchange. See Rule 1014(b)(ii)(A).
7 An RSQT is an ROT that is a member or member
organization with no physical trading floor
presence who has received permission from the
Exchange to generate and submit option quotations
electronically in options to which such RSQT has
been assigned. An RSQT may only submit such
quotations electronically from off the floor of the
Exchange. See Rule 1014(b)(ii)(B).
8 Streaming Quote Traders also include Directed
SQTs (‘‘DSQTs’’) and Directed RSQTs (‘‘DRSQTs’’),
which are SQTs and RSQTs that receive a Directed
Order. Exchange Rule 1080(l)(i)(A) defines Directed
Order.
9 See, for example, Supplementary Material .01 to
Rule 506 (specialist may not apply for a new
allocation for a period of six months after an option
allocation was taken away from the specialist in a
disciplinary proceeding or an involuntary
reallocation proceeding). See also Commentary .02
to Rule 507 (establishing the Maximum Number of
Quoters in assigned equity options).
E:\FR\FM\17NON1.SGM
17NON1
Agencies
[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70329-70331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28982]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63307; File No. SR-MSRB-2010-13]
Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of Amendments to
Rule A-7, on Assessments, and Rule A-8, on Rulemaking Procedures
November 12, 2010.
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 November 1, 2010, the Municipal Securities Rulemaking Board
(``Board'' or ``MSRB''), filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the MSRB. The MSRB has designated the proposed rule change as concerned
solely with the administration of the Board pursuant to Section
19(b)(3)(A)(iii) of the Act, and Rule 19b-4(f)(3) thereunder, which
renders the proposal effective upon filing with the Commission. 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 MSRB is filing a proposed rule change consisting of amendments
to Rule A-7, on assessments, and Rule A-8, on rulemaking procedures, to
apply existing MSRB mechanisms and procedures for establishing
assessments and undertaking rulemaking in connection with municipal
advisors. The proposed rule change would apply to municipal advisors
effective immediately. The text of the proposed rule change is
available on the MSRB's Web site at https://www.msrb.org/Rules-and-Interpretations/SEC-Filings/2010-Filings.aspx, at the MSRB's principal
office, 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 MSRB 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
[[Page 70330]]
may be examined at the places specified in Item IV below. The MSRB 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 purposes of the proposed rule change are: (i) To provide that
the same procedures that the MSRB uses to engage in rulemaking for
brokers, dealers, and municipal securities dealers will also apply to
rulemaking concerning the activities of municipal advisors described in
Section 15B(e)(4)(i) and (ii) of the Act and (ii) to provide a
mechanism for the assessment of reasonable fees to defray a portion of
the increased costs and expenses associated with the operation and
administration of the Board attributable to the Board's regulation of
municipal advisors, just as such a mechanism currently exists for
assessments on brokers, dealers, and municipal securities dealers.
Although the proposed rule change establishes procedures and mechanisms
relating to rulemaking and assessments, it does not itself actually
prescribe any rules for, or impose fees or charges on, municipal
advisors. Such rules or assessments would be adopted through separate
rulemaking proposals by the Board pursuant to such procedures and
mechanisms.
2. Statutory Basis
The MSRB believes that the proposed rule change is consistent with
Section 15B(b)(2) of the Act, which provides that:
The Board shall propose and adopt rules to effect the purposes
of this title with respect to transactions in municipal securities
effected by brokers, dealers, and municipal securities dealers and
advice provided to or on behalf of municipal entities or obligated
persons by brokers, dealers, municipal securities dealers, and
municipal advisors with respect to municipal financial products, the
issuance of municipal securities, and solicitations of municipal
entities or obligated persons undertaken by brokers, dealers,
municipal securities dealers, and municipal advisors.
Section 15B(b)(2)(J) of the Act provides that the rules of the MSRB
shall:
Provide that each municipal securities broker, municipal
securities dealer, and municipal advisor shall pay to the Board such
reasonable fees and charges as may be necessary or appropriate to
defray the costs and expenses of operating and administering the
Board.
The proposed rule change is consistent with Section 15B(b)(2) of
the Act, because it provides for the procedures that the MSRB shall use
to engage in rulemaking provided for in Section 15B(b)(2) of the Act
and a mechanism for the assessment of reasonable fees to defray a
portion of the increased costs and expenses associated with the
operation and administration of the Board attributable to the Board's
regulation of municipal advisors.
Section 15B(b)(2)(L) of the Act requires that rules adopted by
the Board not impose a regulatory burden on small municipal advisors
that is not necessary or appropriate in the public interest and for
the protection of investors, municipal entities, and obligated
persons, provided that there is robust protection of investors
against fraud.
As noted above, the proposed rule change only authorizes the MSRB
to engage in rulemaking concerning municipal advisors and to impose
fees and charges on municipal advisors, in both cases as contemplated
by the Act. The proposed rule change does not actually prescribe rules
for, or impose fees or charges on, municipal advisors. Accordingly, the
proposed rule change imposes no regulatory burden on small advisors.
B. Self-Regulatory Organization's Statement on Burden on Competition
The MSRB does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act, since it would apply equally to all
municipal advisors.
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.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The MSRB represented that the proposed rule change qualifies for
immediate effectiveness pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(3) \4\ thereunder, in that those proposed
amendments are concerned solely with the administration of the Board.
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.\5\
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(3).
\5\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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-MSRB-2010-13 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE,,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-MSRB-2010-13. 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 Web site 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 such filing also will be available for
inspection and copying at the principal office of the MSRB. 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
[[Page 70331]]
Number SR-MSRB-2010-13 and should be submitted on or before December 8,
2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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\6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28982 Filed 11-16-10; 8:45 am]
BILLING CODE 8011-01-P