Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Permit Fees and Other Floor Fees, 33873-33876 [2013-13275]
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–13286 Filed 6–4–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69672; File No. SR–Phlx–
2013–58]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Permit Fees and Other Floor Fees
May 30, 2013.
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 21,
2013 NASDAQ OMX 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
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Permit Fee and certain Options Trading
Floor Fees, including a technical
amendment to the Pricing Schedule.
While changes to the Pricing
Schedule pursuant to this proposal are
effective upon filing, the Exchange has
designated the proposed amendment to
be operative on June 3, 2013.
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, on
the Commission’s Web site at https://
www.sec.gov, and at the Commission’s
Public Reference Room.
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II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to increase the Permit Fee in
Section VI, entitled ‘‘Membership Fees’’
at Part A entitled ‘‘Permit and
Registration Fees’’ of the Pricing
Schedule to recoup costs associated
with the administration of the
Exchange’s members. The Exchange also
proposes to amend Section VII entitled
‘‘Other Member Fees’’ at Part A entitled
‘‘Options Trading Floor Fees’’ of the
Pricing Schedule to eliminate the
Trading/Administrative Booths Fee and
the Specialist Post Fee and increase the
Floor Facility Fees. The Exchange
believes that the increases are necessary
to keep pace with escalating technology
costs, costs of certain floor-related
charges due to a rise in occupancy
expenses and rising overhead costs
associated with maintaining the trading
floor.
The Exchange also proposes to make
a technical amendment to the Pricing
Schedule to eliminate certain
unnecessary text in Chapter VI, Part A.
Permit Fee
The Exchange assesses two different
Permit Fees based on whether a member
or member organization is transacting
business on the Exchange. The
Exchange assesses members and
member organizations that are
transacting business on the Exchange a
Permit Fee of $2,100 per month. A
member or member organization will be
assessed the $2,100 monthly Permit Fee
if that member or member organization:
(1) Transacts its option orders in its
assigned Phlx house account in a
particular month; or (2) is a clearing
member of The Options Clearing
Corporation or a Floor Broker; or (3) for
those member organizations which are
under common ownership, transacts at
least one options trade in a Phlx house
account that is assigned to one of the
member organizations under common
ownership.3 The Exchange assesses
members and member organizations that
are not transacting business on the
14 17
1 15
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3 Common ownership means 75% common
ownership or control.
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33873
Exchange a Permit Fee of $7,500 per
month. A member or member
organization is assessed the $7,500
Permit Fee for not transacting business
on the Exchange if that member is
either: (i) not a PSX Only Participant; 4
or (ii) not engaged in an options
business at Phlx in a particular month.
In addition, a member or member
organization that sponsors an options
participant 5 would pay an additional
Permit Fee for each sponsored options
participant.
The Exchange is proposing to increase
the $2,100 Permit Fee for members
transacting business on the Exchange to
$2,150 per month. The Exchange is
seeking to recoup costs incurred from
the membership administration
function. The Exchange is not amending
the Permit Fee for members who are not
transacting business on the Exchange.
The Exchange proposes to make
corresponding amendments to Section
VI, Part A where the permit fee is
referenced.
Other Member Fees
The Exchange proposes to eliminate
the Trading/Administrative Booths fee
of $300 per month fee paid by floor
brokers and clearing firms 6 and the
Specialist Post Fee of $3,000 per month
paid by Specialist units. The Trading/
Administrative Booth space is physical
space on the Exchange’s trading floor,
which space typically is used by floor
brokers. The Specialist Post is physical
space on the Exchange’s trading floor
which is used by Specialist units. The
Exchange proposes to amend the Floor
Facility fee to cover the costs of
operating the trading floor.
The Exchange proposes to increase
the Floor Facility fee from $300 to $330
per month. Today, the Floor Facility fee
is applicable to Registered Options
4 Applicants that apply for membership solely to
participate in the NASDAQ OMX PSX equities
market are not assessed a Permit Fee, Application
Fee, Initiation Fee, or Account Fee. See Securities
Exchange Act Release No. 61863 (April 7, 2010), 75
FR 20021 (April 16, 2010) (SR–Phlx–2010–54).
5 See Exchange Rule 1094 titled Sponsored
Participants. A Sponsored Participant may obtain
authorized access to the Exchange only if such
access is authorized in advance by one or more
Sponsoring Member Organizations. Sponsored
Participants must enter into and maintain
participant agreements with one or more
Sponsoring Member Organizations establishing a
proper relationship(s) and account(s) through
which the Sponsored Participant may trade on the
Exchange.
6 Today, any floor participant may elect to obtain
a booth on the Exchange’s trading floor.
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices
implemented the waiver for the time
period from April 24, 2013 to May 13,
2013.13 At this time, the Exchange
proposes to remove this text from the
Pricing Schedule as it is unnecessary.
Technical Amendment
The Exchange proposes to amend
certain unnecessary language in Chapter
VI, Section A that was recently added to
the Pricing Schedule to provide a
temporary waiver of the Application
and Initiation Fees for current Remote
Streaming Quote Trader
Organizations.12 The Exchange
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Traders,7 individual Specialists 8 and
SQTs.9 The Floor Facility fee was
intended to fairly allocate costs
attendant to providing members with
services necessary to the conduct of
business on the floor of the Exchange.
The Exchange proposes to assess the
proposed increased Floor Facility fee to
Clerks,10 excluding Inactive
Nominees,11 and Floor Brokers in
addition to ROTs (including SQTs) and
individual Specialists. The Exchange
proposes to increase this fee to offset the
increased costs of operating a trading
floor facility and the elimination of the
Trading/Administrative Booths fee and
the Specialist Post fee.
Permit Fee
The Exchange believes that the
proposed increase to the Permit Fee for
members transacting business on the
Exchange is reasonable because the
Exchange is seeking to recoup costs
related to membership administration.
The proposed fee is in the range of
similar fees at other exchanges and less
than other fees.16 In addition, the
Exchange believes that the Permit Fee is
equitable and not unfairly
discriminatory, because unlike other
exchanges, Phlx’s Permit Fees are the
same for every options permit holder
that is conducting business at the
Exchange. The Exchange also believes
that the increased fee is equitable and
not unfairly discriminatory because the
Permit Fee for not transacting business
on the Exchange remains substantially
higher as is the case today.
7 A Registered Options Trader (‘‘ROT’’) includes
a Streaming Quote Trader (‘‘SQT’’), a Remote
Streaming Quote Trader (‘‘RSQT’’) and a Non-SQT,
which by definition is neither a SQT or a RSQT.
An ROT is defined in Exchange Rule 1014(b) as a
regular member of the Exchange located on the
trading floor who has received permission from the
Exchange to trade in options for his own account.
See Exchange Rule 1014(b)(i) and (ii).
8 A Specialist is an Exchange member who is
registered as an options specialist pursuant to Rule
1020(a). Each individual Specialist is assessed this
fee and the Specialist unit is assessed the Specialist
Post Fee of $3,000 per month. In the instance that
an individual Specialist is also an SQT, that
member will only pay a $300 Floor Facility Fee per
month; that Specialist would not be assessed the fee
for each capacity. See Securities Exchange Act
Release No. 66086 (January 3, 2012), 77 FR 1111
(January 9, 2012).
9 An SQT is defined in Exchange Rule
1014(b)(ii)(A) as an ROT who has received
permission from the Exchange to generate and
submit option quotations electronically in options
to which such SQT is assigned. If a ROT or SQT
also determined to acquire a Trading/
Administrative Booth, they would also be assessed
that fee as well.
10 Pursuant to Exchange Rule 1090, the term
‘‘Clerk’’ means any registered on-floor person
employed by or associated with a member or
member organization who is not a member and is
not eligible to effect transactions on the Options
Floor as a Specialist, ROT, or Floor Broker. For
purposes of this Rule, an Inactive Nominee shall be
deemed a Clerk. See Rule 1090.
11 Pursuant to Exchange Rule 925, a member
organization may designate an individual as an
‘‘Inactive Nominee.’’ To be eligible to be an inactive
nominee an individual must be approved as eligible
to hold a permit in accordance with the Exchange’s
By-Laws and Rules. An inactive nominee has no
rights and privileges of a permit holder until the
inactive nominee becomes an effective permit
holder and all applicable Exchange fees are paid.
See Exchange Rule 925. The Inactive Nominee
would be assessed the fee for the 6 months during
which the Inactive Nominee maintains its status
with the Exchange.
12 See Securities Exchange Act Release No. 69500
(May 2, 2013), 78 FR 26841 (May 8, 2013).
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2. Statutory Basis
The Exchange believes that its
proposal to amend its Pricing Schedule
is consistent with Section 6(b) of the
Act 14 in general, and furthers the
objectives of Section 6(b)(4) of the Act 15
in particular, in that it provides for an
equitable allocation of reasonable fees
and other charges among Exchange
members and other persons using its
facilities.
Other Member Fees
The Exchange believes that it is
reasonable to eliminate the Trading/
Administrative Booths fee and
Specialist Post fee because the Exchange
13 Id.
14 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
16 See the Chicago Board Options Exchange,
Incorporated’s Fees Schedule. Per month a Market
Maker Trading Permit is $5,500, a SPX Tier
Appointment is $3,000, a VIX Tier Appointment if
$2,000, a Floor Broker Trading Permit is $9,000, an
Electronic Access Permit is $1,600 and there is no
access fee for a CBSX Trading Permit. See also the
International Securities Exchange LLC’s Schedule
of Fees. Per month an Electronic Access Member is
assessed $500.00 for membership and a market
maker is assessed from $2,000 to $4,000 per
membership depending on the type of market
maker. See also C2 Options Exchange,
Incorporated’s Fees Schedule. Per month, a marketmaker is assessed a $5,000 permit fee, an Electronic
Access Permit is assessed a $1,000 permit fee and
a SPXM Tier appointment is assessed a $4,000 fee
after March 31, 2013. See also NYSE Arca, Inc.’s
Fee Schedule. Per month, a Floor Broker, Office and
Clearing Firm are assessed a $1,000 per month fee
for the first Options Trading Permit (‘‘OTP’’) and
$250 thereafter, and a market maker is assessed a
$4,000 per month fee for one to four OTPs and
$1,000 thereafter.
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believes those fees no longer adequately
cover the costs of operating the trading
floor. In addition, the Exchange is
seeking to encourage members and
member organization to utilize and
expand use of the space available on its
trading floor. The Exchange believes
that it is equitable and not unfairly
discriminatory to eliminate the Trading/
Administrative Booths fee and
Specialist Post fee because no market
participant would be assessed these
fees.
The Exchange believes that increasing
the Floor Facility fee is reasonable
because the fee offsets the increased
costs of operating a trading floor facility.
The increases are necessary to keep pace
with technology costs, costs of certain
floor-related charges due to a rise in
occupancy expenses and rising
overhead costs associated with
maintaining the trading floor. Further,
the proposed modifications to the Floor
Facility fee, coupled with the
elimination of the Trading/
Administrative Booths fee and the
Specialist Post fee better recoups the
costs of operating a trading floor.
The Exchange believes that increasing
the Floor Facility Fee is equitable and
not unfairly discriminatory because the
fee will be applied uniformly to all
members and their respective staff, who
operate routinely from the floor of the
Exchange. The Exchange believes this
fee is indicative of the costs attributable
to these categories of floor participants
and therefore the fee is being equitable
assessed and is not unfairly
discriminatory.
The Exchange believes that it is
equitable and not unfairly
discriminatory to assess Clerks the Floor
Facility Fee in addition to the other
market participants as discussed above.
Clerks are registered on-floor personnel
that utilize the Exchange’s services and
are responsible for the rise in
technology and other overheard costs.
Inactive Nominees are considered a
Clerk, but also pay additional fees
associated with being an Inactive
Nominee 17 and do not routinely utilize
17 Inactive Nominees are assessed an Inactive
Nominee Fee of $600 for 6 months of eligibility.
The member organization is assessed $100 per
month for the applicable six month period unless
the member organization provides proper notice of
its intent to terminate an inactive nominee prior to
the first day of the next billing month. An inactive
nominee’s status expires after six months unless it
has been reaffirmed in writing by the member
organization or is sooner terminated. A member
organization is assessed the Inactive Nominee Fee
every time the status is reaffirmed. An inactive
nominee is also assessed Application and Initiation
Fees when such person applies to be an inactive
nominee. Such fees are reassessed if there is a lapse
in their inactive nominee status. However, an
inactive nominee would not be assessed
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices
the floor in the manner as other Clerks
supporting member’s day-to-day
operations. The Exchange today assesses
floor brokers the Trading/
Administrative Booths fee, this fee of
$300 per month is being eliminated and
instead floor brokers would pay the
$330 per month proposed Floor Facility
fee. While this results in an increased
cost of $300 per month for Floor
Brokers, the Exchange believes that the
fee is equitable and not unfairly
discriminatory because as mentioned
above, floor brokers utilize the facilities
of the Exchange as do Clerks,
individuals Specialists and ROTs. In
addition, the Exchange anticipates that
most floor brokers will experience an
overall reduction in costs due to the
elimination of the Trading/
Administrative Booths fee. The
Exchange’s proposal to distribute the
cost to each of these market participants
applies the fee to the recipients who
consume the services offered at the
Exchange to conduct trading on the
floor. The elimination of the Specialist
Post fee will result in the elimination of
a $3,000 per month charge for Specialist
units. The individual Specialists are
assessed the Floor Facility fee today and
would experience the increase of $30
per month.
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Technical Amendment
The Exchange’s proposal to remove
text in Chapter VI, Section A related to
a waiver of the Application and
Initiation Fees for current RSQTOs for
the time period from April 24, 2013 to
May 13, 2013 is reasonable, equitable
and not unfairly discriminatory because
the rule text is unnecessary and
inapplicable to any market participant
at this time.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
The Exchange is proposing to increase
the Permit Fees which are applicable to
members and member organizations
transacting business on the Exchange.
The increase is attributable to a rise in
costs at the Exchange and is assessed to
those members and member
organizations that are currently
transacting business on Phlx. The
increase narrows the gap between
Application and Initiation Fees if such inactive
nominee applied for membership without any lapse
in that individual’s association with a particular
member organization. An Inactive Nominee is also
assessed the Trading Floor Personnel Registration
Fee.
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permit holders transacting business on
the Exchange and those members that
are not transacting business on the
Exchange. This fee does not impose an
undue burden on competition.
The Exchange’s proposal to eliminate
the Trading/Administrative Booths Fee
because those booths no longer exist
does not impose an undue burden on
competition because the Exchange
would not assess this fee to any market
participant. Increasing the Floor Facility
Fees and allocating that fee to Clerks
and Floor Brokers does not create an
undue burden on competition because
the Exchange is allocating its costs
among those market participants that
benefit from the Exchange’s services.
The Exchange is also eliminating the
Trading/Administrative Booths Fee that
is borne today by floor brokers and
clearing firms.
The Exchange operates in a highly
competitive market, comprised of
eleven exchanges, in which market
participants can easily and readily
direct order flow to competing venues if
they deem fee levels at a particular
venue to be excessive. Accordingly, the
fees that are assessed by the Exchange
described in the above proposal are
influenced by these robust market forces
and therefore must remain competitive
with fees charged by other venues and
therefore must continue to be reasonable
and equitably allocated to those
members that opt to direct orders to the
Exchange rather than competing venues.
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
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.18 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.
18 15
PO 00000
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 email to rulecomments@sec.gov. Please include File
No. SR–Phlx–2013–58 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 No.
SR–Phlx–2013–58. This file number
should be included on the subject line
if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (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
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File No. SR–Phlx–2013–
58 and should be submitted on or before
June 26, 2013.
U.S.C. 78s(b)(3)(A)(ii).
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33876
Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–13275 Filed 6–4–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69666; File No. SR–DTC–
2013–04]
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing of Proposed Rule Change in
Connection With the Modifications to
Receiver Authorized Delivery and
Reclaim Processing Value Limits by
Transaction
May 30, 2013.
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 17,
2013, The Depository Trust Company
(‘‘DTC’’) 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 primarily by DTC.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The proposed rule change modifies
DTC’s Rules & Procedures (‘‘Rules’’), as
described below, with respect to
Receiver Authorized Delivery (‘‘RAD’’)
and reclaim transactions, to: (i) Lower
limits against which valued Deliver
Orders (‘‘DO’’) and Payment Orders
(‘‘PO’’) will be required to be accepted
for receipt (i.e., ‘‘matched’’ for
settlement), (ii) lower limits for same
day reclaim transactions, and (iii) revise
the process for RAD matching of stock
loans and returns, each as more fully
described below.3
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19 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 A Deliver Order is a book-entry movement of a
particular security between two DTC participants.
A Payment Order is a method for settling funds
amounts related to transactions and payments not
associated with a Deliver Order. The defined term
‘‘DO’’ as used in this proposed rule change filing
includes all valued Deliver Orders except for
Deliver Orders of: (i) Money Market Instruments
and (ii) Institutional Deliveries affirmed through
Omgeo, both of which are not impacted by the
proposed Rule change.
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II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission,
DTC 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. DTC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.4
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
(i) By this filing, DTC seeks to modify
the RAD functionality as more fully
described below to reduce the intraday
uncertainty that may arise from reclaim
transactions and any potential credit
and liquidity risk from such reclaims.
All valued DOs and POs valued in
amounts above $15 million and $1
million, respectively, are subject to the
RAD process, which allows receivers to
review and reject transactions that they
do not recognize prior to processing for
delivery. In contrast, lower value DOs
and POs do not require the receiver’s
acceptance prior to processing in
accordance with DTC’s Rules; instead,
such transactions may be returned by
the receiver in a reclaim transaction, if
the receiver does not recognize the DO
or PO. While both the reclaim and RAD
functionalities allow receiving DTC
participants (‘‘Participants’’) to exercise
control over which transactions to
accept, reclaims tend to create
uncertainty because transactions can be
returned late in the day, when the
original deliverer may have limited
options to respond. Because such
reclaims are permitted without regard to
risk management controls, the
Participant that initiated the original
delivery versus payment may then incur
a greater settlement obligation,
increasing credit and liquidity risk to
that Participant and to the Corporation.5
For these reasons, DTC states that presettlement matching through RAD is a
4 The Commission has modified the text of the
summaries prepared by DTC.
5 DTC’s risk management controls, including
Collateral Monitor and Net Debit Cap (as defined in
DTC Rule 1), are designed so that DTC can effect
system-wide settlement notwithstanding the failure
to settle of its largest Participant or affiliated family
of Participants. Net Debit Cap limits the net debit
balance a Participant can incur so that the unpaid
settlement obligation of the Participant, if any,
cannot exceed DTC liquidity resources. The
Collateral Monitor tests that a receiver has adequate
collateral to secure the amount of its net debit
balance so that DTC may borrow funds to cover that
amount for system-wide settlement if the
Participant defaults.
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preferable approach, without the
uncertainty and credit and liquidity
implications of reclaims. Under this
proposal, DTC will change RAD to
require Participants to match all
settlement-related transactions valued
greater than $7.5 million for valued DOs
and $500,000 for POs, prior to
processing. Matched transactions will
be processed through DTC subject to
risk management controls.6
Concurrently, the value of reclaims that
may bypass risk management controls
will be reduced to $7.5 million for
valued DOs and $500,000 for POs.
DTC is also proposing a further
revision to RAD for stock loan and stock
loan return transactions. Currently,
Participants may set bilateral and global
limits for transactions subject to RAD
which allow transactions with
settlement values that are greater than
DTC’s default limits, but less than the
Participant’s defined bilateral and/or
global limits, to be passively approved.7
Any established limits apply to all
transactions with the applicable
counterparties (on either a bilateral or
global basis) for all transaction types
subject to RAD. However, stock loan
transactions (and stock loan returns) are
often different from ordinary buys and
sells, because stock loans are often
agreed upon on a same-day basis (as
opposed to T+3 settlement of purchases
and sales). Taking this difference into
account, in addition to the revisions
described above, the proposed Rule
changes will allow receiving
Participants to establish bilateral and
global RAD limits for stock loans and
stock loan returns that are different from
other transaction types.8
The DTC Settlement Services Guide
will be revised to reflect the changes
discussed above.
The effective date of the proposed
rule change will be announced via a
DTC Important Notice.
(ii) Section 17A(b)(3)(F) of the Act
requires that the rules of the clearing
agency be designed, inter alia, to
6 Each reclaim of a matched transaction that is
attempted will be processed as an original
instruction and be subject to risk management
controls and receiver approval (the original
deliverer) via RAD.
7 A bilateral limit established by a Participant
applies to transactions from a specified deliverer. A
global limit established by a Participant is applied
to all valued DOs and POs to the Participant not
otherwise subject to a bilateral limit. Transactions
passively approved under such limits may not be
reclaimed.
8 The use of a stock lending and return profile
will be voluntary and, absent a profile, the
Participant’s transactions will be subject to RAD as
applicable to ordinary DOs, including the
established DTC limits as well as Participant
established bilateral and global limits as described
above.
E:\FR\FM\05JNN1.SGM
05JNN1
Agencies
[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33873-33876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13275]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69672; File No. SR-Phlx-2013-58]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Permit Fees and Other Floor Fees
May 30, 2013.
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 21, 2013 NASDAQ OMX 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 the Permit Fee and certain Options
Trading Floor Fees, including a technical amendment to the Pricing
Schedule.
While changes to the Pricing Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated the proposed
amendment to be operative on June 3, 2013.
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, on the Commission's Web site at https://www.sec.gov, 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to increase the Permit
Fee in Section VI, entitled ``Membership Fees'' at Part A entitled
``Permit and Registration Fees'' of the Pricing Schedule to recoup
costs associated with the administration of the Exchange's members. The
Exchange also proposes to amend Section VII entitled ``Other Member
Fees'' at Part A entitled ``Options Trading Floor Fees'' of the Pricing
Schedule to eliminate the Trading/Administrative Booths Fee and the
Specialist Post Fee and increase the Floor Facility Fees. The Exchange
believes that the increases are necessary to keep pace with escalating
technology costs, costs of certain floor-related charges due to a rise
in occupancy expenses and rising overhead costs associated with
maintaining the trading floor.
The Exchange also proposes to make a technical amendment to the
Pricing Schedule to eliminate certain unnecessary text in Chapter VI,
Part A.
Permit Fee
The Exchange assesses two different Permit Fees based on whether a
member or member organization is transacting business on the Exchange.
The Exchange assesses members and member organizations that are
transacting business on the Exchange a Permit Fee of $2,100 per month.
A member or member organization will be assessed the $2,100 monthly
Permit Fee if that member or member organization: (1) Transacts its
option orders in its assigned Phlx house account in a particular month;
or (2) is a clearing member of The Options Clearing Corporation or a
Floor Broker; or (3) for those member organizations which are under
common ownership, transacts at least one options trade in a Phlx house
account that is assigned to one of the member organizations under
common ownership.\3\ The Exchange assesses members and member
organizations that are not transacting business on the Exchange a
Permit Fee of $7,500 per month. A member or member organization is
assessed the $7,500 Permit Fee for not transacting business on the
Exchange if that member is either: (i) not a PSX Only Participant; \4\
or (ii) not engaged in an options business at Phlx in a particular
month. In addition, a member or member organization that sponsors an
options participant \5\ would pay an additional Permit Fee for each
sponsored options participant.
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\3\ Common ownership means 75% common ownership or control.
\4\ Applicants that apply for membership solely to participate
in the NASDAQ OMX PSX equities market are not assessed a Permit Fee,
Application Fee, Initiation Fee, or Account Fee. See Securities
Exchange Act Release No. 61863 (April 7, 2010), 75 FR 20021 (April
16, 2010) (SR-Phlx-2010-54).
\5\ See Exchange Rule 1094 titled Sponsored Participants. A
Sponsored Participant may obtain authorized access to the Exchange
only if such access is authorized in advance by one or more
Sponsoring Member Organizations. Sponsored Participants must enter
into and maintain participant agreements with one or more Sponsoring
Member Organizations establishing a proper relationship(s) and
account(s) through which the Sponsored Participant may trade on the
Exchange.
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The Exchange is proposing to increase the $2,100 Permit Fee for
members transacting business on the Exchange to $2,150 per month. The
Exchange is seeking to recoup costs incurred from the membership
administration function. The Exchange is not amending the Permit Fee
for members who are not transacting business on the Exchange. The
Exchange proposes to make corresponding amendments to Section VI, Part
A where the permit fee is referenced.
Other Member Fees
The Exchange proposes to eliminate the Trading/Administrative
Booths fee of $300 per month fee paid by floor brokers and clearing
firms \6\ and the Specialist Post Fee of $3,000 per month paid by
Specialist units. The Trading/Administrative Booth space is physical
space on the Exchange's trading floor, which space typically is used by
floor brokers. The Specialist Post is physical space on the Exchange's
trading floor which is used by Specialist units. The Exchange proposes
to amend the Floor Facility fee to cover the costs of operating the
trading floor.
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\6\ Today, any floor participant may elect to obtain a booth on
the Exchange's trading floor.
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The Exchange proposes to increase the Floor Facility fee from $300
to $330 per month. Today, the Floor Facility fee is applicable to
Registered Options
[[Page 33874]]
Traders,\7\ individual Specialists \8\ and SQTs.\9\ The Floor Facility
fee was intended to fairly allocate costs attendant to providing
members with services necessary to the conduct of business on the floor
of the Exchange. The Exchange proposes to assess the proposed increased
Floor Facility fee to Clerks,\10\ excluding Inactive Nominees,\11\ and
Floor Brokers in addition to ROTs (including SQTs) and individual
Specialists. The Exchange proposes to increase this fee to offset the
increased costs of operating a trading floor facility and the
elimination of the Trading/Administrative Booths fee and the Specialist
Post fee.
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\7\ A Registered Options Trader (``ROT'') includes a Streaming
Quote Trader (``SQT''), a Remote Streaming Quote Trader (``RSQT'')
and a Non-SQT, which by definition is neither a SQT or a RSQT. An
ROT is defined in Exchange Rule 1014(b) as a regular member of the
Exchange located on the trading floor who has received permission
from the Exchange to trade in options for his own account. See
Exchange Rule 1014(b)(i) and (ii).
\8\ A Specialist is an Exchange member who is registered as an
options specialist pursuant to Rule 1020(a). Each individual
Specialist is assessed this fee and the Specialist unit is assessed
the Specialist Post Fee of $3,000 per month. In the instance that an
individual Specialist is also an SQT, that member will only pay a
$300 Floor Facility Fee per month; that Specialist would not be
assessed the fee for each capacity. See Securities Exchange Act
Release No. 66086 (January 3, 2012), 77 FR 1111 (January 9, 2012).
\9\ An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such SQT is
assigned. If a ROT or SQT also determined to acquire a Trading/
Administrative Booth, they would also be assessed that fee as well.
\10\ Pursuant to Exchange Rule 1090, the term ``Clerk'' means
any registered on-floor person employed by or associated with a
member or member organization who is not a member and is not
eligible to effect transactions on the Options Floor as a
Specialist, ROT, or Floor Broker. For purposes of this Rule, an
Inactive Nominee shall be deemed a Clerk. See Rule 1090.
\11\ Pursuant to Exchange Rule 925, a member organization may
designate an individual as an ``Inactive Nominee.'' To be eligible
to be an inactive nominee an individual must be approved as eligible
to hold a permit in accordance with the Exchange's By-Laws and
Rules. An inactive nominee has no rights and privileges of a permit
holder until the inactive nominee becomes an effective permit holder
and all applicable Exchange fees are paid. See Exchange Rule 925.
The Inactive Nominee would be assessed the fee for the 6 months
during which the Inactive Nominee maintains its status with the
Exchange.
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Technical Amendment
The Exchange proposes to amend certain unnecessary language in
Chapter VI, Section A that was recently added to the Pricing Schedule
to provide a temporary waiver of the Application and Initiation Fees
for current Remote Streaming Quote Trader Organizations.\12\ The
Exchange implemented the waiver for the time period from April 24, 2013
to May 13, 2013.\13\ At this time, the Exchange proposes to remove this
text from the Pricing Schedule as it is unnecessary.
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\12\ See Securities Exchange Act Release No. 69500 (May 2,
2013), 78 FR 26841 (May 8, 2013).
\13\ Id.
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2. Statutory Basis
The Exchange believes that its proposal to amend its Pricing
Schedule is consistent with Section 6(b) of the Act \14\ in general,
and furthers the objectives of Section 6(b)(4) of the Act \15\ in
particular, in that it provides for an equitable allocation of
reasonable fees and other charges among Exchange members and other
persons using its facilities.
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\14\ 15 U.S.C. 78f(b).
\15\ 15 U.S.C. 78f(b)(4).
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Permit Fee
The Exchange believes that the proposed increase to the Permit Fee
for members transacting business on the Exchange is reasonable because
the Exchange is seeking to recoup costs related to membership
administration. The proposed fee is in the range of similar fees at
other exchanges and less than other fees.\16\ In addition, the Exchange
believes that the Permit Fee is equitable and not unfairly
discriminatory, because unlike other exchanges, Phlx's Permit Fees are
the same for every options permit holder that is conducting business at
the Exchange. The Exchange also believes that the increased fee is
equitable and not unfairly discriminatory because the Permit Fee for
not transacting business on the Exchange remains substantially higher
as is the case today.
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\16\ See the Chicago Board Options Exchange, Incorporated's Fees
Schedule. Per month a Market Maker Trading Permit is $5,500, a SPX
Tier Appointment is $3,000, a VIX Tier Appointment if $2,000, a
Floor Broker Trading Permit is $9,000, an Electronic Access Permit
is $1,600 and there is no access fee for a CBSX Trading Permit. See
also the International Securities Exchange LLC's Schedule of Fees.
Per month an Electronic Access Member is assessed $500.00 for
membership and a market maker is assessed from $2,000 to $4,000 per
membership depending on the type of market maker. See also C2
Options Exchange, Incorporated's Fees Schedule. Per month, a market-
maker is assessed a $5,000 permit fee, an Electronic Access Permit
is assessed a $1,000 permit fee and a SPXM Tier appointment is
assessed a $4,000 fee after March 31, 2013. See also NYSE Arca,
Inc.'s Fee Schedule. Per month, a Floor Broker, Office and Clearing
Firm are assessed a $1,000 per month fee for the first Options
Trading Permit (``OTP'') and $250 thereafter, and a market maker is
assessed a $4,000 per month fee for one to four OTPs and $1,000
thereafter.
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Other Member Fees
The Exchange believes that it is reasonable to eliminate the
Trading/Administrative Booths fee and Specialist Post fee because the
Exchange believes those fees no longer adequately cover the costs of
operating the trading floor. In addition, the Exchange is seeking to
encourage members and member organization to utilize and expand use of
the space available on its trading floor. The Exchange believes that it
is equitable and not unfairly discriminatory to eliminate the Trading/
Administrative Booths fee and Specialist Post fee because no market
participant would be assessed these fees.
The Exchange believes that increasing the Floor Facility fee is
reasonable because the fee offsets the increased costs of operating a
trading floor facility. The increases are necessary to keep pace with
technology costs, costs of certain floor-related charges due to a rise
in occupancy expenses and rising overhead costs associated with
maintaining the trading floor. Further, the proposed modifications to
the Floor Facility fee, coupled with the elimination of the Trading/
Administrative Booths fee and the Specialist Post fee better recoups
the costs of operating a trading floor.
The Exchange believes that increasing the Floor Facility Fee is
equitable and not unfairly discriminatory because the fee will be
applied uniformly to all members and their respective staff, who
operate routinely from the floor of the Exchange. The Exchange believes
this fee is indicative of the costs attributable to these categories of
floor participants and therefore the fee is being equitable assessed
and is not unfairly discriminatory.
The Exchange believes that it is equitable and not unfairly
discriminatory to assess Clerks the Floor Facility Fee in addition to
the other market participants as discussed above. Clerks are registered
on-floor personnel that utilize the Exchange's services and are
responsible for the rise in technology and other overheard costs.
Inactive Nominees are considered a Clerk, but also pay additional fees
associated with being an Inactive Nominee \17\ and do not routinely
utilize
[[Page 33875]]
the floor in the manner as other Clerks supporting member's day-to-day
operations. The Exchange today assesses floor brokers the Trading/
Administrative Booths fee, this fee of $300 per month is being
eliminated and instead floor brokers would pay the $330 per month
proposed Floor Facility fee. While this results in an increased cost of
$300 per month for Floor Brokers, the Exchange believes that the fee is
equitable and not unfairly discriminatory because as mentioned above,
floor brokers utilize the facilities of the Exchange as do Clerks,
individuals Specialists and ROTs. In addition, the Exchange anticipates
that most floor brokers will experience an overall reduction in costs
due to the elimination of the Trading/Administrative Booths fee. The
Exchange's proposal to distribute the cost to each of these market
participants applies the fee to the recipients who consume the services
offered at the Exchange to conduct trading on the floor. The
elimination of the Specialist Post fee will result in the elimination
of a $3,000 per month charge for Specialist units. The individual
Specialists are assessed the Floor Facility fee today and would
experience the increase of $30 per month.
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\17\ Inactive Nominees are assessed an Inactive Nominee Fee of
$600 for 6 months of eligibility. The member organization is
assessed $100 per month for the applicable six month period unless
the member organization provides proper notice of its intent to
terminate an inactive nominee prior to the first day of the next
billing month. An inactive nominee's status expires after six months
unless it has been reaffirmed in writing by the member organization
or is sooner terminated. A member organization is assessed the
Inactive Nominee Fee every time the status is reaffirmed. An
inactive nominee is also assessed Application and Initiation Fees
when such person applies to be an inactive nominee. Such fees are
reassessed if there is a lapse in their inactive nominee status.
However, an inactive nominee would not be assessed Application and
Initiation Fees if such inactive nominee applied for membership
without any lapse in that individual's association with a particular
member organization. An Inactive Nominee is also assessed the
Trading Floor Personnel Registration Fee.
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Technical Amendment
The Exchange's proposal to remove text in Chapter VI, Section A
related to a waiver of the Application and Initiation Fees for current
RSQTOs for the time period from April 24, 2013 to May 13, 2013 is
reasonable, equitable and not unfairly discriminatory because the rule
text is unnecessary and inapplicable to any market participant at this
time.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
The Exchange is proposing to increase the Permit Fees which are
applicable to members and member organizations transacting business on
the Exchange. The increase is attributable to a rise in costs at the
Exchange and is assessed to those members and member organizations that
are currently transacting business on Phlx. The increase narrows the
gap between permit holders transacting business on the Exchange and
those members that are not transacting business on the Exchange. This
fee does not impose an undue burden on competition.
The Exchange's proposal to eliminate the Trading/Administrative
Booths Fee because those booths no longer exist does not impose an
undue burden on competition because the Exchange would not assess this
fee to any market participant. Increasing the Floor Facility Fees and
allocating that fee to Clerks and Floor Brokers does not create an
undue burden on competition because the Exchange is allocating its
costs among those market participants that benefit from the Exchange's
services. The Exchange is also eliminating the Trading/Administrative
Booths Fee that is borne today by floor brokers and clearing firms.
The Exchange operates in a highly competitive market, comprised of
eleven exchanges, in which market participants can easily and readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. Accordingly, the fees that are
assessed by the Exchange described in the above proposal are influenced
by these robust market forces and therefore must remain competitive
with fees charged by other venues and therefore must continue to be
reasonable and equitably allocated to those members that opt to direct
orders to the Exchange rather than competing venues.
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
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\18\ 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.
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\18\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------
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 email to rule-comments@sec.gov. Please include
File No. SR-Phlx-2013-58 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 No. SR-Phlx-2013-58. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (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
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Phlx-2013-58 and should be
submitted on or before June 26, 2013.
[[Page 33876]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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\19\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13275 Filed 6-4-13; 8:45 am]
BILLING CODE 8011-01-P