Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Membership Application, 3689-3691 [2015-01066]
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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
that the Penny Pilot Program has
contributed to an increase in quotation
message traffic from the options
markets.30 In approving the extension
and expansion of the Penny Pilot
Program in 2009, the Commission
relied, in part, on the Exchange’s
representation that it would continue to
use quote mitigation strategies that
would continue to mitigate quotation
traffic sent to OPRA.31
As noted above, the Exchange
believes that its quote mitigation
strategy is no longer necessary because:
(1) The Exchange has incorporated
select provisions of the OLPP in
Exchange Rule 6.4A, which the
Exchange believes limits the number of
series eligible to be listed; (2) current
Exchange Rule 6.37B Commentary .01
removes certain options series from
market makers’ continuous quoting
obligations, which the Exchange
believes reduces the number of quote
messages that the Exchange sends to
OPRA; and (3) both the Exchange’s
systems capacity and OPRA’s systems
capacity are more than sufficient to
accommodate any additional increase in
quote traffic that might be sent to OPRA
as a result of the deletion of the quote
mitigation strategy.32 Do commenters
believe that reliance on the Exchange’s
current rules and the existing systems
capacity of the Exchange and OPRA are
sufficient or insufficient means to
mitigate quote message traffic from the
Exchange to OPRA? Please explain.
2. What are commenters’ views on the
impact, if any, that might result from the
Exchange’s proposal to remove its
current quote mitigation plan as
provided in Commentary .03 to
Exchange Rule 6.86? For example, what
are commenters’ views on the impact
30 See Securities and Exchange Release No. 60711
(September 23, 2009), 74 FR 49419, 49422
(September 28, 2009) (Order Granting Partial
Accelerated Approval of a Proposed Rule Change,
as Modified by Amendment Nos. 1 and 3 thereto,
Amending NYSE Arca Rule 6.72 and Expanding the
Penny Pilot Program).
31 See id. The Commission stated: ‘‘While the
Commission anticipates that NYSE Arca’s proposed
expansion of the Pilot Program will contribute to
further increases in quotation message traffic, the
Commission believes that NYSE Arca’s proposal is
sufficiently limited such that it is unlikely to
increase quotation message traffic beyond the
capacity of market participants’ systems and disrupt
the timely receipt of quote information. NYSE Arca
has proposed to roll out the additional 300 classes
over time, in groups of 75 classes each quarter
beginning on October 26, 2009. The Commission
further notes that a June 2, 2009 sustained message
traffic peak of 852,350 messages per second
reported by OPRA is still well below OPRA’s
current messages per second capacity limit of
2,050,000. Moreover, NYSE Arca has adopted and
will continue to utilize quote mitigation strategies
that should continue to mitigate the expected
increase in quotation traffic.’’ Id.
32 See supra notes 13–18 and accompanying text.
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the Exchange’s proposal would have, if
any, on OPRA’s system capacity? Please
explain. Or, what are commenters’
views on the impact the Exchange’s
proposal would have on market
participants using OPRA and/or the
Exchange’s quotation message feeds?
Please explain.
Comments may be submitted by any
of the following methods:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.33
Brent J. Fields,
Secretary.
Electronic Comments
[Release No. 34–74078; File No. SR–
NASDAQ–2015–004]
• 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 Number SR–
NYSEArca–2014–117 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2014–117. 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
filings 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 Number SR–
NYSEArca–2014–117 and should be
submitted on or before February 13,
2015. Rebuttal comments should be
submitted by February 27, 2015.
PO 00000
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[FR Doc. 2015–01108 Filed 1–22–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Membership Application
January 16, 2015.
Pursuant to Section 19(b)(1) of the
Securities Act of 1934 (‘‘Act’’),1 and
Rule 19b–4 thereunder,2 notice is
hereby given that on January 5, 2015,
The NASDAQ Stock Market LLC
(‘‘NASDAQ’’ 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 NASDAQ. 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
NASDAQ proposes to amend Rule
1013 titled ‘‘New Member Application’’
to include an expedited application
process for firms that are already
approved members of NASDAQ OMX
PHLX LLC (‘‘PHLX’’).
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
www.nasdaq.cchwallstreet.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change. 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,
33 17
CFR 200.30–3(a)(57).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\23JAN1.SGM
23JAN1
3690
Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices
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
tkelley on DSK3SPTVN1PROD with NOTICES
1. Purpose
The purpose of the proposed rule
change is to amend NASDAQ Rule
1013(a)(5), entitled Applicants That Are
Members of an Association or Another
Exchange, to permit an expedited
review for new member applications
seeking NASDAQ membership provided
those applicants are approved members
of PHLX.
Specifically, Exchange Rule
1013(a)(5)(C) currently permits the
Exchange to accept applicants that
gained membership at Financial
Industry Regulatory Authority
(‘‘FINRA’’) or NASDAQ OMX BX, Inc.
(‘‘BX’’) when considering a NASDAQ
new member application. Applicants
who are approved members of FINRA or
BX are eligible for an abbreviated waivein application eliminating the
submission and review of duplicative
supplemental material that has already
been submitted and reviewed in
connection with a FINRA or BX new
member application.
At this time, the Exchange proposes to
extend the abbreviated application
process already in place for approved
FINRA and/or BX members to PHLX
members. The Exchange notes that the
PHLX qualifications are the same as
those applicable to NASDAQ
membership requirements. PHLX
approved members seeking NASDAQ
membership will be required to submit
a fully executed Waive-In Membership
Application and Membership
Agreement but will not be required to
submit any duplicative documentation
that was previously provided as part of
the PHLX application. These PHLX
members would still be required to
provide additional information if there
has been a material change in status
from its [sic] original application with
PHLX. Applicants will be required to
attest that the information provided as
part of previously conducted new
membership review remains complete
and accurate.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 3 in general, and furthers the
objectives of Section 6(b)(5) of the Act 4
in particular, in that it is designed to
prevent fraudulent and manipulative
3 15
4 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
VerDate Sep<11>2014
18:05 Jan 22, 2015
Jkt 235001
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, 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.
Today, the NASDAQ Membership
Department performs similar functions
when reviewing new member
applications for NASDAQ, BX and
PHLX.5 The Membership Department
reviews: Applicant business plans,
clearing arrangements, FOCUS reports,
organizational charts, and written
supervisory procedures for applicants
desiring membership in any of the
aforementioned markets. These
membership requirements include, but
are not limited to, review of registration
as a Broker Dealer with the Commission,
a net capital review, qualification of
associated persons and examining
written supervisory procedures. The
same material is considered for each
new member review conducted by
FINRA on behalf of NASDAQ.
NASDAQ believes that this proposed
amendment is consistent with its
current practices today when reviewing
applications for members of BX and
FINRA. NASDAQ proposes this rule
change to harmonize its affiliated
exchanges’ rules to provide applicants
similar application procedures on its
markets. The PHLX new member review
is consistent with the NASDAQ new
member review. NASDAQ believes that
applicants that are members of PHLX
are eligible for the waive-in process
when seeking membership on NASDAQ
similar to BX and FINRA members.
NASDAQ believes that the proposed
rule change would eliminate the
duplicate review for prospective
NASDAQ applicants that were approved
for membership by PHLX. The waive-in
process will promote efficiency with
respect to the Exchange’s membership
review process and reduce the burden
on applicants that have already been
approved for membership on PHLX by
reducing the duplicative information
and documentation required to be
provided to the Exchange. As a result,
Exchange staff will be able to focus its
regulatory efforts on reviewing any
material changes or new information
that may affect the applicant’s eligibility
for Exchange membership.
5 Today, FINRA conducts the new member
application reviews for NASDAQ and BX pursuant
to a 17d–2 agreement and Regulatory Services
Agreement. These application reviews are
administered by FINRA and subject to NASDAQ’s
final review and decision.
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
This proposed rule change does not
affect the protection of investors as
NASDAQ will maintain the vigorous
membership review that is conducted
today when reviewing PHLX members
applications.
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
proposed waive-in process for approved
PHLX members will not impose any
burden on competition, but rather it will
remove unnecessary burdens that
currently exist for PHLX member
applicants seeking NASDAQ
membership. The proposal will
eliminate the redundant review process
for PHLX members that currently does
not exist for FINRA and BX members
applying to become NASDAQ members.
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.6 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
6 15
E:\FR\FM\23JAN1.SGM
U.S.C. 78s(b)(3)(A)(ii).
23JAN1
Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2015–004 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549.
All submissions should refer to File
Number SR–NASDAQ–2015–004. 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 Number SR–
NASDAQ–2015–004 and should be
submitted on or before February 13,
2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Brent J. Fields,
Secretary.
[FR Doc. 2015–01066 Filed 1–22–15; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74084; File No. SR–ICC–
2015–002]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Filing of
Proposed Rule Change To Revise the
ICC Treasury Operations Policies and
Procedures
January 16, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
notice is hereby given that on January 6,
2015, ICE Clear Credit LLC (‘‘ICC’’) 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 ICC.
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 purpose of the proposed rule
change is to revise the ICC Treasury
Policies and Procedures to provide for
the use of a Federal Reserve Account, to
provide for the use of a committed repo
facility, and to provide for engagement
of outside investment managers to
invest guaranty fund and margin cash
pursuant to ICC’s USD and Euro
investment guidelines. These revisions
do not require any changes to the ICC
Clearing Rules.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, ICC
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. ICC has prepared
summaries, set forth in sections A, B
and C below, of the most significant
aspects of these statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The proposed revisions to ICC’s
Treasury Operations Policies and
Procedures are intended to provide for
1 15
7 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:05 Jan 22, 2015
2 17
Jkt 235001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00145
Fmt 4703
3691
the use of a Federal Reserve Account, to
provide for the use of a committed repo
facility, and to provide for USD and
Euro investment guidelines for use by
outside investment managers.
ICC believes such revisions will
facilitate the prompt and accurate
clearance and settlement of securities
transactions and derivative agreements,
contracts, and transactions for which it
is responsible. The proposed revisions
are described in detail as follows.
ICC has revised its Treasury
Operations Policies and Procedures to
demonstrate how ICC would utilize a
Federal Reserve Account for cash and
collateral management. ICC has applied
for a Federal Reserve Account to hold
both USD cash and US Treasuries. In its
application, ICC requested separate
accounts for house origin funds and
customer origin funds. Should ICC be
approved for a single account origin,
ICC will utilize the Federal Reserve
Accounts to hold house collateral, and
customer collateral will continue to be
held in commercial banks. Should ICC
be approved for an additional account
origin, ICC will utilize the second origin
to hold customer collateral at the
Federal Reserve. With respect to the
potential utilization of a Federal Reserve
cash Account, ICC plans to use this
account as a depository account, in
which cash will be consolidated on a
daily basis and held overnight. ICC will
continue using its commercial bank
accounts for Clearing Participant money
movements, and the net excess/deficit
will be deposited to/withdrawn from
the Federal Reserve cash Account as
necessary. With respect to potential
utilization of a Federal Reserve
securities Account, ICC would use this
account as a custody account to hold US
Treasuries deposited by Clearing
Participants with ICC’s commercial
banks.
Additionally, ICC has revised its
Treasury Operations Policies and
Procedures to provide for use of a
committed repurchase (‘‘repo’’) facility.
ICC has established a committed repo
facility that will allow ICC to consider
US Treasury securities deposited at ICC
as an additional qualifying liquidity
resource.3 The facility can be used to
convert US Treasuries into cash when
the sale of pledged securities needed for
liquidity cannot be settled on a timely
or same-day basis. Specifically, the
facility can be used to generate
temporary liquidity through the sale and
agreement to repurchase securities
pledged by ICC Clearing Participants to
satisfy their Initial Margin and Guaranty
3 As defined under Commodity Futures Trading
Commission Regulation 39.33(c).
Sfmt 4703
E:\FR\FM\23JAN1.SGM
23JAN1
Agencies
[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3689-3691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01066]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74078; File No. SR-NASDAQ-2015-004]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Membership Application
January 16, 2015.
Pursuant to Section 19(b)(1) of the Securities Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 5, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' 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 NASDAQ.
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
NASDAQ proposes to amend Rule 1013 titled ``New Member
Application'' to include an expedited application process for firms
that are already approved members of NASDAQ OMX PHLX LLC (``PHLX'').
The text of the proposed rule change is available on the Exchange's
Web site at https://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change. 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,
[[Page 3690]]
of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for,the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to amend NASDAQ Rule
1013(a)(5), entitled Applicants That Are Members of an Association or
Another Exchange, to permit an expedited review for new member
applications seeking NASDAQ membership provided those applicants are
approved members of PHLX.
Specifically, Exchange Rule 1013(a)(5)(C) currently permits the
Exchange to accept applicants that gained membership at Financial
Industry Regulatory Authority (``FINRA'') or NASDAQ OMX BX, Inc.
(``BX'') when considering a NASDAQ new member application. Applicants
who are approved members of FINRA or BX are eligible for an abbreviated
waive-in application eliminating the submission and review of
duplicative supplemental material that has already been submitted and
reviewed in connection with a FINRA or BX new member application.
At this time, the Exchange proposes to extend the abbreviated
application process already in place for approved FINRA and/or BX
members to PHLX members. The Exchange notes that the PHLX
qualifications are the same as those applicable to NASDAQ membership
requirements. PHLX approved members seeking NASDAQ membership will be
required to submit a fully executed Waive-In Membership Application and
Membership Agreement but will not be required to submit any duplicative
documentation that was previously provided as part of the PHLX
application. These PHLX members would still be required to provide
additional information if there has been a material change in status
from its [sic] original application with PHLX. Applicants will be
required to attest that the information provided as part of previously
conducted new membership review remains complete and accurate.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \3\ in general, and furthers the objectives of Section
6(b)(5) of the Act \4\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, 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.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Today, the NASDAQ Membership Department performs similar functions
when reviewing new member applications for NASDAQ, BX and PHLX.\5\ The
Membership Department reviews: Applicant business plans, clearing
arrangements, FOCUS reports, organizational charts, and written
supervisory procedures for applicants desiring membership in any of the
aforementioned markets. These membership requirements include, but are
not limited to, review of registration as a Broker Dealer with the
Commission, a net capital review, qualification of associated persons
and examining written supervisory procedures. The same material is
considered for each new member review conducted by FINRA on behalf of
NASDAQ.
---------------------------------------------------------------------------
\5\ Today, FINRA conducts the new member application reviews for
NASDAQ and BX pursuant to a 17d-2 agreement and Regulatory Services
Agreement. These application reviews are administered by FINRA and
subject to NASDAQ's final review and decision.
---------------------------------------------------------------------------
NASDAQ believes that this proposed amendment is consistent with its
current practices today when reviewing applications for members of BX
and FINRA. NASDAQ proposes this rule change to harmonize its affiliated
exchanges' rules to provide applicants similar application procedures
on its markets. The PHLX new member review is consistent with the
NASDAQ new member review. NASDAQ believes that applicants that are
members of PHLX are eligible for the waive-in process when seeking
membership on NASDAQ similar to BX and FINRA members.
NASDAQ believes that the proposed rule change would eliminate the
duplicate review for prospective NASDAQ applicants that were approved
for membership by PHLX. The waive-in process will promote efficiency
with respect to the Exchange's membership review process and reduce the
burden on applicants that have already been approved for membership on
PHLX by reducing the duplicative information and documentation required
to be provided to the Exchange. As a result, Exchange staff will be
able to focus its regulatory efforts on reviewing any material changes
or new information that may affect the applicant's eligibility for
Exchange membership.
This proposed rule change does not affect the protection of
investors as NASDAQ will maintain the vigorous membership review that
is conducted today when reviewing PHLX members applications.
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 proposed waive-in process
for approved PHLX members will not impose any burden on competition,
but rather it will remove unnecessary burdens that currently exist for
PHLX member applicants seeking NASDAQ membership. The proposal will
eliminate the redundant review process for PHLX members that currently
does not exist for FINRA and BX members applying to become NASDAQ
members.
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.\6\ 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.
---------------------------------------------------------------------------
\6\ 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
[[Page 3691]]
Send an email to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2015-004 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549.
All submissions should refer to File Number SR-NASDAQ-2015-004. 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 Number SR-NASDAQ-2015-004 and should
be submitted on or before February 13, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-01066 Filed 1-22-15; 8:45 am]
BILLING CODE 8011-01-P