Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NASDAQ OMX BX, Inc. Relating to Member Application, 21790-21792 [2015-08940]
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21790
Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
not influenced by considerations about
the sale of fund shares.
Based on information filed with the
Commission by funds, Commission staff
estimates that there are approximately
7837 mutual fund portfolios that have at
least one share class subject to a rule
12b–1 plan.1 However, many of these
portfolios are part of an affiliated group
of funds, or mutual fund family, that is
overseen by a common board of
directors. Although the board must
review and approve the rule 12b–1 plan
for each fund separately, we have
allocated the costs and hourly burden
related to rule 12b–1 based on the
number of fund families that have at
least one fund that charges rule 12b–1
fees, rather than on the total number of
mutual fund portfolios that individually
have a rule 12b–1 plan.2 Based on
information filed with the Commission,
the staff estimates that there are
approximately 330 fund families with
common boards of directors that have at
least one fund with a rule 12b–1 plan.
Based on previous conversations with
fund representatives, Commission staff
estimates that for each of the 330 mutual
fund families with a portfolio that has
a rule 12b–1 plan, the average annual
burden of complying with the rule is
425 hours. This estimate takes into
account the time needed to prepare
quarterly reports to the board of
directors, the board’s consideration of
those reports, and the board’s initial or
annual consideration of whether to
continue the plan.3 We therefore
estimate that the total hourly burden per
year for all funds to comply with
current information collection
requirements under rule 12b–1, is
140,250 hours (330 fund families × 425
hours per fund family = 140,250 hours).
If a currently operating fund seeks to
(i) adopt a new rule 12b–1 plan or (ii)
materially increase the amount it spends
for distribution under its rule 12b–1
1 This estimate is based on information from the
Commission’s NSAR database.
2 This allocation is based on previous
conversations with fund representatives on how
fund boards comply with the requirements of rule
12b–1. Despite this allocation of hourly burdens
and costs, the number of annual responses each
year will continue to depend on the number of fund
portfolios with rule 12b–1 plans rather than the
number of fund families with rule 12b–1 plans. The
staff estimates that the number of annual responses
per fund portfolio will be four per year (quarterly,
with the annual reviews taking place at one of the
quarterly intervals). Thus, we estimate that funds
will make 31,348 responses (7837 fund portfolios ×
4 responses per fund portfolio = 31,348 responses)
each year.
3 We do not estimate any costs or time burden
related to the recordkeeping requirements in rule
12b–1, as funds are either required to maintain
these records pursuant to other rules or would keep
these records in any case as a matter of business
practice.
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17:56 Apr 17, 2015
Jkt 235001
plan, rule 12b–1 requires that the fund
obtain shareholder approval. As a
consequence, the fund will incur the
cost of a proxy.4 Based on previous
conversations with fund representatives,
Commission staff estimates that
approximately three funds per year
prepare a proxy in connection with the
adoption or material amendment of a
rule 12b–1 plan. Funds typically hire
outside legal counsel and proxy
solicitation firms to prepare, print, and
mail such proxies. The staff further
estimates that the cost of each fund’s
proxy is $34,372. Thus the total annual
cost burden of rule 12b–1 to the fund
industry is $103,116 (3 funds requiring
a proxy × $34,372 per proxy).
The estimate of average burden hours
is made solely for the purposes of the
Paperwork Reduction Act, and is not
derived from a comprehensive or even
a representative survey or study of the
costs of Commission rules and forms.
The collections of information
required by Rule 12b–1 are necessary to
obtain the benefits of the rule. Notices
to the Commission will not be kept
confidential. An agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a
currently valid control number.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(b) the accuracy of the Commission’s
estimate of the burden of the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE.,
Washington, DC 20549; or send an email
to: PRA_Mailbox@sec.gov.
4 In general, a fund adopts a rule 12b–1 plan
before it begins operations. Therefore, the fund is
not required to obtain the approval of its public
shareholders because the fund’s shares have not yet
been offered to the public.
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Dated: April 15, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–08992 Filed 4–17–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74724; File No. SR–BX–
2015–017]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NASDAQ
OMX BX, Inc. Relating to Member
Application
April 14, 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 April 8,
2015, NASDAQ OMX BX, Inc. (‘‘BX’’ 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
BX 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://
nasdaqomxbx.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 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
1 15
2 17
E:\FR\FM\20APN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
20APN1
Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices
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
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
The purpose of the proposed rule
change is to amend BX 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 BX
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 The NASDAQ Stock
Market LLC (‘‘NASDAQ’’) when
considering a BX new member
application. Applicants who are
approved members of FINRA or
NASDAQ 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 NASDAQ
new member application.
At this time, the Exchange proposes to
extend the abbreviated application
process already in place for approved
FINRA and/or NASDAQ members to
PHLX members. The Exchange notes
that the PHLX qualifications are the
same as those applicable to BX
membership requirements. PHLX
approved members seeking BX
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 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.
The Exchange also proposes to amend
language in section (C) of this rule to
further harmonize the application with
the current NASDAQ application by
updating the title of the BX membership
application from ‘‘Short Form’’ to
‘‘Waive-in’’ and deleting unnecessary
language that does not appear in the
corresponding NASDAQ rule. The
application is attached as Exhibit 3.
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17:56 Apr 17, 2015
Jkt 235001
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.
Today, the BX Membership
Department performs similar functions
when reviewing new member
applications for BX, NASDAQ 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 BX.
This proposed amendment is
consistent with its current practices
today when reviewing applications for
members of NASDAQ and FINRA. BX
proposes this rule change to harmonize
its affiliated exchanges’ rules to provide
applicants similar application
procedures for each of its markets. The
PHLX new member review process is
consistent with the BX new member
review process. Applicants that are
members of PHLX should be eligible for
the waive-in process when seeking
membership on BX similar to current
waive-in opportunities available today
for NASDAQ and FINRA members.
The proposed rule change would
eliminate the duplicate review for
prospective BX applicants that were
approved for membership by PHLX. The
waive-in process will promote
efficiency with respect to the
3 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
5 Today, FINRA conducts the new member
application reviews for NASDAQ and BX pursuant
to a 17d–2 and Regulatory Services Agreement.
These application reviews are administered by
FINRA and subject to BX’s final review and
decision. PHLX maintains a separate new member
application review that is conducted by NASDAQ
and not FINRA.
4 15
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Fmt 4703
Sfmt 4703
21791
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 for these members. 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 BX
will maintain the vigorous membership
review that is conducted today when
reviewing PHLX member 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 BX membership. The
proposal will eliminate the redundant
review process for PHLX members that
currently does not exist for FINRA and
NASDAQ members applying to become
BX 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
Because the foregoing proposed rule
change does not significantly affect the
protection of investors or the public
interest; does not impose any significant
burden on competition; and by its terms
does not become operative for 30 days
from the date on which it was filed, or
such shorter time as the Commission
may designate, it has become effective
pursuant to section 19(b)(3)(A) 6 of the
Act and Rule 19b–4(f)(6) thereunder.7
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
6 15
7 17
E:\FR\FM\20APN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
20APN1
21792
Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices
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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Brent J. Fields,
Secretary.
IV. Solicitation of Comments
BILLING CODE 8011–01–P
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 Number SR–
BX–2015–017 on the subject line.
mstockstill on DSK4VPTVN1PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BX–2015–017. 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–BX–
2015–017 and should be submitted on
or before May 11, 2015.
VerDate Sep<11>2014
17:56 Apr 17, 2015
Jkt 235001
[FR Doc. 2015–08940 Filed 4–17–15; 8:45 am]
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #14259 and #14260];
[RHODE ISLAND Disaster #RI–00013]
Administrative Declaration of a
Disaster for the State of Rhode Island
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
This is a notice of an
Administrative declaration of a disaster
for the State of Rhode Island dated 04/
06/2015.
Incident: Condo Fire.
Incident Period: 03/11/2015.
DATES: Effective: 04/06/2015.
Physical Loan Application Deadline
Date: 06/05/2015.
Economic Injury (EIDL) Loan
Application Deadline Date: 01/06/2016.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed at the address listed above or other
locally announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Kent.
Contiguous Counties:
Rhode Island: Bristol, Providence,
Washington.
Connecticut: New London, Windham.
The Interest Rates are:
SUMMARY:
For Physical Damage:
Homeowners With Credit Available Elsewhere ........................
Homeowners
Without
Credit
Available Elsewhere ................
Businesses With Credit Available
Elsewhere ................................
8 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00089
Fmt 4703
Sfmt 4703
Percent
Businesses Without Credit Available Elsewhere ........................
Non-Profit Organizations With
Credit Available Elsewhere .....
Non-Profit Organizations Without
Credit Available Elsewhere .....
For Economic Injury:
Businesses & Small Agricultural
Cooperatives Without Credit
Available Elsewhere ................
Non-Profit Organizations Without
Credit Available Elsewhere .....
4.000
2.625
2.625
4.000
2.625
The number assigned to this disaster
for physical damage is 14259 5 and for
economic injury is 14260 0.
The States which received an EIDL
Declaration # are Rhode Island,
Connecticut.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Dated: April 6, 2015.
Maria Contreras-Sweet,
Administrator.
[FR Doc. 2015–08968 Filed 4–17–15; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
April 17, 2015 [Disaster Declaration #14266
and #14267]
New York Disaster #NY–00158
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
This is a notice of an
Administrative declaration of a disaster
for the State of New York dated 04/09/
2015.
Incident: Apartment Building Fire.
Incident Period: 03/06/2015.
Effective Date: 04/09/2015.
Physical Loan Application Deadline
Date: 06/08/2015.
Economic Injury (EIDL) Loan
Application Deadline Date: 01/11/2016.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Percent Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
3.625 Administrator’s disaster declaration,
applications for disaster loans may be
1.813 filed at the address listed above or other
locally announced locations.
The following areas have been
6.000
determined to be adversely affected by
the disaster:
SUMMARY:
E:\FR\FM\20APN1.SGM
20APN1
Agencies
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21790-21792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08940]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74724; File No. SR-BX-2015-017]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX BX, Inc. Relating
to Member Application
April 14, 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 April 8, 2015, NASDAQ OMX BX, Inc. (``BX'' 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.
---------------------------------------------------------------------------
\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
BX 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://nasdaqomxbx.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 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
[[Page 21791]]
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 BX 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 BX 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 The NASDAQ Stock Market
LLC (``NASDAQ'') when considering a BX new member application.
Applicants who are approved members of FINRA or NASDAQ 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 NASDAQ new member
application.
At this time, the Exchange proposes to extend the abbreviated
application process already in place for approved FINRA and/or NASDAQ
members to PHLX members. The Exchange notes that the PHLX
qualifications are the same as those applicable to BX membership
requirements. PHLX approved members seeking BX 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 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.
The Exchange also proposes to amend language in section (C) of this
rule to further harmonize the application with the current NASDAQ
application by updating the title of the BX membership application from
``Short Form'' to ``Waive-in'' and deleting unnecessary language that
does not appear in the corresponding NASDAQ rule. The application is
attached as Exhibit 3.
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 BX Membership Department performs similar functions when
reviewing new member applications for BX, NASDAQ 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
BX.
---------------------------------------------------------------------------
\5\ Today, FINRA conducts the new member application reviews for
NASDAQ and BX pursuant to a 17d-2 and Regulatory Services Agreement.
These application reviews are administered by FINRA and subject to
BX's final review and decision. PHLX maintains a separate new member
application review that is conducted by NASDAQ and not FINRA.
---------------------------------------------------------------------------
This proposed amendment is consistent with its current practices
today when reviewing applications for members of NASDAQ and FINRA. BX
proposes this rule change to harmonize its affiliated exchanges' rules
to provide applicants similar application procedures for each of its
markets. The PHLX new member review process is consistent with the BX
new member review process. Applicants that are members of PHLX should
be eligible for the waive-in process when seeking membership on BX
similar to current waive-in opportunities available today for NASDAQ
and FINRA members.
The proposed rule change would eliminate the duplicate review for
prospective BX 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 for these members. 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 BX will maintain the vigorous membership review that is
conducted today when reviewing PHLX member 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 BX membership. The proposal will
eliminate the redundant review process for PHLX members that currently
does not exist for FINRA and NASDAQ members applying to become BX
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
Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest; does not
impose any significant burden on competition; and by its terms does not
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to section 19(b)(3)(A) \6\ of the Act and Rule 19b-
4(f)(6) thereunder.\7\
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\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6).
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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
[[Page 21792]]
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
Send an email to rule-comments@sec.gov. Please include
File Number SR-BX-2015-017 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 20549-1090.
All submissions should refer to File Number SR-BX-2015-017. 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-BX-2015-017 and should be
submitted on or before May 11, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-08940 Filed 4-17-15; 8:45 am]
BILLING CODE 8011-01-P