TITLE 17 - COMMODITY AND SECURITIES EXCHANGES

CHAPTER II - SECURITIES AND EXCHANGE COMMISSION

PART 200 - ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS

200.30 - 3 - Delegation of authority to Director of Division of Market Regulation.

Pursuant to the provisions of Pub. L. 87592, 76 Stat. 394, 15 U.S.C. 78d1, 78d2), the Securities and Exchange Commission hereby delegates, until the Commission orders otherwise, the following functions to the Director of the Division of Market Regulation to be performed by him or under his direction by such person or persons as may be designated from time to time by the Chairman of the Commission: (a) With respect to the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.): (1) To approve the withdrawal or striking from listing and registration of securities registered on any national securities exchange pursuant to section 12(d) of the Act (15 U.S.C. 78l(d)) and Rules 12d21 and 12d22 thereunder (240.12d21 and 240.12d22 of this chapter); (2) To extend unlisted trading privileges and to deny applications for unlisted trading privileges by national securities exchanges pursuant to section 12(f)(2) of the Act, 15 U.S.C. 78l(f)(2), and Rule 12f1 thereunder, 17 CFR 240.12f1, provided that any applicant exchange denied unlisted trading privileges is advised of its right to have such denial reviewed by the Commission.

  (3) Pursuant to section 15(b) of the Act (15 U.S.C. 78o(b)): (i) To authorize the issuance of orders granting registration of brokers or dealers within forty-five days of the filing of an application for registration as a broker or dealer (or within such longer period as to which the applicant consents); (ii) To authorize the issuance of orders canceling registrations of brokers or dealers, or pending applications for registration, if such brokers or dealers or applicants for registration are no longer in existence or have ceased to do business as brokers or dealers; (4) Pursuant to Rule 19h1 (240.19h1 of this chapter): (i) To grant applications with respect to membership in, association with a member of, or participation in, a self-regulatory organization and for other relief as to persons who are subject to an applicable disqualification where such relationships or other relief have been approved or recommended by a self-regulatory organization; (ii) To extend the time for Commission consideration of notices for admission to membership or participation in a self-regulatory organization or association with a member of persons subject to a statutory disqualification pursuant to paragraph (a)(7) of that rule.

  (5) Pursuant to Rule 17a5(1)(3) (240.17a5(1)(3) of this chapter), to consider applications, by brokers and dealers for exemptions from, and extension of time within which to file, reports required by Rule 17a5 (240.17a5 of this chapter), and to grant, and to authorize the issuance of orders denying, such applications provided such applicant is advised of his right to have such denial reviewed by the Commission.

  (6) Pursuant to Rules 14e4(c), 14e5(d), and 15c211(h) (240.14e4(c), 240.14e5(d), and 240.15c211(h) of this chapter), and Rules 101(d), 102(e), 104(j), and 105(c) of Regulation M (242.101(d), 242.102(e), 242.104(j), and 242.105(c) of this chapter), to grant requests for exemptions from Rules 14e4, 14e5, and 15c211 (240.14e4, 240.14e5, and 240.15c211 of this chapter), and Rules 101, 102, 104, and 105 of Regulation M (242.101, 242.102, 242.104, and 242.105 of this chapter).

  (7) Pursuant to Rule 15c31 (240.15c31 of this chapter): (i) To approve lesser equity requirements in specialist or market maker accounts pursuant to Rule 15c31(a)(6)(iii)(E) (240.15c31(a)(6)(iii)(E) of this chapter); (ii) To grant exemptions from Rule 15c31 (240.15c31 of this chapter) pursuant to Rule 15c31(b)(3) (240.15c31(b)(3) of this chapter); (iii) To grant temporary exemptions upon specified terms and conditions from the debt equity requirements of Rule 15c31(d)(240.15c31(d) of this chapter); (iv) To approve a change in election of the alternative capital requirement pursuant to Rule 15c31(f)(1) (i) and (ii) (240.15c31(f)(1) (i) and (ii) of this chapter); and (v) To review applications of OTC derivatives dealers filed pursuant to Appendix F of 240.15c31f of this chapter, and to grant or deny such applications in full or in part; and (vi)(A) To review amendments to applications of brokers or dealers filed pursuant to 240.15c31e and 240.15c31g of this chapter and to approve such amendments, unconditionally or subject to specified terms and conditions; (B) To grant extensions and exemptions from the notification requirements of 240.15c31g(e) of this chapter, unconditionally or subject to specified terms and conditions; (C) To impose additional conditions, pursuant to 240.15c31e(e) of this chapter, on a broker or dealer that computes certain of its net capital deductions pursuant to 240.15c31e of this chapter or on an ultimate holding company of the broker or dealer that is not an ultimate holding company that has a principal regulator, as defined in 240.15c31(c)(13)(ii) of this chapter; (D) To require that a broker or dealer or the ultimate holding company of the broker or dealer provide information to the Commission pursuant to 240.15c31e(a)(1)(viii)(G), 240.15c31e(a)(1)(ix)(C), 240.15c31e(a)(4), 240.15c31g(b)(1)(i)(H), and 240.15c31g(2)(i)(C) of this chapter; and (E) To determine, pursuant to 240.15c31e(a)(10)(ii), that the notice that a broker or dealer must provide to the Commission pursuant to 240.15c31e(a)(10)(i) of this chapter will become effective for a shorter or longer period of time.

  (8) Pursuant to Rule 17a10(d) (240.17a10(d) of this chapter), to consider applications by broker-dealers for extensions of time in which to file reports required by Rule 17a10(240.17a10 of this chapter), and to grant, and to authorize the issuance of orders denying, such applications provided such applicant is advised of his right to have such denial reviewed by the Commission. Any extension granted shall not be for more than 150 days after the close of the calendar year for which the report on Form X17A10 (249.618 of this chapter) is made.

  (9) Pursuant to Rule 10b17(b)(2) (240.10b17(b)(2) of this chapter), to review applications of various issuers for exemption from the notice requirements of Rule 10b17 (240.10b17 of this chapter) and to grant or deny such applications, with authority to issue orders granting and denying same, provided each applicant is advised of his right to have a denial reviewed by the Commission.

  (10)(i) Pursuant to Rule 15c33 (240.15c33 of this chapter) to find and designate as control locations for purposes of Rule 15c33(c)(7) (240.15c33(c)(7) of this chapter) certain broker-dealer accounts which are adequate for the protection of customer securities.

  (ii) Pursuant to section 36(a) of the Act (15 U.S.C. 78mm(a)) to review and, either unconditionally or on specified terms and conditions, grant or deny exemptions from the collateral requirements of paragraph (b)(3) of Rule 15c33 of the Act (240.15c33 of this chapter) for a type of collateral after concluding that the characteristics of such collateral are substantially comparable to the characteristics of a type of collateral previously exempted by the Commission.

  (iii) Pursuant to section 36(a) of the Act (15 U.S.C. 78mm(a)), to review and grant written applications for an exemption, unconditionally or subject to specified terms and conditions, for a broker or dealer to utilize a clearing agency registered with the Commission under section 17A of the Act (15 U.S.C. 78q1) or a derivatives clearing organization registered with the Commodity Futures Trading Commission under section 5b of the Commodity Exchange Act (7 U.S.C. 7a1) that does not meet the requirements of 17 CFR 240.15c33a, Note G.(b)(1)(i) through (iii).

  (11) [Reserved] (12) Pursuant to Rule 19b4 (240.19b4) of this chapter, to publish notices of proposed rule changes filed by self-regulatory organizations and to approve such proposed rule changes.

  (13) Pursuant to section 15B(a) of the Act [15 U.S.C. 78o4(a)], to authorize the issuance of orders granting registration of municipal securities dealers within forty-five days of the filing of an application for registration as a municipal securities dealer (or within such longer period as to which the applicant consents).

  (14) Pursuant to section 17A(c)(2) of the Act (15 U.S.C. 78q1(c)(2)), to authorize the issuance of orders accelerating registration of transfer agents for which the Commission is the appropriate regulatory agency before the expiration of thirty days following the dates on which applications for registration as a transfer agent are filed.

  (15) Pursuant to Rule 10a1(f) [240.10a1(f)] to grant requests for exemptions from Rule 10a1; (16) Pursuant to sections 17A(b)(1), 17A(b)(2) and 19(a) of the Act (15 U.S.C. 78q1(b)(1), 78q1(b)(2) and 78s(a)), to publish notice of the filing of applications for registration and for exemption from registration as a clearing agency.

  (17) Pursuant to Rule 17f2 (240.17f2 of this chapter).

  (i) To disapprove a Notice Pursuant to Rule 17f2 pursuant to Rule 17f2(e) (240.17f2(e) of this chapter).

  (ii) To grant exemptions upon specified terms, conditions and periods, for classes of persons subject to Rule 17f2 pursuant to Rule 17f2(g) (240.17f2(g) of this chapter).

  (iii) To approve amendments to plan of a registered national securities exchange or a national securities association submitted pursuant to Rule 17f2(c) (240.17f2(c) of this chapter).

  (18) Pursuant to Rule 17d1 (240.17d1 of this chapter) to designate one self-regulatory organization responsible for the examination of brokers and dealers which are members of more than one such organization to insure compliance with applicable financial responsibility rules.

  (19)(i) To grant and deny applications for confidential treatment filed pursuant to section 24(b) of the Act (15 U.S.C. 78x(b)) and Rule 24b2 thereunder (240.24b2 of this chapter); (ii) To revoke a grant of confidential treatment for any such application.

  (20) Pursuant to sections 8(c) and 15(c)(2) of the Act (15 U.S.C. 78h(c) and 78o(2)) and paragraphs (g) of Rules 8c1 and 15c21 thereunder, to make findings that the agreements, safeguards, and provisions of registered clearing agencies are adequate for the protection of investors.

  (21) Under section 17A(c)(4)(B) of the Act (15 U.S.C. 78q1(c)(4)(B)), to set terms and conditions upon which transfer agents registered with the Commission may withdraw from registration as a transfer agent by filing a written notice of withdrawal.

  (22) Under section 17A(c)(4)(B) of the Act (15 U.S.C. 78q1(c)(4)(B)), to authorize the issuance of orders canceling registrations of transfer agents registered with the Commission or denying applications for registration as a transfer agent with the Commission, if such transfer agents are no longer in existence or are not engaged in business as transfer agents.

  (23) Pursuant to section 17(b) of the Act (15 U.S.C. 78q(b)), prior to any examination of a registered clearing agency, registered transfer agent, or registered municipal securities dealer whose appropriate regulatory agency is not the Commission, to notify and consult with the appropriate regulatory agency for such clearing agency, transfer agent, or municipal securities dealer.

  (24) Pursuant to section 17(c)(3) of the Act, 15 U.S.C. 78q(c)(3), in regard to clearing agencies, transfer agents and municipal securities dealers for which the Commission is not the appropriate regulatory agency, (i) to notify the appropriate regulatory agency of any examination conducted by the Commission of any such clearing agency, transfer agent, or municipal securities dealer; (ii) to request from the appropriate regulatory agency a copy of the report of any examination of any such clearing agency, transfer agent, or municipal securities dealer conducted by such appropriate regulatory agency and any data supplied to it in connection with such examination; and (iii) to furnish to the appropriate regulatory agency on request a copy of the report of any examination of any such clearing agency, transfer agent, or municipal securities dealer conducted by the Commission and any data supplied to it in connection with such examination.

  (25) Pursuant to Rule 17f1 (240.17f1 of this chapter), to designate persons not subject to 240.17f1 as reporting institutions upon specified terms, conditions, and time periods.

  (26) [Reserved] (27) To approve amendments to the joint industry plan governing consolidated transaction reporting declared effective by the Commission pursuant to Rule 601 (17 CFR 242.601) or its predecessors, Rule 11Aa31 and Rule 17a15, and to grant exemptions from Rule 601 pursuant to Rule 601(f) (17 CFR 242.601(f)) to exchanges trading listed securities that are designated as national market system securities until such times as a Joint Reporting Plan for such securities is filed and approved by the Commission.

  (28) To grant exemptions from Rule 602 (17 CFR 242.602), pursuant to Rule 602(d) (17 CFR 242.602(d)).

  (29) To issue supplemental orders modifying the terms upon which self-regulatory organizations are authorized to act jointly in planning, developing, operating or regulating facilities of a national market system in accordance with the terms of amendments to plans which plans have been previously approved by the Commission under section 11A(a)(3)(B) of the Securities Exchange Act of 1934.

  (30) Pursuant to section 17(a) of the Act, 15 U.S.C. 78q, to approve amendments to the plans which are consistent with the reporting structure of Rules 17a5(a)(4) and 17a10(b) filed by self-regulatory organizations pursuant to Rules 17a5(a)(4) and 17a10(b).

  (31) Pursuant to section 19(b)(2) of the Act, 15 U.S.C. 78s(b)(2), to extend for a period not exceeding 90 days from the date of publication of notice of the filing of a proposed rule change pursuant to section 19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), the period during which the Commission must by order approve the proposed rule change or institute proceedings to determine whether the proposed rule change should be disapproved.

  (32) Under 240.10b10(f) of this chapter, to grant exemptions from 240.10b10 of this chapter.

  (33) Pursuant to Rule 17a6 (240.17a6 of this chapter) to approve record destruction plans and amendments thereto filed by a national securities exchange or a national securities association.

  (34) Pursuant to Rule 17d2 (240.17d2 of this chapter) to publish notice of plans and plan amendments filed pursuant to Rule 17d2 and to approve such plans and plan amendments.

  (35) Under 240.13e4(h)(8) of this chapter: (i) To grant exemptions from 240.13e4 of this chapter; and (ii) To determine with respect to a tender or exchange offer otherwise eligible to be made pursuant to rule 13e4(g) (240.13e4(g) of this chapter) whether, in light of any exemptive order granted by a Canadian federal, provincial or territorial regulatory authority, application of certain or all of the provisions of section 13(e)(1) and rule 13e4 and Schedule 13E4 thereunder to such offer is necessary or appropriate in the public interest.

  (36) To grant exemptions from Rule 603 (17 CFR 242.603), pursuant to Rule 603(d) (17 CFR 242.603(d)).

  (37) Pursuant to Rule 600 (17 CFR 242.600), to publish notice of the filing of a designation plan with respect to national market system securities, or any proposed amendment thereto, and to approve such plan or amendment.

  (38) To disclose: (i) To the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the state banking authorities, information and documents deemed confidential regarding registered clearing agencies and registered transfer agents; and (ii) To the Department of Treasury, information and documents deemed confidential regarding possible laundering of money through or by brokers or dealers, including compliance by brokers or dealers with the Currency and Foreign Transactions Reporting Act of 1970, as amended.

  (39) Under 240.9b1 of this chapter: (i) To enable distribution of an options disclosure document or amendment to an options disclosure document to the public prior to the time required in the Rule or to lengthen the period before distribution can be made; (ii) To require refiling of an amendment to an options disclosure document pursuant to the procedure set forth in 240.9b1(b)(2)(i) of this chapter.

  (40) Pursuant to section 15B(b)(2)(B) of the Act, 15 U.S.C., 78o4(b), to review and, where appropriate, approve the selection by the Municipal Securities Rulemaking Board (Board) of public representatives to serve on the Board.

  (41) Pursuant to Rule 6a2(c) (240.6a2 of this chapter) to exempt registered national securities exchanges from the filing requirements imposed by Rule 6a2 with respect to certain affiliates and subsidiaries of the exchange.

  (42) Under 17 CFR 242.608(e), to grant or deny exemptions from 17 CFR 242.608.

  (43) To grant or deny exemptions from Rule 17Ad14 (240.17Ad14 of this chapter), pursuant to Rule 17Ad14(d) (240.17Ad14(d) of this chapter).

(Pub. L. 87592, 76 Stat. 394, 15 U.S.C 78d1, 78d2).

  (44) To review, publish notice of, and where appropriate, approve plans, and amendments to plans, submitted by self-regulatory organizations pursuant to Rule 19d1(c) under the Act (240.19d1(c)).

  (45) To grant exemptions from Rule 3b9 under the Act. (240.3b9(c) of this chapter).

  (46) Pursuant to section 15(b)(9) of the Act, 15 U.S.C. 78o(b)(9) to review and, where appropriate, grant exemptions from the requirement of section 15(b)(8) of the Act, 15 U.S.C. 78o(b)(8).

  (47) Pursuant to section 15(a)(2) of the Act, 15 U.S.C. 78o(a)(2), to review and, either unconditionally or on specified terms and conditions, grant exemptions from the broker-dealer registration requirements of section 15(a)(1) of the Act, 15 U.S.C. 78o(a)(1), to government securities brokers or government securities dealers that have registered with the Commission under section 15(a)(2) of the Act, 15 U.S.C. 78o5(a)(2), solely with respect to effecting any transactions in, or inducing or attempting to induce the purchase or sale of, any security principally backed by a guaranty of the United States.

  (48) Pursuant to paragraph (d) of Rule 15c212 (17 CFR 15c212), to grant or deny exemptions, either unconditionally or on specified terms and conditions, from Rule 15c212.

  (49) Pursuant to section 11A(b) of the Act (15 U.S.C. 78k1(b)) and Rule 609 thereunder (17 CFR 242.609), to publish notice of and, by order, grant under section 11A(b) of the Act and Rule 609 thereunder: Applications for registration as a securities information processor; and exemptions from that section and any rules or regulations promulgated thereunder, either conditionally or unconditionally.

  (50) Pursuant to sections 17A(b) and 19(a) of the Act (15 U.S.C. 78q1(b) and 78s(a)): (i) To authorize the issuance of orders granting an extension to a temporary clearing agency registration, for up to two years or such longer period as the clearing agency consents.

  (ii) To authorize the issuance of orders granting the withdrawal of an application to become a registered clearing agency, at any time prior to final determination of such application by the Commission, upon submission of a request for such withdrawal by applicant.

  (51) Pursuant to paragraph (a)(4) of 240.9b1 of this chapter, to authorize the issuance of orders designating securities as standardized options.

  (52) Pursuant to Rules 17h1T and 17h2T of the Act (240.17h1T and 240.17h2T of this chapter): (i) To designate certain broker-dealers as Reporting Brokers or Dealers; or and (ii) To grant or deny an exemption, conditionally or unconditionally, to a broker or dealer pursuant to section 17(h) of the Act.

  (53) To administer the provisions of 240.24c-1 of this chapter; provided that access to nonpublic information as defined in such section shall be provided only with the concurrence of the head of the Commission division or office responsible for such information or the files containing such information.

  (54) To administer the provisions of Section 24(d) of the Act (15 U.S.C. 78x(d)).

  (55) Pursuant to 240.15c61 of this chapter, taking into account then existing market practices, to exempt contracts for the purchase or sale of any securities from the requirements of 240.15c61(a) of this chapter.

  (56) Pursuant to 270.17Ad16 of this chapter, to designate by order the appropriate qualified registered securities depository.

  (57) Pursuant to Section 19(b)(2)(B) of the Act, 15 U.S.C. 78s(b)(2)(B), to institute proceedings to determine whether a proposed rule change of a self-regulatory organization should be disapproved.

  (58) Pursuant to Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C), to abrogate a change in the rules of a self-regulatory organization and require that it be refiled in accordance with Section 19(b)(1), 15 U.S.C. 78s(b)(1), and reviewed in accordance with Section 19(b)(2), 15 U.S.C. 78s(b)(2), of the Act.

  (59) Pursuant to paragraph (e)(6)(iii) of Rule 19b4 (240.19b4 of this chapter), to reduce the period before which a proposed rule change can become operative, and to reduce the period between an SRO submission of a filing and a pre-filing notification.

  (60) To grant exemptions from Rule 17a23 (240.17a23 of this chapter), pursuant to Rule 17a23(i) (240.17a23(i) of this chapter).

  (61) To grant exemptions from Rule 604 (17 CFR 242.604), pursuant to Rule 604(c) (17 CFR 242.604(c)).

  (62) Pursuant to section 36 of the Act (15 U.S.C. 78mm) to review and, either unconditionally or on specified terms and conditions, grant or deny exemptions from section 11(d)(1) of the Act (15 U.S.C. 78k(d)(1)).

  (63) Pursuant to 240.15a1(b)(1) of this chapter, to issue orders identifying other permissible securities activities in which an OTC derivatives dealer may engage.

  (64) Pursuant to 240.15a1(b)(2) of this chapter, to issue orders determining that a class of fungible instruments that are standardized as to their material economic terms is within the scope of eligible OTC derivative instrument.

  (65) Pursuant to 240.17a12 of this chapter: (i) To authorize the issuance of orders requiring OTC derivatives dealers to file, pursuant to 240.17a12(a)(ii) of this chapter, monthly, or at such times as shall be specified, Part IIB of Form X17A5 (249.617 of this chapter) and such other financial and operational information as shall be specified.

  (ii) Pursuant to 240.17a12(n) of this chapter, to consider applications by OTC derivatives dealers for exemptions from, and extensions of time within which to file, reports required by 240.17a12 of this chapter, and to grant or deny such applications.

  (66) To issue orders under Rules 15b31(c)(4), 15b61(e), 15Ba22(e)(4), 15Bc31(e), 15Ca21(c)(4), and 15Cc11(d) (17 CFR 240.15b31(c)(4), 240.15b61(e), 240.15Ba22(e)(4), 240.15Bc31(e), 240.15Ca21(c)(4), and 240.15Cc11(d)).

  (67) Pursuant to Section 36(a) of the Act, 15 U.S.C. 78mm(a), to grant requests for exemptions from the tender offer provisions of Rule 14e1 of Regulation 14E (240.14e1 of this chapter).

  (68) Pursuant to Rule 605(b) (17 CFR 242.605(b)), to grant or deny exemptions, conditionally or unconditionally, from any provision or provisions of Rule 605 (17 CFR 242.605).

  (69) Pursuant to Rule 606(c) (17 CFR 242.606(c)), to grant or deny exemptions, conditionally or unconditionally, from any provision or provisions of Rule 606 (17 CFR 242.606).

  (70) Pursuant to Sections 15(a)(2) and 36 of the Act (15 U.S.C. 78o(a)(2) and 78mm), to review and, either unconditionally or on specified terms and conditions, to grant or deny exemptions to any bank, savings association, or savings bank from the broker-dealer registration requirements of Section 15(a)(1) of the Act (15 U.S.C. 78o(a)(1)) or any applicable provision of this Act (15 U.S.C. 78c et seq.) and the rules and regulations thereunder based solely on such bank's, savings association's, or savings bank's status as a broker or dealer.

  (71) Pursuant to section 6(a) of the Act, 15 U.S.C. 78f(a), and Rule 6a1 thereunder, 17 CFR 240.6a1: (i) To publish a notice of filing of an application for registration as a national securities exchange, or for exemption from registration based on limited volume; (ii) To publish amendments to an application for registration as a national securities exchange, or for exemption from registration based on limited volume; and (iii) To extend deadlines for submission of comments to an application for registration as a national securities exchange, or for exemption from registration based on limited volume; and amendments to an application for registration as a national securities exchange, or for exemption from registration based on limited volume.

  (72) Pursuant to section 36 of the Act (15 U.S.C. 78mm) to review and, either unconditionally or on specified terms and conditions, grant, or deny exemptions from rule 17a25 of the Act (240.17a25 of this chapter).

  (73) Pursuant to Section 19(b)(7)(A) of the Act, 15 U.S.C. 78s(b)(7)(A), to publish notices of proposed rule changes filed by self-regulatory organizations relating to security futures products.

  (74) Pursuant to Section 19(b)(7)(C) of the Act, 15 U.S.C. 78s(b)(7)(C), to abrogate a change in the rules of a self-regulatory organization relating to security futures products and require that it be refiled in accordance with Section 19(b)(1) of the Act, 15 U.S.C. 78s(b)(1).

  (75) Pursuant to Section 6(g)(3) of the Act, 15 U.S.C. 78f(g)(3), to publish acknowledgement of receipt of a notice of registration as a national securities exchange for the sole purpose of trading security futures products under Section 6(g) of the Act and Rule 6a4 of the Act (17 CFR 240.6a4).

  (76) Pursuant to section 36 of the Act (15 U.S.C. 78mm) to review and grant or deny exemptions from the rule filing requirements of section 19(b) (15 U.S.C. 78s(b)) of the Act, in a case where a self-regulatory organization elects to incorporate by reference one or more rules of another self-regulatory organization, provided that the following specified terms and conditions are met: (i) A self-regulatory organization electing to incorporate rules of another self-regulatory organization has requested to incorporate rules other than trading rules (e.g., the self-regulatory organization has requested to incorporate rules such as margin, suitability, arbitration); (ii) A self-regulatory organization electing to incorporate rules of another self-regulatory organization has requested to incorporate by reference categories of rules (rather than to incorporate individual rules within a category); and (iii) The incorporating self-regulatory organization has reasonable procedures in place to provide written notice to its members each time a change is proposed to the incorporated rules of another self-regulatory organization.

  (77) To review amendments to a supervised investment bank holding company's Notice of Intention, and to approve such amendments pursuant to paragraph (d)(2)(ii) of Rule 17i2 (17 CFR 240.17i2(d)(2)(ii)) after reviewing the amended notice of intention to determine whether the amendment is necessary or appropriate in furtherance of the purposes of section 17 of the Act (15 U.S.C. 78q).

  (78) To consider requests by supervised investment bank holding companies for exemptions from the requirement, and extensions of time within which, to file reports and notices required by Rule 17i6 (17 CFR 240.17i6), and to grant or deny such requests pursuant to paragraph (f) of that Rule (17 CFR 240.17i6(f)).

  (79) To consider requests by supervised investment bank holding companies for exemptions from the requirement, and extensions of time within which, to file notices required by Rule 17i8 (17 CFR 240.17i8), and to grant or deny such requests pursuant to paragraph (d) of that Rule (17 CFR 240.17i8(d)).

  (80) To calculate the amount of fees and assessments due from covered SROs based on the trade data that the covered SROs submit on Form R31 (17 CFR 249.11) and to issue Section 31 bills to covered SROs, in consultation with the Executive Director and the Chief Economist, pursuant to Rules 31 and 31T of this chapter (17 CFR 240.31 and 240.31T).

  (81) To grant or deny exemptions from Rule 610 (17 CFR 242.610), pursuant to Rule 610(e) (17 CFR 242.610(e)).

  (82) To grant or deny exemptions from Rule 611 (17 CFR 242.611), pursuant to Rule 611(d) (17 CFR 242.611(d)).

  (83) To grant or deny exemptions from Rule 612 (17 CFR 242.612), pursuant to Rule 612(c) (17 CFR 242.612(c)).

  (b) To designate officers empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records in the course of investigations instituted by the Commission pursuant to section 21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(b)).

  (c) In nonpublic investigatory proceedings within the responsibility of the Director or Deputy Director, to grant requests of persons to procure copies of the transcript of their testimony given pursuant to Rule 6 of the Commission's rules relating to investigations as in effect subsequent to November 16, 1972 (17 CFR 203.6).

  (d) To notify the Securities Investor Protection Corporation (SIPC) of facts concerning the activities and the operational and financial condition of any registered broker or dealer which is or appears to be a member of SIPC and which is in or approaching financial difficulty within the meaning of section 5 of the Securities Investor Protection Act of 1970, as amended, 15 U.S.C. 78aaa et seq.

  (e) To determine whether, and issue orders regarding, proposals for designation of a contract market for futures trading on an index or group of securities meet the eligibility criteria set forth under section 2(a)(1)(B)(ii) of the Commodity Exchange Act, 7 U.S.C. 2(a).

  (f) With respect to the Securities Investor Protection Act of 1970, as amended, 15 U.S.C. 78aaa et seq. (SIPA): (1) Pursuant to Section 3(a)(2)(B) of SIPA, to: (i) Extend for a period not exceeding 90 days from the date of the filing of the determination by the Securities Investor Protection Corporation (SIPC) that a registered broker-dealer is not a SIPC member because it conducts its principal business outside the United States and its territories and possessions, the period during which the Commission must affirm, reverse or amend any determination by SIPC; and (ii) Affirm such determination filed by SIPC.

  (2) Pursuant to Section (3)(e)(1) of SIPA, to: (i) Determine whether proposed bylaw changes filed by SIPC should not be disapproved or whether the proposed bylaw change is a matter of such significant public interest that public comment should be obtained, in which case the Division will notify SIPC of such finding and publish notice of the proposed bylaw change in accordance with Section 3(e)(2) of SIPA; and (ii) Accelerate the effective date of proposed bylaw changes filed by SIPC.

  (3) Pursuant to Section (3)(e)(2) of SIPA, to publish notice of proposed rule changes filed by SIPC.

  (g) To consult on behalf of the Commission pursuant to section 18(t)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1828(t)(1)) with respect to matters described in 200.19a.

  (h) To consult on behalf of the Commission pursuant to sections 5318A(a)(4), 5318A(e)(2) and 5318(h)(2) of the Bank Secrecy Act (31 U.S.C. 5318A(a)(4), 5318A(e)(2) and 5318(h)(2)) with respect to matters described in 200.19a.

  (i) To consult on behalf of the Commission pursuant to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), as amended (Pub. L. 10756 (2001), 115 Stat. 272) with respect to matters described in 200.19a.

  (j) Notwithstanding anything in the foregoing, in any case in which the Director of the Division of Market Regulation believes it appropriate, he may submit the matter to the Commission.

[37 FR 16795, Aug. 19, 1972] Editorial Note: For Federal Register citations affecting 200.303 see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.