80_FR_22319 80 FR 22243 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Waive Trade Reporting Fees Under Rule 7710 Due to an OTC Reporting Facility Systems Issue

80 FR 22243 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Waive Trade Reporting Fees Under Rule 7710 Due to an OTC Reporting Facility Systems Issue

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 76 (April 21, 2015)

Page Range22243-22245
FR Document2015-09070

Federal Register, Volume 80 Issue 76 (Tuesday, April 21, 2015)
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22243-22245]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09070]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74734; File No. SR-FINRA-2015-007]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Waive Trade Reporting Fees Under Rule 7710 Due 
to an OTC Reporting Facility Systems Issue

April 15, 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 10, 2015, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') 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

[[Page 22244]]

prepared by FINRA. FINRA has designated the proposed rule change as 
``establishing or changing a due, fee or other charge'' under Section 
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ 
which renders the proposal effective upon receipt of this filing by the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    FINRA is proposing to waive fees under Rule 7710 for trade 
reporting to the OTC Reporting Facility (``ORF'') due to an ORF systems 
issue on March 24, 2015. The proposed rule change does not make any 
changes to the text of FINRA rules.
    The text of the proposed rule change is available on FINRA's Web 
site at http://www.finra.org, at the principal office of FINRA and at 
the Commission's Public Reference Room. [sic]

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA 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. FINRA has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    FINRA rules require that members report trades in OTC equity 
securities, as defined under Rule 6420, to the ORF for public 
dissemination purposes. Members also may be required or may choose to 
submit one or more ``non-tape'' reports in connection with the trade 
(i.e., the transaction is not reported to the tape for publication but 
is reported for clearing or regulatory purposes). Pursuant to Rule 
7710, FINRA charges members various fees for using the ORF, including, 
e.g., for reporting trades and cancelling or correcting previously 
reported trades, as set forth below:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Reporting of transactions not subject    $0.029/side.
 to comparison through the OTC
 Reporting Facility.
Submission of non-tape, non-clearing     No fee.
 (regulatory) reports.
Clearing report to transfer a            $0.03/side.
 transaction fee charged by one member
 to another member pursuant to Rule
 7330(i).
Comparison.............................  $0.0144/side per 100 shares
                                          (minimum 400 shares; maximum
                                          7,500 shares).
Late Report--T+N.......................  $0.288/trade (charged to the
                                          Executing Party).
Corrective Transaction Charge..........  $0.25/Cancel, Correct
                                          transaction, paid by reporting
                                          side; $0.25/Break, Decline
                                          transaction, paid by each
                                          party.
------------------------------------------------------------------------

    On March 24, 2015, the ORF experienced a systems issue that 
impacted trade reporting. Specifically, following a server failover, 
the ORF system erroneously reprocessed and resubmitted trades that had 
previously been processed and sent to FINRA's Trade Data Dissemination 
Service for public dissemination.\5\ FINRA staff identified 
approximately 70,000 duplicate trades and worked with members to cancel 
them. FINRA also determined that, following the server failover, some 
timely reported trades were incorrectly processed and marked as 
``late,'' and for some trades that were designated for submission to 
clearing, the system erroneously cancelled the clearing information 
that had been submitted to the National Securities Clearing 
Corporation. FINRA continues to work with firms to identify trades that 
were erroneously marked late and clearing submissions that were 
inadvertently cancelled by the system. Approximately 322 firms reported 
trades to the ORF from 2:20 p.m. (the time of the server failover) 
until the close of the system on March 24, 2015 and thus potentially 
were impacted by the ORF systems issue on that date. During this time 
frame, there were over 120,000 trade submissions, which include 
original and duplicate trade reports and cancellations.
---------------------------------------------------------------------------

    \5\ See ORF Technical Notices dated March 24, 2015 and March 25, 
2015, available at www.finra.org/industry/orf/orf-technical-notices.
---------------------------------------------------------------------------

    As a result of the ORF systems issue, some members were required to 
take corrective action by making additional submissions to the ORF to 
cancel duplicate trades or resubmit cancelled clearing transactions. To 
ensure that members are not charged for such additional submissions, 
and in recognition that members have had to expend resources to take 
corrective action as a result of the ORF systems issue, FINRA is 
proposing to waive all ORF trade reporting fees under Rule 7710 for 
March 24, 2015, the date the ORF systems issues occurred. As such, fees 
under Rule 7710 will be waived for all submissions to the ORF made on 
March 24, 2015, including fees for ``as/of'' reports submitted on March 
24, 2015 for trades that were executed prior to that date.
    In addition, FINRA recognizes that some members may have been 
unable to take the necessary corrective steps on March 24, 2015, i.e., 
some members may not have cancelled the duplicate trades or resubmitted 
trades for clearing until T+1 or later. Accordingly, FINRA also is 
proposing to waive the trade reporting fees under Rule 7710 for trades 
submitted to the ORF with a trade execution date of March 24, 2015 or 
an original report date of March 24, 2015, provided that such trades 
were submitted by March 31, 2015. Because the pertinent billing cycle 
ended on March 31, 2015, trades submitted on or after April 1, 2015 
would not be entitled to the fee relief proposed herein, even if they 
were executed or originally reported on March 24, 2015.\6\ FINRA 
believes that it is most equitable to provide such additional relief to 
members.
---------------------------------------------------------------------------

    \6\ FINRA believes that only a small number of trades were not 
cancelled or resubmitted, as necessary, by March 31, 2015.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate 
effectiveness. The operative date will be the date of filing.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(5) of the Act,\7\ which requires, among 
other things, that

[[Page 22245]]

FINRA rules provide for the equitable allocation of reasonable dues, 
fees and other charges among members and issuers and other persons 
using any facility or system that FINRA operates or controls. FINRA 
believes that the proposed rule change to waive trade reporting fees 
under Rule 7710, as described herein, is appropriate in light of the 
ORF systems issue on March 24, 2015. FINRA does not believe that 
members should incur fees for the corrective action they were required 
to take following the ORF systems issue. FINRA believes that this 
limited waiver results in reasonable fees and financial benefits that 
are equitably allocated. The financial benefit of the trade reporting 
fee waiver is available to all firms that reported to the ORF on March 
24, 2015 and to all firms that reported trades with an execution date 
or original report date of March 24, 2015, provided that such reports 
were received by March 31, 2015. The proposed rule change is reasonable 
because the waiver of ORF trade reporting fees--and the financial 
benefit from such waiver--is of limited amount, duration and 
application, as noted above. Finally, the proposed trade reporting fee 
waiver does not unfairly discriminate between or among members in that 
the waiver is available to any such member that reported transactions 
to the ORF on the relevant dates.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. FINRA believes that the 
proposed rule change to waive the trade reporting fees is appropriate 
in light of the ORF systems issue, which required members to take 
corrective action and make additional submissions to the ORF. FINRA 
believes that the limited trade reporting fee waiver would not place an 
unreasonable fee burden on members, nor confer an uncompetitive benefit 
to members that have their trade reporting fees waived, in that such 
waiver would be available for a very limited period and the financial 
impact of such a waiver would be de minimis.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and paragraph (f)(2) of Rule 19b-4 
thereunder.\9\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-FINRA-2015-007 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-FINRA-2015-007. 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 (http://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 offices 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-FINRA-2015-
007, and should be submitted on or before May 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-09070 Filed 4-20-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices                                                 22243

                                                 Finally, Amendment No. 1 deletes the                  (a) deletes the statement in the original             Internet Web site (http://www.sec.gov/
                                              section in the Notice titled ‘‘Information               filing that pricing information regarding             rules/sro.shtml). Copies of the
                                              Sharing Procedures,’’ in which the                       each asset class in which the Fund or                 submission, all subsequent
                                              Exchange stated that its ability to                      Portfolio will invest will generally be               amendments, all written statements
                                              monitor trading in the Fund would not                    available through nationally recognized               with respect to the proposed rule
                                              be affected by the listing and trading of                data service providers through                        change that are filed with the
                                              Actively-Traded Securities on non-ISG-                   subscription arrangements, and (b)                    Commission, and all written
                                              member markets, or by the absence of                     replaces the deleted language described               communications relating to the
                                              CSSAs with markets on which                              in (a) above with a statement clarifying              proposed rule change between the
                                              ‘‘Actively-Traded Securities’’ are listed                that pricing information regarding each               Commission and any person, other than
                                              or traded.16                                             asset class in which the Fund or                      those that may be withheld from the
                                                 In all other material respects, the                   Portfolio will invest, including Rule                 public in accordance with the
                                              proposed rule change as set forth in                     144A securities, repurchase agreements,               provisions of 5 U.S.C. 552, will be
                                              Amendment No. 1 is otherwise identical                   reverse repurchase agreements, and                    available for Web site viewing and
                                              to the original proposed rule change set                 securities of investment companies                    printing in the Commission’s Public
                                              forth in the Notice.17                                   (other than ETFs registered under the                 Reference Room, 100 F Street NE.,
                                              II. Description of Amendment 2 to the                    1940 Act), will generally be available                Washington, DC 20549, on official
                                              Proposed Rule Change                                     through nationally recognized data                    business days between the hours of
                                                                                                       service providers through subscription                10:00 a.m. and 3:00 p.m. Copies of such
                                                 As noted above, the Exchange filed                    arrangements.                                         filing will also be available for
                                              Amendment No. 2 to the proposed rule                        Additional information regarding the               inspection and copying at the principal
                                              change on April 7, 2015. The specific                    Trust, Fund, Portfolio, and the Shares,               office of the Exchange. All comments
                                              changes effected by Amendment No. 2                                                                            received will be posted without change;
                                                                                                       including investment strategies, risks,
                                              are described below.                                                                                           the Commission does not edit personal
                                                                                                       creation and redemption procedures,
                                                 First, Amendment No. 2 adds a                                                                               identifying information from
                                              statement to the proposed rule change                    fees, portfolio holdings disclosure
                                                                                                       policies, trading halts, dissemination                submissions. You should submit only
                                              requiring, under normal circumstances,                                                                         information that you wish to make
                                              the Portfolio 18 to include a minimum of                 and availability of information,
                                                                                                       distributions, and taxes can be found in              available publicly. All submissions
                                              20 exchange-listed and -traded equity                                                                          should refer to File Number SR–
                                              securities. Second, Amendment No. 2                      Amendment No.1 to the proposed rule
                                                                                                       change and the Registration Statement,                NYSEArca–2014–100 and should be
                                                                                                       as applicable.19                                      submitted on or before May 12, 2015.
                                              company, which evidence ownership of underlying
                                              securities issued by a foreign corporation. For                                                                  For the Commission, by the Division of
                                              ADRs, the depository is typically a U.S. financial
                                                                                                       III. Solicitation of Comments                         Trading and Markets, pursuant to delegated
                                              institution and the underlying securities are issued        Interested persons are invited to                  authority.20
                                              by a foreign issuer. For other Depositary Receipts,                                                            Brent J. Fields,
                                              the depository may be a foreign or a U.S. entity, and
                                                                                                       submit written data, views, and
                                              the underlying securities may have a foreign or a        arguments concerning the foregoing,                   Secretary.
                                              U.S. issuer. Depositary Receipts will not necessarily    including whether the filing, as                      [FR Doc. 2015–09065 Filed 4–20–15; 8:45 am]
                                              be denominated in the same currency as their             modified by Amendment Nos. 1 and 2,                   BILLING CODE 8011–01–P
                                              underlying securities. Generally, ADRs, in
                                              registered form, are designed for use in the U.S.        is consistent with the Act. Comments
                                              securities market, and EDRs, in bearer form, are         may be submitted by any of the
                                              designated for use in European securities markets.       following methods:                                    SECURITIES AND EXCHANGE
                                              GDRs are tradable both in the United States and in                                                             COMMISSION
                                              Europe and are designed for use throughout the           Electronic Comments
                                              world. The Fund’s portfolio may invest in                                                                      [Release No. 34–74734; File No. SR–FINRA–
                                              unsponsored Depositary Receipts. The issuers of             • Use the Commission’s Internet                    2015–007]
                                              unsponsored Depositary Receipts are not obligated        comment form (http://www.sec.gov/
                                              to disclose material information in the United           rules/sro.shtml); or
                                              States, and, therefore, there may be less information
                                                                                                                                                             Self-Regulatory Organizations;
                                              available regarding such issuers and there may not          • Send an email to rule-comments@                  Financial Industry Regulatory
                                              be a correlation between such information and the        sec.gov. Please include File Number SR–               Authority, Inc.; Notice of Filing and
                                              market value of the Depositary Receipts.                 NYSEArca–2014–100 on the subject                      Immediate Effectiveness of a Proposed
                                              Unsponsored Depositary Receipts will not exceed          line.
                                              10% of the Fund’s net assets. See Notice, supra note
                                                                                                                                                             Rule Change To Waive Trade
                                              3, at 57162, n.10.                                       Paper Comments                                        Reporting Fees Under Rule 7710 Due
                                                 16 See Notice, supra note 3, at 57167–57169.                                                                to an OTC Reporting Facility Systems
                                                 17 See Notice, supra note 3.                             • Send paper comments in triplicate                Issue
                                                 18 The ‘‘Portfolio’’ is defined as SSgA Global        to Secretary, Securities and Exchange
                                              Managed Volatility Portfolio, a separate series of the   Commission, 100 F Street NE.,                         April 15, 2015.
                                              SSgA Master Trust with an identical investment           Washington, DC 20549–1090.                               Pursuant to Section 19(b)(1) of the
                                              objective as the Fund. See Notice, supra note 3, at                                                            Securities Exchange Act of 1934
                                              57162. In general, the Portfolio (i.e., the master       All submissions should refer to File
                                              fund) will be where investments will be held,            Number SR–NYSEArca–2014–100. This                     (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                              which investments will primarily consist of equity       file number should be included on the                 notice is hereby given that on April 10,
                                              securities, and may, to a lesser extent, include other
                                                                                                       subject line if email is used. To help the            2015, Financial Industry Regulatory
                                              investments as described under ‘‘Non-Principal                                                                 Authority, Inc. (‘‘FINRA’’) filed with the
                                              Investment Policies.’’ The Fund (i.e., the feeder        Commission process and review your
                                              fund) will invest in shares of the Portfolio and will    comments more efficiently, please use                 Securities and Exchange Commission
tkelley on DSK3SPTVN1PROD with NOTICES




                                              not invest in investments described under ‘‘Non-         only one method. The Commission will                  (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                              Principal Investment Policies,’’ but may be exposed
                                                                                                       post all comments on the Commission’s                 rule change as described in Items I, II,
                                              to such investments by means of the Fund’s                                                                     and III below, which Items have been
                                              investment in shares of the Portfolio. In
                                              extraordinary instances, the Fund reserves the right        19 See supra note 9; see also Notice, supra note
                                                                                                                                                               20 17 CFR 200.30–3(a)(57).
                                              to make direct investments in equity securities and      3, at 57161 n.6 (referring to the Registration
                                                                                                                                                               1 15 U.S.C. 78s(b)(1).
                                              other investments. See Notice, supra note 3, at id.,     Statement on Form N–1A relating to the Fund (File
                                              n.11.                                                    Nos. 333–173276 and 811–22542)).                        2 17 CFR 240.19b–4.




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                                              22244                                    Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices

                                              prepared by FINRA. FINRA has                                               The text of the proposed rule change                      A. Self-Regulatory Organization’s
                                              designated the proposed rule change as                                  is available on FINRA’s Web site at                          Statement of the Purpose of, and
                                              ‘‘establishing or changing a due, fee or                                http://www.finra.org, at the principal                       Statutory Basis for, the Proposed Rule
                                              other charge’’ under Section                                            office of FINRA and at the                                   Change
                                              19(b)(3)(A)(ii) of the Act 3 and Rule 19b–                              Commission’s Public Reference Room.
                                                                                                                                                                                   1. Purpose
                                              4(f)(2) thereunder,4 which renders the                                  [sic]
                                              proposal effective upon receipt of this                                                                                                 FINRA rules require that members
                                                                                                                      II. Self-Regulatory Organization’s                           report trades in OTC equity securities,
                                              filing by the Commission. The
                                                                                                                      Statement of the Purpose of, and                             as defined under Rule 6420, to the ORF
                                              Commission is publishing this notice to
                                                                                                                      Statutory Basis for, the Proposed Rule                       for public dissemination purposes.
                                              solicit comments on the proposed rule
                                                                                                                      Change                                                       Members also may be required or may
                                              change from interested persons.
                                                                                                                        In its filing with the Commission,                         choose to submit one or more ‘‘non-
                                              I. Self-Regulatory Organization’s                                       FINRA included statements concerning                         tape’’ reports in connection with the
                                              Statement of the Terms of the Substance                                 the purpose of and basis for the                             trade (i.e., the transaction is not reported
                                              of the Proposed Rule Change                                             proposed rule change and discussed any                       to the tape for publication but is
                                                FINRA is proposing to waive fees                                      comments it received on the proposed                         reported for clearing or regulatory
                                              under Rule 7710 for trade reporting to                                  rule change. The text of these statements                    purposes). Pursuant to Rule 7710,
                                              the OTC Reporting Facility (‘‘ORF’’) due                                may be examined at the places specified                      FINRA charges members various fees for
                                              to an ORF systems issue on March 24,                                    in Item IV below. FINRA has prepared                         using the ORF, including, e.g., for
                                              2015. The proposed rule change does                                     summaries, set forth in sections A, B,                       reporting trades and cancelling or
                                              not make any changes to the text of                                     and C below, of the most significant                         correcting previously reported trades, as
                                              FINRA rules.                                                            aspects of such statements.                                  set forth below:

                                              Reporting of transactions not subject to comparison through the OTC                                         $0.029/side.
                                                Reporting Facility.
                                              Submission of non-tape, non-clearing (regulatory) reports ......................                            No fee.
                                              Clearing report to transfer a transaction fee charged by one member to                                      $0.03/side.
                                                another member pursuant to Rule 7330(i).
                                              Comparison ..............................................................................................   $0.0144/side per 100 shares (minimum 400 shares; maximum 7,500
                                                                                                                                                            shares).
                                              Late Report—T+N ....................................................................................        $0.288/trade (charged to the Executing Party).
                                              Corrective Transaction Charge ................................................................              $0.25/Cancel, Correct transaction, paid by reporting side; $0.25/Break,
                                                                                                                                                            Decline transaction, paid by each party.



                                                 On March 24, 2015, the ORF                                           and thus potentially were impacted by                        take the necessary corrective steps on
                                              experienced a systems issue that                                        the ORF systems issue on that date.                          March 24, 2015, i.e., some members may
                                              impacted trade reporting. Specifically,                                 During this time frame, there were over                      not have cancelled the duplicate trades
                                              following a server failover, the ORF                                    120,000 trade submissions, which                             or resubmitted trades for clearing until
                                              system erroneously reprocessed and                                      include original and duplicate trade                         T+1 or later. Accordingly, FINRA also is
                                              resubmitted trades that had previously                                  reports and cancellations.                                   proposing to waive the trade reporting
                                              been processed and sent to FINRA’s                                         As a result of the ORF systems issue,                     fees under Rule 7710 for trades
                                              Trade Data Dissemination Service for                                    some members were required to take                           submitted to the ORF with a trade
                                              public dissemination.5 FINRA staff                                      corrective action by making additional                       execution date of March 24, 2015 or an
                                              identified approximately 70,000                                         submissions to the ORF to cancel                             original report date of March 24, 2015,
                                              duplicate trades and worked with                                        duplicate trades or resubmit cancelled                       provided that such trades were
                                              members to cancel them. FINRA also                                      clearing transactions. To ensure that                        submitted by March 31, 2015. Because
                                              determined that, following the server                                   members are not charged for such                             the pertinent billing cycle ended on
                                              failover, some timely reported trades                                   additional submissions, and in                               March 31, 2015, trades submitted on or
                                              were incorrectly processed and marked                                   recognition that members have had to                         after April 1, 2015 would not be entitled
                                                                                                                      expend resources to take corrective                          to the fee relief proposed herein, even
                                              as ‘‘late,’’ and for some trades that were
                                                                                                                      action as a result of the ORF systems                        if they were executed or originally
                                              designated for submission to clearing,
                                                                                                                      issue, FINRA is proposing to waive all                       reported on March 24, 2015.6 FINRA
                                              the system erroneously cancelled the
                                                                                                                      ORF trade reporting fees under Rule                          believes that it is most equitable to
                                              clearing information that had been
                                                                                                                      7710 for March 24, 2015, the date the                        provide such additional relief to
                                              submitted to the National Securities                                                                                                 members.
                                              Clearing Corporation. FINRA continues                                   ORF systems issues occurred. As such,
                                                                                                                                                                                      FINRA has filed the proposed rule
                                              to work with firms to identify trades                                   fees under Rule 7710 will be waived for
                                                                                                                                                                                   change for immediate effectiveness. The
                                              that were erroneously marked late and                                   all submissions to the ORF made on
                                                                                                                                                                                   operative date will be the date of filing.
                                              clearing submissions that were                                          March 24, 2015, including fees for ‘‘as/
                                              inadvertently cancelled by the system.                                  of’’ reports submitted on March 24, 2015                     2. Statutory Basis
                                              Approximately 322 firms reported                                        for trades that were executed prior to                          FINRA believes that the proposed rule
                                              trades to the ORF from 2:20 p.m. (the                                   that date.                                                   change is consistent with the provisions
tkelley on DSK3SPTVN1PROD with NOTICES




                                              time of the server failover) until the                                     In addition, FINRA recognizes that                        of Section 15A(b)(5) of the Act,7 which
                                              close of the system on March 24, 2015                                   some members may have been unable to                         requires, among other things, that
                                                3 15   U.S.C. 78s(b)(3)(A)(ii).                                         5 See ORF Technical Notices dated March 24,                   6 FINRA believes that only a small number of

                                                4 17   CFR 240.19b–4(f)(2).                                           2015 and March 25, 2015, available at                        trades were not cancelled or resubmitted, as
                                                                                                                      www.finra.org/industry/orf/orf-technical-notices.            necessary, by March 31, 2015.
                                                                                                                                                                                      7 15 U.S.C. 78o–3(b)(5).




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                                                                             Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices                                                    22245

                                              FINRA rules provide for the equitable                   III. Date of Effectiveness of the                        Washington, DC 20549 on official
                                              allocation of reasonable dues, fees and                 Proposed Rule Change and Timing for                      business days between the hours of
                                              other charges among members and                         Commission Action                                        10:00 a.m. and 3:00 p.m. Copies of such
                                              issuers and other persons using any                        The foregoing rule change has become                  filing also will be available for
                                              facility or system that FINRA operates                  effective pursuant to Section 19(b)(3)(A)                inspection and copying at the principal
                                              or controls. FINRA believes that the                    of the Act 8 and paragraph (f)(2) of Rule                offices of the Exchange. All comments
                                              proposed rule change to waive trade                     19b–4 thereunder.9 At any time within                    received will be posted without change;
                                              reporting fees under Rule 7710, as                      60 days of the filing of the proposed rule               the Commission does not edit personal
                                              described herein, is appropriate in light               change, the Commission summarily may                     identifying information from
                                              of the ORF systems issue on March 24,                   temporarily suspend such rule change if                  submissions. You should submit only
                                              2015. FINRA does not believe that                       it appears to the Commission that such                   information that you wish to make
                                              members should incur fees for the                       action is necessary or appropriate in the                available publicly. All submissions
                                              corrective action they were required to                 public interest, for the protection of                   should refer to File Number SR–FINRA–
                                              take following the ORF systems issue.                   investors, or otherwise in furtherance of                2015–007, and should be submitted on
                                              FINRA believes that this limited waiver                 the purposes of the Act. If the                          or before May 12, 2015.
                                              results in reasonable fees and financial                Commission takes such action, the                          For the Commission, by the Division of
                                              benefits that are equitably allocated. The              Commission shall institute proceedings                   Trading and Markets, pursuant to delegated
                                              financial benefit of the trade reporting                to determine whether the proposed rule                   authority.10
                                              fee waiver is available to all firms that               should be approved or disapproved.                       Brent J. Fields,
                                              reported to the ORF on March 24, 2015                   IV. Solicitation of Comments                             Secretary.
                                              and to all firms that reported trades with                                                                       [FR Doc. 2015–09070 Filed 4–20–15; 8:45 am]
                                                                                                        Interested persons are invited to
                                              an execution date or original report date               submit written data, views, and                          BILLING CODE 8011–01–P
                                              of March 24, 2015, provided that such                   arguments concerning the foregoing,
                                              reports were received by March 31,                      including whether the proposed rule
                                              2015. The proposed rule change is                                                                                SECURITIES AND EXCHANGE
                                                                                                      change is consistent with the Act.                       COMMISSION
                                              reasonable because the waiver of ORF                    Comments may be submitted by any of
                                              trade reporting fees—and the financial                  the following methods:                                   [Investment Company Act Release No.
                                              benefit from such waiver—is of limited                                                                           31552; File No. 812–14302]
                                                                                                      Electronic Comments
                                              amount, duration and application, as
                                              noted above. Finally, the proposed trade                  • Use the Commission’s Internet                        Voya Retirement Insurance and
                                              reporting fee waiver does not unfairly                  comment form (http://www.sec.gov/                        Annuity Company et al.; Notice of
                                              discriminate between or among                           rules/sro.shtml); or                                     Application
                                              members in that the waiver is available                   • Send an email to rule-comments@
                                                                                                                                                               April 15, 2015.
                                              to any such member that reported                        sec.gov. Please include File Number SR–
                                                                                                      FINRA–2015–007 on the subject line.                      AGENCY:   Securities and Exchange
                                              transactions to the ORF on the relevant                                                                          Commission (‘‘SEC’’ or ‘‘Commission’’).
                                              dates.                                                  Paper Comments
                                                                                                                                                               ACTION: Notice of application for an
                                              B. Self-Regulatory Organization’s                         • Send paper comments in triplicate                    order approving the substitution of
                                              Statement on Burden on Competition                      to Brent J. Fields, Secretary, Securities                certain securities pursuant to section
                                                                                                      and Exchange Commission, 100 F Street                    26(c) of the Investment Company Act of
                                                 FINRA does not believe that the                      NE., Washington, DC 20549–1090.                          1940, as amended (the ‘‘1940 Act’’ or
                                              proposed rule change will result in any                 All submissions should refer to File                     ‘‘Act’’).
                                              burden on competition that is not                       Number SR–FINRA–2015–007. This file
                                              necessary or appropriate in furtherance                 number should be included on the                            Applicants: Voya Retirement
                                              of the purposes of the Act. FINRA                       subject line if email is used. To help the               Insurance and Annuity Company
                                              believes that the proposed rule change                  Commission process and review your                       (‘‘Voya Retirement’’), Voya Insurance
                                              to waive the trade reporting fees is                    comments more efficiently, please use                    and Annuity Company (‘‘Voya
                                              appropriate in light of the ORF systems                 only one method. The Commission will                     Insurance’’), ReliaStar Life Insurance
                                              issue, which required members to take                   post all comments on the Commission’s                    Company of New York (‘‘ReliaStar
                                              corrective action and make additional                   Internet Web site (http://www.sec.gov/                   NY’’), and Security Life of Denver
                                              submissions to the ORF. FINRA believes                  rules/sro.shtml). Copies of the                          Insurance Company (‘‘Security Life’’)
                                              that the limited trade reporting fee                    submission, all subsequent                               (each a ‘‘Company’’ and together, the
                                              waiver would not place an unreasonable                  amendments, all written statements                       ‘‘Companies’’), Variable Annuity
                                              fee burden on members, nor confer an                    with respect to the proposed rule                        Account B of Voya Retirement (‘‘Voya
                                                                                                      change that are filed with the                           Retirement B’’), Variable Annuity
                                              uncompetitive benefit to members that
                                                                                                      Commission, and all written                              Account I of Voya Retirement (‘‘Voya
                                              have their trade reporting fees waived,
                                                                                                      communications relating to the                           Retirement I’’), Separate Account B of
                                              in that such waiver would be available
                                                                                                      proposed rule change between the                         Voya Insurance (‘‘Voya Insurance B’’),
                                              for a very limited period and the
                                                                                                      Commission and any person, other than                    Separate Account EQ of Voya Insurance
                                              financial impact of such a waiver would
                                                                                                      those that may be withheld from the                      (‘‘Voya Insurance EQ’’), ReliaStar Life
                                              be de minimis.                                                                                                   Insurance Company of New York
                                                                                                      public in accordance with the
tkelley on DSK3SPTVN1PROD with NOTICES




                                              C. Self-Regulatory Organization’s                       provisions of 5 U.S.C. 552, will be                      Separate Account NY–B (‘‘ReliaStar
                                              Statement on Comments on the                            available for Web site viewing and                       NY–B’’), Security Life Separate Account
                                              Proposed Rule Change Received From                      printing in the Commission’s Public                      A1 (‘‘Security Life A1’’), Security Life
                                              Members, Participants, or Others                        Reference Room, 100 F Street NE.,                        Separate Accounts S–A1 (‘‘Security Life
                                                                                                                                                               S–A1’’) (each, an ‘‘Account’’ and
                                                Written comments were neither                           8 15   U.S.C. 78s(b)(3)(A).
                                              solicited nor received.                                   9 17   CFR 240.19b–4(f)(2).                              10 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-16 08:33:35
Document Modified: 2015-12-16 08:33:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 22243 

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