80_FR_24385 80 FR 24302 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Delay the Implementation Date of Trade Reporting Amendments Approved Pursuant to SR-FINRA-2013-050

80 FR 24302 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Delay the Implementation Date of Trade Reporting Amendments Approved Pursuant to SR-FINRA-2013-050

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 83 (April 30, 2015)

Page Range24302-24304
FR Document2015-10039

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24302-24304]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10039]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74807; File No. SR-FINRA-2015-008]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Delay the Implementation Date of Trade 
Reporting Amendments Approved Pursuant to SR-FINRA-2013-050

April 24, 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 21, 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 and 
II below, which Items have been prepared by FINRA. FINRA has designated 
the proposed rule change as constituting a ``non-controversial'' rule 
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    FINRA is proposing to delay the implementation date of amendments 
to the trade reporting rules relating to the Alternative Display 
Facility (``ADF'') and the Trade Reporting Facilities (``TRFs'') 
approved pursuant to SR-FINRA-2013-050. The proposed rule change would 
not make any changes to 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.

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

[[Page 24303]]

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
    On November 12, 2013, FINRA filed proposed rule change SR-FINRA-
2013-050 to On November 12, 2013, FINRA filed proposed rule change SR-
FINRA-2013-050, which among other things, proposed to amend FINRA rules 
governing the reporting of over-the-counter (``OTC'') transactions in 
NMS stocks to the ADF and TRFs. The proposed rule change was approved 
by the Commission on February 27, 2014.\4\ The amendments to the ADF 
and TRF rules relating to millisecond reporting that were approved 
pursuant to SR-FINRA-2013-050 became effective on November 10, 2014.\5\
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    \4\ See Securities Exchange Act Release No. 71623 (February 27, 
2014), 79 FR 12558 (March 5, 2014) (Order Approving File No. SR-
FINRA-2013-050).
    \5\ The amendments to other rule sets approved pursuant to SR-
FINRA-2013-050 are also effective. Specifically, the amendments to 
the Order Audit Trail System rules became effective on April 7, 
2014, and the amendments to the OTC Reporting Facility rules became 
effective on November 17, 2014.
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    Pursuant to proposed rule change SR-FINRA-2014-039,\6\ FINRA 
proposed to implement the remaining amendments to the ADF and TRF trade 
reporting rules no later than April 30, 2015, and announced an 
effective date of April 20, 2015.\7\ Specifically, the amendments to 
the ADF and TRF rules (i) require firms to report an additional time 
field for Stop Stock transactions \8\ and transactions that reflect an 
execution price that is based on a prior reference point in time,\9\ 
and when reporting block transactions using the exception for 
Intermarket Sweep Orders (ISOs) (outbound) under SEC Rule 611 of 
Regulation NMS, if the time the firm routed the ISOs is different from 
the execution time; \10\ (ii) require firms to identify the original 
trade when reporting a reversal by including the control number and 
report date for the original trade report; \11\ (iii) require firms to 
report trades executed on non-business days and trades reported more 
than 365 days after trade date (T+365) to the ADF or a TRF (and not on 
``Form T'' through FINRA's Firm Gateway) and further to report non-
business day trades on an ``as/of'' basis by 8:15 a.m. the next 
business day with the unique trade report modifier to denote their 
execution outside normal market hours; \12\ (iv) provide that where 
both sides are submitting a clearing-only report to effectuate a step-
out, the member transferring out of the position must report a step-out 
and the member receiving the position must report a ``step-in''; \13\ 
and (v) address the processing of trades that are submitted for 
clearing.\14\ In addition, SR-FINRA-2013-050 made a number of non-
substantive technical and conforming changes to the ADF and TRF rules 
that were otherwise being amended.
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    \6\ See Securities Exchange Act Release No. 73289 (October 2, 
2014), 79 FR 60874 (October 8, 2014) (Notice of Filing and Immediate 
Effectiveness of File No. SR-FINRA-2014-039).
    \7\ See Regulatory Notice 14-21 (May 2014).
    \8\ See paragraph (F) of Rules 6282(a)(4), 6380A(a)(5) and 
6380B(a)(5). ``Stop stock transaction'' means a transaction 
resulting from an order in which a firm and another party agree that 
the order will be executed at a stop stock price or better, which 
price is based upon the prices at which the security is trading at 
the time the firm receives the order. See Rules 6220, 6320A and 
6320B.
    \9\ See paragraph (G) of Rules 6282(a)(4), 6380A(a)(5) and 
6380B(a)(5).
    \10\ See Rules 6282.03, 6380A.03 and 6380B.03.
    \11\ See Rules 6282(g), 6380A(g) and 6380B(f).
    \12\ See Rules 6282(a)(2), 6380A(a)(2) and 6380B(a)(2).
    \13\ See Rules 7130(g), 7230A(i) and 7230B(h).
    \14\ See Rules 7140, 7240A and 7240B.
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    Firms have requested additional time to make the systems changes 
necessary to comply with the new reporting requirements, and in 
particular, have indicated they need additional time to test the 
systems changes.\15\ Given the scope of the changes, FINRA believes 
that it is appropriate to extend the implementation date and is 
proposing to implement the changes to the ADF and TRF rules approved 
pursuant to SR-FINRA-2013-050 on July 13, 2015. FINRA believes that 
this will provide firms ample time to implement and test the changes, 
as it will afford firms approximately seven months from the date of 
updated technical specifications (technical specifications for the 
FINRA/NYSE TRF were published on December 17, 2014 and for the FINRA/
NASDAQ TRF on December 23, 2014) \16\ and more than three months of 
testing (testing became available on March 16, 2015 for the FINRA/NYSE 
TRF and April 1, 2015 for the FINRA/NASDAQ TRF).\17\
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    \15\ See, e.g., email dated February 12, 2015 from Manisha 
Kimmel, Managing Director, Financial Information Forum (``FIF''), 
requesting a delay of implementation of the amendments to the ADF 
and TRF rules approved pursuant to SR-FINRA-2013-050.
    \16\ Updated technical specifications have not yet been 
published for the ADF; however, we note that currently no member 
firms use the ADF for trade reporting to FINRA. FINRA anticipates 
publishing updated technical specifications for the ADF shortly.
    \17\ FINRA notes that this implementation schedule is consistent 
with FIF's recommendation in its comment letter on SR-FINRA-2013-050 
that FINRA release TRF technical specifications within seven months, 
and make available a robust test environment within three months, of 
the implementation date. See Letter from Manisha Kimmel, Executive 
Director, Financial Information Forum, to Elizabeth M. Murphy, 
Secretary, SEC, dated December 20, 2013.
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    Some firms also have requested that they be permitted to report in 
accordance with the amendments to the ADF and TRF rules prior to the 
implementation date. The TRFs and the ADF are unable to make the 
necessary systems changes available in production prior to July 13, 
2015 to accommodate voluntary reporting in accordance with the new 
reporting requirements by some firms, while other firms continue to 
report under the current reporting requirements. Therefore, all firms 
must begin reporting in accordance with the amendments on July 13, 
2015. As noted above, however, firms will have ample opportunity to 
test their systems changes and new reporting processes prior to July 
13, 2015.
    FINRA has filed the proposed rule change for immediate 
effectiveness and has requested that the Commission waive the 
requirement that the proposed rule change not become operative for 30 
days after the date of the filing. The operative date will be the date 
of filing of the proposed rule change.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of section 15A(b)(6) of the Act,\18\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. FINRA believes the proposed rule change is consistent 
with the Act in that it provides firms additional time to complete the 
systems changes necessary to comply with SR-FINRA-2013-050, which 
amendments will, among other things, ensure a more accurate and 
complete audit trail, enable FINRA to recreate more accurately members' 
market activity and enhance FINRA's ability to surveil on an automated 
basis for compliance with FINRA trade reporting and other rules.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78o-3(b)(6).
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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 providing 
adequate time

[[Page 24304]]

for firms to make and test the systems changes necessary to comply with 
SR-FINRA-2013-050 will benefit all interested parties.

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

    A copy of the request for a delay from FIF is attached to the 
filing submitted by the Exchange but not attached to the published 
notice of this filing. In response to FIF's request, as discussed 
above, FINRA is proposing to delay implementation of the amendments to 
the ADF and TRF rules approved under SR-FINRA-2013-050 to July 13, 
2015. FINRA believes that the revised implementation date will provide 
members additional time to make the necessary system changes while 
balancing the need to implement the amendments without undue delay.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to section 19(b)(3)(A) of the Act \19\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days after the date of filing.\21\ However, 
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter 
time if such action is consistent with the protection of investors and 
the public interest.\22\ FINRA has requested that the Commission waive 
the 30-day operative delay so that FINRA can immediately delay the 
implementation dates, as provided in this proposal.
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    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ Id.
---------------------------------------------------------------------------

    The Commission believes that the waiver of the 30-day operative 
delay is consistent with the protection of investors and the public 
interest as it will allow FINRA to extend the implementation dates of 
certain changes approved pursuant to SR-FINRA-2013-050 in a timely 
manner. Therefore, the Commission designates the proposal operative 
upon filing.\23\
---------------------------------------------------------------------------

    \23\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act.\24\ If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule change should be approved or disapproved.\25\
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    \24\ 15 U.S.C. 78s(b)(3)(C).
    \25\ Id.
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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 [email protected]. Please include 
File Number SR-FINRA-2015-008 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2015-008. 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 office of FINRA. 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-2015-008, and should 
be submitted on or before May 21, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-10039 Filed 4-29-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  24302                              Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

                                                  intramarket competition that is not                      Electronic Comments                                   SECURITIES AND EXCHANGE
                                                  necessary or appropriate in furtherance                                                                        COMMISSION
                                                  of the purposes of the Act. The                            • Use the Commission’s Internet
                                                                                                           comment form (http://www.sec.gov/                     [Release No. 34–74807; File No. SR–FINRA–
                                                  Exchange believes that the proposed                                                                            2015–008]
                                                  fees and rebates are competitive with                    rules/sro.shtml); or
                                                  fees and rebates offered to orders                         • Send an email to rule-comments@                   Self-Regulatory Organizations;
                                                  executed on other options exchanges.                     sec.gov. Please include File No. SR–ISE–              Financial Industry Regulatory
                                                  The Exchange operates in a highly                        2015–15 on the subject line.                          Authority, Inc.; Notice of Filing and
                                                  competitive market in which market                                                                             Immediate Effectiveness of a Proposed
                                                  participants can readily direct their                    Paper Comments
                                                                                                                                                                 Rule Change To Delay the
                                                  order flow to competing venues. In such                    • Send paper comments in triplicate                 Implementation Date of Trade
                                                  an environment, the Exchange must                        to Secretary, Securities and Exchange                 Reporting Amendments Approved
                                                  continually review, and consider                         Commission, 100 F Street NE.,                         Pursuant to SR–FINRA–2013–050
                                                  adjusting, its fees and rebates to remain                Washington, DC 20549.                                 April 24, 2015.
                                                  competitive with other exchanges. For
                                                  the reasons described above, the                         All submissions should refer to File No.                 Pursuant to section 19(b)(1) of the
                                                                                                           SR–ISE–2015–15. This file number                      Securities Exchange Act of 1934
                                                  Exchange believes that the proposed fee
                                                                                                           should be included on the subject line                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                  changes reflect this competitive
                                                                                                           if email is used. To help the                         notice is hereby given that on April 21,
                                                  environment.
                                                                                                           Commission process and review your                    2015, Financial Industry Regulatory
                                                  C. Self-Regulatory Organization’s                                                                              Authority, Inc. (‘‘FINRA’’) filed with the
                                                                                                           comments more efficiently, please use
                                                  Statement on Comments on the                                                                                   Securities and Exchange Commission
                                                                                                           only one method. The Commission will
                                                  Proposed Rule Change Received From                                                                             (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                                                                           post all comments on the Commission’s                 rule change as described in Items I and
                                                  Members, Participants, or Others
                                                                                                           Internet Web site (http://www.sec.gov/                II below, which Items have been
                                                    The Exchange has not solicited, and                    rules/sro.shtml). Copies of the                       prepared by FINRA. FINRA has
                                                  does not intend to solicit, comments on                  submission, all subsequent                            designated the proposed rule change as
                                                  this proposed rule change. The                           amendments, all written statements                    constituting a ‘‘non-controversial’’ rule
                                                  Exchange has not received any                            with respect to the proposed rule                     change under paragraph (f)(6) of Rule
                                                  unsolicited written comments from                        change that are filed with the                        19b–4 under the Act,3 which renders
                                                  members or other interested parties.                     Commission, and all written                           the proposal effective upon receipt of
                                                                                                           communications relating to the                        this filing by the Commission. The
                                                  III. Date of Effectiveness of the                        proposed rule changes between the                     Commission is publishing this notice to
                                                  Proposed Rule Change and Timing for                      Commission and any person, other than                 solicit comments on the proposed rule
                                                  Commission Action                                        those that may be withheld from the                   change from interested persons.
                                                     The foregoing rule change has become                  public in accordance with the
                                                                                                                                                                 I. Self-Regulatory Organization’s
                                                  effective pursuant to Section                            provisions of 5 U.S.C. 552, will be                   Statement of the Terms of the Substance
                                                  19(b)(3)(A)(ii) of the Act 19 and                        available for Web site viewing and                    of the Proposed Rule Change
                                                  subparagraph (f)(2) of Rule 19b–4                        printing in the Commission’s Public
                                                                                                           Reference Room, 100 F Street NE.,                        FINRA is proposing to delay the
                                                  thereunder,20 because it establishes a
                                                                                                           Washington, DC 20549 on official                      implementation date of amendments to
                                                  due, fee, or other charge imposed by                                                                           the trade reporting rules relating to the
                                                  ISE.                                                     business days between the hours of
                                                                                                                                                                 Alternative Display Facility (‘‘ADF’’)
                                                     At any time within 60 days of the                     10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                 and the Trade Reporting Facilities
                                                  filing of such proposed rule change, the                 filing also will be available for
                                                                                                                                                                 (‘‘TRFs’’) approved pursuant to SR–
                                                  Commission summarily may                                 inspection and copying at the principal               FINRA–2013–050. The proposed rule
                                                  temporarily suspend such rule change if                  office of the ISE. All comments received              change would not make any changes to
                                                  it appears to the Commission that such                   will be posted without change; the                    FINRA rules.
                                                  action is necessary or appropriate in the                Commission does not edit personal                        The text of the proposed rule change
                                                  public interest, for the protection of                   identifying information from                          is available on FINRA’s Web site at
                                                  investors, or otherwise in furtherance of                submissions. You should submit only                   http://www.finra.org, at the principal
                                                  the purposes of the Act. If the                          information that you wish to make                     office of FINRA and at the
                                                  Commission takes such action, the                        available publicly. All submissions                   Commission’s Public Reference Room.
                                                  Commission shall institute proceedings                   should refer to File No. SR–ISE–2015–
                                                                                                                                                                 II. Self-Regulatory Organization’s
                                                  to determine whether the proposed rule                   15 and should be submitted on or before
                                                                                                                                                                 Statement of the Purpose of, and
                                                  should be approved or disapproved.                       May 21, 2015.                                         Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                               For the Commission, by the Division of              Change
                                                                                                           Trading and Markets, pursuant to delegated
                                                                                                                                                                    In its filing with the Commission,
                                                    Interested persons are invited to                      authority.21
                                                                                                                                                                 FINRA included statements concerning
                                                  submit written data, views and                           Brent J. Fields,                                      the purpose of and basis for the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  arguments concerning the foregoing,                      Secretary.                                            proposed rule change and discussed any
                                                  including whether the proposal is                        [FR Doc. 2015–10038 Filed 4–29–15; 8:45 am]           comments it received on the proposed
                                                  consistent with the Act. Comments may                                                                          rule change. The text of these statements
                                                                                                           BILLING CODE 8011–01–P
                                                  be submitted by any of the following                                                                           may be examined at the places specified
                                                  methods:
                                                                                                                                                                   1 15 U.S.C. 78s(b)(1).
                                                    19 15 U.S.C. 78s(b)(3)(A)(ii).                                                                                 2 17 CFR 240.19b–4.
                                                    20 17 CFR 240.19b–4(f)(2).                               21 17   CFR 200.30–3(a)(12).                          3 17 CFR 240.19b–4(f)(6).




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                                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices                                                   24303

                                                  in Item IV below. FINRA has prepared                    identify the original trade when                          Some firms also have requested that
                                                  summaries, set forth in sections A, B,                  reporting a reversal by including the                  they be permitted to report in
                                                  and C below, of the most significant                    control number and report date for the                 accordance with the amendments to the
                                                  aspects of such statements.                             original trade report; 11 (iii) require firms          ADF and TRF rules prior to the
                                                                                                          to report trades executed on non-                      implementation date. The TRFs and the
                                                  A. Self-Regulatory Organization’s
                                                                                                          business days and trades reported more                 ADF are unable to make the necessary
                                                  Statement of the Purpose of, and
                                                                                                          than 365 days after trade date (T+365)                 systems changes available in production
                                                  Statutory Basis for, the Proposed Rule
                                                                                                          to the ADF or a TRF (and not on ‘‘Form                 prior to July 13, 2015 to accommodate
                                                  Change
                                                                                                          T’’ through FINRA’s Firm Gateway) and                  voluntary reporting in accordance with
                                                  1. Purpose                                              further to report non-business day                     the new reporting requirements by some
                                                     On November 12, 2013, FINRA filed                    trades on an ‘‘as/of’’ basis by 8:15 a.m.              firms, while other firms continue to
                                                  proposed rule change SR–FINRA–2013–                     the next business day with the unique                  report under the current reporting
                                                  050 to On November 12, 2013, FINRA                      trade report modifier to denote their                  requirements. Therefore, all firms must
                                                  filed proposed rule change SR–FINRA–                    execution outside normal market                        begin reporting in accordance with the
                                                  2013–050, which among other things,                     hours; 12 (iv) provide that where both                 amendments on July 13, 2015. As noted
                                                  proposed to amend FINRA rules                           sides are submitting a clearing-only                   above, however, firms will have ample
                                                  governing the reporting of over-the-                    report to effectuate a step-out, the                   opportunity to test their systems
                                                  counter (‘‘OTC’’) transactions in NMS                   member transferring out of the position                changes and new reporting processes
                                                  stocks to the ADF and TRFs. The                         must report a step-out and the member                  prior to July 13, 2015.
                                                  proposed rule change was approved by                    receiving the position must report a                      FINRA has filed the proposed rule
                                                  the Commission on February 27, 2014.4                   ‘‘step-in’’; 13 and (v) address the                    change for immediate effectiveness and
                                                  The amendments to the ADF and TRF                       processing of trades that are submitted                has requested that the Commission
                                                  rules relating to millisecond reporting                 for clearing.14 In addition, SR–FINRA–                 waive the requirement that the proposed
                                                  that were approved pursuant to SR–                      2013–050 made a number of non-                         rule change not become operative for 30
                                                  FINRA–2013–050 became effective on                      substantive technical and conforming                   days after the date of the filing. The
                                                  November 10, 2014.5                                     changes to the ADF and TRF rules that                  operative date will be the date of filing
                                                     Pursuant to proposed rule change SR–                 were otherwise being amended.                          of the proposed rule change.
                                                  FINRA–2014–039,6 FINRA proposed to                         Firms have requested additional time
                                                                                                          to make the systems changes necessary                  2. Statutory Basis
                                                  implement the remaining amendments
                                                  to the ADF and TRF trade reporting                      to comply with the new reporting                         FINRA believes that the proposed rule
                                                  rules no later than April 30, 2015, and                 requirements, and in particular, have                  change is consistent with the provisions
                                                  announced an effective date of April 20,                indicated they need additional time to                 of section 15A(b)(6) of the Act,18 which
                                                  2015.7 Specifically, the amendments to                  test the systems changes.15 Given the                  requires, among other things, that
                                                  the ADF and TRF rules (i) require firms                 scope of the changes, FINRA believes                   FINRA rules must be designed to
                                                  to report an additional time field for                  that it is appropriate to extend the                   prevent fraudulent and manipulative
                                                  Stop Stock transactions 8 and                           implementation date and is proposing to                acts and practices, to promote just and
                                                  transactions that reflect an execution                  implement the changes to the ADF and                   equitable principles of trade, and, in
                                                  price that is based on a prior reference                TRF rules approved pursuant to SR–                     general, to protect investors and the
                                                  point in time,9 and when reporting                      FINRA–2013–050 on July 13, 2015.                       public interest. FINRA believes the
                                                  block transactions using the exception                  FINRA believes that this will provide                  proposed rule change is consistent with
                                                  for Intermarket Sweep Orders (ISOs)                     firms ample time to implement and test                 the Act in that it provides firms
                                                  (outbound) under SEC Rule 611 of                        the changes, as it will afford firms                   additional time to complete the systems
                                                  Regulation NMS, if the time the firm                    approximately seven months from the                    changes necessary to comply with SR–
                                                  routed the ISOs is different from the                   date of updated technical specifications               FINRA–2013–050, which amendments
                                                  execution time; 10 (ii) require firms to                (technical specifications for the FINRA/               will, among other things, ensure a more
                                                                                                          NYSE TRF were published on December                    accurate and complete audit trail,
                                                     4 See Securities Exchange Act Release No. 71623      17, 2014 and for the FINRA/NASDAQ                      enable FINRA to recreate more
                                                  (February 27, 2014), 79 FR 12558 (March 5, 2014)        TRF on December 23, 2014) 16 and more                  accurately members’ market activity and
                                                  (Order Approving File No. SR–FINRA–2013–050).           than three months of testing (testing                  enhance FINRA’s ability to surveil on an
                                                     5 The amendments to other rule sets approved
                                                                                                          became available on March 16, 2015 for
                                                  pursuant to SR–FINRA–2013–050 are also effective.                                                              automated basis for compliance with
                                                                                                          the FINRA/NYSE TRF and April 1, 2015
                                                  Specifically, the amendments to the Order Audit                                                                FINRA trade reporting and other rules.
                                                  Trail System rules became effective on April 7,         for the FINRA/NASDAQ TRF).17
                                                  2014, and the amendments to the OTC Reporting                                                                  B. Self-Regulatory Organization’s
                                                  Facility rules became effective on November 17,           11 See Rules 6282(g), 6380A(g) and 6380B(f).         Statement on Burden on Competition
                                                  2014.                                                     12 See Rules 6282(a)(2), 6380A(a)(2) and
                                                     6 See Securities Exchange Act Release No. 73289
                                                                                                          6380B(a)(2).                                             FINRA does not believe that the
                                                  (October 2, 2014), 79 FR 60874 (October 8, 2014)          13 See Rules 7130(g), 7230A(i) and 7230B(h).         proposed rule change will result in any
                                                  (Notice of Filing and Immediate Effectiveness of          14 See Rules 7140, 7240A and 7240B.                  burden on competition that is not
                                                  File No. SR–FINRA–2014–039).
                                                     7 See Regulatory Notice 14–21 (May 2014).
                                                                                                            15 See, e.g., email dated February 12, 2015 from
                                                                                                                                                                 necessary or appropriate in furtherance
                                                                                                          Manisha Kimmel, Managing Director, Financial           of the purposes of the Act. FINRA
                                                     8 See paragraph (F) of Rules 6282(a)(4),
                                                                                                          Information Forum (‘‘FIF’’), requesting a delay of
                                                  6380A(a)(5) and 6380B(a)(5). ‘‘Stop stock               implementation of the amendments to the ADF and        believes that providing adequate time
                                                  transaction’’ means a transaction resulting from an     TRF rules approved pursuant to SR–FINRA–2013–
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                                                  order in which a firm and another party agree that      050.                                                   in its comment letter on SR–FINRA–2013–050 that
                                                  the order will be executed at a stop stock price or       16 Updated technical specifications have not yet     FINRA release TRF technical specifications within
                                                  better, which price is based upon the prices at         been published for the ADF; however, we note that      seven months, and make available a robust test
                                                  which the security is trading at the time the firm      currently no member firms use the ADF for trade        environment within three months, of the
                                                  receives the order. See Rules 6220, 6320A and           reporting to FINRA. FINRA anticipates publishing       implementation date. See Letter from Manisha
                                                  6320B.                                                  updated technical specifications for the ADF           Kimmel, Executive Director, Financial Information
                                                     9 See paragraph (G) of Rules 6282(a)(4),             shortly.                                               Forum, to Elizabeth M. Murphy, Secretary, SEC,
                                                  6380A(a)(5) and 6380B(a)(5).                              17 FINRA notes that this implementation              dated December 20, 2013.
                                                     10 See Rules 6282.03, 6380A.03 and 6380B.03.         schedule is consistent with FIF’s recommendation         18 15 U.S.C. 78o–3(b)(6).




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                                                  24304                           Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

                                                  for firms to make and test the systems                    approved pursuant to SR–FINRA–2013–                  printing in the Commission’s Public
                                                  changes necessary to comply with SR–                      050 in a timely manner. Therefore, the               Reference Room, 100 F Street NE.,
                                                  FINRA–2013–050 will benefit all                           Commission designates the proposal                   Washington, DC 20549, on official
                                                  interested parties.                                       operative upon filing.23                             business days between the hours of
                                                                                                               At any time within 60 days of the                 10:00 a.m. and 3:00 p.m. Copies of such
                                                  C. Self-Regulatory Organization’s                         filing of the proposed rule change, the
                                                  Statement on Comments on the                                                                                   filing also will be available for
                                                                                                            Commission summarily may                             inspection and copying at the principal
                                                  Proposed Rule Change Received From                        temporarily suspend such rule change if
                                                  Members, Participants, or Others                                                                               office of FINRA. All comments received
                                                                                                            it appears to the Commission that such               will be posted without change; the
                                                    A copy of the request for a delay from                  action is: (i) Necessary or appropriate in           Commission does not edit personal
                                                  FIF is attached to the filing submitted by                the public interest; (ii) for the protection         identifying information from
                                                  the Exchange but not attached to the                      of investors; or (iii) otherwise in                  submissions. You should submit only
                                                  published notice of this filing. In                       furtherance of the purposes of the Act.24            information that you wish to make
                                                  response to FIF’s request, as discussed                   If the Commission takes such action, the             available publicly. All submissions
                                                  above, FINRA is proposing to delay                        Commission shall institute proceedings               should refer to File Number SR–FINRA–
                                                  implementation of the amendments to                       to determine whether the proposed rule               2015–008, and should be submitted on
                                                  the ADF and TRF rules approved under                      change should be approved or                         or before May 21, 2015.
                                                  SR–FINRA–2013–050 to July 13, 2015.                       disapproved.25
                                                  FINRA believes that the revised                                                                                  For the Commission, by the Division of
                                                  implementation date will provide                          IV. Solicitation of Comments                         Trading and Markets, pursuant to delegated
                                                                                                                                                                 authority.26
                                                  members additional time to make the                         Interested persons are invited to
                                                                                                            submit written data, views, and                      Brent J. Fields,
                                                  necessary system changes while
                                                  balancing the need to implement the                       arguments concerning the foregoing,                  Secretary.
                                                  amendments without undue delay.                           including whether the proposed rule                  [FR Doc. 2015–10039 Filed 4–29–15; 8:45 am]
                                                                                                            change is consistent with the Act.                   BILLING CODE 8011–01–P
                                                  III. Date of Effectiveness of the                         Comments may be submitted by any of
                                                  Proposed Rule Change and Timing for                       the following methods:
                                                  Commission Action                                                                                              SECURITIES AND EXCHANGE
                                                     Because the foregoing proposed rule                    Electronic Comments                                  COMMISSION
                                                  change does not: (i) Significantly affect                   • Use the Commission’s Internet
                                                                                                                                                                 [File No. 500–1]
                                                  the protection of investors or the public                 comment form (http://www.sec.gov/
                                                  interest; (ii) impose any significant                     rules/sro.shtml); or                                 In the Matter of Jet Neko, Inc., Order
                                                  burden on competition; and (iii) become                     • Send an email to rule-comments@                  of Suspension of Trading
                                                  operative for 30 days from the date on                    sec.gov. Please include File Number SR–
                                                  which it was filed, or such shorter time                  FINRA–2015–008 on the subject line.                  April 28, 2015.
                                                  as the Commission may designate, it has                   Paper Comments                                          It appears to the Securities and
                                                  become effective pursuant to section                                                                           Exchange Commission that there is a
                                                  19(b)(3)(A) of the Act 19 and                               • Send paper comments in triplicate                lack of current and accurate information
                                                  subparagraph (f)(6) of Rule 19b–4                         to Secretary, Securities and Exchange                concerning the securities of Jet Neko,
                                                  thereunder.20                                             Commission, 100 F Street NE.,                        Inc. (CIK No. 1541371), a void Delaware
                                                     A proposed rule change filed under                     Washington, DC 20549–1090.                           corporation with its principal place of
                                                  Rule 19b–4(f)(6) normally does not                        All submissions should refer to File                 business listed as Miyazaki, Japan with
                                                  become operative for 30 days after the                    Number SR–FINRA–2015–008. This file                  stock quoted on OTC Link (previously,
                                                  date of filing.21 However, Rule 19b–                      number should be included on the                     ‘‘Pink Sheets’’) operated by OTC
                                                  4(f)(6)(iii) permits the Commission to                    subject line if email is used. To help the           Markets Group, Inc. (‘‘OTC Link’’) under
                                                  designate a shorter time if such action                   Commission process and review your                   the ticker symbol NEKO, because it has
                                                  is consistent with the protection of                      comments more efficiently, please use                not filed any periodic reports since it
                                                  investors and the public interest.22                      only one method. The Commission will                 filed a Form 10 registration statement on
                                                  FINRA has requested that the                              post all comments on the Commission’s                February 9, 2012. On February 5, 2015,
                                                  Commission waive the 30-day operative                     Internet Web site (http://www.sec.gov/               a delinquency letter was sent by the
                                                  delay so that FINRA can immediately                       rules/sro.shtml). Copies of the                      Division of Corporation Finance to Jet
                                                  delay the implementation dates, as                        submission, all subsequent                           Neko, Inc. requesting compliance with
                                                  provided in this proposal.                                amendments, all written statements                   their periodic filing obligations, but Jet
                                                     The Commission believes that the                       with respect to the proposed rule                    Neko, Inc. did not receive the
                                                  waiver of the 30-day operative delay is                   change that are filed with the                       delinquency letter due to its failure to
                                                  consistent with the protection of                         Commission, and all written                          maintain a valid address on file with the
                                                  investors and the public interest as it                   communications relating to the                       Commission as required by Commission
                                                  will allow FINRA to extend the                            proposed rule change between the                     rules (Rule 301 of Regulation S–T, 17
                                                  implementation dates of certain changes                   Commission and any person, other than                CFR 232.301 and Section 5.4 of EDGAR
                                                                                                            those that may be withheld from the                  Filer Manual).
                                                    19 15  U.S.C. 78s(b)(3)(A).                             public in accordance with the                           The Commission is of the opinion that
                                                    20 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      provisions of 5 U.S.C. 552, will be
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                                                  4(f)(6) requires a self-regulatory organization to give                                                        the public interest and the protection of
                                                  the Commission written notice of its intent to file       available for Web site viewing and                   investors require a suspension of trading
                                                  the proposed rule change at least five business days                                                           in the securities of Jet Neko, Inc.
                                                  prior to the date of filing of the proposed rule            23 For purposes only of waiving the 30-day
                                                                                                                                                                    Therefore, it is ordered, pursuant to
                                                  change, or such shorter time as designated by the         operative delay, the Commission has considered the
                                                  Commission. The Exchange has satisfied this               proposed rule’s impact on efficiency, competition,   Section 12(k) of the Securities Exchange
                                                  requirement.                                              and capital formation. See 15 U.S.C. 78c(f).         Act of 1934, that trading in the
                                                    21 17 CFR 240.19b–4(f)(6)(iii).                           24 15 U.S.C. 78s(b)(3)(C).
                                                    22 Id.                                                    25 Id.                                               26 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-21 10:15:06
Document Modified: 2018-02-21 10:15:06
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 24302 

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