80_FR_39950 80 FR 39818 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend FINRA Rule 7650A Relating to Submission of Billing Disputes by FINRA/Nasdaq Trade Reporting Facility Participants

80 FR 39818 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend FINRA Rule 7650A Relating to Submission of Billing Disputes by FINRA/Nasdaq Trade Reporting Facility Participants

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 132 (July 10, 2015)

Page Range39818-39820
FR Document2015-16859

Federal Register, Volume 80 Issue 132 (Friday, July 10, 2015)
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Notices]
[Pages 39818-39820]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16859]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75364; File No. SR-FINRA-2015-024]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend FINRA Rule 7650A Relating to Submission 
of Billing Disputes by FINRA/Nasdaq Trade Reporting Facility 
Participants

July 6, 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 July 1, 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 amend FINRA Rule 7650A (Collection of Fees) 
to require FINRA members that are FINRA/Nasdaq Trade Reporting Facility 
(``FINRA/Nasdaq TRF'') participants to submit billing disputes within 
sixty days of receipt of the invoice to the FINRA/Nasdaq TRF. The 
proposed rule change also would rename Rule 7650A as ``Collection of 
Fees and Billing Policy.''
    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 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
    The FINRA/Nasdaq TRF is a facility of FINRA that is operated by The 
NASDAQ OMX Group, Inc. (``NASDAQ OMX''). In connection with the 
establishment of the FINRA/Nasdaq TRF, FINRA and NASDAQ OMX entered 
into a limited liability company agreement (the ``LLC Agreement''). 
Under the LLC Agreement, FINRA, the ``SRO Member,'' has sole regulatory 
responsibility for the FINRA/Nasdaq TRF. NASDAQ OMX, the ``Business 
Member,'' is primarily responsible for the management of the FINRA/
Nasdaq TRF's business affairs to the extent those affairs are not 
inconsistent with the regulatory and oversight functions of FINRA. As 
such, the Business Member establishes pricing for use of the FINRA/

[[Page 39819]]

Nasdaq TRF, and such pricing is implemented pursuant to FINRA rules 
that must be filed with the SEC and be consistent with the Act. In 
addition, the Business Member is obligated to pay the cost of 
regulation and is entitled to the profits and losses, if any, derived 
from the operation of the FINRA/Nasdaq TRF.
    Pursuant to the FINRA Rule 7600A Series, FINRA members that are 
FINRA/Nasdaq TRF participants are charged fees (Rule 7620A) and also 
may qualify for credits for trade reporting to the FINRA/Nasdaq TRF 
(Rule 7610A). These rules are administered by NASDAQ OMX, in its 
capacity as the ``Business Member'' and operator of the FINRA/Nasdaq 
TRF on behalf of FINRA,\4\ and NASDAQ OMX collects all fees on behalf 
of the FINRA/Nasdaq TRF.
---------------------------------------------------------------------------

    \4\ FINRA's oversight of this function performed by the Business 
Member is conducted through a recurring assessment and review of TRF 
operations by an outside independent audit firm.
---------------------------------------------------------------------------

    On June 23, 2015, FINRA filed a proposed rule change to adopt Rule 
7650A to require FINRA members that are FINRA/Nasdaq TRF participants 
to provide a clearing account number for an account at National 
Securities Clearing Corporation (``NSCC'') to the FINRA/Nasdaq TRF for 
purposes of permitting NASDAQ OMX, on behalf of the FINRA/Nasdaq TRF, 
to debit any undisputed or final fees due and owing under the FINRA 
Rule 7600A Series relating to the FINRA/Nasdaq TRF.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 75339 (June 30, 
2015) (Notice of Filing and Immediate Effectiveness; File No. SR-
FINRA-2015-021).
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    FINRA is proposing to amend Rule 7650A to add a new paragraph (b) 
to require all billing disputes to be submitted to the FINRA/Nasdaq TRF 
in writing \6\ and accompanied by supporting documentation within sixty 
days of receipt of an invoice. This process is expected to conserve 
resources, which are expended when untimely billing disputes require 
research of applicable fees and other information beyond two months 
after the invoice was issued. The proposed billing policy would apply 
only to fees due and owing by the member under the Rule 7600A Series. 
FINRA notes that the same policy with respect to billing disputes is in 
place today for NASDAQ Options Market (``NOM'') Participants \7\ and 
has been proposed for NASDAQ equity participants relating to exchange 
fees and charges under Nasdaq Stock Market rules, effective July 1, 
2015.\8\ FINRA also is proposing to rename Rule 7650A as ``Collection 
of Fees and Billing Policy.''
---------------------------------------------------------------------------

    \6\ The invoice specifies the contact person(s) to whom to 
address billing disputes.
    \7\ See NOM Rules at Chapter XV, Section 7, entitled ``NASDAQ 
Options Fee Disputes.''
    \8\ See Securities Exchange Act Release No. 74895 (May 7, 2015), 
80 FR 27352 (May 13, 2015) (Notice of Filing and Immediate 
Effectiveness; File No. SR-NASDAQ-2015-050).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate 
effectiveness and requested waiver of the 30-day operative delay. FINRA 
proposes that the proposed rule change will become operative on July 1, 
2015. The proposed billing policy would apply to invoices for trade 
reporting activity occurring in July 2015 and thereafter.\9\
---------------------------------------------------------------------------

    \9\ The proposed billing policy would not apply to invoices 
related to June 2015 (or prior) billing.
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\10\ 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. Consistent with SR-NASDAQ-2015-050, the proposed 
requirement that billing disputes under the Rule 7600A Series be 
submitted to the FINRA/Nasdaq TRF within sixty days from receipt of the 
invoice would set an objective standard and would be fair and applied 
uniformly to all members that are FINRA/Nasdaq TRF participants. In 
addition, consistent with SR-NASDAQ-2015-050, sixty days is ample time 
for members to review an invoice and dispute any billing related to 
trade reporting activity for that time period. As noted above, an 
identical billing policy applies today with respect to NOM participants 
and has been proposed for NASDAQ equity participants.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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. As described above, and 
consistent with the LLC Agreement, the proposed billing policy is 
identical to the billing policy NASDAQ OMX currently has in place for 
NOM participants and is also identical to the billing policy proposed 
by Nasdaq for Nasdaq equity participants under Nasdaq Stock Market 
rules. As the Business Member, NASDAQ OMX has the obligation of 
assessing the potential impacts of the proposed billing policy in its 
own rulemaking. FINRA notes that Nasdaq's billing policy was subject to 
proposed rule changes filed by Nasdaq with the Commission.\11\
---------------------------------------------------------------------------

    \11\ See, e.g., Securities Exchange Act Release No. 74895 (May 
7, 2015), 80 FR 27352 (May 13, 2015) (Notice of Filing and Immediate 
Effectiveness; File No. SR-NASDAQ-2015-050).
---------------------------------------------------------------------------

    Consistent with SR-NASDAQ-2015-050, the proposed billing policy 
would apply uniformly to all members that are FINRA/Nasdaq TRF 
participants, as it does today with NOM participants and as proposed 
for Nasdaq equity participants. In addition, consistent with SR-NASDAQ-
2015-050, the proposed billing policy would conserve FINRA/Nasdaq TRF 
resources, which are expended when untimely billing disputes require 
staff to research applicable fees and other information beyond two 
months after the invoice is issued.

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

    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 \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative before 30 days from the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    FINRA has asked the Commission to waive the 30-day operative delay. 
The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
The proposed rule change proposes a billing policy that is identical to 
the billing policy proposed by Nasdaq relating to fees under Nasdaq 
Stock Market rules pursuant to SR-NASDAQ-2015-050. The operative date

[[Page 39820]]

of proposed rule change SR-NASDAQ-2015-050 is July 1, 2015. FINRA 
believes, and the Commission agrees, that it would be more efficient to 
implement the billing policy under this proposed rule change on the 
same date as the billing policy under SR-NASDAQ-2015-050, rather than 
on a piecemeal basis. Therefore, the Commission hereby waives the 30-
day operative delay and designates the proposed rule change to be 
operative upon filing with the Commission.\15\
---------------------------------------------------------------------------

    \15\ For purposes only of waiving the operative delay for this 
proposal, 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. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-FINRA-2015-024 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-2015-024. 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 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-2015-024, and should 
be submitted on or before July 31, 2015

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-16859 Filed 7-9-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  39818                            Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Notices

                                                  proposed rule change effects a change                    change that are filed with the                          19b–4 under the Act,3 which renders
                                                  that (A) does not significantly affect the               Commission, and all written                             the proposal effective upon receipt of
                                                  protection of investors or the public                    communications relating to the                          this filing by the Commission. The
                                                  interest; (B) does not impose any                        proposed rule change between the                        Commission is publishing this notice to
                                                  significant burden on competition; and                   Commission and any person, other than                   solicit comments on the proposed rule
                                                  (C) by its terms, does not become                        those that may be withheld from the                     change from interested persons.
                                                  operative for 30 days after the date of                  public in accordance with the                           I. Self-Regulatory Organization’s
                                                  the filing, or such shorter time as the                  provisions of 5 U.S.C. 552, will be                     Statement of the Terms of the Substance
                                                  Commission may designate if consistent                   available for Web site viewing and                      of the Proposed Rule Change
                                                  with the protection of investors and the                 printing in the Commission’s Public
                                                  public interest; provided that the self-                 Reference Room, 100 F Street NE.,                          FINRA is proposing to amend FINRA
                                                  regulatory organization has given the                    Washington, DC 20549 on official                        Rule 7650A (Collection of Fees) to
                                                  Commission written notice of its intent                  business days between the hours of                      require FINRA members that are
                                                  to file the proposed rule change, along                  10:00 a.m. and 3:00 p.m. Copies of such                 FINRA/Nasdaq Trade Reporting Facility
                                                  with a brief description and text of the                 filing also will be available for                       (‘‘FINRA/Nasdaq TRF’’) participants to
                                                  proposed rule change, at least five                      inspection and copying at the principal                 submit billing disputes within sixty
                                                  business days prior to the date of filing                offices of the Exchange. All comments                   days of receipt of the invoice to the
                                                  of the proposed rule change, or such                     received will be posted without change;                 FINRA/Nasdaq TRF. The proposed rule
                                                  shorter time as designated by the                        the Commission does not edit personal                   change also would rename Rule 7650A
                                                  Commission.                                              identifying information from                            as ‘‘Collection of Fees and Billing
                                                     At any time within 60 days of the                     submissions. You should submit only                     Policy.’’
                                                  filing of the proposed rule change, the                  information that you wish to make                          The text of the proposed rule change
                                                  Commission may summarily                                                                                         is available on FINRA’s Web site at
                                                                                                           available publicly. All submissions
                                                  temporarily suspend such rule change if                                                                          http://www.finra.org, at the principal
                                                                                                           should refer to File Number SR–BATS–
                                                  it appears to the Commission that such                                                                           office of FINRA and at the
                                                                                                           2015–51, and should be submitted on or
                                                  action is: (1) Necessary or appropriate in                                                                       Commission’s Public Reference Room.
                                                                                                           before July 31, 2015.
                                                  the public interest; (2) for the protection                                                                      II. Self-Regulatory Organization’s
                                                                                                             For the Commission, by the Division of
                                                  of investors; or (3) otherwise in                        Trading and Markets, pursuant to delegated              Statement of the Purpose of, and
                                                  furtherance of the purposes of the Act.                  authority.15                                            Statutory Basis for, the Proposed Rule
                                                  If the Commission takes such action, the                 Brent J. Fields,                                        Change
                                                  Commission shall institute proceedings
                                                                                                           Secretary.                                                 In its filing with the Commission,
                                                  to determine whether the proposed rule
                                                                                                           [FR Doc. 2015–16857 Filed 7–9–15; 8:45 am]              FINRA included statements concerning
                                                  should be approved or disapproved.
                                                                                                           BILLING CODE 8011–01–P                                  the purpose of and basis for the
                                                  IV. Solicitation of Comments                                                                                     proposed rule change and discussed any
                                                    Interested persons are invited to                                                                              comments it received on the proposed
                                                  submit written data, views, and                          SECURITIES AND EXCHANGE                                 rule change. The text of these statements
                                                  arguments concerning the foregoing,                      COMMISSION                                              may be examined at the places specified
                                                  including whether the proposed rule                                                                              in Item IV below. FINRA has prepared
                                                                                                           [Release No. 34–75364; File No. SR–FINRA–               summaries, set forth in sections A, B,
                                                  change is consistent with the Act.                       2015–024]
                                                  Comments may be submitted by any of                                                                              and C below, of the most significant
                                                  the following methods:                                                                                           aspects of such statements.
                                                                                                           Self-Regulatory Organizations;
                                                  Electronic Comments                                      Financial Industry Regulatory                           A. Self-Regulatory Organization’s
                                                                                                           Authority, Inc.; Notice of Filing and                   Statement of the Purpose of, and
                                                    • Use the Commission’s Internet                        Immediate Effectiveness of a Proposed                   Statutory Basis for, the Proposed Rule
                                                  comment form (http://www.sec.gov/                        Rule Change To Amend FINRA Rule                         Change
                                                  rules/sro.shtml); or                                     7650A Relating to Submission of
                                                    • Send an email to rule-comments@                      Billing Disputes by FINRA/Nasdaq
                                                                                                                                                                   1. Purpose
                                                  sec.gov. Please include File Number SR–                  Trade Reporting Facility Participants                      The FINRA/Nasdaq TRF is a facility
                                                  BATS–2015–51 on the subject line.                                                                                of FINRA that is operated by The
                                                                                                           July 6, 2015.                                           NASDAQ OMX Group, Inc. (‘‘NASDAQ
                                                  Paper Comments
                                                                                                              Pursuant to Section 19(b)(1) of the                  OMX’’). In connection with the
                                                    • Send paper comments in triplicate                    Securities Exchange Act of 1934                         establishment of the FINRA/Nasdaq
                                                  to Brent J. Fields, Secretary, Securities                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 TRF, FINRA and NASDAQ OMX
                                                  and Exchange Commission, 100 F Street                    notice is hereby given that on July 1,                  entered into a limited liability company
                                                  NE., Washington, DC 20549–1090.                          2015, Financial Industry Regulatory                     agreement (the ‘‘LLC Agreement’’).
                                                  All submissions should refer to File                     Authority, Inc. (‘‘FINRA’’) filed with the              Under the LLC Agreement, FINRA, the
                                                  Number SR–BATS–2015–51. This file                        Securities and Exchange Commission                      ‘‘SRO Member,’’ has sole regulatory
                                                  number should be included on the                         (‘‘SEC’’ or ‘‘Commission’’) the proposed                responsibility for the FINRA/Nasdaq
                                                  subject line if email is used. To help the               rule change as described in Items I and                 TRF. NASDAQ OMX, the ‘‘Business
                                                  Commission process and review your                       II below, which Items have been                         Member,’’ is primarily responsible for
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  comments more efficiently, please use                    prepared by FINRA. FINRA has                            the management of the FINRA/Nasdaq
                                                  only one method. The Commission will                     designated the proposed rule change as                  TRF’s business affairs to the extent
                                                  post all comments on the Commission’s                    constituting a ‘‘non-controversial’’ rule               those affairs are not inconsistent with
                                                  Internet Web site (http://www.sec.gov/                   change under paragraph (f)(6) of Rule                   the regulatory and oversight functions of
                                                  rules/sro.shtml). Copies of the                                                                                  FINRA. As such, the Business Member
                                                  submission, all subsequent                                    15 17 CFR 200.30–3(a)(12).                         establishes pricing for use of the FINRA/
                                                  amendments, all written statements                            1 15 U.S.C. 78s(b)(1).
                                                  with respect to the proposed rule                             2 17 CFR 240.19b–4.                                  3 17   CFR 240.19b–4(f)(6).



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                                                                                   Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Notices                                                    39819

                                                  Nasdaq TRF, and such pricing is                          Market rules, effective July 1, 2015.8                proposed billing policy in its own
                                                  implemented pursuant to FINRA rules                      FINRA also is proposing to rename Rule                rulemaking. FINRA notes that Nasdaq’s
                                                  that must be filed with the SEC and be                   7650A as ‘‘Collection of Fees and Billing             billing policy was subject to proposed
                                                  consistent with the Act. In addition, the                Policy.’’                                             rule changes filed by Nasdaq with the
                                                  Business Member is obligated to pay the                    FINRA has filed the proposed rule                   Commission.11
                                                  cost of regulation and is entitled to the                change for immediate effectiveness and                   Consistent with SR–NASDAQ–2015–
                                                  profits and losses, if any, derived from                 requested waiver of the 30-day operative              050, the proposed billing policy would
                                                  the operation of the FINRA/Nasdaq                        delay. FINRA proposes that the                        apply uniformly to all members that are
                                                  TRF.                                                     proposed rule change will become                      FINRA/Nasdaq TRF participants, as it
                                                     Pursuant to the FINRA Rule 7600A                      operative on July 1, 2015. The proposed               does today with NOM participants and
                                                  Series, FINRA members that are FINRA/                    billing policy would apply to invoices                as proposed for Nasdaq equity
                                                  Nasdaq TRF participants are charged                      for trade reporting activity occurring in             participants. In addition, consistent
                                                                                                           July 2015 and thereafter.9                            with SR–NASDAQ–2015–050, the
                                                  fees (Rule 7620A) and also may qualify
                                                                                                                                                                 proposed billing policy would conserve
                                                  for credits for trade reporting to the                   2. Statutory Basis
                                                                                                                                                                 FINRA/Nasdaq TRF resources, which
                                                  FINRA/Nasdaq TRF (Rule 7610A).                              FINRA believes that the proposed rule              are expended when untimely billing
                                                  These rules are administered by                          change is consistent with the provisions              disputes require staff to research
                                                  NASDAQ OMX, in its capacity as the                       of Section 15A(b)(6) of the Act,10 which              applicable fees and other information
                                                  ‘‘Business Member’’ and operator of the                  requires, among other things, that                    beyond two months after the invoice is
                                                  FINRA/Nasdaq TRF on behalf of                            FINRA rules must be designed to                       issued.
                                                  FINRA,4 and NASDAQ OMX collects all                      prevent fraudulent and manipulative
                                                  fees on behalf of the FINRA/Nasdaq                       acts and practices, to promote just and               C. Self-Regulatory Organization’s
                                                  TRF.                                                     equitable principles of trade, and, in                Statement on Comments on the
                                                     On June 23, 2015, FINRA filed a                       general, to protect investors and the                 Proposed Rule Change Received From
                                                  proposed rule change to adopt Rule                       public interest. Consistent with SR–                  Members, Participants, or Others
                                                  7650A to require FINRA members that                      NASDAQ–2015–050, the proposed                           Written comments were neither
                                                  are FINRA/Nasdaq TRF participants to                     requirement that billing disputes under               solicited nor received.
                                                  provide a clearing account number for                    the Rule 7600A Series be submitted to
                                                                                                                                                                 III. Date of Effectiveness of the
                                                  an account at National Securities                        the FINRA/Nasdaq TRF within sixty
                                                                                                                                                                 Proposed Rule Change and Timing for
                                                  Clearing Corporation (‘‘NSCC’’) to the                   days from receipt of the invoice would
                                                                                                                                                                 Commission Action
                                                  FINRA/Nasdaq TRF for purposes of                         set an objective standard and would be
                                                  permitting NASDAQ OMX, on behalf of                      fair and applied uniformly to all                        Because the foregoing proposed rule
                                                  the FINRA/Nasdaq TRF, to debit any                       members that are FINRA/Nasdaq TRF                     change does not: (i) Significantly affect
                                                  undisputed or final fees due and owing                   participants. In addition, consistent                 the protection of investors or the public
                                                  under the FINRA Rule 7600A Series                        with SR–NASDAQ–2015–050, sixty                        interest; (ii) impose any significant
                                                  relating to the FINRA/Nasdaq TRF.5                       days is ample time for members to                     burden on competition; and (iii) become
                                                                                                           review an invoice and dispute any                     operative for 30 days from the date on
                                                     FINRA is proposing to amend Rule
                                                                                                           billing related to trade reporting activity           which it was filed, or such shorter time
                                                  7650A to add a new paragraph (b) to
                                                                                                           for that time period. As noted above, an              as the Commission may designate, it has
                                                  require all billing disputes to be
                                                                                                           identical billing policy applies today                become effective pursuant to Section
                                                  submitted to the FINRA/Nasdaq TRF in
                                                                                                           with respect to NOM participants and                  19(b)(3)(A) of the Act 12 and Rule 19b–
                                                  writing 6 and accompanied by
                                                                                                           has been proposed for NASDAQ equity                   4(f)(6) thereunder.13
                                                  supporting documentation within sixty                                                                             A proposed rule change filed under
                                                  days of receipt of an invoice. This                      participants.
                                                                                                                                                                 Rule 19b–4(f)(6) normally does not
                                                  process is expected to conserve                          B. Self-Regulatory Organization’s                     become operative before 30 days from
                                                  resources, which are expended when                       Statement on Burden on Competition                    the date of the filing. However, pursuant
                                                  untimely billing disputes require                           FINRA does not believe that the                    to Rule 19b–4(f)(6)(iii),14 the
                                                  research of applicable fees and other                    proposed rule change will result in any               Commission may designate a shorter
                                                  information beyond two months after                      burden on competition that is not                     time if such action is consistent with the
                                                  the invoice was issued. The proposed                     necessary or appropriate in furtherance               protection of investors and the public
                                                  billing policy would apply only to fees                  of the purposes of the Act. As described              interest.
                                                  due and owing by the member under the                    above, and consistent with the LLC                       FINRA has asked the Commission to
                                                  Rule 7600A Series. FINRA notes that the                  Agreement, the proposed billing policy                waive the 30-day operative delay. The
                                                  same policy with respect to billing                      is identical to the billing policy                    Commission believes that waiving the
                                                  disputes is in place today for NASDAQ                    NASDAQ OMX currently has in place                     30-day operative delay is consistent
                                                  Options Market (‘‘NOM’’) Participants 7                  for NOM participants and is also                      with the protection of investors and the
                                                  and has been proposed for NASDAQ                         identical to the billing policy proposed              public interest. The proposed rule
                                                  equity participants relating to exchange                 by Nasdaq for Nasdaq equity                           change proposes a billing policy that is
                                                  fees and charges under Nasdaq Stock                      participants under Nasdaq Stock Market                identical to the billing policy proposed
                                                                                                           rules. As the Business Member,                        by Nasdaq relating to fees under Nasdaq
                                                     4 FINRA’s oversight of this function performed by
                                                                                                           NASDAQ OMX has the obligation of                      Stock Market rules pursuant to SR–
                                                  the Business Member is conducted through a
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                                                  recurring assessment and review of TRF operations        assessing the potential impacts of the                NASDAQ–2015–050. The operative date
                                                  by an outside independent audit firm.
                                                     5 See Securities Exchange Act Release No. 75339         8 See Securities Exchange Act Release No. 74895       11 See, e.g., Securities Exchange Act Release No.

                                                  (June 30, 2015) (Notice of Filing and Immediate          (May 7, 2015), 80 FR 27352 (May 13, 2015) (Notice     74895 (May 7, 2015), 80 FR 27352 (May 13, 2015)
                                                  Effectiveness; File No. SR–FINRA–2015–021).              of Filing and Immediate Effectiveness; File No. SR–   (Notice of Filing and Immediate Effectiveness; File
                                                     6 The invoice specifies the contact person(s) to      NASDAQ–2015–050).                                     No. SR–NASDAQ–2015–050).
                                                                                                                                                                   12 15 U.S.C. 78s(b)(3)(A).
                                                  whom to address billing disputes.                          9 The proposed billing policy would not apply to
                                                     7 See NOM Rules at Chapter XV, Section 7,             invoices related to June 2015 (or prior) billing.       13 17 CFR 240.19b–4(f)(6).

                                                  entitled ‘‘NASDAQ Options Fee Disputes.’’                  10 15 U.S.C. 78o–3(b)(6).                             14 17 CFR 240.19b–4(f)(6)(iii).




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                                                  39820                            Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Notices

                                                  of proposed rule change SR–NASDAQ–                       communications relating to the                          address shown in its then-most recent
                                                  2015–050 is July 1, 2015. FINRA                          proposed rule change between the                        filing with the Commission, but ARRI
                                                  believes, and the Commission agrees,                     Commission and any person, other than                   did not receive the delinquency letter
                                                  that it would be more efficient to                       those that may be withheld from the                     due to its failure to maintain a valid
                                                  implement the billing policy under this                  public in accordance with the                           address on file with the Commission as
                                                  proposed rule change on the same date                    provisions of 5 U.S.C. 552, will be                     required by Commission rules (Rule 301
                                                  as the billing policy under SR–                          available for Web site viewing and                      of Regulation S–T, 17 CFR 232.301 and
                                                  NASDAQ–2015–050, rather than on a                        printing in the Commission’s Public                     Section 5.4 of the EDGAR Filer Manual).
                                                  piecemeal basis. Therefore, the                          Reference Room, 100 F Street NE.,                          It appears to the Securities and
                                                  Commission hereby waives the 30-day                      Washington, DC 20549 on official                        Exchange Commission that there is a
                                                  operative delay and designates the                       business days between the hours of                      lack of current and accurate information
                                                  proposed rule change to be operative                     10:00 a.m. and 3:00 p.m. Copies of such                 concerning the securities of Gundaker/
                                                  upon filing with the Commission.15                       filing also will be available for                       Jordan American Holdings, Inc. (a/k/a
                                                     At any time within 60 days of the                     inspection and copying at the principal                 Jordan American Holdings, Inc.) (CIK
                                                  filing of the proposed rule change, the                  offices of FINRA. All comments                          No. 855663) (‘‘JAHI’’), a Florida
                                                  Commission summarily may                                 received will be posted without change;                 corporation with its principal place of
                                                  temporarily suspend such rule change if                  the Commission does not edit personal                   business in Excello, Missouri, with
                                                  it appears to the Commission that such                   identifying information from                            stock quoted on OTC Link, because it
                                                  action is: (i) Necessary or appropriate in               submissions. You should submit only                     has not filed any periodic reports since
                                                  the public interest; (ii) for the protection             information that you wish to make                       the period ended September 30, 2005.
                                                  of investors; or (iii) otherwise in                      available publicly. All submissions                     On March 19, 2015, Corporation
                                                  furtherance of the purposes of the Act.                  should refer to File Number SR–FINRA–                   Finance sent a delinquency letter to
                                                  If the Commission takes such action, the                 2015–024, and should be submitted on                    JAHI requesting compliance with its
                                                  Commission shall institute proceedings                   or before July 31, 2015                                 periodic reporting obligations at the
                                                  to determine whether the proposed rule                     For the Commission, by the Division of                address shown in its then-most recent
                                                  should be approved or disapproved.                       Trading and Markets, pursuant to delegated              filing with the Commission, but JAHI
                                                                                                           authority.16                                            did not receive the delinquency letter
                                                  IV. Solicitation of Comments
                                                                                                           Brent J. Fields,                                        due to its failure to maintain a valid
                                                    Interested persons are invited to                                                                              address on file with the Commission as
                                                                                                           Secretary.
                                                  submit written data, views, and                                                                                  required by Commission rules (Rule 301
                                                                                                           [FR Doc. 2015–16859 Filed 7–9–15; 8:45 am]
                                                  arguments concerning the foregoing,                                                                              of Regulation S–T, 17 CFR 232.301 and
                                                  including whether the proposed rule                      BILLING CODE 8011–01–P
                                                                                                                                                                   Section 5.4 of the EDGAR Filer Manual).
                                                  change is consistent with the Act.                                                                                  It appears to the Securities and
                                                  Comments may be submitted by any of                                                                              Exchange Commission that there is a
                                                                                                           SECURITIES AND EXCHANGE
                                                  the following methods:                                                                                           lack of current and accurate information
                                                                                                           COMMISSION
                                                  Electronic Comments                                                                                              concerning the securities of Liberty
                                                                                                           [File No. 500–1]                                        Petroleum Corporation (CIK No. 59270)
                                                    • Use the Commission’s Internet                                                                                (‘‘LBPE’’), a Delaware corporation with
                                                  comment form (http://www.sec.gov/                        In the Matter of Arrin Corporation,                     its principal place of business in New
                                                  rules/sro.shtml); or                                     Gundaker/Jordan American Holdings                       York, New York, with stock quoted on
                                                    • Send an email to rule-comments@                      (a/k/a Jordan American Holdings, Inc.),                 OTC Link, because it has not filed any
                                                  sec.gov. Please include File Number SR–                  Liberty Petroleum Corporation, Mikojo                   periodic reports since the period ended
                                                  FINRA–2015–024 on the subject line.                      Incorporated, Royal Invest                              June 30, 1987. On August 24, 2012,
                                                                                                           International Corp., and San Joaquin                    Corporation Finance sent a delinquency
                                                  Paper Comments
                                                                                                           Bancorp; Order of Suspension of                         letter to LBPE requesting compliance
                                                    • Send paper comments in triplicate                    Trading                                                 with its periodic reporting obligations at
                                                  to Secretary, Securities and Exchange
                                                                                                           July 8, 2015.                                           the address shown in its then-most
                                                  Commission, 100 F Street NE.,
                                                                                                              It appears to the Securities and                     recent filing with the Commission, but
                                                  Washington, DC 20549–1090.
                                                                                                           Exchange Commission that there is a                     LBPE did not receive the delinquency
                                                  All submissions should refer to File                                                                             letter due to its failure to maintain a
                                                  Number SR–FINRA–2015–024. This file                      lack of current and accurate information
                                                                                                           concerning the securities of Arrin                      valid address on file with the
                                                  number should be included on the                                                                                 Commission as required by Commission
                                                  subject line if email is used. To help the               Corporation (CIK No. 1427433)
                                                                                                           (‘‘ARRI’’ 1), a revoked Nevada                          rules (Rule 301 of Regulation S–T, 17
                                                  Commission process and review your                                                                               CFR 232.301 and Section 5.4 of the
                                                  comments more efficiently, please use                    corporation with its principal place of
                                                                                                           business in Bradenton, Florida, with                    EDGAR Filer Manual).
                                                  only one method. The Commission will                                                                                It appears to the Securities and
                                                  post all comments on the Commission’s                    stock quoted on OTC Link (previously,
                                                                                                           ‘‘Pink Sheets’’) operated by OTC                        Exchange Commission that there is a
                                                  Internet Web site (http://www.sec.gov/                                                                           lack of current and accurate information
                                                  rules/sro.shtml). Copies of the                          Markets Group Inc. (‘‘OTC Link’’)
                                                                                                           because it has not filed any periodic                   concerning the securities of Mikojo
                                                  submission, all subsequent                                                                                       Incorporated (CIK No. 1411085)
                                                                                                           reports since the period ended March
                                                  amendments, all written statements                                                                               (‘‘MKJI’’), a void Delaware corporation
                                                                                                           31, 2011. On June 26, 2013, the Division
                                                  with respect to the proposed rule
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                                                                                                           of Corporation Finance (‘‘Corporation                   with its principal place of business in
                                                  change that are filed with the                                                                                   Foster City, California, with stock
                                                                                                           Finance’’) sent a delinquency letter to
                                                  Commission, and all written                                                                                      quoted on OTC Link, because it has not
                                                                                                           ARRI requesting compliance with its
                                                                                                           periodic reporting obligations at the                   filed any periodic reports since the
                                                     15 For purposes only of waiving the operative
                                                                                                                                                                   period ended March 31, 2011. On April
                                                  delay for this proposal, the Commission has
                                                  considered the proposed rule’s impact on                      16 17
                                                                                                                   CFR 200.30–3(a)(12).                            29, 2013, Corporation Finance sent a
                                                  efficiency, competition, and capital formation. See           1 The
                                                                                                                    short form of each issuer’s name is also its   delinquency letter to MKJI requesting
                                                  15 U.S.C. 78c(f).                                        ticker symbol.                                          compliance with its periodic reporting


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Document Created: 2018-02-23 09:15:35
Document Modified: 2018-02-23 09:15:35
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 39818 

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