80 FR 76053 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Rule Cross-References and Make Non-Substantive Technical Changes to Certain FINRA Rules
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 234 (December 7, 2015)
Federal Register Volume 80, Issue 234 (December 7, 2015)
| Page Range | 76053-76055 | |
| FR Document | 2015-30721 |
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)] [Notices] [Pages 76053-76055] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30721] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76532; File No. SR-FINRA-2015-050] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Rule Cross-References and Make Non- Substantive Technical Changes to Certain FINRA Rules December 1, 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 November 24, 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- [[Page 76054]] I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change FINRA is proposing to update cross-references and make other non- substantive changes within FINRA rules, primarily as the result of approval of a new consolidated FINRA rule. 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 FINRA is in the process of developing a consolidated rulebook (``Consolidated FINRA Rulebook'').\4\ That process involves FINRA submitting to the Commission for approval a series of proposed rule changes over time to adopt rules in the Consolidated FINRA Rulebook. The phased adoption and implementation of those rules necessitates periodic amendments to update rule cross-references and other non- substantive changes in the Consolidated FINRA Rulebook. --------------------------------------------------------------------------- \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2) NASD Rules; and (3) rules incorporated from NYSE (``Incorporated NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules are referred to as the ``Transitional Rulebook''). While the NASD Rules generally apply to all FINRA members, the Incorporated NYSE Rules apply only to those members of FINRA that are also members of the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA members, unless such rules have a more limited application by their terms. For more information about the rulebook consolidation process, see Information Notice, March 12, 2008 (Rulebook Consolidation Process). --------------------------------------------------------------------------- The proposed rule change would make several such changes, as well as other non-substantive changes unrelated to the adoption of rules in the Consolidated FINRA Rulebook. First, the proposed rule change would update rule cross-references to reflect the adoption of a consolidated equity research conflict of interest rule. On July 16, 2015, the SEC approved a proposed rule change to adopt NASD Rule 2711 as FINRA Rule 2241 (Research Analysts and Research Reports), with several modifications. As part of that rule filing, FINRA also amended FINRA Rule 9610, NASD Rule 1050, and Incorporated NYSE Rules 344 and 472, and deleted in their entirety the corresponding Incorporated NYSE Rule 351 and Incorporated NYSE Rule Interpretation 472.\5\ Rule 2241 will be fully implemented on December 24, 2015. As such, the proposed rule change would update references to the new rule number in FINRA Rules 1250 (Continuing Education Requirements), 2210 (Communications with the Public), 5230 (Payments Involving Publications that Influence the Market Price of a Security), and 9217 (Violations Appropriate for Disposition Under Plan Pursuant to SEA Rule 19d-1(c)(2)).\6\ --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 75471 (July 16, 2015), 80 FR 43482 (July 22, 2015) (Order Approving File No. SR- FINRA-2014-047) and Regulatory Notice 15-30 (August 2015). \6\ The proposed rule change also would delete a reference in FINRA Rule 9217 to Incorporated NYSE Rule 345.11, which was previously deleted from the FINRA Manual. See Securities Exchange Act Release No. 73966 (December 30, 2014), 80 FR 546 (January 6, 2015) (Order Approving File No. SR-FINRA-2014-038). --------------------------------------------------------------------------- Second, the proposed rule change would make technical changes to FINRA Rules 2272 (Sales and Offers of Sales of Securities on Military Installations) \7\ and 6250 (Quote and Order Access Requirements) \8\ to reflect FINRA Manual style convention changes and correct cross references within Rule 6250, respectively. --------------------------------------------------------------------------- \7\ See Securities Exchange Act Release No. 75633 (August 6, 2015), 80 FR 48376 (August 12, 2015) (Order Approving File No. SR- FINRA-2015-009) and Regulatory Notice 15-34 (October 2015). \8\ See Securities Exchange Act Release No. 71467 (February 3, 2014), 79 FR 7485 (February 7, 2014) (Order Approving File No. SR- FINRA-2013-053). --------------------------------------------------------------------------- Finally, the proposed rule change would also delete from the FINRA Manual the Series heading for NASD Rules 2400 (Commissions, Mark-ups and Charges) and 2700 (Securities Distributions) to reflect that the NASD Rules 2400 \9\ and 2700 \10\ Series have fully been consolidated into the FINRA rules. --------------------------------------------------------------------------- \9\ See Securities Exchange Act Release No. 73954 (December 30, 2014), 80 FR 553 (January 6, 2015) (Order Approving File No. SR- FINRA-2014-037). \10\ See Securities Exchange Act Release No. 75471 (July 16, 2015), 80 FR 43482 (July 22, 2015) (Order Approving File No. SR- FINRA-2014-047). --------------------------------------------------------------------------- FINRA has filed the proposed rule change for immediate effectiveness and has requested that the SEC waive the requirement that the proposed rule change not become operative for 30 days after the date of the filing, so that FINRA can implement the proposed rule change to coincide with effective dates of the relevant consolidated FINRA rules. The implementation date for the proposed changes to FINRA Rules 1250, 2210, 5230, 6250, and 9217 and the proposed deletion of the NASD Rule 2400 and 2700 Series headings will be December 24, 2015. The implementation date for the proposed rule change to FINRA Rule 2272 will be March 30, 2016. 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act,\11\ 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 will provide greater clarity to members and the public regarding FINRA's rules. --------------------------------------------------------------------------- \11\ 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. The proposed rule change brings clarity and consistency to FINRA rules without adding any burden on firms. 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)(iii) of the Act \12\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\13\ --------------------------------------------------------------------------- \12\ 15 U.S.C. 78s(b)(3)(A)(iii). \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 [[Page 76055]] 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. Such waiver will allow FINRA to implement the proposed rule change to coincide with the effective dates of the relevant consolidated FINRA rules. 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 CommentsUse 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-2015-050 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-2015-050. 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-2015-050, and should be submitted on or before December 28, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-30721 Filed 12-4-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 76053
minimum price variance above (for pursuant to Section 19(b)(3)(A) 11 of the printing in the Commission’s Public
offers) or below (for bids) the national Act and Rule 19b–4(f)(6) thereunder.12 Reference Room, 100 F Street NE.,
best price. At any time within 60 days of the Washington, DC 20549, on official
The Exchange believes that the filing of the proposed rule change, the business days between the hours of
amendment to the Market Order Spread Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the
Protection language does not otherwise temporarily suspend such rule change if filing also will be available for
create an impediment to a free and open it appears to the Commission that such inspection and copying at the principal
market because the repricing due to action is: Necessary or appropriate in office of the Exchange. All comments
trade throughs and locked and crossed the public interest; for the protection of received will be posted without change;
markets exists today and serve to protect investors; or otherwise in furtherance of the Commission does not edit personal
against trading through or locking or the purposes of the Act. If the identifying information from
crossing another market. This proposal Commission takes such action, the submissions. You should submit only
reflects the impact of repricing due to Commission shall institute proceedings information that you wish to make
trade-through and locked and crossed to determine whether the proposed rule available publicly. All submissions
market restrictions on the Market Order should be approved or disapproved. should refer to File Number SR–BX–
Spread Protection feature. 2015–074 and should be submitted on
By reflecting the proper rule text to IV. Solicitation of Comments
or before December 28, 2015.
account for trade-through and locked Interested persons are invited to
and crossed market restrictions, the submit written data, views, and For the Commission, by the Division of
Exchange is providing Participants with arguments concerning the foregoing, Trading and Markets, pursuant to delegated
additional information with which to including whether the proposed rule authority.13
anticipate the impact of the Market change is consistent with the Act. Robert W. Errett,
Order Spread Protection feature. Comments may be submitted by any of Deputy Secretary.
B. Self-Regulatory Organization’s the following methods: [FR Doc. 2015–30720 Filed 12–4–15; 8:45 am]
Statement on Burden on Competition Electronic Comments BILLING CODE 8011–01–P
The Exchange does not believe that • Use the Commission’s Internet
the proposed rule change will impose comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE
any burden on competition not rules/sro.shtml); or COMMISSION
necessary or appropriate in furtherance • Send an email to rule-comments@
of the purposes of the Act. The sec.gov. Please include File Number SR–
Exchange does not believe that the BX–2015–074 on the subject line. [Release No. 34–76532; File No. SR–FINRA–
proposal to amend the Market Order 2015–050]
Spread Protection rule text to account Paper Comments
[sic] repricing due to trade-through and • Send paper comments in triplicate Self-Regulatory Organizations;
locked and crossed market restrictions to Secretary, Securities and Exchange Financial Industry Regulatory
creates an undue burden on competition Commission, 100 F Street NE., Authority, Inc.; Notice of Filing and
because it will serve to provide Washington, DC 20549–1090. Immediate Effectiveness of a Proposed
Participants with greater information to Rule Change To Update Rule Cross-
All submissions should refer to File
anticipate the impact of the Market References and Make Non-Substantive
Number SR–BX–2015–074. This file
Order Spread Protection feature. Today, Technical Changes to Certain FINRA
number should be included on the
Participants’ orders are repriced due to Rules
subject line if email is used. To help the
trade-through and locked and crossed Commission process and review your December 1, 2015.
market restrictions. The purpose of this comments more efficiently, please use
rule change is to protect market orders only one method. The Commission will Pursuant to Section 19(b)(1) of the
resting on the Order Book when the post all comments on the Commission’s Securities Exchange Act of 1934
market is wide. This feature will be Internet Web site (http://www.sec.gov/ (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
applied in a similar manner to all rules/sro.shtml). Copies of the notice is hereby given that on November
Participants on BX. submission, all subsequent 24, 2015, Financial Industry Regulatory
amendments, all written statements Authority, Inc. (‘‘FINRA’’) filed with the
C. Self-Regulatory Organization’s Securities and Exchange Commission
Statement on Comments on the with respect to the proposed rule
change that are filed with the (‘‘SEC’’ or ‘‘Commission’’) the proposed
Proposed Rule Change Received From rule change as described in Items I and
Members, Participants, or Others Commission, and all written
communications relating to the II below, which Items have been
No written comments were either proposed rule change between the prepared by FINRA. FINRA has
solicited or received. Commission and any person, other than designated the proposed rule change as
those that may be withheld from the constituting a ‘‘non-controversial’’ rule
III. Date of Effectiveness of the
public in accordance with the change under paragraph (f)(6) of Rule
Proposed Rule Change and Timing for
provisions of 5 U.S.C. 552, will be 19b–4 under the Act,3 which renders
Commission Action
available for Web site viewing and the proposal effective upon receipt of
Because the foregoing proposed rule this filing by the Commission. The
mstockstill on DSK4VPTVN1PROD with NOTICES
change does not significantly affect the 11 15 Commission is publishing this notice to
U.S.C. 78s(b)(3)(A).
protection of investors or the public 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– solicit comments on the proposed rule
interest; does not impose any significant 4(f)(6) requires a self-regulatory organization to give change from interested persons.
burden on competition; and by its terms the Commission written notice of its intent to file
does not become operative for 30 days the proposed rule change at least five business days 13 17
prior to the date of filing of the proposed rule CFR 200.30–3(a)(12).
from the date on which it was filed, or change, or such shorter time as designated by the
1 15 U.S.C. 78s(b)(1).
such shorter time as the Commission Commission. The Exchange has satisfied this 2 17 CFR 240.19b–4.
may designate, it has become effective requirement. 3 17 CFR 240.19b–4(f)(6).
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![Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 76055
the date of the filing. However, pursuant post all comments on the Commission’s of information to the Office of
to Rule 19b–4(f)(6)(iii),14 the Internet Web site (http://www.sec.gov/ Management and Budget (‘‘OMB’’) for
Commission may designate a shorter rules/sro.shtml). Copies of the extension and approval.
time if such action is consistent with the submission, all subsequent
i. Standards for Clearing Agencies
protection of investors and the public amendments, all written statements
interest. with respect to the proposed rule a. Measurement and Management of
FINRA has asked the Commission to change that are filed with the Credit Exposures
waive the 30-day operative delay. The Commission, and all written Rule 17Ad–22(b)(1) would require a
Commission believes that waiving the communications relating to the
30-day operative delay is consistent clearing agency that provides CCP
proposed rule change between the services to establish, implement,
with the protection of investors and the Commission and any person, other than
public interest. Such waiver will allow maintain and enforce written policies
those that may be withheld from the and procedures reasonably designed to
FINRA to implement the proposed rule public in accordance with the
change to coincide with the effective measure its credit exposures to its
provisions of 5 U.S.C. 552, will be participants at least once each day, and
dates of the relevant consolidated available for Web site viewing and
FINRA rules. Therefore, the limit its exposures to potential losses
printing in the Commission’s Public from defaults by its participants in
Commission hereby waives the 30-day Reference Room, 100 F Street NE.,
operative delay and designates the normal market conditions so that the
Washington, DC 20549 on official operations of the clearing agency would
proposed rule change to be operative business days between the hours of
upon filing with the Commission.15 not be disrupted and non-defaulting
10:00 a.m. and 3:00 p.m. Copies of such participants would not be exposed to
At any time within 60 days of the filing also will be available for
filing of the proposed rule change, the losses that they cannot anticipate or
inspection and copying at the principal control. The purpose of the collection of
Commission summarily may offices of FINRA. All comments
temporarily suspend such rule change if information is to enable the clearing
received will be posted without change; agency to monitor and limit its
it appears to the Commission that such the Commission does not edit personal
action is: (i) Necessary or appropriate in exposures to its participants.
identifying information from
the public interest; (ii) for the protection submissions. You should submit only b. Margin Requirements
of investors; or (iii) otherwise in information that you wish to make
furtherance of the purposes of the Act. Rule 17Ad–22(b)(2) would require a
available publicly. All submissions clearing agency that provides CCP
If the Commission takes such action, the should refer to File Number SR–FINRA–
Commission shall institute proceedings services to establish, implement,
2015–050, and should be submitted on maintain and enforce written policies
to determine whether the proposed rule or before December 28, 2015.
should be approved or disapproved. and procedures reasonably designed to:
For the Commission, by the Division of (i) Use margin requirements to limit its
IV. Solicitation of Comments Trading and Markets, pursuant to delegated credit exposures to participants in
authority.16 normal market conditions; (ii) use risk-
Interested persons are invited to
submit written data, views, and Robert W. Errett, based models and parameters to set
arguments concerning the foregoing, Deputy Secretary. margin requirements; and (iii) review
including whether the proposed rule [FR Doc. 2015–30721 Filed 12–4–15; 8:45 am] the models and parameters at least
change is consistent with the Act. BILLING CODE 8011–01–P monthly. The purpose of the collection
Comments may be submitted by any of of information is to enable the clearing
the following methods: agency to maintain sufficient collateral
SECURITIES AND EXCHANGE or margin.
Electronic Comments COMMISSION
c. Financial Resources
• Use the Commission’s Internet
comment form (http://www.sec.gov/ Proposed Collection; Comment Rule 17Ad–22(b)(3) would require a
rules/sro.shtml); or Request clearing agency that provides CCP
• Send an email to rule-comments@ services to establish, implement,
sec.gov. Please include File Number SR– Upon Written Request, Copies Available maintain and enforce written policies
FINRA–2015–050 on the subject line. From: Securities and Exchange and procedures reasonably designed to
Commission, Office of FOIA Services, maintain sufficient financial resources
Paper Comments 100 F Street NE., Washington, DC to withstand, at a minimum, a default
• Send paper comments in triplicate 20549–2736. by the participant family to which it has
to Secretary, Securities and Exchange Extension: the largest exposure in extreme but
Commission, 100 F Street NE., Rules 17Ad–22—Clearing Agency plausible market conditions, provided
Washington, DC 20549–1090. Standards and Governance, SEC File No. that a registered clearing agency acting
All submissions should refer to File 270–646, OMB Control No. 3235–0695. as a central counterparty for security-
Number SR–FINRA–2015–050. This file Notice is hereby given that pursuant based swaps shall maintain additional
number should be included on the to the Paperwork Reduction Act of 1995 financial resources sufficient to
subject line if email is used. To help the (‘‘PRA’’)(44 U.S.C. 3501 et seq.), the withstand, at a minimum, a default by
Commission process and review your Securities and Exchange Commission the two participant families to which it
mstockstill on DSK4VPTVN1PROD with NOTICES
comments more efficiently, please use (‘‘Commission’’) is soliciting comments has the largest exposures in extreme but
only one method. The Commission will on the existing collection of information plausible market conditions, in its
provided for in Rules 17Ad–22 under capacity as a central counterparty for
14 17 CFR 240.19b–4(f)(6)(iii). the Securities Exchange Act of 1934 (15 security-based swaps. The purpose of
15 For purposes only of waiving the operative U.S.C. 78a et seq.). The Commission the collection of information is to enable
delay for this proposal, the Commission has
considered the proposed rule’s impact on plans to submit this existing collection the clearing agency to satisfy all of its
efficiency, competition, and capital formation. See settlement obligations in the event of a
15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). participant default.
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Document Created: 2015-12-14 13:31:06
Document Modified: 2015-12-14 13:31:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 76053 |
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