81_FR_47368 81 FR 47229 - 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

81 FR 47229 - 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 81, Issue 139 (July 20, 2016)

Page Range47229-47231
FR Document2016-17097

Federal Register, Volume 81 Issue 139 (Wednesday, July 20, 2016)
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Notices]
[Pages 47229-47231]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17097]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78327; File No. SR-FINRA-2016-026]


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

July 14, 2016.
    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 7, 2016, 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).
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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 update cross-references and make other non-
substantive changes within FINRA rules, due in part to the adoption 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 has been 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 some of those 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 investment company securities 
rule. On June 9, 2016, FINRA filed with the SEC a proposed rule change, 
for immediate effectiveness, to adopt NASD Rule 2830 as FINRA Rule 2341 
(Investment Company Securities), without any substantive changes. As 
part of that rule filing, FINRA also deleted in its entirety NASD Rule 
2830.\5\ Rule 2341 will be implemented on July 9, 2016. As such, the 
proposed rule change would update references to the new rule number in 
FINRA Rules 2320 (Variable Contracts of an Insurance Company) and 6630 
(Applicability of FINRA Rules to Securities Previously Designated as 
PORTAL Securities). The proposed rule change further would delete from 
the FINRA Manual the heading for the NASD Rule 2800 Series (Special 
Products) and the placeholder for NASD Rule 2870 (Reserved) to reflect 
that the NASD Rule 2800 Series \6\ has fully been consolidated into the 
FINRA rules.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 78130 (June 22, 
2016), 81 FR 42016 (June 28, 2016) (Notice of Filing and Immediate 
Effectiveness of File No. SR-FINRA-2016-019).
    \6\ See supra note 5.

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[[Page 47230]]

    Second, the proposed rule change would make technical changes to 
FINRA Rules 6191 (Compliance with Regulation NMS Plan to Implement a 
Tick Size Pilot Program) \7\ and 7440 (Recording of Order 
Information)\8\ to reflect FINRA Manual style convention changes and 
correct paragraph numbering. FINRA would also merge the Supplementary 
Material in Rule 6191(a) with and into the Supplementary Material in 
Rule 6191(b) to reflect FINRA Manual style convention.\9\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 77164 (February 17, 
2016), 81 FR 9043 (February 23, 2016) (Order Approving File No. SR-
FINRA-2015-048); see also Securities Exchange Act Release No. 77218 
(February 23, 2016), 81 FR 10290 (February 29, 2016) (Order 
Approving File No. SR-FINRA-2015-047).
    \8\ See Securities Exchange Act Release No. 77164 (February 17, 
2016), 81 FR 9043 (February 23, 2016) (Order Approving File No. SR-
FINRA-2015-048) and Securities Exchange Act Release No. 77523 (April 
5, 2016), 81 FR 21427 (April 11, 2016) (Order Approving File No. SR-
FINRA-2016-006).
    \9\ See supra note 7.
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    Finally, the proposed rule change would also delete from FINRA 
Funding Portal Rule 100 the reference to FINRA Dispute Resolution, Inc. 
to reflect the merger of FINRA Dispute Resolution, Inc. into and with 
FINRA.\10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 76670 (December 16, 
2015), 80 FR 79632 (December 22, 2015) (Order Approving File No. SR-
FINRA-2015-034).
---------------------------------------------------------------------------

    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 the effective dates of the affected rules. The 
implementation date for the proposed changes to FINRA Rules 2320 and 
6630, Funding Portal Rule 100, and the proposed deletion of the NASD 
Rule 2800 Series heading and NASD Rule 2870 will be July 9, 2016. The 
implementation date for the changes to FINRA Rules 6191 and 7440 will 
be October 3, 2016 and August 1, 2016, respectively, to coincide with 
the implementation date of the rules.
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).
---------------------------------------------------------------------------

    Under Rule 19b-4(f)(6) of the Act,\14\ the proposal does not become 
operative for 30 days after the date of its filing, or such shorter 
time as the Commission may designate if consistent with the protection 
of investors and the public interest. FINRA has requested that the 
Commission waive the 30-day operative delay so that the proposed rule 
change will become operative on filing. FINRA stated that the proposed 
rule change updates cross-references and makes no substantive changes, 
and it would like to implement the change to coincide with the 
effective dates of the affected rules. For this reason, the Commission 
believes that waiver of the 30-day operative delay is consistent with 
the protection of investors and the public interest. Therefore, the 
Commission designates the proposed rule change to be operative upon 
filing.\15\
---------------------------------------------------------------------------

    \14\ Id.
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission also 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-2016-026 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-2016-026. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of FINRA. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make

[[Page 47231]]

available publicly. All submissions should refer to File Number SR-
FINRA-2016-026, and should be submitted on or before August 10, 2016.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-17097 Filed 7-19-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices                                                       47229

                                                  Commission, 100 F Street NE.,                              SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s
                                                  Washington, DC 20549–1090.                                 COMMISSION                                                 Statement of the Purpose of, and
                                                                                                                                                                        Statutory Basis for, the Proposed Rule
                                                  All submissions should refer to File                       [Release No. 34–78327; File No. SR–FINRA–
                                                                                                                                                                        Change
                                                  Number SR–BatsEDGA–2016–15. This                           2016–026]
                                                  file number should be included on the                                                                                 1. Purpose
                                                  subject line if email is used. To help the                 Self-Regulatory Organizations;
                                                                                                             Financial Industry Regulatory                                 FINRA has been developing a
                                                  Commission process and review your                                                                                    consolidated rulebook (‘‘Consolidated
                                                                                                             Authority, Inc.; Notice of Filing and
                                                  comments more efficiently, please use                                                                                 FINRA Rulebook’’).4 That process
                                                                                                             Immediate Effectiveness of a Proposed
                                                  only one method. The Commission will                       Rule Change to Update Rule Cross-                          involves FINRA submitting to the
                                                  post all comments on the Commission’s                      References and Make Non-Substantive                        Commission for approval a series of
                                                  Internet Web site (http://www.sec.gov/                     Technical Changes to Certain FINRA                         proposed rule changes over time to
                                                  rules/sro.shtml). Copies of the                            Rules                                                      adopt rules in the Consolidated FINRA
                                                  submission, all subsequent                                                                                            Rulebook. The phased adoption and
                                                  amendments, all written statements                         July 14, 2016.                                             implementation of those rules
                                                  with respect to the proposed rule                             Pursuant to Section 19(b)(1) of the                     necessitates periodic amendments to
                                                  change that are filed with the                             Securities Exchange Act of 1934                            update rule cross-references and other
                                                  Commission, and all written                                (‘‘Act’’) 1 and Rule 19b-4 thereunder,2                    non-substantive changes in the
                                                  communications relating to the                             notice is hereby given that on July 7,                     Consolidated FINRA Rulebook.
                                                  proposed rule change between the                           2016, Financial Industry Regulatory                           The proposed rule change would
                                                  Commission and any person, other than                      Authority, Inc. (‘‘FINRA’’) filed with the                 make some of those changes, as well as
                                                  those that may be withheld from the                        Securities and Exchange Commission                         other non-substantive changes unrelated
                                                                                                             (‘‘SEC’’ or ‘‘Commission’’) the proposed                   to the adoption of rules in the
                                                  public in accordance with the
                                                                                                             rule change as described in Items I and                    Consolidated FINRA Rulebook.
                                                  provisions of 5 U.S.C. 552, will be
                                                                                                             II below, which Items have been                               First, the proposed rule change would
                                                  available for Web site viewing and
                                                                                                             prepared by FINRA. FINRA has                               update rule cross-references to reflect
                                                  printing in the Commission’s Public                        designated the proposed rule change as                     the adoption of a consolidated
                                                  Reference Room, 100 F Street NE.,                          constituting a ‘‘non-controversial’’ rule                  investment company securities rule. On
                                                  Washington, DC 20549, on official                          change under paragraph (f)(6) of Rule                      June 9, 2016, FINRA filed with the SEC
                                                  business days between the hours of                         19b-4 under the Act,3 which renders the                    a proposed rule change, for immediate
                                                  10:00 a.m. and 3:00 p.m. Copies of the                     proposal effective upon receipt of this                    effectiveness, to adopt NASD Rule 2830
                                                  filing also will be available for                          filing by the Commission. The                              as FINRA Rule 2341 (Investment
                                                  inspection and copying at the principal                    Commission is publishing this notice to                    Company Securities), without any
                                                  office of the Exchange. All comments                       solicit comments on the proposed rule                      substantive changes. As part of that rule
                                                  received will be posted without change;                    change from interested persons.                            filing, FINRA also deleted in its entirety
                                                  the Commission does not edit personal                                                                                 NASD Rule 2830.5 Rule 2341 will be
                                                                                                             I. Self-Regulatory Organization’s
                                                  identifying information from                                                                                          implemented on July 9, 2016. As such,
                                                                                                             Statement of the Terms of the Substance
                                                  submissions. You should submit only                                                                                   the proposed rule change would update
                                                                                                             of the Proposed Rule Change
                                                  information that you wish to make                                                                                     references to the new rule number in
                                                  available publicly. All submissions                           FINRA is proposing to update cross-                     FINRA Rules 2320 (Variable Contracts
                                                  should refer to File Number SR–                            references and make other non-                             of an Insurance Company) and 6630
                                                  BatsEDGA–2016–15, and should be                            substantive changes within FINRA                           (Applicability of FINRA Rules to
                                                  submitted on or before August 10, 2016.                    rules, due in part to the adoption of a                    Securities Previously Designated as
                                                                                                             new consolidated FINRA rule.                               PORTAL Securities). The proposed rule
                                                     For the Commission, by the Division of                     The text of the proposed rule change                    change further would delete from the
                                                  Trading and Markets, pursuant to delegated                 is available on FINRA’s Web site at                        FINRA Manual the heading for the
                                                  authority.55                                               http://www.finra.org, at the principal                     NASD Rule 2800 Series (Special
                                                  Jill M. Peterson,                                          office of FINRA and at the                                 Products) and the placeholder for NASD
                                                  Assistant Secretary.                                       Commission’s Public Reference Room.                        Rule 2870 (Reserved) to reflect that the
                                                  [FR Doc. 2016–17090 Filed 7–19–16; 8:45 am]                II. Self-Regulatory Organization’s                         NASD Rule 2800 Series 6 has fully been
                                                  BILLING CODE 8011–01–P                                     Statement of the Purpose of, and                           consolidated into the FINRA rules.
                                                                                                             Statutory Basis for, the Proposed Rule
                                                                                                                                                                           4 The current FINRA rulebook consists of (1)
                                                                                                             Change
                                                                                                                                                                        FINRA Rules; (2) NASD Rules; and (3) rules
                                                                                                                In its filing with the Commission,                      incorporated from NYSE (‘‘Incorporated NYSE
                                                                                                             FINRA included statements concerning                       Rules’’) (together, the NASD Rules and Incorporated
                                                                                                                                                                        NYSE Rules are referred to as the ‘‘Transitional
                                                                                                             the purpose of and basis for the                           Rulebook’’). While the NASD Rules generally apply
                                                                                                             proposed rule change and discussed any                     to all FINRA members, the Incorporated NYSE
                                                                                                             comments it received on the proposed                       Rules apply only to those members of FINRA that
                                                                                                             rule change. The text of these statements                  are also members of the NYSE (‘‘Dual Members’’).
                                                                                                                                                                        The FINRA Rules apply to all FINRA members,
                                                                                                             may be examined at the places specified                    unless such rules have a more limited application
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                             in Item IV below. FINRA has prepared                       by their terms. For more information about the
                                                                                                             summaries, set forth in sections A, B,                     rulebook consolidation process, see Information
                                                                                                             and C below, of the most significant                       Notice, March 12, 2008 (Rulebook Consolidation
                                                                                                                                                                        Process).
                                                                                                             aspects of such statements.                                   5 See Securities Exchange Act Release No. 78130

                                                                                                                                                                        (June 22, 2016), 81 FR 42016 (June 28, 2016) (Notice
                                                                                                                  1 15 U.S.C. 78s(b)(1).                                of Filing and Immediate Effectiveness of File No.
                                                                                                                  2 17 CFR 240.19b-4.                                   SR–FINRA–2016–019).
                                                    55 17   CFR 200.30–3(a)(12).                                  3 17 CFR 240.19b-4(f)(6).                                6 See supra note 5.




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                                                  47230                        Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices

                                                     Second, the proposed rule change                      proposed rule change will provide                            Commission summarily may
                                                  would make technical changes to                          greater clarity to members and the                           temporarily suspend such rule change if
                                                  FINRA Rules 6191 (Compliance with                        public regarding FINRA’s rules.                              it appears to the Commission that such
                                                  Regulation NMS Plan to Implement a                                                                                    action is: (i) Necessary or appropriate in
                                                                                                           B. Self-Regulatory Organization’s
                                                  Tick Size Pilot Program) 7 and 7440                                                                                   the public interest; (ii) for the protection
                                                                                                           Statement on Burden on Competition
                                                  (Recording of Order Information)8 to                                                                                  of investors; or (iii) otherwise in
                                                  reflect FINRA Manual style convention                      FINRA does not believe that the                            furtherance of the purposes of the Act.
                                                  changes and correct paragraph                            proposed rule change will result in any                      If the Commission takes such action, the
                                                  numbering. FINRA would also merge                        burden on competition that is not                            Commission shall institute proceedings
                                                  the Supplementary Material in Rule                       necessary or appropriate in furtherance                      to determine whether the proposed rule
                                                  6191(a) with and into the                                of the purposes of the Act. The                              should be approved or disapproved.
                                                  Supplementary Material in Rule 6191(b)                   proposed rule change brings clarity and
                                                                                                           consistency to FINRA rules without                           IV. Solicitation of Comments
                                                  to reflect FINRA Manual style
                                                  convention.9                                             adding any burden on firms.                                    Interested persons are invited to
                                                    Finally, the proposed rule change                                                                                   submit written data, views, and
                                                                                                           C. Self-Regulatory Organization’s                            arguments concerning the foregoing,
                                                  would also delete from FINRA Funding
                                                  Portal Rule 100 the reference to FINRA                   Statement on Comments on the                                 including whether the proposed rule
                                                  Dispute Resolution, Inc. to reflect the                  Proposed Rule Change Received From                           change is consistent with the Act.
                                                  merger of FINRA Dispute Resolution,                      Members, Participants, or Others                             Comments may be submitted by any of
                                                  Inc. into and with FINRA.10                                Written comments were neither                              the following methods:
                                                     FINRA has filed the proposed rule                     solicited nor received.
                                                                                                                                                                        Electronic Comments
                                                  change for immediate effectiveness and
                                                                                                           III. Date of Effectiveness of the                              • Use the Commission’s Internet
                                                  has requested that the SEC waive the
                                                                                                           Proposed Rule Change and Timing for                          comment form (http://www.sec.gov/
                                                  requirement that the proposed rule
                                                                                                           Commission Action                                            rules/sro.shtml); or
                                                  change not become operative for 30 days
                                                  after the date of the filing, so that FINRA                 Because the foregoing proposed rule                         • Send an email to rule-comments@
                                                  can implement the proposed rule                          change does not: (i) Significantly affect                    sec.gov. Please include File Number SR–
                                                  change to coincide with the effective                    the protection of investors or the public                    FINRA–2016–026 on the subject line.
                                                  dates of the affected rules. The                         interest; (ii) impose any significant                        Paper Comments
                                                  implementation date for the proposed                     burden on competition; and (iii) become
                                                                                                           operative for 30 days from the date on                          • Send paper comments in triplicate
                                                  changes to FINRA Rules 2320 and 6630,
                                                                                                           which it was filed, or such shorter time                     to Secretary, Securities and Exchange
                                                  Funding Portal Rule 100, and the
                                                                                                           as the Commission may designate, it has                      Commission, 100 F Street NE.,
                                                  proposed deletion of the NASD Rule                                                                                    Washington, DC 20549–1090.
                                                  2800 Series heading and NASD Rule                        become effective pursuant to Section
                                                  2870 will be July 9, 2016. The                           19(b)(3)(A)(iii) of the Act 12 and                           All submissions should refer to File
                                                  implementation date for the changes to                   subparagraph (f)(6) of Rule 19b–4                            Number SR–FINRA–2016–026. This file
                                                  FINRA Rules 6191 and 7440 will be                        thereunder.13                                                number should be included on the
                                                  October 3, 2016 and August 1, 2016,                         Under Rule 19b–4(f)(6) of the Act,14                      subject line if email is used. To help the
                                                  respectively, to coincide with the                       the proposal does not become operative                       Commission process and review your
                                                  implementation date of the rules.                        for 30 days after the date of its filing, or                 comments more efficiently, please use
                                                                                                           such shorter time as the Commission                          only one method. The Commission will
                                                  2. Statutory Basis                                       may designate if consistent with the                         post all comments on the Commission’s
                                                     FINRA believes that the proposed rule                 protection of investors and the public                       Internet Web site (http://www.sec.gov/
                                                  change is consistent with the provisions                 interest. FINRA has requested that the                       rules/sro.shtml). Copies of the
                                                  of Section 15A(b)(6) of the Act,11 which                 Commission waive the 30-day operative                        submission, all subsequent
                                                  requires, among other things, that                       delay so that the proposed rule change                       amendments, all written statements
                                                  FINRA rules must be designed to                          will become operative on filing. FINRA                       with respect to the proposed rule
                                                  prevent fraudulent and manipulative                      stated that the proposed rule change                         change that are filed with the
                                                  acts and practices, to promote just and                  updates cross-references and makes no                        Commission, and all written
                                                  equitable principles of trade, and, in                   substantive changes, and it would like                       communications relating to the
                                                  general, to protect investors and the                    to implement the change to coincide                          proposed rule change between the
                                                  public interest. FINRA believes the                      with the effective dates of the affected                     Commission and any person, other than
                                                                                                           rules. For this reason, the Commission                       those that may be withheld from the
                                                    7 See Securities Exchange Act Release No. 77164        believes that waiver of the 30-day                           public in accordance with the
                                                  (February 17, 2016), 81 FR 9043 (February 23, 2016)      operative delay is consistent with the                       provisions of 5 U.S.C. 552, will be
                                                  (Order Approving File No. SR–FINRA–2015–048);                                                                         available for Web site viewing and
                                                  see also Securities Exchange Act Release No. 77218
                                                                                                           protection of investors and the public
                                                  (February 23, 2016), 81 FR 10290 (February 29,           interest. Therefore, the Commission                          printing in the Commission’s Public
                                                  2016) (Order Approving File No. SR–FINRA–2015–           designates the proposed rule change to                       Reference Room, 100 F Street NE.,
                                                  047).                                                    be operative upon filing.15                                  Washington, DC 20549 on official
                                                    8 See Securities Exchange Act Release No. 77164
                                                                                                              At any time within 60 days of the                         business days between the hours of
                                                  (February 17, 2016), 81 FR 9043 (February 23, 2016)                                                                   10:00 a.m. and 3:00 p.m. Copies of such
                                                  (Order Approving File No. SR–FINRA–2015–048)             filing of the proposed rule change, the
                                                                                                                                                                        filing also will be available for
mstockstill on DSK3G9T082PROD with NOTICES




                                                  and Securities Exchange Act Release No. 77523
                                                  (April 5, 2016), 81 FR 21427 (April 11, 2016) (Order          12 15    U.S.C. 78s(b)(3)(A)(iii).                      inspection and copying at the principal
                                                  Approving File No. SR–FINRA–2016–006).                        13 17    CFR 240.19b–4(f)(6).                           office of FINRA. All comments received
                                                    9 See supra note 7.                                         14 Id.
                                                                                                                                                                        will be posted without change; the
                                                    10 See Securities Exchange Act Release No. 76670          15 For purposes only of waiving the 30-day
                                                                                                                                                                        Commission does not edit personal
                                                  (December 16, 2015), 80 FR 79632 (December 22,           operative delay, the Commission also has
                                                  2015) (Order Approving File No. SR–FINRA–2015–           considered the proposed rule’s impact on
                                                                                                                                                                        identifying information from
                                                  034).                                                    efficiency, competition, and capital formation. See          submissions. You should submit only
                                                    11 15 U.S.C. 78o-3(b)(6).                              15 U.S.C. 78c(f).                                            information that you wish to make


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                                                                                   Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices                                          47231

                                                  available publicly. All submissions                           Dated: July 11, 2016.                              may use the Telecommunications
                                                  should refer to File Number SR–FINRA–                      Mark Taplin,                                          Devices for the Deaf (TDD) by contacting
                                                  2016–026, and should be submitted on                       Principal Deputy Assistant Secretary, Bureau          the Federal Information Relay Service at
                                                  or before August 10, 2016.                                 of Educational and Cultural Affairs,                  1–800–877–8339.
                                                                                                             Department of State.                                  SUPPLEMENTARY INFORMATION: The
                                                     For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated                 [FR Doc. 2016–17147 Filed 7–19–16; 8:45 am]           Department, pursuant to section 202(a)
                                                  authority.16                                               BILLING CODE 4710–05–P                                of the IAA, must enter into an
                                                  Jill M. Peterson,                                                                                                agreement with at least one qualified
                                                  Assistant Secretary.                                                                                             entity and designate it as an accrediting
                                                                                                             DEPARTMENT OF STATE                                   entity. Accrediting entities may be (1)
                                                  [FR Doc. 2016–17097 Filed 7–19–16; 8:45 am]
                                                                                                             [Public Notice: 9640]                                 nonprofit private entities with expertise
                                                  BILLING CODE 8011–01–P
                                                                                                                                                                   in developing and administering
                                                                                                             Memorandum of Agreement Between                       standards for entities providing child
                                                                                                             the U.S. Department of State Bureau of                welfare services; or (2) state adoption
                                                                                                             Consular Affairs and the Council on                   licensing bodies that have expertise in
                                                  DEPARTMENT OF STATE                                        Accreditation                                         developing and administering standards
                                                                                                             AGENCY:   Department of State.                        for entities providing child welfare
                                                  [Public Notice: 9645]                                                                                            services and that accredit only agencies
                                                                                                             ACTION:   Notice.
                                                                                                                                                                   located in that state. Both nonprofit
                                                  Culturally Significant Objects Imported
                                                                                                             SUMMARY:   The Department of State (the               accrediting entities and state accrediting
                                                  for Exhibition Determinations:
                                                                                                             Department) is the lead Federal agency                entities must meet any other criteria that
                                                  ‘‘Valentin de Boulogne: Beyond
                                                                                                             for implementation of the 1993 Hague                  the Department may by regulation
                                                  Caravaggio’’ Exhibition
                                                                                                             Convention on Protection of Children                  establish. COA is a nonprofit private
                                                                                                             and Co-operation in Respect of                        entity with expertise in developing and
                                                  SUMMARY:   Notice is hereby given of the
                                                                                                             Intercountry Adoption (the Convention),               administering standards for entities
                                                  following determinations: Pursuant to
                                                                                                             the Intercountry Adoption Act of 2000                 providing child welfare services
                                                  the authority vested in me by the Act of
                                                                                                             (IAA), and the Intercountry Adoption                  throughout the United States.
                                                  October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                                                                                             Universal Accreditation Act of 2012                      The final rule on accreditation of
                                                  2459), E.O. 12047 of March 27, 1978, the
                                                                                                             (UAA). Among other things, the IAA                    agencies and approval of persons (22
                                                  Foreign Affairs Reform and
                                                                                                             and UAA give the Secretary of State                   CFR part 96) was published in the
                                                  Restructuring Act of 1998 (112 Stat.
                                                                                                             responsibility, by entering into                      Federal Register (71 FR 8064–8066,
                                                  2681, et seq.; 22 U.S.C. 6501 note, et
                                                                                                             agreements with one or more qualified                 February 15, 2006) and became effective
                                                  seq.), Delegation of Authority No. 234 of
                                                                                                             entities and designating such entities as             on March 17, 2006. The final rule
                                                  October 1, 1999, Delegation of Authority
                                                                                                             accrediting entities, for the accreditation           establishes the regulatory framework for
                                                  No. 236–3 of August 28, 2000 (and, as
                                                                                                             of agencies and approval of persons to                the accreditation and approval function
                                                  appropriate, Delegation of Authority No.
                                                                                                             provide adoption services in                          and provides the standards that the
                                                  257 of April 15, 2003), I hereby
                                                                                                             intercountry adoptions. This notice is to             designated accrediting entities will
                                                  determine that the objects to be
                                                                                                             inform the public that on July 11, 2016,              follow in accrediting or approving
                                                  included in the exhibition ‘‘Valentin de
                                                                                                             the Department entered into an                        adoption service providers. Under the
                                                  Boulogne: Beyond Caravaggio,’’
                                                                                                             agreement with the Council on                         UAA, adoption service providers
                                                  imported from abroad for temporary
                                                                                                             Accreditation (COA) designating COA                   working with prospective adoptive
                                                  exhibition within the United States, are
                                                                                                             as an accrediting entity (AE) for an                  parents in non-Convention adoption
                                                  of cultural significance. The objects are
                                                                                                             additional five years.                                cases need to comply with the same
                                                  imported pursuant to loan agreements
                                                                                                                The Memorandum of Agreement                        accreditation requirement and standards
                                                  with the foreign owners or custodians.
                                                                                                             between the U.S. Department of State                  that apply in Convention adoption
                                                  I also determine that the exhibition or
                                                                                                             Bureau of Consular Affairs and the                    cases.
                                                  display of the exhibit objects at the                                                                               Through the Department’s ongoing
                                                                                                             Council on Accreditation (2016 MOA)
                                                  Metropolitan Museum of Art New York,                                                                             monitoring and oversight of COA,
                                                                                                             remains largely consistent with the
                                                  New York, from on or about October 6,                                                                            which includes an annual performance
                                                                                                             terms of the MOA signed on July 12,
                                                  2016, until on or about January 16,                                                                              review, the Department observed that
                                                                                                             2006 by Maura Harty, Assistant
                                                  2017, and at possible additional                                                                                 COA’s performance of its duties as an
                                                                                                             Secretary for Consular Affairs, U.S.
                                                  exhibitions or venues yet to be                                                                                  accrediting entity is in substantial
                                                                                                             Department of State and signed on July
                                                  determined, is in the national interest.                                                                         compliance with the IAA, UAA and
                                                                                                             6, 2006 by Richard Klarberg, President
                                                  I have ordered that Public Notice of                                                                             regulations set forth in Title 22 of the
                                                                                                             and Chief Executive Officer, COA.
                                                  these Determinations be published in                                                                             Code of Federal Regulations, part 96.
                                                                                                             However, the 2016 MOA has been
                                                  the Federal Register.                                                                                            Therefore, the Department has renewed
                                                                                                             updated to reflect enactment of the UAA
                                                  FOR FURTHER INFORMATION CONTACT:     For                   and to remove obsolete references,                    the designation of COA as an AE.
                                                  further information, including a list of                   while further refining the role and                   Memorandum of Agreement Between
                                                  the imported objects, contact the Office                   responsibilities of the accrediting entity            the Department of State Bureau of
                                                  of Public Diplomacy and Public Affairs                     and taking into account subsequent                    Consular Affairs and the Council on
                                                  in the Office of the Legal Adviser, U.S.                   updates to the intercountry adoption
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                   Accreditation
                                                  Department of State (telephone: 202–                       accreditation regulations in 22 CFR part
                                                  632–6471; email: section2459@                              96. The text of the 2016 MOA is                       Parties & Purpose of the Agreement
                                                  state.gov). The mailing address is U.S.                    included in its entirety at the end of this              The Department of State, Bureau of
                                                  Department of State, L/PD, SA–5, Suite                     Notice.                                               Consular Affairs (Department), and the
                                                  5H03, Washington, DC 20522–0505.                           FOR FURTHER INFORMATION CONTACT:                      Council on Accreditation (COA), with
                                                                                                             Valerie Barlow at 202–485–6347.                       its principal office located at 45
                                                    16 17   CFR 200.30–3(a)(12).                             Hearing or speech-impaired persons                    Broadway, 29th floor, New York, NY


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Document Created: 2018-02-08 07:57:19
Document Modified: 2018-02-08 07:57:19
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 Citation81 FR 47229 

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