81_FR_79287 81 FR 79069 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish Fees Related to the MSRB Academic Historical Transaction Data Product

81 FR 79069 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish Fees Related to the MSRB Academic Historical Transaction Data Product

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 218 (November 10, 2016)

Page Range79069-79071
FR Document2016-27149

Federal Register, Volume 81 Issue 218 (Thursday, November 10, 2016)
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 79069-79071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27149]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79239; File No. SR-MSRB-2016-14]


Self-Regulatory Organizations; Municipal Securities Rulemaking 
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule 
Change To Establish Fees Related to the MSRB Academic Historical 
Transaction Data Product

November 4, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ 
notice is hereby given that on October 25, 2016 the Municipal 
Securities Rulemaking Board (the ``MSRB'' or ``Board'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change as described in Items I, II, and III below, which Items have 
been prepared by the MSRB. The

[[Page 79070]]

Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The MSRB filed with the Commission a proposed amendment to the 
MSRB's facility for the Real-Time Transaction Reporting System 
(``RTRS'') to establish fees related to the MSRB Academic Historical 
Transaction Data Product (``RTRS Academic Data Product'') (``proposed 
rule change'').\3\ The MSRB has designated the proposed rule change as 
establishing or changing a fee or charge of the MSRB, which renders the 
proposed rule change effective upon receipt of this filing by the 
Commission. The effective date of the fees will coincide with the 
effective date of the RTRS Academic Data Product, which the MSRB will 
announce in a regulatory notice to be published no later than December 
12, 2016, and which will be no later than June 9, 2017.\4\ The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \3\ See Exchange Act Release No. 78826 (Sept. 13, 2016), 81 FR 
64215 (Sept. 19, 2016) (SR-MSRB-2016-09) (``Approval Order'').
    \4\ See id. at 64216 (noting that the effective date of the RTRS 
Academic Data Product will be announced in a regulatory notice to be 
published no later than 90 days from the date of the Approval Order, 
and such effective date will be no later than 270 days following 
publication of the regulatory notice announcing Commission approval 
of the proposed rule change); MSRB Notice 2016-22 (Sept. 14, 2016).
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    The text of the proposed rule change is available on the MSRB's Web 
site at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2016-Filings.aspx, at the MSRB's principal office, 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, the MSRB 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. The MSRB 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
    Under the Exchange Act, the MSRB is charged with adopting rules 
with respect to transactions in municipal securities effected by 
brokers, dealers and municipal securities dealers (``dealers'') and the 
municipal advisory activities of municipal advisors. In addition, the 
MSRB has undertaken to create various market transparency products in 
furtherance of its statutory duties and its mission, which is, in part, 
to promote a fair and efficient municipal securities market through the 
collection and dissemination of market information.
    Historically, the MSRB has operated information systems to collect 
key disclosure documents and transaction data to create a central 
warehouse of information that in turn made most of these documents and 
data available to the market--the Electronic Municipal Market Access 
(EMMA[supreg]) \5\ Web site. The MSRB makes post-trade transaction data 
available to the general public through the EMMA Web site at no cost, 
and to data vendors, industry utilities and others on a subscription 
basis through a real-time data feed and on a delayed basis.
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    \5\ EMMA[supreg] is a registered trademark of the MSRB.
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    MSRB Rule G-14, on transaction reporting, requires dealers to 
report all executed transactions in municipal securities to RTRS within 
15 minutes of the time of trade, with limited exceptions.\6\ The 
information facility for RTRS serves to outline the high-level 
parameters by which the MSRB operates the system. The new RTRS Academic 
Data Product will include the same transactions included in the current 
RTRS historical transaction data sets, with the inclusion of anonymized 
dealer identifiers but the exclusion of list offering price and 
takedown transactions, which are defined such that they generally 
encompass primary market transactions; will be made available only to 
academic institutions; and will be highly useful in connection with 
research activities by allowing academic institutions to attribute 
transactions to the dealers that facilitated them.
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    \6\ Transactions in securities without CUSIP numbers, 
transactions in municipal fund securities and certain inter-dealer 
securities movements not eligible for comparison through a clearing 
agency are the only transactions exempt from the reporting 
requirements of Rule G-14.
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    The purpose of the proposed rule change is to establish fees 
related to the RTRS Academic Data Product. Specifically, the proposed 
rule change would make the RTRS Academic Data Product available to 
academic institutions for a fee of $500 per one-year data set (with a 
one-time initial set-up fee of $500).\7\ The MSRB customarily waives 
all fees associated with an MSRB subscription service or historical 
data product purchase for non-profit organizations (including academic 
institutions). However, due to the additional legal and operational 
effort required for the MSRB to offer the RTRS Academic Data Product, 
the MSRB believes that the $500 fee per one-year data set and $500 one-
time initial set-up fee is appropriate to help defray these costs, 
while not overly burdening academic institutions.
---------------------------------------------------------------------------

    \7\ Academic institutions would be able to request the one-year 
data sets on a rolling basis, and any request that is not in a 12-
month increment would be charged the full fee for an additional 
year.
---------------------------------------------------------------------------

2. Statutory Basis
    Section 15B(b)(3)(B)(ii) of the Exchange Act \8\ provides that the 
MSRB:
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-4(b)(3)(B)(ii).

    shall not be prohibited from charging commercially reasonable 
fees for automated subscription-based feeds or similar services, or 
for charging for other data or document-based services customized 
upon request of any person, made available to commercial 
enterprises, municipal securities market professionals, or the 
general public, whether delivered through the Internet or any other 
means, that contain all or part of the documents or information, 
subject to approval of the fees by the Commission under section 
---------------------------------------------------------------------------
19(b).

    The MSRB believes that the proposed rule change is consistent with 
Section 15B(b)(3)(B)(ii) of the Exchange Act \9\ in that it would 
charge a fee of $500 per one-year data set (with a one-time initial 
set-up fee of $500) for the RTRS Academic Data Product. The MSRB 
believes these fees are commercially reasonably as a means to help 
defray the additional legal and operational effort required for the 
MSRB to offer the RTRS Academic Data Product, while not overly 
burdening academic institutions.
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    \9\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Section 15B(b)(2)(C) of the Exchange Act \10\ requires that MSRB 
rules not be designed to impose any burden on competition not necessary 
or appropriate in furtherance of the purposes of the Act. In 
determining whether these standards have been met, the MSRB was guided 
by the Board's Policy on the Use of Economic Analysis

[[Page 79071]]

in MSRB Rulemaking. In accordance with this policy, the Board has 
evaluated the potential impacts on competition of the proposed rule 
change, including in comparison to reasonable alternative regulatory 
approaches, relative to the baseline. The MSRB also considered other 
economic impacts of the proposed rule change and has addressed comments 
relevant to these impacts in other sections of this document. The MSRB 
does not believe that the proposed rule change will impose any 
additional burdens on competition, relative to the baseline, that are 
not necessary or appropriate in furtherance of the purposes of the Act. 
The MSRB notes that the proposed rule change will apply equally to all 
academic institutions who choose to purchase the RTRS Academic Data 
Product.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-4(b)(2)(C).
---------------------------------------------------------------------------

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

    The MSRB received 13 comment letters in response to the request for 
comment that originally proposed the RTRS Academic Data Product.\11\ As 
was proposed in the Request for Comment, the RTRS Academic Data Product 
would have been made available for a fee of $500 per calendar-year data 
set (with a one-time initial set-up fee of $500).\12\ Only two of the 
commenters addressed the proposed fees.\13\ Specifically, Harris 
commented that academics should either pay a reduced rate, when 
compared to the fee charged to industry participants and their various 
organizations and consultants, or be given access for free because, in 
his opinion, academics are often not paid to conduct their research 
while the public obtains a benefit from the research being conducted. 
ABFM stated that it believes the fee is reasonable. The MSRB notes that 
there is no occasion to provide the RTRS Academic Data Product at a 
discount, as it is available only to academic institutions. Further, 
the MSRB believes that the proposed fees, which are substantially less 
than the analogous fees for the historical transaction data sets,\14\ 
are fair and reasonable given the expenses incurred to create and 
facilitate the product, and that the fees would not overly burden 
academic institutions.
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    \11\ See MSRB Notice 2015-10 (July 16, 2015) (``Request for 
Comment'').
    \12\ The MSRB notes that the Request for Comment proposed the 
availability of the RTRS Academic Data Product in calendar-year data 
sets, but, as it does with other data products and as described 
above, the MSRB would make the RTRS Academic Data Product available 
on a rolling basis in one-year data sets.
    \13\ See letters from: Robert Kravchuk, et al., Association for 
Budgeting and Financial Management (``ABFM''), dated September 13, 
2015; and Lawrence Harris (``Harris''), Professor of Finance and 
Business Economics, University of Southern California, Marshall 
School of Business, dated September 6, 2015.
    \14\ The MSRB provides historical transaction data in one-year 
data sets for $2,500 per year and charges a one-time set-up fee of 
$2,000.
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III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing proposed rule change has become effective pursuant to 
Section 19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4 
thereunder.\16\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-MSRB-2016-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2016-14. 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 the filing also will be available 
for inspection and copying at the principal office of the MSRB. 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-MSRB-2016-14 and should be 
submitted on or before December 1, 2016.

    For the Commission, pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-27149 Filed 11-9-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices                                                 79069

                                                    corresponding options rule. The                         of Rule 9400 to violations of Chapter III,            submission, all subsequent
                                                    proposed rule change is non-                            Section 16 in the purpose section of the              amendments, all written statements
                                                    controversial. The addition of the cross-               Form 19b–4.                                           with respect to the proposed rule
                                                    reference is for clarity.                                  The text of the rule governs what                  change that are filed with the
                                                                                                            actions the Exchange can take.16                      Commission, and all written
                                                    B. Self-Regulatory Organization’s                       However, because the description in the               communications relating to the
                                                    Statement on Burden on Competition                      original filing sets forth what the                   proposed rule change between the
                                                       The Exchange does not believe that                   Exchange intended the rule to cover,                  Commission and any person, other than
                                                    the proposed rule change will impose                    and this proposed rule change corrects                those that may be withheld from the
                                                    any burden on competition not                           an oversight by the Exchange in the                   public in accordance with the
                                                    necessary or appropriate in furtherance                 previous filing, the Commission                       provisions of 5 U.S.C. 552, will be
                                                    of the purposes of the Act. This non-                   believes that waiving the 30-day                      available for Web site viewing and
                                                    controversial rule change will merely                   operative delay 17 is consistent with the             printing in the Commission’s Public
                                                    add the reference to the options rule                   protection of investors and the public                Reference Room, 100 F Street NE.,
                                                    next to the current reference for the                   interest and designates the proposal                  Washington, DC 20549, on official
                                                    equity rule to make clear, as noted in                  operative on filing.                                  business days between the hours of
                                                    the rule changes, that violations of                       At any time within 60 days of the                  10:00 a.m. and 3:00 p.m. Copies of the
                                                    either rule relating to disruptive quoting              filing of the proposed rule change, the               filing also will be available for
                                                    and trading activity, will be disciplined               Commission summarily may                              inspection and copying at the principal
                                                    pursuant to Rule 9400.                                  temporarily suspend such rule change if               office of the Exchange. All comments
                                                                                                            it appears to the Commission that such                received will be posted without change;
                                                    C. Self-Regulatory Organization’s                       action is necessary or appropriate in the             the Commission does not edit personal
                                                    Statement on Comments on the                            public interest, for the protection of                identifying information from
                                                    Proposed Rule Change Received From                      investors, or otherwise in furtherance of             submissions. You should submit only
                                                    Members, Participants, or Others                        the purposes of the Act. If the                       information that you wish to make
                                                      No written comments were either                       Commission takes such action, the                     available publicly. All submissions
                                                    solicited or received.                                  Commission will institute proceedings                 should refer to File Number SR–
                                                                                                            to determine whether the proposed rule                NASDAQ–2016–146 and should be
                                                    III. Date of Effectiveness of the
                                                                                                            change should be approved or                          submitted on or before December 1,
                                                    Proposed Rule Change and Timing for
                                                                                                            disapproved.                                          2016.
                                                    Commission Action
                                                                                                            IV. Solicitation of Comments                            For the Commission, by the Division of
                                                       Because the foregoing proposed rule                                                                        Trading and Markets, pursuant to delegated
                                                    change does not: (i) significantly affect                 Interested persons are invited to                   authority.18
                                                    the protection of investors or the public               submit written data, views and                        Brent J. Fields,
                                                    interest; (ii) impose any significant                   arguments concerning the foregoing,                   Secretary.
                                                    burden on competition; and (iii) become                 including whether the proposed rule
                                                                                                                                                                  [FR Doc. 2016–27150 Filed 11–9–16; 8:45 am]
                                                    operative for 30 days from the date on                  change is consistent with the Act.
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                    which it was filed, or such shorter time                Comments may be submitted by any of
                                                    as the Commission may designate, it has                 the following methods:
                                                    become effective pursuant to Section                    Electronic Comments                                   SECURITIES AND EXCHANGE
                                                    19(b)(3)(A) of the Act 12 and Rule 19b–                                                                       COMMISSION
                                                    4(f)(6) thereunder.13                                     • Use the Commission’s Internet
                                                       A proposed rule change filed                         comment form (http://www.sec.gov/                     [Release No. 34–79239; File No. SR–MSRB–
                                                    pursuant to Rule 19b–4(f)(6) under the                  rules/sro.shtml); or                                  2016–14]
                                                    Act 14 normally does not become                           • Send an email to rule-comments@
                                                                                                            sec.gov. Please include File Number SR–               Self-Regulatory Organizations;
                                                    operative for 30 days after the date of its                                                                   Municipal Securities Rulemaking
                                                    filing. However, Rule 19b–4(f)(6) 15                    NASDAQ–2016–146 on the subject line.
                                                                                                                                                                  Board; Notice of Filing and Immediate
                                                    permits the Commission to designate a                   Paper Comments                                        Effectiveness of a Proposed Rule
                                                    shorter time if such action is consistent
                                                                                                               • Send paper comments in triplicate                Change To Establish Fees Related to
                                                    with the protection of investors and the                                                                      the MSRB Academic Historical
                                                                                                            to Secretary, Securities and Exchange
                                                    public interest. The Exchange believes                                                                        Transaction Data Product
                                                                                                            Commission, 100 F Street, NE.,
                                                    that waiving the 30-day operative delay
                                                                                                            Washington, DC 20549–1090.
                                                    is consistent with the protection of                                                                          November 4, 2016.
                                                    investors and the public interest                       All submissions should refer to File                     Pursuant to Section 19(b)(1) of the
                                                    because it would allow the Exchange to                  Number SR–NASDAQ–2016–146. This                       Securities Exchange Act of 1934 (the
                                                    immediately add the cross-reference                     file number should be included on the                 ‘‘Act’’ or ‘‘Exchange Act’’) 1 and Rule
                                                    within Rule 9400 which would provide                    subject line if email is used. To help the            19b–4 thereunder,2 notice is hereby
                                                    clarity to members. The Exchange notes                  Commission process and review your                    given that on October 25, 2016 the
                                                    that a rule change to permit Rule 9400                  comments more efficiently, please use                 Municipal Securities Rulemaking Board
                                                    to apply to violations of Chapter III,                  only one method. The Commission will                  (the ‘‘MSRB’’ or ‘‘Board’’) filed with the
                                                                                                            post all comments on the Commission’s
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Section 16 was previously filed with the                                                                      Securities and Exchange Commission
                                                    Commission. However, that filing failed                 Internet Web site (http://www.sec.gov/                (‘‘Commission’’) the proposed rule
                                                    to amend the rule text of Rule 9400 and                 rules/sro.shtml). Copies of the                       change as described in Items I, II, and
                                                    only discussed the intended application                                                                       III below, which Items have been
                                                                                                              16 See Section 6(b)(1) of the Act. 15 U.S.C.

                                                                                                            78f(b)(1).
                                                                                                                                                                  prepared by the MSRB. The
                                                      12 15 U.S.C. 78s(b)(3)(A).                              17 For purposes only of waiving the 30-day
                                                      13 17 CFR 240.19b–4(f)(6).                                                                                    18 17 CFR 200.30–3(a)(12).
                                                                                                            operative delay, the Commission has considered the
                                                      14 17 CFR 240.19b–4(f)(6).                                                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                            proposed rule’s impact on efficiency, competition,
                                                      15 17 CFR 240.19b–4(f)(6).                            and capital formation. See 15 U.S.C. 78c(f).            2 17 CFR 240.19b–4.




                                               VerDate Sep<11>2014   19:43 Nov 09, 2016   Jkt 241001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\10NON1.SGM    10NON1


                                                    79070                     Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices

                                                    Commission is publishing this notice to                 A. Self-Regulatory Organization’s                      RTRS Academic Data Product.
                                                    solicit comments on the proposed rule                   Statement of the Purpose of, and                       Specifically, the proposed rule change
                                                    change from interested persons.                         Statutory Basis for, the Proposed Rule                 would make the RTRS Academic Data
                                                                                                            Change                                                 Product available to academic
                                                    I. Self-Regulatory Organization’s                                                                              institutions for a fee of $500 per one-
                                                    Statement of the Terms of Substance of                  1. Purpose
                                                                                                                                                                   year data set (with a one-time initial set-
                                                    the Proposed Rule Change                                   Under the Exchange Act, the MSRB is                 up fee of $500).7 The MSRB customarily
                                                                                                            charged with adopting rules with                       waives all fees associated with an MSRB
                                                       The MSRB filed with the Commission                   respect to transactions in municipal                   subscription service or historical data
                                                    a proposed amendment to the MSRB’s                      securities effected by brokers, dealers                product purchase for non-profit
                                                    facility for the Real-Time Transaction                  and municipal securities dealers                       organizations (including academic
                                                    Reporting System (‘‘RTRS’’) to establish                (‘‘dealers’’) and the municipal advisory               institutions). However, due to the
                                                    fees related to the MSRB Academic                       activities of municipal advisors. In                   additional legal and operational effort
                                                    Historical Transaction Data Product                     addition, the MSRB has undertaken to                   required for the MSRB to offer the RTRS
                                                    (‘‘RTRS Academic Data Product’’)                        create various market transparency                     Academic Data Product, the MSRB
                                                    (‘‘proposed rule change’’).3 The MSRB                   products in furtherance of its statutory               believes that the $500 fee per one-year
                                                    has designated the proposed rule change                 duties and its mission, which is, in part,             data set and $500 one-time initial set-up
                                                    as establishing or changing a fee or                    to promote a fair and efficient municipal              fee is appropriate to help defray these
                                                    charge of the MSRB, which renders the                   securities market through the collection               costs, while not overly burdening
                                                    proposed rule change effective upon                     and dissemination of market                            academic institutions.
                                                    receipt of this filing by the Commission.               information.
                                                                                                               Historically, the MSRB has operated                 2. Statutory Basis
                                                    The effective date of the fees will
                                                                                                            information systems to collect key                        Section 15B(b)(3)(B)(ii) of the
                                                    coincide with the effective date of the
                                                                                                            disclosure documents and transaction                   Exchange Act 8 provides that the MSRB:
                                                    RTRS Academic Data Product, which
                                                                                                            data to create a central warehouse of
                                                    the MSRB will announce in a regulatory                  information that in turn made most of                    shall not be prohibited from charging
                                                    notice to be published no later than                                                                           commercially reasonable fees for automated
                                                                                                            these documents and data available to                  subscription-based feeds or similar services,
                                                    December 12, 2016, and which will be                    the market—the Electronic Municipal
                                                    no later than June 9, 2017.4 The                                                                               or for charging for other data or document-
                                                                                                            Market Access (EMMA®) 5 Web site. The                  based services customized upon request of
                                                    Commission is publishing this notice to                 MSRB makes post-trade transaction data                 any person, made available to commercial
                                                    solicit comments on the proposed rule                   available to the general public through                enterprises, municipal securities market
                                                    change from interested persons.                         the EMMA Web site at no cost, and to                   professionals, or the general public, whether
                                                       The text of the proposed rule change                 data vendors, industry utilities and                   delivered through the Internet or any other
                                                                                                            others on a subscription basis through a               means, that contain all or part of the
                                                    is available on the MSRB’s Web site at                                                                         documents or information, subject to
                                                    www.msrb.org/Rules-and-                                 real-time data feed and on a delayed
                                                                                                                                                                   approval of the fees by the Commission
                                                    Interpretations/SEC-Filings/2016-                       basis.                                                 under section 19(b).
                                                    Filings.aspx, at the MSRB’s principal                      MSRB Rule G–14, on transaction
                                                                                                            reporting, requires dealers to report all                The MSRB believes that the proposed
                                                    office, and at the Commission’s Public                                                                         rule change is consistent with Section
                                                                                                            executed transactions in municipal
                                                    Reference Room.                                                                                                15B(b)(3)(B)(ii) of the Exchange Act 9 in
                                                                                                            securities to RTRS within 15 minutes of
                                                    II. Self-Regulatory Organization’s                      the time of trade, with limited                        that it would charge a fee of $500 per
                                                    Statement of the Purpose of, and                        exceptions.6 The information facility for              one-year data set (with a one-time initial
                                                    Statutory Basis for, the Proposed Rule                  RTRS serves to outline the high-level                  set-up fee of $500) for the RTRS
                                                    Change                                                  parameters by which the MSRB operates                  Academic Data Product. The MSRB
                                                                                                            the system. The new RTRS Academic                      believes these fees are commercially
                                                      In its filing with the Commission, the                Data Product will include the same                     reasonably as a means to help defray the
                                                    MSRB included statements concerning                     transactions included in the current                   additional legal and operational effort
                                                    the purpose of and basis for the                        RTRS historical transaction data sets,                 required for the MSRB to offer the RTRS
                                                    proposed rule change and discussed any                  with the inclusion of anonymized dealer                Academic Data Product, while not
                                                    comments it received on the proposed                    identifiers but the exclusion of list                  overly burdening academic institutions.
                                                    rule change. The text of these statements               offering price and takedown                            B. Self-Regulatory Organization’s
                                                    may be examined at the places specified                 transactions, which are defined such                   Statement on Burden on Competition
                                                    in Item IV below. The MSRB has                          that they generally encompass primary
                                                                                                            market transactions; will be made                        Section 15B(b)(2)(C) of the Exchange
                                                    prepared summaries, set forth in
                                                                                                            available only to academic institutions;               Act 10 requires that MSRB rules not be
                                                    Sections A, B, and C below, of the most
                                                                                                            and will be highly useful in connection                designed to impose any burden on
                                                    significant aspects of such statements.                                                                        competition not necessary or
                                                                                                            with research activities by allowing
                                                                                                            academic institutions to attribute                     appropriate in furtherance of the
                                                      3 See Exchange Act Release No. 78826 (Sept. 13,       transactions to the dealers that                       purposes of the Act. In determining
                                                    2016), 81 FR 64215 (Sept. 19, 2016) (SR–MSRB–           facilitated them.                                      whether these standards have been met,
                                                                                                                                                                   the MSRB was guided by the Board’s
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    2016–09) (‘‘Approval Order’’).                             The purpose of the proposed rule
                                                      4 See id. at 64216 (noting that the effective date
                                                                                                            change is to establish fees related to the             Policy on the Use of Economic Analysis
                                                    of the RTRS Academic Data Product will be
                                                    announced in a regulatory notice to be published          5 EMMA®                                                7 Academic institutions would be able to request
                                                                                                                          is a registered trademark of the MSRB.
                                                    no later than 90 days from the date of the Approval       6 Transactions                                       the one-year data sets on a rolling basis, and any
                                                                                                                               in securities without CUSIP
                                                    Order, and such effective date will be no later than    numbers, transactions in municipal fund securities     request that is not in a 12-month increment would
                                                    270 days following publication of the regulatory        and certain inter-dealer securities movements not      be charged the full fee for an additional year.
                                                    notice announcing Commission approval of the                                                                     8 15 U.S.C. 78o–4(b)(3)(B)(ii).
                                                                                                            eligible for comparison through a clearing agency
                                                    proposed rule change); MSRB Notice 2016–22                                                                       9 Id.
                                                                                                            are the only transactions exempt from the reporting
                                                    (Sept. 14, 2016).                                       requirements of Rule G–14.                               10 15 U.S.C. 78o–4(b)(2)(C).




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                                                                              Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices                                                      79071

                                                    in MSRB Rulemaking. In accordance                       analogous fees for the historical                       those that may be withheld from the
                                                    with this policy, the Board has                         transaction data sets,14 are fair and                   public in accordance with the
                                                    evaluated the potential impacts on                      reasonable given the expenses incurred                  provisions of 5 U.S.C. 552, will be
                                                    competition of the proposed rule                        to create and facilitate the product, and               available for Web site viewing and
                                                    change, including in comparison to                      that the fees would not overly burden                   printing in the Commission’s Public
                                                    reasonable alternative regulatory                       academic institutions.                                  Reference Room, 100 F Street NE.,
                                                    approaches, relative to the baseline. The                                                                       Washington, DC 20549 on official
                                                                                                            III. Date of Effectiveness of the
                                                    MSRB also considered other economic                                                                             business days between the hours of
                                                                                                            Proposed Rule Change and Timing for
                                                    impacts of the proposed rule change and                                                                         10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                            Commission Action
                                                    has addressed comments relevant to                                                                              filing also will be available for
                                                    these impacts in other sections of this                    The foregoing proposed rule change                   inspection and copying at the principal
                                                    document. The MSRB does not believe                     has become effective pursuant to                        office of the MSRB. All comments
                                                    that the proposed rule change will                      Section 19(b)(3)(A) of the Act 15 and                   received will be posted without change;
                                                    impose any additional burdens on                        paragraph (f) of Rule 19b–4                             the Commission does not edit personal
                                                    competition, relative to the baseline,                  thereunder.16 At any time within 60                     identifying information from
                                                    that are not necessary or appropriate in                days of the filing of the proposed rule                 submissions. You should submit only
                                                    furtherance of the purposes of the Act.                 change, the Commission summarily may                    information that you wish to make
                                                    The MSRB notes that the proposed rule                   temporarily suspend such rule change if                 available publicly. All submissions
                                                    change will apply equally to all                        it appears to the Commission that such                  should refer to File Number SR–MSRB–
                                                    academic institutions who choose to                     action is necessary or appropriate in the               2016–14 and should be submitted on or
                                                    purchase the RTRS Academic Data                         public interest, for the protection of                  before December 1, 2016.
                                                    Product.                                                investors, or otherwise in furtherance of
                                                                                                            the purposes of the Act.                                  For the Commission, pursuant to delegated
                                                    C. Self-Regulatory Organization’s                                                                               authority.17
                                                    Statement on Comments on the                            IV. Solicitation of Comments                            Brent J. Fields,
                                                    Proposed Rule Change Received From                        Interested persons are invited to                     Secretary.
                                                    Members, Participants, or Others                        submit written data, views, and                         [FR Doc. 2016–27149 Filed 11–9–16; 8:45 am]
                                                       The MSRB received 13 comment                         arguments concerning the foregoing,                     BILLING CODE 8011–01–P
                                                    letters in response to the request for                  including whether the proposed rule
                                                    comment that originally proposed the                    change is consistent with the Act.
                                                    RTRS Academic Data Product.11 As was                    Comments may be submitted by any of                     SECURITIES AND EXCHANGE
                                                    proposed in the Request for Comment,                    the following methods:                                  COMMISSION
                                                    the RTRS Academic Data Product would                    Electronic Comments                                     [Release No. 34–79245; File No. SR–NSCC–
                                                    have been made available for a fee of                                                                           2016–005)
                                                    $500 per calendar-year data set (with a                   • Use the Commission’s Internet
                                                    one-time initial set-up fee of $500).12                 comment form (http://www.sec.gov/                       Self-Regulatory Organizations;
                                                    Only two of the commenters addressed                    rules/sro.shtml); or                                    National Securities Clearing
                                                    the proposed fees.13 Specifically, Harris                 • Send an email to rule-comments@                     Corporation; Notice of Filing of
                                                    commented that academics should                         sec.gov. Please include File Number SR–                 Proposed Rule Change To Accelerate
                                                    either pay a reduced rate, when                         MSRB–2016–14 on the subject line.                       Its Trade Guaranty, Add New Clearing
                                                    compared to the fee charged to industry                 Paper Comments                                          Fund Components, Enhance Its
                                                    participants and their various                            • Send paper comments in triplicate                   Intraday Risk Management, Provide for
                                                    organizations and consultants, or be                    to Secretary, Securities and Exchange                   Loss Allocation of ‘‘Off-the-Market
                                                    given access for free because, in his                   Commission, 100 F Street NE.,                           Transactions,’’ and Make Other
                                                    opinion, academics are often not paid to                Washington, DC 20549.                                   Changes
                                                    conduct their research while the public
                                                                                                            All submissions should refer to File                    November 4, 2016
                                                    obtains a benefit from the research being
                                                                                                            Number SR–MSRB–2016–14. This file                          Pursuant to Section 19(b)(1) of the
                                                    conducted. ABFM stated that it believes
                                                                                                            number should be included on the                        Securities Exchange Act of 1934
                                                    the fee is reasonable. The MSRB notes
                                                                                                            subject line if email is used. To help the              (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                    that there is no occasion to provide the
                                                                                                            Commission process and review your                      notice is hereby given that on October
                                                    RTRS Academic Data Product at a
                                                                                                            comments more efficiently, please use                   25, 2016, National Securities Clearing
                                                    discount, as it is available only to
                                                                                                            only one method. The Commission will                    Corporation (‘‘NSCC’’ or the
                                                    academic institutions. Further, the
                                                                                                            post all comments on the Commission’s                   ‘‘Corporation’’) filed with the Securities
                                                    MSRB believes that the proposed fees,
                                                    which are substantially less than the                   Internet Web site (http://www.sec.gov/                  and Exchange Commission
                                                                                                            rules/sro.shtml). Copies of the                         (‘‘Commission’’) the proposed rule
                                                       11 See MSRB Notice 2015–10 (July 16, 2015)           submission, all subsequent                              change as described in Items I, II and III
                                                    (‘‘Request for Comment’’).                              amendments, all written statements                      below, which Items have been prepared
                                                       12 The MSRB notes that the Request for Comment       with respect to the proposed rule                       primarily by the clearing agency.3 The
                                                    proposed the availability of the RTRS Academic          change that are filed with the
                                                    Data Product in calendar-year data sets, but, as it
                                                                                                            Commission, and all written                               17 17 CFR 200.30–3(a)(12).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    does with other data products and as described
                                                    above, the MSRB would make the RTRS Academic            communications relating to the                            1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                      2 17 CFR 240.19b–4.
                                                    Data Product available on a rolling basis in one-year   proposed rule change between the
                                                    data sets.                                              Commission and any person, other than                     3 On October 25, 2016, NSCC filed this proposed
                                                       13 See letters from: Robert Kravchuk, et al.,                                                                rule change as an advance notice (SR–NSCC–2016–
                                                    Association for Budgeting and Financial                                                                         803) with the Commission pursuant to Section
                                                                                                              14 The MSRB provides historical transaction data
                                                    Management (‘‘ABFM’’), dated September 13, 2015;                                                                806(e)(1) of the Dodd-Frank Wall Street Reform and
                                                    and Lawrence Harris (‘‘Harris’’), Professor of          in one-year data sets for $2,500 per year and charges   Consumer Protection Act entitled the Payment,
                                                    Finance and Business Economics, University of           a one-time set-up fee of $2,000.                        Clearing, and Settlement Supervision Act of 2010,
                                                                                                              15 15 U.S.C. 78s(b)(3)(A).
                                                    Southern California, Marshall School of Business,                                                               12 U.S.C. 5465(e)(1), and Rule 19b–4(n)(1)(i) of the
                                                    dated September 6, 2015.                                  16 17 CFR 240.19b–4(f).                                                                          Continued




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Document Created: 2016-11-10 01:44:19
Document Modified: 2016-11-10 01:44:19
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 79069 

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