82_FR_50402 82 FR 50194 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make Permanent an Exception to TRACE Reporting for Certain Bond Transactions Effected on the New York Stock Exchange

82 FR 50194 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make Permanent an Exception to TRACE Reporting for Certain Bond Transactions Effected on the New York Stock Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 208 (October 30, 2017)

Page Range50194-50196
FR Document2017-23479

Federal Register, Volume 82 Issue 208 (Monday, October 30, 2017)
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Pages 50194-50196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23479]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81931; File No. SR-FINRA-2017-032]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Make Permanent an Exception to TRACE Reporting 
for Certain Bond Transactions Effected on the New York Stock Exchange

October 24, 2017.
    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 October 20, 2017, 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

[[Page 50195]]

constituting a ``non-controversial'' rule change under paragraph (f)(6) 
of Rule 19b-4 under the Act,\3\ which renders the proposal effective 
upon receipt of this filing by the Commission. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to amend Rule 6730 to make permanent an 
exemption from TRACE reporting transactions in TRACE-Eligible 
Securities that are executed on a facility of the New York Stock 
Exchange (``NYSE''), subject to specified conditions.
    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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Rule 6730(e) (Reporting Requirements for Certain Transactions and 
Transfers of Securities) exempts members from reporting to the Trade 
Reporting and Compliance Engine (``TRACE'') transactions in TRACE-
Eligible Securities \4\ that are executed on a facility of the New York 
Stock Exchange (``NYSE'') in accordance with specified NYSE rules and 
that are reported to NYSE and disseminated publicly, provided that a 
data sharing agreement between FINRA and NYSE related to transactions 
covered by Rule 6730 remains in effect.\5\ This exemption currently 
operates as a pilot program and is scheduled to expire on October 27, 
2017.\6\
---------------------------------------------------------------------------

    \4\ Rule 6710 (Definitions) provides that a ``TRACE-Eligible 
Security'' is a debt security that is United States (``U.S.'') 
dollar-denominated and is: (1) Issued by a U.S. or foreign private 
issuer, and, if a ``restricted security'' as defined in Securities 
Act Rule 144(a)(3), sold pursuant to Securities Act Rule 144A; (2) 
issued or guaranteed by an Agency as defined in paragraph (k) or a 
Government-Sponsored Enterprise as defined in paragraph (n); or (3) 
a U.S. Treasury Security as defined in paragraph (p). ``TRACE-
Eligible Security'' does not include a debt security that is issued 
by a foreign sovereign or a Money Market Instrument as defined in 
paragraph (o).
    \5\ Rule 6730(e)(2) exempts members from TRACE reporting 
transactions in TRACE-Eligible Securities that are listed on a 
national securities exchange when certain conditions are met. Rule 
6730(e)(4), in contrast, exempts transactions in TRACE-Eligible 
Securities that are not listed on an exchange, but that are executed 
on a facility of NYSE when certain conditions are met.
    \6\ See Securities Exchange Act Release No. 54768 (November 16, 
2006), 71 FR 67673 (November 22, 2006) (Order Approving File No. SR-
NASD-2006-110) (pilot program in FINRA Rule 6730(e)(4), then NASD 
Rule 6230(e)(4), subject to the execution of a data sharing 
agreement addressing relevant transactions, became effective on 
January 9, 2007); Securities Exchange Act Release No. 59216 (January 
8, 2009), 74 FR 2147 (January 14, 2009) (Notice of Filing and 
Immediate Effectiveness of File No. SR-FINRA-2008-065) (pilot 
program extended to January 7, 2011); Securities Exchange Act 
Release No. 63673 (January 7, 2011), 76 FR 2739 (January 14, 2011) 
(Notice of Filing and Immediate Effectiveness of File No. SR-FINRA-
2011-002) (pilot program extended to July 8, 2011); Securities 
Exchange Act Release No. 64665 (June 14, 2011), 76 FR 35933 (June 
20, 2011) (Notice of Filing and Immediate Effectiveness of File No. 
SR-FINRA-2011-025) (pilot program extended to January 27, 2012); 
Securities Exchange Act Release No. 66018 (December 21, 2011), 76 FR 
81549 (December 28, 2011) (Notice of Filing and Immediate 
Effectiveness of File No. SR-FINRA-2011-072) (pilot program extended 
to October 26, 2012); Securities Exchange Act Release No. 68076 
(October 22, 2012), 77 FR 65431 (October 26, 2012) (Notice of Filing 
and Immediate Effectiveness of File No. SR-FINRA-2012-047) (pilot 
program extended to October 25, 2013); Securities Exchange Act 
Release No. 70288 (August 29, 2013), 78 FR 54694 (September 5, 2013) 
(Notice of Filing and Immediate Effectiveness of File No. SR-FINRA-
2013-038) (pilot program extended to October 23, 2015); and 
Securities Exchange Act Release No. 76121 (October 9, 2015) 80 FR 
62578 (October 16, 2015) (Notice of Filing and Immediate 
Effectiveness of File No. SR-FINRA-2015-037) (pilot program extended 
to October 27, 2017).
---------------------------------------------------------------------------

    FINRA is proposing to make the exemption in Rule 6730(e)(4) 
permanent. Thus, pursuant to the proposed rule change, members would 
not be required to report to TRACE transactions in TRACE-Eligible 
Securities that are executed on a NYSE facility in accordance with NYSE 
Rules 1400, 1401 and 86, where such transactions are disseminated 
publicly by NYSE, so long as a data sharing agreement is in effect 
between FINRA and NYSE related to transactions covered by Rule 6730.\7\
---------------------------------------------------------------------------

    \7\ FINRA is proposing to delete existing language conditioning 
the exemption on transactions being ``reported to NYSE in accordance 
with NYSE's applicable trade reporting rules.'' FINRA understands 
that, because NYSE immediately and automatically publicly 
disseminates transactions, NYSE does not have any rules requiring 
members to also trade report transactions in TRACE-Eligible 
Securities executed in accordance with NYSE Rules 1400, 1401 and 86.
---------------------------------------------------------------------------

    FINRA is proposing to make the exemption available on a permanent 
basis as the pilot has been operating without incident since its 
inception in 2007. Providing this exemption on a permanent basis would 
solidify in the FINRA rule a measure to avoid trade reporting to FINRA 
with regard to transactions in these securities that are disseminated 
publicly by NYSE. FINRA notes that the exemption under Rule 6730(e)(4) 
continues to be conditional on a data sharing agreement being in effect 
between FINRA and NYSE related to transactions covered by Rule 6730.
    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 FINRA can implement the proposed rule change on 
the date of filing and prior to the expiration of the current pilot.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of section 15A(b)(6) of the Act,\8\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    FINRA believes that providing the exemption on a permanent basis 
protects investors and the public because it continues to ensure that 
transactions are required to be publicly disseminated, and therefore 
transparency will be maintained for these transactions. The continued 
condition that a data sharing agreement remain in effect between NYSE 
and FINRA for transactions covered by the Rule 6730(e)(4) exemption 
allows FINRA to conduct surveillance in TRACE-Eligible Securities. In 
addition, providing the exemption on a permanent basis enhances 
regulatory efficiency and, with regard to covered transactions, permits 
members to avoid trade reporting to FINRA and the increased costs that 
may be incurred as a result of such requirement.

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. FINRA

[[Page 50196]]

believes that providing the exemption on a permanent basis does not 
result in any burden on competition since it treats all similarly-
situated members the same. Specifically, with regard to covered 
transactions, the proposal allows members to avoid trade reporting to 
FINRA and the increased costs that may be incurred as a result of such 
requirement.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
FINRA has satisfied this requirement.
---------------------------------------------------------------------------

    FINRA has asked the Commission to waive the 30-day operative delay 
so that the proposal may become operative immediately upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because such action will allow the existing TRACE exemption to remain 
available without interruption. If the pilot program were to expire on 
October 27, 2017, FINRA members would immediately become subject to 
duplicative reporting obligations with respect to transactions in 
TRACE-eligible debt securities effected on NYSE. In addition, the 
Commission notes that the pilot has been operating since 2007 without 
any issues being raised in the various comment periods to extend the 
pilot. For these reasons, the Commission hereby waives the 30-day 
operative delay requirement and designates the proposed rule change as 
operative upon filing.\11\
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
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-2017-032 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2017-032. 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. Persons submitting 
comments are cautioned that we do not redact or edit personal 
identifying information from comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-FINRA-2017-032, and should 
be submitted on or before November 20, 2017.
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23479 Filed 10-27-17; 8:45 am]
BILLING CODE 8011-01-P



                                                50194                         Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices

                                                market share and revenue of the affected                  represents that the proposed changes to              with respect to the proposed rule
                                                exchange. For the reasons described                       the Price List would provide Users with              change that are filed with the
                                                above, the Exchange believes that the                     more complete information regarding                  Commission, and all written
                                                proposed rule change reflects this                        their Access and Connectivity options.               communications relating to the
                                                competitive environment.                                  The Commission believes that waiving                 proposed rule change between the
                                                                                                          the 30-day operative delay is consistent             Commission and any person, other than
                                                C. Self-Regulatory Organization’s
                                                                                                          with the protection of investors and the             those that may be withheld from the
                                                Statement on Comments on the
                                                                                                          public interest. Accordingly, the                    public in accordance with the
                                                Proposed Rule Change Received From
                                                                                                          Commission waives the 30-day                         provisions of 5 U.S.C. 552, will be
                                                Members, Participants, or Others
                                                                                                          operative delay and designates the                   available for Web site viewing and
                                                  No written comments were solicited                      proposed rule change operative upon                  printing in the Commission’s Public
                                                or received with respect to the proposed                  filing.21                                            Reference Room, 100 F Street NE.,
                                                rule change.                                                 At any time within 60 days of the                 Washington, DC 20549 on official
                                                III. Date of Effectiveness of the                         filing of such proposed rule change, the             business days between the hours of
                                                Proposed Rule Change and Timing for                       Commission summarily may                             10:00 a.m. and 3:00 p.m. Copies of the
                                                Commission Action                                         temporarily suspend such rule change if              filing also will be available for
                                                                                                          it appears to the Commission that such               inspection and copying at the principal
                                                   The Exchange has filed the proposed                                                                         office of the Exchange. All comments
                                                                                                          action is necessary or appropriate in the
                                                rule change pursuant to Section                                                                                received will be posted without change.
                                                                                                          public interest, for the protection of
                                                19(b)(3)(A)(iii) of the Act 16 and Rule                                                                        Persons submitting comments are
                                                                                                          investors, or otherwise in furtherance of
                                                19b–4(f)(6) thereunder.17 Because the                                                                          cautioned that we do not redact or edit
                                                                                                          the purposes of the Act. If the
                                                proposed rule change does not: (i)                                                                             personal identifying information from
                                                                                                          Commission takes such action, the
                                                Significantly affect the protection of                                                                         comment submissions. You should
                                                                                                          Commission shall institute proceedings
                                                investors or the public interest; (ii)                                                                         submit only information that you wish
                                                                                                          under Section 19(b)(2)(B) 22 of the Act to
                                                impose any significant burden on                                                                               to make available publicly. All
                                                competition; and (iii) become operative                   determine whether the proposed rule
                                                                                                          change should be approved or                         submissions should refer to File
                                                prior to 30 days from the date on which                                                                        Number SR–NYSEAMER–2017–24 and
                                                it was filed, or such shorter time as the                 disapproved.
                                                                                                                                                               should be submitted on or before
                                                Commission may designate, if                              IV. Solicitation of Comments                         November 20, 2017.
                                                consistent with the protection of
                                                                                                            Interested persons are invited to                    For the Commission, by the Division of
                                                investors and the public interest, the
                                                                                                          submit written data, views, and                      Trading and Markets, pursuant to delegated
                                                proposed rule change has become                                                                                authority.23
                                                                                                          arguments concerning the foregoing,
                                                effective pursuant to Section 19(b)(3)(A)
                                                                                                          including whether the proposed rule                  Eduardo A. Aleman,
                                                of the Act and Rule 19b–4(f)(6)(iii)
                                                                                                          change is consistent with the Act.                   Assistant Secretary.
                                                thereunder.18
                                                   A proposed rule change filed under                     Comments may be submitted by any of                  [FR Doc. 2017–23474 Filed 10–27–17; 8:45 am]
                                                Rule 19b–4(f)(6) 19 normally does not                     the following methods:                               BILLING CODE 8011–01–P
                                                become operative for 30 days after the                    Electronic Comments
                                                date of the filing. However, Rule 19b–
                                                                                                             • Use the Commission’s Internet                   SECURITIES AND EXCHANGE
                                                4(f)(6)(iii) 20 permits the Commission to
                                                                                                          comment form (http://www.sec.gov/                    COMMISSION
                                                designate a shorter time if such action
                                                                                                          rules/sro.shtml); or
                                                is consistent with the protection of                                                                           [Release No. 34–81931; File No. SR–FINRA–
                                                                                                             • Send an email to rule-comments@
                                                investors and the public interest. The                                                                         2017–032]
                                                                                                          sec.gov. Please include File Number SR–
                                                Exchange has requested that the
                                                                                                          NYSEAMER–2017–24 on the subject                      Self-Regulatory Organizations;
                                                Commission waive the 30-day operative
                                                                                                          line.                                                Financial Industry Regulatory
                                                delay so that the proposal may become
                                                operative immediately upon filing. The                    Paper Comments                                       Authority, Inc.; Notice of Filing and
                                                Exchange represents that the proposed                                                                          Immediate Effectiveness of a Proposed
                                                                                                            • Send paper comments in triplicate                Rule Change To Make Permanent an
                                                rule changes present no new or novel
                                                                                                          to Secretary, Securities and Exchange                Exception to TRACE Reporting for
                                                issues. According to the Exchange,
                                                                                                          Commission, 100 F Street NE.,                        Certain Bond Transactions Effected on
                                                waiver of the operative delay would
                                                                                                          Washington, DC 20549–1090.                           the New York Stock Exchange
                                                allow Users to access the Additional
                                                Third Party Systems and the Additional                    All submissions should refer to File
                                                                                                                                                               October 24, 2017.
                                                Third Party Data Feeds without delay,                     Number SR–NYSEAMER–2017–24. This
                                                                                                          file number should be included on the                   Pursuant to section 19(b)(1) of the
                                                which would assist Users in tailoring
                                                                                                          subject line if email is used. To help the           Securities Exchange Act of 1934
                                                their data center operations to the
                                                                                                          Commission process and review your                   (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                requirements of their business
                                                                                                          comments more efficiently, please use                notice is hereby given that on October
                                                operations. The Exchange also                                                                                  20, 2017, Financial Industry Regulatory
                                                                                                          only one method. The Commission will
                                                                                                                                                               Authority, Inc. (‘‘FINRA’’) filed with the
                                                  16 15  U.S.C. 78s(b)(3)(A)(iii).                        post all comments on the Commission’s
                                                                                                                                                               Securities and Exchange Commission
                                                  17 17  CFR 240.19b–4(f)(6).                             Internet Web site (http://www.sec.gov/
                                                  18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                            (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                                                                          rules/sro.shtml). Copies of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                4(f)(6) requires a self-regulatory organization to give                                                        rule change as described in Items I and
                                                                                                          submission, all subsequent
                                                the Commission written notice of its intent to file                                                            II below, which Items have been
                                                the proposed rule change at least five business days      amendments, all written statements
                                                                                                                                                               prepared by FINRA. FINRA has
                                                prior to the date of filing of the proposed rule
                                                change, or such shorter time as designated by the           21 For purposes only of waiving the 30-day
                                                                                                                                                               designated the proposed rule change as
                                                Commission. The Exchange has satisfied this               operative delay, the Commission has considered the
                                                requirement.                                              proposed rule’s impact on efficiency, competition,     23 17 CFR 200.30–3(a)(12).
                                                  19 17 CFR 240.19b–4(f)(6).                              and capital formation. See 15 U.S.C. 78c(f).           1 15 U.S.C. 78s(b)(1).
                                                  20 17 CFR 240.19b–4(f)(6)(iii).                           22 15 U.S.C. 78s(b)(2)(B).                           2 17 CFR 240.19b–4.




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                                                                             Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices                                                  50195

                                                constituting a ‘‘non-controversial’’ rule               NYSE rules and that are reported to                       FINRA is proposing to make the
                                                change under paragraph (f)(6) of Rule                   NYSE and disseminated publicly,                        exemption available on a permanent
                                                19b–4 under the Act,3 which renders                     provided that a data sharing agreement                 basis as the pilot has been operating
                                                the proposal effective upon receipt of                  between FINRA and NYSE related to                      without incident since its inception in
                                                this filing by the Commission. The                      transactions covered by Rule 6730                      2007. Providing this exemption on a
                                                Commission is publishing this notice to                 remains in effect.5 This exemption                     permanent basis would solidify in the
                                                solicit comments on the proposed rule                   currently operates as a pilot program                  FINRA rule a measure to avoid trade
                                                change from interested persons.                         and is scheduled to expire on October                  reporting to FINRA with regard to
                                                                                                        27, 2017.6                                             transactions in these securities that are
                                                I. Self-Regulatory Organization’s                          FINRA is proposing to make the                      disseminated publicly by NYSE. FINRA
                                                Statement of the Terms of Substance of                  exemption in Rule 6730(e)(4)                           notes that the exemption under Rule
                                                the Proposed Rule Change                                permanent. Thus, pursuant to the                       6730(e)(4) continues to be conditional
                                                   FINRA is proposing to amend Rule                     proposed rule change, members would                    on a data sharing agreement being in
                                                6730 to make permanent an exemption                     not be required to report to TRACE                     effect between FINRA and NYSE related
                                                from TRACE reporting transactions in                    transactions in TRACE-Eligible                         to transactions covered by Rule 6730.
                                                TRACE-Eligible Securities that are                      Securities that are executed on a NYSE                    FINRA has filed the proposed rule
                                                executed on a facility of the New York                  facility in accordance with NYSE Rules                 change for immediate effectiveness and
                                                Stock Exchange (‘‘NYSE’’), subject to                   1400, 1401 and 86, where such                          has requested that the SEC waive the
                                                specified conditions.                                   transactions are disseminated publicly                 requirement that the proposed rule
                                                   The text of the proposed rule change                 by NYSE, so long as a data sharing                     change not become operative for 30 days
                                                is available on FINRA’s Web site at                     agreement is in effect between FINRA                   after the date of the filing, so FINRA can
                                                http://www.finra.org, at the principal                  and NYSE related to transactions                       implement the proposed rule change on
                                                office of FINRA and at the                              covered by Rule 6730.7                                 the date of filing and prior to the
                                                Commission’s Public Reference Room.                                                                            expiration of the current pilot.
                                                                                                           5 Rule 6730(e)(2) exempts members from TRACE
                                                II. Self-Regulatory Organization’s                      reporting transactions in TRACE-Eligible Securities    2. Statutory Basis
                                                Statement of the Purpose of, and                        that are listed on a national securities exchange
                                                                                                                                                                  FINRA believes that the proposed rule
                                                Statutory Basis for, the Proposed Rule                  when certain conditions are met. Rule 6730(e)(4), in
                                                                                                        contrast, exempts transactions in TRACE-Eligible       change is consistent with the provisions
                                                Change
                                                                                                        Securities that are not listed on an exchange, but     of section 15A(b)(6) of the Act,8 which
                                                   In its filing with the Commission,                   that are executed on a facility of NYSE when certain   requires, among other things, that
                                                FINRA included statements concerning                    conditions are met.
                                                                                                           6 See Securities Exchange Act Release No. 54768
                                                                                                                                                               FINRA rules must be designed to
                                                the purpose of and basis for the                                                                               prevent fraudulent and manipulative
                                                                                                        (November 16, 2006), 71 FR 67673 (November 22,
                                                proposed rule change and discussed any                  2006) (Order Approving File No. SR–NASD–2006–          acts and practices, to promote just and
                                                comments it received on the proposed                    110) (pilot program in FINRA Rule 6730(e)(4), then     equitable principles of trade, and, in
                                                rule change. The text of these statements               NASD Rule 6230(e)(4), subject to the execution of      general, to protect investors and the
                                                may be examined at the places specified                 a data sharing agreement addressing relevant
                                                                                                        transactions, became effective on January 9, 2007);    public interest.
                                                in Item IV below. FINRA has prepared                    Securities Exchange Act Release No. 59216 (January        FINRA believes that providing the
                                                summaries, set forth in sections A, B,                  8, 2009), 74 FR 2147 (January 14, 2009) (Notice of     exemption on a permanent basis
                                                and C below, of the most significant                    Filing and Immediate Effectiveness of File No. SR–     protects investors and the public
                                                aspects of such statements.                             FINRA–2008–065) (pilot program extended to
                                                                                                        January 7, 2011); Securities Exchange Act Release
                                                                                                                                                               because it continues to ensure that
                                                A. Self-Regulatory Organization’s                       No. 63673 (January 7, 2011), 76 FR 2739 (January       transactions are required to be publicly
                                                Statement of the Purpose of, and the                    14, 2011) (Notice of Filing and Immediate              disseminated, and therefore
                                                                                                        Effectiveness of File No. SR–FINRA–2011–002)           transparency will be maintained for
                                                Statutory Basis for, the Proposed Rule                  (pilot program extended to July 8, 2011); Securities
                                                Change                                                  Exchange Act Release No. 64665 (June 14, 2011), 76
                                                                                                                                                               these transactions. The continued
                                                                                                        FR 35933 (June 20, 2011) (Notice of Filing and         condition that a data sharing agreement
                                                1. Purpose                                              Immediate Effectiveness of File No. SR–FINRA–          remain in effect between NYSE and
                                                                                                        2011–025) (pilot program extended to January 27,       FINRA for transactions covered by the
                                                   Rule 6730(e) (Reporting Requirements                 2012); Securities Exchange Act Release No. 66018
                                                for Certain Transactions and Transfers                  (December 21, 2011), 76 FR 81549 (December 28,
                                                                                                                                                               Rule 6730(e)(4) exemption allows
                                                of Securities) exempts members from                     2011) (Notice of Filing and Immediate Effectiveness    FINRA to conduct surveillance in
                                                reporting to the Trade Reporting and                    of File No. SR–FINRA–2011–072) (pilot program          TRACE-Eligible Securities. In addition,
                                                                                                        extended to October 26, 2012); Securities Exchange     providing the exemption on a
                                                Compliance Engine (‘‘TRACE’’)                           Act Release No. 68076 (October 22, 2012), 77 FR
                                                transactions in TRACE-Eligible                          65431 (October 26, 2012) (Notice of Filing and
                                                                                                                                                               permanent basis enhances regulatory
                                                Securities 4 that are executed on a                     Immediate Effectiveness of File No. SR–FINRA–          efficiency and, with regard to covered
                                                facility of the New York Stock Exchange                 2012–047) (pilot program extended to October 25,       transactions, permits members to avoid
                                                                                                        2013); Securities Exchange Act Release No. 70288       trade reporting to FINRA and the
                                                (‘‘NYSE’’) in accordance with specified                 (August 29, 2013), 78 FR 54694 (September 5, 2013)
                                                                                                        (Notice of Filing and Immediate Effectiveness of
                                                                                                                                                               increased costs that may be incurred as
                                                  3 17  CFR 240.19b–4(f)(6).                            File No. SR–FINRA–2013–038) (pilot program             a result of such requirement.
                                                  4 Rule  6710 (Definitions) provides that a ‘‘TRACE-   extended to October 23, 2015); and Securities
                                                Eligible Security’’ is a debt security that is United   Exchange Act Release No. 76121 (October 9, 2015)       B. Self-Regulatory Organization’s
                                                States (‘‘U.S.’’) dollar-denominated and is: (1)        80 FR 62578 (October 16, 2015) (Notice of Filing       Statement on Burden on Competition
                                                Issued by a U.S. or foreign private issuer, and, if a   and Immediate Effectiveness of File No. SR–
                                                ‘‘restricted security’’ as defined in Securities Act    FINRA–2015–037) (pilot program extended to               FINRA does not believe that the
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                                                Rule 144(a)(3), sold pursuant to Securities Act Rule    October 27, 2017).                                     proposed rule change will result in any
                                                144A; (2) issued or guaranteed by an Agency as             7 FINRA is proposing to delete existing language    burden on competition that is not
                                                defined in paragraph (k) or a Government-               conditioning the exemption on transactions being       necessary or appropriate in furtherance
                                                Sponsored Enterprise as defined in paragraph (n);       ‘‘reported to NYSE in accordance with NYSE’s
                                                or (3) a U.S. Treasury Security as defined in           applicable trade reporting rules.’’ FINRA
                                                                                                                                                               of the purposes of the Act. FINRA
                                                paragraph (p). ‘‘TRACE-Eligible Security’’ does not     understands that, because NYSE immediately and
                                                include a debt security that is issued by a foreign     automatically publicly disseminates transactions,      Securities executed in accordance with NYSE Rules
                                                sovereign or a Money Market Instrument as defined       NYSE does not have any rules requiring members         1400, 1401 and 86.
                                                in paragraph (o).                                       to also trade report transactions in TRACE-Eligible      8 15 U.S.C. 78o–3(b)(6).




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                                                50196                         Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices

                                                believes that providing the exemption                        At any time within 60 days of the                 will be posted without change. Persons
                                                on a permanent basis does not result in                   filing of the proposed rule change, the              submitting comments are cautioned that
                                                any burden on competition since it                        Commission summarily may                             we do not redact or edit personal
                                                treats all similarly-situated members the                 temporarily suspend such rule change if              identifying information from comment
                                                same. Specifically, with regard to                        it appears to the Commission that such               submissions. You should submit only
                                                covered transactions, the proposal                        action is necessary or appropriate in the            information that you wish to make
                                                allows members to avoid trade reporting                   public interest, for the protection of               available publicly. All submissions
                                                to FINRA and the increased costs that                     investors, or otherwise in furtherance of            should refer to File Number SR–FINRA–
                                                may be incurred as a result of such                       the purposes of the Act. If the                      2017–032, and should be submitted on
                                                requirement.                                              Commission takes such action, the                    or before November 20, 2017.
                                                                                                          Commission shall institute proceedings                 For the Commission, by the Division of
                                                C. Self-Regulatory Organization’s
                                                                                                          to determine whether the proposed rule               Trading and Markets, pursuant to delegated
                                                Statement on Comments on the
                                                                                                          should be approved or disapproved.                   authority.12
                                                Proposed Rule Change Received From
                                                Members, Participants, or Others                          IV. Solicitation of Comments                         Eduardo A. Aleman,
                                                                                                                                                               Assistant Secretary.
                                                  Written comments were neither                             Interested persons are invited to
                                                                                                                                                               [FR Doc. 2017–23479 Filed 10–27–17; 8:45 am]
                                                solicited nor received.                                   submit written data, views, and
                                                                                                                                                               BILLING CODE 8011–01–P
                                                                                                          arguments concerning the foregoing,
                                                III. Date of Effectiveness of the                         including whether the proposed rule
                                                Proposed Rule Change and Timing for                       change is consistent with the Act.
                                                Commission Action                                                                                              SECURITIES AND EXCHANGE
                                                                                                          Comments may be submitted by any of                  COMMISSION
                                                   Because the foregoing proposed rule                    the following methods:
                                                                                                                                                               [Release No. 34–81935; File No. SR–GEMX–
                                                change does not: (i) Significantly affect                 Electronic Comments                                  2017–49]
                                                the protection of investors or the public
                                                                                                            • Use the Commission’s Internet
                                                interest; (ii) impose any significant                                                                          Self-Regulatory Organizations; Nasdaq
                                                                                                          comment form (http://www.sec.gov/
                                                burden on competition; and (iii) become                                                                        GEMX, LLC; Notice of Filing and
                                                                                                          rules/sro.shtml); or
                                                operative for 30 days from the date on                      • Send an email to rule-comments@                  Immediate Effectiveness of Proposed
                                                which it was filed, or such shorter time                  sec.gov. Please include File Number SR–              Rule Change To Amend Rule 723 To
                                                as the Commission may designate, it has                   FINRA–2017–032 on the subject line.                  Remove Obsolete Rule Text
                                                become effective pursuant to section
                                                19(b)(3)(A) of the Act 9 and Rule 19b–                    Paper Comments                                       October 24, 2017.
                                                4(f)(6) thereunder.10                                        • Send paper comments in triplicate                  Pursuant to section 19(b)(1) of the
                                                   FINRA has asked the Commission to                      to Brent J. Fields, Secretary, Securities            Securities Exchange Act of 1934 (the
                                                waive the 30-day operative delay so that                  and Exchange Commission, 100 F Street                ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                the proposal may become operative                         NE., Washington, DC 20549–1090.                      notice is hereby given that on October
                                                immediately upon filing. The                                                                                   17, 2017, Nasdaq GEMX, LLC (‘‘GEMX’’
                                                                                                          All submissions should refer to File
                                                Commission believes that waiving the                                                                           or ‘‘Exchange’’) filed with the Securities
                                                                                                          Number SR–FINRA–2017–032. This file
                                                30-day operative delay is consistent                                                                           and Exchange Commission (‘‘SEC’’ or
                                                                                                          number should be included on the
                                                with the protection of investors and the                                                                       ‘‘Commission’’) the proposed rule
                                                                                                          subject line if email is used. To help the
                                                public interest because such action will                                                                       change as described in Items I and II
                                                                                                          Commission process and review your
                                                allow the existing TRACE exemption to                                                                          below, which Items have been prepared
                                                                                                          comments more efficiently, please use
                                                remain available without interruption. If                                                                      by the Exchange. The Commission is
                                                                                                          only one method. The Commission will
                                                the pilot program were to expire on                                                                            publishing this notice to solicit
                                                                                                          post all comments on the Commission’s
                                                October 27, 2017, FINRA members                                                                                comments on the proposed rule change
                                                                                                          Internet Web site (http://www.sec.gov/
                                                would immediately become subject to                                                                            from interested persons.
                                                                                                          rules/sro.shtml). Copies of the
                                                duplicative reporting obligations with                    submission, all subsequent                           I. Self-Regulatory Organization’s
                                                respect to transactions in TRACE-                         amendments, all written statements                   Statement of the Terms of Substance of
                                                eligible debt securities effected on                      with respect to the proposed rule                    the Proposed Rule Change
                                                NYSE. In addition, the Commission                         change that are filed with the                          The Exchange proposes to amend
                                                notes that the pilot has been operating                   Commission, and all written                          Rule 723 (Price Improvement
                                                since 2007 without any issues being                       communications relating to the                       Mechanism for Crossing Transactions)
                                                raised in the various comment periods                     proposed rule change between the                     to remove obsolete rule text.
                                                to extend the pilot. For these reasons,                   Commission and any person, other than                   The text of the proposed rule change
                                                the Commission hereby waives the 30-                      those that may be withheld from the                  is available on the Exchange’s Web site
                                                day operative delay requirement and                       public in accordance with the                        at www.ise.com, at the principal office
                                                designates the proposed rule change as                    provisions of 5 U.S.C. 552, will be                  of the Exchange, and at the
                                                operative upon filing.11                                  available for Web site viewing and                   Commission’s Public Reference Room.
                                                                                                          printing in the Commission’s Public
                                                  9 15  U.S.C. 78s(b)(3)(A).                              Reference Room, 100 F Street NE.,                    II. Self-Regulatory Organization’s
                                                  10 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                          Washington, DC 20549 on official                     Statement of the Purpose of, and
                                                4(f)(6)(iii) requires a self-regulatory organization to                                                        Statutory Basis for, the Proposed Rule
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                                                give the Commission written notice of its intent to       business days between the hours of
                                                file the proposed rule change, along with a brief         10:00 a.m. and 3:00 p.m. Copies of such              Change
                                                description and text of the proposed rule change,         filing also will be available for                       In its filing with the Commission, the
                                                at least five business days prior to the date of filing
                                                of the proposed rule change, or such shorter time
                                                                                                          inspection and copying at the principal              Exchange included statements
                                                as designated by the Commission. FINRA has                office of FINRA. All comments received
                                                                                                                                                                 12 17 CFR 200.30–3(a)(12).
                                                satisfied this requirement.
                                                   11 For purposes only of waiving the 30-day                                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                          proposed rule’s impact on efficiency, competition,
                                                operative delay, the Commission has considered the        and capital formation. See 15 U.S.C. 78c(f).           2 17 CFR 240.19b–4.




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Document Created: 2017-10-28 00:28:41
Document Modified: 2017-10-28 00:28:41
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 Citation82 FR 50194 

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