82_FR_51872 82 FR 51658 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish Fees for the New TRACE Security Activity Report and End-of-Day TRACE Transaction File

82 FR 51658 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish Fees for the New TRACE Security Activity Report and End-of-Day TRACE Transaction File

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range51658-51660
FR Document2017-24131

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017)
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51658-51660]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24131]



[[Page 51658]]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81995; File No. SR-FINRA-2017-033]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of 
Proposed Rule Change To Establish Fees for the New TRACE Security 
Activity Report and End-of-Day TRACE Transaction File

November 1, 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 24, 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, 
II, and III below, which Items have been prepared by FINRA. FINRA has 
designated the proposed rule change as ``establishing or changing a 
due, fee or other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\ 
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal 
effective upon receipt of this filing by the Commission. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    FINRA is proposing to amend Rule 7730 to establish fees for the new 
TRACE Security Activity Report and End-of-Day TRACE Transaction File.
    The text of the proposed rule change is available on FINRA's Web 
site at http://www.finra.org, at the principal office of FINRA and at 
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. FINRA has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    FINRA's TRACE data product offerings, set forth in Rule 7730 (Trade 
Reporting and Compliance Engine (TRACE)), include both real-time as 
well as historic data for most TRACE-eligible securities.\5\ The SEC 
recently approved a new (i) TRACE Security Activity Report and (ii) 
End-of-Day TRACE Transaction File.\6\ The new TRACE Security Activity 
Report is a monthly report that provides aggregated statistics by 
security for TRACE-Eligible Securities that are Corporate and Agency 
Bonds (``CA Bonds''). The report will contain basic descriptive 
security elements, aggregate par value volume information, number of 
transactions, number of unique market participant identifiers 
(``MPIDs''), and top 5 statistics for disseminated transactions in CA 
Bonds. The new End-of-Day TRACE Transaction File is a daily file 
available after the TRACE system closes that includes all transaction 
data disseminated as part of Real-Time TRACE transaction data on that 
day and is separately available for each data set for which Real-Time 
TRACE transaction data is available (i.e., the Corporate Bond Data Set, 
Agency Data Set, SP Data Set, and Rule 144A Data Set).
---------------------------------------------------------------------------

    \5\ Rule 6710 (Definitions) provides that a ``TRACE-Eligible 
Security'' is a debt security that is United States (``U.S.'') 
dollar-denominated and 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; or is a debt 
security that is U.S. dollar-denominated and issued or guaranteed by 
an Agency as defined in paragraph (k) or a Government-Sponsored 
Enterprise as defined in paragraph (n); or 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).
    \6\ Id. [sic]
---------------------------------------------------------------------------

    FINRA is now proposing to amend Rule 7730 to establish fees for the 
TRACE Security Activity Report and the End-of-Day TRACE Transaction 
File. FINRA is proposing to establish a fee of $750 per month for 
receipt of the TRACE Security Activity Report, unless the subscriber is 
a qualifying tax-exempt organization, in which case FINRA would charge 
$250 per month. FINRA also is proposing to establish a fee of $750 per 
month per data set for receipt of the End-of-Day TRACE Transaction 
File, unless the subscriber is a qualifying tax-exempt organization, in 
which case FINRA would charge $250 per month per data set. However, 
subscribers to the Vendor Real-Time Data Feed will not be charged a fee 
to receive the End-of-Day TRACE Transaction File for the Vendor Real-
Time data set(s) to which they have subscribed. FINRA believes that 
these fees are reasonable, and notes that subscribing to each product 
is optional for members and others.
    FINRA has filed the proposed rule change for immediate 
effectiveness. The effective date of the proposed rule change will be 
the date of effectiveness of the TRACE Security Activity Report and 
End-of-Day TRACE Transaction File.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 81318 (August 4, 
2017), 82 FR 37484 (August 10, 2017) (Order Approving File No. SR-
FINRA-2017-021); see also Securities Exchange Act Release No. 81114 
(July 11, 2017), 82 FR 32728 (July 17, 2017) (Order Approving File 
No. SR-FINRA-2017-015). FINRA will announce the effective date of 
each data product in a Regulatory Notice. The effective date will be 
no later than 365 days following Commission approval of each 
respective data product.
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(5) of the Act,\8\ which requires, among 
other things, that FINRA rules provide for the equitable allocation of 
reasonable dues, fees and other charges among members and issuers and 
other persons using any facility or system that FINRA operates or 
controls.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

    Pursuant to the proposal, FINRA will establish fees for (i) the 
TRACE Security Activity Report that will provide interested parties 
with a means for receiving aggregated statistics by security for CA 
Bonds, and (ii) the End-of-Day TRACE Transaction File that will provide 
interested parties with an alternative means of receiving the 
transaction information disseminated each trading day as part of the 
Real-Time TRACE transaction data product. The TRACE Security Activity 
Report will be made available to subscribers for a fee of $750 per 
month, or $250 per month for qualifying tax-exempt organizations. FINRA 
believes that the proposed fees are reasonable.
    The TRACE Security Activity Report is an entirely new report and is 
not comparable to any current FINRA TRACE data product offering. FINRA 
cannot at this time estimate the number of persons that may subscribe 
to the product. However, as indicated by the comment letters received 
by the Commission on the proposal to adopt

[[Page 51659]]

the TRACE Security Activity Report,\9\ FINRA believes that there will 
be some interest in the report, including in connection with compliance 
efforts with respect to regulatory obligations under the Investment 
Company Act of 1940.\10\ FINRA believes that the fee of $750 per month 
is reasonable given the costs to be incurred by FINRA in developing the 
report and providing ongoing administrative, functional and technical 
support to subscribers, while still being priced at an amount that 
should allow it to be accessible to interested parties. FINRA also 
notes that, for a qualifying tax-exempt organization, the fee for the 
TRACE Security Activity Report will be $250 per month. Where feasible, 
FINRA generally endeavors to provide TRACE data products to qualifying 
tax-exempt organizations at a reduced subscription fee to encourage 
access to TRACE data to facilitate bond market research.
---------------------------------------------------------------------------

    \9\ See letter to Brent J. Fields, Secretary, Commission, from 
Bennett Golub, Chief Risk Officer, and Alexis Rosenblum, Director, 
BlackRock, Inc., dated July 20, 2017; and letter to Robert W. 
Errett, Deputy Secretary, Commission, from Sean Davy, Managing 
Director, Capital Markets Division, Securities Industry and 
Financial Markets Association, dated July 20, 2017.
    \10\ 17 CFR 270.22e-4.
---------------------------------------------------------------------------

    The End-of-Day TRACE Transaction File will be made available to 
subscribers for a fee of $750 per month per data set, $250 per month 
per data set for qualifying tax-exempt organizations, or at no cost to 
subscribers to the Vendor Real-Time Data Feed for the Vendor Real-Time 
data set(s) to which they have subscribed. FINRA believes that the 
proposed fees are reasonable. FINRA currently charges $1,500 per month 
per data set for the Vendor Real-Time Data Feed. The End-of-Day TRACE 
Transaction File will provide access to all of the transactions that 
were disseminated via the Real-Time Data Feed throughout the trading 
day, but in a single file only available at the end of the trading day. 
This option not only provides a lower-priced alternative to the Vendor 
Real-Time Data Feed, it also requires less technological infrastructure 
from subscribers. Given the current fees established for this somewhat 
related product, FINRA believes that the proposed fee of $750 per month 
per data set is reasonable, which is half of the cost of the Vendor 
Real-Time Data Feed. FINRA also believes this fee is reasonable given 
the costs to be incurred by FINRA in developing the report and 
providing ongoing administrative, functional and technical support to 
subscribers. FINRA also notes that any current subscribers to Vendor 
Real-Time Data will not be charged a fee for receipt of the End-of-Day 
TRACE Transaction File for the Vendor Real-Time data set(s) to which 
they have subscribed. FINRA cannot at this time estimate the number of 
persons that may subscribe to the product; however, as stated in the 
Notice, some market participants have indicated that a simpler 
alternative that allows them to receive transaction information once a 
day in an end-of-day file would be useful.\11\ As is the case with the 
TRACE Security Activity Report, FINRA will make the End-of-Day TRACE 
Transaction File available to qualifying tax-exempt organizations at a 
reduced subscription fee (of $250 per month per data set) to encourage 
access to TRACE data to facilitate bond market research.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 80805 (May 30, 
2017), 82 FR 25862 (June 5, 2017) (Notice of Filing of File No. SR-
FINRA-2017-015) (``Notice'').
---------------------------------------------------------------------------

    FINRA believes that the proposed fees are reasonable, and notes 
that the fees will be applied equally to all similarly situated 
interested parties that choose to subscribe to either data product. 
Thus, FINRA believes that the proposed rule change is consistent with 
the Act.

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

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The proposal to establish fees 
in connection with the new TRACE Security Activity Report and End-of-
Day TRACE Transaction File applies only to members that choose to 
subscribe to these data products, and the proposed fees for each data 
product will apply equally to all similarly situated subscribers. 
Subscribers to the Vendor Real-Time Data Feed will not be charged a fee 
to receive the End-of-Day TRACE Transaction File for the Vendor Real-
Time data set(s) to which they have subscribed.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)
    of the Act \12\ and paragraph (f)(2) of Rule 19b-4 thereunder.\13\ 
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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-2017-033 on the subject line.

Paper Comments

     Send paper comments in triplicate to Robert W. Errett, 
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2017-033. 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

[[Page 51660]]

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-2017-033 and should be 
submitted on or before November 28, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24131 Filed 11-6-17; 8:45 am]
 BILLING CODE 8011-01-P



                                               51658                         Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices

                                               SECURITIES AND EXCHANGE                                  and C below, of the most significant                     which case FINRA would charge $250
                                               COMMISSION                                               aspects of such statements.                              per month per data set. However,
                                                                                                                                                                 subscribers to the Vendor Real-Time
                                                                                                        A. Self-Regulatory Organization’s
                                               [Release No. 34–81995; File No. SR–FINRA–                                                                         Data Feed will not be charged a fee to
                                                                                                        Statement of the Purpose of, and
                                               2017–033]                                                                                                         receive the End-of-Day TRACE
                                                                                                        Statutory Basis for, the Proposed Rule
                                                                                                        Change                                                   Transaction File for the Vendor Real-
                                               Self-Regulatory Organizations;                                                                                    Time data set(s) to which they have
                                               Financial Industry Regulatory                            1. Purpose                                               subscribed. FINRA believes that these
                                               Authority, Inc.; Notice of Filing and                       FINRA’s TRACE data product                            fees are reasonable, and notes that
                                               Immediate Effectiveness of Proposed                      offerings, set forth in Rule 7730 (Trade                 subscribing to each product is optional
                                               Rule Change To Establish Fees for the                    Reporting and Compliance Engine                          for members and others.
                                               New TRACE Security Activity Report                       (TRACE)), include both real-time as well                    FINRA has filed the proposed rule
                                               and End-of-Day TRACE Transaction                         as historic data for most TRACE-eligible                 change for immediate effectiveness. The
                                               File                                                     securities.5 The SEC recently approved                   effective date of the proposed rule
                                               November 1, 2017.                                        a new (i) TRACE Security Activity                        change will be the date of effectiveness
                                                                                                        Report and (ii) End-of-Day TRACE                         of the TRACE Security Activity Report
                                                  Pursuant to Section 19(b)(1) of the
                                                                                                        Transaction File.6 The new TRACE                         and End-of-Day TRACE Transaction
                                               Securities Exchange Act of 1934
                                                                                                        Security Activity Report is a monthly                    File.7
                                               (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                               notice is hereby given that on October                   report that provides aggregated statistics               2. Statutory Basis
                                               24, 2017, Financial Industry Regulatory                  by security for TRACE-Eligible
                                                                                                        Securities that are Corporate and                           FINRA believes that the proposed rule
                                               Authority, Inc. (‘‘FINRA’’) filed with the
                                                                                                        Agency Bonds (‘‘CA Bonds’’). The report                  change is consistent with the provisions
                                               Securities and Exchange Commission
                                                                                                        will contain basic descriptive security                  of Section 15A(b)(5) of the Act,8 which
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                                                                        elements, aggregate par value volume                     requires, among other things, that
                                               rule change as described in Items I, II,
                                                                                                        information, number of transactions,                     FINRA rules provide for the equitable
                                               and III below, which Items have been
                                                                                                        number of unique market participant                      allocation of reasonable dues, fees and
                                               prepared by FINRA. FINRA has
                                                                                                        identifiers (‘‘MPIDs’’), and top 5                       other charges among members and
                                               designated the proposed rule change as
                                                                                                        statistics for disseminated transactions                 issuers and other persons using any
                                               ‘‘establishing or changing a due, fee or
                                                                                                        in CA Bonds. The new End-of-Day                          facility or system that FINRA operates
                                               other charge’’ under Section
                                                                                                        TRACE Transaction File is a daily file                   or controls.
                                               19(b)(3)(A)(ii) of the Act 3 and Rule 19b–
                                                                                                        available after the TRACE system closes                     Pursuant to the proposal, FINRA will
                                               4(f)(2) thereunder,4 which renders the
                                                                                                        that includes all transaction data                       establish fees for (i) the TRACE Security
                                               proposal effective upon receipt of this
                                                                                                        disseminated as part of Real-Time                        Activity Report that will provide
                                               filing by the Commission. The
                                                                                                        TRACE transaction data on that day and                   interested parties with a means for
                                               Commission is publishing this notice to
                                                                                                        is separately available for each data set                receiving aggregated statistics by
                                               solicit comments on the proposed rule
                                                                                                        for which Real-Time TRACE transaction                    security for CA Bonds, and (ii) the End-
                                               change from interested persons.
                                                                                                        data is available (i.e., the Corporate                   of-Day TRACE Transaction File that will
                                               I. Self-Regulatory Organization’s                        Bond Data Set, Agency Data Set, SP Data                  provide interested parties with an
                                               Statement of the Terms of Substance of                   Set, and Rule 144A Data Set).                            alternative means of receiving the
                                               the Proposed Rule Change                                    FINRA is now proposing to amend                       transaction information disseminated
                                                  FINRA is proposing to amend Rule                      Rule 7730 to establish fees for the                      each trading day as part of the Real-
                                               7730 to establish fees for the new                       TRACE Security Activity Report and the                   Time TRACE transaction data product.
                                               TRACE Security Activity Report and                       End-of-Day TRACE Transaction File.                       The TRACE Security Activity Report
                                               End-of-Day TRACE Transaction File.                       FINRA is proposing to establish a fee of                 will be made available to subscribers for
                                                  The text of the proposed rule change                  $750 per month for receipt of the                        a fee of $750 per month, or $250 per
                                               is available on FINRA’s Web site at                      TRACE Security Activity Report, unless                   month for qualifying tax-exempt
                                               http://www.finra.org, at the principal                   the subscriber is a qualifying tax-exempt                organizations. FINRA believes that the
                                               office of FINRA and at the                               organization, in which case FINRA                        proposed fees are reasonable.
                                               Commission’s Public Reference Room.                      would charge $250 per month. FINRA                          The TRACE Security Activity Report
                                                                                                        also is proposing to establish a fee of                  is an entirely new report and is not
                                               II. Self-Regulatory Organization’s                       $750 per month per data set for receipt                  comparable to any current FINRA
                                               Statement of the Purpose of, and                         of the End-of-Day TRACE Transaction                      TRACE data product offering. FINRA
                                               Statutory Basis for, the Proposed Rule                   File, unless the subscriber is a                         cannot at this time estimate the number
                                               Change                                                   qualifying tax-exempt organization, in                   of persons that may subscribe to the
                                                 In its filing with the Commission,                                                                              product. However, as indicated by the
                                               FINRA included statements concerning
                                                                                                           5 Rule 6710 (Definitions) provides that a ‘‘TRACE-
                                                                                                                                                                 comment letters received by the
                                                                                                        Eligible Security’’ is a debt security that is United    Commission on the proposal to adopt
                                               the purpose of and basis for the                         States (‘‘U.S.’’) dollar-denominated and issued by a
                                               proposed rule change and discussed any                   U.S. or foreign private issuer, and, if a ‘‘restricted
                                               comments it received on the proposed                     security’’ as defined in Securities Act Rule                7 See Securities Exchange Act Release No. 81318

                                               rule change. The text of these statements                144(a)(3), sold pursuant to Securities Act Rule          (August 4, 2017), 82 FR 37484 (August 10, 2017)
                                                                                                        144A; or is a debt security that is U.S. dollar-         (Order Approving File No. SR–FINRA–2017–021);
                                               may be examined at the places specified
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                        denominated and issued or guaranteed by an               see also Securities Exchange Act Release No. 81114
                                               in Item IV below. FINRA has prepared                     Agency as defined in paragraph (k) or a                  (July 11, 2017), 82 FR 32728 (July 17, 2017) (Order
                                               summaries, set forth in sections A, B,                   Government-Sponsored Enterprise as defined in            Approving File No. SR–FINRA–2017–015). FINRA
                                                                                                        paragraph (n); or a U.S. Treasury Security as            will announce the effective date of each data
                                                                                                        defined in paragraph (p). ‘‘TRACE-Eligible               product in a Regulatory Notice. The effective date
                                                 1 15 U.S.C. 78s(b)(1).                                 Security’’ does not include a debt security that is      will be no later than 365 days following
                                                 2 17 CFR 240.19b–4.                                    issued by a foreign sovereign or a Money Market          Commission approval of each respective data
                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).                          Instrument as defined in paragraph (o).                  product.
                                                 4 17 CFR 240.19b–4(f)(2).                                 6 Id. [sic]                                              8 15 U.S.C. 78o–3(b)(5).




                                          VerDate Sep<11>2014    17:29 Nov 06, 2017   Jkt 244001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\07NON1.SGM     07NON1


                                                                          Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                            51659

                                               the TRACE Security Activity Report,9                    Day TRACE Transaction File for the                    proposed rule change, the Commission
                                               FINRA believes that there will be some                  Vendor Real-Time data set(s) to which                 summarily may temporarily suspend
                                               interest in the report, including in                    they have subscribed. FINRA cannot at                 such rule change if it appears to the
                                               connection with compliance efforts with                 this time estimate the number of                      Commission that such action is
                                               respect to regulatory obligations under                 persons that may subscribe to the                     necessary or appropriate in the public
                                               the Investment Company Act of 1940.10                   product; however, as stated in the                    interest, for the protection of investors,
                                               FINRA believes that the fee of $750 per                 Notice, some market participants have                 or otherwise in furtherance of the
                                               month is reasonable given the costs to                  indicated that a simpler alternative that             purposes of the Act. If the Commission
                                               be incurred by FINRA in developing the                  allows them to receive transaction                    takes such action, the Commission shall
                                               report and providing ongoing                            information once a day in an end-of-day               institute proceedings to determine
                                               administrative, functional and technical                file would be useful.11 As is the case                whether the proposed rule should be
                                               support to subscribers, while still being               with the TRACE Security Activity                      approved or disapproved.
                                               priced at an amount that should allow                   Report, FINRA will make the End-of-
                                                                                                                                                             IV. Solicitation of Comments
                                               it to be accessible to interested parties.              Day TRACE Transaction File available
                                               FINRA also notes that, for a qualifying                 to qualifying tax-exempt organizations                  Interested persons are invited to
                                               tax-exempt organization, the fee for the                at a reduced subscription fee (of $250                submit written data, views, and
                                               TRACE Security Activity Report will be                  per month per data set) to encourage                  arguments concerning the foregoing,
                                               $250 per month. Where feasible, FINRA                   access to TRACE data to facilitate bond               including whether the proposed rule
                                               generally endeavors to provide TRACE                    market research.                                      change is consistent with the Act.
                                               data products to qualifying tax-exempt                     FINRA believes that the proposed fees              Comments may be submitted by any of
                                               organizations at a reduced subscription                 are reasonable, and notes that the fees               the following methods:
                                               fee to encourage access to TRACE data                   will be applied equally to all similarly              Electronic Comments
                                               to facilitate bond market research.                     situated interested parties that choose to
                                                  The End-of-Day TRACE Transaction                     subscribe to either data product. Thus,                 • Use the Commission’s Internet
                                               File will be made available to                          FINRA believes that the proposed rule                 comment form (http://www.sec.gov/
                                               subscribers for a fee of $750 per month                 change is consistent with the Act.                    rules/sro.shtml); or
                                               per data set, $250 per month per data set                                                                       • Send an email to rule-comments@
                                                                                                       B. Self-Regulatory Organization’s                     sec.gov. Please include File Number SR–
                                               for qualifying tax-exempt organizations,
                                                                                                       Statement on Burden on Competition                    FINRA–2017–033 on the subject line.
                                               or at no cost to subscribers to the
                                               Vendor Real-Time Data Feed for the                         FINRA does not believe that the                    Paper Comments
                                               Vendor Real-Time data set(s) to which                   proposed rule change will result in any
                                                                                                       burden on competition that is not                        • Send paper comments in triplicate
                                               they have subscribed. FINRA believes                                                                          to Robert W. Errett, Deputy Secretary,
                                               that the proposed fees are reasonable.                  necessary or appropriate in furtherance
                                                                                                       of the purposes of the Act. The proposal              Securities and Exchange Commission,
                                               FINRA currently charges $1,500 per                                                                            100 F Street NE., Washington, DC
                                               month per data set for the Vendor Real-                 to establish fees in connection with the
                                                                                                       new TRACE Security Activity Report                    20549–1090.
                                               Time Data Feed. The End-of-Day TRACE
                                                                                                       and End-of-Day TRACE Transaction File                 All submissions should refer to File
                                               Transaction File will provide access to
                                                                                                       applies only to members that choose to                Number SR–FINRA–2017–033. This file
                                               all of the transactions that were
                                                                                                       subscribe to these data products, and                 number should be included on the
                                               disseminated via the Real-Time Data
                                                                                                       the proposed fees for each data product               subject line if email is used. To help the
                                               Feed throughout the trading day, but in
                                                                                                       will apply equally to all similarly                   Commission process and review your
                                               a single file only available at the end of
                                                                                                       situated subscribers. Subscribers to the              comments more efficiently, please use
                                               the trading day. This option not only
                                                                                                       Vendor Real-Time Data Feed will not be                only one method. The Commission will
                                               provides a lower-priced alternative to
                                                                                                       charged a fee to receive the End-of-Day               post all comments on the Commission’s
                                               the Vendor Real-Time Data Feed, it also
                                                                                                       TRACE Transaction File for the Vendor                 Internet Web site (http://www.sec.gov/
                                               requires less technological
                                                                                                       Real-Time data set(s) to which they have              rules/sro.shtml). Copies of the
                                               infrastructure from subscribers. Given
                                                                                                       subscribed.                                           submission, all subsequent
                                               the current fees established for this
                                                                                                                                                             amendments, all written statements
                                               somewhat related product, FINRA                         C. Self-Regulatory Organization’s                     with respect to the proposed rule
                                               believes that the proposed fee of $750                  Statement on Comments on the                          change that are filed with the
                                               per month per data set is reasonable,                   Proposed Rule Change Received From                    Commission, and all written
                                               which is half of the cost of the Vendor                 Members, Participants, or Others                      communications relating to the
                                               Real-Time Data Feed. FINRA also
                                                                                                         Written comments were neither                       proposed rule change between the
                                               believes this fee is reasonable given the
                                                                                                       solicited nor received.                               Commission and any person, other than
                                               costs to be incurred by FINRA in
                                                                                                                                                             those that may be withheld from the
                                               developing the report and providing                     III. Date of Effectiveness of the                     public in accordance with the
                                               ongoing administrative, functional and                  Proposed Rule Change and Timing for                   provisions of 5 U.S.C. 552, will be
                                               technical support to subscribers. FINRA                 Commission Action                                     available for Web site viewing and
                                               also notes that any current subscribers                    The foregoing rule change has become               printing in the Commission’s Public
                                               to Vendor Real-Time Data will not be                    effective pursuant to Section 19(b)(3)(A)             Reference Room, 100 F Street NE.,
                                               charged a fee for receipt of the End-of-                   of the Act 12 and paragraph (f)(2) of              Washington, DC 20549, on official
                                                                                                       Rule 19b–4 thereunder.13 At any time                  business days between the hours of
ethrower on DSK3G9T082PROD with NOTICES




                                                  9 See letter to Brent J. Fields, Secretary,

                                               Commission, from Bennett Golub, Chief Risk
                                                                                                       within 60 days of the filing of the                   10:00 a.m. and 3:00 p.m. Copies of such
                                               Officer, and Alexis Rosenblum, Director,                                                                      filing also will be available for
                                                                                                          11 See Securities Exchange Act Release No. 80805
                                               BlackRock, Inc., dated July 20, 2017; and letter to                                                           inspection and copying at the principal
                                               Robert W. Errett, Deputy Secretary, Commission,         (May 30, 2017), 82 FR 25862 (June 5, 2017) (Notice
                                                                                                       of Filing of File No. SR–FINRA–2017–015)
                                                                                                                                                             office of FINRA. All comments received
                                               from Sean Davy, Managing Director, Capital
                                               Markets Division, Securities Industry and Financial     (‘‘Notice’’).                                         will be posted without change. Persons
                                               Markets Association, dated July 20, 2017.                  12 15 U.S.C. 78s(b)(3)(A).                         submitting comments are cautioned that
                                                  10 17 CFR 270.22e–4.                                    13 17 CFR 240.19b–4(f)(2).                         we do not redact or edit personal


                                          VerDate Sep<11>2014   17:29 Nov 06, 2017   Jkt 244001   PO 00000   Frm 00063   Fmt 4703   Sfmt 4703   E:\FR\FM\07NON1.SGM   07NON1


                                               51660                        Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices

                                               identifying information from comment                      investment trusts outside of the same                 Summary of the Application
                                               submissions. You should submit only                       group of investment companies as the
                                                                                                                                                                  1. The Trust is registered as an open-
                                               information that you wish to make                         series to acquire Shares; and (f) certain
                                                                                                                                                               end management investment company
                                               available publicly. All submissions                       series to create and redeem Shares in
                                                                                                                                                               under the Act and is a statutory trust
                                               should refer to File Number SR–FINRA–                     kind in a master-feeder structure. The
                                                                                                                                                               organized under the laws of Delaware.
                                               2017–033 and should be submitted on                       Order would incorporate by reference
                                                                                                                                                               Applicants seek relief with respect to
                                               or before November 28, 2017.                              terms and conditions of a previous order
                                                                                                                                                               Reinhart Intermediate Bond NextShares
                                                 For the Commission, by the Division of                  granting the same relief sought by
                                                                                                                                                               (the ‘‘Initial Fund’’). The portfolio
                                               Trading and Markets, pursuant to delegated                applicants, as that order may be
                                                                                                                                                               positions of each Fund (as defined
                                               authority.14                                              amended from time to time (‘‘Reference
                                                                                                                                                               below) will consist of securities and
                                               Eduardo A. Aleman,                                        Order’’).1
                                                                                                                                                               other assets selected and managed by its
                                               Assistant Secretary.                                      FILING DATE:The application was filed                 Adviser or Subadviser (as defined
                                               [FR Doc. 2017–24131 Filed 11–6–17; 8:45 am]               on October 4, 2017 and amended on                     below) to pursue the Fund’s investment
                                               BILLING CODE 8011–01–P                                    October 12, 2017.                                     objective.
                                                                                                                                                                  2. The Adviser, a Wisconsin
                                                                                                         HEARING OR NOTIFICATION OF HEARING:      An
                                                                                                                                                               corporation, will be the investment
                                               SECURITIES AND EXCHANGE                                   order granting the requested relief will
                                                                                                                                                               adviser to the Initial Fund. An Adviser
                                               COMMISSION                                                be issued unless the Commission orders
                                                                                                                                                               (as defined below) will serve as
                                                                                                         a hearing. Interested persons may
                                               [Investment Company Act Release No.                                                                             investment adviser to each Fund. The
                                                                                                         request a hearing by writing to the
                                               32892; 812–14830]                                                                                               Adviser is, and any other Adviser will
                                                                                                         Commission’s Secretary and serving
                                                                                                                                                               be, registered as an investment adviser
                                                                                                         applicants with a copy of the request,
                                               Reinhart Partners, Inc., et al.                                                                                 under the Investment Advisers Act of
                                                                                                         personally or by mail. Hearing requests
                                                                                                                                                               1940 (‘‘Advisers Act’’). The Adviser may
                                               November 1, 2017.                                         should be received by the Commission
                                                                                                                                                               retain one or more subadvisers (each a
                                               AGENCY: Securities and Exchange                           by 5:30 p.m. on November 27, 2017, and
                                                                                                                                                               ‘‘Subadviser’’) to manage the portfolios
                                               Commission (‘‘Commission’’).                              should be accompanied by proof of
                                                                                                                                                               of the Funds. Any Subadviser will be
                                               ACTION: Notice.                                           service on applicants, in the form of an
                                                                                                                                                               registered, or not subject to registration,
                                                                                                         affidavit or, for lawyers, a certificate of
                                                                                                                                                               under the Advisers Act.
                                                  Notice of an application for an order                  service. Pursuant to rule 0–5 under the
                                               under section 6(c) of the Investment                                                                               3. The Distributor is a Delaware
                                                                                                         Act, hearing requests should state the
                                               Company Act of 1940 (‘‘Act’’) for an                                                                            limited liability company and a broker-
                                                                                                         nature of the writer’s interest, any facts
                                               exemption from sections 2(a)(32),                                                                               dealer registered under the Securities
                                                                                                         bearing upon the desirability of a
                                               5(a)(1), 22(d) and 22(e) of the Act and                                                                         Exchange Act of 1934 and will act as the
                                                                                                         hearing on the matter, the reason for the
                                               rule 22c–1 under the Act, under                                                                                 principal underwriter of Shares of the
                                                                                                         request, and the issues contested.
                                               sections 6(c) and 17(b) of the Act for an                                                                       Funds. Applicants request that the
                                                                                                         Persons who wish to be notified of a
                                               exemption from sections 17(a)(1) and                                                                            requested relief apply to any distributor
                                                                                                         hearing may request notification by
                                               (a)(2) of the Act, and under section                                                                            of Shares, whether affiliated or
                                                                                                         writing to the Commission’s Secretary.
                                               12(d)(1)(J) of the Act for an exemption                                                                         unaffiliated with the Adviser (included
                                               from sections 12(d)(1)(A) and (B) of the                  ADDRESSES:   Secretary, U.S. Securities               in the term ‘‘Distributor’’). Any
                                               Act.                                                      and Exchange Commission, 100 F Street                 Distributor will comply with the terms
                                                                                                         NE., Washington, DC 20549–1090.                       and conditions of the Order.
                                               APPLICANTS: Reinhart Partners, Inc. (the
                                                                                                         Applicants: Reinhart Partners, Inc., 1500
                                               ‘‘Adviser’’), Managed Portfolio Series                                                                          Requested Exemptive Relief
                                                                                                         West Market Street, Suite 100, Mequon,
                                               (the ‘‘Trust’’), and Quasar Distributors,                 Wisconsin 53092; Managed Portfolio                       4. Applicants seek the requested
                                               LLC (the ‘‘Distributor’’).                                Series, 615 East Michigan Street, 4th                 Order under section 6(c) of the Act for
                                               SUMMARY OF APPLICATION: Applicants                        Floor, Milwaukee, Wisconsin 53202;                    an exemption from sections 2(a)(32),
                                               request an order (‘‘Order’’) that permits:                Quasar Distributors, LLC, 777 East                    5(a)(1), 22(d) and 22(e) of the Act and
                                               (a) Actively managed series of certain                    Wisconsin Avenue, 6th Floor,                          rule 22c–1 under the Act, under
                                               open-end management investment                            Milwaukee, Wisconsin 53202.                           sections 6(c) and 17(b) of the Act for an
                                               companies to issue shares (‘‘Shares’’)                                                                          exemption from sections 17(a)(1) and
                                               redeemable in large aggregations only                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               17(a)(2) of the Act, and under section
                                               (‘‘Creation Units’’); (b) secondary market                Courtney S. Thornton, Senior Counsel,
                                                                                                                                                               12(d)(1)(J) of the Act for an exemption
                                               transactions in Shares to occur at the                    at (202) 551–6812, or Robert H. Shapiro,
                                                                                                                                                               from sections 12(d)(1)(A) and (B) of the
                                               next-determined net asset value plus or                   Branch Chief, at (202) 551–6821
                                                                                                                                                               Act. The requested Order would permit
                                               minus a market-determined premium or                      (Division of Investment Management,
                                                                                                                                                               applicants to offer exchange-traded
                                               discount that may vary during the                         Chief Counsel’s Office).
                                                                                                                                                               managed funds. Because the relief
                                               trading day; (c) certain series to pay                    SUPPLEMENTARY INFORMATION:    The                     requested is the same as the relief
                                               redemption proceeds, under certain                        following is a summary of the                         granted by the Commission under the
                                               circumstances, more than seven days                       application. The complete application                 Reference Order and because the
                                               from the tender of Shares for                             may be obtained via the Commission’s                  Adviser has entered into, or anticipates
                                               redemption; (d) certain affiliated                        Web site by searching for the file                    entering into, a licensing agreement
                                               persons of the series to deposit                          number, or for an applicant using the                 with Eaton Vance Management, or an
ethrower on DSK3G9T082PROD with NOTICES




                                               securities into, and receive securities                   Company name box, at http://                          affiliate thereof in order to offer
                                               from, the series in connection with the                   www.sec.gov/search/search.htm or by                   exchange-traded managed funds,2 the
                                               purchase and redemption of Creation                       calling (202) 551–8090.                               Order would incorporate by reference
                                               Units; (e) certain registered management
                                               investment companies and unit                               1 Eaton Vance Management, et al., Investment          2 Eaton Vance Management has obtained patents

                                                                                                         Company Act Rel. Nos. 31333 (Nov. 6, 2014)            with respect to certain aspects of the Funds’ method
                                                 14 17   CFR 200.30–3(a)(12).                            (notice) and 31361 (Dec. 2, 2014) (order).            of operation as exchange-traded managed funds.



                                          VerDate Sep<11>2014     17:29 Nov 06, 2017   Jkt 244001   PO 00000   Frm 00064   Fmt 4703   Sfmt 4703   E:\FR\FM\07NON1.SGM   07NON1



Document Created: 2018-10-25 10:26:59
Document Modified: 2018-10-25 10:26:59
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 51658 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR