83_FR_18949 83 FR 18866 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Temporary Exception That Permits Aggregate Reporting for Certain ATS Transactions in U.S. Treasury Securities

83 FR 18866 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Temporary Exception That Permits Aggregate Reporting for Certain ATS Transactions in U.S. Treasury Securities

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 83 (April 30, 2018)

Page Range18866-18868
FR Document2018-08995

Federal Register, Volume 83 Issue 83 (Monday, April 30, 2018)
[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Notices]
[Pages 18866-18868]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08995]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83098; File No. SR-FINRA-2018-014]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Extend the Temporary Exception That Permits 
Aggregate Reporting for Certain ATS Transactions in U.S. Treasury 
Securities

April 24, 2018.
    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 April 16, 2018, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by FINRA. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 6730 (Transaction Reporting) 
to provide an extension of the temporary exception to permit member 
alternative trading systems (``ATSs'') and member subscribers to report 
aggregate trade information to TRACE for certain transactions in U.S. 
Treasury Securities.
    The text of the proposed rule change is available on FINRA's 
website 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
    FINRA Rule 6730 sets forth a member's trade reporting obligations 
with regard to transactions in TRACE-Eligible Securities,\3\ which 
beginning on

[[Page 18867]]

July 10, 2017, included U.S. Treasury Securities.\4\ Pursuant to Rule 
6730, each FINRA member that is a ``Party to a Transaction'' \5\ in a 
TRACE-Eligible Security is obligated to report the transaction to TRACE 
within the prescribed period of time. Transaction information in U.S. 
Treasury Securities reported to TRACE currently is not subject to 
public dissemination.
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    \3\ ``TRACE-Eligible Security'' generally is defined as a debt 
security that is 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). See Rule 6710(a).
    Rule 6710(p) defines a ``U.S. Treasury Security'' as ``a 
security, other than a savings bond, issued by the U.S. Department 
of the Treasury to fund the operations of the federal government or 
to retire such outstanding securities.'' The term ``U.S. Treasury 
Security'' also includes separate principal and interest components 
of a U.S. Treasury Security that has been separated pursuant to the 
Separate Trading of Registered Interest and Principal of Securities 
(``STRIPS'') program operated by the U.S. Department of Treasury. 
See Rule 6710(p).
    \4\ See Securities Exchange Act Release No. 79116 (October 18, 
2016), 81 FR 73167 (October 24, 2016) (Notice of Filing of Amendment 
No. 1 and Order Granting Accelerated Approval of File No. SR-FINRA-
2016-027). See also Regulatory Notice 16-39 (October 2016).
    \5\ See Rule 6710(e).
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    On June 23, 2017, FINRA filed a proposed rule change to, on a 
temporary basis, adopt Supplementary Material .06 (Temporary Exception 
for Aggregate Transaction Reporting of U.S. Treasury Securities 
Executed in ATS Trading Sessions) to permit members to report trades 
that occurred in a U.S. Treasury Security executed within discrete ATS 
trading sessions \6\ (sometimes referred to as ``work-up sessions'') 
\7\ on an aggregate, rather than individual, basis (``Aggregation 
Exception'').\8\
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    \6\ FINRA understands that ATSs that permit subscribers to trade 
U.S. Treasury Securities on their platforms may permit subscribers 
to initiate a ``trading session,'' which is a discrete or timed 
order-matching event during which one or more additional subscribers 
can interact with the original order on the opposite side of the 
market or add to the initial order on the same side of the market. 
Although it is possible that some trading sessions involve a single 
transaction between two counterparties like a typical trade, FINRA 
understands that most trading sessions include multiple participants 
on one or both sides of the market during the time period the 
trading session is open.
    \7\ Different members use varying nomenclature to describe 
trading sessions. For example, one member ATS refers to these 
sessions as ``workups'' or ``workup sessions.'' In addition, the 
length of time a session remains open and other characteristics of 
how a session is structured may change from member to member. As 
used in the proposed rule change, the term ``trading session'' is 
meant to capture all variations of such types of sessions that 
member ATSs may use.
    \8\ See Securities Exchange Act Release No. 81018 (June 26, 
2017), 82 FR 29956 (June 30, 2017) (Notice of Filing and Immediate 
Effectiveness of File No. SR-FINRA-2017-023) (``Original Filing'').
---------------------------------------------------------------------------

    The Aggregation Exception provides relief to members with respect 
to the number of transactions required to be reported, the price 
reported, as well as the Time of Execution \9\ reported to TRACE. 
Specifically, the exception provided that ATSs and member subscribers 
are permitted to report transactions in U.S. Treasury Securities 
executed within discrete trading sessions by submitting a transaction 
report reflecting the aggregate amount of a U.S. Treasury Security 
purchased (sold) to another party during a single trading session at 
the average price of such transactions, with the Time of Execution 
communicated by the ATS,\10\ irrespective of the number of trades in 
the trading session. The Aggregation Exception was intended to provide 
members with additional time to complete the systems changes necessary 
to accurately report each individual transaction in a U.S. Treasury 
Security in the trading session as required by Rule 6730.\11\ Once the 
temporary exception sunsets, member ATSs and member subscribers are 
required to comply with Rule 6730 by separately reporting each 
individual trade that occurs during a trading session as well as the 
actual time and price at which each of these individual trades is 
executed.
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    \9\ Under Rule 6710(d), the ``Time of Execution'' for a 
transaction in any TRACE-Eligible Security means ``the time when the 
Parties to a Transaction agree to all of the terms of the 
transaction that are sufficient to calculate the dollar price of the 
trade.''
    \10\ FINRA notes that, even where aggregation is not necessary 
because only the ATS and two subscribers ultimately participated in 
a trading session resulting in a single cross, the proposed rule 
change permits members the flexibility to report a Time of Execution 
that is communicated by the ATS to each party. Thus, even where the 
trading session involves only one cross, member TRACE reports may 
reflect a Time of Execution that is, for example, the beginning of 
the trading session or the end of the trading session.
    \11\ See Original Filing.
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    FINRA understands from discussions with multiple member ATSs that 
are active in the market for U.S. Treasury Securities that the systems 
changes necessary to comply with Rule 6730 will require substantial 
development and testing to complete and that, further, the systems 
changes required by subscriber members also are significant and cannot 
be completed by July 10, 2018. While we understand that member ATSs 
have begun the development work necessary to report individual 
execution information, additional time is necessary, including to 
develop an additional data feed to deliver execution level information 
to subscribers and vendors. We also understand that member subscribers 
require additional time to update their systems to consume the new 
execution information to be provided by the ATSs and to systematically 
incorporate this information in their TRACE reporting to FINRA. FINRA 
believes it is important that both member ATSs and member subscribers 
perform the programming and testing necessary to accurately and 
consistently report individual executions and the time of execution to 
TRACE to avoid inconsistencies in the audit trail. Thus, FINRA is 
proposing a nine-month extension of the temporary exception, until 
April 12, 2019. As a condition to the exception, a member ATS availing 
itself of this exception would continue to be required to provide 
individual transaction information for each trade in a U.S. Treasury 
Security occurring in a trading session to FINRA upon request. In 
addition, FINRA expects that necessary testing of new required 
functionality will commence well in advance of the extended deadline of 
April 12, 2019, but at a minimum, no later than January 12, 2019.
    FINRA has filed the proposed rule change for immediate 
effectiveness. The operative date of the proposed rule change will be 
July 10, 2018 and it will sunset on April 12, 2019, which FINRA 
believes will provide members with the additional time required to 
complete necessary systems changes to comply with Rule 6730 and result 
in a more accurate and complete TRACE audit trail for U.S. Treasury 
Securities.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\12\ 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. Based on discussions with multiple member ATSs, FINRA 
believes that additional time is necessary to permit members to program 
systems to comply with Rule 6730. FINRA believes it is appropriate to 
provide the proposed relief in recognition of the fact that impacted 
members are unable to implement necessary changes by the July 10, 2018. 
FINRA believes the proposal strikes an appropriate balance in that 
FINRA will continue to receive transaction information for purchases 
and sales that occur as part of an ATS trading session, albeit 
aggregated. In addition, FINRA notes that transparency will not be 
impacted by the proposed temporary relief because transaction 
information in U.S. Treasury Securities currently is not subject to 
public dissemination.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.
    The proposed rule change should benefit members whose trades are 
executed on member ATSs as part of a

[[Page 18868]]

trading session, as it provides members with additional time to build 
or upgrade systems to enable reporting of individual transactions in 
the trading session. While the proposed rule change will temporarily 
lessen the requirements on ATSs and their subscribers as compared to 
other market participants, FINRA believes the proposed rule change is 
appropriate to allow sufficient time to make the technological changes 
necessary to comply with the rule and such accommodation will be 
limited in duration. Moreover, FINRA retains the right to require a 
member ATS availing itself of this exception to provide individual 
transaction information for each trade in a U.S. Treasury Security 
occurring in a trading session upon request.
    The proposed temporary relief is not expected to undermine the 
potential benefits of Rule 6730, as the transaction information 
reflecting the aggregate size and average price of such transactions 
should still assist the regulators to conduct monitoring and 
surveillance of the U.S. Treasury Securities markets, in order to 
detect potential disruptive trading practices and risks to market 
stability.

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 \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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. 
The Commission has waived the five-day pre-filing requirement in 
this case.
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    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-2018-014 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2018-014. 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 website (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 website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of 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-2018-014 and should be submitted 
on or before May 21, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08995 Filed 4-27-18; 8:45 am]
BILLING CODE 8011-01-P



                                                18866                            Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Notices

                                                Units in kind and that are based on                      Fund of Funds directly from a Fund will                change as described in Items I and II
                                                certain Underlying Indexes that include                  be accomplished in accordance with the                 below, which Items have been prepared
                                                foreign securities, applicants request                   policies of the Fund of Funds and will                 by FINRA. The Commission is
                                                relief from the requirement imposed by                   be based on the NAVs of the Funds.                     publishing this notice to solicit
                                                section 22(e) in order to allow such                        9. Section 6(c) of the Act permits the              comments on the proposed rule change
                                                Funds to pay redemption proceeds                         Commission to exempt any persons or                    from interested persons.
                                                within fourteen calendar days following                  transactions from any provision of the
                                                                                                         Act if such exemption is necessary or                  I. Self-Regulatory Organization’s
                                                the tender of Creation Units for
                                                                                                         appropriate in the public interest and                 Statement of the Terms of Substance of
                                                redemption. Applicants assert that the
                                                                                                         consistent with the protection of                      the Proposed Rule Change
                                                requested relief would not be
                                                inconsistent with the spirit and intent of               investors and the purposes fairly                         FINRA is proposing to amend FINRA
                                                section 22(e) to prevent unreasonable,                   intended by the policy and provisions of               Rule 6730 (Transaction Reporting) to
                                                undisclosed or unforeseen delays in the                  the Act. Section 12(d)(1)(J) of the Act                provide an extension of the temporary
                                                actual payment of redemption proceeds.                   provides that the Commission may                       exception to permit member alternative
                                                   7. Applicants request an exemption to                 exempt any person, security, or                        trading systems (‘‘ATSs’’) and member
                                                permit Funds of Funds to acquire Fund                    transaction, or any class or classes of                subscribers to report aggregate trade
                                                shares beyond the limits of section                      persons, securities, or transactions, from             information to TRACE for certain
                                                12(d)(1)(A) of the Act; and the Funds,                   any provision of section 12(d)(1) if the               transactions in U.S. Treasury Securities.
                                                and any principal underwriter for the                    exemption is consistent with the public                   The text of the proposed rule change
                                                Funds, and/or any broker or dealer                       interest and the protection of investors.              is available on FINRA’s website at
                                                registered under the Exchange Act, to                    Section 17(b) of the Act authorizes the                http://www.finra.org, at the principal
                                                sell shares to Funds of Funds beyond                     Commission to grant an order                           office of FINRA and at the
                                                the limits of section 12(d)(1)(B) of the                 permitting a transaction otherwise                     Commission’s Public Reference Room.
                                                Act. The application’s terms and                         prohibited by section 17(a) if it finds                II. Self-Regulatory Organization’s
                                                conditions are designed to, among other                  that (a) the terms of the proposed                     Statement of the Purpose of, and
                                                things, help prevent any potential (i)                   transaction are fair and reasonable and                Statutory Basis for, the Proposed Rule
                                                undue influence over a Fund through                      do not involve overreaching on the part                Change
                                                control or voting power, or in                           of any person concerned; (b) the
                                                connection with certain services,                        proposed transaction is consistent with                   In its filing with the Commission,
                                                transactions, and underwritings, (ii)                    the policies of each registered                        FINRA included statements concerning
                                                excessive layering of fees, and (iii)                    investment company involved; and (c)                   the purpose of and basis for the
                                                overly complex fund structures, which                    the proposed transaction is consistent                 proposed rule change and discussed any
                                                are the concerns underlying the limits                   with the general purposes of the Act.                  comments it received on the proposed
                                                in sections 12(d)(1)(A) and (B) of the                                                                          rule change. The text of these statements
                                                                                                           For the Commission, by the Division of
                                                Act.                                                                                                            may be examined at the places specified
                                                                                                         Investment Management, under delegated
                                                   8. Applicants request an exemption                    authority.                                             in Item IV below. FINRA has prepared
                                                from sections 17(a)(1) and 17(a)(2) of the               Eduardo A. Aleman,
                                                                                                                                                                summaries, set forth in sections A, B,
                                                Act to permit persons that are Affiliated                                                                       and C below, of the most significant
                                                                                                         Assistant Secretary.
                                                Persons, or Second-Tier Affiliates, of the                                                                      aspects of such statements.
                                                                                                         [FR Doc. 2018–08989 Filed 4–27–18; 8:45 am]
                                                Funds, solely by virtue of certain                                                                              A. Self-Regulatory Organization’s
                                                                                                         BILLING CODE 8011–01–P
                                                ownership interests, to effectuate                                                                              Statement of the Purpose of, and the
                                                purchases and redemptions in-kind. The                                                                          Statutory Basis for, the Proposed Rule
                                                deposit procedures for in-kind                           SECURITIES AND EXCHANGE                                Change
                                                purchases of Creation Units and the                      COMMISSION
                                                redemption procedures for in-kind                                                                               1. Purpose
                                                redemptions of Creation Units will be                    [Release No. 34–83098; File No. SR–FINRA–                 FINRA Rule 6730 sets forth a
                                                the same for all purchases and                           2018–014]
                                                                                                                                                                member’s trade reporting obligations
                                                redemptions and Deposit Instruments                                                                             with regard to transactions in TRACE-
                                                                                                         Self-Regulatory Organizations;
                                                and Redemption Instruments will be                                                                              Eligible Securities,3 which beginning on
                                                                                                         Financial Industry Regulatory
                                                valued in the same manner as those
                                                                                                         Authority, Inc.; Notice of Filing and
                                                investment positions currently held by                                                                             3 ‘‘TRACE-Eligible Security’’ generally is defined
                                                                                                         Immediate Effectiveness of a Proposed
                                                the Funds. Applicants also seek relief                                                                          as a debt security that is U.S. dollar-denominated
                                                                                                         Rule Change To Extend the Temporary                    and is: (1) Issued by a U.S. or foreign private issuer,
                                                from the prohibitions on affiliated
                                                                                                         Exception That Permits Aggregate                       and, if a ‘‘restricted security’’ as defined in
                                                transactions in section 17(a) to permit a                                                                       Securities Act Rule 144(a)(3), sold pursuant to
                                                                                                         Reporting for Certain ATS
                                                Fund to sell its shares to and redeem its                                                                       Securities Act Rule 144A; (2) issued or guaranteed
                                                                                                         Transactions in U.S. Treasury
                                                shares from a Fund of Funds, and to                                                                             by an Agency as defined in paragraph (k) or a
                                                                                                         Securities                                             Government-Sponsored Enterprise as defined in
                                                engage in the accompanying in-kind
                                                                                                                                                                paragraph (n); or (3) a U.S. Treasury Security as
                                                transactions with the Fund of Funds.3                    April 24, 2018.                                        defined in paragraph (p). ‘‘TRACE-Eligible
                                                The purchase of Creation Units by a                         Pursuant to Section 19(b)(1) of the                 Security’’ does not include a debt security that is
                                                                                                         Securities Exchange Act of 1934                        issued by a foreign sovereign or a Money Market
                                                  3 The requested relief would apply to direct sales
                                                                                                         (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                Instrument as defined in paragraph (o). See Rule
                                                of shares in Creation Units by a Fund to a Fund of                                                              6710(a).
                                                                                                         notice is hereby given that on April 16,
nshattuck on DSK9F9SC42PROD with NOTICES




                                                Funds and redemptions of those shares. Applicants                                                                  Rule 6710(p) defines a ‘‘U.S. Treasury Security’’
                                                are not seeking relief from section 17(a) for, and the   2018, Financial Industry Regulatory                    as ‘‘a security, other than a savings bond, issued by
                                                requested relief will not apply to, transactions         Authority, Inc. (‘‘FINRA’’) filed with the             the U.S. Department of the Treasury to fund the
                                                where a Fund could be deemed an Affiliated               Securities and Exchange Commission                     operations of the federal government or to retire
                                                Person, or a Second-Tier Affiliate, of a Fund of                                                                such outstanding securities.’’ The term ‘‘U.S.
                                                Funds because an Adviser or an entity controlling,
                                                                                                         (‘‘Commission’’) the proposed rule                     Treasury Security’’ also includes separate principal
                                                controlled by or under common control with an                                                                   and interest components of a U.S. Treasury Security
                                                                                                           1 15   U.S.C. 78s(b)(1).
                                                Adviser provides investment advisory services to                                                                that has been separated pursuant to the Separate
                                                that Fund of Funds.                                        2 17   CFR 240.19b–4.                                Trading of Registered Interest and Principal of



                                           VerDate Sep<11>2014    15:01 Apr 27, 2018   Jkt 244001   PO 00000   Frm 00092    Fmt 4703   Sfmt 4703   E:\FR\FM\30APN1.SGM   30APN1


                                                                                 Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Notices                                               18867

                                                July 10, 2017, included U.S. Treasury                      sessions by submitting a transaction                     condition to the exception, a member
                                                Securities.4 Pursuant to Rule 6730, each                   report reflecting the aggregate amount of                ATS availing itself of this exception
                                                FINRA member that is a ‘‘Party to a                        a U.S. Treasury Security purchased                       would continue to be required to
                                                Transaction’’ 5 in a TRACE-Eligible                        (sold) to another party during a single                  provide individual transaction
                                                Security is obligated to report the                        trading session at the average price of                  information for each trade in a U.S.
                                                transaction to TRACE within the                            such transactions, with the Time of                      Treasury Security occurring in a trading
                                                prescribed period of time. Transaction                     Execution communicated by the ATS,10                     session to FINRA upon request. In
                                                information in U.S. Treasury Securities                    irrespective of the number of trades in                  addition, FINRA expects that necessary
                                                reported to TRACE currently is not                         the trading session. The Aggregation                     testing of new required functionality
                                                subject to public dissemination.                           Exception was intended to provide                        will commence well in advance of the
                                                   On June 23, 2017, FINRA filed a                         members with additional time to                          extended deadline of April 12, 2019, but
                                                proposed rule change to, on a temporary                    complete the systems changes necessary                   at a minimum, no later than January 12,
                                                basis, adopt Supplementary Material .06                    to accurately report each individual                     2019.
                                                (Temporary Exception for Aggregate                         transaction in a U.S. Treasury Security                     FINRA has filed the proposed rule
                                                Transaction Reporting of U.S. Treasury                     in the trading session as required by                    change for immediate effectiveness. The
                                                Securities Executed in ATS Trading                         Rule 6730.11 Once the temporary                          operative date of the proposed rule
                                                Sessions) to permit members to report                      exception sunsets, member ATSs and                       change will be July 10, 2018 and it will
                                                trades that occurred in a U.S. Treasury                    member subscribers are required to                       sunset on April 12, 2019, which FINRA
                                                Security executed within discrete ATS                      comply with Rule 6730 by separately                      believes will provide members with the
                                                trading sessions 6 (sometimes referred to                  reporting each individual trade that                     additional time required to complete
                                                as ‘‘work-up sessions’’) 7 on an                           occurs during a trading session as well                  necessary systems changes to comply
                                                aggregate, rather than individual, basis                   as the actual time and price at which                    with Rule 6730 and result in a more
                                                (‘‘Aggregation Exception’’).8                              each of these individual trades is                       accurate and complete TRACE audit
                                                   The Aggregation Exception provides                      executed.                                                trail for U.S. Treasury Securities.
                                                relief to members with respect to the                         FINRA understands from discussions
                                                number of transactions required to be                                                                               2. Statutory Basis
                                                                                                           with multiple member ATSs that are
                                                reported, the price reported, as well as                   active in the market for U.S. Treasury                      FINRA believes that the proposed rule
                                                the Time of Execution 9 reported to                        Securities that the systems changes                      change is consistent with the provisions
                                                TRACE. Specifically, the exception                         necessary to comply with Rule 6730                       of Section 15A(b)(6) of the Act,12 which
                                                provided that ATSs and member                              will require substantial development                     requires, among other things, that
                                                subscribers are permitted to report                        and testing to complete and that,                        FINRA rules must be designed to
                                                transactions in U.S. Treasury Securities                   further, the systems changes required by                 prevent fraudulent and manipulative
                                                executed within discrete trading                           subscriber members also are significant                  acts and practices, to promote just and
                                                                                                           and cannot be completed by July 10,                      equitable principles of trade, and, in
                                                Securities (‘‘STRIPS’’) program operated by the U.S.       2018. While we understand that                           general, to protect investors and the
                                                Department of Treasury. See Rule 6710(p).                  member ATSs have begun the                               public interest. Based on discussions
                                                   4 See Securities Exchange Act Release No. 79116

                                                (October 18, 2016), 81 FR 73167 (October 24, 2016)         development work necessary to report                     with multiple member ATSs, FINRA
                                                (Notice of Filing of Amendment No. 1 and Order             individual execution information,                        believes that additional time is
                                                Granting Accelerated Approval of File No. SR–              additional time is necessary, including                  necessary to permit members to program
                                                FINRA–2016–027). See also Regulatory Notice 16–            to develop an additional data feed to                    systems to comply with Rule 6730.
                                                39 (October 2016).
                                                   5 See Rule 6710(e).                                     deliver execution level information to                   FINRA believes it is appropriate to
                                                   6 FINRA understands that ATSs that permit               subscribers and vendors. We also                         provide the proposed relief in
                                                subscribers to trade U.S. Treasury Securities on           understand that member subscribers                       recognition of the fact that impacted
                                                their platforms may permit subscribers to initiate a       require additional time to update their                  members are unable to implement
                                                ‘‘trading session,’’ which is a discrete or timed          systems to consume the new execution                     necessary changes by the July 10, 2018.
                                                order-matching event during which one or more
                                                additional subscribers can interact with the original      information to be provided by the ATSs                   FINRA believes the proposal strikes an
                                                order on the opposite side of the market or add to         and to systematically incorporate this                   appropriate balance in that FINRA will
                                                the initial order on the same side of the market.          information in their TRACE reporting to                  continue to receive transaction
                                                Although it is possible that some trading sessions         FINRA. FINRA believes it is important
                                                involve a single transaction between two
                                                                                                                                                                    information for purchases and sales that
                                                counterparties like a typical trade, FINRA                 that both member ATSs and member                         occur as part of an ATS trading session,
                                                understands that most trading sessions include             subscribers perform the programming                      albeit aggregated. In addition, FINRA
                                                multiple participants on one or both sides of the          and testing necessary to accurately and                  notes that transparency will not be
                                                market during the time period the trading session          consistently report individual
                                                is open.
                                                                                                                                                                    impacted by the proposed temporary
                                                   7 Different members use varying nomenclature to         executions and the time of execution to                  relief because transaction information in
                                                describe trading sessions. For example, one member         TRACE to avoid inconsistencies in the                    U.S. Treasury Securities currently is not
                                                ATS refers to these sessions as ‘‘workups’’ or             audit trail. Thus, FINRA is proposing a                  subject to public dissemination.
                                                ‘‘workup sessions.’’ In addition, the length of time       nine-month extension of the temporary
                                                a session remains open and other characteristics of
                                                                                                           exception, until April 12, 2019. As a                    B. Self-Regulatory Organization’s
                                                how a session is structured may change from                                                                         Statement on Burden on Competition
                                                member to member. As used in the proposed rule
                                                change, the term ‘‘trading session’’ is meant to             10 FINRA notes that, even where aggregation is           FINRA does not believe that the
                                                capture all variations of such types of sessions that      not necessary because only the ATS and two               proposed rule change will result in any
                                                member ATSs may use.                                       subscribers ultimately participated in a trading
                                                                                                                                                                    burden on competition that is not
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                                                   8 See Securities Exchange Act Release No. 81018         session resulting in a single cross, the proposed rule
                                                (June 26, 2017), 82 FR 29956 (June 30, 2017) (Notice       change permits members the flexibility to report a       necessary or appropriate in furtherance
                                                of Filing and Immediate Effectiveness of File No.          Time of Execution that is communicated by the            of the purposes of the Act.
                                                SR–FINRA–2017–023) (‘‘Original Filing’’).                  ATS to each party. Thus, even where the trading            The proposed rule change should
                                                   9 Under Rule 6710(d), the ‘‘Time of Execution’’         session involves only one cross, member TRACE
                                                                                                           reports may reflect a Time of Execution that is, for
                                                                                                                                                                    benefit members whose trades are
                                                for a transaction in any TRACE-Eligible Security
                                                means ‘‘the time when the Parties to a Transaction         example, the beginning of the trading session or the     executed on member ATSs as part of a
                                                agree to all of the terms of the transaction that are      end of the trading session.
                                                sufficient to calculate the dollar price of the trade.’’     11 See Original Filing.                                 12 15   U.S.C. 78o–3(b)(6).



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                                                18868                            Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Notices

                                                trading session, as it provides members                   public interest, for the protection of               2018–014 and should be submitted on
                                                with additional time to build or upgrade                  investors, or otherwise in furtherance of            or before May 21, 2018.
                                                systems to enable reporting of                            the purposes of the Act. If the                        For the Commission, by the Division of
                                                individual transactions in the trading                    Commission takes such action, the                    Trading and Markets, pursuant to delegated
                                                session. While the proposed rule change                   Commission shall institute proceedings               authority.15
                                                will temporarily lessen the requirements                  to determine whether the proposed rule               Eduardo A. Aleman,
                                                on ATSs and their subscribers as                          should be approved or disapproved.                   Assistant Secretary.
                                                compared to other market participants,
                                                FINRA believes the proposed rule                          IV. Solicitation of Comments                         [FR Doc. 2018–08995 Filed 4–27–18; 8:45 am]
                                                                                                                                                               BILLING CODE 8011–01–P
                                                change is appropriate to allow sufficient                   Interested persons are invited to
                                                time to make the technological changes                    submit written data, views, and
                                                necessary to comply with the rule and                     arguments concerning the foregoing,
                                                such accommodation will be limited in                     including whether the proposed rule                  SMALL BUSINESS ADMINISTRATION
                                                duration. Moreover, FINRA retains the                     change is consistent with the Act.
                                                                                                                                                               Data Collection Available for Public
                                                right to require a member ATS availing                    Comments may be submitted by any of
                                                                                                                                                               Comments
                                                itself of this exception to provide                       the following methods:
                                                individual transaction information for                                                                               60-Day notice and request for
                                                                                                                                                               ACTION:
                                                each trade in a U.S. Treasury Security                    Electronic Comments
                                                                                                                                                               comments.
                                                occurring in a trading session upon                         • Use the Commission’s internet
                                                request.                                                  comment form (http://www.sec.gov/                    SUMMARY:   The Small Business
                                                   The proposed temporary relief is not                   rules/sro.shtml); or                                 Administration (SBA) intends to request
                                                expected to undermine the potential                         • Send an email to rule-comments@                  approval, from the Office of
                                                benefits of Rule 6730, as the transaction                 sec.gov. Please include File Number SR–              Management and Budget (OMB) for the
                                                information reflecting the aggregate size                 FINRA–2018–014 on the subject line.                  collection of information described
                                                and average price of such transactions                                                                         below. The Paperwork Reduction Act
                                                should still assist the regulators to                     Paper Comments                                       (PRA) of 1995 requires federal agencies
                                                conduct monitoring and surveillance of                       • Send paper comments in triplicate               to publish a notice in the Federal
                                                the U.S. Treasury Securities markets, in                  to Secretary, Securities and Exchange                Register concerning each proposed
                                                order to detect potential disruptive                      Commission, 100 F Street NE,                         collection of information before
                                                trading practices and risks to market                     Washington, DC 20549–1090.                           submission to OMB, and to allow 60
                                                stability.                                                All submissions should refer to File                 days for public comment in response to
                                                C. Self-Regulatory Organization’s                         Number SR–FINRA–2018–014. This file                  the notice. This notice complies with
                                                Statement on Comments on the                              number should be included on the                     that requirement.
                                                Proposed Rule Change Received From                        subject line if email is used. To help the           DATES: Submit comments on or before
                                                Members, Participants, or Others                          Commission process and review your                   June 29, 2018.
                                                  Written comments were neither                           comments more efficiently, please use                ADDRESSES: Send all comments to Gina
                                                solicited nor received.                                   only one method. The Commission will                 Beyer, Program Analyst, Office of
                                                                                                          post all comments on the Commission’s                Disaster Assistance, Small Business
                                                III. Date of Effectiveness of the                         internet website (http://www.sec.gov/                Administration, 409 3rd Street, 6th
                                                Proposed Rule Change and Timing for                       rules/sro.shtml). Copies of the                      Floor, Washington, DC 20416.
                                                Commission Action                                         submission, all subsequent                           FOR FURTHER INFORMATION CONTACT: Gina
                                                   Because the foregoing proposed rule                    amendments, all written statements                   Beyer, Program Analyst, Disaster
                                                change does not: (i) Significantly affect                 with respect to the proposed rule                    Assistance, gina.beyer@sba.gov 202–
                                                the protection of investors or the public                 change that are filed with the                       205–6458, or Curtis B. Rich,
                                                interest; (ii) impose any significant                     Commission, and all written                          Management Analyst, 202–205–7030,
                                                burden on competition; and (iii) become                   communications relating to the                       curtis.rich@sba.gov.
                                                operative for 30 days from the date on                    proposed rule change between the                     SUPPLEMENTARY INFORMATION: Small
                                                which it was filed, or such shorter time                  Commission and any person, other than                Business Administration Form 700
                                                as the Commission may designate, it has                   those that may be withheld from the                  provides a record of interviews
                                                become effective pursuant to Section                      public in accordance with the                        conducted by SBA personnel with small
                                                19(b)(3)(A) of the Act 13 and Rule 19b–                   provisions of 5 U.S.C. 552, will be                  business owners, homeowners and
                                                4(f)(6) thereunder.14                                     available for website viewing and                    renters (disaster victims) who seek
                                                   At any time within 60 days of the                      printing in the Commission’s Public                  financial assistance to help in the
                                                filing of the proposed rule change, the                   Reference Room, 100 F Street NE,                     recovery from physical or economic
                                                Commission summarily may                                  Washington, DC 20549 on official                     disasters. The basic information
                                                temporarily suspend such rule change if                   business days between the hours of                   collected helps the Agency to make
                                                it appears to the Commission that such                    10:00 a.m. and 3:00 p.m. Copies of the               preliminary eligibility assessment.
                                                action is necessary or appropriate in the                 filing also will be available for
                                                                                                          inspection and copying at the principal              Solicitation of Public Comments
                                                  13 15  U.S.C. 78s(b)(3)(A).                             office of FINRA. All comments received                 SBA is requesting comments on (a)
                                                   14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–      will be posted without change. Persons               Whether the collection of information is
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                                                4(f)(6)(iii) requires a self-regulatory organization to   submitting comments are cautioned that
                                                give the Commission written notice of its intent to                                                            necessary for the agency to properly
                                                file the proposed rule change, along with a brief
                                                                                                          we do not redact or edit personal                    perform its functions; (b) whether the
                                                description and text of the proposed rule change,         identifying information from comment                 burden estimates are accurate; (c)
                                                at least five business days prior to the date of filing   submissions. You should submit only                  whether there are ways to minimize the
                                                of the proposed rule change, or such shorter time         information that you wish to make
                                                as designated by the Commission. The Commission                                                                burden, including through the use of
                                                has waived the five-day pre-filing requirement in
                                                                                                          available publicly. All submissions
                                                this case.                                                should refer to File Number SR–FINRA–                  15 17   CFR 200.30–3(a)(12).



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Document Created: 2018-04-28 01:04:04
Document Modified: 2018-04-28 01:04:04
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 Citation83 FR 18866 

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