83_FR_29963 83 FR 29840 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation of FINRA Rule 4240 (Margin Requirements for Credit Default Swaps)

83 FR 29840 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation of FINRA Rule 4240 (Margin Requirements for Credit Default Swaps)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29840-29841
FR Document2018-13614

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29840-29841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13614]



[[Page 29840]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83474; File No. SR-FINRA-2018-025]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Extend the Implementation of FINRA Rule 4240 
(Margin Requirements for Credit Default Swaps)

June 20, 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 June 11, 2018, the 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 constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under 
the Act,\3\ which renders the proposal effective upon receipt of this 
filing by the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to extend to July 18, 2019 the implementation of 
FINRA Rule 4240. FINRA Rule 4240 implements an interim pilot program 
with respect to margin requirements for certain transactions in credit 
default swaps that are security-based swaps.
    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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On May 22, 2009, the Commission approved FINRA Rule 4240,\4\ which 
implements an interim pilot program (the ``Interim Pilot Program'') 
with respect to margin requirements for certain transactions in credit 
default swaps (``CDS'').\5\ On June 14, 2017, FINRA filed a proposed 
rule change for immediate effectiveness extending the implementation of 
FINRA Rule 4240 to July 18, 2018.\6\
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    \4\ See Securities Exchange Act Release No. 59955 (May 22, 
2009), 74 FR 25586 (May 28, 2009) (Order Approving File No. SR-
FINRA-2009-012) (``Approval Order'').
    \5\ In March 2012, the SEC approved amendments to FINRA Rule 
4240 that, among other things, limit at this time the rule's 
application to credit default swaps that are security-based swaps. 
See Securities Exchange Act Release No. 66527 (March 7, 2012), 77 FR 
14850 (March 13, 2012) (Order Approving File No. SR-FINRA-2012-015).
    \6\ See Securities Exchange Act Release No. 81035 (June 27, 
2017), 82 FR 30914 (July 3, 2017) (Notice of Filing and Immediate 
Effectiveness of File No. SR-FINRA-2017-019).
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    As explained in the Approval Order, FINRA Rule 4240, coterminous 
with certain Commission actions, was intended to address concerns 
arising from systemic risk posed by CDS, including, among other things, 
risks to the financial system arising from the lack of a central 
clearing counterparty to clear and settle CDS.\7\ On July 21, 2010, the 
Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-
Frank Act'') was signed into law.\8\ Title VII of the Dodd-Frank Act 
established a comprehensive new regulatory framework for swaps and 
security-based swaps,\9\ including certain CDS. The legislation was 
intended, among other things, to enhance the authority of regulators to 
implement new rules designed to reduce risk, increase transparency, and 
promote market integrity with respect to such products.
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    \7\ See Approval Order, 74 FR at 25588-89.
    \8\ See Dodd-Frank Wall Street Reform and Consumer Protection 
Act, Public Law 111-203, 124 Stat. 1376 (2010).
    \9\ The terms ``swap'' and ``security-based swap'' are defined 
in Sections 721 and 761 of the Dodd-Frank Act. The Commodity Futures 
Trading Commission (``CFTC'') and the Commission jointly have 
approved rules to further define these terms. See Securities 
Exchange Act Release No. 67453 (July 18, 2012), 77 FR 48208 (August 
13, 2012) (Joint Final Rule; Interpretations; Request for Comment on 
an Interpretation: Further Definition of ``Swap,'' ``Security-Based 
Swap,'' and ``Security-Based Swap Agreement''; Mixed Swaps; 
Security-Based Swap Agreement Recordkeeping). See also Securities 
Exchange Act Release No. 66868 (April 27, 2012), 77 FR 30596 (May 
23, 2012) (Joint Final Rule; Joint Interim Final Rule; 
Interpretations: Further Definition of ``Swap Dealer,'' ``Security-
Based Swap Dealer,'' ``Major Swap Participant,'' ``Major Security-
Based Swap Participant,'' and ``Eligible Contract Participant'').
---------------------------------------------------------------------------

    The Commission and the CFTC have proposed or adopted rules with 
respect to swaps and security-based swaps pursuant to Title VII of the 
Dodd-Frank Act.\10\ FINRA believes it is appropriate to extend the 
Interim Pilot Program for a limited period, to July 18, 2019, in light 
of the continuing development of the CDS business and ongoing 
regulatory developments. FINRA is considering proposing additional 
amendments to the Interim Pilot Program.
---------------------------------------------------------------------------

    \10\ See, e.g., Securities Exchange Act Release No. 79833 
(January 18, 2017), 82 FR 8467 (January 25, 2017) (Order Extending 
Certain Temporary Exemptions Under the Securities Exchange Act of 
1934 in Connection With the Revision of the Definition of 
``Security'' To Encompass Security-Based Swaps and Request for 
Comment); Securities Exchange Act Release No. 67177 (June 11, 2012), 
77 FR 35625 (June 14, 2012) (Notice of Statement of General Policy 
with Request for Public Comment: Statement of General Policy on the 
Sequencing of the Compliance Dates for Final Rules Applicable to 
Security-Based Swaps Adopted Pursuant to the Securities Exchange Act 
of 1934 and the Dodd-Frank Wall Street Reform and Consumer 
Protection Act); Securities Exchange Act Release No. 68071 (October 
18, 2012), 77 FR 70214 (November 23, 2012) (Proposed Rule: Capital, 
Margin, and Segregation Requirements for Security-Based Swap Dealers 
and Major Security-Based Swap Participants and Capital Requirements 
for Broker-Dealers). See also Securities Exchange Act Release No. 
71958 (April 17, 2014), 79 FR 25194 (May 2, 2014) (Proposed Rule: 
Recordkeeping and Reporting Requirements for Security-Based Swap 
Dealers, Major Security-Based Swap Participants, and Broker-Dealers; 
Capital Rule for Certain Security-Based Swap Dealers).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate 
effectiveness. FINRA is proposing that the implementation date of the 
proposed rule change will be July 18, 2018. The proposed rule change 
will expire on July 18, 2019.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. FINRA believes that the proposed rule change is 
consistent with the Act because, in light of the continuing development 
of the CDS business and ongoing regulatory developments, extending the 
implementation of the margin requirements as set forth by FINRA Rule

[[Page 29841]]

4240 will help to stabilize the financial markets.
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    \11\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. FINRA believes that extending 
the implementation of FINRA Rule 4240 for a limited period, to July 18, 
2019, in light of the continuing development of the CDS business and 
ongoing regulatory developments, helps to promote stability in the 
financial markets and regulatory certainty for members.

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 \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
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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-2018-025 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2018-025. 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 a.m. and 3 
p.m. Copies of such filing also will be available for inspection and 
copying at the principal office of FINRA. All comments received will be 
posted without change. Persons submitting comments are cautioned that 
we do not redact or edit personal identifying information from comment 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
FINRA-2018-025 and should be submitted on or before July 17, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13614 Filed 6-25-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                29840                          Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

                                                SECURITIES AND EXCHANGE                                 and C below, of the most significant                    things, to enhance the authority of
                                                COMMISSION                                              aspects of such statements.                             regulators to implement new rules
                                                                                                                                                                designed to reduce risk, increase
                                                [Release No. 34–83474; File No. SR–FINRA–               A. Self-Regulatory Organization’s
                                                                                                                                                                transparency, and promote market
                                                2018–025]                                               Statement of the Purpose of, and
                                                                                                        Statutory Basis for, the Proposed Rule                  integrity with respect to such products.
                                                Self-Regulatory Organizations;                                                                                     The Commission and the CFTC have
                                                                                                        Change
                                                Financial Industry Regulatory                                                                                   proposed or adopted rules with respect
                                                Authority, Inc.; Notice of Filing and                   1. Purpose                                              to swaps and security-based swaps
                                                Immediate Effectiveness of a Proposed                      On May 22, 2009, the Commission                      pursuant to Title VII of the Dodd-Frank
                                                Rule Change To Extend the                               approved FINRA Rule 4240,4 which                        Act.10 FINRA believes it is appropriate
                                                Implementation of FINRA Rule 4240                       implements an interim pilot program                     to extend the Interim Pilot Program for
                                                (Margin Requirements for Credit                         (the ‘‘Interim Pilot Program’’) with                    a limited period, to July 18, 2019, in
                                                Default Swaps)                                          respect to margin requirements for                      light of the continuing development of
                                                                                                        certain transactions in credit default                  the CDS business and ongoing
                                                June 20, 2018.                                          swaps (‘‘CDS’’).5 On June 14, 2017,                     regulatory developments. FINRA is
                                                   Pursuant to Section 19(b)(1) of the                  FINRA filed a proposed rule change for                  considering proposing additional
                                                Securities Exchange Act of 1934                         immediate effectiveness extending the                   amendments to the Interim Pilot
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 implementation of FINRA Rule 4240 to                    Program.
                                                notice is hereby given that on June 11,                 July 18, 2018.6                                            FINRA has filed the proposed rule
                                                2018, the Financial Industry Regulatory                    As explained in the Approval Order,                  change for immediate effectiveness.
                                                Authority, Inc. (‘‘FINRA’’) filed with the              FINRA Rule 4240, coterminous with                       FINRA is proposing that the
                                                Securities and Exchange Commission                      certain Commission actions, was                         implementation date of the proposed
                                                (‘‘SEC’’ or ‘‘Commission’’) the proposed                intended to address concerns arising                    rule change will be July 18, 2018. The
                                                rule change as described in Items I, II,                from systemic risk posed by CDS,                        proposed rule change will expire on
                                                and III below, which Items have been                    including, among other things, risks to                 July 18, 2019.
                                                prepared by FINRA. FINRA has                            the financial system arising from the                   2. Statutory Basis
                                                designated the proposed rule change as                  lack of a central clearing counterparty to
                                                constituting a ‘‘non-controversial’’ rule               clear and settle CDS.7 On July 21, 2010,                   FINRA believes that the proposed rule
                                                change under paragraph (f)(6) of Rule                   the Dodd-Frank Wall Street Reform and                   change is consistent with the provisions
                                                19b–4 under the Act,3 which renders                     Consumer Protection Act (the ‘‘Dodd-                    of Section 15A(b)(6) of the Act,11 which
                                                the proposal effective upon receipt of                  Frank Act’’) was signed into law.8 Title                requires, among other things, that
                                                this filing by the Commission. The                      VII of the Dodd-Frank Act established a                 FINRA rules must be designed to
                                                Commission is publishing this notice to                 comprehensive new regulatory                            prevent fraudulent and manipulative
                                                solicit comments on the proposed rule                   framework for swaps and security-based                  acts and practices, to promote just and
                                                change from interested persons.                         swaps,9 including certain CDS. The                      equitable principles of trade, and, in
                                                                                                        legislation was intended, among other                   general, to protect investors and the
                                                I. Self-Regulatory Organization’s                                                                               public interest. FINRA believes that the
                                                Statement of the Terms of Substance of                                                                          proposed rule change is consistent with
                                                                                                           4 See Securities Exchange Act Release No. 59955
                                                the Proposed Rule Change                                                                                        the Act because, in light of the
                                                                                                        (May 22, 2009), 74 FR 25586 (May 28, 2009) (Order
                                                   FINRA is proposing to extend to July                 Approving File No. SR–FINRA–2009–012)                   continuing development of the CDS
                                                18, 2019 the implementation of FINRA                    (‘‘Approval Order’’).                                   business and ongoing regulatory
                                                                                                           5 In March 2012, the SEC approved amendments
                                                Rule 4240. FINRA Rule 4240                                                                                      developments, extending the
                                                                                                        to FINRA Rule 4240 that, among other things, limit
                                                implements an interim pilot program                     at this time the rule’s application to credit default   implementation of the margin
                                                with respect to margin requirements for                 swaps that are security-based swaps. See Securities     requirements as set forth by FINRA Rule
                                                certain transactions in credit default                  Exchange Act Release No. 66527 (March 7, 2012),
                                                swaps that are security-based swaps.                    77 FR 14850 (March 13, 2012) (Order Approving             10 See, e.g., Securities Exchange Act Release No.
                                                                                                        File No. SR–FINRA–2012–015).
                                                   The text of the proposed rule change                    6 See Securities Exchange Act Release No. 81035
                                                                                                                                                                79833 (January 18, 2017), 82 FR 8467 (January 25,
                                                is available on FINRA’s website at                                                                              2017) (Order Extending Certain Temporary
                                                                                                        (June 27, 2017), 82 FR 30914 (July 3, 2017) (Notice     Exemptions Under the Securities Exchange Act of
                                                http://www.finra.org, at the principal                  of Filing and Immediate Effectiveness of File No.       1934 in Connection With the Revision of the
                                                office of FINRA, and at the                             SR–FINRA–2017–019).                                     Definition of ‘‘Security’’ To Encompass Security-
                                                                                                           7 See Approval Order, 74 FR at 25588–89.
                                                Commission’s Public Reference Room.                                                                             Based Swaps and Request for Comment); Securities
                                                                                                           8 See Dodd-Frank Wall Street Reform and              Exchange Act Release No. 67177 (June 11, 2012), 77
                                                II. Self-Regulatory Organization’s                      Consumer Protection Act, Public Law 111–203, 124        FR 35625 (June 14, 2012) (Notice of Statement of
                                                Statement of the Purpose of, and                        Stat. 1376 (2010).                                      General Policy with Request for Public Comment:
                                                                                                           9 The terms ‘‘swap’’ and ‘‘security-based swap’’     Statement of General Policy on the Sequencing of
                                                Statutory Basis for, the Proposed Rule                                                                          the Compliance Dates for Final Rules Applicable to
                                                                                                        are defined in Sections 721 and 761 of the Dodd-
                                                Change                                                  Frank Act. The Commodity Futures Trading                Security-Based Swaps Adopted Pursuant to the
                                                                                                        Commission (‘‘CFTC’’) and the Commission jointly        Securities Exchange Act of 1934 and the Dodd-
                                                   In its filing with the Commission,                                                                           Frank Wall Street Reform and Consumer Protection
                                                                                                        have approved rules to further define these terms.
                                                FINRA included statements concerning                    See Securities Exchange Act Release No. 67453           Act); Securities Exchange Act Release No. 68071
                                                the purpose of and basis for the                        (July 18, 2012), 77 FR 48208 (August 13, 2012)          (October 18, 2012), 77 FR 70214 (November 23,
                                                proposed rule change and discussed any                  (Joint Final Rule; Interpretations; Request for         2012) (Proposed Rule: Capital, Margin, and
                                                                                                        Comment on an Interpretation: Further Definition of     Segregation Requirements for Security-Based Swap
                                                comments it received on the proposed                                                                            Dealers and Major Security-Based Swap
                                                                                                        ‘‘Swap,’’ ‘‘Security-Based Swap,’’ and ‘‘Security-
sradovich on DSK3GMQ082PROD with NOTICES




                                                rule change. The text of these statements               Based Swap Agreement’’; Mixed Swaps; Security-          Participants and Capital Requirements for Broker-
                                                may be examined at the places specified                 Based Swap Agreement Recordkeeping). See also           Dealers). See also Securities Exchange Act Release
                                                in Item IV below. FINRA has prepared                    Securities Exchange Act Release No. 66868 (April        No. 71958 (April 17, 2014), 79 FR 25194 (May 2,
                                                                                                        27, 2012), 77 FR 30596 (May 23, 2012) (Joint Final      2014) (Proposed Rule: Recordkeeping and Reporting
                                                summaries, set forth in sections A, B,                                                                          Requirements for Security-Based Swap Dealers,
                                                                                                        Rule; Joint Interim Final Rule; Interpretations:
                                                                                                        Further Definition of ‘‘Swap Dealer,’’ ‘‘Security-      Major Security-Based Swap Participants, and
                                                  1 15 U.S.C. 78s(b)(1).                                Based Swap Dealer,’’ ‘‘Major Swap Participant,’’        Broker-Dealers; Capital Rule for Certain Security-
                                                  2 17 CFR 240.19b–4.                                                                                           Based Swap Dealers).
                                                                                                        ‘‘Major Security-Based Swap Participant,’’ and
                                                  3 17 CFR 240.19b–4(f)(6).                             ‘‘Eligible Contract Participant’’).                       11 15 U.S.C. 78o–3(b)(6).




                                           VerDate Sep<11>2014   17:24 Jun 25, 2018   Jkt 244001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\26JNN1.SGM   26JNN1


                                                                                 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices                                             29841

                                                4240 will help to stabilize the financial                 Electronic Comments                                     SECURITIES AND EXCHANGE
                                                markets.                                                                                                          COMMISSION
                                                                                                            • Use the Commission’s internet
                                                B. Self-Regulatory Organization’s                         comment form (http://www.sec.gov/                       Submission for OMB Review;
                                                Statement on Burden on Competition                        rules/sro.shtml); or                                    Comment Request
                                                   FINRA does not believe that the                          • Send an email to rule-comments@                     Upon Written Request, Copies Available
                                                proposed rule change will result in any                   sec.gov. Please include File Number SR–                  From: Securities and Exchange
                                                burden on competition that is not                         FINRA–2018–025 on the subject line.                      Commission, Office of FOIA Services,
                                                necessary or appropriate in furtherance                   Paper Comments                                           Washington, DC 20549–2736
                                                of the purposes of the Act. FINRA                                                                                 Extension:
                                                believes that extending the                                 • Send paper comments in triplicate                     Rule 15g–3, SEC File No. 270–346, OMB
                                                implementation of FINRA Rule 4240 for                     to Eduardo Aleman, Assistant Secretary,                     Control No. 3235–0392
                                                a limited period, to July 18, 2019, in                    Securities and Exchange Commission,                        Notice is hereby given that pursuant
                                                light of the continuing development of                    100 F Street NE, Washington, DC                         to the Paperwork Reduction Act of 1995
                                                the CDS business and ongoing                              20549–1090.                                             (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                regulatory developments, helps to                                                                                 Securities and Exchange Commission
                                                promote stability in the financial                        All submissions should refer to File
                                                                                                                                                                  (‘‘Commission’’) has submitted to the
                                                markets and regulatory certainty for                      Number SR–FINRA–2018–025. This file                     Office of Management and Budget
                                                members.                                                  number should be included on the                        (‘‘OMB’’) a request for approval of
                                                                                                          subject line if email is used. To help the              extension of the existing collection of
                                                C. Self-Regulatory Organization’s                         Commission process and review your                      information provided for in Rule 15g–
                                                Statement on Comments on the                              comments more efficiently, please use                   3—Broker or dealer disclosure of
                                                Proposed Rule Change Received From                        only one method. The Commission will                    quotations and other information
                                                Members, Participants, or Others                          post all comments on the Commission’s                   relating to the penny stock market (17
                                                                                                          internet website (http://www.sec.gov/                   CFR 240.15g–3) under the Securities
                                                  Written comments were neither
                                                solicited nor received.                                   rules/sro.shtml). Copies of the                         Exchange Act of 1934 (15 U.S.C. 78a et
                                                                                                          submission, all subsequent                              seq.).
                                                III. Date of Effectiveness of the                         amendments, all written statements                         Rule 15g–3 requires that brokers and
                                                Proposed Rule Change and Timing for                       with respect to the proposed rule                       dealers disclose to customers current
                                                Commission Action                                         change that are filed with the                          quotation prices or similar market
                                                                                                          Commission, and all written                             information in connection with
                                                   Because the foregoing proposed rule                                                                            transactions in penny stocks. The
                                                                                                          communications relating to the
                                                change does not: (i) Significantly affect                                                                         purpose of the rule is to increase the
                                                                                                          proposed rule change between the
                                                the protection of investors or the public                                                                         level of disclosure to investors
                                                                                                          Commission and any person, other than
                                                interest; (ii) impose any significant                                                                             concerning penny stocks generally and
                                                burden on competition; and (iii) become                   those that may be withheld from the
                                                                                                          public in accordance with the                           specific penny stock transactions.
                                                operative for 30 days from the date on                                                                               The Commission estimates that
                                                which it was filed, or such shorter time                  provisions of 5 U.S.C. 552, will be
                                                                                                                                                                  approximately 195 broker-dealers will
                                                as the Commission may designate, it has                   available for website viewing and                       spend an average of 87 hours annually
                                                become effective pursuant to Section                      printing in the Commission’s Public                     to comply with this rule. Thus, the total
                                                19(b)(3)(A) of the Act 12 and Rule 19b–                   Reference Room, 100 F Street NE,                        compliance burden is approximately
                                                4(f)(6) thereunder.13                                     Washington, DC 20549, on official                       16,965 burden-hours per year.
                                                                                                          business days between the hours of 10                      Rule 15g–3 contains record retention
                                                   At any time within 60 days of the
                                                                                                          a.m. and 3 p.m. Copies of such filing                   requirements. Compliance with the rule
                                                filing of the proposed rule change, the
                                                                                                          also will be available for inspection and               is mandatory. The required records are
                                                Commission summarily may
                                                temporarily suspend such rule change if                   copying at the principal office of                      available only to the examination staff
                                                it appears to the Commission that such                    FINRA. All comments received will be                    of the Commission and the self
                                                action is necessary or appropriate in the                 posted without change. Persons                          regulatory organizations of which the
                                                public interest, for the protection of                    submitting comments are cautioned that                  broker-dealer is a member.
                                                                                                          we do not redact or edit personal                          An agency may not conduct or
                                                investors, or otherwise in furtherance of
                                                                                                          identifying information from comment                    sponsor, and a person is not required to
                                                the purposes of the Act. If the
                                                                                                          submissions. You should submit only                     respond to, a collection of information
                                                Commission takes such action, the
                                                                                                          information that you wish to make                       under the PRA unless it displays a
                                                Commission shall institute proceedings
                                                                                                          available publicly. All submissions                     currently valid OMB control number.
                                                to determine whether the proposed rule                                                                               The public may view background
                                                should be approved or disapproved.                        should refer to File Number SR–FINRA–
                                                                                                                                                                  documentation for this information
                                                                                                          2018–025 and should be submitted on
                                                IV. Solicitation of Comments                                                                                      collection at the following website:
                                                                                                          or before July 17, 2018.                                www.reginfo.gov. Comments should be
                                                  Interested persons are invited to                         For the Commission, by the Division of                directed to: (i) Desk Officer for the
                                                submit written data, views, and                           Trading and Markets, pursuant to delegated              Securities and Exchange Commission,
                                                arguments concerning the foregoing,                       authority.14                                            Office of Information and Regulatory
sradovich on DSK3GMQ082PROD with NOTICES




                                                including whether the proposed rule                       Eduardo A. Aleman,                                      Affairs, Office of Management and
                                                change is consistent with the Act.                        Assistant Secretary.                                    Budget, Room 10102, New Executive
                                                Comments may be submitted by any of                       [FR Doc. 2018–13614 Filed 6–25–18; 8:45 am]             Office Building, Washington, DC 20503
                                                the following methods:                                                                                            or by sending an email to: Shagufta_
                                                                                                          BILLING CODE 8011–01–P
                                                                                                                                                                  Ahmed@omb.eop.gov; and (ii) Pamela
                                                  12 15   U.S.C. 78s(b)(3)(A).                                                                                    Dyson, Director/Chief Information
                                                  13 17   CFR 240.19b–4(f)(6).                              14 17   CFR 200.30–3(a)(12).                          Officer, Securities and Exchange


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Document Created: 2018-06-26 00:51:53
Document Modified: 2018-06-26 00:51:53
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 29840 

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