83_FR_40978 83 FR 40819 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Security Futures Risk Disclosure Statement

83 FR 40819 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Security Futures Risk Disclosure Statement

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range40819-40821
FR Document2018-17631

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018)
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40819-40821]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17631]



[[Page 40819]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83825; File No. SR-FINRA-2018-028]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend the Security Futures Risk Disclosure 
Statement

August 10, 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 August 9, 2018, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission (``SEC'' 
or ``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by FINRA. FINRA has designated 
the proposed rule change as 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 amend Section 6.1 (Protections for Securities 
Accounts) of the 2002 security futures risk disclosure statement 
(``2002 Statement'' or ``Statement'') \4\ to reflect that the 
Securities Investor Protection Corporation's (``SIPC'') cash limit 
protection for customers is $250,000, and make one technical change. 
The proposed rule change is related to File No. SR-FINRA-2018-024, 
which sets forth additional updates to the 2002 Statement.
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    \4\ See Securities Exchange Act Release No. 46862 (November 20, 
2002), 67 FR 70993 (November 27, 2002) (Order Approving File No. SR-
NASD-2002-129). See also Securities Exchange Act Release No. 46613 
(October 7, 2002), 67 FR 64176 (October 17, 2002) (Notice of Filing 
and Effectiveness of File No. SR-NFA-2002-05).
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    The proposed updated Statement is attached as Exhibit 3a. The 
proposed supplement pertaining to changes to the specified paragraph 
under Section 6.1, the proposed technical change to Section 5.2, as 
well as changes to the paragraphs specified in File No. SR-FINRA-2018-
024, is attached as Exhibit 3b.\5\
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    \5\ The Commission notes that these exhibits are attached as 
exhibits to the filing.
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    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
    On June 7, 2018, FINRA filed with the SEC File No. SR-FINRA-2018-
024 to update the 2002 Statement to: (1) Incorporate prior supplements 
pertaining to Sections 5.2 (Settlement by Physical Delivery) and 8.1 
(Corporate Events); (2) make a technical change to Section 5.2 to 
reflect that the normal clearance and settlement cycle for securities 
transaction is now two business days; (3) amend Section 6.1 
(Protections for Securities Accounts) to reflect the current address 
for SIPC; and (4) make other non-substantive and technical changes.\6\ 
In addition to that recent set of updates to the 2002 Statement, FINRA 
is proposing to amend Section 6.1 to reflect the correct amount of SIPC 
coverage. The third paragraph under Section 6.1 currently reads:
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    \6\ See Securities Exchange Act Release No. 83407 (June 11, 
2018), 83 FR 28045 (June 15, 2018) (Notice of Filing and Immediate 
Effectiveness of File No. SR-FINRA-2018-024).

    SIPC coverage is limited to $500,000 per customer, including up 
to $100,000 for cash. For example, if a customer has 1,000 shares of 
XYZ stock valued at $200,000 and $10,000 cash in the account, both 
the security and the cash balance would be protected. However, if 
the customer has shares of stock valued at $500,000 and $100,000 in 
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cash, only a total of $500,000 of those assets will be protected.

    The Dodd-Frank Wall Street Reform and Consumer Protection Act \7\ 
amended the Securities Investor Protection Act of 1970 (``SIPA'') to 
raise the ``standard maximum cash advance amount'' available to satisfy 
customer cash claims in a SIPA liquidation proceeding from $100,000 to 
$250,000 per customer.\8\ To reflect the current limit of protection 
for cash claims under SIPA, FINRA is proposing to amend the third 
paragraph of Section 6.1 to read:
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    \7\ Public Law 111-203, 124 Stat. 1376 (2010).
    \8\ 15 U.S.C. 78fff-3. Effective January 1, 2017, and for the 
five years immediately thereafter, the Board of Directors of SIPC 
has determined that the maximum amount of the advance to satisfy a 
claim for cash will remain at the current level of $250,000 per 
customer. See Securities Exchange Commission, Release No. SIPA-174 
(February 22, 2016), 81 FR 9561 (February 25, 2016).

    SIPC coverage is limited to $500,000 per customer, including up 
to $250,000 for cash. For example, if a customer has 1,000 shares of 
XYZ stock valued at $200,000 and $10,000 cash in the account, both 
the security and the cash balance would be protected. However, if 
the customer has shares of stock valued at $500,000 and $250,000 in 
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cash, only a total of $500,000 of those assets will be protected.

    In addition, FINRA is proposing to incorporate one technical change 
into the proposed updated Statement.\9\
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    \9\ Specifically, the proposed rule change would remove the 
quotes around the acronym that defines the National Securities 
Clearing Corporation in Section 5.2.
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    Currently, the 2002 Statement, to which 2010 and 2014 supplements 
are appended, is posted on FINRA's website \10\ and the 2010 and 2014 
supplements are also posted on the website \11\ as separate documents 
to facilitate a member's compliance with Rule 2370(b)(11)(A).\12\ FINRA 
intends to replace the 2002 Statement currently posted on FINRA's 
website with an updated Statement that incorporates into the main body 
of the document the cumulative changes made to date, as well as the 
proposed amendment to the third paragraph of Section 6.1 and the one 
technical change described herein.\13\
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    \10\ See Security Futures Risk Disclosure Statement brochure, 
http://www.finra.org/sites/default/files/Security_Futures_Risk_Disclosure_Statement.pdf, posted in its 
current design in 2016.
    \11\ See FINRA's Security Futures Topic Page, http://www.finra.org/industry/security-futures (last visited August 9, 
2018).
    \12\ See Information Notice, September 7, 2010 (August 2010 
Supplement to the Security Futures Risk Disclosure Statement); see 
also Regulatory Notice 14-24 (May 2014) (stating, a member may 
separately distribute new supplements to a customer that enters into 
a securities futures transaction and that a member is not required 
to redistribute the entire Statement or the earlier supplement).
    \13\ The Statement, in its original language approved by the SEC 
in 2002, would remain accessible on FINRA's website for those 
members whose customers may still refer to the original version of 
the Statement. The Statement, however, would bear a notation that an 
updated version of the Statement, which incorporates the paragraphs 
specified in the proposed integrated supplement, is available.

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[[Page 40820]]

    FINRA is also in the process of creating a single, integrated 
supplement that aggregates the changes from File No. SR-FINRA-2018-024 
and the updates described in this proposed rule change (``2018 
supplement''). The 2018 supplement would appear on FINRA's website as a 
separate document to continue to afford members with the flexibility to 
comply with the requirements of Rule 2370(b)(11)(A) by separately 
distributing the new supplement to customers who have already received 
the 2002 Statement.\14\
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    \14\ The 2010 and 2014 supplements would remain accessible on 
FINRA's website with a notation that these paragraphs, as updated, 
appear in the 2018 supplement.
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    FINRA has filed the proposed rule change for immediate 
effectiveness and has requested that the SEC waive the requirement that 
the proposed rule change not become operative for 30 days after the 
date of the filing, so that FINRA can implement the proposed rule 
change on September 5, 2018.\15\
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    \15\ FINRA intends to announce the September 5, 2018 
implementation date in an upcoming Regulatory Notice that will also 
establish September 5, 2018 as the implementation date for other 
changes to the Statement. See Securities Exchange Act Release No. 
83407 (June 11, 2018), 83 FR 28045 (June 15, 2018) (Notice of Filing 
and Immediate Effectiveness of File No. SR-FINRA-2018-024).
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2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\16\ 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 updating the Statement to 
incorporate all supplements into the main body will help to accurately 
inform customers of the characteristics and risks of security futures. 
The proposed updated Statement would also reflect that SIPC's current 
cash limit protection for customers is $250,000, increased from 
$100,000 in 2010.
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    \16\ 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. While FINRA recognizes that 
there may be a burden associated with the distribution of the proposed 
updated Statement or 2018 supplement, FINRA believes that any such 
burden would be outweighed by the benefit to customers of accurately 
disclosing the characteristics and risks of security futures. FINRA 
also believes that any burden will be minimal because firms currently 
have an existing obligation to deliver each new (i.e., updated) 
Statement or supplement to customers, and may electronically transmit 
documents that they are required to furnish to customers under FINRA 
rules, including the proposed updated Statement or 2018 supplement, 
provided firms adhere to the standards contained in the Commission's 
May 1996 and October 1995 releases on electronic delivery,\17\ and as 
discussed in Notice to Members 98-3.\18\ Firms also may transmit the 
proposed updated Statement or 2018 supplement to customers through the 
use of a hyperlink, provided that customers have consented to 
electronic delivery.\19\
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    \17\ See Securities Act Release No. 7288 (May 9, 1996), 61 FR 
24644 (May 15, 1996) and Securities Act Release No. 7233 (October 6, 
1995), 60 FR 53458 (October 13, 1995). See also Securities Act 
Release No. 7856 (April 28, 2000), 65 FR 25843 (May 4, 2000) 
(affirming that the framework for electronic delivery established in 
the 1995 and 1996 releases continues to work well in today's 
technological environment).
    \18\ See Notice to Members 98-3 (January 1998).
    \19\ See Information Notice, September 7, 2010 (August 2010 
Supplement to the Security Futures Risk Disclosure Statement).
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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 \20\ and Rule 19b-
4(f)(6) thereunder.\21\
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires FINRA to give the Commission written notice of FINRA's 
intent to file the proposed rule change, along with a brief 
description and text of the proposed rule change, at least five 
business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. FINRA 
has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \22\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\23\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. FINRA has asked the 
Commission to waive the 30-day operative delay so that the proposed 
changes can be implemented on September 5, 2018. The Commission 
believes that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because it will allow 
the implementation date of the proposed changes to coincide with the 
implementation date of other changes that will be made to the 
Statement. Accordingly, the Commission hereby waives the 30-day 
operative delay requirement and designates the proposed rule change as 
operative upon filing.\24\
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    \22\ 17 CFR 240.19b-4(f)(6).
    \23\ 17 CFR 240.19b-4(f)(6)(iii).
    \24\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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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-2018-028 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-2018-028. 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

[[Page 40821]]

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-2018-028, and should be submitted 
on or before September 6, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2018-17631 Filed 8-15-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices                                                     40819

                                                SECURITIES AND EXCHANGE                                 FINRA–2018–024, is attached as Exhibit                 1970 (‘‘SIPA’’) to raise the ‘‘standard
                                                COMMISSION                                              3b.5                                                   maximum cash advance amount’’
                                                                                                           The text of the proposed rule change                available to satisfy customer cash claims
                                                [Release No. 34–83825; File No. SR–FINRA–
                                                                                                        is available on FINRA’s website at                     in a SIPA liquidation proceeding from
                                                2018–028]                                               http://www.finra.org, at the principal                 $100,000 to $250,000 per customer.8 To
                                                                                                        office of FINRA and at the                             reflect the current limit of protection for
                                                Self-Regulatory Organizations;                          Commission’s Public Reference Room.                    cash claims under SIPA, FINRA is
                                                Financial Industry Regulatory                           II. Self-Regulatory Organization’s                     proposing to amend the third paragraph
                                                Authority, Inc.; Notice of Filing and                   Statement of the Purpose of, and                       of Section 6.1 to read:
                                                Immediate Effectiveness of a Proposed                   Statutory Basis for, the Proposed Rule                    SIPC coverage is limited to $500,000 per
                                                Rule Change To Amend the Security                       Change                                                 customer, including up to $250,000 for cash.
                                                Futures Risk Disclosure Statement                                                                              For example, if a customer has 1,000 shares
                                                                                                           In its filing with the Commission,                  of XYZ stock valued at $200,000 and $10,000
                                                August 10, 2018.                                        FINRA included statements concerning                   cash in the account, both the security and the
                                                   Pursuant to Section 19(b)(1) of the                  the purpose of and basis for the                       cash balance would be protected. However,
                                                                                                        proposed rule change and discussed any                 if the customer has shares of stock valued at
                                                Securities Exchange Act of 1934
                                                                                                        comments it received on the proposed                   $500,000 and $250,000 in cash, only a total
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                                                                        of $500,000 of those assets will be protected.
                                                                                                        rule change. The text of these statements
                                                notice is hereby given that on August 9,
                                                                                                        may be examined at the places specified                  In addition, FINRA is proposing to
                                                2018, Financial Industry Regulatory
                                                                                                        in Item IV below. FINRA has prepared                   incorporate one technical change into
                                                Authority, Inc. (‘‘FINRA’’) filed with the
                                                                                                        summaries, set forth in sections A, B,                 the proposed updated Statement.9
                                                Securities and Exchange Commission
                                                                                                        and C below, of the most significant                     Currently, the 2002 Statement, to
                                                (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                                                                        aspects of such statements.                            which 2010 and 2014 supplements are
                                                rule change as described in Items I and
                                                II below, which Items have been                         A. Self-Regulatory Organization’s                      appended, is posted on FINRA’s
                                                prepared by FINRA. FINRA has                            Statement of the Purpose of, and the                   website 10 and the 2010 and 2014
                                                designated the proposed rule change as                  Statutory Basis for, the Proposed Rule                 supplements are also posted on the
                                                constituting a ‘‘non-controversial’’ rule               Change                                                 website 11 as separate documents to
                                                change under paragraph (f)(6) of Rule                                                                          facilitate a member’s compliance with
                                                                                                        1. Purpose                                             Rule 2370(b)(11)(A).12 FINRA intends to
                                                19b–4 under the Act,3 which renders
                                                the proposal effective upon receipt of                     On June 7, 2018, FINRA filed with the               replace the 2002 Statement currently
                                                this filing by the Commission. The                      SEC File No. SR–FINRA–2018–024 to                      posted on FINRA’s website with an
                                                Commission is publishing this notice to                 update the 2002 Statement to: (1)                      updated Statement that incorporates
                                                solicit comments on the proposed rule                   Incorporate prior supplements                          into the main body of the document the
                                                change from interested persons.                         pertaining to Sections 5.2 (Settlement by              cumulative changes made to date, as
                                                                                                        Physical Delivery) and 8.1 (Corporate                  well as the proposed amendment to the
                                                I. Self-Regulatory Organization’s                       Events); (2) make a technical change to                third paragraph of Section 6.1 and the
                                                Statement of the Terms of Substance of                  Section 5.2 to reflect that the normal                 one technical change described
                                                the Proposed Rule Change                                clearance and settlement cycle for                     herein.13
                                                                                                        securities transaction is now two
                                                  FINRA is proposing to amend Section                   business days; (3) amend Section 6.1                      8 15 U.S.C. 78fff–3. Effective January 1, 2017, and
                                                6.1 (Protections for Securities Accounts)               (Protections for Securities Accounts) to               for the five years immediately thereafter, the Board
                                                of the 2002 security futures risk                       reflect the current address for SIPC; and              of Directors of SIPC has determined that the
                                                disclosure statement (‘‘2002 Statement’’                                                                       maximum amount of the advance to satisfy a claim
                                                                                                        (4) make other non-substantive and                     for cash will remain at the current level of $250,000
                                                or ‘‘Statement’’) 4 to reflect that the                 technical changes.6 In addition to that                per customer. See Securities Exchange Commission,
                                                Securities Investor Protection                          recent set of updates to the 2002                      Release No. SIPA–174 (February 22, 2016), 81 FR
                                                Corporation’s (‘‘SIPC’’) cash limit                     Statement, FINRA is proposing to                       9561 (February 25, 2016).
                                                protection for customers is $250,000,                   amend Section 6.1 to reflect the correct
                                                                                                                                                                  9 Specifically, the proposed rule change would

                                                and make one technical change. The                                                                             remove the quotes around the acronym that defines
                                                                                                        amount of SIPC coverage. The third                     the National Securities Clearing Corporation in
                                                proposed rule change is related to File                 paragraph under Section 6.1 currently                  Section 5.2.
                                                No. SR–FINRA–2018–024, which sets                       reads:                                                    10 See Security Futures Risk Disclosure Statement

                                                forth additional updates to the 2002                                                                           brochure, http://www.finra.org/sites/default/files/
                                                Statement.                                                 SIPC coverage is limited to $500,000 per            Security_Futures_Risk_Disclosure_Statement.pdf,
                                                                                                        customer, including up to $100,000 for cash.           posted in its current design in 2016.
                                                   The proposed updated Statement is                    For example, if a customer has 1,000 shares               11 See FINRA’s Security Futures Topic Page,

                                                attached as Exhibit 3a. The proposed                    of XYZ stock valued at $200,000 and $10,000            http://www.finra.org/industry/security-futures (last
                                                supplement pertaining to changes to the                 cash in the account, both the security and the         visited August 9, 2018).
                                                specified paragraph under Section 6.1,                  cash balance would be protected. However,                 12 See Information Notice, September 7, 2010

                                                                                                        if the customer has shares of stock valued at          (August 2010 Supplement to the Security Futures
                                                the proposed technical change to                                                                               Risk Disclosure Statement); see also Regulatory
                                                                                                        $500,000 and $100,000 in cash, only a total
                                                Section 5.2, as well as changes to the                  of $500,000 of those assets will be protected.         Notice 14–24 (May 2014) (stating, a member may
                                                paragraphs specified in File No. SR–                                                                           separately distribute new supplements to a
                                                                                                          The Dodd-Frank Wall Street Reform                    customer that enters into a securities futures
                                                                                                        and Consumer Protection Act 7 amended                  transaction and that a member is not required to
                                                  1 15 U.S.C. 78s(b)(1).                                                                                       redistribute the entire Statement or the earlier
sradovich on DSK3GMQ082PROD with NOTICES




                                                  2 17 CFR 240.19b–4.                                   the Securities Investor Protection Act of              supplement).
                                                  3 17 CFR 240.19b–4(f)(6).                                                                                       13 The Statement, in its original language
                                                  4 See Securities Exchange Act Release No. 46862          5 The Commission notes that these exhibits are
                                                                                                                                                               approved by the SEC in 2002, would remain
                                                (November 20, 2002), 67 FR 70993 (November 27,          attached as exhibits to the filing.                    accessible on FINRA’s website for those members
                                                                                                           6 See Securities Exchange Act Release No. 83407
                                                2002) (Order Approving File No. SR–NASD–2002–                                                                  whose customers may still refer to the original
                                                129). See also Securities Exchange Act Release No.      (June 11, 2018), 83 FR 28045 (June 15, 2018) (Notice   version of the Statement. The Statement, however,
                                                46613 (October 7, 2002), 67 FR 64176 (October 17,       of Filing and Immediate Effectiveness of File No.      would bear a notation that an updated version of
                                                2002) (Notice of Filing and Effectiveness of File No.   SR–FINRA–2018–024).                                    the Statement, which incorporates the paragraphs
                                                SR–NFA–2002–05).                                           7 Public Law 111–203, 124 Stat. 1376 (2010).                                                    Continued




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                                                40820                       Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices

                                                   FINRA is also in the process of                      such burden would be outweighed by                      Rule 19b–4(f)(6)(iii),23 the Commission
                                                creating a single, integrated supplement                the benefit to customers of accurately                  may designate a shorter time if such
                                                that aggregates the changes from File                   disclosing the characteristics and risks                action is consistent with the protection
                                                No. SR–FINRA–2018–024 and the                           of security futures. FINRA also believes                of investors and the public interest.
                                                updates described in this proposed rule                 that any burden will be minimal                         FINRA has asked the Commission to
                                                change (‘‘2018 supplement’’). The 2018                  because firms currently have an existing                waive the 30-day operative delay so that
                                                supplement would appear on FINRA’s                      obligation to deliver each new (i.e.,                   the proposed changes can be
                                                website as a separate document to                       updated) Statement or supplement to                     implemented on September 5, 2018. The
                                                continue to afford members with the                     customers, and may electronically                       Commission believes that waiving the
                                                flexibility to comply with the                          transmit documents that they are                        30-day operative delay is consistent
                                                requirements of Rule 2370(b)(11)(A) by                  required to furnish to customers under                  with the protection of investors and the
                                                separately distributing the new                         FINRA rules, including the proposed                     public interest because it will allow the
                                                supplement to customers who have                        updated Statement or 2018 supplement,                   implementation date of the proposed
                                                already received the 2002 Statement.14                  provided firms adhere to the standards                  changes to coincide with the
                                                   FINRA has filed the proposed rule                    contained in the Commission’s May                       implementation date of other changes
                                                change for immediate effectiveness and                  1996 and October 1995 releases on                       that will be made to the Statement.
                                                has requested that the SEC waive the                    electronic delivery,17 and as discussed                 Accordingly, the Commission hereby
                                                requirement that the proposed rule                      in Notice to Members 98–3.18 Firms also                 waives the 30-day operative delay
                                                change not become operative for 30 days                 may transmit the proposed updated                       requirement and designates the
                                                after the date of the filing, so that FINRA             Statement or 2018 supplement to                         proposed rule change as operative upon
                                                can implement the proposed rule                         customers through the use of a                          filing.24
                                                change on September 5, 2018.15                          hyperlink, provided that customers have                    At any time within 60 days of the
                                                                                                        consented to electronic delivery.19                     filing of the proposed rule change, the
                                                2. Statutory Basis                                                                                              Commission summarily may
                                                                                                        C. Self-Regulatory Organization’s
                                                   FINRA believes that the proposed rule                                                                        temporarily suspend such rule change if
                                                                                                        Statement on Comments on the
                                                change is consistent with the provisions                                                                        it appears to the Commission that such
                                                                                                        Proposed Rule Change Received From
                                                of Section 15A(b)(6) of the Act,16 which                                                                        action is necessary or appropriate in the
                                                                                                        Members, Participants, or Others
                                                requires, among other things, that                                                                              public interest, for the protection of
                                                FINRA rules must be designed to                           Written comments were neither                         investors, or otherwise in furtherance of
                                                prevent fraudulent and manipulative                     solicited nor received.                                 the purposes of the Act. If the
                                                acts and practices, to promote just and                 III. Date of Effectiveness of the                       Commission takes such action, the
                                                equitable principles of trade, and, in                  Proposed Rule Change and Timing for                     Commission shall institute proceedings
                                                general, to protect investors and the                   Commission Action                                       to determine whether the proposed rule
                                                public interest. FINRA believes that                                                                            should be approved or disapproved.
                                                                                                           Because the foregoing proposed rule
                                                updating the Statement to incorporate                   change does not (i) significantly affect                IV. Solicitation of Comments
                                                all supplements into the main body will                 the protection of investors or the public
                                                help to accurately inform customers of                                                                            Interested persons are invited to
                                                                                                        interest; (ii) impose any significant                   submit written data, views, and
                                                the characteristics and risks of security               burden on competition; and (iii) become
                                                futures. The proposed updated                                                                                   arguments concerning the foregoing,
                                                                                                        operative for 30 days from the date on                  including whether the proposed rule
                                                Statement would also reflect that SIPC’s                which it was filed, or such shorter time
                                                current cash limit protection for                                                                               change is consistent with the Act.
                                                                                                        as the Commission may designate, it has                 Comments may be submitted by any of
                                                customers is $250,000, increased from                   become effective pursuant to Section
                                                $100,000 in 2010.                                                                                               the following methods:
                                                                                                        19(b)(3)(A) of the Act 20 and Rule 19b–
                                                B. Self-Regulatory Organization’s                       4(f)(6) thereunder.21                                   Electronic Comments
                                                Statement on Burden on Competition                         A proposed rule change filed under                     • Use the Commission’s internet
                                                                                                        Rule 19b–4(f)(6) 22 normally does not                   comment form (http://www.sec.gov/
                                                  FINRA does not believe that the                       become operative for 30 days after the                  rules/sro.shtml); or
                                                proposed rule change will result in any                 date of filing. However, pursuant to                      • Send an email to rule-comments@
                                                burden on competition that is not                                                                               sec.gov. Please include File Number SR–
                                                necessary or appropriate in furtherance                   17 See Securities Act Release No. 7288 (May 9,
                                                                                                                                                                FINRA–2018–028 on the subject line.
                                                of the purposes of the Act. While FINRA                 1996), 61 FR 24644 (May 15, 1996) and Securities
                                                recognizes that there may be a burden                   Act Release No. 7233 (October 6, 1995), 60 FR           Paper Comments
                                                                                                        53458 (October 13, 1995). See also Securities Act
                                                associated with the distribution of the
                                                                                                        Release No. 7856 (April 28, 2000), 65 FR 25843            • Send paper comments in triplicate
                                                proposed updated Statement or 2018                      (May 4, 2000) (affirming that the framework for         to Secretary, Securities and Exchange
                                                supplement, FINRA believes that any                     electronic delivery established in the 1995 and 1996    Commission, 100 F Street NE,
                                                                                                        releases continues to work well in today’s              Washington, DC 20549–1090.
                                                specified in the proposed integrated supplement, is     technological environment).
                                                available.                                                18 See Notice to Members 98–3 (January 1998).         All submissions should refer to File
                                                   14 The 2010 and 2014 supplements would remain          19 See Information Notice, September 7, 2010          Number SR–FINRA–2018–028. This file
                                                accessible on FINRA’s website with a notation that      (August 2010 Supplement to the Security Futures         number should be included on the
                                                these paragraphs, as updated, appear in the 2018        Risk Disclosure Statement).                             subject line if email is used. To help the
                                                supplement.                                               20 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                                Commission process and review your
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                                                   15 FINRA intends to announce the September 5,          21 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                                2018 implementation date in an upcoming                 4(f)(6)(iii) requires FINRA to give the Commission      comments more efficiently, please use
                                                Regulatory Notice that will also establish September    written notice of FINRA’s intent to file the proposed
                                                5, 2018 as the implementation date for other            rule change, along with a brief description and text      23 17 CFR 240.19b–4(f)(6)(iii).
                                                changes to the Statement. See Securities Exchange       of the proposed rule change, at least five business       24 For purposes only of waiving the 30-day
                                                Act Release No. 83407 (June 11, 2018), 83 FR 28045      days prior to the date of filing of the proposed rule   operative delay, the Commission has also
                                                (June 15, 2018) (Notice of Filing and Immediate         change, or such shorter time as designated by the       considered the proposed rule’s impact on
                                                Effectiveness of File No. SR–FINRA–2018–024).           Commission. FINRA has satisfied this requirement.       efficiency, competition, and capital formation. See
                                                   16 15 U.S.C. 78o–3(b)(6).                              22 17 CFR 240.19b–4(f)(6).                            15 U.S.C. 78c(f).



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                                                                                 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices                                        40821

                                                only one method. The Commission will                      —Consideration and analysis of reports                OFFICE OF THE UNITED STATES
                                                post all comments on the Commission’s                      on alleged inadequacy of port                        TRADE REPRESENTATIVE
                                                internet website (http://www.sec.gov/                      reception facilities;
                                                                                                                                                                [Docket No. USTR–2018–0027]
                                                rules/sro.shtml). Copies of the                           —Lessons learned and safety issues
                                                submission, all subsequent                                 identified from the analysis of marine               2018 Special 301 Out-of-Cycle Review
                                                amendments, all written statements                         safety investigation reports;                        of Notorious Markets: Comment
                                                with respect to the proposed rule                                                                               Request
                                                change that are filed with the                            —Measures to harmonize port state
                                                Commission, and all written                                control (PSC) activities and                         AGENCY:  Office of the United States
                                                communications relating to the                             procedures worldwide;                                Trade Representative.
                                                proposed rule change between the                          —Identified issues related to the                     ACTION: Request for comments.
                                                Commission and any person, other than                      implementation of IMO instruments
                                                those that may be withheld from the                        from the analysis of PSC data;                       SUMMARY:    The Office of the United
                                                public in accordance with the                                                                                   States Trade Representative (USTR)
                                                                                                          —Analysis of consolidated audit                       requests written comments that identify
                                                provisions of 5 U.S.C. 552, will be                        summary reports;
                                                available for website viewing and                                                                               online and physical markets based
                                                printing in the Commission’s Public                       —Updated survey guidelines under the                  outside the United States that should be
                                                Reference Room, 100 F Street NE,                           Harmonized System of Survey and                      included in the 2018 Notorious Markets
                                                Washington, DC 20549, on official                          Certification (HSSC);                                List (List). Conducted under the
                                                business days between the hours of                        —Non-exhaustive list of obligations                   auspices of the Special 301 program, the
                                                10:00 a.m. and 3:00 p.m. Copies of the                     under the instruments relevant to the                List identifies online and physical
                                                filing also will be available for                          IMO Instruments Implementation                       marketplaces that reportedly engage in
                                                inspection and copying at the principal                    Code (III Code); and                                 and facilitate substantial copyright
                                                office of FINRA. All comments received                                                                          piracy and trademark counterfeiting. In
                                                                                                          —Unified interpretation of provisions of              2010, USTR began publishing the
                                                will be posted without change. Persons                     IMO safety, security, and environment
                                                submitting comments are cautioned that                                                                          Notorious Markets List separately from
                                                                                                           related conventions.                                 the annual Special 301 Report as an
                                                we do not redact or edit personal
                                                identifying information from comment                      —Review the Model Agreement for the                   ‘‘Out-of-Cycle Review.’’
                                                submissions. You should submit only                        authorization of recognized                          DATES:
                                                information that you wish to make                          organizations acting on behalf of the                   October 1, 2018 at midnight EST:
                                                available publicly. All submissions                        Administration.                                      Deadline for submission of written
                                                should refer to File Number SR–FINRA–                                                                           comments.
                                                                                                             The public meeting will focus on
                                                2018–028, and should be submitted on                                                                               October 15, 2018 at midnight EST:
                                                                                                          answering any questions from the
                                                or before September 6, 2018.                                                                                    Deadline for submission of rebuttal
                                                                                                          public that are directly related to the
                                                                                                                                                                comments and other information USTR
                                                  For the Commission, by the Division of                  meeting documents submitted for this
                                                                                                                                                                should consider during the review.
                                                Trading and Markets, pursuant to delegated                meeting. The public may attend this
                                                authority.25                                                                                                    ADDRESSES: You should submit written
                                                                                                          meeting up to the seating capacity of the
                                                Robert W. Errett,                                         room. However, due to the size of the                 comments through the Federal
                                                Deputy Secretary.                                         room and security protocols at Coast                  eRulemaking Portal: http://
                                                                                                          Guard Headquarters, members of the                    www.regulations.gov. Follow the
                                                [FR Doc. 2018–17631 Filed 8–15–18; 8:45 am]
                                                                                                          public are encouraged to participate via              instructions for submitting comments in
                                                BILLING CODE 8011–01–P
                                                                                                          teleconference. To access the                         section III below. For alternatives to
                                                                                                          teleconference line or request physical               online submissions, please contact
                                                                                                          access to the meeting, participants                   USTR at Special301@ustr.eop.gov before
                                                DEPARTMENT OF STATE                                                                                             transmitting a comment and in advance
                                                                                                          should contact the meeting coordinator,
                                                [Public Notice 10506]                                     Mr. Christopher Gagnon, by email at                   of the relevant deadline.
                                                                                                          christopher.j.gagnon@uscg.mil or by                   FOR FURTHER INFORMATION CONTACT:
                                                Notice of Public Meeting                                                                                        Sung Chang, Director for Innovation and
                                                                                                          phone at (202) 372–1231. Physical
                                                  The Department of State will conduct                    access to the meeting requires that all               Intellectual Property, at special301@
                                                an open meeting at 10:30 a.m. on                          attendees respond to the meeting                      ustr.eop.gov. You can find information
                                                Friday, September 14, 2018, in Room                       coordinator not later than September 5,               about the Special 301 Review, including
                                                5Y23–21 of the Douglas A. Munro Coast                     2018, seven working days prior to the                 the Notorious Markets List, at
                                                Guard Headquarters Building at St.                        meeting. Responses made after                         www.ustr.gov.
                                                Elizabeth’s, 2703 Martin Luther King Jr.                  September 5, 2018 might result in not                 SUPPLEMENTARY INFORMATION:
                                                Avenue SE, Washington, DC 20593. The                      being able to participate in person at the
                                                primary purpose of the meeting is to                      meeting. Please note that due to security             I. Background
                                                prepare for the fifth Session of the                      considerations, two valid, government                    The United States is concerned with
                                                International Maritime Organization’s                     issued photo identifications must be                  trademark counterfeiting and copyright
                                                (IMO) Sub-Committee on                                    presented to gain entrance to the Coast               piracy on a commercial scale because
                                                Implementation of IMO Instruments (III                    Guard Headquarters building. The                      they cause significant financial losses
                                                5) to be held at the IMO headquarters,                                                                          for right holders, legitimate businesses
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                                                                                                          building is accessible by public
                                                London, United Kingdom, on September                      transportation or taxi.                               and governments, undermine critical
                                                24–28, 2018.                                                                                                    U.S. comparative advantages in
                                                  The agenda items to be considered                       Joel C. Coito,                                        innovation and creativity to the
                                                include:                                                  Coast Guard Liaison Officer, Office of Ocean          detriment of American workers, and
                                                —Decisions of other IMO bodies;                           and Polar Affairs, Department of State.               potentially pose significant risks to
                                                                                                          [FR Doc. 2018–17701 Filed 8–15–18; 8:45 am]           consumer health and safety as well as
                                                  25 17   CFR 200.30–3(a)(12).                            BILLING CODE 4710–09–P                                privacy and security. The Notorious


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Document Created: 2018-08-16 01:02:04
Document Modified: 2018-08-16 01:02:04
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 40819 

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