Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Trade Reporting and Compliance Engine (“TRACE”) Fees and Implementation Date of Stage Two of Dissemination of TRACE Transaction Information, 2202-2205 [E5-89]
Download as PDF
<![CDATA[
2202
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
assessment through a formal appeal
process. FICC believes that, consistent
with the practice of the GSD, the fine
process will be more effective and
equitable and will provide participants
with additional due process if an initial
less formal dispute process is also
included in MBSD’s rules. The initial
dispute process will be utilized by
participants prior to availing themselves
of the formal appeal process. A
participant that becomes subject to a
fine will have the opportunity within
seven calendar days to dispute the fine
by explaining in writing any mitigating
circumstances that contributed to the
participant’s infraction and to request a
fine waiver. Based on such written
documentation provided by the
participant, management will have the
discretion to waive a fine if it believes
that sufficient mitigating circumstances
have been shown by the participant. If
management waives a fine, it will have
to inform the Membership and Risk
Management Committee (‘‘Committee’’)
at the next regularly scheduled
Committee meeting and will have to
explain its reasons for doing so. The
Committee will then have the
opportunity to overrule management’s
action with respect to the waiver. If
management chooses to not waive a fine
or if its waiver is overruled by the
Committee, the participant will have the
right to pursue the formal hearing
process currently provided for in the
MBSD’s Rules.
FICC will also make parallel changes
with respect to the fine dispute process
to the MBSD’s EPN rules.
In addition, FICC proposed certain
technical changes to the MBSD’s
Schedules of Charges to (i) delete
references to ‘‘MBSCC’’ and replace
them with references to ‘‘MBSD’’ and
(ii) eliminate obsolete fees which are no
longer being charged by the MBSD.
III. Discussion
Section 17A(b)(3)(F) of the Act
requires that the rules of a clearing
agency be designed to remove
impediments to the perfection of a
national system for the prompt and
accurate clearance and settlement of
securities transactions.4 The
Commission finds that FICC’s proposed
rule change is consistent with this
requirement because it is designed to
perfect the mechanism of a national
system for the prompt and accurate
clearance and settlement of securities
transactions by (i) encouraging
participants to make timely payments of
cash obligation items and margin to
MBSD and (ii) clearly setting forth in
MBSD’s rules the informal procedures
for disputing fines which should
provide members with a more efficient
and less burdensome method for the
possible resolution of disputed fines
before a full hearing takes place.
IV. Conclusion
On the basis of the foregoing, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act and in
particular section 17A of the Act and
the rules and regulations thereunder.
It is therefore ordered, pursuant to
section 19(b)(2) of the Act, that the
proposed rule change (File No. SR–
FICC–2004–06) be and hereby is
approved.
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.5
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5–68 Filed 1–11–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–50977; File No. SR–NASD–
2004–189]
Self-Regulatory Organizations;
National Association of Securities
Dealers, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to Trade
Reporting and Compliance Engine
(‘‘TRACE’’) Fees and Implementation
Date of Stage Two of Dissemination of
TRACE Transaction Information
January 6, 2005.
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 December
28, 2004, the National Association of
Securities Dealers, Inc. (‘‘NASD’’), filed
with the Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’)
the proposed rule change as described
in items I and II below, which items
have been prepared by NASD. The
NASD has filed the proposal as a ‘‘noncontroversial’’ rule change pursuant to
section 19(b)(3)(A)(iii) of the Act,3 and
Rule 19b–4(f)(6) thereunder,4 which
renders the proposal effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
NASD is proposing to amend Rule
7010(k) to terminate the Bond Trade
Dissemination Service (‘‘BTDS’’)
Professional Delayed-Time Data Display
Fee pilot program and the BTDS NonProfessional Real-Time Data Display fee,
relating to Trade Reporting and
Compliance Engine (‘‘TRACE’’)
transaction data fees, and to amend the
implementation date of certain
amendments to NASD Rule 6250,
relating to TRACE transaction data
dissemination and approved by the SEC
in SR–NASD–2004–094 (designated as
‘‘Stage Two’’ of the implementation of
SR–NASD–2004–094) from February 1,
2005 to February 7, 2005. Below is the
text of the proposed rule change.
Proposed new language is in italics;
proposed deletions are in brackets.
*
*
*
*
*
7010. System Services
(a) through (j) No change.
(k) Trade Reporting and Compliance
Engine
The following charges shall be paid
by participants for the use of the Trade
Reporting and Compliance Engine
(‘‘TRACE’’):
System fees
Transaction reporting fees
Market data fees
Level I Trade Report Only Web Browser Access—$20/month per user ID Level II Full
Service Web Browser Access—$80/month
per user ID.
Trades up to and including $200,000 par
value—$0.475/trade;
Trades
between
$201,000 and $999,999 par value—
$0.002375 times the number of bonds traded/trade; Trades of $1,000,000 par value or
more—$2.375/trade.
BTDS Professional Real-Time Data Display—
$60/month per terminal, except
4 15
5 17
U.S.C. 78q–1(b)(3)(F).
CFR 200.30–3(a)(12).
VerDate jul<14>2003
17:37 Jan 11, 2005
1 15
2 17
Jkt 205001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00094
Fmt 4703
3 15
4 17
Sfmt 4703
E:\FR\FM\12JAN1.SGM
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
12JAN1
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
2203
System fees
Transaction reporting fees
Market data fees
CTCI/Third Party—$25/month/per firm ..............
Cancel/Correct—$1.50/trade ............................
[BTDS Professional Delayed-Time Data Display—$15/month per terminal].
BTDS Internal Usage Authorization—$500/
month per application/service for Real-Time
and Delayed Time Data.
BTDS External Usage Authorization—$1,000/
month per application/service for Real-Time
and Delayed-Time Data.
BTDS Non-Professional Real-Time Data Display—No charge [$1/month per terminal].
‘‘As of’’ Trade Late—$3/trade ..........................
(1) through (2) No change.
(3) Market Data Fees
Professionals and non-professionals
may subscribe to receive Real-Time and
Delayed-Time TRACE data
disseminated by NASD in one or more
of the following ways for the charges
specified, as applicable. Members,
vendors and other redistributors shall be
required to execute appropriate
agreements with NASD.
(A) Professional Fees
Professionals may subscribe for the
following:
(i) No change.
(ii) Reserved. [For a pilot period
commencing February 1, 2004, and
lasting through July 31, 2005, BTDS
Professional Delayed-Time Data Display
Fee of $15 per month, per terminal
charge for each interrogation or display
device receiving Delayed-Time TRACE
transaction data; provided, that
subscribers to the BTDS Professional
Real-Time Data Display Fee described
above shall not be charged this
additional fee. Subject to the execution
of appropriate agreements with NASD,
certain summary market information of
Delayed-Time TRACE transaction data
may be published or distributed by
newspapers, press associations,
newsletters, or similar media sources
without charge.]
(iii) through (iv) No change.
(B) Non-Professional Fees
[The charge to be] There shall be no
charge paid by a non-professional for
[each terminal] receiving all or any
portion of Real-Time TRACE transaction
data disseminated through TRACE.
[shall be $1.00 per month, per terminal.]
(C) through (D) No change.
(l) through (u) No change.
*
*
*
*
*
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NASD included statements concerning
the purpose of and basis for the
VerDate jul<14>2003
17:37 Jan 11, 2005
Jkt 205001
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. NASD 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
NASD is proposing to amend Rule
7010(k) to terminate the BTDS
Professional Delayed-Time Data Display
Fee pilot program and the BTDS NonProfessional Real-Time Data Display fee.
Both fees are for TRACE transaction
information. In addition, NASD is
proposing to change the implementation
date of Stage Two of SR–NASD–2004–
094. Implementation of Stage Two will
make operative certain amendments to
NASD Rule 6250 that provide for the
delayed dissemination of information
on designated transactions in TRACEeligible securities.
TRACE Fees
a. BTDS Professional Delayed-Time Data
Display Fee Pilot Program
NASD currently has in place a pilot
program that charges for TRACE
transaction information provided to
professionals on a delayed basis. The
charge for this pilot program is the
BTDS Professional Delayed-Time Data
Display Fee of $15 per month and is
imposed per terminal for each
interrogation or display device receiving
the delayed data. The pilot program
commenced on February 1, 2004.5
NASD has recently begun a
comprehensive review of TRACE fees.
As part of this review, NASD has
determined to terminate the BTDS
Professional Delayed-Time Data Display
5 The pilot program was recently extended to July
31, 2005. See Securities Exchange Act Release No.
50627 (November 3, 2004); 69 FR 65005 (November
9, 2004) (File No. SR–NASD–2004–163, filed for
immediate effectiveness on October 26, 2004).
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
Fee and service because the demand for
the service was limited.
b. BTDS Non-Professional Real-Time
Data Display Fee
NASD currently charges a minimal fee
of $1.00 per month/per terminal for its
BTDS Non-Professional Real-Time Data
Display service, which allows nonprofessionals to view TRACE data on a
real-time basis.6 NASD is proposing to
eliminate the $1.00 BTDS NonProfessional Real-Time Data Display Fee
for individual investors who are users of
this real-time TRACE market data.
Wider distribution of TRACE data is
a cornerstone of a broader effort to better
educate individual investors about the
corporate bond market. NASD proposes
to eliminate the fee to remove any
financial barriers to the broad-based
distribution of TRACE data and
encourage Web sites and other media
outlets to widely redistribute real-time
data to individual investors.
Implementation Date of Stage Two of
SR–NASD–2004–094
NASD proposes to amend the
implementation date of Stage Two of
SR–NASD–2004–094. Stage Two
requires the implementation of certain
amendments to NASD Rule 6250 that
provide for the delayed dissemination of
information on designated transactions
in TRACE-eligible securities.7
NASD proposes to change the
implementation date of Stage Two from
February 1, 2005, to February 7, 2005.
Specifically, NASD will implement on
February 7, 2005: (1) Rule 6250(a)(1)
and (2); (2) the portion of Rule
6 A ‘‘non-professional’’ is defined in Rule
7010(k)(3)(C)(ii) and is limited by definition to
natural persons. In addition, generally the term
excludes any principal, partner, employee, or other
person acting in any capacity in the financial
services industry, and any person engaged in or
intending to engage in any redistribution of TRACE
data.
7 SR–NASD–2004–094 was approved for
implementation in two stages. The implementation
date of Stage One was October 1, 2004. See
Securities Exchange Act Release No. 50317
(September 3, 2004), 69 FR 55202 (September 13,
2004) (File No. SR–NASD–2004–094) (‘‘SEC
Approval Order’’). See also NASD Notice to
Members 04–65 (September 2004).
E:\FR\FM\12JAN1.SGM
12JAN1
2204
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
6250(b)(1)(C)(i) not effective as of
October 1, 2004; 8 and (3) Rule
6250(b)(2). Changing the
implementation date will allow NASD
to implement Stage Two on a Monday,
rather than a Tuesday, which will
reduce operational implementation
issues.
The implementation date for Stage
Two of SR–NASD–2004–094 will be
February 7, 2005. NASD will announce
all implementation dates of the
proposed rule change in Notices to
Members to be published no later than
30 days following Commission notice of
filing of the rule change for immediate
effectiveness. The implementation dates
regarding proposed amendments to
TRACE fees will be no more than 120
days after publication of the related
Notice to Members.
2. Statutory Basis
NASD believes that the proposed rule
change is consistent with the provisions
of section 15A(b)(5) of the Act,9 which
requires, among other things, that NASD
rules provide for the equitable
allocation of reasonable dues, fees and
other charges among members and
issuers and other persons using any
facility or system that NASD operates or
controls, and the provisions of Section
15A(b)(6) of the Act,10 which requires,
among other things, that NASD rules 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. NASD
believes that the elimination of the
BTDS Professional Delayed-Time Data
Display Fee will equitably allocate fees
8 Rule 6250(b)(1)(C)(i) provides for the immediate
dissemination of transactions in TRACE-eligible
securities that are rated BB (or the equivalent rating
of one or more nationally recognized statistical
rating organizations) or lower and are executed
other than during the New Issue Aftermarket-10, if
the size of the transaction is $1 million or less. (The
term ‘‘New Issue Aftermarket-10’’ is defined in Rule
6250(a)(2).) During Stage One, NASD partially
implemented Rule 6250(b)(1)(C)(i) by disseminating
such transactions but only if larger transactions (i.e.,
‘‘$1 million plus’’ transactions) in the same TRACEeligible security were also subject to dissemination
during Stage One. (‘‘$1 million plus’’ transactions
in the same TRACE-eligible security were
disseminated only if the TRACE-eligible security
traded an average of one or more times per day, as
provided in Rule 6250(b)(1)(C)(ii).) Transactions in
TRACE-eligible securities described in Rule
6250(b)(1)(C)(i) that would otherwise be subject to
immediate dissemination, but occurred in a security
that is traded an average of less than one time per
day and in which ‘‘$1 million plus’’ transactions are
subject to dissemination delays under Rule
6250(b)(2)(A) or Rule 6250(b)(2)(B), were not
disseminated during Stage One, but will begin to be
disseminated when Stage Two is implemented. See
SEC Approval Order. See also NASD Notice to
Members 04–65 (September 2004).
9 15 U.S.C. 78o–3(b)(5).
10 15 U.S.C. 78o–3(b)(6).
VerDate jul<14>2003
17:37 Jan 11, 2005
Jkt 205001
among subscribers of TRACE data that
desire timely data for commercial use or
benefit and will not adversely affect the
use and distribution of TRACE data,
which provides information on TRACEeligible securities, protecting investors
in the market and furthering the public
interest. In addition, NASD believes that
the elimination of the BTDS NonProfessional Real-Time Data Display Fee
will promote the widespread
distribution of transaction information
about corporate bonds to the public and
provide the public with additional
information about investments in debt
securities, which is in furtherance of the
protection of investors and the public
interest. Finally, NASD believes that
implementing the changes to Rule 6250
on Monday, February 7, 2005, will
minimize any potential operational
implementation issues in furtherance of
the protection of investors and the
public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
NASD 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, as amended.
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 proposed rule change: (i)
Does not significantly affect the
protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) does not become operative for 30
days from December 28, 2004, the date
on which it was filed, and NASD
provided the Commission with written
notice of its intent to file the proposed
rule change at least five business days
prior to the filing date, the proposed
rule change has become effective
pursuant to section 19(b)(3)(A) of the
Act 11 and Rule 19b–4(f)(6)
thereunder.12
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
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,
PO 00000
11 15
12 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
Frm 00096
Fmt 4703
Sfmt 4703
or otherwise in furtherance of the
purposes of the Act.13
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NASD–2004–189 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
450 Fifth Street, NW., Washington, DC
20549–0609.
All submissions should refer to File
Number SR–NASD–2004–189. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://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 inspection and copying in
the Commission’s Public Reference
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of NASD. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NASD–2004–189 and
should be submitted on or before
February 2, 2005.
13 See Section 19(b)(3)(C) of the Act, 15 U.S.C.
78s(b)(3)(C).
E:\FR\FM\12JAN1.SGM
12JAN1
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.14
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5–89 Filed 1–11–05; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF STATE
[Public Notice 4955]
Bureau of Oceans and International
Environmental and Scientific Affairs;
Certifications Pursuant to Section 609
of Public Law 101–162
SUMMARY: On December 21, 2004, the
Department of State certified, pursuant
to Section 609 of Public Law 101–162
(‘‘Section 609’’), that Venezuela has
adopted a program to reduce the
incidental capture of sea turtles in its
shrimp fisheries comparable to the
program in effect in the United States.
On December 21, 2004, the Department
of State withdrew certification for
Trinidad and Tobago and for Panama
pursuant to Section 609 because neither
country’s program for protecting sea
turtles in its shrimp fisheries is
determined to be comparable to the
program in effect in the United States.
EFFECTIVE DATE: January 12, 2005.
FOR FURTHER INFORMATION CONTACT:
James Story, Office of Marine
Conservation, Bureau of Oceans and
International Environmental and
Scientific Affairs, Department of State,
Washington, DC 20520–7818; telephone:
(202) 647–2335.
SUPPLEMENTARY INFORMATION: Section
609 of Public Law 101–162 prohibits
imports of certain categories of shrimp
unless the President certifies to the
Congress not later than May 1 of each
year either: (1) That the harvesting
nation has adopted a program governing
the incidental capture of sea turtles in
its commercial shrimp fishery
comparable to the program in effect in
the United States and has an incidental
take rate comparable to that of the
United States; or (2) that the fishing
environment in the harvesting nation
does not pose a threat of the incidental
taking of sea turtles. The President has
delegated the authority to make this
certification to the Department of State.
Revised State Department guidelines for
making the required certifications were
published in the Federal Register on
July 2, 1999 (Vol. 64, No. 130, Public
Notice 3086).
On December 21, 2004, the
Department certified Venezuela on the
14 17
CFR 200.30–3(a)(12).
VerDate jul<14>2003
17:37 Jan 11, 2005
Jkt 205001
basis that its sea turtle protection
program is comparable to that of the
United States. This country joins 14
others certified by the Department in
2004 on the same basis. On December
21, 2004, the Department withdrew
certification for Trinidad and Tobago
and for Panama because the sea turtle
protection program in place for
commercial shrimp trawl fisheries in
these nations is not comparable in
effectiveness to that of the United
States.
The Department of State has
communicated the certification of
Venezuela under Section 609, and the
withdrawal of certification for Panama
and Trinidad and Tobago, to the Office
of Trade Program of Customs and
Border Protection, as well as to the
governments of the affected nations.
Dated: January 5, 2005.
David A Balton,
Deputy Assistant Secretary for Oceans and
Fisheries, Department of State.
[FR Doc. 05–627 Filed 1–11–05; 8:45 am]
BILLING CODE 4710–09–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Rule on Request To
Release Airport Land at San
Bernardino International Airport, San
Bernardino, CA
Federal Aviation
Administration, Department of
Transportation.
ACTION: Notice of Request to Release
Airport Land.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) proposes to rule
and invites public comment on the
release of approximately 49.90 acres of
airport property at San Bernardino
International Airport, San Bernardino,
California, from all restrictions of the
surplus property agreement since the
land is not needed for airport purposes.
Reuse of the land for commercial/light
industrial purposes represents a
compatible land use. Disposal of the
property will provide an opportunity to
acquire additional land that is needed to
enhance safety and meet airport design
standards.
DATES: Comments must be received on
or before February 11, 2005.
ADDRESSES: Comments on this
application may be mailed or delivered
in triplicate to the FAA at the following
address: Federal Aviation
Administration, Airports Division,
Federal Register Comment, 15000
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
2205
Aviation Blvd., Lawndale, CA 90261. In
addition, one copy of the comment
submitted to the FAA must be mailed or
delivered to Donald L. Rogers, Interim
Executive Director, San Bernardino
International Airport Authority, Inland
Valley Development Agency, 294 S.
Leland Norton Way, Suite 1, San
Bernardino, CA 92408–0131.
FOR FURTHER INFORMATION CONTACT:
Tony Garcia, Airports Compliance
Specialist, Federal Aviation
Administration, Airports Division,
15000 Aviation Blvd., Lawndale,
California 90261, telephone (310) 725–
3634 and FAX (310) 725–6849. The
request to release airport property may
be reviewed in person by appointment
at this same location or at San
Bernardino International Airport, San
Bernardino, California.
In
accordance with the Wendell H. Ford
Aviation Investment and Reform Act for
the 21st Century (AIR 21), Pub. L. 10–
181 (Apr. 5, 2000; 114 Stat. 61), this
notice must be published in the Federal
Register 30 days before the Secretary
may waive any condition imposed on a
federally obligated airport’s interest in
surplus property.
The following is a brief overview of
the request:
The San Bernardino International
Airport Authority (SBIAA) requested a
release from surplus property agreement
obligations for approximately 49.90
acres of airport land consisting of five
parcels at San Bernardino International
Airport, San Bernardino, California,
originally granted to them for airport
purposes by the United States Air Force
due to the closure of the former Norton
Air Force Base. Three of the parcels are
located on the west side, the fourth
parcel is located northwest of the
airfield and the fifth parcel is located on
the east side of the airport property. The
parcels are not contiguous or easily
accessible to the airfield and are not
required for aeronautical purposes. The
property’s redevelopment for nonaeronautical purposes will comply with
local zoning and compatible land-use
requirements. The parcels will be
disposed of at fair market value based
on the land’s appraised value. The value
of the land will be used to acquire
additional land, which is needed for
approach and encroachment protection,
to enhance airport safety, and to comply
with airport design standards. The land
disposal and acquisition will provide a
direct benefit to the airport and civil
aviation.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\12JAN1.SGM
12JAN1
]]>Agencies
[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2202-2205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-89]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-50977; File No. SR-NASD-2004-189]
Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Trade Reporting and Compliance Engine
(``TRACE'') Fees and Implementation Date of Stage Two of Dissemination
of TRACE Transaction Information
January 6, 2005.
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 December 28, 2004, the National Association of Securities Dealers,
Inc. (``NASD''), filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') the proposed rule change as described in
items I and II below, which items have been prepared by NASD. The NASD
has filed the proposal as a ``non-controversial'' rule change pursuant
to section 19(b)(3)(A)(iii) of the Act,\3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NASD is proposing to amend Rule 7010(k) to terminate the Bond Trade
Dissemination Service (``BTDS'') Professional Delayed-Time Data Display
Fee pilot program and the BTDS Non-Professional Real-Time Data Display
fee, relating to Trade Reporting and Compliance Engine (``TRACE'')
transaction data fees, and to amend the implementation date of certain
amendments to NASD Rule 6250, relating to TRACE transaction data
dissemination and approved by the SEC in SR-NASD-2004-094 (designated
as ``Stage Two'' of the implementation of SR-NASD-2004-094) from
February 1, 2005 to February 7, 2005. Below is the text of the proposed
rule change. Proposed new language is in italics; proposed deletions
are in brackets.
* * * * *
7010. System Services
(a) through (j) No change.
(k) Trade Reporting and Compliance Engine
The following charges shall be paid by participants for the use of
the Trade Reporting and Compliance Engine (``TRACE''):
------------------------------------------------------------------------
Transaction
System fees reporting fees Market data fees
------------------------------------------------------------------------
Level I Trade Report Only Web Trades up to and BTDS Professional
Browser Access--$20/month per including Real-Time Data
user ID Level II Full Service $200,000 par Display--$60/
Web Browser Access--$80/month value--$0.475/ month per
per user ID. trade; Trades terminal, except
between $201,000
and $999,999 par
value--$0.002375
times the number
of bonds traded/
trade; Trades of
$1,000,000 par
value or more--
$2.375/trade.
[[Page 2203]]
CTCI/Third Party--$25/month/per Cancel/Correct-- [BTDS Professional
firm. $1.50/trade. Delayed-Time Data
Display--$15/
month per
terminal].
``As of'' Trade BTDS Internal
Late--$3/trade. Usage
Authorization--$5
00/month per
application/
service for Real-
Time and Delayed
Time Data.
BTDS External
Usage
Authorization--$1
,000/month per
application/
service for Real-
Time and Delayed-
Time Data.
BTDS Non-
Professional Real-
Time Data
Display--No
charge [$1/month
per terminal].
------------------------------------------------------------------------
(1) through (2) No change.
(3) Market Data Fees
Professionals and non-professionals may subscribe to receive Real-
Time and Delayed-Time TRACE data disseminated by NASD in one or more of
the following ways for the charges specified, as applicable. Members,
vendors and other redistributors shall be required to execute
appropriate agreements with NASD.
(A) Professional Fees
Professionals may subscribe for the following:
(i) No change.
(ii) Reserved. [For a pilot period commencing February 1, 2004, and
lasting through July 31, 2005, BTDS Professional Delayed-Time Data
Display Fee of $15 per month, per terminal charge for each
interrogation or display device receiving Delayed-Time TRACE
transaction data; provided, that subscribers to the BTDS Professional
Real-Time Data Display Fee described above shall not be charged this
additional fee. Subject to the execution of appropriate agreements with
NASD, certain summary market information of Delayed-Time TRACE
transaction data may be published or distributed by newspapers, press
associations, newsletters, or similar media sources without charge.]
(iii) through (iv) No change.
(B) Non-Professional Fees
[The charge to be] There shall be no charge paid by a non-
professional for [each terminal] receiving all or any portion of Real-
Time TRACE transaction data disseminated through TRACE. [shall be $1.00
per month, per terminal.]
(C) through (D) No change.
(l) through (u) No change.
* * * * *
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, NASD 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. NASD 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
NASD is proposing to amend Rule 7010(k) to terminate the BTDS
Professional Delayed-Time Data Display Fee pilot program and the BTDS
Non-Professional Real-Time Data Display fee. Both fees are for TRACE
transaction information. In addition, NASD is proposing to change the
implementation date of Stage Two of SR-NASD-2004-094. Implementation of
Stage Two will make operative certain amendments to NASD Rule 6250 that
provide for the delayed dissemination of information on designated
transactions in TRACE-eligible securities.
TRACE Fees
a. BTDS Professional Delayed-Time Data Display Fee Pilot Program
NASD currently has in place a pilot program that charges for TRACE
transaction information provided to professionals on a delayed basis.
The charge for this pilot program is the BTDS Professional Delayed-Time
Data Display Fee of $15 per month and is imposed per terminal for each
interrogation or display device receiving the delayed data. The pilot
program commenced on February 1, 2004.\5\
---------------------------------------------------------------------------
\5\ The pilot program was recently extended to July 31, 2005.
See Securities Exchange Act Release No. 50627 (November 3, 2004); 69
FR 65005 (November 9, 2004) (File No. SR-NASD-2004-163, filed for
immediate effectiveness on October 26, 2004).
---------------------------------------------------------------------------
NASD has recently begun a comprehensive review of TRACE fees. As
part of this review, NASD has determined to terminate the BTDS
Professional Delayed-Time Data Display Fee and service because the
demand for the service was limited.
b. BTDS Non-Professional Real-Time Data Display Fee
NASD currently charges a minimal fee of $1.00 per month/per
terminal for its BTDS Non-Professional Real-Time Data Display service,
which allows non-professionals to view TRACE data on a real-time
basis.\6\ NASD is proposing to eliminate the $1.00 BTDS Non-
Professional Real-Time Data Display Fee for individual investors who
are users of this real-time TRACE market data.
---------------------------------------------------------------------------
\6\ A ``non-professional'' is defined in Rule 7010(k)(3)(C)(ii)
and is limited by definition to natural persons. In addition,
generally the term excludes any principal, partner, employee, or
other person acting in any capacity in the financial services
industry, and any person engaged in or intending to engage in any
redistribution of TRACE data.
---------------------------------------------------------------------------
Wider distribution of TRACE data is a cornerstone of a broader
effort to better educate individual investors about the corporate bond
market. NASD proposes to eliminate the fee to remove any financial
barriers to the broad-based distribution of TRACE data and encourage
Web sites and other media outlets to widely redistribute real-time data
to individual investors.
Implementation Date of Stage Two of SR-NASD-2004-094
NASD proposes to amend the implementation date of Stage Two of SR-
NASD-2004-094. Stage Two requires the implementation of certain
amendments to NASD Rule 6250 that provide for the delayed dissemination
of information on designated transactions in TRACE-eligible
securities.\7\
---------------------------------------------------------------------------
\7\ SR-NASD-2004-094 was approved for implementation in two
stages. The implementation date of Stage One was October 1, 2004.
See Securities Exchange Act Release No. 50317 (September 3, 2004),
69 FR 55202 (September 13, 2004) (File No. SR-NASD-2004-094) (``SEC
Approval Order''). See also NASD Notice to Members 04-65 (September
2004).
---------------------------------------------------------------------------
NASD proposes to change the implementation date of Stage Two from
February 1, 2005, to February 7, 2005. Specifically, NASD will
implement on February 7, 2005: (1) Rule 6250(a)(1) and (2); (2) the
portion of Rule
[[Page 2204]]
6250(b)(1)(C)(i) not effective as of October 1, 2004; \8\ and (3) Rule
6250(b)(2). Changing the implementation date will allow NASD to
implement Stage Two on a Monday, rather than a Tuesday, which will
reduce operational implementation issues.
---------------------------------------------------------------------------
\8\ Rule 6250(b)(1)(C)(i) provides for the immediate
dissemination of transactions in TRACE-eligible securities that are
rated BB (or the equivalent rating of one or more nationally
recognized statistical rating organizations) or lower and are
executed other than during the New Issue Aftermarket-10, if the size
of the transaction is $1 million or less. (The term ``New Issue
Aftermarket-10'' is defined in Rule 6250(a)(2).) During Stage One,
NASD partially implemented Rule 6250(b)(1)(C)(i) by disseminating
such transactions but only if larger transactions (i.e., ``$1
million plus'' transactions) in the same TRACE-eligible security
were also subject to dissemination during Stage One. (``$1 million
plus'' transactions in the same TRACE-eligible security were
disseminated only if the TRACE-eligible security traded an average
of one or more times per day, as provided in Rule
6250(b)(1)(C)(ii).) Transactions in TRACE-eligible securities
described in Rule 6250(b)(1)(C)(i) that would otherwise be subject
to immediate dissemination, but occurred in a security that is
traded an average of less than one time per day and in which ``$1
million plus'' transactions are subject to dissemination delays
under Rule 6250(b)(2)(A) or Rule 6250(b)(2)(B), were not
disseminated during Stage One, but will begin to be disseminated
when Stage Two is implemented. See SEC Approval Order. See also NASD
Notice to Members 04-65 (September 2004).
---------------------------------------------------------------------------
The implementation date for Stage Two of SR-NASD-2004-094 will be
February 7, 2005. NASD will announce all implementation dates of the
proposed rule change in Notices to Members to be published no later
than 30 days following Commission notice of filing of the rule change
for immediate effectiveness. The implementation dates regarding
proposed amendments to TRACE fees will be no more than 120 days after
publication of the related Notice to Members.
2. Statutory Basis
NASD believes that the proposed rule change is consistent with the
provisions of section 15A(b)(5) of the Act,\9\ which requires, among
other things, that NASD rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that NASD operates or
controls, and the provisions of Section 15A(b)(6) of the Act,\10\ which
requires, among other things, that NASD rules 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. NASD believes that the elimination of the BTDS
Professional Delayed-Time Data Display Fee will equitably allocate fees
among subscribers of TRACE data that desire timely data for commercial
use or benefit and will not adversely affect the use and distribution
of TRACE data, which provides information on TRACE-eligible securities,
protecting investors in the market and furthering the public interest.
In addition, NASD believes that the elimination of the BTDS Non-
Professional Real-Time Data Display Fee will promote the widespread
distribution of transaction information about corporate bonds to the
public and provide the public with additional information about
investments in debt securities, which is in furtherance of the
protection of investors and the public interest. Finally, NASD believes
that implementing the changes to Rule 6250 on Monday, February 7, 2005,
will minimize any potential operational implementation issues in
furtherance of the protection of investors and the public interest.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78o-3(b)(5).
\10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
NASD 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, as amended.
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 proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days from December 28, 2004, the date on which it was
filed, and NASD provided the Commission with written notice of its
intent to file the proposed rule change at least five business days
prior to the filing date, the proposed rule change has become effective
pursuant to section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.\13\
---------------------------------------------------------------------------
\13\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NASD-2004-189 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW.,
Washington, DC 20549-0609.
All submissions should refer to File Number SR-NASD-2004-189. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (https://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 inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NASD. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NASD-2004-189 and should be submitted on or before February 2, 2005.
[[Page 2205]]
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5-89 Filed 1-11-05; 8:45 am]
BILLING CODE 8010-01-P
