Surrender of License of Small Business Investment Company, 23455 [E9-11565]
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Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59905; File No. SR–FINRA–
2007–012]
The notice
of the Presidential disaster declaration
for the State of Florida, dated 04/28/
2009 is hereby amended to include the
following areas as adversely affected by
the disaster:
SUPPLEMENTARY INFORMATION:
Primary Counties: (Physical Damage
and Economic Injury Loans): Leon,
Levy, Wakulla
Contiguous Counties: (Economic Injury
Loans Only):
Florida: Citrus, Marion
Georgia: Grady, Thomas
All other information in the original
declaration remains unchanged.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. E9–11603 Filed 5–18–09; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
Surrender of License of Small
Business Investment Company
Pursuant to the authority granted to
the United States Small Business
Administration under the Small
Business Investment Act of 1958, under
Section 309 of the Act and Section
107.1900 of the Small Business
Administration Rules and Regulations
(13 CFR 107.1900) to function as a small
business investment company under the
Small Business Investment Company
License No. 09/79–0404 issued to Bay
Partners SBIC, L.P., and said license is
hereby declared null and void as of May
1, 2009.
United States Small Business
Administration.
Harry E. Haskins,
Acting Associate Administrator for
Investment.
[FR Doc. E9–11565 Filed 5–18–09; 8:45 am]
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Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Order Approving
Proposed Rule Change, as Modified by
Amendment Nos. 1 and 2 Thereto To
Amend Trade Reporting Rules To
Require a Related Market Center
Indicator on Certain Non-Tape Reports
Submitted to FINRA
May 12, 2009.
I. Introduction
On September 12, 2007, the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’) filed with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
proposed rule change to amend its trade
reporting rules to require members to
record a related market center indicator
on certain non-tape reports submitted to
FINRA. On December 18, 2007, FINRA
filed Amendment No. 1 to the proposed
rule change. The proposed rule change,
as modified by Amendment No. 1, was
published for comment in the Federal
Register on December 28, 2007.3 The
Commission received three comments
on the proposal.4 FINRA filed
Amendment No. 2 on March 27, 2009.5
This order approves to the proposed
rule change, as modified by Amendment
Nos. 1 and 2.
II. Description of the Proposal
As discussed more fully in the Notice,
certain transactions can be reported in
related tape (i.e., the transaction is
reported to the tape for publication) and
non-tape reports.6
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 57020
(December 20, 2007), 72 FR 73930 (‘‘Notice’’).
4 See letter from Securities Industry and Financial
Markets Association, dated January 24, 2008
(‘‘SIFMA Letter’’); letter from Citigroup Global
Markets, Inc., dated February 1, 2008 (‘‘Citi Letter’’);
and letter from Financial Information Forum, dated
February 29, 2008 (‘‘FIF Letter’’).
5 In Amendment No. 2, FINRA: (1) Addressed the
comments received in response to the publication
of the Notice and proposed certain minor
modifications and clarifications in response to the
comments; (2) reflected changes to the underlying
rule text adopted pursuant to two intervening rule
changes and made conforming modifications to the
proposed rule change. This Amendment is a
technical amendment and therefore not subject to
notice and comment.
6 Non-tape reports can be (1) ‘‘non-tape, nonclearing,’’ i.e., the transaction is not reported to the
tape but is submitted to FINRA for regulatory (not
clearing) purposes, or (2) ‘‘clearing-only,’’ i.e., the
2 17
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23455
Thus, agency transactions where one
member acts as agent on behalf of
another member can be reported in
related tape and non-tape reports.
Similarly, a riskless principal
transaction,7 which is a functional
equivalent of an agency trade, can be
submitted to FINRA as a single trade
report properly marked as riskless
principal, or as two separate reports: (1)
A tape report to reflect the initial leg of
the transaction and (2) a non-tape report
to reflect the offsetting, ‘‘riskless’’ leg of
the transaction. Currently, a non-tape
report does not provide specific
information pertaining to the related
tape report.
FINRA proposed to amend FINRA
Rules 7130 (relating to the ADF/
TRACS), 7230A (relating to the FINRA/
NASDAQ TRF), 7230B (relating to the
FINRA/NYSE TRF), and 7330 (relating
to OTC RF) 8 to require members for any
non-tape report (either a non-tape, nonclearing report or a clearing-only report)
submitted to a FINRA Facility
associated with a previously executed
trade that was not reported to that same
FINRA Facility, to identify the facility
or market to which the associated trade
was reported. The proposed rule change
also requires that members retain and
produce to FINRA, upon request,
documentation relating to the associated
trade (e.g., a confirmation from the
exchange identifying the ‘‘street side’’ of
a riskless principal transaction).
FINRA also proposed that where a
single non-tape report is related to
multiple tape reports: (1) If the multiple
tape reports were made to a single
exchange or, in the case of over-thecounter trades, a single FINRA Facility,
that exchange or facility must be
properly reflected on the single nontape report; and (2) if the multiple tape
reports were made to different
exchanges and/or FINRA Facilities, the
member will not be required to identify
the specific exchanges or facilities; it
will be required to populate the Related
Market Center field with a standard
indicator: ‘‘multiple venues.’’ 9 In
transaction is not reported to the tape and is
submitted to FINRA for clearing (and perhaps also
regulatory) purposes.
7 For purposes of over-the-counter trade reporting
requirements applicable to equity securities, a
‘‘riskless principal’’ transaction is a transaction in
which a member, after having received an order to
buy (sell) a security, purchases (sells) the security
as principal (the initial leg) and satisfies the original
order by selling (buying) as principal at the same
price (the offsetting, ‘‘riskless’’ leg). See FINRA
Regulatory Notice 07–38 (August 2007).
8 The original filing contained different Rule
numbers, which were revised in Amendment No. 2
to account for intervening rule filings. See supra
note 5.
9 See Amendment No. 2.
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19MYN1
Agencies
[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Page 23455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11565]
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SMALL BUSINESS ADMINISTRATION
Surrender of License of Small Business Investment Company
Pursuant to the authority granted to the United States Small
Business Administration under the Small Business Investment Act of
1958, under Section 309 of the Act and Section 107.1900 of the Small
Business Administration Rules and Regulations (13 CFR 107.1900) to
function as a small business investment company under the Small
Business Investment Company License No. 09/79-0404 issued to Bay
Partners SBIC, L.P., and said license is hereby declared null and void
as of May 1, 2009.
United States Small Business Administration.
Harry E. Haskins,
Acting Associate Administrator for Investment.
[FR Doc. E9-11565 Filed 5-18-09; 8:45 am]
BILLING CODE 8025-01-P