Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update Certain Cross-References and Make Other Various Non-Substantive Technical Changes to Certain FINRA Rules, 5834-5836 [2010-2330]

Download as PDF 5834 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 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–CBOE–2010–003 on the subject line. Paper Comments srobinson on DSKHWCL6B1PROD with NOTICES • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. SECURITIES AND EXCHANGE COMMISSION and C below, of the most significant aspects of such statements. [Release No. 34–61427; File No. SR–FINRA– 2010–002] A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update Certain CrossReferences and Make Other Various Non-Substantive Technical Changes to Certain FINRA Rules January 27, 2010. 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 January All submissions should refer to File 14, 2010, Financial Industry Regulatory Number SR–CBOE–2010–003. This file Authority, Inc. (‘‘FINRA’’) filed with the number should be included on the Securities and Exchange Commission subject line if e-mail is used. To help the (‘‘SEC’’ or ‘‘Commission’’) the proposed Commission process and review your rule change as described in Items I and comments more efficiently, please use II below, which Items have been only one method. The Commission will prepared by FINRA. FINRA has post all comments on the Commission’s designated the proposed rule change as Internet Web site (https://www.sec.gov/ constituting a ‘‘non-controversial’’ rule rules/sro.shtml). Copies of the change under paragraph (f)(6) of Rule submission, all subsequent 19b–4 under the Act,3 which renders amendments, all written statements the proposal effective upon receipt of with respect to the proposed rule this filing by the Commission. The change that are filed with the Commission is publishing this notice to Commission, and all written solicit comments on the proposed rule communications relating to the change from interested persons. proposed rule change between the Commission and any person, other than I. Self-Regulatory Organization’s Statement of the Terms of Substance of those that may be withheld from the the Proposed Rule Change public in accordance with the provisions of 5 U.S.C. 552, will be FINRA is proposing to update crossavailable for inspection and copying in references within certain FINRA rules to the Commission’s Public Reference reflect changes adopted in the Room, 100 F Street, NE., Washington, consolidated FINRA rulebook and to DC 20549, on official business days make non-substantive technical changes between the hours of 10 a.m. and 3 p.m. to certain FINRA rules. Copies of such filing also will be The text of the proposed rule change available for inspection and copying at is available on FINRA’s Web site at the principal office of the Exchange. All https://www.finra.org, at the principal comments received will be posted office of FINRA and at the without change; the Commission does Commission’s Public Reference Room. not edit personal identifying II. Self-Regulatory Organization’s information from submissions. You Statement of the Purpose of, and should submit only information that Statutory Basis for, the Proposed Rule you wish to make available publicly. All Change submissions should refer to File No. In its filing with the Commission, SR–CBOE–2010–003 and should be FINRA included statements concerning submitted on or before February 25, the purpose of and basis for the 2010. proposed rule change and discussed any For the Commission, by the Division of comments it received on the proposed Trading and Markets, pursuant to delegated rule change. The text of these statements 8 authority. may be examined at the places specified Florence E. Harmon, in Item IV below. FINRA has prepared Deputy Secretary. summaries, set forth in sections A, B, [FR Doc. 2010–2332 Filed 2–3–10; 8:45 am] BILLING CODE 8011–01–P 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6). 2 17 8 17 CFR 200.30–3(a)(12). VerDate Nov<24>2008 17:31 Feb 03, 2010 Jkt 220001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 1. Purpose FINRA is in the process of developing a new consolidated rulebook (‘‘Consolidated FINRA Rulebook’’).4 That process involves FINRA submitting to the Commission for approval a series of proposed rule changes over time to adopt rules in the Consolidated FINRA Rulebook. The phased adoption and implementation of those rules necessitates periodic amendments to update rule cross-references and other non-substantive technical changes in the Consolidated FINRA Rulebook. The proposed rule change first would update rule cross-references to reflect recent changes adopted in the Consolidated FINRA Rulebook. The proposed rule change would update FINRA Rule 0150 to reflect the adoption into the Consolidated FINRA Rulebook of (1) FINRA Rule 2060 and the deletion of NASD Rule 3120,5 (2) FINRA Rules 4120 and 4130 and the deletion of NASD Rules 3130 and 3131 and NASD IM–3130,6 and (3) FINRA Rules 5210 and 5220 and the deletion of NASD Rules 3310 and 3320 and NASD IM– 3310 and IM–3320.7 The rule crossreferences in FINRA Rule 6635 would be similarly updated to reflect the adoption of (1) FINRA Rule 2251 and the deletion of NASD Rule 2260,8 (2) FINRA Rules 5210 and 5520 and the deletion of NASD IM–3310 and IM– 4 The current FINRA rulebook consists of (1) FINRA Rules; (2) NASD Rules; and (3) rules incorporated from NYSE (‘‘Incorporated NYSE Rules’’) (together, the NASD Rules and Incorporated NYSE Rules are referred to as the ‘‘Transitional Rulebook’’). While the NASD Rules generally apply to all FINRA members, the Incorporated NYSE Rules apply only to those members of FINRA that are also members of the NYSE (‘‘Dual Members’’). The FINRA Rules apply to all FINRA members, unless such rules have a more limited application by their terms. For more information about the rulebook consolidation process, see Information Notice, March 12, 2008 (Rulebook Consolidation Process). 5 See Securities Exchange Act Release No. 61071 (November 30, 2009), 74 FR 64109 (December 7, 2009) (Order Approving File No. SR–FINRA–2009– 067). 6 See Securities Exchange Act Release No. 60933 (November 4, 2009), 74 FR 58334 (November 12, 2009) (Order Approving File No. SR–FINRA–2008– 067). 7 See Securities Exchange Act Release No. 60835 (October 16, 2009), 74 FR 54616 (October 22, 2009) (Order Approving File No. SR–FINRA–2009–055). 8 See Securities Exchange Act Release No. 61052 (November 23, 2009), 74 FR 62857 (December 1, 2009) (Order Approving File No. SR–FINRA–2009– 066). E:\FR\FM\04FEN1.SGM 04FEN1 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 3320,9 and (3) FINRA Rule 4120 and the deletion of NASD Rule 3130.10 Finally, the rule references in FINRA Rule 9217, which sets forth FINRA’s Minor Rule Violation Plan, would be updated to (1) delete the reference to Incorporated NYSE Rule 312(h) and (2) delete Incorporated NYSE Rule 421 and replace it with FINRA Rule 4521(d), as the provision is substantively similar.11 The proposed rule change also would amend FINRA Rules 6380A, 6380B, 6622, 7230A, 7230B and 7330 to reflect the transfer of NASD Rule 11890 into the Consolidated FINRA Rulebook as part of a new FINRA Rule 11890 Series.12 The proposed rule change would also make a non-substantive change to FINRA Rule 11893 to re-label paragraph (d) as paragraph (c). In addition, the proposed rule change would make a technical amendment to FINRA Rule 9610 to delete the reference to FINRA Rule 6183 as such rule has been removed from the Consolidated FINRA Rulebook. FINRA Rule 6183 (formerly NASD Rule 5150) automatically terminated on July 9, 2008.13 Finally, the proposed rule change would amend FINRA Rules 2251 14 and 4110 15 to reflect a change in FINRA’s style convention when referencing federal securities laws. FINRA has filed the proposed rule change for immediate effectiveness. The implementation date for the proposed rule change to FINRA Rules 2251, 6380A, 6380B, 6622, 7230A, 7230B, 7330, 9610, and 11893 will be February 15, 2010.16 The proposed rule change to FINRA Rule 0150 will be February 15, 2010, except the proposed rule change that would eliminate the references to NASD Rules 3130 and 3131 and IM–3130 and add references to FINRA Rules 4120 and 4130, which will be implemented on February 8, 2010.17 The proposed rule change to FINRA Rule 6635 will be February 15, 2010, except the proposed rule change that would eliminate the reference to NASD Rule 3130 and add reference to FINRA 9 See note 7. note 6. 11 See note 6. 12 See Securities Exchange Act Release No. 61080 (December 1, 2009), 74 FR 64117 (December 7, 2009) (Order Approving File No. SR–FINRA–2009– 068). 13 See Securities Exchange Act Release No. 58643 (September 25, 2008) 73 FR 57174 (October 1, 2008) (Order Approving File Nos. SR–FINRA–2008–021; SR–FINRA–2008–022; SR–FINRA–2008–026; SR– FINRA–2008–028 and SR–FINRA–2008–029). 14 See note 8. 15 See note 6. 16 See Regulatory Notice 09–72 (December 2009). See also note 12. The effective date of SR–FINRA– 2009–068 will be announced in a Regulatory Notice and is intended to be February 15, 2010. 17 See Regulatory Notice 09–71 (December 2009). srobinson on DSKHWCL6B1PROD with NOTICES 10 See VerDate Nov<24>2008 17:31 Feb 03, 2010 Jkt 220001 Rule 4120, which will be implemented on February 8, 2010.18 The implementation date for the proposed rule change to FINRA Rules 4110 and 9217 will be February 8, 2010.19 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act,20 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 the proposed rule change will provide greater clarity to members and the public regarding FINRA’s rules. 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. 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 21 and Rule 19b– 4(f)(6) thereunder.22 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. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, note 17. note 17. 20 15 U.S.C. 78o–3(b)(6). 21 15 U.S.C. 78s(b)(3)(A). 22 17 CFR 240.19b–4(f)(6). 5835 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–FINRA–2010–002 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–FINRA–2010–002. 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 23, 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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 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; 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–FINRA– 2010–002 and should be submitted on or before February 25, 2010. 18 See 19 See PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 23 The text of the proposed rule change is available on the Commission’s Web site at https:// www.sec.gov/. E:\FR\FM\04FEN1.SGM 04FEN1 5836 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.24 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–2330 Filed 2–3–10; 8:45 am] DEPARTMENT OF STATE [Public Notice: 6889] Meeting of the United States-Peru Environmental Affairs Council BILLING CODE 8011–01–P ACTION: Notice of the meeting of the U.S.-Peru Environmental Affairs Council and request for comments. DEPARTMENT OF STATE SUMMARY: The Department of State and the Office of the United States Trade Representative (USTR) are providing notice that the United States and Peru intend to hold the first meeting of the Environmental Affairs Council (the ‘‘Council’’) in Washington, DC, on February 17, 2010. This body was created pursuant to Chapter 18 (Environment) of the United States-Peru Trade Promotion Agreement (PTPA). A public information session will be held on February 17th, at 2:45 p.m., in room 1107 at the U.S. Department of State, 2201 C Street, NW., Washington, DC 20520. If you would like to attend the session, please send the following information to Jacqueline Tront at the fax number or email address listed below under the heading ADDRESSES: (1) Your name, (2) your date of birth, and (3) the number of a valid identification card that a government has issued to you. The purpose of the Council meeting is detailed below under Supplementary Information. The meeting agenda will include an overview of Chapter 18 and review of its implementation, a progress report on implementation of the Annex on Forest Sector Governance (Annex 18.3.4), and consideration and discussion of implementation of the U.S.-Peru Environmental Cooperation Agreement (ECA). The Department of State and USTR invite interested organizations and members of the public to submit written comments or suggestions regarding agenda items and to attend the public session. In preparing comments, we encourage submitters to refer to: • Chapter 18 of the PTPA, including Annex 18.3.4. • The Final Environmental Review of the PTPA. • The ECA. These documents are available at: https://www.ustr.gov and https:// www.state.gov/g/oes/env/trade/peru/ index.htm. DATES: The public session of the Council meeting is to be held on February 17, 2010, 2:45 p.m. in Washington, DC. To be assured of timely consideration, comments and suggestions are requested in writing no later than February 14, 2010. [Public Notice 6892] Lifting of Nonproliferation Measures Against One Russian Entity AGENCY: ACTION: Department of State. Notice. SUMMARY: A determination has been made, pursuant to Section 6 of Executive Order 12938 of November 14, 1994, as amended, to remove nonproliferation measures on one Russian entity. DATES: Effective Date: February 4, 2010. FOR FURTHER INFORMATION CONTACT: Pamela K. Durham, Office of Missile Threat Reduction, Bureau of International Security and Nonproliferation, Department of State (202–647–4930). Pursuant to the authorities vested in the President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (‘‘IEEPA’’), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export Control Act (22 U.S.C. 2751 et seq.), and section 301 of title 3, United States Code, and Section 6 of Executive Order 12938 of November 14, 1994, as amended, a determination was made on January 26, 2010, that it is in the foreign policy and national security interests of the United States to remove the restrictions imposed pursuant to Sections 4(b), 4(c), and 4(d) of the Executive Order on the following Russian entity, its sub-units and successors: 1. Baltic State Technical University. These restrictions were imposed on July 30, 1998 (see 63 FR 42089). srobinson on DSKHWCL6B1PROD with NOTICES SUPPLEMENTARY INFORMATION: Dated: January 29, 2010. C.S. Eliot Kang, Acting Assistant Secretary of State for International Security and Nonproliferation. [FR Doc. 2010–2418 Filed 2–3–10; 8:45 am] BILLING CODE 4710–27–P 24 17 CFR 200.30–3(a)(12). VerDate Nov<24>2008 17:31 Feb 03, 2010 Jkt 220001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 ADDRESSES: Written comments or suggestions should be submitted to both: (1) Jacqueline Tront, Office of Environmental Policy, Bureau of Oceans, International Environmental, and Scientific Affairs, U.S. Department of State, by electronic mail at trontjm@state.gov with the subject line ‘‘U.S.-Peru EAC Meeting’’ or by fax to (202) 647–5947; and (2) Mara M. Burr, Deputy Assistant United States Trade Representative for Environment and Natural Resources, Office of the United States Trade Representative by electronic mail at mburr@ustr.eop.gov with the subject line ‘‘U.S.-Peru EAC Meeting’’ or by fax to (202) 395–9517. Persons with access to the Internet may also view and comment on this notice by going to the U.S. Government Regulations.gov Web site at https:// regulations.gov/index.cfm. FOR FURTHER INFORMATION CONTACT: Jacqueline Tront, Telephone (202) 647– 4750 or Mara M. Burr, Telephone (202) 395–7320. SUPPLEMENTARY INFORMATION: The United States-Peru TPA entered into force on February 1, 2009. Article 18.6 of the TPA establishes an Environmental Affairs Council, which is required to meet at least once a year to discuss the implementation of, and progress under, Chapter 18. Chapter 18 requires that meetings of the Council include a public session, unless the Parties otherwise agree. At the upcoming meeting of the Council, the Council will review the status of implementation of Chapter 18 and assess the progress on implementing the Annex on Forest Sector Governance (Annex 18.3.4). The public is advised to refer to the State Department Web site at https:// www.state.gov/g/oes/env/trade/peru/ index.htm and the USTR Web site at https://www.USTR.gov for further information. Dated: February 1, 2010. Willem H. Brakel, Acting Director, Office of Environmental Policy, Department of State. [FR Doc. 2010–2416 Filed 2–3–10; 8:45 am] BILLING CODE 4710–09–P DEPARTMENT OF STATE [Public Notice 6893] Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: Indonesia-U.S. Youth Leadership Program Announcement Type: New Grant. E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Notices]
[Pages 5834-5836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2330]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61427; File No. SR-FINRA-2010-002]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of 
Proposed Rule Change To Update Certain Cross-References and Make Other 
Various Non-Substantive Technical Changes to Certain FINRA Rules

January 27, 2010.
    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 January 14, 2010, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to update cross-references within certain FINRA 
rules to reflect changes adopted in the consolidated FINRA rulebook and 
to make non-substantive technical changes to certain FINRA rules.
    The text of the proposed rule change is available on FINRA's Web 
site at https://www.finra.org, at the principal office of FINRA and at 
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. FINRA has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    FINRA is in the process of developing a new consolidated rulebook 
(``Consolidated FINRA Rulebook'').\4\ That process involves FINRA 
submitting to the Commission for approval a series of proposed rule 
changes over time to adopt rules in the Consolidated FINRA Rulebook. 
The phased adoption and implementation of those rules necessitates 
periodic amendments to update rule cross-references and other non-
substantive technical changes in the Consolidated FINRA Rulebook.
---------------------------------------------------------------------------

    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2) 
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated 
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules 
are referred to as the ``Transitional Rulebook''). While the NASD 
Rules generally apply to all FINRA members, the Incorporated NYSE 
Rules apply only to those members of FINRA that are also members of 
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA 
members, unless such rules have a more limited application by their 
terms. For more information about the rulebook consolidation 
process, see Information Notice, March 12, 2008 (Rulebook 
Consolidation Process).
---------------------------------------------------------------------------

    The proposed rule change first would update rule cross-references 
to reflect recent changes adopted in the Consolidated FINRA Rulebook. 
The proposed rule change would update FINRA Rule 0150 to reflect the 
adoption into the Consolidated FINRA Rulebook of (1) FINRA Rule 2060 
and the deletion of NASD Rule 3120,\5\ (2) FINRA Rules 4120 and 4130 
and the deletion of NASD Rules 3130 and 3131 and NASD IM-3130,\6\ and 
(3) FINRA Rules 5210 and 5220 and the deletion of NASD Rules 3310 and 
3320 and NASD IM-3310 and IM-3320.\7\ The rule cross-references in 
FINRA Rule 6635 would be similarly updated to reflect the adoption of 
(1) FINRA Rule 2251 and the deletion of NASD Rule 2260,\8\ (2) FINRA 
Rules 5210 and 5520 and the deletion of NASD IM-3310 and IM-

[[Page 5835]]

3320,\9\ and (3) FINRA Rule 4120 and the deletion of NASD Rule 
3130.\10\ Finally, the rule references in FINRA Rule 9217, which sets 
forth FINRA's Minor Rule Violation Plan, would be updated to (1) delete 
the reference to Incorporated NYSE Rule 312(h) and (2) delete 
Incorporated NYSE Rule 421 and replace it with FINRA Rule 4521(d), as 
the provision is substantively similar.\11\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 61071 (November 30, 
2009), 74 FR 64109 (December 7, 2009) (Order Approving File No. SR-
FINRA-2009-067).
    \6\ See Securities Exchange Act Release No. 60933 (November 4, 
2009), 74 FR 58334 (November 12, 2009) (Order Approving File No. SR-
FINRA-2008-067).
    \7\ See Securities Exchange Act Release No. 60835 (October 16, 
2009), 74 FR 54616 (October 22, 2009) (Order Approving File No. SR-
FINRA-2009-055).
    \8\ See Securities Exchange Act Release No. 61052 (November 23, 
2009), 74 FR 62857 (December 1, 2009) (Order Approving File No. SR-
FINRA-2009-066).
    \9\ See note 7.
    \10\ See note 6.
    \11\ See note 6.
---------------------------------------------------------------------------

    The proposed rule change also would amend FINRA Rules 6380A, 6380B, 
6622, 7230A, 7230B and 7330 to reflect the transfer of NASD Rule 11890 
into the Consolidated FINRA Rulebook as part of a new FINRA Rule 11890 
Series.\12\ The proposed rule change would also make a non-substantive 
change to FINRA Rule 11893 to re-label paragraph (d) as paragraph (c).
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 61080 (December 1, 
2009), 74 FR 64117 (December 7, 2009) (Order Approving File No. SR-
FINRA-2009-068).
---------------------------------------------------------------------------

    In addition, the proposed rule change would make a technical 
amendment to FINRA Rule 9610 to delete the reference to FINRA Rule 6183 
as such rule has been removed from the Consolidated FINRA Rulebook. 
FINRA Rule 6183 (formerly NASD Rule 5150) automatically terminated on 
July 9, 2008.\13\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 58643 (September 
25, 2008) 73 FR 57174 (October 1, 2008) (Order Approving File Nos. 
SR-FINRA-2008-021; SR-FINRA-2008-022; SR-FINRA-2008-026; SR-FINRA-
2008-028 and SR-FINRA-2008-029).
---------------------------------------------------------------------------

    Finally, the proposed rule change would amend FINRA Rules 2251 \14\ 
and 4110 \15\ to reflect a change in FINRA's style convention when 
referencing federal securities laws. FINRA has filed the proposed rule 
change for immediate effectiveness. The implementation date for the 
proposed rule change to FINRA Rules 2251, 6380A, 6380B, 6622, 7230A, 
7230B, 7330, 9610, and 11893 will be February 15, 2010.\16\ The 
proposed rule change to FINRA Rule 0150 will be February 15, 2010, 
except the proposed rule change that would eliminate the references to 
NASD Rules 3130 and 3131 and IM-3130 and add references to FINRA Rules 
4120 and 4130, which will be implemented on February 8, 2010.\17\ The 
proposed rule change to FINRA Rule 6635 will be February 15, 2010, 
except the proposed rule change that would eliminate the reference to 
NASD Rule 3130 and add reference to FINRA Rule 4120, which will be 
implemented on February 8, 2010.\18\ The implementation date for the 
proposed rule change to FINRA Rules 4110 and 9217 will be February 8, 
2010.\19\
---------------------------------------------------------------------------

    \14\ See note 8.
    \15\ See note 6.
    \16\ See Regulatory Notice 09-72 (December 2009). See also note 
12. The effective date of SR-FINRA-2009-068 will be announced in a 
Regulatory Notice and is intended to be February 15, 2010.
    \17\ See Regulatory Notice 09-71 (December 2009).
    \18\ See note 17.
    \19\ See note 17.
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\20\ 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 the proposed rule change will provide 
greater clarity to members and the public regarding FINRA's rules.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.

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 \21\ and Rule 19b-
4(f)(6) thereunder.\22\
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 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.

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-FINRA-2010-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2010-002. 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 \23\, 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, 100 F Street, NE., Washington, DC 20549, on official 
business days between the hours of 10 a.m. and 3 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; 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-FINRA-2010-002 and should be submitted on or before February 25, 
2010.
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    \23\ The text of the proposed rule change is available on the 
Commission's Web site at https://www.sec.gov/.


[[Page 5836]]


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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2330 Filed 2-3-10; 8:45 am]
BILLING CODE 8011-01-P
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