Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of Proposed Rule Change Relating to Mediator Selection, 12098-12100 [2012-4595]
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12098
Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices
market data feeds that can be provided
over these 1G network connections, as
per client request, additional NASDAQ
network resources are required to
monitor and interface with clients when
data spikes and data gapping issues
occur. The Exchange has not increased
the fees for these services in over six
years, while the costs have continued to
rise. In addition, the copper connections
provide the same services and latency as
the fiber connections. NASDAQ
proposes to standardize the fees for
these connections as it does with the
inter-cabinet connectivity fees of this
rule.
The Exchange further believes that the
proposed fees are reasonable in that
NASDAQ’s proposed fees are less than
those charged by other trading venues
for comparable services.8
The Exchange also believes the
proposed increase in the fees for the
1Gb connectivity to NASDAQ, both
fiber and copper, is equitably allocated
and non-discriminatory in that all
NASDAQ members have the option of
selecting the 1Gb connections to
NASDAQ and there is no differentiation
among members with regard to the fees
charged for such costs.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange 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.
Moreover, the Exchange believes that its
changes with respect to fees for the 1Gb
connectivity will not burden
competition because the applicable fees
remain competitive with those charged
by other venues.
tkelley on DSK3SPTVN1PROD with NOTICES
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
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.9 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
8 See Securities Exchange Act Release No. 63275
(November 8, 2010), 75 FR 70048 (November 16,
2010)(SR–NYSEArca–2010–100) at page 70049. The
Exchange’s proposed monthly fee of $1,000 for a
1Gb is less than NYSE’s fee of $5,000 for the same
bandwidth connection to the data center.
9 15 U.S.C. 78s(b)(3)(a)(ii) [sic].
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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.
information that you wish to make
publicly available. All submissions
should refer to File Number SR–
NASDAQ–2012–025, and should be
submitted on or before March 20, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
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:
[FR Doc. 2012–4686 Filed 2–27–12; 8:45 am]
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2012–025 on the
subject line.
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing of
Proposed Rule Change Relating to
Mediator Selection
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–NASDAQ–2012–025. This
file number should be included on the
subject line if email is used.
To help the Commission process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet 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 Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
PO 00000
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Fmt 4703
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BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66441; File No. SR–FINRA–
2012–011]
February 22, 2012.
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 February
9, 2012, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
substantially prepared by FINRA. 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
FINRA is proposing to amend FINRA
Rule 14107 of the Code of Mediation
Procedure (‘‘Mediation Code’’) to
provide the Director of Mediation
(‘‘Mediation Director’’) with discretion
to determine whether parties to a FINRA
mediation may select a mediator who is
not on FINRA’s mediator roster.
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
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices
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
tkelley on DSK3SPTVN1PROD with NOTICES
1. Purpose
FINRA is proposing to amend the
Mediation Code to provide the
Mediation Director with discretion to
determine whether parties to FINRA
mediation may select a mediator who is
not on FINRA’s mediator roster.
Currently, the Mediation Code
permits parties to mediation to select a
mediator either from a list of FINRA
mediators supplied by the Mediation
Director, or from a list or other source
of their own choosing. Although parties
usually select a FINRA mediator, under
the current provision, parties may select
a mediator who is not on FINRA’s
roster. In 1995, when FINRA
implemented its mediation program,
FINRA determined to permit parties to
select non-FINRA mediators to ensure
that parties had access to a sufficient
number of mediators.
After over 15 years of administering
the mediation program, FINRA’s
mediator roster includes many seasoned
securities mediators and selection of a
non-FINRA mediator raises concerns for
the forum. FINRA staff carefully screens
every mediator applicant, and the
National Arbitration and Mediation
Committee 3 (through its Mediation
Subcommittee), reviews and approves
each application before FINRA places
an applicant on the roster. FINRA staff
conducts a background check of
approved applicants before placing
them on the mediator roster.4 FINRA
3 The National Arbitration and Mediation
Committee (NAMC) makes recommendations to
FINRA staff regarding recruitment, qualification,
training, and evaluation of arbitrators and
mediators. The NAMC also makes
recommendations on rules, regulations, and
procedures that govern the conduct of arbitration,
mediation, and other dispute resolution matters
before FINRA.
The NAMC members include investor
representatives, securities industry professionals
and FINRA arbitrators and mediators. A majority of
the NAMC members and its chair are public (nonindustry) representatives. This diverse composition
ensures a neutral approach in the administration of
Dispute Resolution’s forum, promoting fairness to
all parties.
4 Upon approval to join the roster, FINRA
mediators pay an annual $200 fee to remain active
on the roster. Additionally, FINRA deducts $150 for
each FINRA mediation from the mediator’s
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Jkt 226001
staff elicits evaluations of its mediators
from parties and counsel and conducts
periodic quality control reviews of
FINRA mediators. Non-FINRA
mediators are not subject to FINRA’s
screening process, background check,
and periodic evaluation.
If a mediator expresses an interest in
applying to be a FINRA mediator, and
FINRA’s program would benefit by
adding the mediator, FINRA staff
believes it would be prudent to permit
a non-FINRA mediator to serve on a
case.5 However, if a mediator has no
interest in applying for FINRA’s roster
or FINRA believes the mediator is not
appropriate for its forum, then the
Mediation Director should have the
discretion to deny the parties’ mediator
selection. Therefore, FINRA is
proposing to amend Rule 14107(a) to
state that a mediator may be selected,
with the Mediation Director’s approval
upon receipt of the parties’ joint request,
from a list or other source the parties
choose. If the Mediation Director rejects
the mediator selected, the parties would
still be able to select a FINRA approved
mediator or a different non-FINRA
mediator subject to the same conditions
as the rejected mediator, or to mediate
their dispute elsewhere.
FINRA Rule 14107(c) provides that a
mediator selected or assigned to mediate
a matter must comply with FINRA rules
relating to disclosures required of
arbitrators unless, with respect to a
mediator selected from a source other
than a list provided by FINRA, the
parties elect to waive such disclosure.
FINRA is proposing to amend Rule
14107(c) to make clear that the
paragraph applies to a non-FINRA
mediator who is approved to serve on a
FINRA mediation.
FINRA is also proposing two
housekeeping amendments to Rule
14107. First, to improve user citation to
Rule 14107(a), FINRA is proposing to
change the bullets in Rule 14107(a) to
numbers. Second, FINRA is proposing
to amend Rule 14107(c) to update the
citation to Rule 12408 of the Customer
Code of Arbitration Procedure. Rule
12408 was re-numbered as part of
compensation (which typically ranges from $250 to
$500 per hour).
5 If the SEC approves the proposed rule change,
FINRA would require any non-FINRA mediator
who serves on a case to pay the $200 annual fee
charged to FINRA mediators who are active on the
roster prior to serving on the case, as well as the
$150 mediation case fee. Further, FINRA would
require the non-FINRA mediator to complete the
application process for inclusion on the mediator
roster.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
12099
another FINRA proposed rule change
and is now identified as Rule 12405.6
2. Statutory Basis
FINRA believes that the proposed rule
change is consistent with the provisions
of Section 15A(b)(6) of the Act,7 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
giving the Mediation Director discretion
to determine whether parties may select
a mediator who is not on FINRA’s
mediator roster would protect the
quality and integrity of the process for
users of FINRA’s mediation program.
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
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve or disapprove
such proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be 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:
6 See Securities Exchange Act Release No. 63799
(Jan. 31, 2011), 76 FR 6500 (Feb. 4, 2011) (Order
Approving File No. SR–FINRA–2010–053).
7 15 U.S.C. 78o–3(b)(6).
E:\FR\FM\28FEN1.SGM
28FEN1
12100
Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–FINRA–2012–011 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.
tkelley on DSK3SPTVN1PROD with NOTICES
All submissions should refer to File
Number SR–FINRA–2012–011. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet 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 Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of
FINRA. All comments received will be
posted without change; 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–2012–011 and
should be submitted on or before March
20, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–4595 Filed 2–27–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
increase certain fees for other forms of
connectivity.
[Release No. 34–66438; File No. SR–Phlx–
2012–16]
Low Latency Connectivity
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Modify
Certain External and Inter-Cabinet
Connectivity Fees
February 22, 2012.
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 February
14, 2012, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. 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 the Substance
of the Proposed Rule Change
The Exchange proposes to modify
certain external and inter-cabinet
connectivity fees. The text of the
proposed rule change is available at
https://www.nasdaqtrader.com/
micro.aspx?id=PHLXRulefilings, at the
Exchange’s principal office, 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, the
Exchange 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. The
Exchange 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
The Exchange proposes to amend the
Phlx Fee Schedule, Section X(b), to
reduce fees for low latency connectivity
to Toronto and Chicago venues; and to
1 15
8 17
CFR 200.30–3(a)(12).
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20:10 Feb 27, 2012
2 17
Jkt 226001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00100
Fmt 4703
Sfmt 4703
On December 20, 2011, the
Commission approved the Exchange’s
offering of low latency point-to-point
telecommunications connectivity from
the Exchange’s co-location facility to
select financial trading and co-location
venues in the metropolitan New York/
New Jersey area, Toronto, and Chicago.3
The enhanced point-to-point
connectivity provides the Exchange’s
co-location customers the opportunity
to obtain low latency network
connectivity with greater ease and at a
competitive price.4
The Exchange now proposes a passthrough reduction in the fees for
connectivity to Toronto and Chicago
venues as follows: (1) For 100MB
connectivity to the Toronto area, a
reduction of the installation fee from
$5,150 to $4,850, and a reduction of the
per-month connectivity fee from $4,350
to $4,100; (2) for 1G connectivity to the
Toronto area, a reduction of the
installation fee from $8,200 to $7,700,
and a reduction of the per-month
connectivity fee from $10,450 to $9,850;
(3) for 10G connectivity to the Toronto
area, a reduction of the installation fee
from $15,150 to $14,200, and a
reduction of the per-month connectivity
fee from $32,400 to $28,400; (4) for
100MB connectivity to the Chicago area,
a reduction of the installation fee from
$4,850 to $3,500, and a reduction of the
per-month connectivity fee from $8,350
to $7,350; (5) for 1G connectivity to the
Chicago area, a reduction of the
installation fee from $5,900 to $4,900,
and a reduction of the per-month
connectivity fee from $16,400 to
$12,800; (6) for 10G connectivity to the
Chicago area, a reduction of the
installation fee from of [sic] $12,050 to
$10,650, and a reduction of the permonth connectivity fee from $39,750 to
$26,900.
The reductions in fees are the result
of the Exchange obtaining a reduction in
the fees charged to the Exchange by the
Toronto and Chicago low latency
telecommunication carriers. The
Exchange is passing along the entire
savings of the reduction in fees to the
subscribers of the Toronto and Chicago
low latency connectivity service.
Increasing the 1Gb Connectivity Fees
The Exchange further proposes to
raise the 1Gb connectivity fees to The
3 See Securities Exchange Act Release No. 66011
(December 20, 2011), 76 FR 80999 (December 27,
2011)(SR–Phlx–2011–142).
4 Id. at 80999.
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Agencies
[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12098-12100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4595]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66441; File No. SR-FINRA-2012-011]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change Relating to
Mediator Selection
February 22, 2012.
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 February 9, 2012, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been substantially prepared by
FINRA. 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
FINRA is proposing to amend FINRA Rule 14107 of the Code of
Mediation Procedure (``Mediation Code'') to provide the Director of
Mediation (``Mediation Director'') with discretion to determine whether
parties to a FINRA mediation may select a mediator who is not on
FINRA's mediator roster.
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
[[Page 12099]]
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 proposing to amend the Mediation Code to provide the
Mediation Director with discretion to determine whether parties to
FINRA mediation may select a mediator who is not on FINRA's mediator
roster.
Currently, the Mediation Code permits parties to mediation to
select a mediator either from a list of FINRA mediators supplied by the
Mediation Director, or from a list or other source of their own
choosing. Although parties usually select a FINRA mediator, under the
current provision, parties may select a mediator who is not on FINRA's
roster. In 1995, when FINRA implemented its mediation program, FINRA
determined to permit parties to select non-FINRA mediators to ensure
that parties had access to a sufficient number of mediators.
After over 15 years of administering the mediation program, FINRA's
mediator roster includes many seasoned securities mediators and
selection of a non-FINRA mediator raises concerns for the forum. FINRA
staff carefully screens every mediator applicant, and the National
Arbitration and Mediation Committee \3\ (through its Mediation
Subcommittee), reviews and approves each application before FINRA
places an applicant on the roster. FINRA staff conducts a background
check of approved applicants before placing them on the mediator
roster.\4\ FINRA staff elicits evaluations of its mediators from
parties and counsel and conducts periodic quality control reviews of
FINRA mediators. Non-FINRA mediators are not subject to FINRA's
screening process, background check, and periodic evaluation.
---------------------------------------------------------------------------
\3\ The National Arbitration and Mediation Committee (NAMC)
makes recommendations to FINRA staff regarding recruitment,
qualification, training, and evaluation of arbitrators and
mediators. The NAMC also makes recommendations on rules,
regulations, and procedures that govern the conduct of arbitration,
mediation, and other dispute resolution matters before FINRA.
The NAMC members include investor representatives, securities
industry professionals and FINRA arbitrators and mediators. A
majority of the NAMC members and its chair are public (non-industry)
representatives. This diverse composition ensures a neutral approach
in the administration of Dispute Resolution's forum, promoting
fairness to all parties.
\4\ Upon approval to join the roster, FINRA mediators pay an
annual $200 fee to remain active on the roster. Additionally, FINRA
deducts $150 for each FINRA mediation from the mediator's
compensation (which typically ranges from $250 to $500 per hour).
---------------------------------------------------------------------------
If a mediator expresses an interest in applying to be a FINRA
mediator, and FINRA's program would benefit by adding the mediator,
FINRA staff believes it would be prudent to permit a non-FINRA mediator
to serve on a case.\5\ However, if a mediator has no interest in
applying for FINRA's roster or FINRA believes the mediator is not
appropriate for its forum, then the Mediation Director should have the
discretion to deny the parties' mediator selection. Therefore, FINRA is
proposing to amend Rule 14107(a) to state that a mediator may be
selected, with the Mediation Director's approval upon receipt of the
parties' joint request, from a list or other source the parties choose.
If the Mediation Director rejects the mediator selected, the parties
would still be able to select a FINRA approved mediator or a different
non-FINRA mediator subject to the same conditions as the rejected
mediator, or to mediate their dispute elsewhere.
---------------------------------------------------------------------------
\5\ If the SEC approves the proposed rule change, FINRA would
require any non-FINRA mediator who serves on a case to pay the $200
annual fee charged to FINRA mediators who are active on the roster
prior to serving on the case, as well as the $150 mediation case
fee. Further, FINRA would require the non-FINRA mediator to complete
the application process for inclusion on the mediator roster.
---------------------------------------------------------------------------
FINRA Rule 14107(c) provides that a mediator selected or assigned
to mediate a matter must comply with FINRA rules relating to
disclosures required of arbitrators unless, with respect to a mediator
selected from a source other than a list provided by FINRA, the parties
elect to waive such disclosure. FINRA is proposing to amend Rule
14107(c) to make clear that the paragraph applies to a non-FINRA
mediator who is approved to serve on a FINRA mediation.
FINRA is also proposing two housekeeping amendments to Rule 14107.
First, to improve user citation to Rule 14107(a), FINRA is proposing to
change the bullets in Rule 14107(a) to numbers. Second, FINRA is
proposing to amend Rule 14107(c) to update the citation to Rule 12408
of the Customer Code of Arbitration Procedure. Rule 12408 was re-
numbered as part of another FINRA proposed rule change and is now
identified as Rule 12405.\6\
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 63799 (Jan. 31,
2011), 76 FR 6500 (Feb. 4, 2011) (Order Approving File No. SR-FINRA-
2010-053).
---------------------------------------------------------------------------
2. Statutory Basis
FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\7\ 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 giving the Mediation Director
discretion to determine whether parties may select a mediator who is
not on FINRA's mediator roster would protect the quality and integrity
of the process for users of FINRA's mediation program.
---------------------------------------------------------------------------
\7\ 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.
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
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve or disapprove such proposed rule change, or
(B) institute proceedings to determine whether the proposed rule
change should be 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:
[[Page 12100]]
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-FINRA-2012-011 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-2012-011. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; 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-2012-011 and should be
submitted on or before March 20, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4595 Filed 2-27-12; 8:45 am]
BILLING CODE 8011-01-P