Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update Rule Cross-References and Make Non-Substantive Technical Changes to Certain FINRA and NASD Rules, 36029-36031 [2012-14621]
Download as PDF
Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
notes that, similar to the proposed
Cross-Asset Tier, the NYSE Arca
Options Fee Schedule includes a credit
for OTP Holders and OTP Firms that is
based on both equity and option
volume. Similarly, the NASDAQ Stock
Market LLC (‘‘NASDAQ’’) charges
certain fees based on both equity and
option volume.15 Additionally,
specifying that Investor Tier 3 ETP
Holders would become eligible to
qualify for the Tape A, Tape B and Tape
C Step Up Tiers would align the fees
that are applicable to ETP Holders that
qualify for the Cross-Asset Tier and ETP
Holders that qualify for Investor Tier
3.16
Finally, the Exchange notes that it
operates in a highly competitive market
in which market participants can
readily favor competing venues. In such
an environment, the Exchange must
continually review, and consider
adjusting, its fees and credits to remain
competitive with other exchanges. For
the reasons described above, the
Exchange believes that the proposed
rule change reflects this competitive
environment.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
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
No written comments were solicited
or received with respect to the proposed
rule change.
srobinson on DSK4SPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 17 of the Act and
subparagraph (f)(2) of Rule 19b–4 18
thereunder, because it establishes a due,
fee, or other charge imposed by the
NYSE Arca.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
15 See NASDAQ Rule 7018. See also Securities
Exchange Act Release Nos. 59879 (May 6, 2009), 74
FR 22619 (May 13, 2009) (SR–NASDAQ–2009–041)
and 65317 (September 12, 2011), 76 FR 57778
(September 16, 2011) (SR–NASDAQ–2011–127).
16 As noted above, and as is the case today,
Investor Tier 1 and Investor Tier 2 ETP Holders
would remain ineligible to qualify for the Tape A,
Tape B or Tape C Step Up Tiers.
17 15 U.S.C. 78s(b)(3)(A).
18 17 CFR 240.19b–4(f)(2).
VerDate Mar<15>2010
17:05 Jun 14, 2012
Jkt 226001
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
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 email to rulecomments@sec.gov. Please include File
Number SR–NYSEArca–2012–56 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–NYSEArca-2012–56. 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
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. 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–
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
36029
NYSEArca–2012–56 and should be
submitted on or before July 6, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–14622 Filed 6–14–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67176; File No. SR–FINRA–
2012–027]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Update Rule CrossReferences and Make Non-Substantive
Technical Changes to Certain FINRA
and NASD Rules
June 11, 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 June 5,
2012, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) (f/k/a
National Association of Securities
Dealers, Inc. (‘‘NASD’’)) 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
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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
FINRA is proposing to update crossreferences within certain FINRA rules to
reflect changes adopted in the
consolidated FINRA rulebook and to
make non-substantive technical changes
to certain FINRA and NASD 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.
19 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
1 15
E:\FR\FM\15JNN1.SGM
15JNN1
36030
Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
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, Proposed Rule
Change
srobinson on DSK4SPTVN1PROD with NOTICES
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 would
update rule cross-references to reflect
changes adopted in the Consolidated
FINRA Rulebook. In this regard, the
proposed rule change would update
references in FINRA Rules 0150
(Application of Rules to Exempted
Securities Except Municipal Securities),
2111 (Suitability), 2330 (Members’
Responsibilities Regarding Deferred
Variable Annuities), 5220 (Offers at
Stated Prices), 5320 (Prohibition Against
Trading Ahead of Customer Orders),
and 6630 (Applicability of FINRA Rules
to Securities Previously Designated as
PORTAL Securities) that are needed as
the result of Commission approval of
three recent FINRA proposed rule
changes.5 The proposed rule change
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. 63325
(November 17, 2010), 75 FR 71479 (November 23,
VerDate Mar<15>2010
17:05 Jun 14, 2012
Jkt 226001
would also make technical changes to
FINRA Rules 3230 (Telemarketing) and
13204 (Class Action & Collective
Actions Claims) to reflect FINRA
Manual style convention. The proposed
rule change would also delete from the
FINRA Manual the Series heading for
NASD Rule 0100 (General Provisions) to
reflect that the NASD Rule 0100 Series
has been replaced by FINRA Rule 0100
Series (General Standards).6
FINRA also is proposing to delete the
definitions of ‘‘Stop Stock Price’’ and
‘‘Stop Stock Transaction’’ from
paragraph (i) of Rule 6140 (Other
Trading Practices). Those definitions
were inadvertently included in Rule
6140, which generally relates to certain
prohibited trading practices. However,
the terms ‘‘Stop Stock Price’’ and ‘‘Stop
Stock Transaction’’ are not used in Rule
6140, but in the equity trade reporting
rules, and the definitions are
separately—and more appropriately—
contained in those rules (see Rules
6220, 6320A, 6320B and 6420
(Definitions)).
In addition, FINRA is relocating the
definition of ‘‘inter-dealer quotation
system’’ from former NASD Rule
2320(f)(4)(A) to FINRA Rule 6420
(Definitions).7
FINRA has filed the proposed rule
change for immediate effectiveness. The
implementation date for the proposed
rule changes to FINRA Rules 0150,
2111, 2330, 3230, 5220, 5320, 6140,
6420, 6630, 13204 and NASD Rule 0100
will be July 9, 2012.
2. Statutory Basis
FINRA believes that the proposed rule
change is consistent with the provisions
of Section 15A(b)(6) of the Act,8 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
2010) (Order Approving File No. SR–FINRA–2010–
039); Securities Exchange Act Release No. 63784
(January 27, 2011), 76 FR 5850 (February 2, 2011)
(Order Approving File No. SR–FINRA–2010–052);
and Securities Exchange Act Release No. 65895
(December 5, 2011), 76 FR 77042 (December 9,
2011) (Order Approving File No. SR–FINRA–2011–
052).
6 See Securities Exchange Act Release No. 58643
(September 25, 2008), 73 FR 57174 (October 1,
2008) (Order Approving File No. SR–FINRA–2008–
026); and Securities Exchange Act Release No.
65599 (October 20, 2011), 76 FR 66344 (October 26,
2011) (Order Approving File No. SR–FINRA–2010–
029).
7 See Securities Exchange Act Release No. 65895
(December 5, 2011), 76 FR 77042 (December 9,
2011) (Order Approving File No. SR–FINRA–2011–
052).
8 15 U.S.C. 78o–3(b)(6).
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
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 9 and Rule 19b–
4(f)(6) thereunder.10
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–FINRA–2012–027 on the
subject line.
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
10 17
E:\FR\FM\15JNN1.SGM
15JNN1
Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549.
All submissions should refer to File
Number SR–FINRA–2012–027. 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
10:00 a.m. and 3:00 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–
2012–027 and should be submitted on
or before July 6, 2012.
For the Commission, by the Division
of Trading and Markets, pursuant to
delegated authority.11
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–14621 Filed 6–14–12; 8:45 am]
srobinson on DSK4SPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
ROK Entertainment Group, Inc.,
RussOil Corp., Tricell, Inc., Tunex
International, Inc. (n/k/a Aone Dental
International Group, Inc.), and Wireless
Age Communications, Inc.; Order of
Suspension of Trading
June 13, 2012.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of ROK
Entertainment Group, Inc. because it has
not filed any periodic reports since the
period ended June 30, 2008.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of RussOil
Corp. because it has not filed any
periodic reports since the period ended
March 31, 2008.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Tricell, Inc.
because it has not filed any periodic
reports since the period ended
September 30, 2006.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Tunex
International, Inc. (n/k/a Aone Dental
International Group, Inc.) because it has
not filed any periodic reports since the
period ended December 31, 2006.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Wireless
Age Communications, Inc. because it
has not filed any periodic reports since
the period ended September 30, 2008.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed companies
is suspended for the period from 9:30
a.m. EDT on June 13, 2012, through
11:59 p.m. EDT on June 26, 2012.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012–14754 Filed 6–13–12; 11:15 am]
11 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
17:05 Jun 14, 2012
BILLING CODE 8011–01–P
Jkt 226001
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
36031
SOCIAL SECURITY ADMINISTRATION
Agency Information Collection
Activities: Comment Request
The Social Security Administration
(SSA) publishes a list of information
collection packages requiring clearance
by the Office of Management and
Budget (OMB) in compliance with
Public Law 104–13, the Paperwork
Reduction Act of 1995, effective October
1, 1995. This notice includes revisions
of OMB-approved information
collections.
SSA is soliciting comments on the
accuracy of the agency’s burden
estimate; the need for the information;
its practical utility; ways to enhance its
quality, utility, and clarity; and ways to
minimize burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Mail, email, or
fax your comments and
recommendations on the information
collection(s) to the OMB Desk Officer
and SSA Reports Clearance Officer at
the following addresses or fax numbers.
(OMB), Office of Management and
Budget, Attn: Desk Officer for SSA,
Fax: 202–395–6974, Email address:
OIRA_Submission@omb.eop.gov.
(SSA), Social Security Administration,
DCRDP, Attn: Reports Clearance
Director, 107 Altmeyer Building, 6401
Security Blvd., Baltimore, MD 21235,
Fax: 410–966–2830, Email address:
OPLM.RCO@ssa.gov.
SSA submitted the information
collections below to OMB for clearance.
Your comments regarding the
information collections would be most
useful if OMB and SSA receive them 30
days from the date of this publication.
To be sure we consider your comments,
we must receive them no later than July
16, 2012. Individuals can obtain copies
of the OMB clearance packages by
writing to OPLM.RCO@ssa.gov.
1. Claimant’s Medication—20 CFR
404.1512, 416.912—0960–0289. In cases
where claimants request a hearing after
denial of their claim for Social Security
benefits, SSA uses Form HA–4632 to
request information from the claimant
regarding the medications they are
using. This information helps the
administrative law judge overseeing the
case to fully investigate (1) the
claimant’s medical treatment and (2) the
effects of the medications on the
claimant’s medical impairments and
functional capacity. The respondents
are applicants (or their representatives)
for Social Security benefits or payments
requesting a hearing to contest an
agency denial of their claim.
E:\FR\FM\15JNN1.SGM
15JNN1
Agencies
[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Notices]
[Pages 36029-36031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14621]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67176; File No. SR-FINRA-2012-027]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Update Rule Cross-References and Make Non-
Substantive Technical Changes to Certain FINRA and NASD Rules
June 11, 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 June 5, 2012, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) 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 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 and NASD
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.
[[Page 36030]]
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, 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 would update rule cross-references to
reflect changes adopted in the Consolidated FINRA Rulebook. In this
regard, the proposed rule change would update references in FINRA Rules
0150 (Application of Rules to Exempted Securities Except Municipal
Securities), 2111 (Suitability), 2330 (Members' Responsibilities
Regarding Deferred Variable Annuities), 5220 (Offers at Stated Prices),
5320 (Prohibition Against Trading Ahead of Customer Orders), and 6630
(Applicability of FINRA Rules to Securities Previously Designated as
PORTAL Securities) that are needed as the result of Commission approval
of three recent FINRA proposed rule changes.\5\ The proposed rule
change would also make technical changes to FINRA Rules 3230
(Telemarketing) and 13204 (Class Action & Collective Actions Claims) to
reflect FINRA Manual style convention. The proposed rule change would
also delete from the FINRA Manual the Series heading for NASD Rule 0100
(General Provisions) to reflect that the NASD Rule 0100 Series has been
replaced by FINRA Rule 0100 Series (General Standards).\6\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 63325 (November 17,
2010), 75 FR 71479 (November 23, 2010) (Order Approving File No. SR-
FINRA-2010-039); Securities Exchange Act Release No. 63784 (January
27, 2011), 76 FR 5850 (February 2, 2011) (Order Approving File No.
SR-FINRA-2010-052); and Securities Exchange Act Release No. 65895
(December 5, 2011), 76 FR 77042 (December 9, 2011) (Order Approving
File No. SR-FINRA-2011-052).
\6\ See Securities Exchange Act Release No. 58643 (September 25,
2008), 73 FR 57174 (October 1, 2008) (Order Approving File No. SR-
FINRA-2008-026); and Securities Exchange Act Release No. 65599
(October 20, 2011), 76 FR 66344 (October 26, 2011) (Order Approving
File No. SR-FINRA-2010-029).
---------------------------------------------------------------------------
FINRA also is proposing to delete the definitions of ``Stop Stock
Price'' and ``Stop Stock Transaction'' from paragraph (i) of Rule 6140
(Other Trading Practices). Those definitions were inadvertently
included in Rule 6140, which generally relates to certain prohibited
trading practices. However, the terms ``Stop Stock Price'' and ``Stop
Stock Transaction'' are not used in Rule 6140, but in the equity trade
reporting rules, and the definitions are separately--and more
appropriately--contained in those rules (see Rules 6220, 6320A, 6320B
and 6420 (Definitions)).
In addition, FINRA is relocating the definition of ``inter-dealer
quotation system'' from former NASD Rule 2320(f)(4)(A) to FINRA Rule
6420 (Definitions).\7\
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release No. 65895 (December 5,
2011), 76 FR 77042 (December 9, 2011) (Order Approving File No. SR-
FINRA-2011-052).
---------------------------------------------------------------------------
FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date for the proposed rule changes to
FINRA Rules 0150, 2111, 2330, 3230, 5220, 5320, 6140, 6420, 6630, 13204
and NASD Rule 0100 will be July 9, 2012.
2. Statutory Basis
FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ 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.
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\8\ 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
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 \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-FINRA-2012-027 on the subject line.
[[Page 36031]]
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549.
All submissions should refer to File Number SR-FINRA-2012-027. 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
10:00 a.m. and 3:00 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-2012-027 and should be
submitted on or before July 6, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-14621 Filed 6-14-12; 8:45 am]
BILLING CODE 8011-01-P