Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Update Rule Cross-References and Make Non-Substantive Technical Changes to Certain FINRA Rules, 47229-47231 [2016-17097]
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Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
All submissions should refer to File
Number SR–BatsEDGA–2016–15. 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–
BatsEDGA–2016–15, and should be
submitted on or before August 10, 2016.
[Release No. 34–78327; File No. SR–FINRA–
2016–026]
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.55
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016–17090 Filed 7–19–16; 8:45 am]
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 8011–01–P
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change to Update Rule CrossReferences and Make Non-Substantive
Technical Changes to Certain FINRA
Rules
July 14, 2016.
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 July 7,
2016, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
FINRA is proposing to update crossreferences and make other nonsubstantive changes within FINRA
rules, due in part to the adoption of a
new consolidated FINRA rule.
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.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b-4.
3 17 CFR 240.19b-4(f)(6).
2 17
55 17
CFR 200.30–3(a)(12).
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47229
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
FINRA has been developing a
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 changes in the
Consolidated FINRA Rulebook.
The proposed rule change would
make some of those changes, as well as
other non-substantive changes unrelated
to the adoption of rules in the
Consolidated FINRA Rulebook.
First, the proposed rule change would
update rule cross-references to reflect
the adoption of a consolidated
investment company securities rule. On
June 9, 2016, FINRA filed with the SEC
a proposed rule change, for immediate
effectiveness, to adopt NASD Rule 2830
as FINRA Rule 2341 (Investment
Company Securities), without any
substantive changes. As part of that rule
filing, FINRA also deleted in its entirety
NASD Rule 2830.5 Rule 2341 will be
implemented on July 9, 2016. As such,
the proposed rule change would update
references to the new rule number in
FINRA Rules 2320 (Variable Contracts
of an Insurance Company) and 6630
(Applicability of FINRA Rules to
Securities Previously Designated as
PORTAL Securities). The proposed rule
change further would delete from the
FINRA Manual the heading for the
NASD Rule 2800 Series (Special
Products) and the placeholder for NASD
Rule 2870 (Reserved) to reflect that the
NASD Rule 2800 Series 6 has fully been
consolidated into the FINRA rules.
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. 78130
(June 22, 2016), 81 FR 42016 (June 28, 2016) (Notice
of Filing and Immediate Effectiveness of File No.
SR–FINRA–2016–019).
6 See supra note 5.
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47230
Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices
Second, the proposed rule change
would make technical changes to
FINRA Rules 6191 (Compliance with
Regulation NMS Plan to Implement a
Tick Size Pilot Program) 7 and 7440
(Recording of Order Information)8 to
reflect FINRA Manual style convention
changes and correct paragraph
numbering. FINRA would also merge
the Supplementary Material in Rule
6191(a) with and into the
Supplementary Material in Rule 6191(b)
to reflect FINRA Manual style
convention.9
Finally, the proposed rule change
would also delete from FINRA Funding
Portal Rule 100 the reference to FINRA
Dispute Resolution, Inc. to reflect the
merger of FINRA Dispute Resolution,
Inc. into and with FINRA.10
FINRA has filed the proposed rule
change for immediate effectiveness and
has requested that the SEC waive the
requirement that the proposed rule
change not become operative for 30 days
after the date of the filing, so that FINRA
can implement the proposed rule
change to coincide with the effective
dates of the affected rules. The
implementation date for the proposed
changes to FINRA Rules 2320 and 6630,
Funding Portal Rule 100, and the
proposed deletion of the NASD Rule
2800 Series heading and NASD Rule
2870 will be July 9, 2016. The
implementation date for the changes to
FINRA Rules 6191 and 7440 will be
October 3, 2016 and August 1, 2016,
respectively, to coincide with the
implementation date of the rules.
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2. Statutory Basis
FINRA believes that the proposed rule
change is consistent with the provisions
of Section 15A(b)(6) of the Act,11 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
7 See Securities Exchange Act Release No. 77164
(February 17, 2016), 81 FR 9043 (February 23, 2016)
(Order Approving File No. SR–FINRA–2015–048);
see also Securities Exchange Act Release No. 77218
(February 23, 2016), 81 FR 10290 (February 29,
2016) (Order Approving File No. SR–FINRA–2015–
047).
8 See Securities Exchange Act Release No. 77164
(February 17, 2016), 81 FR 9043 (February 23, 2016)
(Order Approving File No. SR–FINRA–2015–048)
and Securities Exchange Act Release No. 77523
(April 5, 2016), 81 FR 21427 (April 11, 2016) (Order
Approving File No. SR–FINRA–2016–006).
9 See supra note 7.
10 See Securities Exchange Act Release No. 76670
(December 16, 2015), 80 FR 79632 (December 22,
2015) (Order Approving File No. SR–FINRA–2015–
034).
11 15 U.S.C. 78o-3(b)(6).
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18:24 Jul 19, 2016
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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. The
proposed rule change brings clarity and
consistency to FINRA rules without
adding any burden on firms.
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)(iii) of the Act 12 and
subparagraph (f)(6) of Rule 19b–4
thereunder.13
Under Rule 19b–4(f)(6) of the Act,14
the proposal does not become operative
for 30 days after the date of its filing, or
such shorter time as the Commission
may designate if consistent with the
protection of investors and the public
interest. FINRA has requested that the
Commission waive the 30-day operative
delay so that the proposed rule change
will become operative on filing. FINRA
stated that the proposed rule change
updates cross-references and makes no
substantive changes, and it would like
to implement the change to coincide
with the effective dates of the affected
rules. For this reason, the Commission
believes that waiver of the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
designates the proposed rule change to
be operative upon filing.15
At any time within 60 days of the
filing of the proposed rule change, the
12 15
13 17
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
14 Id.
15 For purposes only of waiving the 30-day
operative delay, the Commission also has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
PO 00000
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Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) 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–2016–026 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–FINRA–2016–026. 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
E:\FR\FM\20JYN1.SGM
20JYN1
Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices
available publicly. All submissions
should refer to File Number SR–FINRA–
2016–026, and should be submitted on
or before August 10, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016–17097 Filed 7–19–16; 8:45 am]
Dated: July 11, 2016.
Mark Taplin,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2016–17147 Filed 7–19–16; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF STATE
[Public Notice: 9640]
BILLING CODE 8011–01–P
Memorandum of Agreement Between
the U.S. Department of State Bureau of
Consular Affairs and the Council on
Accreditation
DEPARTMENT OF STATE
ACTION:
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Valentin de Boulogne: Beyond
Caravaggio’’ Exhibition
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), E.O. 12047 of March 27, 1978, the
Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257 of April 15, 2003), I hereby
determine that the objects to be
included in the exhibition ‘‘Valentin de
Boulogne: Beyond Caravaggio,’’
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
I also determine that the exhibition or
display of the exhibit objects at the
Metropolitan Museum of Art New York,
New York, from on or about October 6,
2016, until on or about January 16,
2017, and at possible additional
exhibitions or venues yet to be
determined, is in the national interest.
I have ordered that Public Notice of
these Determinations be published in
the Federal Register.
SUMMARY:
For
further information, including a list of
the imported objects, contact the Office
of Public Diplomacy and Public Affairs
in the Office of the Legal Adviser, U.S.
Department of State (telephone: 202–
632–6471; email: section2459@
state.gov). The mailing address is U.S.
Department of State, L/PD, SA–5, Suite
5H03, Washington, DC 20522–0505.
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FOR FURTHER INFORMATION CONTACT:
16 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:24 Jul 19, 2016
Department of State.
Notice.
AGENCY:
[Public Notice: 9645]
Jkt 238001
The Department of State (the
Department) is the lead Federal agency
for implementation of the 1993 Hague
Convention on Protection of Children
and Co-operation in Respect of
Intercountry Adoption (the Convention),
the Intercountry Adoption Act of 2000
(IAA), and the Intercountry Adoption
Universal Accreditation Act of 2012
(UAA). Among other things, the IAA
and UAA give the Secretary of State
responsibility, by entering into
agreements with one or more qualified
entities and designating such entities as
accrediting entities, for the accreditation
of agencies and approval of persons to
provide adoption services in
intercountry adoptions. This notice is to
inform the public that on July 11, 2016,
the Department entered into an
agreement with the Council on
Accreditation (COA) designating COA
as an accrediting entity (AE) for an
additional five years.
The Memorandum of Agreement
between the U.S. Department of State
Bureau of Consular Affairs and the
Council on Accreditation (2016 MOA)
remains largely consistent with the
terms of the MOA signed on July 12,
2006 by Maura Harty, Assistant
Secretary for Consular Affairs, U.S.
Department of State and signed on July
6, 2006 by Richard Klarberg, President
and Chief Executive Officer, COA.
However, the 2016 MOA has been
updated to reflect enactment of the UAA
and to remove obsolete references,
while further refining the role and
responsibilities of the accrediting entity
and taking into account subsequent
updates to the intercountry adoption
accreditation regulations in 22 CFR part
96. The text of the 2016 MOA is
included in its entirety at the end of this
Notice.
FOR FURTHER INFORMATION CONTACT:
Valerie Barlow at 202–485–6347.
Hearing or speech-impaired persons
SUMMARY:
PO 00000
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47231
may use the Telecommunications
Devices for the Deaf (TDD) by contacting
the Federal Information Relay Service at
1–800–877–8339.
SUPPLEMENTARY INFORMATION: The
Department, pursuant to section 202(a)
of the IAA, must enter into an
agreement with at least one qualified
entity and designate it as an accrediting
entity. Accrediting entities may be (1)
nonprofit private entities with expertise
in developing and administering
standards for entities providing child
welfare services; or (2) state adoption
licensing bodies that have expertise in
developing and administering standards
for entities providing child welfare
services and that accredit only agencies
located in that state. Both nonprofit
accrediting entities and state accrediting
entities must meet any other criteria that
the Department may by regulation
establish. COA is a nonprofit private
entity with expertise in developing and
administering standards for entities
providing child welfare services
throughout the United States.
The final rule on accreditation of
agencies and approval of persons (22
CFR part 96) was published in the
Federal Register (71 FR 8064–8066,
February 15, 2006) and became effective
on March 17, 2006. The final rule
establishes the regulatory framework for
the accreditation and approval function
and provides the standards that the
designated accrediting entities will
follow in accrediting or approving
adoption service providers. Under the
UAA, adoption service providers
working with prospective adoptive
parents in non-Convention adoption
cases need to comply with the same
accreditation requirement and standards
that apply in Convention adoption
cases.
Through the Department’s ongoing
monitoring and oversight of COA,
which includes an annual performance
review, the Department observed that
COA’s performance of its duties as an
accrediting entity is in substantial
compliance with the IAA, UAA and
regulations set forth in Title 22 of the
Code of Federal Regulations, part 96.
Therefore, the Department has renewed
the designation of COA as an AE.
Memorandum of Agreement Between
the Department of State Bureau of
Consular Affairs and the Council on
Accreditation
Parties & Purpose of the Agreement
The Department of State, Bureau of
Consular Affairs (Department), and the
Council on Accreditation (COA), with
its principal office located at 45
Broadway, 29th floor, New York, NY
E:\FR\FM\20JYN1.SGM
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Agencies
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Notices]
[Pages 47229-47231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17097]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78327; File No. SR-FINRA-2016-026]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change to Update Rule Cross-References and Make Non-
Substantive Technical Changes to Certain FINRA Rules
July 14, 2016.
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 July 7, 2016, 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 the
Substance of the Proposed Rule Change
FINRA is proposing to update cross-references and make other non-
substantive changes within FINRA rules, due in part to the adoption of
a new consolidated FINRA rule.
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 has been developing a 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 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 make some of those changes, as well
as other non-substantive changes unrelated to the adoption of rules in
the Consolidated FINRA Rulebook.
First, the proposed rule change would update rule cross-references
to reflect the adoption of a consolidated investment company securities
rule. On June 9, 2016, FINRA filed with the SEC a proposed rule change,
for immediate effectiveness, to adopt NASD Rule 2830 as FINRA Rule 2341
(Investment Company Securities), without any substantive changes. As
part of that rule filing, FINRA also deleted in its entirety NASD Rule
2830.\5\ Rule 2341 will be implemented on July 9, 2016. As such, the
proposed rule change would update references to the new rule number in
FINRA Rules 2320 (Variable Contracts of an Insurance Company) and 6630
(Applicability of FINRA Rules to Securities Previously Designated as
PORTAL Securities). The proposed rule change further would delete from
the FINRA Manual the heading for the NASD Rule 2800 Series (Special
Products) and the placeholder for NASD Rule 2870 (Reserved) to reflect
that the NASD Rule 2800 Series \6\ has fully been consolidated into the
FINRA rules.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 78130 (June 22,
2016), 81 FR 42016 (June 28, 2016) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2016-019).
\6\ See supra note 5.
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[[Page 47230]]
Second, the proposed rule change would make technical changes to
FINRA Rules 6191 (Compliance with Regulation NMS Plan to Implement a
Tick Size Pilot Program) \7\ and 7440 (Recording of Order
Information)\8\ to reflect FINRA Manual style convention changes and
correct paragraph numbering. FINRA would also merge the Supplementary
Material in Rule 6191(a) with and into the Supplementary Material in
Rule 6191(b) to reflect FINRA Manual style convention.\9\
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release No. 77164 (February 17,
2016), 81 FR 9043 (February 23, 2016) (Order Approving File No. SR-
FINRA-2015-048); see also Securities Exchange Act Release No. 77218
(February 23, 2016), 81 FR 10290 (February 29, 2016) (Order
Approving File No. SR-FINRA-2015-047).
\8\ See Securities Exchange Act Release No. 77164 (February 17,
2016), 81 FR 9043 (February 23, 2016) (Order Approving File No. SR-
FINRA-2015-048) and Securities Exchange Act Release No. 77523 (April
5, 2016), 81 FR 21427 (April 11, 2016) (Order Approving File No. SR-
FINRA-2016-006).
\9\ See supra note 7.
---------------------------------------------------------------------------
Finally, the proposed rule change would also delete from FINRA
Funding Portal Rule 100 the reference to FINRA Dispute Resolution, Inc.
to reflect the merger of FINRA Dispute Resolution, Inc. into and with
FINRA.\10\
---------------------------------------------------------------------------
\10\ See Securities Exchange Act Release No. 76670 (December 16,
2015), 80 FR 79632 (December 22, 2015) (Order Approving File No. SR-
FINRA-2015-034).
---------------------------------------------------------------------------
FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so that FINRA can implement the proposed rule
change to coincide with the effective dates of the affected rules. The
implementation date for the proposed changes to FINRA Rules 2320 and
6630, Funding Portal Rule 100, and the proposed deletion of the NASD
Rule 2800 Series heading and NASD Rule 2870 will be July 9, 2016. The
implementation date for the changes to FINRA Rules 6191 and 7440 will
be October 3, 2016 and August 1, 2016, respectively, to coincide with
the implementation date of the rules.
2. Statutory Basis
FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\11\ 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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\11\ 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. The proposed rule change brings
clarity and consistency to FINRA rules without adding any burden on
firms.
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)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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\12\ 15 U.S.C. 78s(b)(3)(A)(iii).
\13\ 17 CFR 240.19b-4(f)(6).
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Under Rule 19b-4(f)(6) of the Act,\14\ the proposal does not become
operative for 30 days after the date of its filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. FINRA has requested that the
Commission waive the 30-day operative delay so that the proposed rule
change will become operative on filing. FINRA stated that the proposed
rule change updates cross-references and makes no substantive changes,
and it would like to implement the change to coincide with the
effective dates of the affected rules. For this reason, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Therefore, the
Commission designates the proposed rule change to be operative upon
filing.\15\
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\14\ Id.
\15\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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-2016-026 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-FINRA-2016-026. 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
[[Page 47231]]
available publicly. All submissions should refer to File Number SR-
FINRA-2016-026, and should be submitted on or before August 10, 2016.
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\16\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-17097 Filed 7-19-16; 8:45 am]
BILLING CODE 8011-01-P