840 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4The Commission notes that while provided in 

Exhibit 5 to the filing, the text of the proposed rule 

change is not attached to this notice but is available 

at FINRA, the Commission’s Public Reference 

Room, and at http://www.finra.org. 

Day Event/activity 

20 ............. Nuclear Regulatory Commission 

(NRC) staff informs the requester of the staff’s determination whether the request 

for access provides a reasonable basis to believe standing 

can be established and shows 

(1) need for SUNSI or (2) 

need to know for SGI. (For 

SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding 

would be harmed by the release of the information.) If 

NRC staff makes the finding 

of need for SUNSI and likelihood of standing, NRC staff 

begins document processing 

(preparation of redactions or 

review of redacted documents). If NRC staff makes 

the finding of need to know for 

SGI and likelihood of standing, 

NRC staff begins background 

check (including fingerprinting 

for a criminal history records 

check), information processing 

(preparation of redactions or 

review of redacted documents), and readiness inspections. 

25 ............. If NRC staff finds no ‘‘need,’’ 

‘‘need to know,’’ or likelihood 

of standing, the deadline for 

petitioner/requester to file a 

motion seeking a ruling to reverse the NRC staff’s denial of 

access; NRC staff files copy 

of access determination with 

the presiding officer (or Chief 

Administrative Judge or other 

designated officer, as appropriate). If NRC staff finds 

‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding 

would be harmed by the release of the information to file 

a motion seeking a ruling to 

reverse the NRC staff’s grant 

of access. 

30 ............. Deadline for NRC staff reply to 

motions to reverse NRC staff 

determination(s). 

40 ............. (Receipt +30) If NRC staff finds 

standing and need for SUNSI, 

deadline for NRC staff to complete information processing 

and file motion for Protective 

Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file NonDisclosure Agreement for 

SUNSI. 

Day Event/activity 

190 ........... (Receipt +180) If NRC staff finds 

standing, need to know for 

SGI, and trustworthiness and 

reliability, deadline for NRC 

staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a 

determination that the proposed recipient of SGI is not 

trustworthy or reliable). NOTE: 

Before the Office of Administration makes an adverse determination regarding access, 

the proposed recipient must 

be provided an opportunity to 

correct or explain information. 

205 ........... Deadline for petitioner to seek 

reversal of a final adverse 

NRC staff determination either 

before the presiding officer or 

another designated officer. 

A .............. If access granted: Issuance of 

presiding officer or other designated officer decision on 

motion for protective order for 

access to sensitive information 

(including schedule for providing access and submission 

of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ........ Deadline for filing executed NonDisclosure Affidavits. Access 

provided to SUNSI and/or SGI 

consistent with decision 

issuing the protective order. 

A + 28 ...... Deadline for submission of contentions whose development 

depends upon access to 

SUNSI and/or SGI. However, 

if more than 25 days remain 

between the petitioner’s receipt of (or access to) the information and the deadline for 

filing all other contentions (as 

established in the notice of 

hearing or opportunity for 

hearing), the petitioner may 

file its SUNSI or SGI contentions by that later deadline. 

A + 53 ...... (Contention receipt +25) Answers to contentions whose 

development depends upon 

access to SUNSI and/or SGI. 

A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

B .............. Decision on contention admission. 

[FR Doc. E9–111 Filed 1–7–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59175; File No. SR–FINRA– 

2008–066] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Reflect the Closing of 

the FINRA/NSX Trade Reporting 

Facility on December 31, 2008 

December 30, 2008. 

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 December 

23, 2008, 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 and 

II below, which Items have been 

prepared by FINRA. FINRA submitted 

the proposed rule change under Section 

19(b)(3)(A) of the Act and Rule 19b– 

4(f)(6) 3 thereunder, which renders the 

proposal effective upon filing with 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’s proposed rule change reflects 

the closing of the FINRA/NSX Trade 

Reporting Facility (the ‘‘FINRA/NSX 

TRF’’) as of the close of business on 

December 31, 2008. The text of the 

proposed rule change is attached as 

Exhibit 5.4

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, 


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Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 841 

5See Securities Exchange Act Release No. 54715 

(November 6, 2006), 71 FR 66354 (November 14, 

2006) (order approving SR–NASD–2006–108). 

6FINRA notes that the LLC Agreement appears in 

its manual as the NASD/NSX Trade Reporting 

Facility LLC Agreement. 

7Although the FINRA/NSX TRF will cease 

operating on December 31, 2008, pursuant to the 

termination provisions in the LLC Agreement, the 

FINRA/NSX Trade Reporting Facility LLC will 

continue its corporate existence until no later than 

November 17, 2009. 

8On September 25, 2008, the SEC approved 

proposed rule change SR–FINRA–2008–021, which 

adopts the NASD Marketplace Rules (the NASD 

Rule 4000 through 7000 Series) as the FINRA Rule 

6000 through 7000 Series in the Consolidated 

FINRA Rulebook. See Securities Exchange Act 

Release No. 58643 (September 25, 2008), 73 FR 

57174 (October 1, 2008) (order approving SR– 

FINRA–2008–021; SR–FINRA–2008–022; SR– 

FINRA–2008–026; SR–FINRA–2008–028; and SR– 

FINRA–2008–029) (the ‘‘Consolidation Proposals’’). 

The Consolidation Proposals were implemented on 

December 15, 2008. See Regulatory Notice 08–57 

(October 2008). 

9On November 5, 2008, the SEC approved 

proposed rule change SR–FINRA–2008–011, which 

amends the FINRA Rule 6300B and 7200B Series 

(relating to the FINRA/NSX TRF) and the FINRA 

Rule 6300C and 7200C Series (relating to the 

FINRA/NYSE TRF). See Securities Exchange Act 

Release No. 58903 (November 5, 2008), 73 FR 67905 

(November 17, 2008) (order approving SR–FINRA– 

2008–011); and Securities Exchange Act Release 

No. 58903A (November 13, 2008), 73 FR 69700 

(November 19, 2008) (correction to order approving 

SR–FINRA–2008–011). The implementation date of 

SR–FINRA–2008–011 will be announced in a 

Regulatory Notice and will be between six and nine 

months from the date of SEC approval. 

Additionally, FINRA filed proposed rule change 

SR–FINRA–2008–060 for immediate effectiveness 

on December 11, 2008 (available at http:// 

www.finra.org/Industry/Regulation/RuleFilings/ 

2008/P117527). SR–FINRA–2008–060 amends the 

FINRA Rule 6300B and 6300C Series and will be 

operative 30 days after the date of filing. 

The changes to the FINRA/NSX TRF rules 

adopted pursuant to SR–FINRA–2008–011 and SR– 

FINRA–2008–060 will not be implemented. FINRA 

will file a separate proposed rule change to make 

conforming changes to the FINRA/NYSE TRF rules, 

as renumbered pursuant to this filing, in accordance 

with SR–FINRA–2008–011 and SR–FINRA–2008– 

060. 

10 15 U.S.C. 78o–3(b)(6). 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(6). 

13As required under Rule 19b–4(f)(6)(iii), the 

Exchange has provided the Commission with 

written notice of its intent to file the proposed rule 

change at least five business days prior to the filing 

of the proposed rule change. 

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 

The FINRA/NSX TRF was approved 

by the SEC5 and commenced operation 

in November 2006 to provide members 

a mechanism for reporting locked-in 

trades in NMS stocks, as defined in Rule 

600(b)(47) of SEC Regulation NMS, 

effected otherwise than on an exchange. 

The National Stock Exchange, Inc. 

(‘‘NSX’’), the ‘‘Business Member’’ under 

the FINRA/NSX Trade Reporting 

Facility LLC Agreement (the ‘‘LLC 

Agreement’’),6 has determined to close 

the FINRA/NSX TRF for business 

reasons, and as of the close of business 

on December 31, 2008, the FINRA/NSX 

TRF will cease accepting trade reports.7

FINRA members have been given 

notice of the anticipated closing and 

were further notified that any members 

using the FINRA/NSX TRF to report 

trades are required to find an alternative 

mechanism to satisfy their trade 

reporting obligations. FINRA and NSX 

staff are working to ensure that members 

reporting trades to the FINRA/NSX TRF 

are transitioned to another FINRA 

facility. Notwithstanding the closing of 

the FINRA/NSX TRF, FINRA is able to 

fulfill all of its regulatory obligations 

with respect to over-the-counter trade 

reporting through its other facilities, i.e., 

the Alternative Display Facility, the 

FINRA/Nasdaq Trade Reporting Facility 

and the FINRA/NYSE Trade Reporting 

Facility (the ‘‘FINRA/NYSE TRF’’). 

Accordingly, FINRA is proposing to 

delete the FINRA Rule 6300B and 7200B 

Series relating to trade reporting to the 

FINRA/NSX TRF and the FINRA Rule 

7600B Series relating to fees and credits 

for use of the FINRA/NSX TRF from the 

Consolidated FINRA Rulebook.8 FINRA 

also is proposing to delete the LLC 

Agreement from its manual. The 

proposed rule change will ensure that 

FINRA rules accurately reflect only the 

FINRA facilities that are available to 

members for trade reporting. 

In addition, to eliminate gaps in the 

numbering of the Consolidated FINRA 

Rulebook, FINRA is proposing to 

renumber the FINRA Rule 6200C, 7300C 

and 7600C Series relating to the FINRA/ 

NYSE TRF as the Rule 6200B, 7300B 

and 7600B Series. FINRA is proposing 

no substantive changes to those rules.9

FINRA has filed the proposed rule 

change for immediate effectiveness and 

requested a waiver of the 30-day 

operative delay so that the proposed 

rule change will be operative on January 

1, 2009. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

of Section 15A(b)(6) of the Act,10 which 

requires, among other things, that 

FINRA rules 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 by deleting rules 

upon the closing of the FINRA/NSX 

TRF, the proposed rule change will 

prevent potential member confusion 

and trade reporting errors and 

violations. 

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 

FINRA has filed the proposed rule 

change pursuant to Section 19(b)(3)(A) 

of the Act 11 and subparagraph (f)(6) of 

Rule 19b–4 thereunder.12 Because 

FINRA has designated the foregoing 

proposed rule change as one that: (1) 

Does not significantly affect the 

protection of investors or the public 

interest; (2) does not impose any 

significant burden on competition; and 

(3) does not become operative for 30 

days from the date of filing, or such 

shorter time as the Commission may 

designate if consistent with the 

protection of investors and the public 

interest, the proposed rule change has 

become effective pursuant to Section 

19(b)(3)(A) of the Act and Rule 19b– 

4(f)(6) thereunder.13

A proposed rule change filed under 

Rule 19b–4(f)(6) normally does not 

become operative prior to 30 days after 

the date of filing. However, Rule 19b– 

4(f)(6)(iii) permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. FINRA 

has asked the Commission to waive the 

30-day operative delay to expedite the 

deletion of rules that apply to the 

FINRA/NSX TRF, a FINRA facility that 

will cease operations on December 31, 

2008. FINRA believes that the deletion 

of the rule will prevent potential 

member confusion, and trade reporting 

errors and violations. 

The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposal will delete rules 

that apply to the FINRA/NSX TRF, a 

FINRA facility that will cease operations 


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842 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 

14For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

15 17 CFR 200.30–3(a)(12). 

1 15 U.S.C.78s(b)(1). 

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

on December 31, 2008.14 Accordingly, 

the Commission believes that the 

proposal will ensure that FINRA’s rules 

accurately reflect the FINRA trade 

reporting facilities that will be in 

operation currently and available to 

accept trade reports. For these reasons, 

the Commission designates the proposal 

to be operative on filing with the 

Commission. 

At any time within 60 days of the 

filing of such proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–FINRA–2008–066 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–2008–066. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://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 inspection and copying in 

the Commission’s Public Reference 

Room, 100 F Street, NE., Washington, 

DC 20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

Copies of the filing will also be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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– 

2008–066 and should be submitted on 

or before January 29, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E9–82 Filed 1–7–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59183; File No. SR–FINRA– 

2008–68] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Extend the Pilot 

Regarding the Use of Multiple MPIDs 

on the Trade Reporting Facilities and 

the Alternative Display Facility 

December 30, 2008. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that, on December 

29, 2008, Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) (f/k/a 

National Association of Securities 

Dealers, Inc. (‘‘NASD’’)) filed with the 

Securities and Exchange Commission 

(the ‘‘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 extend through 

January 29, 2010, the current rules 

regarding the use of multiple Market 

Participant Symbols (‘‘MPIDs’’) in 

FINRA Rules 6160 (with respect to 

Trade Reporting Facilities (‘‘TRFs’’)) 

and 6170 (with respect to the 

Alternative Display Facility (‘‘ADF’’)). 

The text of the proposed rule change 

is available at FINRA’s Web site at 

http://www.finra.org, at the principal 

offices 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 those 

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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

(a) FINRA Rule 6160 

Rule 6160 (Multiple MPIDs for Trade 

Reporting Facility Participants) provides 

that any Trade Reporting Facility 

Participant that wishes to use more than 

one MPID for purposes of reporting 

trades to a TRF must submit a written 

request to, and obtain approval from, 

FINRA Operations for such additional 

MPIDs. In addition, Supplementary 

Material to the rule states that FINRA 

considers the issuance of, and trade 

reporting with, multiple MPIDs to be a 

privilege and not a right. A Trade 

Reporting Facility Participant must 

identify the purpose(s) and system(s) for 

which the multiple MPIDs will be used. 

If FINRA determines that the use of 

multiple MPIDs is detrimental to the 

marketplace, or that a Trade Reporting 

Facility Participant is using one or more 

additional MPIDs improperly or for 

other than the purpose(s) identified by 

the Participant, FINRA staff retains full 

discretion to limit or withdraw its grant 

of the additional MPID(s) to such Trade 


erowe on PROD1PC63 with NOTICES