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 


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Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 843 

4See Securities Exchange Act Release No. 54715 

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

2006); see also Securities Exchange Act Release No. 

54715A (November 14, 2006), 71 FR 67183 

(November 20, 2006) (correcting original approval 

order). 

5See Securities Exchange Act Release No. 55206 

(January 31, 2007), 72 FR 5479 (February 6, 2007) 

and Securities Exchange Act Release No. 57217 

(January 28, 2008), 73 FR 6234 (February 1, 2008), 

respectively. 

6See Securities Exchange Act Release No. 54307 

(August 11, 2006), 71 FR 47551 (August 17, 2006). 

7The expiration of the pilot period coincided 

with the expiration of the ADF pilot period. See 

Securities Exchange Act Release No. 53699 (April 

21, 2006), 71 FR 25271 (April 28, 2006). On January 

26, 2007, the Commission approved a proposed rule 

change to make the ADF rules permanent. See 

Securities Exchange Act Release No. 55181 (January 

26, 2007), 72 FR 5093 (February 2, 2007). 

8See Securities Exchange Act Release No. 55206 

(January 31, 2007), 72 FR 5479 (February 6, 2007) 

and Securities Exchange Act Release No. 57217 

(January 28, 2008), 73 FR 6234 (February 1, 2008), 

respectively. 

9 15 U.S.C. 78o–3(b)(6). 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change, along with a brief 

description and text of the proposed rule change, 

at least five business days prior to the date of filing. 

FINRA complied with this requirement. 

Reporting Facility Participant for 

purposes of reporting trades to a TRF. 

FINRA believes that Rule 6160 is 

necessary to consolidate the process of 

issuing, and tracking the use of, 

multiple MPIDs used to report trades to 

TRFs. 

The Commission initially approved 

Rule 6160 (formerly NASD Rule 5140 

and IM–5140) on a pilot basis on 

November 6, 2006.4 By its terms, the 

pilot period expired on January 26, 

2007. In 2007 and 2008, the pilot period 

was extended for additional one-year 

periods until January 25, 2008 and 

January 30, 2009, respectively.5 FINRA 

believes that an additional one-year 

extension until January 29, 2010, is 

necessary to provide additional time to 

analyze the use of multiple MPIDs on 

the TRFs. FINRA is not proposing any 

other changes to the pilot as this time. 

(b) FINRA Rule 6170 

Rule 6170 (Primary and Additional 

MPIDs for Alternative Display Facility 

Participants) provides that a Registered 

Reporting ADF ECN may request 

additional MPIDs for displaying quotes 

and orders and reporting trades through 

the ADF trade reporting facility, TRACS, 

for any ADF-Eligible Security. 

Registered Reporting ADF ECNs that are 

permitted the use of additional MPIDs 

for displaying quotes and orders are 

subject to the same rules applicable to 

the member’s first quotation (i.e., ECNs 

that display one or more additional 

quotes/orders are required to comply 

with all rules applicable to ECNs in 

their display of quotes/orders). 

Registered Reporting ADF ECNs also are 

prohibited from using an additional 

MPID to accomplish indirectly what 

they are prohibited from doing directly 

through their Primary MPID. In 

addition, FINRA staff retains full 

discretion to determine whether a bona 

fide regulatory and/or business need 

exists for being granted an additional 

MPID privilege and to limit or withdraw 

the additional MPID display privilege at 

any time. The procedures for requesting, 

and the restrictions surrounding the use 

of, multiple MPIDs are set forth in 

Supplementary Material to the rule. 

Rule 6170 (formerly NASD Rule 

4613A(b) and IM–4613A–1) was 

adopted on a pilot basis on August 11, 

2006.6 By its terms, the initial pilot 

period expired on January 26, 2007.7 In 

2007 and 2008, the pilot period was 

extended for additional one-year 

periods until January 25, 2008 and 

January 30, 2009, respectively.8 FINRA 

believes that an additional one-year 

extension until January 29, 2010, is 

necessary to provide additional time to 

analyze the use of multiple MPIDs on 

the ADF. FINRA is not proposing any 

other changes to the pilot as this time. 

FINRA has filed the proposed rule 

change for immediate effectiveness. The 

implementation date of the proposed 

rule change will be January 30, 2009. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

of Section 15A(b)(6) of the Act,9 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 the 

proposed rule change is consistent with 

these requirements because it will 

provide a process by which ECNs (in the 

case of the ADF) and Trade Reporting 

Facility Participants (in the case of 

TRFs) can request, and FINRA can 

properly allocate, the use of additional 

MPIDs for displaying quotes and orders 

through the ADF or reporting trades to 

a TRF. 

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 10 and Rule 19b– 

4(f)(6) thereunder.11

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

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

rules/sro.shtml); or 

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

Number SR–FINRA–2008–68 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–2008–68. 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 


erowe on PROD1PC63 with NOTICES
844 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 

12 17 CFR 200.30–3(a)(12). 

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– 

2008–68 and should be submitted on or 

before January 29, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E9–83 Filed 1–7–09; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Request and 

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 (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes a revision to an OMB-approved 

information collection. 

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 the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, e-mail, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and the SSA Reports Clearance Officer 

to the addresses or fax numbers listed 

below. 

(OMB) Office of Management and 

Budget, Attn: Desk Officer for SSA, 

Fax: 202–395–6974, e-mail address: 

OIRA_Submission@omb.eop.gov. 

(SSA) Social Security Administration, 

DCBFM, Attn: Reports Clearance 

Officer, 1332 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: 410–965–6400, e-mail address: 

OPLM.RCO@ssa.gov. 

I. The information collection below is 

pending at SSA. SSA will submit it to 

OMB within 60 days from the date of 

this notice. Therefore, your comments 

would be most helpful if you submit 

them to SSA within 60 days from the 

date of this publication. Individuals can 

obtain copies of the collection 

instrument by calling the SSA Reports 

Clearance Officer at 410–965–3758 or by 

writing to the e-mail address listed 

above. 

Administrative Review Process for 

Adjudicating Initial Disability Claims— 

20 CFR 404.961, 405.330, 405.366, 

404.950, 405.332, 404.949, 405.334, 

404.957(a), 405.380(a), 405.381, 

405.382, 405.425(b), 404.982, 405.505, 

404.987, 405.601(b), 404.988 and 

405.601(b)—0960–0710. SSA collects 

information to establish (1) The 

claimant’s right to administrative 

review, (2) the severity of the claimant’s 

alleged impairments, and (3) the State 

Disability Determination Services 

(DDSs) performance level. SSA uses the 

information collected by these 

regulations to determine entitlement 

and/or eligibility to disability insurance 

benefits and/or Supplemental Security 

Income (SSI) and to permit appeals of 

these determinations. The respondents 

are applicants for Title II disability 

insurance benefits and/or SSI payments. 

Type of Request: Revision of an OMBapproved information collection. 

Section No. Number of 

respondents 

Frequency of 

response 

Average 

burden per 

response 

Estimated 

annual burden 

(hours) 

404.961 .............................................................................................................. 11,725 1 20 minutes .. 3,908 

405.330 .............................................................................................................. 396 1 20 minutes .. 132 

405.366 .............................................................................................................. 99 1 20 minutes .. 33 

404.950(d) .......................................................................................................... 1,040 1 20 minutes .. 347 

404.949 .............................................................................................................. 2,868 1 1 hour .......... 2,868 

405.334 .............................................................................................................. 20 1 1 hour .......... 20 

404.957(a) .......................................................................................................... 20,395 1 10 minutes .. 3,399 

405.380(a) .......................................................................................................... 646 1 10 minutes .. 108 

405.381 and 405.382 ......................................................................................... 37 1 30 minutes .. 19

405.425(b) .......................................................................................................... 200 1 1 hour .......... 200 

404.982 .............................................................................................................. 1,317 1 30 minutes .. 659 

404.987 and 404.988 ......................................................................................... 10,610 1 30 minutes .. 5,305 

405.601(b) .......................................................................................................... 52 1 30 minutes .. 26 

Totals .......................................................................................................... 49,405 ........................ ..................... 17,024 

II. SSA has submitted the information 

collections listed below to OMB for 

clearance. Your comments on the 

information collections would be most 

useful if received by OMB and SSA 

within 30 days from the date of this 

publication. You can obtain a copy of 

the OMB clearance packages by calling 

the SSA Reports Clearance Officer at 

410–965–3758, or by writing to the 

above listed address. 

Modified Benefit Formula 

Questionnaire—Foreign Pension—0960– 

0561. SSA uses the information 

collected on Form SSA–308 to 

determine exactly how much (if any) of 

a foreign pension may be used to reduce 


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