Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 22621 

8 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). 

4See Securities Exchange Act Release No. 59189 

(December 31, 2008), 74 FR 731 (January 7, 2009) 

(Order Approving File No. SR–FINRA–2007–021). 

5See Securities Exchange Act Release No. 59358 

(February 4, 2009); 74 FR 6928 (February 11, 2009) 

(Order Approving File No. SR–FINRA–2008–051). 

6Most rules of the Customer and Industry Codes 

are identical, except for panel composition, 

references to document production lists that apply 

only in customer cases, and rules relating to 

employment discrimination and injunctive relief 

that apply only to industry claims. Wherever 

possible, the last three digits of the rule numbers 

in the Customer and Industry Codes are the same. 

Thus, the explanations in this filing for the 

proposed amendments in the Customer Code also 

apply to the proposed amendments in the Industry 

Code. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11164 Filed 5–12–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59872; File No. SR–FINRA– 

2009–026] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change to Implement NonSubstantive Changes to the Code of 

Arbitration Procedure for Customer 

Disputes and the Code of Arbitration 

Procedure for Industry Disputes 

May 6, 2009. 

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 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’’) 

on April 17, 2009, 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 Substance of 

the Proposed Rule Change 

FINRA is proposing to amend the 

Code of Arbitration Procedure for 

Customer Disputes (‘‘Customer Code’’) 

and the Code of Arbitration Procedure 

for Industry Disputes (‘‘Industry Code’’) 

to correct typographical errors and 

implement other non-substantive 

technical changes. The text of the 

proposed rule change is available on 

FINRA’s Web site at http:// 

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 is proposing several technical 

amendments to the Customer and 

Industry Codes that would correct 

typographical errors and implement 

other non-substantive changes. FINRA 

will discuss the proposed changes as 

they appear in the Codes, beginning 

with the proposed amendments to the 

Customer Code. 

Proposed Technical Amendments to the 

Customer Code 

Rule 12504—Motions to Dismiss 

On December 31, 2008, the 

Commission approved new Rules 12504 

and 13504 and amendments to Rules 

12206 and 13206, which establish 

procedures that govern motions to 

dismiss.4 FINRA is proposing to amend 

Rule 12504(b) to make a conforming 

change to the reference to 

‘‘subparagraph (a)’’ in the rule. In other 

rules of the Code, FINRA refers to 

lettered provisions by ‘‘paragraph,’’ not 

‘‘subparagraph.’’ Thus, for consistency 

in the Codes, FINRA is proposing to 

change the reference in Rule 12504(b) to 

‘‘paragraph (a).’’ 

Rule 12514—Pre-Hearing Exchange of 

Documents and Witness Lists Before 

Hearing 

FINRA is proposing to conform the 

spelling of the term ‘‘pre-hearing’’ in the 

title of Rule 12514 to other instances in 

the Codes where it is spelled without 

the hyphen. Thus, the term ‘‘prehearing’’ would be changed to 

‘‘prehearing.’’ 

Rule 12904(g)—Explained Decisions 

On February 4, 2009, the SEC 

approved a proposal to amend Rule 

12904 of the Customer Code and Rule 

13904 of the Industry Code to require 

arbitrators to provide an explained 

decision upon the joint request of the 

parties.5 FINRA is proposing to correct 

a typographical error in Rule 

12904(g)(2). The relevant sentence of the 

rule states that ‘‘an explained decision 

is a fact-based award stating the general 

reasons(s) for the arbitrators’ decision.’’ 

The word ‘‘reasons(s)’’ should be 

changed to ‘‘reason(s).’’ 

FINRA is also proposing to correct a 

typographical error in Rule 12904(g)(6). 

The paragraph states that ‘‘this 

paragraph (g) will not apply to 

simplified cases decided without a 

hearing under Rules 12800 or to default 

cases conducted under Rule 12801.’’ 

The phrase ‘‘Rules 12800’’ should be 

changed to ‘‘Rule 12800.’’ Further, 

FINRA is proposing to change the term 

‘‘pre-hearing’’ in Rule 12904(g)(3) to 

‘‘prehearing’’ to conform the spelling 

with other instances in the Codes. 

Proposed Technical Amendments to the 

Industry Code 6

Rule 13504—Motions To Dismiss 

For an explanation of the proposed 

amendment, see the relevant section 

under ‘‘Proposed Technical 

Amendments to the Customer Code’’ 

above. 

Rule 13514—Pre-Hearing Exchange of 

Documents and Witness Lists Before 

Hearing 

For an explanation of the proposed 

amendment, see the relevant section 

under ‘‘Proposed Technical 

Amendments to the Customer Code’’ 

above. 

Rule 13904(g)—Explained Decisions 

For an explanation of the proposed 

amendment, see the relevant section 

under ‘‘Proposed Technical 

Amendments to the Customer Code’’ 

above. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

22622 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 

7 15 U.S.C. 78o–3(b)(6). 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). 

10 Id. 

11 17 CFR 240.19b–4(f)(6)(iii). 

12For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule change’s impact on efficiency, 

competition, and capital formation. 15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12). 

of Section 15A(b)(6) of the Act,7 which 

requires, among other things, that the 

Association’s 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 will assist in the 

efficient administration of arbitrations 

by correcting typographical errors in its 

rules and ensuring consistent spelling of 

terms throughout the Codes. FINRA 

believes these technical, nonsubstantive amendments will enhance 

the Codes by making them easier to 

understand and apply. 

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, as amended. 

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 by FINRA. 

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 8 and Rule 19b– 

4(f)(6) thereunder.9 A proposed rule 

change filed under Rule 19b–4(f)(6) 10

normally does not become operative 

prior to 30 days after the date of the 

filing. However, pursuant to Rule19b– 

4(f)(6)(iii),11 the Commission may 

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 so that the 

proposal may become operative 

immediately upon filing. Such waiver 

would permit FINRA to implement 

these changes without delay, making the 

Codes easier to understand and apply. 

The Commission believes it is 

consistent with the protection of 

investors and the public interest to 

waive the 30-day operative delay for 

this reason, and hereby grants such 

waiver.12

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–2009–026 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–FINRA–2009–026. 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 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 

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 the File 

Number SR–FINRA–2009–026 and 

should be submitted on or before June 

3, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11120 Filed 5–12–09; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2009–0033] 

Occupational Information Development 

Advisory Panel Meeting 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of upcoming quarterly 

panel meeting. 

DATES: June 10, 2009, 8:30 a.m.–5 p.m. 

(CDT); and June 11, 2009, 8:30 a.m.–12 

p.m. (CDT). 

Location: Hyatt Regency McCormick 

Place. 

ADDRESSES: 2233 South Martin L. King 

Drive, Chicago, IL 60616. 

SUPPLEMENTARY INFORMATION: 

Type of meeting: The meeting is open 

to the public. 

Purpose: This discretionary Panel, 

established under the Federal Advisory 

Committee Act of 1972, as amended, 

shall report to the Commissioner of 

Social Security. The Panel will provide 

independent advice and 

recommendations on plans and 

activities to replace the Dictionary of 

Occupational Titles used in the Social 

Security Administration’s (SSA) 

disability determination process. The 

Panel will advise the Agency on 

creating an occupational information 

system tailored specifically for SSA’s 

disability programs and adjudicative 

needs. Advice and recommendations 

will relate to SSA’s disability programs 

in the following areas: Medical and 

vocational analysis of disability claims; 

occupational analysis, including 

definitions, ratings and capture of 

physical and mental/cognitive demands 

of work and other occupational 

information critical to SSA disability 

programs; data collection; use of