Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 23455 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 57020 

(December 20, 2007), 72 FR 73930 (‘‘Notice’’). 

4See letter from Securities Industry and Financial 

Markets Association, dated January 24, 2008 

(‘‘SIFMA Letter’’); letter from Citigroup Global 

Markets, Inc., dated February 1, 2008 (‘‘Citi Letter’’); 

and letter from Financial Information Forum, dated 

February 29, 2008 (‘‘FIF Letter’’). 

5 In Amendment No. 2, FINRA: (1) Addressed the 

comments received in response to the publication 

of the Notice and proposed certain minor 

modifications and clarifications in response to the 

comments; (2) reflected changes to the underlying 

rule text adopted pursuant to two intervening rule 

changes and made conforming modifications to the 

proposed rule change. This Amendment is a 

technical amendment and therefore not subject to 

notice and comment. 

6Non-tape reports can be (1) ‘‘non-tape, nonclearing,’’ i.e., the transaction is not reported to the 

tape but is submitted to FINRA for regulatory (not 

clearing) purposes, or (2) ‘‘clearing-only,’’ i.e., the 

transaction is not reported to the tape and is 

submitted to FINRA for clearing (and perhaps also 

regulatory) purposes. 

7For purposes of over-the-counter trade reporting 

requirements applicable to equity securities, a 

‘‘riskless principal’’ transaction is a transaction in 

which a member, after having received an order to 

buy (sell) a security, purchases (sells) the security 

as principal (the initial leg) and satisfies the original 

order by selling (buying) as principal at the same 

price (the offsetting, ‘‘riskless’’ leg). See FINRA 

Regulatory Notice 07–38 (August 2007). 

8The original filing contained different Rule 

numbers, which were revised in Amendment No. 2 

to account for intervening rule filings. See supra 

note 5. 

9See Amendment No. 2. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the Presidential disaster declaration 

for the State of Florida, dated 04/28/ 

2009 is hereby amended to include the 

following areas as adversely affected by 

the disaster: 

Primary Counties: (Physical Damage 

and Economic Injury Loans): Leon, 

Levy, Wakulla 

Contiguous Counties: (Economic Injury 

Loans Only): 

Florida: Citrus, Marion 

Georgia: Grady, Thomas 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–11603 Filed 5–18–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Surrender of License of Small 

Business Investment Company 

Pursuant to the authority granted to 

the United States Small Business 

Administration under the Small 

Business Investment Act of 1958, under 

Section 309 of the Act and Section 

107.1900 of the Small Business 

Administration Rules and Regulations 

(13 CFR 107.1900) to function as a small 

business investment company under the 

Small Business Investment Company 

License No. 09/79–0404 issued to Bay 

Partners SBIC, L.P., and said license is 

hereby declared null and void as of May 

1, 2009. 

United States Small Business 

Administration. 

Harry E. Haskins, 

Acting Associate Administrator for 

Investment. 

[FR Doc. E9–11565 Filed 5–18–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59905; File No. SR–FINRA– 

2007–012] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Order Approving 

Proposed Rule Change, as Modified by 

Amendment Nos. 1 and 2 Thereto To 

Amend Trade Reporting Rules To 

Require a Related Market Center 

Indicator on Certain Non-Tape Reports 

Submitted to FINRA 

May 12, 2009. 

I. Introduction 

On September 12, 2007, the Financial 

Industry Regulatory Authority, Inc. 

(‘‘FINRA’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’), 

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

Securities Exchange Act of 1934 

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

proposed rule change to amend its trade 

reporting rules to require members to 

record a related market center indicator 

on certain non-tape reports submitted to 

FINRA. On December 18, 2007, FINRA 

filed Amendment No. 1 to the proposed 

rule change. The proposed rule change, 

as modified by Amendment No. 1, was 

published for comment in the Federal 

Register on December 28, 2007.3 The 

Commission received three comments 

on the proposal.4 FINRA filed 

Amendment No. 2 on March 27, 2009.5

This order approves to the proposed 

rule change, as modified by Amendment 

Nos. 1 and 2. 

II. Description of the Proposal 

As discussed more fully in the Notice, 

certain transactions can be reported in 

related tape (i.e., the transaction is 

reported to the tape for publication) and 

non-tape reports.6

Thus, agency transactions where one 

member acts as agent on behalf of 

another member can be reported in 

related tape and non-tape reports. 

Similarly, a riskless principal 

transaction,7 which is a functional 

equivalent of an agency trade, can be 

submitted to FINRA as a single trade 

report properly marked as riskless 

principal, or as two separate reports: (1) 

A tape report to reflect the initial leg of 

the transaction and (2) a non-tape report 

to reflect the offsetting, ‘‘riskless’’ leg of 

the transaction. Currently, a non-tape 

report does not provide specific 

information pertaining to the related 

tape report. 

FINRA proposed to amend FINRA 

Rules 7130 (relating to the ADF/ 

TRACS), 7230A (relating to the FINRA/ 

NASDAQ TRF), 7230B (relating to the 

FINRA/NYSE TRF), and 7330 (relating 

to OTC RF) 8 to require members for any 

non-tape report (either a non-tape, nonclearing report or a clearing-only report) 

submitted to a FINRA Facility 

associated with a previously executed 

trade that was not reported to that same 

FINRA Facility, to identify the facility 

or market to which the associated trade 

was reported. The proposed rule change 

also requires that members retain and 

produce to FINRA, upon request, 

documentation relating to the associated 

trade (e.g., a confirmation from the 

exchange identifying the ‘‘street side’’ of 

a riskless principal transaction). 

FINRA also proposed that where a 

single non-tape report is related to 

multiple tape reports: (1) If the multiple 

tape reports were made to a single 

exchange or, in the case of over-thecounter trades, a single FINRA Facility, 

that exchange or facility must be 

properly reflected on the single nontape report; and (2) if the multiple tape 

reports were made to different 

exchanges and/or FINRA Facilities, the 

member will not be required to identify 

the specific exchanges or facilities; it 

will be required to populate the Related 

Market Center field with a standard 

indicator: ‘‘multiple venues.’’ 9 In 

mstockstill on PROD1PC66 with NOTICES