Sunteți pe pagina 1din 4

2202 Federal Register / Vol. 70, No.

8 / Wednesday, January 12, 2005 / Notices

assessment through a formal appeal Commission finds that FICC’s proposed (‘‘Act’’),1 and Rule 19b–4 thereunder,2
process. FICC believes that, consistent rule change is consistent with this notice is hereby given that on December
with the practice of the GSD, the fine requirement because it is designed to 28, 2004, the National Association of
process will be more effective and perfect the mechanism of a national Securities Dealers, Inc. (‘‘NASD’’), filed
equitable and will provide participants system for the prompt and accurate with the Securities and Exchange
with additional due process if an initial clearance and settlement of securities Commission (‘‘Commission’’ or ‘‘SEC’’)
less formal dispute process is also transactions by (i) encouraging the proposed rule change as described
included in MBSD’s rules. The initial participants to make timely payments of in items I and II below, which items
dispute process will be utilized by cash obligation items and margin to have been prepared by NASD. The
participants prior to availing themselves MBSD and (ii) clearly setting forth in NASD has filed the proposal as a ‘‘non-
of the formal appeal process. A MBSD’s rules the informal procedures controversial’’ rule change pursuant to
participant that becomes subject to a for disputing fines which should
fine will have the opportunity within section 19(b)(3)(A)(iii) of the Act,3 and
provide members with a more efficient
seven calendar days to dispute the fine Rule 19b–4(f)(6) thereunder,4 which
and less burdensome method for the
by explaining in writing any mitigating renders the proposal effective upon
possible resolution of disputed fines
circumstances that contributed to the before a full hearing takes place. filing with the Commission. The
participant’s infraction and to request a Commission is publishing this notice to
fine waiver. Based on such written IV. Conclusion solicit comments on the proposed rule
documentation provided by the On the basis of the foregoing, the change from interested persons.
participant, management will have the Commission finds that the proposed I. Self-Regulatory Organization’s
discretion to waive a fine if it believes rule change is consistent with the Statement of the Terms of Substance of
that sufficient mitigating circumstances requirements of the Act and in
have been shown by the participant. If the Proposed Rule Change
particular section 17A of the Act and
management waives a fine, it will have the rules and regulations thereunder. NASD is proposing to amend Rule
to inform the Membership and Risk It is therefore ordered, pursuant to 7010(k) to terminate the Bond Trade
Management Committee (‘‘Committee’’) section 19(b)(2) of the Act, that the Dissemination Service (‘‘BTDS’’)
at the next regularly scheduled proposed rule change (File No. SR– Professional Delayed-Time Data Display
Committee meeting and will have to FICC–2004–06) be and hereby is Fee pilot program and the BTDS Non-
explain its reasons for doing so. The approved.
Committee will then have the Professional Real-Time Data Display fee,
For the Commission by the Division of relating to Trade Reporting and
opportunity to overrule management’s Market Regulation, pursuant to delegated
action with respect to the waiver. If Compliance Engine (‘‘TRACE’’)
authority.5 transaction data fees, and to amend the
management chooses to not waive a fine J. Lynn Taylor,
or if its waiver is overruled by the implementation date of certain
Assistant Secretary. amendments to NASD Rule 6250,
Committee, the participant will have the
right to pursue the formal hearing [FR Doc. E5–68 Filed 1–11–05; 8:45 am] relating to TRACE transaction data
process currently provided for in the BILLING CODE 8010–01–P dissemination and approved by the SEC
MBSD’s Rules. in SR–NASD–2004–094 (designated as
FICC will also make parallel changes ‘‘Stage Two’’ of the implementation of
with respect to the fine dispute process SECURITIES AND EXCHANGE SR–NASD–2004–094) from February 1,
to the MBSD’s EPN rules. COMMISSION
2005 to February 7, 2005. Below is the
In addition, FICC proposed certain [Release No. 34–50977; File No. SR–NASD– text of the proposed rule change.
technical changes to the MBSD’s 2004–189] Proposed new language is in italics;
Schedules of Charges to (i) delete proposed deletions are in brackets.
references to ‘‘MBSCC’’ and replace Self-Regulatory Organizations;
them with references to ‘‘MBSD’’ and National Association of Securities * * * * *
(ii) eliminate obsolete fees which are no Dealers, Inc.; Notice of Filing and 7010. System Services
longer being charged by the MBSD. Immediate Effectiveness of Proposed
Rule Change Relating to Trade (a) through (j) No change.
III. Discussion
Reporting and Compliance Engine (k) Trade Reporting and Compliance
Section 17A(b)(3)(F) of the Act (‘‘TRACE’’) Fees and Implementation
requires that the rules of a clearing Engine
Date of Stage Two of Dissemination of
agency be designed to remove TRACE Transaction Information The following charges shall be paid
impediments to the perfection of a by participants for the use of the Trade
national system for the prompt and January 6, 2005. Reporting and Compliance Engine
accurate clearance and settlement of Pursuant to section 19(b)(1) of the (‘‘TRACE’’):
securities transactions.4 The Securities Exchange Act of 1934

System fees Transaction reporting fees Market data fees

Level I Trade Report Only Web Browser Ac- Trades up to and including $200,000 par BTDS Professional Real-Time Data Display—
cess—$20/month per user ID Level II Full value—$0.475/trade; Trades between $60/month per terminal, except
Service Web Browser Access—$80/month $201,000 and $999,999 par value—
per user ID. $0.002375 times the number of bonds trad-
ed/trade; Trades of $1,000,000 par value or
more—$2.375/trade.

4 15 U.S.C. 78q–1(b)(3)(F). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(iii).


5 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6).

VerDate jul<14>2003 17:37 Jan 11, 2005 Jkt 205001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices 2203

System fees Transaction reporting fees Market data fees

CTCI/Third Party—$25/month/per firm .............. Cancel/Correct—$1.50/trade ............................ [BTDS Professional Delayed-Time Data Dis-
play—$15/month per terminal].
‘‘As of’’ Trade Late—$3/trade .......................... BTDS Internal Usage Authorization—$500/
month per application/service for Real-Time
and Delayed Time Data.
BTDS External Usage Authorization—$1,000/
month per application/service for Real-Time
and Delayed-Time Data.
BTDS Non-Professional Real-Time Data Dis-
play—No charge [$1/month per terminal].

(1) through (2) No change. proposed rule change and discussed any Fee and service because the demand for
comments it received on the proposed the service was limited.
(3) Market Data Fees
rule change. The text of these statements
Professionals and non-professionals b. BTDS Non-Professional Real-Time
may be examined at the places specified
may subscribe to receive Real-Time and Data Display Fee
in item IV below. NASD has prepared
Delayed-Time TRACE data summaries, set forth in sections A, B, NASD currently charges a minimal fee
disseminated by NASD in one or more and C below, of the most significant of $1.00 per month/per terminal for its
of the following ways for the charges aspects of such statements. BTDS Non-Professional Real-Time Data
specified, as applicable. Members, Display service, which allows non-
vendors and other redistributors shall be A. Self-Regulatory Organization’s professionals to view TRACE data on a
required to execute appropriate Statement of the Purpose of, and real-time basis.6 NASD is proposing to
agreements with NASD. Statutory Basis for, the Proposed Rule eliminate the $1.00 BTDS Non-
Change Professional Real-Time Data Display Fee
(A) Professional Fees
1. Purpose for individual investors who are users of
Professionals may subscribe for the this real-time TRACE market data.
following: NASD is proposing to amend Rule Wider distribution of TRACE data is
(i) No change. 7010(k) to terminate the BTDS a cornerstone of a broader effort to better
(ii) Reserved. [For a pilot period Professional Delayed-Time Data Display educate individual investors about the
commencing February 1, 2004, and Fee pilot program and the BTDS Non- corporate bond market. NASD proposes
lasting through July 31, 2005, BTDS Professional Real-Time Data Display fee. to eliminate the fee to remove any
Professional Delayed-Time Data Display Both fees are for TRACE transaction financial barriers to the broad-based
Fee of $15 per month, per terminal information. In addition, NASD is distribution of TRACE data and
charge for each interrogation or display proposing to change the implementation encourage Web sites and other media
device receiving Delayed-Time TRACE date of Stage Two of SR–NASD–2004– outlets to widely redistribute real-time
transaction data; provided, that 094. Implementation of Stage Two will data to individual investors.
subscribers to the BTDS Professional make operative certain amendments to
Real-Time Data Display Fee described NASD Rule 6250 that provide for the Implementation Date of Stage Two of
above shall not be charged this delayed dissemination of information SR–NASD–2004–094
additional fee. Subject to the execution on designated transactions in TRACE- NASD proposes to amend the
of appropriate agreements with NASD, eligible securities. implementation date of Stage Two of
certain summary market information of SR–NASD–2004–094. Stage Two
Delayed-Time TRACE transaction data TRACE Fees requires the implementation of certain
may be published or distributed by a. BTDS Professional Delayed-Time Data amendments to NASD Rule 6250 that
newspapers, press associations, Display Fee Pilot Program provide for the delayed dissemination of
newsletters, or similar media sources NASD currently has in place a pilot information on designated transactions
without charge.] in TRACE-eligible securities.7
program that charges for TRACE
(iii) through (iv) No change. NASD proposes to change the
transaction information provided to
implementation date of Stage Two from
(B) Non-Professional Fees professionals on a delayed basis. The February 1, 2005, to February 7, 2005.
[The charge to be] There shall be no charge for this pilot program is the Specifically, NASD will implement on
charge paid by a non-professional for BTDS Professional Delayed-Time Data February 7, 2005: (1) Rule 6250(a)(1)
[each terminal] receiving all or any Display Fee of $15 per month and is and (2); (2) the portion of Rule
portion of Real-Time TRACE transaction imposed per terminal for each
data disseminated through TRACE. interrogation or display device receiving 6 A ‘‘non-professional’’ is defined in Rule

[shall be $1.00 per month, per terminal.] the delayed data. The pilot program 7010(k)(3)(C)(ii) and is limited by definition to
(C) through (D) No change. commenced on February 1, 2004.5 natural persons. In addition, generally the term
NASD has recently begun a excludes any principal, partner, employee, or other
(l) through (u) No change. person acting in any capacity in the financial
* * * * * comprehensive review of TRACE fees. services industry, and any person engaged in or
As part of this review, NASD has intending to engage in any redistribution of TRACE
II. Self-Regulatory Organization’s determined to terminate the BTDS data.
7 SR–NASD–2004–094 was approved for
Statement of the Purpose of, and Professional Delayed-Time Data Display
implementation in two stages. The implementation
Statutory Basis for, the Proposed Rule date of Stage One was October 1, 2004. See
Change 5 The pilot program was recently extended to July
Securities Exchange Act Release No. 50317
31, 2005. See Securities Exchange Act Release No. (September 3, 2004), 69 FR 55202 (September 13,
In its filing with the Commission, 50627 (November 3, 2004); 69 FR 65005 (November 2004) (File No. SR–NASD–2004–094) (‘‘SEC
NASD included statements concerning 9, 2004) (File No. SR–NASD–2004–163, filed for Approval Order’’). See also NASD Notice to
the purpose of and basis for the immediate effectiveness on October 26, 2004). Members 04–65 (September 2004).

VerDate jul<14>2003 17:37 Jan 11, 2005 Jkt 205001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1
2204 Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices

6250(b)(1)(C)(i) not effective as of among subscribers of TRACE data that or otherwise in furtherance of the
October 1, 2004; 8 and (3) Rule desire timely data for commercial use or purposes of the Act.13
6250(b)(2). Changing the benefit and will not adversely affect the
implementation date will allow NASD use and distribution of TRACE data, IV. Solicitation of Comments
to implement Stage Two on a Monday, which provides information on TRACE- Interested persons are invited to
rather than a Tuesday, which will eligible securities, protecting investors submit written data, views, and
reduce operational implementation in the market and furthering the public arguments concerning the foregoing,
issues. interest. In addition, NASD believes that including whether the proposed rule
The implementation date for Stage the elimination of the BTDS Non-
Two of SR–NASD–2004–094 will be change is consistent with the Act.
Professional Real-Time Data Display Fee Comments may be submitted by any of
February 7, 2005. NASD will announce will promote the widespread
all implementation dates of the the following methods:
distribution of transaction information
proposed rule change in Notices to about corporate bonds to the public and Electronic Comments
Members to be published no later than provide the public with additional
30 days following Commission notice of information about investments in debt • Use the Commission’s Internet
filing of the rule change for immediate securities, which is in furtherance of the comment form (http://www.sec.gov/
effectiveness. The implementation dates protection of investors and the public rules/sro.shtml); or
regarding proposed amendments to interest. Finally, NASD believes that • Send an e-mail to rule-
TRACE fees will be no more than 120 implementing the changes to Rule 6250 comments@sec.gov. Please include File
days after publication of the related on Monday, February 7, 2005, will Number SR–NASD–2004–189 on the
Notice to Members. minimize any potential operational subject line.
2. Statutory Basis implementation issues in furtherance of
the protection of investors and the Paper Comments
NASD believes that the proposed rule
public interest.
change is consistent with the provisions • Send paper comments in triplicate
of section 15A(b)(5) of the Act,9 which B. Self-Regulatory Organization’s to Jonathan G. Katz, Secretary,
requires, among other things, that NASD Statement on Burden on Competition Securities and Exchange Commission,
rules provide for the equitable NASD does not believe that the 450 Fifth Street, NW., Washington, DC
allocation of reasonable dues, fees and proposed rule change will result in any 20549–0609.
other charges among members and burden on competition that is not All submissions should refer to File
issuers and other persons using any necessary or appropriate in furtherance Number SR–NASD–2004–189. This file
facility or system that NASD operates or of the purposes of the Act, as amended. number should be included on the
controls, and the provisions of Section
C. Self-Regulatory Organization’s subject line if e-mail is used. To help the
15A(b)(6) of the Act,10 which requires,
Statement on Comments on the Commission process and review your
among other things, that NASD rules be
Proposed Rule Change Received From comments more efficiently, please use
designed to prevent fraudulent and
manipulative acts and practices, to Members, Participants or Others only one method. The Commission will
promote just and equitable principles of post all comments on the Commission’s
Written comments were neither Internet Web site (http://www.sec.gov/
trade, and, in general, to protect solicited nor received.
investors and the public interest. NASD rules/sro.shtml). Copies of the
believes that the elimination of the III. Date of Effectiveness of the submission, all subsequent
BTDS Professional Delayed-Time Data Proposed Rule Change and Timing for amendments, all written statements
Display Fee will equitably allocate fees Commission Action with respect to the proposed rule
Because the proposed rule change: (i) change that are filed with the
8 Rule 6250(b)(1)(C)(i) provides for the immediate
Does not significantly affect the Commission, and all written
dissemination of transactions in TRACE-eligible
protection of investors or the public communications relating to the
securities that are rated BB (or the equivalent rating proposed rule change between the
of one or more nationally recognized statistical interest; (ii) does not impose any
rating organizations) or lower and are executed significant burden on competition; and Commission and any person, other than
other than during the New Issue Aftermarket-10, if (iii) does not become operative for 30 those that may be withheld from the
the size of the transaction is $1 million or less. (The
days from December 28, 2004, the date public in accordance with the
term ‘‘New Issue Aftermarket-10’’ is defined in Rule provisions of 5 U.S.C. 552, will be
6250(a)(2).) During Stage One, NASD partially on which it was filed, and NASD
implemented Rule 6250(b)(1)(C)(i) by disseminating provided the Commission with written available for inspection and copying in
such transactions but only if larger transactions (i.e., notice of its intent to file the proposed the Commission’s Public Reference
‘‘$1 million plus’’ transactions) in the same TRACE- Room. Copies of such filing also will be
eligible security were also subject to dissemination rule change at least five business days
during Stage One. (‘‘$1 million plus’’ transactions prior to the filing date, the proposed available for inspection and copying at
in the same TRACE-eligible security were rule change has become effective the principal office of NASD. All
disseminated only if the TRACE-eligible security pursuant to section 19(b)(3)(A) of the comments received will be posted
traded an average of one or more times per day, as without change; the Commission does
provided in Rule 6250(b)(1)(C)(ii).) Transactions in Act 11 and Rule 19b–4(f)(6)
TRACE-eligible securities described in Rule thereunder.12 not edit personal identifying
6250(b)(1)(C)(i) that would otherwise be subject to At any time within 60 days of the information from submissions. You
immediate dissemination, but occurred in a security filing of the proposed rule change, the should submit only information that
that is traded an average of less than one time per
day and in which ‘‘$1 million plus’’ transactions are Commission may summarily abrogate you wish to make available publicly. All
subject to dissemination delays under Rule such rule change if it appears to the submissions should refer to File
6250(b)(2)(A) or Rule 6250(b)(2)(B), were not Commission that such action is Number SR–NASD–2004–189 and
disseminated during Stage One, but will begin to be necessary or appropriate in the public should be submitted on or before
disseminated when Stage Two is implemented. See
SEC Approval Order. See also NASD Notice to interest, for the protection of investors, February 2, 2005.
Members 04–65 (September 2004).
9 15 U.S.C. 78o–3(b)(5). 11 15 U.S.C. 78s(b)(3)(A). 13 See Section 19(b)(3)(C) of the Act, 15 U.S.C.
10 15 U.S.C. 78o–3(b)(6). 12 17 CFR 240.19b–4(f)(6). 78s(b)(3)(C).

VerDate jul<14>2003 17:37 Jan 11, 2005 Jkt 205001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices 2205

For the Commission, by the Division of basis that its sea turtle protection Aviation Blvd., Lawndale, CA 90261. In
Market Regulation, pursuant to delegated program is comparable to that of the addition, one copy of the comment
authority.14 United States. This country joins 14 submitted to the FAA must be mailed or
J. Lynn Taylor, others certified by the Department in delivered to Donald L. Rogers, Interim
Assistant Secretary. 2004 on the same basis. On December Executive Director, San Bernardino
[FR Doc. E5–89 Filed 1–11–05; 8:45 am] 21, 2004, the Department withdrew International Airport Authority, Inland
BILLING CODE 8010–01–P certification for Trinidad and Tobago Valley Development Agency, 294 S.
and for Panama because the sea turtle Leland Norton Way, Suite 1, San
protection program in place for Bernardino, CA 92408–0131.
DEPARTMENT OF STATE commercial shrimp trawl fisheries in
these nations is not comparable in FOR FURTHER INFORMATION CONTACT:
[Public Notice 4955] effectiveness to that of the United Tony Garcia, Airports Compliance
States. Specialist, Federal Aviation
Bureau of Oceans and International Administration, Airports Division,
Environmental and Scientific Affairs; The Department of State has
communicated the certification of 15000 Aviation Blvd., Lawndale,
Certifications Pursuant to Section 609
Venezuela under Section 609, and the California 90261, telephone (310) 725–
of Public Law 101–162
withdrawal of certification for Panama 3634 and FAX (310) 725–6849. The
SUMMARY: On December 21, 2004, the and Trinidad and Tobago, to the Office request to release airport property may
Department of State certified, pursuant of Trade Program of Customs and be reviewed in person by appointment
to Section 609 of Public Law 101–162 Border Protection, as well as to the at this same location or at San
(‘‘Section 609’’), that Venezuela has governments of the affected nations. Bernardino International Airport, San
adopted a program to reduce the Dated: January 5, 2005. Bernardino, California.
incidental capture of sea turtles in its David A Balton,
shrimp fisheries comparable to the SUPPLEMENTARY INFORMATION: In
Deputy Assistant Secretary for Oceans and accordance with the Wendell H. Ford
program in effect in the United States. Fisheries, Department of State.
On December 21, 2004, the Department Aviation Investment and Reform Act for
[FR Doc. 05–627 Filed 1–11–05; 8:45 am] the 21st Century (AIR 21), Pub. L. 10–
of State withdrew certification for
Trinidad and Tobago and for Panama BILLING CODE 4710–09–P 181 (Apr. 5, 2000; 114 Stat. 61), this
pursuant to Section 609 because neither notice must be published in the Federal
country’s program for protecting sea Register 30 days before the Secretary
turtles in its shrimp fisheries is DEPARTMENT OF TRANSPORTATION may waive any condition imposed on a
determined to be comparable to the federally obligated airport’s interest in
Federal Aviation Administration surplus property.
program in effect in the United States.
EFFECTIVE DATE: January 12, 2005. Notice of Intent To Rule on Request To The following is a brief overview of
FOR FURTHER INFORMATION CONTACT: Release Airport Land at San the request:
James Story, Office of Marine Bernardino International Airport, San The San Bernardino International
Conservation, Bureau of Oceans and Bernardino, CA Airport Authority (SBIAA) requested a
International Environmental and release from surplus property agreement
Scientific Affairs, Department of State, AGENCY: Federal Aviation
Administration, Department of obligations for approximately 49.90
Washington, DC 20520–7818; telephone:
Transportation. acres of airport land consisting of five
(202) 647–2335.
ACTION: Notice of Request to Release
parcels at San Bernardino International
SUPPLEMENTARY INFORMATION: Section
Airport Land. Airport, San Bernardino, California,
609 of Public Law 101–162 prohibits originally granted to them for airport
imports of certain categories of shrimp purposes by the United States Air Force
SUMMARY: The Federal Aviation
unless the President certifies to the due to the closure of the former Norton
Administration (FAA) proposes to rule
Congress not later than May 1 of each
and invites public comment on the Air Force Base. Three of the parcels are
year either: (1) That the harvesting
release of approximately 49.90 acres of located on the west side, the fourth
nation has adopted a program governing
airport property at San Bernardino parcel is located northwest of the
the incidental capture of sea turtles in
International Airport, San Bernardino, airfield and the fifth parcel is located on
its commercial shrimp fishery
California, from all restrictions of the the east side of the airport property. The
comparable to the program in effect in
surplus property agreement since the parcels are not contiguous or easily
the United States and has an incidental
land is not needed for airport purposes. accessible to the airfield and are not
take rate comparable to that of the
Reuse of the land for commercial/light required for aeronautical purposes. The
United States; or (2) that the fishing
industrial purposes represents a property’s redevelopment for non-
environment in the harvesting nation
compatible land use. Disposal of the aeronautical purposes will comply with
does not pose a threat of the incidental
property will provide an opportunity to local zoning and compatible land-use
taking of sea turtles. The President has
acquire additional land that is needed to requirements. The parcels will be
delegated the authority to make this
enhance safety and meet airport design disposed of at fair market value based
certification to the Department of State.
standards. on the land’s appraised value. The value
Revised State Department guidelines for
making the required certifications were DATES: Comments must be received on of the land will be used to acquire
published in the Federal Register on or before February 11, 2005. additional land, which is needed for
July 2, 1999 (Vol. 64, No. 130, Public ADDRESSES: Comments on this approach and encroachment protection,
Notice 3086). application may be mailed or delivered to enhance airport safety, and to comply
On December 21, 2004, the in triplicate to the FAA at the following with airport design standards. The land
Department certified Venezuela on the address: Federal Aviation disposal and acquisition will provide a
Administration, Airports Division, direct benefit to the airport and civil
14 17 CFR 200.30–3(a)(12). Federal Register Comment, 15000 aviation.

VerDate jul<14>2003 17:37 Jan 11, 2005 Jkt 205001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1

S-ar putea să vă placă și