[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)] [Notices] [Pages 18242-18244] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-9806] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-39835; File No. SR-MSRB-98-5] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Municipal Securities Rulemaking Board Relating to the Board's Transaction Reporting Program April 7, 1998. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''), 15 U.S.C. 78s(b)(1), notice is hereby given that on April 1, 1998, the Municipal Securities Rulemaking Board (``Board'' or ``MSRB'') filed with the Securities and Exchange Commission (``Commission'' or ``SEC'') a proposed rule change (File No. SR-MSRB-98-5). The proposed rule change is described in Items I, II, and III below, which Items have been prepared by the Board. 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 The MSRB is filing herewith a proposed rule change concerning the Board's Transaction Reporting Program (``Reporting Program''). The proposed rule change states the Board's intention to publish for comment five sample Daily Reports containing summary price and volume information on inter-dealer and customer municipal securities transactions reported by dealers under rule G-14. The proposed rule change also states that the Board intends to make the Daily Report available on an operational basis in the third quarter of 1998. The proposed rule change is as follows. Notice--Sample Transaction Reporting Data Available for Review Since 1995, rule G-14 has required dealers to report to the MSRB their inter-dealer transactions in municipal securities via the automated comparison system for municipal securities operated by National Securities Clearing Corporation (``NSCC''). The Board has used this information to create a database of transaction information used by regulators for market surveillance purposes. The Board also uses the reported transaction information to create a daily public report summarizing price and volume information for municipal securities that were reported as trading in the inter-dealer market four or more times on the previous business day. The Daily Report, which is made available on T+1 prior to the beginning of the trading day, is used by market participants to help gauge the value of municipal securities. The Board currently has eight subscribers to the Daily Report. Most of the subscribers are information vendors that redistribute the information to their own subscribers and/or use the information in various securities valuation products that they market. In 1996, the Board filed plans with the Commission to add transactions between dealers and customers to the Reporting Program. Customer transaction data will be included in the surveillance database that the Board makes available to market regulators, and in the Daily Reports of price and volume activity. Since March 1, 1998, dealers have been required to submit customer transaction data on a daily basis.\1\ Beginning April 9, 1998, the MSRB will publish samples of a proposed Daily Report that includes both customer and inter-dealer transaction data and will invite public comment on the sample reports. --------------------------------------------------------------------------- \1\ See Exchange Act Release No. 37998 (Nov. 29, 1996), 61 FR 64782 (December 6, 1996) (approval of amendment to rule G-14); Exchange Act Release No. 39495 (December 29, 1997), 63 FR 585 (January 6, 1998) (delay of effectiveness to March 1, 1998). --------------------------------------------------------------------------- The criteria for inclusion of municipal securities on the sample Daily Reports are the same as for the current inter-dealer Daily Report. If a municipal security (identified by a CUSIP number) is reported as having been traded four or more times on a given day, the high, low and average price and par value total of all of the trades reported in that security will be on the Daily Report on the next morning. Calculation of average price also is the same as in the current inter-dealer Daily Report. It is an arithmetic mean and is based exclusively on reported transactions (if any) between $100,000 and $1,000,000 in par value. In applying the criteria for producing the sample Daily Reports, inter-dealer and customer transactions are considered together. This means that any combination of inter-dealer and customer transactions totaling four or more qualifies that CUSIP for inclusion of price information for that CUSIP on the Daily Report. In determining whether a reported transaction will be included for purposes of the Daily Report eligibility, certain transaction records are eliminated from consideration if they contain what appear to be obvious errors (e.g., invalid or unknown CUSIP number, missing dollar price). An attempt is made to calculate a dollar price on when-issued transactions submitted with a yield, but no dollar price. However, such transactions are not considered for Daily Report purposes if there is insufficient securities data (e.g., coupon and dated date) to calculate dollar price from yield or if there is an indication that the securities are not calculated using a standard semiannual compounding formula and a 30/360 day-count. The sample Daily Reports will be available beginning Thursday, April 9, 1998. The five sample Daily Reports will include information on transactions reported to the Board, by midnight on trade date, between March 30, 1998 and April 3, 1998. Market participants may wish to comment on the Daily Reports, particularly with respect to the format of the reports, so that the Board can make the Daily Reports as useful as possible. The sample Daily Reports will be available on the Board's Web site at WWW.MSRB.ORG and will be available in printed form from the Board's offices. Subscribers to the current inter-dealer Daily Report will be able to access the sample Daily Reports through the computer bulletin board that they normally use to access Daily Reports. The Board requests that comment on the sample Daily Report be made in writing prior to May 8, 1998. The Board plans to make the Daily Report available on a daily basis during the third quarter of 1998. Prior to that time, the Board must file a plan with the Commission that specifies the final format of the report and that announces the yearly subscription price. II. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change In its filing with the Commission, the Board included statements concerning the purpose of and basis for the proposed rule change and discussed any comment it received on the proposed rule change. The texts of these statements may be examined at the places specified in Item IV below. The Board 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 Since 1995, rule G-14 has required dealers to report to the MSRB their inter-dealer transactions in municipal [[Page 18243]] securities via the automated comparison system for municipal securities operated by the NSCC. The Board has used this information to create a database of transaction information that can be used for market surveillance purposes and to produce daily report summarizing price and volume information for municipal securities that traded four or more times in the inter-dealer market on the previous business day. In 1996, the Board filed plans with the Commission to add transactions between dealers and customers to the Transaction Reporting Program.\2\ This will allow the Board to include customer transaction data in the surveillance database that the Board makes available to market regulators, and in the Daily Reports of price and volume activity in the market. The 1996 filing included an amendment to rule G-14, requiring dealers to report their customer transactions in municipal securities to the Board in certain prescribed formats.\3\ The Commission approved this amendment and it became effective March 1, 1998.\4\ The Board has been receiving customer transaction data since that time and is now ready to publish samples of a proposed Daily Report that includes both customer and inter-dealer transactions. --------------------------------------------------------------------------- \2\ Exchange Act Release No. 37859 (Oct. 23, 1996), 61 FR 56072 (October 23, 1996). \3\ See MSRB Rule G-14(b)(ii) and Rule G-14 Transaction Reporting Procedures. \4\ Securities Exchange Act Release 37998 (Nov. 29, 1996) (approval of amendment to rule G-14); Securities Exchange Act Release 39495 (Dec. 29, 1997) (delay of effectiveness to March 1, 1998). --------------------------------------------------------------------------- The criteria for inclusion of municipal securities on the sample Daily Reports will be the same as in the current inter-dealer Daily Report. If a municipal security (i.e., CUSIP number) is reported as having been traded four or more times on a given day, the high, low and average price and par value total of all of the trades reported in that security will be on the Daily Report on the next morning. Calculation of average price will be an arithmetic mean and will be based exclusively on reported transactions (if any) between $100,000 and $1,000,000 in par value. In applying these criteria, inter-dealer and customer transactions will be considered together. This means that any combination of inter-dealer and customer transactions totaling four or more will trigger the inclusion of price information for that CUSIP on the Daily Report. The five sample Daily Reports being released for comment will include information on inter-dealer and customer transactions reported to the Board, on trade date, between March 30, 1998 and April 3, 1998. They will be released during the week of April 7, 1998. The sample Daily Reports will be available on the Board's Web site at WWW.MSRB.ORG will be available in printed form from the Board's offices. Subscribers to the current inter-dealer Daily Report will be able to access the sample Daily Reports through the normal means of accessing Daily Reports, which is a computer bulletin board. Although the Board is now receiving customer transaction data from dealers, it is not yet prepared to begin production of Daily Reports containing summary price and volume information on an operational basis. This is due to several factors, including the need for further testing of the software that produces the Daily Report, the need for additional efforts to assure that the data within the Daily Report reliably reflects transaction data reported to the Board, and the need for additional analysis to help assure that the data submitted by dealers is accurate, timely and complete. Prior to operational status being achieved, it also will be necessary for the Board to convert its current testing and development computer systems to operational systems, which require higher standards of reliability and operational readiness. The Board estimates that these objectives can be attained during the third quarter of 1998. Prior to that time, the Board will file a more complete plan with the final format of the Daily Reports and a detailed description of the process by which the Daily Report is produced. 2. Statutory Basis The Board believes that the proposed rule change is consistent with Section 15B(b) (C) of the Act, which provides that the Board's rules shall: be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in municipal securities, to remove impediments to and perfect the mechanism of a free and open market in municipal securities, and, in general, to protect investors and the public interest. The Board believes that the proposed rule change is necessary so that Daily Report operations can begin as soon as possible. The Board believes that the operation of the Reporting Program, in general, will facilitate the statutory purposes noted above because the Reporting Program will provide an additional degree of price transparency in the municipal securities market and will provide a surveillance audit trail that may be used by market regulators in furtherance of their regulatory purposes. B. Self-Regulatory Organization's Statement on Burden on Competition The Board does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act since it would apply equally to all brokers, dealers and municipal securities dealers and merely provides sample data for comment for a program the general parameters of which previously have been approved by the Commission. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants, or Others Written comments were neither requested nor received on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Board has designated this proposed rule change as constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement or an existing Board rule under Section 19(b)(3)(A) of the Act, which renders the proposed rule change effective upon receipt of this filing by the Commission. The proposed rule change merely describes the plan for the Board to provide a sample of transaction data from the municipal securities market so that the Board can expeditiously continue with its plan, previously approved by the Commission, to add customer transaction data to the existing Reporting Program. At any time within sixty 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. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. Copies of the submission, all subsequent [[Page 18244]] 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, 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. Copies of the filing will also be available for inspection and copying at the Board's principal offices. All submissions should refer to File No. SR-MSRB-98-5 and should be submitted by May 5, 1998. For the Commission by the Division of Market Regulation, pursuant to delegated authority, 17 CFR 200.30-3(a)(12). Margaret H. McFarland, Deputy Secretary. [FR Doc. 98-9806 Filed 4-13-98; 8:45 am] BILLING CODE 8010-01-M