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FINRA to Amend OATS Definitions

November 7, 2011
FINRA filed for immediate effectiveness to amend the definitions of “Index Arbitrage Trade” and “Program Trade” in FINRA Rule 7410, Definitions, to reflect the deletion of NYSE Rule 132B and the adoption of NYSE Rule 7410. Those definitions FINRA Rule 7410(f) and (m), respectively, incorporate by reference the definitions of “index arbitrage” and “program trading” in NYSE Rule 132B.  In connection with the extension of FINRA’s OATS rules to all NMS stocks, the NYSE filed with the SEC a proposed rule change to delete NYSE Rules 132A, 132B, and 132C (the NYSE’s Order Tracking System, or OTS, Rules) and to adopt, with minor conforming changes, the text of the FINRA Rule 7400 Series, the OATS Rules.  As part of that rule change, the NYSE relocated its definitions of “index arbitrage” and “program trading” from NYSE Rule 132B.10 to NYSE Rule 7410(g) and (m). Because the OTS Rules, including NYSE Rule 132B, will no longer be in the NYSE Rulebook after the OATS Rules are extended to all NMS stocks on 11/28/11,  FINRA is amending the definitions of “Index Arbitrage Trade” and “Program Trade” in paragraphs (f) and (m) of FINRA Rule 7410 to refer to new NYSE Rule 7410 rather than NYSE Rule 132B. [FINRA Rule Filing 11-066, 11/4/11]