September 8, 2010
To Whom it May Concern:
The proposed rule SR-FINRA-2010-043, according to the compliance section of FINRA's website, allows FINRA to require that:
A. All orders routed from Member firms, reported through OATS, have indicated in their respective OATS reports, the limit price on those orders(Route Price).
B. All orders routed from Member firms, reported through OATS, have indicated on their respective OATS reports, whether said orders are Limit orders or not(Routed Order Type indicator).
These specific technical requirements are not included in the SEC filing of the Proposed Rule Change.
In every possible case, the information supplied in (B) can be determined from the information supplied in (A). As such, the requirement for (B) would seem to serve no purpose, and in fact would therefore be in questionable compliance to the legislation under which mandate for these rules is provided, as such Act requires that rules be "designed to prevent fraudulent and manipulative acts and practices." As this (B) extra requirement provides no useful additional information whatsoever, it cannot prevent anything.
In fact, the standard New Order reports and Execution Reports do not include an Order Type indicator field. Such a field in those reports would be equally dubious in utility.
By suggesting such bizarre and illogical requirements, FINRA causes the organization and mandate to seem punitive and arbitrary in nature. This additional technical requirement, to in effect report "whether the limit price sent was a limit price", simply expands the size and complexity of said technical requirements, at no gain whatsoever.
I therefore recommend that FINRA reconsider the requirement to not require the "Routed Order Type Indicator" and refile their request. Pending such action, I recommend that the SEC and SEC counsel reject FINRA's proposed rule change.