SR-FINRA-2009-069

Proposed Rule Change to Impose an Excess Capacity Usage Fee on ADF Trading Centers that Exceed Their Certified Volume Levels Pursuant to a New FINRA ADF Capacity Management Plan

Financial Industry Regulatory Authority, Inc. (“FINRA”) is filing with the Securities and Exchange Commission (“SEC” or “Commission”) a proposed rule change to adopt a rule to impose an excess capacity usage fee on ADF Trading Centers that exceed their certified volume levels pursuant to a new FINRA Capacity Management Plan for the Alternative Display Facility (“ADF”). FINRA is also amending the ADF Certification Record to require ADF Trading Centers to comply with the ADF Capacity Management Plan (“Plan”). The proposed rule change also renumbers FINRA Rules 7550, 7560, and 7570 as 7560, 7570, and 7580, respectively.