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In 2002, NFA adopted an Interpretive Notice to Compliance Rule 2-9 entitled "Supervision of the Use of Automated Order-Routing Systems." That Notice referred Members to an AICPA/CICA WebTrustSM/TM Self-Assessment Questionnaire for Availability and stated that they could download the questionnaire from NFA's web site. At the time the Notice was adopted, NFA knew that the questionnaire was copyrighted but was in discussions with AICPA/CICA and believed that it would give NFA permission to use the material in this manner.
AICPA/CICA subsequently informed NFA that it had decided not to allow NFA to use the questionnaire as described in the Interpretive Notice. Although the questionnaire is not available on our web site, NFA never removed the reference in the Notice. Therefore, the AORS Interpretive Notice is amended to delete the paragraph referencing the WebTrustSM/TM Self-Assessment Questionnaire for Availability.
As mentioned earlier, NFA is invoking the "ten-day" provision of Section 17(j) of the Commodity Exchange Act. NFA intends to make the amendments to the Interpretive Notice regarding automated order-routing systems effective ten days after receipt of this submission by the Commission, unless the Commission notifies NFA that the Commission has determined to review the proposal for approval.