Expungement 2008-010 Response to Comment Ltrs 9-3-08

September 3, 2008 Florence Harmon Deputy Secretary U. S. Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 Re: File No. SR-FINRA-2008-010 – Proposed Rule Change to Adopt Rule 12805 of the Code of Arbitration Procedure for Customer Disputes and Rule 13805 of the Code of Arbitration Procedure for Industry Disputes to Establish New Procedures for Arbitrators to Follow When Considering Requests for Expungement Relief; Response to Comments Dear Ms. Harmon: At the request of Securities and Exchange Commission (“SEC”) staff, the Financial Industry Regulatory Authority, Inc. (“FINRA”) is submitting this supplemental response to the comment letters received by the SEC with respect to the above rule 1filing. FINRA is responding to a comment letter received after the filing of FINRA’s initial 2response and, in response to the staff’s request, is expanding portions of its initial letter. In this rule filing, FINRA is proposing to adopt Rule 12805 of the Code of Arbitration Procedure for Customer Disputes (“Customer Code”) and Rule 13805 of the Code of Arbitration Procedure for Industry Disputes (“Industry Code”) (collectively, the “Codes”) to establish new procedures that arbitrators must follow when considering requests for 3expungement relief under Rule 2130. 4 5The SEC received 12 letters. Six commenters support the proposal and five 6oppose it. 1 FINRA’s ...