No, this would not be considered an away from the market sale because it was based on investment, commercial or trading considerations. Q601.4: How should an away from the market sale be reported?
A601.4: Members should report away from the market sales by submitting a non-tape report with a special trade report modifier (.RA) to denote that the transaction is reported for regulatory transaction fee assessment purposes. Such transactions must be reported by the close of the FINRA Facility on trade date, and can be entered for clearing or non-clearing. See Rules 7130(c), 7230A(g), 7230B(f) and 7330(g).
