Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing of Proposed Rule Change To Remove Functionality in the Government Securities Division's Rules That Is No Longer Utilized by Participants, 15822-15824 [2012-6384]
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mstockstill on DSK4VPTVN1PROD with NOTICES
15822
Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices
are equitable because they are open to
all similarly situated ETP Holders on an
equal basis and provide credits that are
reasonably related to the value to an
exchange’s market quality associated
with higher volumes. For example, the
proposed increase to $0.0030 for orders
in Tape B Securities routed outside the
Book to any away market centers will
align such fee to Tape A and Tape C
routing fees to any away market center
other than NYSE. The Exchange further
believes that the proposed Tape A, Tape
B, and Tape C Step Up Tiers are
reasonable, equitable and not unfairly
discriminatory because the Exchange
has previously implemented two step
up tiers: Step Up Tier 1 and Step Up
Tier 2. With respect to shares priced
under $1.00, the Exchange notes that the
proposal to increase the charge to 0.2%
of the total dollar value of the execution
for these securities for ETP Holders
accessing liquidity is consistent with
the limitations of Rule 610(c) of
Regulation NMS under the Act.
As stated above, the Exchange
believes that the new Step Up Tiers, the
new Investor Tier 2, and the revised
Investor Tier 3 may incentivize ETP
Holders to increase the orders sent
directly to the Exchange and therefore
provide liquidity that supports the
quality of price discovery and promotes
market transparency. For example, the
increased fee with respect to MPL
orders that take liquidity in Tape A,
Tape B, and Tape C Securities will
provide an added incentive to ETP
Holders and Market Makers to provide
displayed liquidity on the Exchange for
such orders.
In addition to the new Tiers, the
Exchange believes that the amendments
to the Tracking Order Tiers would
benefit ETP Holders whose increased
order flow provides meaningful added
levels of liquidity, but may not be
eligible for the current Tracking Order
Tier thresholds, thereby contributing to
the depth and market quality of the
Book.
The Exchange believes that by
recalibrating the fees for routing and
taking liquidity and credits for
providing liquidity it will attract
additional order flow and liquidity to
the Exchange, thereby contributing to
price discovery on the Exchange and
benefiting investors generally.
The Exchange also believes that the
technical amendments proposed herein
would better assist member
organizations and others that view the
Fee Schedule in determining the fees
and credits that are applicable on the
Exchange.
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B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act 18 and
subparagraph (f)(2) of Rule 19b–4
thereunder.19 At any time within 60
days of the filing of the proposed rule
change, the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NYSEARCA–2012–17 on
the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSEARCA–2012–17. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEARCA–2012–17 and should be
submitted on or before April 6, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–6383 Filed 3–15–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66574; File No. SR–FICC–
2012–02]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Notice of
Filing of Proposed Rule Change To
Remove Functionality in the
Government Securities Division’s
Rules That Is No Longer Utilized by
Participants
March 12, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
notice is hereby given that on February
29, 2012, the Fixed Income Clearing
Corporation (‘‘FICC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed change as
20 17
18 15
U.S.C. 78s(b)(3)(A)(ii).
19 17 CFR 240.19b–4(f)(2).
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices
described in Items I and II below, which
Items have been prepared primarily by
FICC. The Commission is publishing
this notice to solicit comments on the
proposed change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The proposed rule change consists of
modifications to certain rules of the
Government Securities Division
(‘‘GSD’’) of the Fixed Income Clearing
Corporation (‘‘FICC’’) that refer to
functions or classifications that are
either technologically obsolete or no
longer used by participants.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
FICC included statements concerning
the purpose of and basis for the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. FICC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.3
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The purpose of this filing is to revise
the GSD rules to eliminate references to
functions or classifications that are
either technologically obsolete or no
longer utilized by GSD’s participants.
Reflected below are descriptions of the
proposed changes to the rules.
mstockstill on DSK4VPTVN1PROD with NOTICES
1. ‘‘Non-Conversion Participants’’/
‘‘Conversion Participants’’
When first implemented, the DVP
System required all participants that
submitted when issued trades to
resubmit those trades with final money
calculations on the night of Auction
Date, after the Treasury Auction results
were announced. Subsequent to the
initial implementation, enhancements
were incorporated such that the DVP
System recalculated trades (repriced)
based on auction results. FICC also
incorporated an option whereby
participants could decide if they wanted
to resubmit their trades (participants
who elected this option were known as
‘‘Non-Conversion Participants’’) or take
FICC’s repricing notification
3 The Commission has modified the text of the
summaries prepared by FICC.
VerDate Mar<15>2010
17:10 Mar 15, 2012
Jkt 226001
15823
(participants who elected this option
were known as ‘‘Conversion
Participants’’). With the implementation
of Interactive Messaging in 2000, the
few remaining Non-Conversion
Participants agreed to take FICC’s
calculations, rather than resubmit their
trades to FICC. As such, FICC proposes
to remove references in the rules to
Non-Conversion Participants. Given that
all participants who submit whenissued transactions for matching/netting
are subject to accepting FICC’s
calculations for their trades based on
Treasury Auction Results, the proposed
rule changes replace references to
‘‘Conversion Participants’’ with
‘‘Participants.’’
—Currently, the ‘‘Schedule of Required
and Other Data Submission Items
from GCF Repo Transactions’’ refers
to ‘‘Reverse dealer Exec. Id’’ and a
‘‘Repo dealer Exec Id.’’ When FICC
began using the GSD RTTM web
format, these fields were eliminated
because they did not have any
significance for GCF repo trades. As a
result, FICC proposes to remove these
references from the rules.
FICC believes the proposed change is
consistent with Section 17A of the Act
and the rules and regulations
thereunder because it facilitates the
prompt and accurate clearance and
settlement of securities by ensuring that
FICC’s rules are accurate.
2. Auction Priority Delivery Requests
and Customer Delivery Requests (CDRs)
Auction Priority Delivery Requests,
also known as Customer Delivery
Requests (CDRs), were originally built
for FICC’s batch file transfer, which was
the initial proprietary method that
participants used to submit trade
activity to FICC. This functionality
allowed the dealer to instruct FICC to
withhold certain auction trades from the
net to ensure that a priority client
received their auction allotment so the
trade could not be netted out during
FICC’s end of day netting process.
However, when Interactive Messaging
was implemented in 2000, this
instruction type was not supported as it
was no longer used. As a result, FICC
proposes to remove references in the
rules to Auction Priority Delivery
Requests and Customer Delivery
Requests (CDRs).
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
3. Repo Substitution Criteria
GSD initially provided optional fields
for Repo Substitution Criteria for trade
submissions. However, over the years,
participants generally have not used
these fields. Because the fields were
provided as an informational courtesy
that has not been used by participants,
the new system will not contain them.
From a rules perspective this entails the
deletion of references to those fields in
related schedule.
In addition to the above-referenced
changes which relate to the DVP
System, FICC proposes to make the
following additional technical
corrections to the GSD rules:
—Terminal interfaces and video display
terminals are currently referenced in
the rules. The terminals became
obsolete when FICC replaced them
with a web browser interface. Because
the terminals are no longer in
existence, FICC proposes to remove
references to these methods from the
GSD rules.
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
FICC does not believe that the
proposed rule change would impose any
burden on competition.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
Written comments relating to the
proposed rule change have not yet been
solicited or received. FICC will notify
the Commission of any written
comments received by FICC.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) by order approve or disapprove
the proposed rule change; or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
Electronic Comments
• Use the Commissions Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–FICC–2012–02 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
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16MRN1
15824
Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices
All submissions should refer to File
Number SR–FICC–2012–02. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Section, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of FICC
and on FICC’s Web site at https://www.
dtcc.com/downloads/legal/rule_filings/
2012/ficc/SR_FICC_2012_02.pdf.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–FICC–2012–02 and should
be submitted on or before April 6, 2012.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.4
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–6384 Filed 3–15–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
This order approves the proposed rule
change.
[Release No. 34–66575; File No. SR–FINRA–
2011–067]
II. Purpose
The proposed rule change would
amend FINRA Rule 13201 (Statutory
Employment Discrimination Claims) of
the Industry Code, and FINRA Rule
2263 (Arbitration Disclosure to
Associated Persons Signing or
Acknowledging Form U4), to align the
rules with statutes that invalidate
predispute arbitration agreements for
whistleblower disputes.
The Dodd-Frank Wall Street Reform
and Consumer Protection Act (‘‘DoddFrank Act’’) 6 amended the SarbanesOxley Act of 2002 (‘‘SOX’’) 7 by adding
a new paragraph (e) to 18 U.S.C. 1514A
(Nonenforceability of Certain Provisions
Waiving Rights and Remedies or
Requiring Arbitration of Disputes) 8 to
provide that:
(1) Waiver of Rights and Remedies—
The rights and remedies provided for in
this section may not be waived by any
agreement, policy form, or condition of
employment, including by a predispute
arbitration agreement.
(2) Predispute Arbitration
Agreements—No predispute arbitration
agreement shall be valid or enforceable,
if the agreement requires arbitration of
a dispute arising under this section.
Prior to the Dodd-Frank Act, it was
FINRA staff’s articulated position that
parties were required to arbitrate SOX
whistleblower claims under the
Industry Code.9
In light of the changes set forth in the
Dodd-Frank Act that invalidate
predispute arbitration agreements in the
case of SOX whistleblower disputes, the
proposed rule change would amend
FINRA Rule 13201 of the Industry Code
to make clear that parties are not
required to arbitrate SOX whistleblower
disputes, superseding any existing
guidance to the contrary. While FINRA’s
main impetus for the proposed rule
change was the need to update its staff’s
stated position on SOX whistleblower
claims, FINRA proposed to make the
rule text broad enough to cover any
statutes that prohibit predispute
arbitration agreements for whistleblower
disputes.10
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Order Approving a
Proposed Rule Change Amending
FINRA Rules 13201 (Statutory
Employment Discrimination Claims)
and 2263 (Arbitration Disclosure to
Associated Persons Signing or
Acknowledging Form U4) Relating to
Whistleblower Disputes in Arbitration
March 12, 2012.
I. Introduction
On November 21, 2011, the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’) filed with the Securities and
Exchange Commission (‘‘SEC’’ or
‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Exchange Act’’ or ‘‘Act’’) 1 and
Rule 19b–4 thereunder,2 a proposed rule
change to amend FINRA Rule 13201 of
the Code of Arbitration Procedure for
Industry Disputes (‘‘Industry Code’’) to
align the rule with statutes that
invalidate predispute arbitration
agreements for whistleblower disputes.
Specifically, the proposed rule change
would amend Rule 13201 to add a new
provision to provide that a dispute
arising under a whistleblower statute
that prohibits the use of predispute
arbitration agreements is not required to
be arbitrated under the Industry Code.
The proposed rule change would also
make a conforming amendment to
FINRA Rule 2263. The proposed rule
change was published for comment in
the Federal Register on December 12,
2011.3 The Commission received one
comment letter, from the Securities
Industry and Financial Markets
Association (‘‘SIFMA’’), on the
proposed rule change,4 and a response
to SIFMA’s comments from FINRA.5
The text of the proposed rule change
and FINRA’s Response Letter are
available on FINRA’s Web site at https://
www.finra.org, at the principal office of
FINRA, on the Commission’s Web site at
https://www.sec.gov, and at the
Commission’s Public Reference Room.
mstockstill on DSK4VPTVN1PROD with NOTICES
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Exchange Act Release No. 65896 (Dec. 6,
2011) (‘‘Notice’’).
4 See letter from Kevin M. Carroll, Managing
Director and Associate General Counsel, SIFMA,
dated January 3, 2012 (‘‘SIFMA Letter’’).
5 See letter from Margo A. Hassan, Assistant Chief
Counsel, FINRA, to Elizabeth M. Murphy,
Secretary, Commission, dated March 5, 2012
(‘‘Response Letter’’).
2 17
4 17
CFR 200.30–3(a)(12).
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17:10 Mar 15, 2012
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6 See Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111–203
(2010).
7 Sarbanes-Oxley Act of 2002, Public Law 107–
204 (2002).
8 See Dodd-Frank Act Section 922(c)(2).
9 See Arbitrability of Sarbanes-Oxley
Whistleblower Claims by Laurence S. Moy, Pearl
Zuchlewski, Linda A. Neilan and Katherine
Blostein, The Neutral Corner (Volume 1—2008).
10 The Dodd-Frank Act also invalidated
predispute arbitration agreements in other
whistleblower statutes, including, for example, 7
E:\FR\FM\16MRN1.SGM
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Agencies
[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Notices]
[Pages 15822-15824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6384]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66574; File No. SR-FICC-2012-02]
Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing of Proposed Rule Change To Remove Functionality in the
Government Securities Division's Rules That Is No Longer Utilized by
Participants
March 12, 2012.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on February 29, 2012, the Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed change as
[[Page 15823]]
described in Items I and II below, which Items have been prepared
primarily by FICC. The Commission is publishing this notice to solicit
comments on the proposed change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The proposed rule change consists of modifications to certain rules
of the Government Securities Division (``GSD'') of the Fixed Income
Clearing Corporation (``FICC'') that refer to functions or
classifications that are either technologically obsolete or no longer
used by participants.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, FICC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\3\
---------------------------------------------------------------------------
\3\ The Commission has modified the text of the summaries
prepared by FICC.
---------------------------------------------------------------------------
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
The purpose of this filing is to revise the GSD rules to eliminate
references to functions or classifications that are either
technologically obsolete or no longer utilized by GSD's participants.
Reflected below are descriptions of the proposed changes to the rules.
1. ``Non-Conversion Participants''/``Conversion Participants''
When first implemented, the DVP System required all participants
that submitted when issued trades to resubmit those trades with final
money calculations on the night of Auction Date, after the Treasury
Auction results were announced. Subsequent to the initial
implementation, enhancements were incorporated such that the DVP System
recalculated trades (repriced) based on auction results. FICC also
incorporated an option whereby participants could decide if they wanted
to resubmit their trades (participants who elected this option were
known as ``Non-Conversion Participants'') or take FICC's repricing
notification (participants who elected this option were known as
``Conversion Participants''). With the implementation of Interactive
Messaging in 2000, the few remaining Non-Conversion Participants agreed
to take FICC's calculations, rather than resubmit their trades to FICC.
As such, FICC proposes to remove references in the rules to Non-
Conversion Participants. Given that all participants who submit when-
issued transactions for matching/netting are subject to accepting
FICC's calculations for their trades based on Treasury Auction Results,
the proposed rule changes replace references to ``Conversion
Participants'' with ``Participants.''
2. Auction Priority Delivery Requests and Customer Delivery Requests
(CDRs)
Auction Priority Delivery Requests, also known as Customer Delivery
Requests (CDRs), were originally built for FICC's batch file transfer,
which was the initial proprietary method that participants used to
submit trade activity to FICC. This functionality allowed the dealer to
instruct FICC to withhold certain auction trades from the net to ensure
that a priority client received their auction allotment so the trade
could not be netted out during FICC's end of day netting process.
However, when Interactive Messaging was implemented in 2000, this
instruction type was not supported as it was no longer used. As a
result, FICC proposes to remove references in the rules to Auction
Priority Delivery Requests and Customer Delivery Requests (CDRs).
3. Repo Substitution Criteria
GSD initially provided optional fields for Repo Substitution
Criteria for trade submissions. However, over the years, participants
generally have not used these fields. Because the fields were provided
as an informational courtesy that has not been used by participants,
the new system will not contain them. From a rules perspective this
entails the deletion of references to those fields in related schedule.
In addition to the above-referenced changes which relate to the DVP
System, FICC proposes to make the following additional technical
corrections to the GSD rules:
--Terminal interfaces and video display terminals are currently
referenced in the rules. The terminals became obsolete when FICC
replaced them with a web browser interface. Because the terminals are
no longer in existence, FICC proposes to remove references to these
methods from the GSD rules.
--Currently, the ``Schedule of Required and Other Data Submission Items
from GCF Repo Transactions'' refers to ``Reverse dealer Exec. Id'' and
a ``Repo dealer Exec Id.'' When FICC began using the GSD RTTM web
format, these fields were eliminated because they did not have any
significance for GCF repo trades. As a result, FICC proposes to remove
these references from the rules.
FICC believes the proposed change is consistent with Section 17A of the
Act and the rules and regulations thereunder because it facilitates the
prompt and accurate clearance and settlement of securities by ensuring
that FICC's rules are accurate.
(B) Self-Regulatory Organization's Statement on Burden on Competition
FICC does not believe that the proposed rule change would impose
any burden on competition.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others
Written comments relating to the proposed rule change have not yet
been solicited or received. FICC will notify the Commission of any
written comments received by FICC.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) by order approve or disapprove the proposed rule change; or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
Electronic Comments
Use the Commissions Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-FICC-2012-02 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
[[Page 15824]]
All submissions should refer to File Number SR-FICC-2012-02. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FICC and on FICC's
Web site at https://www.dtcc.com/downloads/legal/rule_filings/2012/ficc/SR_FICC_2012_02.pdf.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-FICC-2012-02
and should be submitted on or before April 6, 2012.
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\4\ 17 CFR 200.30-3(a)(12).
For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\4\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-6384 Filed 3-15-12; 8:45 am]
BILLING CODE 8011-01-P