Self-Regulatory Organizations; The Depository Trust Company; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether the Approve or Disapprove Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To Specify Procedures Available to Issuers of Securities Deposited at DTC for Book Entry Services When DTC Imposes or Intends To Impose Restrictions on the Further Deposit and/or Book Entry Transfer of Those Securities, 35193-35194 [2014-14319]

Download as PDF Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Notices Rates) effective July 1, 2014.1 Notice at 1. The Notice does not include any classification changes. Id. at 2. The timing of the filing comports with a requirement that notice of this type of change be submitted at least 15 days before the effective date. See 39 CFR 3015.5. II. Contents of Filing To accompany its Notice, the Postal Service filed the following attachments: • Attachment 1—an application for non-public treatment of material filed under seal; • Attachment 2—a redacted copy of Governors’ Decision No. 09–15; • Attachment 3—a redacted copy of the new rates; and • Attachment 4—a copy of the certification required under 39 CFR 3015.5(c)(2). Id. at 2. The Postal Service filed a redacted version of the sealed financial documents in a public Excel file. Id. The material filed under seal consists of unredacted copies of Governors’ Decision No. 09–15, the new rates, and related financial information.2 Id. at 3. Classification and rates. The Notice incorporates by reference previous explanations concerning (1) the UPU Postal Operations Council’s mechanism for setting base rates for Inbound Air Parcel Post, and (2) the formal nature of the Governors’ Decision establishing those rates for purposes of statutory compliance.3 Id. at 2. The Postal Service asserts that the prices comport with Governors’ Decision No. 09–15 as they are the highest possible inward land rates that the Postal Service is eligible for based on inflation increases and other factors. Id. at 2–3. It also asserts that it has met its burden of providing notice to the Commission of changed rates within the scope of Governors’ Decision No. 09–15, as required by 39 U.S.C. 3632(b)(3). Id. at 3. emcdonald on DSK67QTVN1PROD with NOTICES III. Commission Action The Commission establishes Docket No. CP2014–52 for consideration of matters raised in the Notice. Interested persons may submit comments on 1 Notice of the United States Postal Service of Filing Changes in Rates Not of General Applicability for Inbound Air Parcel Post, June 11, 2014 (Notice). 2 Governors’ Decision No. 09–15 was filed, and remains, under seal in Docket Nos. MC2010–11 and CP2010–11. See id. at 1, n.1. 3 Article RC 193.3 allows modifications to the bonus payment portion of inward land rates to be implemented twice each year on January 1 and July 1. The UPU’s International Bureau will confirm to all designated operators by March 31 any changes to the inward land rates that apply beginning July 1 of that same year. See id. at 2, n.3. VerDate Mar<15>2010 17:25 Jun 18, 2014 Jkt 232001 whether the Agreement is consistent with the requirements of 39 CFR 3015.5 and the policies of 39 U.S.C. 3632 and 3633. Comments are due no later than June 20, 2014. The public portions of the Postal Service’s filing can be accessed via the Commission’s Web site at https://www.prc.gov. Information on how to obtain access to nonpublic material appears at 39 CFR Part 3007. The Commission appoints Lyudmila Bzhilyanskaya to represent the interests of the general public (Public Representative) in this case. IV. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2014–52 for consideration of matters raised in the Postal Service’s Notice. 2. Pursuant to 39 U.S.C. 505, the Commission designates Lyudmila Bzhilyanskaya to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. 3. Comments are due no later than June 20, 2014. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. [FR Doc. 2014–14279 Filed 6–18–14; 8:45 am] BILLING CODE 7710–FW–P POSTAL SERVICE Product Change—Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service Agreement Postal ServiceTM. ACTION: Notice. AGENCY: The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Effective date: June 19, 2014. FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202–268–3179. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on June 13, 2014, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Priority Mail Express, Priority Mail, & First-Class Package Service Contract 3 to SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 35193 Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2014–27, CP2014–53. Stanley F. Mires, Attorney, Legal Policy & Legislative Advice. [FR Doc. 2014–14306 Filed 6–18–14; 8:45 am] BILLING CODE 7710–12–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–72391; File No. SR–DTC– 2013–11] Self-Regulatory Organizations; The Depository Trust Company; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether the Approve or Disapprove Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To Specify Procedures Available to Issuers of Securities Deposited at DTC for Book Entry Services When DTC Imposes or Intends To Impose Restrictions on the Further Deposit and/or Book Entry Transfer of Those Securities June 13, 2014. I. Introduction On December 5, 2013, The Depository Trust Company (‘‘DTC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) proposed rule change SR–DTC–2013–11 (‘‘Proposed Rules’’) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) 1 and Rule 19b–4 thereunder.2 The Proposed Rules were published in the Federal Register on December 24, 2013.3 The Commission received ten comments from eight commenters to the Proposed Rules 4 and two letters from DTC responding to those comments.5 On February 10, 2014, 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Release No. 34–71132 (Dec. 18, 2013); 78 FR 77755 (Dec. 24, 2013). 4 See Letters to Elizabeth M. Murphy, Secretary, Commission, from: Suzanne H. Shatto dated December 20, 2013 (‘‘Shatto Letter I’’); Simon Kogan dated December 22, 2013 (‘‘Kogan Letter’’); DTCC BigBake dated December 27, 2013 (‘‘DTCC BigBake Letter I’’) and March 14, 2014 (‘‘DTCC BigBake Letter II’’); Brenda Hamilton, Hamilton & Associates Law Group, PA (‘‘Hamilton Letter’’); Charles V. Rossi, Chairman, STA Board Advisory Committee, Securities Transfer Association dated January 14, 2014 (‘‘STA Letter I’’); Louis A. Brilleman, Louis A. Brilleman, P.C. dated January 14, 2014 (‘‘Brilleman Letter I’’); Gary Emmanuel and Harvey Kesner, Sichenzia Ross Friedman Ference LLP dated January 14, 2014 (‘‘Sichenzia Letter I’’) and February 24, 2014 (‘‘Sichenzia Letter II’’); and Susanne Trimbath, STP Advisory Services, LLC dated March 19, 2014 (‘‘Trimbath Letter’’). 5 See Letters to Elizabeth M. Murphy, Secretary, Commission, from Isaac Montal, Managing Director 2 17 E:\FR\FM\19JNN1.SGM Continued 19JNN1 35194 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES DTC filed Amendment No. 1 to the Proposed Rules.6 On March 10, 2014, DTC Filed Amendment No 2 to the Proposed Rules.7 On March 19, 2014, the Commission published Amendment Nos. 1 and 2 for comment and instituted proceedings to determine whether to approve or disapprove the Proposed Rules, as modified by Amendment Nos. 1 and 2 (‘‘Order Instituting Proceedings’’).8 During the course of these proceedings, the Commission received six additional comment letters from five commenters 9 and two letters in response from DTC.10 Section 19(b)(2) of the Exchange Act 11 provides that, after initiating disapproval proceedings, the Commission shall issue an order approving or disapproving the proposed rule change not later than 180 days after the date of publication of notice of filing of the proposed rule change. The Commission may extend the period for issuing an order approving or disapproving the proposed rule change, however, by not more than 60 days if the Commission determines that a longer period is appropriate and publishes the reasons for such determination. The Proposed Rules were published for notice and comment in the Federal Register on December 24, 2013; June 22, 2014 is 180 days from and Deputy General Counsel, DTCC dated February 10, 2014 (‘‘DTC Letter I’’) and March 3, 2014 (‘‘DTC Letter II’’). 6 Amendment No. 1 requires DTC to send any Deposit Chill Notice, as defined herein, and Global Lock Notice, as defined herein, sent to an issuer to the issuer’s transfer agent on record with DTC via overnight courier. 7 Amendment No. 2 makes a variety of changes to the rule text clarifying the procedures set forth in the Proposed Rules. 8 See Release No. 34–71745 (March 19, 2014); 79 FR 16392 (March 25, 2014). 9 See Letters to Elizabeth M. Murphy, Secretary, Commission from: Louis A. Brilleman, Louis A. Brilleman, P.C. dated April 10, 2014 (‘‘Brilleman Letter II’’); Charles V. Rossi, Chairman, STA Board Advisory Committee, Securities Transfer Association dated April 15, 2014 (‘‘STA Letter II’’); Daniel Zwiren, President and CEO, Edward Petraglia, General Counsel, Optigenex Inc. dated May 5, 2014 (‘‘Optigenex Letter I’’); and Suzanne H. Shatto dated May 9, 2014 (Shatto Letter II’’). See Letter to Elizabeth M. Murphy, Secretary, Commission and Lisa D. Levey, Secretary, the Depository Trust Company from Daniel Zwiren, President and CEO, Edward Petraglia, General Counsel, Optigenex Inc. dated April 15, 2014 (‘‘Optigenex Letter II’’). See Letter to Kevin M. O’Neill, Deputy Secretary, Commission from Gary Emmanuel and Harvey Kesner, Sichenzia Ross Friedman Ference LLP dated April 29, 2014 (‘‘Sichenzia Letter III’’). 10 See Letters to Elizabeth M. Murphy, Secretary, Commission, from Isaac Montal, Managing Director and Deputy General Counsel, DTCC dated April 29, 2014 (‘‘DTC Letter III’’) and May 6, 2014 (‘‘DTC Letter IV’’). 11 15 U.S.C. 78s(b)(2). VerDate Mar<15>2010 17:25 Jun 18, 2014 Jkt 232001 that date, and August 21, 2014 is 240 days from that date. The Commission finds it appropriate to designate a longer period within which to issue an order approving or disapproving the Proposed Rules so that it has sufficient time to consider the amended proposal, the issues raised in the comment letters, including comment letters submitted in response to the Order Instituting Proceedings, and DTC’s responses to such comments. Accordingly, the Commission, pursuant to Section 19(b)(2) of the Exchange Act,12 designates August 21, 2014, as the date by which the Commission should either approve or disapprove the Proposed Rules (SR– DTC–2013–11). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2014–14319 Filed 6–18–14; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–72332A; File No. SR– FINRA–2014–020] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Adopt FINRA Rule 2081, Prohibited Conditions Relating to Expungement of Customer Dispute Information; Correction June 5, 2014. Correction In FR Vol. 79, No. 112 beginning on page 33625 for Wednesday, June 11, 2014, the self-regulatory organization’s name was incorrectly stated in the title. The correct name is Financial Industry Regulatory Authority, Inc. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2014–14318 Filed 6–18–14; 8:45 am] BILLING CODE 8011–01–P 12 Id. 13 17 PO 00000 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–72386; File No. SR–BX– 2014–031] Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule Under Exchange Rule 7018(a) With Respect to Transactions in Securities Priced at $1 per Share or More June 13, 2014. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on June 6, 2014, NASDAQ OMX BX, Inc. (‘‘BX’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the fee schedule under Exchange Rule 7018(a) with respect to transactions in securities priced at $1 per share or more. The text of the proposed rule change is also available on the Exchange’s Web site at https:// nasdaqomxbx.cchwallstreet.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange 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. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. 1 15 CFR 200.30–3(a)(57). Frm 00047 Fmt 4703 Sfmt 4703 2 17 E:\FR\FM\19JNN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 19JNN1

Agencies

[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Pages 35193-35194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14319]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72391; File No. SR-DTC-2013-11]


Self-Regulatory Organizations; The Depository Trust Company; 
Notice of Designation of Longer Period for Commission Action on 
Proceedings To Determine Whether the Approve or Disapprove Proposed 
Rule Change, as Modified by Amendment Nos. 1 and 2, To Specify 
Procedures Available to Issuers of Securities Deposited at DTC for Book 
Entry Services When DTC Imposes or Intends To Impose Restrictions on 
the Further Deposit and/or Book Entry Transfer of Those Securities

June 13, 2014.

I. Introduction

    On December 5, 2013, The Depository Trust Company (``DTC'') filed 
with the Securities and Exchange Commission (``Commission'') proposed 
rule change SR-DTC-2013-11 (``Proposed Rules'') pursuant to Section 
19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\ 
and Rule 19b-4 thereunder.\2\ The Proposed Rules were published in the 
Federal Register on December 24, 2013.\3\ The Commission received ten 
comments from eight commenters to the Proposed Rules \4\ and two 
letters from DTC responding to those comments.\5\ On February 10, 2014,

[[Page 35194]]

DTC filed Amendment No. 1 to the Proposed Rules.\6\ On March 10, 2014, 
DTC Filed Amendment No 2 to the Proposed Rules.\7\ On March 19, 2014, 
the Commission published Amendment Nos. 1 and 2 for comment and 
instituted proceedings to determine whether to approve or disapprove 
the Proposed Rules, as modified by Amendment Nos. 1 and 2 (``Order 
Instituting Proceedings'').\8\ During the course of these proceedings, 
the Commission received six additional comment letters from five 
commenters \9\ and two letters in response from DTC.\10\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Release No. 34-71132 (Dec. 18, 2013); 78 FR 77755 (Dec. 
24, 2013).
    \4\ See Letters to Elizabeth M. Murphy, Secretary, Commission, 
from: Suzanne H. Shatto dated December 20, 2013 (``Shatto Letter 
I''); Simon Kogan dated December 22, 2013 (``Kogan Letter''); DTCC 
BigBake dated December 27, 2013 (``DTCC BigBake Letter I'') and 
March 14, 2014 (``DTCC BigBake Letter II''); Brenda Hamilton, 
Hamilton & Associates Law Group, PA (``Hamilton Letter''); Charles 
V. Rossi, Chairman, STA Board Advisory Committee, Securities 
Transfer Association dated January 14, 2014 (``STA Letter I''); 
Louis A. Brilleman, Louis A. Brilleman, P.C. dated January 14, 2014 
(``Brilleman Letter I''); Gary Emmanuel and Harvey Kesner, Sichenzia 
Ross Friedman Ference LLP dated January 14, 2014 (``Sichenzia Letter 
I'') and February 24, 2014 (``Sichenzia Letter II''); and Susanne 
Trimbath, STP Advisory Services, LLC dated March 19, 2014 
(``Trimbath Letter'').
    \5\ See Letters to Elizabeth M. Murphy, Secretary, Commission, 
from Isaac Montal, Managing Director and Deputy General Counsel, 
DTCC dated February 10, 2014 (``DTC Letter I'') and March 3, 2014 
(``DTC Letter II'').
    \6\ Amendment No. 1 requires DTC to send any Deposit Chill 
Notice, as defined herein, and Global Lock Notice, as defined 
herein, sent to an issuer to the issuer's transfer agent on record 
with DTC via overnight courier.
    \7\ Amendment No. 2 makes a variety of changes to the rule text 
clarifying the procedures set forth in the Proposed Rules.
    \8\ See Release No. 34-71745 (March 19, 2014); 79 FR 16392 
(March 25, 2014).
    \9\ See Letters to Elizabeth M. Murphy, Secretary, Commission 
from: Louis A. Brilleman, Louis A. Brilleman, P.C. dated April 10, 
2014 (``Brilleman Letter II''); Charles V. Rossi, Chairman, STA 
Board Advisory Committee, Securities Transfer Association dated 
April 15, 2014 (``STA Letter II''); Daniel Zwiren, President and 
CEO, Edward Petraglia, General Counsel, Optigenex Inc. dated May 5, 
2014 (``Optigenex Letter I''); and Suzanne H. Shatto dated May 9, 
2014 (Shatto Letter II''). See Letter to Elizabeth M. Murphy, 
Secretary, Commission and Lisa D. Levey, Secretary, the Depository 
Trust Company from Daniel Zwiren, President and CEO, Edward 
Petraglia, General Counsel, Optigenex Inc. dated April 15, 2014 
(``Optigenex Letter II''). See Letter to Kevin M. O'Neill, Deputy 
Secretary, Commission from Gary Emmanuel and Harvey Kesner, 
Sichenzia Ross Friedman Ference LLP dated April 29, 2014 
(``Sichenzia Letter III'').
    \10\ See Letters to Elizabeth M. Murphy, Secretary, Commission, 
from Isaac Montal, Managing Director and Deputy General Counsel, 
DTCC dated April 29, 2014 (``DTC Letter III'') and May 6, 2014 
(``DTC Letter IV'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Exchange Act \11\ provides that, after 
initiating disapproval proceedings, the Commission shall issue an order 
approving or disapproving the proposed rule change not later than 180 
days after the date of publication of notice of filing of the proposed 
rule change. The Commission may extend the period for issuing an order 
approving or disapproving the proposed rule change, however, by not 
more than 60 days if the Commission determines that a longer period is 
appropriate and publishes the reasons for such determination. The 
Proposed Rules were published for notice and comment in the Federal 
Register on December 24, 2013; June 22, 2014 is 180 days from that 
date, and August 21, 2014 is 240 days from that date.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period 
within which to issue an order approving or disapproving the Proposed 
Rules so that it has sufficient time to consider the amended proposal, 
the issues raised in the comment letters, including comment letters 
submitted in response to the Order Instituting Proceedings, and DTC's 
responses to such comments.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Exchange Act,\12\ designates August 21, 2014, as the date by which the 
Commission should either approve or disapprove the Proposed Rules (SR-
DTC-2013-11).
---------------------------------------------------------------------------

    \12\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14319 Filed 6-18-14; 8:45 am]
BILLING CODE 8011-01-P
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