Self-Regulatory Organizations; The Depository Trust Company; Order Granting Approval of Proposed Rule Change Relating To Processing of Transactions in Money Market Instruments, 4434-4437 [2017-00626]
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4434
Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices
of the Act 19 and paragraph (f) of Rule
19b–4 thereunder. 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.
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:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BatsBZX–2016–89 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BatsBZX–2016–89. 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
10:00 a.m. and 3:00 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
19 15
U.S.C. 78s(b)(3)(A).
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information that you wish to make
available publicly.
All submissions should refer to File
Number SR–BatsBZX–2016–89 and
should be submitted on or before
February 3, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–00607 Filed 1–12–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79764; File No. SR–DTC–
2016–008]
Self-Regulatory Organizations; The
Depository Trust Company; Order
Granting Approval of Proposed Rule
Change Relating To Processing of
Transactions in Money Market
Instruments
January 9, 2017.
The Depository Trust Company
(‘‘DTC’’) filed on September 23, 2016
with the Securities and Exchange
Commission (‘‘Commission’’) proposed
rule change SR–DTC–2016–008
(‘‘Proposed Rule Change’’) pursuant to
Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder.2 The Proposed Rule
Change was published for comment in
the Federal Register on October 11,
2016.3 On, November 18, 2016, the
Commission extended to January 9,
2017 the date by which it shall either
approve, disapprove, or institute
proceedings to determine whether to
approve or disapprove the Proposed
Rule Change.4 The Commission did not
receive any comments on the Proposed
Rule Change. For the reasons discussed
below, the Commission is granting
approval of the Proposed Rule Change.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Securities Exchange Act Release No. 34–79046
(October 5, 2016), 81 FR 70200 (October 11, 2016)
(SR–DTC–2016–008) (‘‘Notice’’). DTC also filed the
Proposed Rule Change as an advance notice with
the Commission, pursuant to Section 806(e)(1) of
the Payment, Clearing, and Settlement Supervision
Act of 2010 and Rule 19b–4(n)(1) under the Act. 12
U.S.C. 5465(e) and 17 CFR 240.19b–4(n)(1),
respectively. The advance notice was published in
the Federal Register on November 9, 2016.
Securities Exchange Act Release No. 79224
(November 3, 2016), 81 FR 78884 (November 9,
2016) (SR–DTC–2016–802). The Commission did
not receive any comments on the advance notice.
4 Securities Exchange Act Release No. 34–79351
(November 18, 2016), 81 FR 85295 (November 25,
2016) (SR–DTC–2016–008)
I. Description of the Proposed Rule
Change
The Proposed Rule Change is a
proposal by DTC to modify (i) the DTC
Rules, By-laws and Organization
Certificate (‘‘Rules’’),5 (ii) the DTC
Settlement Service Guide (‘‘Settlement
Guide’’),6 and (iii) the DTC Distributions
Service Guide (‘‘Distributions Guide’’),7
in order to change the way in which
DTC processes transactions in money
market instruments (‘‘MMI’’). The
proposal would affect DTC’s processing
of issuances of MMI securities as well
as maturity presentments, income
presentments, principal presentments,
and reorganization presentments
(collectively, ‘‘presentments’’ and with
issuances of MMI securities, ‘‘MMI
Obligations’’).
Specifically, DTC proposes to: (i)
With respect to delivery of MMI
securities, require purchasers of the
securities (or their custodian, if
applicable) to acknowledge that they
agree to receive the securities via DTC’s
Receiver Authorized Delivery (‘‘RAD’’)
system before DTC processes the
transaction; (ii) with respect to cash,
require an issuing and paying agent
(‘‘IPA’’) of an MMI issuer to
acknowledge its funding obligations for
MMI presentments before DTC
processes the transaction, except in
limited circumstances where there are
no funding obligations; 8 (iii) implement
an enhanced process to check certain
MMI transactions against DTC’s risk
management controls (referred to as
‘‘MMI Optimization’’); (iv) eliminate the
largest provisional net credit risk
management control; and (v) eliminate
DTC’s receive versus payment net
additions control, as described below. In
addition, the proposal would amend
DTC’s Distributions Guide to conform to
the proposed changes.
A. Background
Today, according to DTC, when an
issuer issues MMI securities at DTC, the
IPA for that issuer sends issuance
20 17
1 15
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5 Available at https://www.dtcc.com/legal/rulesand-procedures.aspx.
6 Available at https://www.dtcc.com/∼/media/
Files/Downloads/legal/service-guides/
Settlement.pdf.
7 Available at https://www.dtcc.com/∼/media/
Files/Downloads/legal/service-guides/
Distributions%20Service%20Guide%20FINAL%20
November%202014.pdf.
8 An affirmative MMI funding acknowledgement
by the IPA would not be required where the
aggregate amount of an issuer’s delivery of MMI
securities that have been approved in RAD exceeds
the aggregate amount of presentments because
payment for those securities would fully fund the
presentments. In such a case, the IPA would be
deemed to have provided a funding
acknowledgement and DTC would process the
transactions, subject to risk management controls.
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instructions to DTC electronically,
which results in crediting the applicable
MMI securities to the DTC account of
the IPA. The MMI securities are then
delivered by DTC to the accounts of the
applicable DTC participants
(‘‘Participants’’) that are purchasing the
issuance, typically as custodians for
individual investors, in accordance with
their purchase amounts. The IPA’s
delivery instructions may be free of
payment or, most often, for payment
(i.e., delivery versus payment or
‘‘DVP’’). Unlike deliveries free of
payment, DVP transactions are subject
to DTC’s risk management controls for
both the IPA and the receiving
Participants, which means they are
monitored for Net Debit Cap and
Collateral Monitor sufficiency.9
When MMI securities of a particular
acronym 10 mature, the current
presentment process involves DTC
automatically sweeping the matured
positions from the applicable
Participant accounts and debiting the
settlement account of the applicable IPA
for the amount of the matured position,
with corresponding credits made to the
settlement accounts of the deliverers.
Because presentments are currently
processed automatically at DTC, IPAs
have the option to refuse to pay (‘‘RTP’’)
for maturing MMI Obligations to protect
against the possibility that an IPA may
not be able to fund settlement because
it has not received funds from the
relevant issuer. An IPA that refuses
payment for a presentment (i.e., refuses
to make payment for the delivery of
matured MMI securities for which it is
the designated IPA and/or pay interest
or dividend income on MMI securities
for which it is the designated IPA) must
notify DTC of its RTP. An IPA may
notify DTC of an RTP until 3:00 p.m. ET
on the date of the affected presentment.
Under the current Rules, the effect of
an RTP is for DTC to reverse all
processed MMI security deliveries of
9 DVP transfers at DTC are structured so that the
completion of delivery of securities to a Participant
in end-of-day settlement is contingent on the
receiving Participant satisfying its end-of-day net
settlement obligation, if any. The risk of Participant
failure to settle is managed through risk
management controls that would enable DTC to
complete settlement despite the failure to settle of
the Participant, or affiliated family of Participants,
with the largest net settlement obligation. The two
principal controls are the Net Debit Cap and
Collateral Monitor. The largest net settlement
obligation of a Participant or affiliated family of
Participants cannot exceed DTC liquidity resources,
based on the Net Debit Cap, and must be fully
collateralized, based on the Collateral Monitor.
10 MMI of an issuer are designated by DTC using
unique four-character identifiers referred to as
acronyms. An MMI issuer can have multiple
acronyms representing its securities. MMI
transactions and other functions relating to MMI are
done on an ‘‘acronym-by-acronym’’ basis.
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that MMI acronym, including issuances,
related funds credits and debits, and
presentments, which means that the
securities would fail to settle. This
reversal of processed (but not yet
settled) transactions could override
DTC’s risk management controls (i.e.,
Collateral Monitor and Net Debit Cap)
and could result in a Participant’s
account having, unexpectedly, a net
debit balance that exceeds its Net Debit
Cap and/or having insufficient collateral
to secure its settlement obligations
throughout the day. Thus, RTPs can
create uncertainty and pose systemic
risk with respect to a Participant’s and,
ultimately, DTC’s ability to complete
end-of-day net funds settlement.
Currently, to mitigate the risks
associated with an RTP, the Rules and
the Settlement Guide provide for the
Largest Provisional Net Credit control
(‘‘LPNC Control’’). Under the LPNC
Control, DTC withholds from each
Participant’s Net Debit Cap the two
largest intraday net MMI credits owed to
that Participant. The MMI credits
withheld are not included in the
calculation of the Participant’s
Collateral Monitor or its net debit
balance. This provides protection in the
event that processed (but not yet settled)
MMI transactions are reversed by DTC
as a result of an RTP.11
According to DTC, its Rules and
procedures relating to settlement
processing for the MMI program 12 were
designed to limit credit, liquidity, and
operational risk for DTC and
Participants. In connection with
ongoing efforts by DTC to evaluate the
risk associated with the processing of
MMI Obligations, DTC has determined
that the risks presented by intra-day
reversals of processed MMI Obligations
should be eliminated to prevent the
possibility that a reversal could override
DTC’s risk controls and heighten
liquidity and settlement risk. DTC also
states that eliminating intra-day
reversals of processed MMI Obligations
would enhance intra-day finality and
allow for the elimination of the LPNC
Control, which creates intra-day
blockage and affects liquidity through
the withholding of settlement credits.
B. Proposed Changes
The proposal would eliminate
provisions for intra-day reversals of
11 See Securities Exchange Act Release No. 71888
(April 7, 2014), 79 FR 20285 (April 11, 2014) (SR–
DTC–2014–02) (clarifying the LPNC procedures in
the Settlement Guide) and Securities Exchange Act
Release No. 68983 (February 25, 2013), 78 FR 13924
(March 1, 2013) (SR–DTC–2012–10) (updating the
Rules related to LPNC).
12 The procedures applicable to MMI settlement
processing are set forth in the Settlement Guide.
Supra note 6.
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4435
processed MMI Obligations based on an
IPA’s RTP or issuer insolvency of which
DTC becomes aware, as described
below.
Pursuant to the proposal, DTC would
no longer automatically process MMI
Obligations. DTC’s processing of MMI
Obligations involves the delivery of
cash and/or securities. With respect to
securities, DTC would require
purchasers of MMI issuances (or their
custodian, if applicable) to acknowledge
in RAD that they agree to receive the
MMI securities before DTC processes
the transaction. With respect to cash, an
IPA would make an MMI funding
acknowledgment using a new DTC
platform designed to accept such
acknowledgments. When an MMI
funding acknowledgement is received,
DTC would attempt to process
transactions in the acronym(s) for which
the MMI funding acknowledgment
pertains.
If the IPA has provided an MMI
funding acknowledgment for the full
amount of presentments, then all
transactions in that acronym would be
sent to the normal DTC processing
system and tested against DTC’s risk
management controls. If the IPA
provides an MMI funding
acknowledgement for only partial
funding of the presentments, then DTC
would undertake the proposed ‘‘MMI
Optimization’’ process to determine
whether risk management controls
would be satisfied by all deliverers and
purchasers of the acronym and
determine whether all parties would
maintain adequate positions to complete
the applicable transactions. However, as
long as the issuances that could satisfy
deliverer and purchaser risk controls for
that MMI acronym are equal to or
greater than the maturing presentments
of that acronym, the applicable
transactions (i.e., those that pass risk
controls) could be processed without an
IPA’s funding acknowledgement.
If DTC does not receive the necessary
acknowledgments from both the IPA
and purchasers for an acronym for
which maturing MMI Obligations are
due on that day and/or DTC is aware,
through ordinary business channels,
that the issuer of an acronym is
insolvent (‘‘Acronym Payment
Failure’’), then DTC would not process
transactions in the acronym.13
In the event of an Acronym Payment
Failure, DTC would: (i) Prevent further
issuance and maturity activity for the
acronym in DTC’s system; (ii) prevent
13 DTC would automatically consider an
Acronym Payment Failure that occurred due to an
IPA’s failure to provide timely MMI funding
acknowledgement (i.e., provide the
acknowledgment by 3:00 p.m. ET) as an RTP.
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deliveries of MMI securities of the
acronym and halt all activity in that
acronym; (iii) set the collateral value of
the MMI securities in the acronym to
zero for purposes of calculating the
Collateral Monitor of any affected
Participant; and (iv) notify Participants
of the Acronym Payment Failure via
DTC’s current notification process.
Notwithstanding the occurrence of an
Acronym Payment Failure, the IPA
would remain liable for funding
pursuant to any MMI funding
acknowledgment previously provided
for that business day.
A ‘‘Temporary Acronym Payment
Failure’’ would occur when an IPA
notifies DTC that it temporarily refuses
to pay income presentments, and only
income presentments, for an acronym,
which typically would be due to an
issuer’s inability to fund income
presentments on that day. A Temporary
Acronym Payment Failure would only
be initiated if there are no maturity
presentments, principal presentments,
and/or reorganization presentments on
that business day. DTC would require
the issuer and/or IPA to resolve such a
situation by the next business day.
In the event of a Temporary Acronym
Payment Failure, DTC would: (i)
Temporarily devalue to zero all of the
issuer’s MMI securities for purposes of
calculating the Collateral Monitor,
unless and until the IPA acknowledges
funding with respect to the income
payments on the following business
day; (ii) notify Participants of the
delayed payment; and (iii) block from
DTC’s systems all further issuances and
maturities by that issuer for the
remainder of the business day on which
notification of the Temporary Payment
Failure was received by DTC. An IPA
would not be able to avail itself of a
Temporary Acronym Payment Failure
for the same acronym on consecutive
business days.
The Commission understands that the
proposal would not: (i) Decrease the
total number and value of transactions
that would pass DTC’s risk controls
throughout the processing day; or (ii)
increase the volume of transactions that
would fail to settle. The Commission
also understands that the proposal
would reduce blockage caused by DTC.
Non-MMI transactions and fully funded
MMI transactions would likely have a
reduction in blockage because of the
elimination of the LPNC Control. The
elimination of the LPNC Control would
no longer withhold billions of dollars of
settlement credits as it does today, thus
permitting MMI transactions subject to
the LPNC Control to process earlier in
the day. Moreover, it is expected that
the value and volume of MMI
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transactions recycling due to failure to
meet DTC’s risk management controls
during the late morning and afternoon
periods would be reduced, because of
such transactions being held outside of
DTC’s processing system while they
await the necessary acknowledgments.
Similar to the LPNC Control, the
RVPNA Control is used to prevent a
Participant from delivering free of value
or undervalued any MMI securities that
were received for payment on the same
day.14 For example, under DTC’s
current rules, if Participant A delivers
MMI securities to Participant B for
payment, and then Participant B
delivers the same MMI securities to
Participant C free of payment (subject to
risk management controls), the delivery
to Participant C is final when the
securities are credited to Participant C.
DTC would, therefore, be unable to
reverse the delivery to Participant C
and, thus, DTC could not reverse the
delivery from Participant B to
Participant A. The RVPNA Control
protects DTC against being unable to
reverse such transactions of MMI
Securities in the event of an RTP by the
IPA. Because DTC would no longer
permit the reversal of processed MMI
transactions, DTC would no longer need
the RVPNA Control.
II. Discussion and Commission
Findings
Section 19(b)(2)(C) of the Act 15
directs the Commission to approve a
proposed rule change of a selfregulatory organization if it finds that
such proposed rule change is consistent
with the requirements of the Act and
rules and regulations thereunder
applicable to such organization. The
Commission believes the Proposed Rule
Change is consistent with Section
17A(b)(3)(F) of the Act and Rule 17Ad–
22(d)(12) under the Act,16 as described
in detail below.
A. Consistency With Section
17A(b)(3)(F) of the Act
Section 17A(b)(3)(F) of the Act
requires, in part, that the rules of a
clearing agency be designed to promote
the prompt and accurate clearance and
settlement of securities transactions and
to protect investors and the public
interest.17
The Commission believes that the
Proposed Rule Change is consistent
with promoting prompt and accurate
14 For purposes of RVPNA, MMI securities are
considered undervalued if they are delivered for
less than 10 percent below market value.
15 15 U.S.C. 78s(b)(2)(C).
16 15 U.S.C. 78q–1(b)(3)(F); 17 CFR 240.17Ad–
22(d)(12).
17 15 U.S.C. 78q–1(b)(3)(F).
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clearance and settlement. First, as
described above, DTC automatically
processes MMI transactions today but
permits RTPs in order to enable IPAs to
protect against the possibility that the
IPA does not receive the necessary
funds from the relevant issuer.
However, if DTC reverses processed (but
not yet settled) MMI transactions
because of an RTP, the transactions
would fail to settle and the reversal
could override DTC’s risk management
controls.
The Proposed Rule Change would
eliminate such reversals, failures, and
possible overrides because the proposal
would require, before DTC would
process an MMI transaction, that (i)
purchasers of MMI issuances (or their
custodian, if applicable) authorize
delivery of the MMI securities, and (ii)
IPAs provide an MMI funding
acknowledgement that commits the IPA
to the acknowledge funds. If DTC does
not receive a RAD authorization or MMI
funding acknowledgement, as
applicable, it would not process the
MMI transaction. However, if a RAD
authorization or an MMI funding
acknowledgment is receive, DTC would
no longer permit an RTP for what was
authorized or acknowledge, thus
eliminating the risk that the applicable
MMI transaction would fail to settle or
override DTC’s risk management
controls due to an RTP. Although theses
proposed changes would establish new
requirements before DTC would process
such MMI transactions, the Commission
believes that the benefits of eliminating
the risk of a potential override of DTC’s
risk management controls from an RTP
supports such requirements.
Second, the Proposed Rule Change
would help ensure prompt and accurate
clearance and settlement securities by
employing the proposed MMI
Optimization. MMI Optimization
would, for MMI transactions that await
funding, continually test the net effect
of transactions, across multiple MMI
issuers, on receiving and delivering
Participants’ risk controls, and then
process the transactions once the
controls are met. As such, MMI
Optimization would help maximize
processing and facilitate more timely
settlement of MMI transactions, thus
reducing risks that transactions may not
settle.
Third, the proposed removal of the
LPNC and RVPNA Controls also would
further promote prompt clearance and
settlement. As described above, the
LPNC Control currently withholds from
each Participant the two largest intraday
net MMI credits out of all of the MMI
credits owed to that Participant in order
to protect DTC from a Participant
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breaching its Net Debit Cap or having
insufficient collateral in the event of a
reversal caused by an RTP. However,
withholding the credits makes them
unavailable to the Participant, which
can cause blockage (i.e., the failure of a
transaction to process because of
insufficient liquidity) for the
Participant. Meanwhile, the RVPNA
Control limits a Participant’s ability to
deliver MMI that the Participant is due
to receive that day. By preventing
Participants from delivering certain
MMI securities, the RVPNA Control also
can create blockage.
Because DTC would no longer process
MMI transactions without a purchaser’s
RAD authorization and an IPA’s MMI
funding acknowledgement, as
applicable, RTPs and resulting intraday
reversals no longer present the risk that
the LPNC and RVPNA Controls are
meant to address. As such, DTC would
eliminate these controls. This change
would make available to Participants
the intraday credits that were previously
withheld by those controls, which
would decrease intraday liquidity
blockage for the Participant and enable
DTC to process MMI transactions
earlier. Thus, Participants would have
less exposure to intraday reversals that
increase liquidity and settlement risk
and a more complete view of their
actual intraday net debit and credit
balances.
The Commission also believes that the
Proposed Rule Change is consistent
with protecting investors and the public
interest. As described above, DTC
would no longer automatically process
MMI presentments. Rather, DTC would
require purchasers to authorize delivery
via RAD and IPAs to provide a funding
acknowledgment before processing MMI
presentments, as applicable. Because
these changes would eliminate the risk
of reversals due to an RTP, the changes
would mitigate the risk of a potential
override of DTC’s risk management
controls. Thus, the Proposed Rule
Change would help protect investors
and the public interest by reducing
DTC’s exposure to potential failures,
promoting DTC’s safety and soundness,
and providing greater assurance that
transactions will settle despite a
Participant default.
Therefore, for the above reasons, the
Commission believes that the Proposed
Rule Change will help promote the
prompt and accurate clearance and
settlement of securities transactions and
help protect investors and the public
interest, consistent with Section
17A(b)(3)(F) of the Act, cited above.
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B. Consistency With Rule 17Ad–
22(d)(12)
Rule 17Ad–22(d)(12) under the Act
requires DTC to establish, implement,
maintain and enforce written policies
and procedures reasonably designed to
ensure that final settlement occurs no
later than the end of the settlement day;
and require that intraday or real-time
finality be provided where necessary to
reduce risks.18 Through this proposal,
DTC would no longer process MMI
transactions automatically but, rather,
would first require an IPA’s funding
acknowledgment and a purchaser’s RAD
authorization, as applicable. Where
such acknowledgements and
authorizations are provided, DTC would
no longer permit an RTP, thus
eliminating the risk of an intraday
reversal of a processed MMI transaction.
Additionally, the proposal would
eliminate the LPNC and RVPNA
Controls, which would help eliminate
blockage caused by the LPNC Control’s
withholding of Participants’ two largest
net credits for MMI transactions and the
RVPNA Control’s restriction on
delivering certain MMI securities. Each
of these proposed changes, both
individually and collectively, would
help ensure that final settlement occurs
at the end of the day. Therefore, the
Commission believes that the changes
proposed in the Advance Notice are
consistent with Rule 17Ad–22(d)(12)
under the Act.19
III. Conclusion
On the basis of the foregoing, the
Commission finds that the Proposed
Rule Change is consistent with the
requirements of the Act and in
particular with the requirements of
Section 17A of the Act 20 and the rules
and regulations thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that
proposed rule change SR–DTC–2016–
008 be, and hereby is, Approved as of
the date of this order or the date of a
notice by the Commission authorizing
DTC to implement DTC’s advance
notice proposal (SR–DTC–2016–802)
that is consistent with this Proposed
Rule Change, whichever is later.21
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.22
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–00626 Filed 1–12–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79762; File No. SR–
BatsBZX–2016–90]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Modify Fees
for Connectivity and Its
Communication and Routing Service
Known as Bats Connect
January 9, 2017.
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 December
27, 2016, Bats BZX Exchange, Inc.
(‘‘Exchange’’ or ‘‘BZX’’) 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 Exchange. The
Exchange has designated the proposed
rule change as one establishing or
changing a member due, fee, or other
charge imposed by the Exchange under
Section 19(b)(3)(A)(ii) of the Act 3 and
Rule 19b–4(f)(2) thereunder,4 which
renders the proposed rule change
effective upon filing with the
Commission. 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 filed a proposal to
amend the fee schedule applicable to
Members 5 and non-members of the
Exchange pursuant to BZX Rules 15.1(a)
and (c) to modify its fees for its equity
options platform (‘‘BZX Options’’) for
physical ports and for the use of a
communication and routing service
known as Bats Connect.
22 17
18 17
19 Id.
20 15
U.S.C. 78q–1.
approving the proposed rule change, the
Commission considered the proposals’ impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
21 In
PO 00000
Frm 00159
Fmt 4703
Sfmt 4703
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 The term ‘‘Member’’ is defined as ‘‘any
registered broker or dealer that has been admitted
to membership in the Exchange.’’ See Exchange
Rule 1.5(n).
1 15
CFR 240.17Ad–22(d)(12).
4437
E:\FR\FM\13JAN1.SGM
13JAN1
Agencies
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4434-4437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00626]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79764; File No. SR-DTC-2016-008]
Self-Regulatory Organizations; The Depository Trust Company;
Order Granting Approval of Proposed Rule Change Relating To Processing
of Transactions in Money Market Instruments
January 9, 2017.
The Depository Trust Company (``DTC'') filed on September 23, 2016
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-DTC-2016-008 (``Proposed Rule Change'') pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder.\2\ The Proposed Rule Change was published
for comment in the Federal Register on October 11, 2016.\3\ On,
November 18, 2016, the Commission extended to January 9, 2017 the date
by which it shall either approve, disapprove, or institute proceedings
to determine whether to approve or disapprove the Proposed Rule
Change.\4\ The Commission did not receive any comments on the Proposed
Rule Change. For the reasons discussed below, the Commission is
granting approval of the Proposed Rule Change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Securities Exchange Act Release No. 34-79046 (October 5,
2016), 81 FR 70200 (October 11, 2016) (SR-DTC-2016-008)
(``Notice''). DTC also filed the Proposed Rule Change as an advance
notice with the Commission, pursuant to Section 806(e)(1) of the
Payment, Clearing, and Settlement Supervision Act of 2010 and Rule
19b-4(n)(1) under the Act. 12 U.S.C. 5465(e) and 17 CFR 240.19b-
4(n)(1), respectively. The advance notice was published in the
Federal Register on November 9, 2016. Securities Exchange Act
Release No. 79224 (November 3, 2016), 81 FR 78884 (November 9, 2016)
(SR-DTC-2016-802). The Commission did not receive any comments on
the advance notice.
\4\ Securities Exchange Act Release No. 34-79351 (November 18,
2016), 81 FR 85295 (November 25, 2016) (SR-DTC-2016-008)
---------------------------------------------------------------------------
I. Description of the Proposed Rule Change
The Proposed Rule Change is a proposal by DTC to modify (i) the DTC
Rules, By-laws and Organization Certificate (``Rules''),\5\ (ii) the
DTC Settlement Service Guide (``Settlement Guide''),\6\ and (iii) the
DTC Distributions Service Guide (``Distributions Guide''),\7\ in order
to change the way in which DTC processes transactions in money market
instruments (``MMI''). The proposal would affect DTC's processing of
issuances of MMI securities as well as maturity presentments, income
presentments, principal presentments, and reorganization presentments
(collectively, ``presentments'' and with issuances of MMI securities,
``MMI Obligations'').
---------------------------------------------------------------------------
\5\ Available at https://www.dtcc.com/legal/rules-and-procedures.aspx.
\6\ Available at https://www.dtcc.com/~/media/Files/Downloads/
legal/service-guides/Settlement.pdf.
\7\ Available at https://www.dtcc.com/~/media/Files/Downloads/
legal/service-guides/
Distributions%20Service%20Guide%20FINAL%20November%202014.pdf.
---------------------------------------------------------------------------
Specifically, DTC proposes to: (i) With respect to delivery of MMI
securities, require purchasers of the securities (or their custodian,
if applicable) to acknowledge that they agree to receive the securities
via DTC's Receiver Authorized Delivery (``RAD'') system before DTC
processes the transaction; (ii) with respect to cash, require an
issuing and paying agent (``IPA'') of an MMI issuer to acknowledge its
funding obligations for MMI presentments before DTC processes the
transaction, except in limited circumstances where there are no funding
obligations; \8\ (iii) implement an enhanced process to check certain
MMI transactions against DTC's risk management controls (referred to as
``MMI Optimization''); (iv) eliminate the largest provisional net
credit risk management control; and (v) eliminate DTC's receive versus
payment net additions control, as described below. In addition, the
proposal would amend DTC's Distributions Guide to conform to the
proposed changes.
---------------------------------------------------------------------------
\8\ An affirmative MMI funding acknowledgement by the IPA would
not be required where the aggregate amount of an issuer's delivery
of MMI securities that have been approved in RAD exceeds the
aggregate amount of presentments because payment for those
securities would fully fund the presentments. In such a case, the
IPA would be deemed to have provided a funding acknowledgement and
DTC would process the transactions, subject to risk management
controls.
---------------------------------------------------------------------------
A. Background
Today, according to DTC, when an issuer issues MMI securities at
DTC, the IPA for that issuer sends issuance
[[Page 4435]]
instructions to DTC electronically, which results in crediting the
applicable MMI securities to the DTC account of the IPA. The MMI
securities are then delivered by DTC to the accounts of the applicable
DTC participants (``Participants'') that are purchasing the issuance,
typically as custodians for individual investors, in accordance with
their purchase amounts. The IPA's delivery instructions may be free of
payment or, most often, for payment (i.e., delivery versus payment or
``DVP''). Unlike deliveries free of payment, DVP transactions are
subject to DTC's risk management controls for both the IPA and the
receiving Participants, which means they are monitored for Net Debit
Cap and Collateral Monitor sufficiency.\9\
---------------------------------------------------------------------------
\9\ DVP transfers at DTC are structured so that the completion
of delivery of securities to a Participant in end-of-day settlement
is contingent on the receiving Participant satisfying its end-of-day
net settlement obligation, if any. The risk of Participant failure
to settle is managed through risk management controls that would
enable DTC to complete settlement despite the failure to settle of
the Participant, or affiliated family of Participants, with the
largest net settlement obligation. The two principal controls are
the Net Debit Cap and Collateral Monitor. The largest net settlement
obligation of a Participant or affiliated family of Participants
cannot exceed DTC liquidity resources, based on the Net Debit Cap,
and must be fully collateralized, based on the Collateral Monitor.
---------------------------------------------------------------------------
When MMI securities of a particular acronym \10\ mature, the
current presentment process involves DTC automatically sweeping the
matured positions from the applicable Participant accounts and debiting
the settlement account of the applicable IPA for the amount of the
matured position, with corresponding credits made to the settlement
accounts of the deliverers. Because presentments are currently
processed automatically at DTC, IPAs have the option to refuse to pay
(``RTP'') for maturing MMI Obligations to protect against the
possibility that an IPA may not be able to fund settlement because it
has not received funds from the relevant issuer. An IPA that refuses
payment for a presentment (i.e., refuses to make payment for the
delivery of matured MMI securities for which it is the designated IPA
and/or pay interest or dividend income on MMI securities for which it
is the designated IPA) must notify DTC of its RTP. An IPA may notify
DTC of an RTP until 3:00 p.m. ET on the date of the affected
presentment.
---------------------------------------------------------------------------
\10\ MMI of an issuer are designated by DTC using unique four-
character identifiers referred to as acronyms. An MMI issuer can
have multiple acronyms representing its securities. MMI transactions
and other functions relating to MMI are done on an ``acronym-by-
acronym'' basis.
---------------------------------------------------------------------------
Under the current Rules, the effect of an RTP is for DTC to reverse
all processed MMI security deliveries of that MMI acronym, including
issuances, related funds credits and debits, and presentments, which
means that the securities would fail to settle. This reversal of
processed (but not yet settled) transactions could override DTC's risk
management controls (i.e., Collateral Monitor and Net Debit Cap) and
could result in a Participant's account having, unexpectedly, a net
debit balance that exceeds its Net Debit Cap and/or having insufficient
collateral to secure its settlement obligations throughout the day.
Thus, RTPs can create uncertainty and pose systemic risk with respect
to a Participant's and, ultimately, DTC's ability to complete end-of-
day net funds settlement.
Currently, to mitigate the risks associated with an RTP, the Rules
and the Settlement Guide provide for the Largest Provisional Net Credit
control (``LPNC Control''). Under the LPNC Control, DTC withholds from
each Participant's Net Debit Cap the two largest intraday net MMI
credits owed to that Participant. The MMI credits withheld are not
included in the calculation of the Participant's Collateral Monitor or
its net debit balance. This provides protection in the event that
processed (but not yet settled) MMI transactions are reversed by DTC as
a result of an RTP.\11\
---------------------------------------------------------------------------
\11\ See Securities Exchange Act Release No. 71888 (April 7,
2014), 79 FR 20285 (April 11, 2014) (SR-DTC-2014-02) (clarifying the
LPNC procedures in the Settlement Guide) and Securities Exchange Act
Release No. 68983 (February 25, 2013), 78 FR 13924 (March 1, 2013)
(SR-DTC-2012-10) (updating the Rules related to LPNC).
---------------------------------------------------------------------------
According to DTC, its Rules and procedures relating to settlement
processing for the MMI program \12\ were designed to limit credit,
liquidity, and operational risk for DTC and Participants. In connection
with ongoing efforts by DTC to evaluate the risk associated with the
processing of MMI Obligations, DTC has determined that the risks
presented by intra-day reversals of processed MMI Obligations should be
eliminated to prevent the possibility that a reversal could override
DTC's risk controls and heighten liquidity and settlement risk. DTC
also states that eliminating intra-day reversals of processed MMI
Obligations would enhance intra-day finality and allow for the
elimination of the LPNC Control, which creates intra-day blockage and
affects liquidity through the withholding of settlement credits.
---------------------------------------------------------------------------
\12\ The procedures applicable to MMI settlement processing are
set forth in the Settlement Guide. Supra note 6.
---------------------------------------------------------------------------
B. Proposed Changes
The proposal would eliminate provisions for intra-day reversals of
processed MMI Obligations based on an IPA's RTP or issuer insolvency of
which DTC becomes aware, as described below.
Pursuant to the proposal, DTC would no longer automatically process
MMI Obligations. DTC's processing of MMI Obligations involves the
delivery of cash and/or securities. With respect to securities, DTC
would require purchasers of MMI issuances (or their custodian, if
applicable) to acknowledge in RAD that they agree to receive the MMI
securities before DTC processes the transaction. With respect to cash,
an IPA would make an MMI funding acknowledgment using a new DTC
platform designed to accept such acknowledgments. When an MMI funding
acknowledgement is received, DTC would attempt to process transactions
in the acronym(s) for which the MMI funding acknowledgment pertains.
If the IPA has provided an MMI funding acknowledgment for the full
amount of presentments, then all transactions in that acronym would be
sent to the normal DTC processing system and tested against DTC's risk
management controls. If the IPA provides an MMI funding acknowledgement
for only partial funding of the presentments, then DTC would undertake
the proposed ``MMI Optimization'' process to determine whether risk
management controls would be satisfied by all deliverers and purchasers
of the acronym and determine whether all parties would maintain
adequate positions to complete the applicable transactions. However, as
long as the issuances that could satisfy deliverer and purchaser risk
controls for that MMI acronym are equal to or greater than the maturing
presentments of that acronym, the applicable transactions (i.e., those
that pass risk controls) could be processed without an IPA's funding
acknowledgement.
If DTC does not receive the necessary acknowledgments from both the
IPA and purchasers for an acronym for which maturing MMI Obligations
are due on that day and/or DTC is aware, through ordinary business
channels, that the issuer of an acronym is insolvent (``Acronym Payment
Failure''), then DTC would not process transactions in the acronym.\13\
---------------------------------------------------------------------------
\13\ DTC would automatically consider an Acronym Payment Failure
that occurred due to an IPA's failure to provide timely MMI funding
acknowledgement (i.e., provide the acknowledgment by 3:00 p.m. ET)
as an RTP.
---------------------------------------------------------------------------
In the event of an Acronym Payment Failure, DTC would: (i) Prevent
further issuance and maturity activity for the acronym in DTC's system;
(ii) prevent
[[Page 4436]]
deliveries of MMI securities of the acronym and halt all activity in
that acronym; (iii) set the collateral value of the MMI securities in
the acronym to zero for purposes of calculating the Collateral Monitor
of any affected Participant; and (iv) notify Participants of the
Acronym Payment Failure via DTC's current notification process.
Notwithstanding the occurrence of an Acronym Payment Failure, the IPA
would remain liable for funding pursuant to any MMI funding
acknowledgment previously provided for that business day.
A ``Temporary Acronym Payment Failure'' would occur when an IPA
notifies DTC that it temporarily refuses to pay income presentments,
and only income presentments, for an acronym, which typically would be
due to an issuer's inability to fund income presentments on that day. A
Temporary Acronym Payment Failure would only be initiated if there are
no maturity presentments, principal presentments, and/or reorganization
presentments on that business day. DTC would require the issuer and/or
IPA to resolve such a situation by the next business day.
In the event of a Temporary Acronym Payment Failure, DTC would: (i)
Temporarily devalue to zero all of the issuer's MMI securities for
purposes of calculating the Collateral Monitor, unless and until the
IPA acknowledges funding with respect to the income payments on the
following business day; (ii) notify Participants of the delayed
payment; and (iii) block from DTC's systems all further issuances and
maturities by that issuer for the remainder of the business day on
which notification of the Temporary Payment Failure was received by
DTC. An IPA would not be able to avail itself of a Temporary Acronym
Payment Failure for the same acronym on consecutive business days.
The Commission understands that the proposal would not: (i)
Decrease the total number and value of transactions that would pass
DTC's risk controls throughout the processing day; or (ii) increase the
volume of transactions that would fail to settle. The Commission also
understands that the proposal would reduce blockage caused by DTC. Non-
MMI transactions and fully funded MMI transactions would likely have a
reduction in blockage because of the elimination of the LPNC Control.
The elimination of the LPNC Control would no longer withhold billions
of dollars of settlement credits as it does today, thus permitting MMI
transactions subject to the LPNC Control to process earlier in the day.
Moreover, it is expected that the value and volume of MMI transactions
recycling due to failure to meet DTC's risk management controls during
the late morning and afternoon periods would be reduced, because of
such transactions being held outside of DTC's processing system while
they await the necessary acknowledgments.
Similar to the LPNC Control, the RVPNA Control is used to prevent a
Participant from delivering free of value or undervalued any MMI
securities that were received for payment on the same day.\14\ For
example, under DTC's current rules, if Participant A delivers MMI
securities to Participant B for payment, and then Participant B
delivers the same MMI securities to Participant C free of payment
(subject to risk management controls), the delivery to Participant C is
final when the securities are credited to Participant C. DTC would,
therefore, be unable to reverse the delivery to Participant C and,
thus, DTC could not reverse the delivery from Participant B to
Participant A. The RVPNA Control protects DTC against being unable to
reverse such transactions of MMI Securities in the event of an RTP by
the IPA. Because DTC would no longer permit the reversal of processed
MMI transactions, DTC would no longer need the RVPNA Control.
---------------------------------------------------------------------------
\14\ For purposes of RVPNA, MMI securities are considered
undervalued if they are delivered for less than 10 percent below
market value.
---------------------------------------------------------------------------
II. Discussion and Commission Findings
Section 19(b)(2)(C) of the Act \15\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. The Commission believes the Proposed Rule Change
is consistent with Section 17A(b)(3)(F) of the Act and Rule 17Ad-
22(d)(12) under the Act,\16\ as described in detail below.
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\15\ 15 U.S.C. 78s(b)(2)(C).
\16\ 15 U.S.C. 78q-1(b)(3)(F); 17 CFR 240.17Ad-22(d)(12).
---------------------------------------------------------------------------
A. Consistency With Section 17A(b)(3)(F) of the Act
Section 17A(b)(3)(F) of the Act requires, in part, that the rules
of a clearing agency be designed to promote the prompt and accurate
clearance and settlement of securities transactions and to protect
investors and the public interest.\17\
---------------------------------------------------------------------------
\17\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
The Commission believes that the Proposed Rule Change is consistent
with promoting prompt and accurate clearance and settlement. First, as
described above, DTC automatically processes MMI transactions today but
permits RTPs in order to enable IPAs to protect against the possibility
that the IPA does not receive the necessary funds from the relevant
issuer. However, if DTC reverses processed (but not yet settled) MMI
transactions because of an RTP, the transactions would fail to settle
and the reversal could override DTC's risk management controls.
The Proposed Rule Change would eliminate such reversals, failures,
and possible overrides because the proposal would require, before DTC
would process an MMI transaction, that (i) purchasers of MMI issuances
(or their custodian, if applicable) authorize delivery of the MMI
securities, and (ii) IPAs provide an MMI funding acknowledgement that
commits the IPA to the acknowledge funds. If DTC does not receive a RAD
authorization or MMI funding acknowledgement, as applicable, it would
not process the MMI transaction. However, if a RAD authorization or an
MMI funding acknowledgment is receive, DTC would no longer permit an
RTP for what was authorized or acknowledge, thus eliminating the risk
that the applicable MMI transaction would fail to settle or override
DTC's risk management controls due to an RTP. Although theses proposed
changes would establish new requirements before DTC would process such
MMI transactions, the Commission believes that the benefits of
eliminating the risk of a potential override of DTC's risk management
controls from an RTP supports such requirements.
Second, the Proposed Rule Change would help ensure prompt and
accurate clearance and settlement securities by employing the proposed
MMI Optimization. MMI Optimization would, for MMI transactions that
await funding, continually test the net effect of transactions, across
multiple MMI issuers, on receiving and delivering Participants' risk
controls, and then process the transactions once the controls are met.
As such, MMI Optimization would help maximize processing and facilitate
more timely settlement of MMI transactions, thus reducing risks that
transactions may not settle.
Third, the proposed removal of the LPNC and RVPNA Controls also
would further promote prompt clearance and settlement. As described
above, the LPNC Control currently withholds from each Participant the
two largest intraday net MMI credits out of all of the MMI credits owed
to that Participant in order to protect DTC from a Participant
[[Page 4437]]
breaching its Net Debit Cap or having insufficient collateral in the
event of a reversal caused by an RTP. However, withholding the credits
makes them unavailable to the Participant, which can cause blockage
(i.e., the failure of a transaction to process because of insufficient
liquidity) for the Participant. Meanwhile, the RVPNA Control limits a
Participant's ability to deliver MMI that the Participant is due to
receive that day. By preventing Participants from delivering certain
MMI securities, the RVPNA Control also can create blockage.
Because DTC would no longer process MMI transactions without a
purchaser's RAD authorization and an IPA's MMI funding acknowledgement,
as applicable, RTPs and resulting intraday reversals no longer present
the risk that the LPNC and RVPNA Controls are meant to address. As
such, DTC would eliminate these controls. This change would make
available to Participants the intraday credits that were previously
withheld by those controls, which would decrease intraday liquidity
blockage for the Participant and enable DTC to process MMI transactions
earlier. Thus, Participants would have less exposure to intraday
reversals that increase liquidity and settlement risk and a more
complete view of their actual intraday net debit and credit balances.
The Commission also believes that the Proposed Rule Change is
consistent with protecting investors and the public interest. As
described above, DTC would no longer automatically process MMI
presentments. Rather, DTC would require purchasers to authorize
delivery via RAD and IPAs to provide a funding acknowledgment before
processing MMI presentments, as applicable. Because these changes would
eliminate the risk of reversals due to an RTP, the changes would
mitigate the risk of a potential override of DTC's risk management
controls. Thus, the Proposed Rule Change would help protect investors
and the public interest by reducing DTC's exposure to potential
failures, promoting DTC's safety and soundness, and providing greater
assurance that transactions will settle despite a Participant default.
Therefore, for the above reasons, the Commission believes that the
Proposed Rule Change will help promote the prompt and accurate
clearance and settlement of securities transactions and help protect
investors and the public interest, consistent with Section 17A(b)(3)(F)
of the Act, cited above.
B. Consistency With Rule 17Ad-22(d)(12)
Rule 17Ad-22(d)(12) under the Act requires DTC to establish,
implement, maintain and enforce written policies and procedures
reasonably designed to ensure that final settlement occurs no later
than the end of the settlement day; and require that intraday or real-
time finality be provided where necessary to reduce risks.\18\ Through
this proposal, DTC would no longer process MMI transactions
automatically but, rather, would first require an IPA's funding
acknowledgment and a purchaser's RAD authorization, as applicable.
Where such acknowledgements and authorizations are provided, DTC would
no longer permit an RTP, thus eliminating the risk of an intraday
reversal of a processed MMI transaction. Additionally, the proposal
would eliminate the LPNC and RVPNA Controls, which would help eliminate
blockage caused by the LPNC Control's withholding of Participants' two
largest net credits for MMI transactions and the RVPNA Control's
restriction on delivering certain MMI securities. Each of these
proposed changes, both individually and collectively, would help ensure
that final settlement occurs at the end of the day. Therefore, the
Commission believes that the changes proposed in the Advance Notice are
consistent with Rule 17Ad-22(d)(12) under the Act.\19\
---------------------------------------------------------------------------
\18\ 17 CFR 240.17Ad-22(d)(12).
\19\ Id.
---------------------------------------------------------------------------
III. Conclusion
On the basis of the foregoing, the Commission finds that the
Proposed Rule Change is consistent with the requirements of the Act and
in particular with the requirements of Section 17A of the Act \20\ and
the rules and regulations thereunder.
---------------------------------------------------------------------------
\20\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------
It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that proposed rule change SR-DTC-2016-008 be, and hereby is, Approved
as of the date of this order or the date of a notice by the Commission
authorizing DTC to implement DTC's advance notice proposal (SR-DTC-
2016-802) that is consistent with this Proposed Rule Change, whichever
is later.\21\
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\21\ In approving the proposed rule change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------
\22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-00626 Filed 1-12-17; 8:45 am]
BILLING CODE 8011-01-P