Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change Amending Its Listing Standards for Special Purpose Acquisition Companies To Modify the Initial and Continued Distribution Requirements, 24173-24174 [2017-10691]
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Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices
investors with greater ability to hold
Shares based on underlying indexes that
may accord more closely with an
investor’s assessment of market risk.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,13 the Exchange believes that the
proposed rule change would not impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change would explicitly
permit Exchange listing and trading
under Rule 19b–4(e) of Shares based on
indexes that include cash as a
component, which would enhance
competition among market participants,
to the benefit of investors and the
marketplace.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
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 such
proposed rule change; or (b) institute
proceedings to determine whether the
proposed rule change should be
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:
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
All submissions should refer to File
Number SR–BatsBZX–2017–26. 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 such
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–
BatsBZX–2017–26, and should be
submitted on or before June 15, 2017.
[Release No. 34–80735; File No. SR–NYSE–
2017–11]
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–10686 Filed 5–24–17; 8:45 am]
BILLING CODE 8011–01–P
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–2017–26 on the subject line.
U.S.C. 78f(b)(8).
VerDate Sep<11>2014
18:04 May 24, 2017
May 19, 2017.
On March 20, 2017, the New York
Stock Exchange LLC (‘‘NYSE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend its listing standards for Special
Purpose Acquisition Companies
(‘‘SPAC’’) to modify the initial and
continued distribution requirements,
and to make other minor changes. The
proposed rule change was published for
comment in the Federal Register on
April 6, 2017.3 The Commission
received no comments on the proposal.
Section 19(b)(2) of the Act 4 provides
that within 45 days of the notice
publication of the filing of a proposed
rule change, or within such longer
period up to 90 days as the Commission
may designate if it finds such longer
period to be appropriate and publishes
its reasons for so finding, or as to which
the self-regulatory organization
consents, the Commission shall either
approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether the proposed rule change
should be disapproved. The 45th day
after publication of the notice for this
proposed rule change is May 21, 2017.
The Commission is extending this 45day time period. The Commission finds
it appropriate to designate a longer
period within which to take action on
the proposed rule change so that it has
sufficient time to consider the proposal.
Accordingly, the Commission, pursuant
to Section 19(b)(2) of the Act,5
designates July 5, 2017, as the date by
which the Commission shall either
approve or disapprove, or institute
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 80358
(March 31, 2017), 82 FR 16865 (April 6, 2017)
(‘‘Notice’’).
4 15 U.S.C. 78s(b)(2).
5 Id.
2 17
14 17
Jkt 241001
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Designation of a Longer Period for
Commission Action on Proposed Rule
Change Amending Its Listing
Standards for Special Purpose
Acquisition Companies To Modify the
Initial and Continued Distribution
Requirements
1 15
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
13 15
24173
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices
proceedings to determine whether to
disapprove, the proposed rule change
(File No. SR–NYSE–2017–11).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–10691 Filed 5–24–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80731; File Nos. SR–DTC–
2017–801; SR–FICC–2017–804; SR–NSCC–
2017–801]
Self-Regulatory Organizations; The
Depository Trust Company; Fixed
Income Clearing Corporation; National
Securities Clearing Corporation;
Notice of No Objection to Advance
Notices To Enhance the Credit Risk
Rating Matrix and Make Other Changes
May 19, 2017.
On March 22, 2017, The Depository
Trust Company (‘‘DTC’’), Fixed Income
Clearing Corporation (‘‘FICC’’), and
National Securities Clearing Corporation
(‘‘NSCC,’’ each a ‘‘Clearing Agency,’’
and collectively, ‘‘Clearing Agencies’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’),
respectively advance notices SR–DTC–
2017–801, SR–FICC–2017–804, and SR–
NSCC–2017–801 (collectively, the
‘‘Advance Notices’’) pursuant to section
806(e)(1) of the Payment, Clearing, and
Settlement Supervision Act of 2010
(‘‘Clearing Supervision Act’’) 1 and Rule
19b–4(n)(1)(i) 2 under the Securities
Exchange Act of 1934 (‘‘Exchange
Act’’).3 The Advance Notices were
published for comment in the Federal
Register on April 7, 2017.4 The
6 17
CFR 200.30–3(a)(31).
U.S.C. 5465(e)(1). The Financial Stability
Oversight Council designated the Clearing Agencies
systemically important financial market utilities on
July 18, 2012. Financial Stability Oversight Council
2012 Annual Report, Appendix A, https://
www.treasury.gov/initiatives/fsoc/Documents/
2012%20Annual%20Report.pdf. Therefore, the
Clearing Agencies are required to comply with the
Clearing Supervision Act and file advance notices
with the Commission. 12 U.S.C. 5465(e).
2 17 CFR 240.19b–4(n)(1)(i).
3 15 U.S.C. 78s(b)(1).
4 Securities Exchange Act Release Nos. 80395
(April 7, 2017), 82 FR 17921 (April 13, 2017) (SR–
NSCC–2017–801); 80396 (April 7, 2017), 82 FR
17906 (April 13, 2017) (SR–FICC–2017–804); and
80394 (April 7, 2017), 82 FR 17901 (April 13, 2017)
(SR–DTC–2017–801) (‘‘Notices’’). The Clearing
Agencies also filed proposed rule changes with the
Commission pursuant to section 19(b)(1) of the
Exchange Act and Rule 19b–4 thereunder, seeking
approval of changes to their Rules necessary to
implement the proposal. 15 U.S.C. 78s(b)(1) and 17
CFR 240.19b–4, respectively. The proposed rule
1 12
VerDate Sep<11>2014
18:04 May 24, 2017
Jkt 241001
Commission received no comments to
the Advance Notices. This publication
serves as notice that the Commission
does not object to the changes set forth
in the Advance Notices.
I. Description of the Advance Notices
The Advance Notices consist of
proposed modifications to the Rules,
By-Laws and Organizational Certificate
of DTC (‘‘DTC Rules’’), the Rulebook of
GSD (‘‘GSD Rules’’), the Clearing Rules
of MBSD (‘‘MBSD Rules’’), and the
Rules & Procedures of NSCC (‘‘NSCC
Rules’’) (collectively, the ‘‘Rules’’).5 The
Advance Notices are proposals by the
Clearing Agencies to amend the Rules
to: (i) Enhance their shared credit risk
rating matrix (‘‘Credit Risk Rating
Matrix’’ or ‘‘CRRM’’), which was
developed by the Clearing Agencies to
evaluate the credit risks posed by
certain Clearing Agency members to the
Clearing Agencies (and by implication
to all of the Clearing Agency members),
as a result of providing services to such
members; and (ii) make other
amendments to the Rules, both related
and unrelated to the CRRM, to provide
more transparency and description
regarding the Clearing Agencies’ current
ongoing membership monitoring
process, as described below.
Currently, the CRRM rates the credit
risk presented by members of the
Clearing Agencies that are U.S. brokerdealers and U.S. banks. The CRRM
assigns a credit rating based on certain
quantitative factors (‘‘Credit Rating’’),
which vary based upon whether the
member is a broker-dealer or bank.6 The
current CRRM also uses a relative
scoring approach (i.e., rating
changes were published for comment in the Federal
Register on April 11, 2017. Securities Exchange Act
Release Nos. 30383 (April 5, 2017), 82 FR 17468
(April 11, 2017) (SR–FICC–2017–006); 80382 (April
5, 2017), 82 FR 17483 (April 11, 2017) (SR–DTC–
2017–002); and 80381 (April 5, 2017), 82 FR 17475
(April 11, 2017) (SR–NSCC–2017–002). The
Commission did not receive any comments on the
proposed rule changes.
5 Available at https://www.dtcc.com/en/legal/
rules-and-procedures. FICC is comprised of two
divisions: The Government Securities Division
(‘‘GSD’’) and the Mortgage-Backed Securities
Division (‘‘MBSD’’). Each division serves as a
central counterparty, becoming the buyer and seller
to each of their respective members’ securities
transactions and guarantying settlement of those
transactions, even if a member defaults. GSD
provides, among other things, clearance and
settlement for trades in U.S. Government debt
issues. MBSD provides, among other things,
clearance and settlement for trades in mortgagebacked securities. GSD and MBSD maintain
separate sets of rules, margin models, and clearing
funds.
6 For U.S. broker-dealers, the Clearing Agencies
consider size (i.e., total excess net capital), capital,
leverage, liquidity, and profitability. For U.S. banks,
the Clearing Agencies consider size, capital, asset
quality, earnings, and liquidity.
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participants on a curve) and relies on
peer grouping of members to calculate
the Credit Rating of a member.
Ultimately, the ratings generated are
based on a 7-point rating system, with
‘‘1’’ being the strongest Credit Rating
and ‘‘7’’ being the weakest Credit
Rating. Although the current CRRM
does not directly consider qualitative
factors, the Clearing Agencies’ credit
risk staff may manually downgrade a
particular member’s Credit Rating based
on various qualitative factors.7 Members
that receive a Credit Rating of 5, 6, or
7 are placed on the Clearing Agencies’
‘‘Watch List,’’ as these members present
a greater risk of default.8
To improve the coverage and the
effectiveness of the current CRRM, the
Clearing Agencies are proposing three
enhancements, as discussed below. In
addition to the enhancements, the
Clearing Agencies also propose to make
other changes to their Rules to more
fully describe the Clearing Agencies’
current ongoing membership monitoring
process, both related and unrelated to
the CRRM, also discussed below.9
A. Proposed CRRM Enhancements
Currently, the CRRM is comprised of
two Credit Rating models—one for U.S.
broker-dealers and one for U.S. banks.
The first proposed enhancement would
expand the CRRM by adding a third
model that would enable the CRRM to
generate Credit Ratings for members that
are foreign banks or foreign trust
companies that have audited financial
data that is publicly available. The
Credit Rating for these particular
members would be based on both
quantitative and qualitative factors, as
indicated in the second enhancement,
below. According to the Clearing
Agencies, the expected benefit of this
expansion and enhancement of the
CRRM would be that the Clearing
Agencies could better evaluate the
default risk of their foreign bank or
foreign trust company members.
The second proposed enhancement
would supplement the Clearing
Agencies’ ability to manually
downgrade members by incorporating
7 Quantitative factors currently considered by the
Clearing Agencies include: (a) Available news
reports and/or regulatory observations relating to
the member; (b) member’s liquidity arrangements;
and (c) material changes to the member’s
organizational structure.
8 Members on the Watch List are subject to
enhanced surveillance by the Clearing Agencies and
additional margin charges.
9 Although each of the Clearing Agencies uses the
CRRM uniformly, the description of the respective
Clearing Agencies’ Rules regarding the CRRM are
different. To address this issue, the Clearing
Agencies propose to adopt similar Rules at each
Clearing Agency.
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[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24173-24174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10691]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-80735; File No. SR-NYSE-2017-11]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change Amending Its Listing Standards for Special Purpose
Acquisition Companies To Modify the Initial and Continued Distribution
Requirements
May 19, 2017.
On March 20, 2017, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend its listing standards for Special Purpose
Acquisition Companies (``SPAC'') to modify the initial and continued
distribution requirements, and to make other minor changes. The
proposed rule change was published for comment in the Federal Register
on April 6, 2017.\3\ The Commission received no comments on the
proposal.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 80358 (March 31,
2017), 82 FR 16865 (April 6, 2017) (``Notice'').
---------------------------------------------------------------------------
Section 19(b)(2) of the Act \4\ provides that within 45 days of the
notice publication of the filing of a proposed rule change, or within
such longer period up to 90 days as the Commission may designate if it
finds such longer period to be appropriate and publishes its reasons
for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is May 21, 2017. The Commission is extending this 45-day time period.
The Commission finds it appropriate to designate a longer period within
which to take action on the proposed rule change so that it has
sufficient time to consider the proposal. Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,\5\ designates July 5, 2017, as
the date by which the Commission shall either approve or disapprove, or
institute
[[Page 24174]]
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-NYSE-2017-11).
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(2).
\5\ Id.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------
\6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10691 Filed 5-24-17; 8:45 am]
BILLING CODE 8011-01-P