Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make Clarifications and Corrections to the Government Securities Division Rulebook, the Mortgage-Backed Securities Division Clearing Rules and the Mortgage-Backed Securities Division EPN Rules, 29355-29359 [2017-13490]
Download as PDF
Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices
investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
2017–59 and should be submitted on or
before July 19, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–13475 Filed 6–27–17; 8:45 am]
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
ISE–2017–59 on the subject line.
Paper Comments
asabaliauskas on DSKBBXCHB2PROD with NOTICES
• 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–ISE–2017–59. 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
information that you wish to make
available publicly. All submissions
should refer to File Number SR–ISE–
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BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80998; File No. SR–IEX–
2017–10]
Self-Regulatory Organizations;
Investors Exchange LLC; Notice of
Designation of a Longer Period for
Commission Action on a Proposed
Rule Change Related to Auctions in
IEX-Listed Securities, Dissemination of
Auction-Related Market Data, and
Provisions Governing Trading Halts
and Pauses
June 22, 2017.
On April 20, 2017, the Investors
Exchange LLC (‘‘IEX’’ or the
‘‘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
adopt rules governing auctions
conducted on the Exchange for IEXlisted securities, provide for the
dissemination of auction-related market
data, and add rule provisions governing
trading halts and trading pauses in IEXlisted securities pursuant to the Limit
Up-Limit Down Plan. The proposed rule
change was published for comment in
the Federal Register on May 9, 2017.3
The Commission received one comment
regarding the proposed rule change.4
The Exchange responded to the
comment on June 5, 2017.5
Section 19(b)(2) of the Act 6 provides
that within 45 days of the publication of
notice 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
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 80583
(May 3, 2017), 82 FR 21634.
4 See letter to Brent J. Fields, Secretary,
Commission, from Joan C. Conley, Senior Vice
President and Corporate Secretary, The NASDAQ
Stock Market LLC, dated May 30, 2017.
5 See letter to Brent J. Fields, Secretary,
Commission, from Sophia Lee, General Counsel,
IEX, dated June 5, 2017.
6 15 U.S.C. 78s(b)(2).
1 15
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29355
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 June 23, 2017.
The Commission is extending this 45day time period for Commission action
on the proposed rule change.
The Commission finds that it is
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 proposed
rule change. Accordingly, the
Commission, pursuant to Section
19(b)(2) of the Act,7 designates August
7, 2017, as the date by which the
Commission shall either approve or
disapprove, or institute proceedings to
determine whether to disapprove, the
proposed rule change (File No. SR–IEX–
2017–10).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–13474 Filed 6–27–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81002; File No. SR–FICC–
2017–015]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Make
Clarifications and Corrections to the
Government Securities Division
Rulebook, the Mortgage-Backed
Securities Division Clearing Rules and
the Mortgage-Backed Securities
Division EPN Rules
June 22, 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 June 16,
2017, Fixed Income Clearing
Corporation (‘‘FICC’’) 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 clearing agency. FICC filed the
7 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(31).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
8 17
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Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices
proposal pursuant to Section 19(b)(3)(A)
of the Act 3 and Rule 19b–4(f)(4)
thereunder 4 so that the proposal was
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The proposed rule change would
make clarifications and corrections
(including the addition of certain new
definitions, as described in more detail
below) to FICC’s Government Securities
Division (‘‘GSD’’) Rulebook (the ‘‘GSD
Rules’’), Mortgage-Backed Securities
Division (‘‘MBSD’’) Clearing Rules (the
‘‘MBSD Clearing Rules’’) and MBSD
EPN Rules (the ‘‘EPN Rules,’’ and
collectively with the GSD Rules and the
MBSD Clearing Rules, the ‘‘Rules’’), as
described in greater detail below.5
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, the
clearing agency 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
clearing agency has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
asabaliauskas on DSKBBXCHB2PROD with NOTICES
1. Purpose
The purpose of the proposed rule
change is to make certain clarifications
and corrections (including the addition
of certain new definitions) to the Rules
so that the Rules remain consistent and
clear. The proposed changes consist
only of clarifications and corrections
(including the addition of certain new
definitions) and do not change any of
the rights or obligations of the GSD
Members, MBSD Members or EPN
Users.
(i) Proposed Changes to the GSD Rules
FICC is proposing to make the
following changes to the GSD Rules:
3 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4).
5 Each capitalized term used herein and not
otherwise defined shall have the meaning set forth
in the GSD Rules, MBSD Clearing Rules or the EPN
Rules, as applicable, available at https://
www.dtcc.com/legal/rules-and-procedures.
4 17
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A. Proposed Changes to GSD Rule 1—
Definitions
(1) Delete the incorrect reference to
‘‘Section 1 of Rule 2’’ in the definition
of ‘‘Bank Netting Member’’ and replace
it with a reference to ‘‘Section 2 of Rule
2A.’’
(2) Correct certain definitions relating
to brokers and dealers and add certain
defined terms in conjunction with such
corrections, as described below
(collectively, the changes referred to in
this item (2) are referred to as the
‘‘Broker/Dealer Changes’’):
(i) FICC has identified that the
existing terms ‘‘Registered Government
Securities Brokers’’ and ‘‘Registered
Government Securities Dealers’’ refer to
brokers and dealers registered with the
Commission under either Section 15 or
Section 15C of the Act, when such terms
should only refer to brokers and dealers
registered under Section 15C of the Act.
The proposed rule change would correct
these definitions in this regard.
(ii) Two new terms, ‘‘Registered
Broker’’ and ‘‘Registered Dealer,’’ would
be added to GSD Rule 1 to address
brokers and dealers that are registered
under Section 15 of the Act.
(iii) The term ‘‘Broker,’’ which is
defined in part as a ‘‘Registered
Government Securities Broker,’’ would
be updated to add a reference to a
‘‘Registered Broker.’’ In addition, ‘‘or’’ is
being added to reflect that a Broker
would include a Registered Broker or a
Registered Government Securities
Broker. These corrections would make
the definition consistent with the
manner in which the term ‘‘Broker’’ is
used throughout the GSD Rules and
consistent with the corrections noted
above in clauses (i) and (ii).
(iv) The term ‘‘Dealer,’’ which is
defined as a ‘‘Registered Government
Securities Dealer,’’ would be updated to
add a reference to a ‘‘Registered Dealer.’’
In addition, ‘‘or’’ is being added to
reflect that a Dealer would include a
Registered Dealer or a Registered
Government Securities Dealer. These
corrections would make the definition
consistent with the manner in which the
term ‘‘Dealer’’ is used throughout the
GSD Rules and consistent with the
corrections noted above in clauses (i)
and (ii).
(3) Delete references to ‘‘Category 1
Inter-Dealer Broker’’ and ‘‘Category 2
Inter-Dealer Broker’’ in the definition of
‘‘Brokered Transaction’’ and replace
them with ‘‘Inter-Dealer Broker,’’ make
a grammatical change, and change the
numbering in the definition to reflect
the replacements. The concept of and all
other references to Category 1 InterDealer Brokers and Category 2 Inter-
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Dealer Brokers were intended to be
removed from the GSD Rules in
connection with the Commission’s
approval of rule filing SR–FICC–2010–
09,6 however, a few references
inadvertently remain in the current
version of the GSD Rules.
(4) Delete the references to
‘‘Registered Government Securities
Broker’’ and ‘‘Registered Government
Securities Dealer’’ in the definition of
‘‘Covered Affiliate’’ and replace each
reference with ‘‘Broker’’ and ‘‘Dealer,’’
respectively. Currently, ‘‘Covered
Affiliate’’ is defined in part to include
certain ‘‘Registered Government
Securities Brokers’’ and ‘‘Registered
Government Securities Dealers,’’
however, this definition should also
include certain ‘‘Registered Brokers’’
and ‘‘Registered Dealers,’’ as such terms
are proposed to be added in this filing.
The revised terms ‘‘Broker’’ and
‘‘Dealer’’ as proposed by this filing
would also include Registered Brokers
and Registered Dealers. This correction
would make the definition consistent
with the manner in which the term
‘‘Covered Affiliate’’ is used throughout
the GSD Rules and consistent with the
Broker/Dealer Changes noted above.
(5) Change the definition of the term
‘‘Designated Examining Authority’’ to
replace the existing descriptions of
brokers and dealers with ‘‘Broker or
Dealer, as applicable.’’ The use of the
updated terms ‘‘Broker’’ and ‘‘Dealer’’ as
proposed above and the addition of ‘‘as
applicable’’ would refer to brokers and
dealers registered under Section 15 of
the Act and under Section 15C of the
Act in a more succinct manner, would
ensure consistency with the manner in
which ‘‘Designated Examining
Authority’’ is used throughout the GSD
Rules and would be consistent with the
Broker/Dealer Changes noted above.
(6) Delete the repeated definitions of
the terms ‘‘Eligible Letter of Credit’’ and
‘‘Eligible Netting Security.’’
(7) Delete the reference to ‘‘whole
percentage’’ and replace it with ‘‘two
decimal places’’ in the definition of the
term ‘‘Excess Capital Ratio’’ to reflect
that the quotient is rounded to the
nearest two decimal places. The
proposed change would make the GSD
Rules consistent with the MBSD
Clearing Rules, which would have an
equivalent definition.
(8) Delete the reference to ‘‘GSCC’’
and replace it with ‘‘the Corporation’’ in
the definition of the ‘‘Full-Sized Trade’’
because GSCC is not a defined term that
is used in the GSD Rules. GSCC refers
6 Securities Exchange Act Release No. 63986
(February 28, 2011); 76 FR 12144 (March 4, 2011)
(SR–FICC–2010–09).
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to GSD’s predecessor, the Government
Securities Clearing Corporation.7
(9) Add a new defined term for ‘‘InterDealer Broker’’ consistent with the
manner in which the term is currently
used in the GSD Rules and consistent
with the MBSD Clearing Rules, which
have the equivalent definition.
(10) Delete the following definitions
because they are not used in the GSD
Rules: ‘‘Member Brokered Transaction,’’
‘‘Non-Member Brokered Transaction,’’
and ‘‘Offsetting Position.’’
asabaliauskas on DSKBBXCHB2PROD with NOTICES
B. Proposed Changes to GSD Rule 2A—
Initial Membership Requirements
(1) Delete the references to
‘‘Registered Government Securities
Dealer’’ and replace them with ‘‘Dealer’’
in Section 2(a)(ii) to reflect the Broker/
Dealer Changes noted above.
(2) Correct two grammatical errors in
Section 2(a)(iv).
(3) Delete the references to ‘‘Duff &
Phelps (‘‘D&P’’)’’ and ‘‘D&P’’ and
replace them with ‘‘Fitch Ratings
(‘‘Fitch’’)’’ and ‘‘Fitch,’’ respectively, in
Section 4 because Duff & Phelps Credit
Rating Co. was acquired by Fitch IBCA.
(4) Delete the incorrect reference to
‘‘Rule 3’’ and replace it with ‘‘this Rule
2A’’ in Section 6.
C. Proposed Changes to GSD Rule 3—
Ongoing Membership Requirements
Add ‘‘Ratio’’ after the reference to
‘‘Excess Capital’’ to read ‘‘Excess Capital
Ratio’’ in Section 14. Section 14 requires
a Netting Member to make a Clearing
Fund deposit if its Excess Capital Ratio
exceeds 1.0 because of the perceived
risk posed by such Netting Member.
Such deposit is calculated to bring the
Clearing Fund to a desired level
regarding the risk relating to such
Netting Member. FICC currently
calculates and has historically
calculated this deposit using the Excess
Capital Ratio as a multiple. Reference to
Excess Capital as the multiple in the
GSD Rules is incorrect—using Excess
Capital as the multiple would result in
a deposit requirement for a Netting
Member that far exceeds the amount
that FICC has determined is needed to
increase the Clearing Fund to the
desired level. The proposed change
would make the GSD Rules consistent
with the MBSD Clearing Rules, which
have an equivalent formula in MBSD
Clearing Rule 3 Section 12.
D. Proposed Changes to GSD Rule 4—
Clearing Fund and Loss Allocation
(1) Delete the incorrect reference to
‘‘Section 8’’ in the first paragraph of
7 FICC
17:22 Jun 27, 2017
Jkt 241001
E. Proposed Changes to GSD Rule 5—
Comparison System
Capitalize the word ‘‘trades’’ in the
phrase ‘‘Full-Sized trades’’ in Section 4
so that it reflects the defined term ‘‘FullSized Trade,’’ which is currently
included in GSD Rule 1.9
F. Proposed Changes to GSD Rule 15—
Special Provisions for Certain Netting
Members
(1) Remove a reserved section heading
and renumber section headings that
currently follow that heading to reflect
its removal.
(2) Delete the phrase ‘‘or an InterDealer Broker Netting Member’’ in the
third sentence in proposed renumbered
Section 2 because the term Inter-Dealer
Broker Netting Member is inadvertently
referenced twice.
G. Proposed Changes to GSD Rule 17—
Netting and Settlement of NettingEligible Auction Purchases
Remove a reserved section heading
and renumber section headings that
currently follow that heading to reflect
its removal.
(ii) Proposed Changes to the MBSD
Clearing Rules
FICC is proposing to make the
following changes to the MBSD Clearing
Rules:
A. Proposed Changes to MBSD Clearing
Rule 1—Definitions
(1) Add a new defined term for ‘‘Close
of Business’’ consistent with the manner
in which the term is currently used in
the MBSD Clearing Rules and consistent
with the GSD Rules which have the
equivalent definition.
(2) Delete the word ‘‘whole’’ from the
phrase ‘‘whole two decimal places’’ in
the definition of ‘‘Excess Capital Ratio’’
8 See
supra note 6.
Trade’’ means a trade that is
submitted to FICC in the full-size dollar amount in
which it was executed as opposed to being
submitted in an equivalent amount of $50 million
pieces and a single tail. See GSD Rule 1, supra note
5.
9 ‘‘Full-Sized
resulted from a merger of GSCC and the
Mortgage-Backed Securities Clearing Corporation
on January 1, 2003.
VerDate Sep<11>2014
Section 5 and replace it with ‘‘Section
7.’’
(2) Delete the phrase ‘‘Category 1’’
before the words ‘‘Inter-Dealer Broker
Netting Member’’ in Section 5 and make
a grammatical change to reflect the
deletion. The concept of and all other
references to the term Category 1 were
intended to be removed from the GSD
Rules in connection with the
Commission’s approval of rule filing
SR–FICC–2010–09,8 however, this
reference inadvertently remains in the
current version of the GSD Rules.
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29357
to reflect the standard convention for
referencing decimals.
B. Proposed Changes to MBSD Clearing
Rule 3—Ongoing Membership
Requirements
Delete the phrase ‘‘close of business’’
and replace it with ‘‘Close of Business’’
in Section 2 so that it reflects the
proposed new defined term ‘‘Close of
Business,’’ which would be added in
MBSD Clearing Rule 1.
C. Proposed Changes to MBSD Clearing
Rule 4—Clearing Fund and Loss
Allocation
(1) Delete the references to ‘‘Total
Amount’’ and replace them with
‘‘Required Fund Deposit’’ in Section
2(d) because Total Amount is not a
defined term and the correct reference
in that section should be to the amount
a Clearing Member is required to
deposit to the Clearing Fund pursuant to
MBSD Clearing Rule 4, which is the
‘‘Required Fund Deposit.10
(2) Delete the reference to ‘‘deposit’’
and replace it with ‘‘Required Fund
Deposit’’ in Section 3 because the
correct reference in that section should
be to the amount a Clearing Member is
required to deposit to the Clearing Fund
pursuant to MBSD Clearing Rule 4,
which is the ‘‘Required Fund Deposit.’’
(3) Clarify that the minimum amount
of cash a Clearing Member must deposit
into its Required Fund Deposit is
$100,000 in Section 3. Section 2(d)
refers to the same minimum Required
Fund Deposit amount and the proposed
change would make Section 3 consistent
with Section 2(d).
(4) Delete the references to ‘‘close of
business’’ and replace them with ‘‘Close
of Business’’ in Section 5 and Section 8
so that they reflect the proposed new
defined term ‘‘Close of Business,’’
which would be added in MBSD
Clearing Rule 1.
(iii) Proposed Changes to the EPN Rules
FICC is proposing to make the
following changes to the EPN Rules:
A. Proposed Changes to Article 1 EPN
Rule 1—Definitions
(1) Add a period after ‘‘Rule 1’’ to
conform the punctuation in EPN Rule 1
with other EPN Rules.
(2) Delete the incorrect cross-reference
to ‘‘Article VII’’ and replace it with
‘‘Article II’’ in the definition of
‘‘Account.’’
(3) Delete the incorrect cross-reference
to ‘‘Article VI’’ and replace it with
10 ‘‘Required Fund Deposit’’ means the amount a
Clearing Member is required to deposit to the
Clearing Fund pursuant to MBSD Clearing Rule 4.
See MBSD Clearing Rule 1, supra note 5.
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‘‘Article I’’ in the definition of ‘‘EPN
Eligible Security.’’
(4) Delete the incorrect cross-reference
to ‘‘Article X’’ and replace it with
‘‘Article V’’ in the definition of ‘‘EPN
Procedures.’’
(5) Delete the incorrect crossreferences to ‘‘Articles VI, VII, VIII, IX
and X of the Rules,’’ in the definition of
‘‘EPN Rules.’’ Such references to the
Articles are unnecessary.
(6) Move the definition of ‘‘EPN
Service’’ so that it is in correct
alphabetical order.
(7) Delete the incorrect cross-reference
to ‘‘Article VIII’’ and replace it with
‘‘Article III’’ in the definition of ‘‘EPN
User Agreement.’’
(8) Delete the definition of
‘‘Membership and Risk Management
Committee’’ because this term is not
used in the EPN Rules.
(9) Move the definition of ‘‘Messages’’
so that it is in correct alphabetical order.
(10) Delete the incorrect crossreference to ‘‘Article VII’’ and replace it
with ‘‘Article II’’ in the definition of
‘‘Message Detail Report.’’
(11) Delete the incorrect reference to
‘‘Article VII’’ and replace it with
‘‘Article II’’ in the definition of
‘‘Message Summary Report.’’
(12) Delete the definition of
‘‘Operations and Planning Committee’’
because this term is not used in the EPN
Rules.
B. Proposed Changes to Article I EPN
Rule 2—EPN Eligible Securities
Correct a grammatical error and delete
the incorrect cross-reference to ‘‘Article
X’’ and replace it with ‘‘Article V.’’
C. Proposed Changes to Article II—
Messages Processed by the Corporation
(1) Add the following language to EPN
Rule 1 Section 1: ‘‘The Corporation shall
maintain one or more Accounts for each
EPN User’’ because this language
appears to have been inadvertently
deleted from previous versions of the
EPN Rules.
(2) Delete the term ‘‘Reports’’ and
replace it with lowercased ‘‘reports’’ in
EPN Rule 2 Section 1 because Reports
is not a defined term in the EPN Rules.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
D. Proposed Changes to Article III—EPN
Users
(1) Delete the incorrect cross-reference
to ‘‘Article X’’ and replace it with
‘‘Article V’’ and correct a grammatical
error in EPN Rule 1 Section 5.
(2) Delete the incorrect cross-reference
to ‘‘Article X’’ and replace it with
‘‘Article V’’ in EPN Rule 1 Section 7.
(3) Correct two grammatical errors in
EPN Rule 2 Section 1.
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(4) Delete the incorrect cross-reference
to ‘‘Article VIII’’ and replace it with
‘‘Article III’’ in EPN Rule 3 Section 1.
E. Proposed Changes to Article V—
Miscellaneous
(1) Add ‘‘EPN’’ before each reference
to ‘‘Rules’’ because ‘‘EPN Rules’’ is the
correct defined term.
(2) Remove extra spaces between
‘‘Interested’’ and ‘‘Person’’ in the first
paragraph of Rule 7 Section 1 and
replace ‘‘a’’ with ‘‘an’’ before the
proposed addition of ‘‘EPN’’ in the
second paragraph of Rule 7 Section 1 for
grammatical correctness.
(3) Add ‘‘EPN’’ before each reference
to ‘‘Procedures’’ because ‘‘EPN
Procedures’’ is the correct defined term.
(4) Add a tab space before certain
paragraphs throughout Article V to
conform the spacing in Article V to the
other Articles in the EPN Rules.
(5) Delete the reference to ‘‘minor rule
violation’’ and replace it with ‘‘Minor
Rule Violation’’ in EPN Rule 7 Section
3 so that it reflects the defined term,
‘‘Minor Rule Violation,’’ which is
currently included in EPN Rule 7
Section 2, and correct the crossreference in that Section to reflect that
the term ‘‘Minor Rule Violation’’ is
defined in Section 2 of EPN Rule 7
rather than Section 3.11
(6) Delete the heading ‘‘SEC. 6.
FINALITY OF CORPORATION
ACTION’’ because it is misplaced, and
reorder the numbering for each EPN
Rule that currently follows that heading
so that each such EPN Rule continues as
part of Article V.
(7) Correct a grammatical error in
proposed renumbered EPN Rule
14(b)(ii).
(8) Correct a grammatical error, and
delete the incorrect cross-reference to
‘‘Article X’’ and replace it with ‘‘Article
V’’ in proposed renumbered EPN Rule
14(c).
2. Statutory Basis
Section 17A(b)(3)(F) 12 of the Act
requires, in part, that the Rules be
designed to promote the prompt and
accurate clearance and settlement of
securities transactions. FICC believes
that the proposed rule change has been
designed to promote the prompt and
accurate clearance and settlement of
securities transactions, consistent with
Section 17A(b)(3)(F).13 Specifically, the
proposed rule change would clarify the
11 ‘‘Minor
Rule Violation’’ means a violation of
the EPN Rules for which a fine may be assessed
against the Interested Person in an amount not to
exceed $5,000. See Article V, EPN Rule 7, Section
2, supra note 5.
12 15 U.S.C. 78q–1(b)(3)(F).
13 Id.
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meaning of certain provisions of the
Rules, correct grammatical errors,
correct cross-references and similar
technical changes, which ensure that
the Rules are consistent and clear. As
such, FICC believes the proposed rule
change would allow GSD Members,
MBSD Members and EPN Users
governed by the applicable Rules to
have a better understanding of the Rules
and thereby assist in promoting the
prompt and accurate clearance and
settlement of securities transactions.
(B) Clearing Agency’s Statement on
Burden on Competition
FICC does not believe that the
proposed rule change will have any
impact on competition because the
proposed changes to the Rules are
clarifications and corrections (including
the addition of certain new definitions),
which would not change FICC’s current
practices or the rights or obligations of
the GSD Members, MBSD Members or
EPN Users bound by the applicable
Rules. Therefore, the proposed changes
should have no effect on the GSD
Members, MBSD Members or EPN Users
that are bound by the applicable Rules
other than to foster a better
understanding of the applicable Rules
by such GSD Members, MBSD Members
and EPN Users.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
Written comments relating to the
proposed rule change have not been
solicited or received. FICC will notify
the Commission of any written
comments received by FICC.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A) 14 of the Act and
subparagraph (f)(4) of Rule 19b–4 15
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,
14 15
15 17
E:\FR\FM\28JNN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4).
28JNN1
Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
DEPARTMENT OF STATE
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–
FICC–2017–015 on the subject line.
Notice of Determinations; Culturally
Significant Objects Imported for
Exhibition Determinations: ‘‘KLIMT &
RODIN: An Artistic Encounter’’
Exhibition
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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–FICC–2017–015. 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 FICC and on DTCC’s Web site
(https://dtcc.com/legal/sec-rulefilings.aspx). All comments received
will be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–FICC–
2017–015 and should be submitted on
or before July 19, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Eduardo A. Aleman,
Assistant Secretary.
[Public Notice: 10042]
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), E.O. 12047 of March 27, 1978, the
Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257–1 of December 11, 2015), I hereby
determine that certain objects to be
included in the exhibition ‘‘KLIMT &
RODIN: An Artistic Encounter,’’
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
I also determine that the exhibition or
display of the exhibit objects at the Fine
Arts Museums of San Francisco, Legion
of Honor, San Francisco, California,
from on or about October 14, 2017, until
on or about January 28, 2018, and at
possible additional exhibitions or
venues yet to be determined, is in the
national interest. I have ordered that
Public Notice of these Determinations
be published in the Federal Register.
For further information, including a
list of the imported objects, contact the
Office of Public Diplomacy and Public
Affairs in the Office of the Legal
Adviser, U.S. Department of State
(telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State, L/
PD, SA–5, Suite 5H03, Washington, DC
20522–0505.
Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2017–13493 Filed 6–27–17; 8:45 am]
BILLING CODE 4710–05–P
BILLING CODE 8011–01–P
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:22 Jun 27, 2017
Jkt 241001
DEPARTMENT OF STATE
[Public Notice: 10048]
[FR Doc. 2017–13490 Filed 6–27–17; 8:45 am]
16 17
29359
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
30-Day Notice of Proposed Information
Collection: Passport Demand
Forecasting Survey
Notice of request for public
comment and submission to OMB of
proposed collection of information.
ACTION:
The Department of State has
submitted the information collection
described below to the Office of
Management and Budget (OMB) for
approval. In accordance with the
Paperwork Reduction Act of 1995 we
are requesting comments on this
collection from all interested
individuals and organizations. The
purpose of this Notice is to allow 30
days for public comment.
DATES: Submit comments directly to the
Office of Management and Budget
(OMB) up to July 28, 2017.
ADDRESSES: Direct comments to the
Department of State Desk Officer in the
Office of Information and Regulatory
Affairs at the Office of Management and
Budget (OMB). You may submit
comments by the following methods:
• Email: oira_submission@
omb.eop.gov. You must include the DS
form number, information collection
title, and the OMB control number in
the subject line of your message.
• Fax: 202–395–5806. Attention: Desk
Officer for Department of State.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed collection
instrument and supporting documents,
to the Office of Passport Services, who
may be reached at passportstudy@
state.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
• Title of Information Collection:
Passport Demand Forecasting Survey.
• OMB Control Number: 1405–0177.
• Type of Request: Extension of a
Currently Approved Collection.
• Originating Office: Bureau of
Consular Affairs, Office of Passport
Services.
• Form Number: SV–2012–0006.
• Respondents: A national
representative sample of U.S. citizens,
nationals, and any other categories of
individuals that are entitled to a U.S.
passport product.
• Estimated Number of Respondents:
48,000.
• Estimated Number of Responses:
48,000.
• Average Time per Response: 10
minutes.
E:\FR\FM\28JNN1.SGM
28JNN1
Agencies
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29355-29359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13490]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81002; File No. SR-FICC-2017-015]
Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Make Clarifications and Corrections to the Government Securities
Division Rulebook, the Mortgage-Backed Securities Division Clearing
Rules and the Mortgage-Backed Securities Division EPN Rules
June 22, 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 June 16, 2017, Fixed Income Clearing Corporation (``FICC'') 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 clearing agency. FICC filed the
[[Page 29356]]
proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(4) thereunder \4\ so that the proposal was effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The proposed rule change would make clarifications and corrections
(including the addition of certain new definitions, as described in
more detail below) to FICC's Government Securities Division (``GSD'')
Rulebook (the ``GSD Rules''), Mortgage-Backed Securities Division
(``MBSD'') Clearing Rules (the ``MBSD Clearing Rules'') and MBSD EPN
Rules (the ``EPN Rules,'' and collectively with the GSD Rules and the
MBSD Clearing Rules, the ``Rules''), as described in greater detail
below.\5\
---------------------------------------------------------------------------
\5\ Each capitalized term used herein and not otherwise defined
shall have the meaning set forth in the GSD Rules, MBSD Clearing
Rules or the EPN Rules, as applicable, available at https://www.dtcc.com/legal/rules-and-procedures.
---------------------------------------------------------------------------
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.
(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to make certain
clarifications and corrections (including the addition of certain new
definitions) to the Rules so that the Rules remain consistent and
clear. The proposed changes consist only of clarifications and
corrections (including the addition of certain new definitions) and do
not change any of the rights or obligations of the GSD Members, MBSD
Members or EPN Users.
(i) Proposed Changes to the GSD Rules
FICC is proposing to make the following changes to the GSD Rules:
A. Proposed Changes to GSD Rule 1--Definitions
(1) Delete the incorrect reference to ``Section 1 of Rule 2'' in
the definition of ``Bank Netting Member'' and replace it with a
reference to ``Section 2 of Rule 2A.''
(2) Correct certain definitions relating to brokers and dealers and
add certain defined terms in conjunction with such corrections, as
described below (collectively, the changes referred to in this item (2)
are referred to as the ``Broker/Dealer Changes''):
(i) FICC has identified that the existing terms ``Registered
Government Securities Brokers'' and ``Registered Government Securities
Dealers'' refer to brokers and dealers registered with the Commission
under either Section 15 or Section 15C of the Act, when such terms
should only refer to brokers and dealers registered under Section 15C
of the Act. The proposed rule change would correct these definitions in
this regard.
(ii) Two new terms, ``Registered Broker'' and ``Registered
Dealer,'' would be added to GSD Rule 1 to address brokers and dealers
that are registered under Section 15 of the Act.
(iii) The term ``Broker,'' which is defined in part as a
``Registered Government Securities Broker,'' would be updated to add a
reference to a ``Registered Broker.'' In addition, ``or'' is being
added to reflect that a Broker would include a Registered Broker or a
Registered Government Securities Broker. These corrections would make
the definition consistent with the manner in which the term ``Broker''
is used throughout the GSD Rules and consistent with the corrections
noted above in clauses (i) and (ii).
(iv) The term ``Dealer,'' which is defined as a ``Registered
Government Securities Dealer,'' would be updated to add a reference to
a ``Registered Dealer.'' In addition, ``or'' is being added to reflect
that a Dealer would include a Registered Dealer or a Registered
Government Securities Dealer. These corrections would make the
definition consistent with the manner in which the term ``Dealer'' is
used throughout the GSD Rules and consistent with the corrections noted
above in clauses (i) and (ii).
(3) Delete references to ``Category 1 Inter-Dealer Broker'' and
``Category 2 Inter-Dealer Broker'' in the definition of ``Brokered
Transaction'' and replace them with ``Inter-Dealer Broker,'' make a
grammatical change, and change the numbering in the definition to
reflect the replacements. The concept of and all other references to
Category 1 Inter-Dealer Brokers and Category 2 Inter-Dealer Brokers
were intended to be removed from the GSD Rules in connection with the
Commission's approval of rule filing SR-FICC-2010-09,\6\ however, a few
references inadvertently remain in the current version of the GSD
Rules.
---------------------------------------------------------------------------
\6\ Securities Exchange Act Release No. 63986 (February 28,
2011); 76 FR 12144 (March 4, 2011) (SR-FICC-2010-09).
---------------------------------------------------------------------------
(4) Delete the references to ``Registered Government Securities
Broker'' and ``Registered Government Securities Dealer'' in the
definition of ``Covered Affiliate'' and replace each reference with
``Broker'' and ``Dealer,'' respectively. Currently, ``Covered
Affiliate'' is defined in part to include certain ``Registered
Government Securities Brokers'' and ``Registered Government Securities
Dealers,'' however, this definition should also include certain
``Registered Brokers'' and ``Registered Dealers,'' as such terms are
proposed to be added in this filing. The revised terms ``Broker'' and
``Dealer'' as proposed by this filing would also include Registered
Brokers and Registered Dealers. This correction would make the
definition consistent with the manner in which the term ``Covered
Affiliate'' is used throughout the GSD Rules and consistent with the
Broker/Dealer Changes noted above.
(5) Change the definition of the term ``Designated Examining
Authority'' to replace the existing descriptions of brokers and dealers
with ``Broker or Dealer, as applicable.'' The use of the updated terms
``Broker'' and ``Dealer'' as proposed above and the addition of ``as
applicable'' would refer to brokers and dealers registered under
Section 15 of the Act and under Section 15C of the Act in a more
succinct manner, would ensure consistency with the manner in which
``Designated Examining Authority'' is used throughout the GSD Rules and
would be consistent with the Broker/Dealer Changes noted above.
(6) Delete the repeated definitions of the terms ``Eligible Letter
of Credit'' and ``Eligible Netting Security.''
(7) Delete the reference to ``whole percentage'' and replace it
with ``two decimal places'' in the definition of the term ``Excess
Capital Ratio'' to reflect that the quotient is rounded to the nearest
two decimal places. The proposed change would make the GSD Rules
consistent with the MBSD Clearing Rules, which would have an equivalent
definition.
(8) Delete the reference to ``GSCC'' and replace it with ``the
Corporation'' in the definition of the ``Full-Sized Trade'' because
GSCC is not a defined term that is used in the GSD Rules. GSCC refers
[[Page 29357]]
to GSD's predecessor, the Government Securities Clearing
Corporation.\7\
---------------------------------------------------------------------------
\7\ FICC resulted from a merger of GSCC and the Mortgage-Backed
Securities Clearing Corporation on January 1, 2003.
---------------------------------------------------------------------------
(9) Add a new defined term for ``Inter-Dealer Broker'' consistent
with the manner in which the term is currently used in the GSD Rules
and consistent with the MBSD Clearing Rules, which have the equivalent
definition.
(10) Delete the following definitions because they are not used in
the GSD Rules: ``Member Brokered Transaction,'' ``Non-Member Brokered
Transaction,'' and ``Offsetting Position.''
B. Proposed Changes to GSD Rule 2A--Initial Membership Requirements
(1) Delete the references to ``Registered Government Securities
Dealer'' and replace them with ``Dealer'' in Section 2(a)(ii) to
reflect the Broker/Dealer Changes noted above.
(2) Correct two grammatical errors in Section 2(a)(iv).
(3) Delete the references to ``Duff & Phelps (``D&P'')'' and
``D&P'' and replace them with ``Fitch Ratings (``Fitch'')'' and
``Fitch,'' respectively, in Section 4 because Duff & Phelps Credit
Rating Co. was acquired by Fitch IBCA.
(4) Delete the incorrect reference to ``Rule 3'' and replace it
with ``this Rule 2A'' in Section 6.
C. Proposed Changes to GSD Rule 3--Ongoing Membership Requirements
Add ``Ratio'' after the reference to ``Excess Capital'' to read
``Excess Capital Ratio'' in Section 14. Section 14 requires a Netting
Member to make a Clearing Fund deposit if its Excess Capital Ratio
exceeds 1.0 because of the perceived risk posed by such Netting Member.
Such deposit is calculated to bring the Clearing Fund to a desired
level regarding the risk relating to such Netting Member. FICC
currently calculates and has historically calculated this deposit using
the Excess Capital Ratio as a multiple. Reference to Excess Capital as
the multiple in the GSD Rules is incorrect--using Excess Capital as the
multiple would result in a deposit requirement for a Netting Member
that far exceeds the amount that FICC has determined is needed to
increase the Clearing Fund to the desired level. The proposed change
would make the GSD Rules consistent with the MBSD Clearing Rules, which
have an equivalent formula in MBSD Clearing Rule 3 Section 12.
D. Proposed Changes to GSD Rule 4--Clearing Fund and Loss Allocation
(1) Delete the incorrect reference to ``Section 8'' in the first
paragraph of Section 5 and replace it with ``Section 7.''
(2) Delete the phrase ``Category 1'' before the words ``Inter-
Dealer Broker Netting Member'' in Section 5 and make a grammatical
change to reflect the deletion. The concept of and all other references
to the term Category 1 were intended to be removed from the GSD Rules
in connection with the Commission's approval of rule filing SR-FICC-
2010-09,\8\ however, this reference inadvertently remains in the
current version of the GSD Rules.
---------------------------------------------------------------------------
\8\ See supra note 6.
---------------------------------------------------------------------------
E. Proposed Changes to GSD Rule 5--Comparison System
Capitalize the word ``trades'' in the phrase ``Full-Sized trades''
in Section 4 so that it reflects the defined term ``Full-Sized Trade,''
which is currently included in GSD Rule 1.\9\
---------------------------------------------------------------------------
\9\ ``Full-Sized Trade'' means a trade that is submitted to FICC
in the full-size dollar amount in which it was executed as opposed
to being submitted in an equivalent amount of $50 million pieces and
a single tail. See GSD Rule 1, supra note 5.
---------------------------------------------------------------------------
F. Proposed Changes to GSD Rule 15--Special Provisions for Certain
Netting Members
(1) Remove a reserved section heading and renumber section headings
that currently follow that heading to reflect its removal.
(2) Delete the phrase ``or an Inter-Dealer Broker Netting Member''
in the third sentence in proposed renumbered Section 2 because the term
Inter-Dealer Broker Netting Member is inadvertently referenced twice.
G. Proposed Changes to GSD Rule 17--Netting and Settlement of Netting-
Eligible Auction Purchases
Remove a reserved section heading and renumber section headings
that currently follow that heading to reflect its removal.
(ii) Proposed Changes to the MBSD Clearing Rules
FICC is proposing to make the following changes to the MBSD
Clearing Rules:
A. Proposed Changes to MBSD Clearing Rule 1--Definitions
(1) Add a new defined term for ``Close of Business'' consistent
with the manner in which the term is currently used in the MBSD
Clearing Rules and consistent with the GSD Rules which have the
equivalent definition.
(2) Delete the word ``whole'' from the phrase ``whole two decimal
places'' in the definition of ``Excess Capital Ratio'' to reflect the
standard convention for referencing decimals.
B. Proposed Changes to MBSD Clearing Rule 3--Ongoing Membership
Requirements
Delete the phrase ``close of business'' and replace it with ``Close
of Business'' in Section 2 so that it reflects the proposed new defined
term ``Close of Business,'' which would be added in MBSD Clearing Rule
1.
C. Proposed Changes to MBSD Clearing Rule 4--Clearing Fund and Loss
Allocation
(1) Delete the references to ``Total Amount'' and replace them with
``Required Fund Deposit'' in Section 2(d) because Total Amount is not a
defined term and the correct reference in that section should be to the
amount a Clearing Member is required to deposit to the Clearing Fund
pursuant to MBSD Clearing Rule 4, which is the ``Required Fund
Deposit.\10\
---------------------------------------------------------------------------
\10\ ``Required Fund Deposit'' means the amount a Clearing
Member is required to deposit to the Clearing Fund pursuant to MBSD
Clearing Rule 4. See MBSD Clearing Rule 1, supra note 5.
---------------------------------------------------------------------------
(2) Delete the reference to ``deposit'' and replace it with
``Required Fund Deposit'' in Section 3 because the correct reference in
that section should be to the amount a Clearing Member is required to
deposit to the Clearing Fund pursuant to MBSD Clearing Rule 4, which is
the ``Required Fund Deposit.''
(3) Clarify that the minimum amount of cash a Clearing Member must
deposit into its Required Fund Deposit is $100,000 in Section 3.
Section 2(d) refers to the same minimum Required Fund Deposit amount
and the proposed change would make Section 3 consistent with Section
2(d).
(4) Delete the references to ``close of business'' and replace them
with ``Close of Business'' in Section 5 and Section 8 so that they
reflect the proposed new defined term ``Close of Business,'' which
would be added in MBSD Clearing Rule 1.
(iii) Proposed Changes to the EPN Rules
FICC is proposing to make the following changes to the EPN Rules:
A. Proposed Changes to Article 1 EPN Rule 1--Definitions
(1) Add a period after ``Rule 1'' to conform the punctuation in EPN
Rule 1 with other EPN Rules.
(2) Delete the incorrect cross-reference to ``Article VII'' and
replace it with ``Article II'' in the definition of ``Account.''
(3) Delete the incorrect cross-reference to ``Article VI'' and
replace it with
[[Page 29358]]
``Article I'' in the definition of ``EPN Eligible Security.''
(4) Delete the incorrect cross-reference to ``Article X'' and
replace it with ``Article V'' in the definition of ``EPN Procedures.''
(5) Delete the incorrect cross-references to ``Articles VI, VII,
VIII, IX and X of the Rules,'' in the definition of ``EPN Rules.'' Such
references to the Articles are unnecessary.
(6) Move the definition of ``EPN Service'' so that it is in correct
alphabetical order.
(7) Delete the incorrect cross-reference to ``Article VIII'' and
replace it with ``Article III'' in the definition of ``EPN User
Agreement.''
(8) Delete the definition of ``Membership and Risk Management
Committee'' because this term is not used in the EPN Rules.
(9) Move the definition of ``Messages'' so that it is in correct
alphabetical order.
(10) Delete the incorrect cross-reference to ``Article VII'' and
replace it with ``Article II'' in the definition of ``Message Detail
Report.''
(11) Delete the incorrect reference to ``Article VII'' and replace
it with ``Article II'' in the definition of ``Message Summary Report.''
(12) Delete the definition of ``Operations and Planning Committee''
because this term is not used in the EPN Rules.
B. Proposed Changes to Article I EPN Rule 2--EPN Eligible Securities
Correct a grammatical error and delete the incorrect cross-
reference to ``Article X'' and replace it with ``Article V.''
C. Proposed Changes to Article II--Messages Processed by the
Corporation
(1) Add the following language to EPN Rule 1 Section 1: ``The
Corporation shall maintain one or more Accounts for each EPN User''
because this language appears to have been inadvertently deleted from
previous versions of the EPN Rules.
(2) Delete the term ``Reports'' and replace it with lowercased
``reports'' in EPN Rule 2 Section 1 because Reports is not a defined
term in the EPN Rules.
D. Proposed Changes to Article III--EPN Users
(1) Delete the incorrect cross-reference to ``Article X'' and
replace it with ``Article V'' and correct a grammatical error in EPN
Rule 1 Section 5.
(2) Delete the incorrect cross-reference to ``Article X'' and
replace it with ``Article V'' in EPN Rule 1 Section 7.
(3) Correct two grammatical errors in EPN Rule 2 Section 1.
(4) Delete the incorrect cross-reference to ``Article VIII'' and
replace it with ``Article III'' in EPN Rule 3 Section 1.
E. Proposed Changes to Article V--Miscellaneous
(1) Add ``EPN'' before each reference to ``Rules'' because ``EPN
Rules'' is the correct defined term.
(2) Remove extra spaces between ``Interested'' and ``Person'' in
the first paragraph of Rule 7 Section 1 and replace ``a'' with ``an''
before the proposed addition of ``EPN'' in the second paragraph of Rule
7 Section 1 for grammatical correctness.
(3) Add ``EPN'' before each reference to ``Procedures'' because
``EPN Procedures'' is the correct defined term.
(4) Add a tab space before certain paragraphs throughout Article V
to conform the spacing in Article V to the other Articles in the EPN
Rules.
(5) Delete the reference to ``minor rule violation'' and replace it
with ``Minor Rule Violation'' in EPN Rule 7 Section 3 so that it
reflects the defined term, ``Minor Rule Violation,'' which is currently
included in EPN Rule 7 Section 2, and correct the cross-reference in
that Section to reflect that the term ``Minor Rule Violation'' is
defined in Section 2 of EPN Rule 7 rather than Section 3.\11\
---------------------------------------------------------------------------
\11\ ``Minor Rule Violation'' means a violation of the EPN Rules
for which a fine may be assessed against the Interested Person in an
amount not to exceed $5,000. See Article V, EPN Rule 7, Section 2,
supra note 5.
---------------------------------------------------------------------------
(6) Delete the heading ``SEC. 6. FINALITY OF CORPORATION ACTION''
because it is misplaced, and reorder the numbering for each EPN Rule
that currently follows that heading so that each such EPN Rule
continues as part of Article V.
(7) Correct a grammatical error in proposed renumbered EPN Rule
14(b)(ii).
(8) Correct a grammatical error, and delete the incorrect cross-
reference to ``Article X'' and replace it with ``Article V'' in
proposed renumbered EPN Rule 14(c).
2. Statutory Basis
Section 17A(b)(3)(F) \12\ of the Act requires, in part, that the
Rules be designed to promote the prompt and accurate clearance and
settlement of securities transactions. FICC believes that the proposed
rule change has been designed to promote the prompt and accurate
clearance and settlement of securities transactions, consistent with
Section 17A(b)(3)(F).\13\ Specifically, the proposed rule change would
clarify the meaning of certain provisions of the Rules, correct
grammatical errors, correct cross-references and similar technical
changes, which ensure that the Rules are consistent and clear. As such,
FICC believes the proposed rule change would allow GSD Members, MBSD
Members and EPN Users governed by the applicable Rules to have a better
understanding of the Rules and thereby assist in promoting the prompt
and accurate clearance and settlement of securities transactions.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78q-1(b)(3)(F).
\13\ Id.
---------------------------------------------------------------------------
(B) Clearing Agency's Statement on Burden on Competition
FICC does not believe that the proposed rule change will have any
impact on competition because the proposed changes to the Rules are
clarifications and corrections (including the addition of certain new
definitions), which would not change FICC's current practices or the
rights or obligations of the GSD Members, MBSD Members or EPN Users
bound by the applicable Rules. Therefore, the proposed changes should
have no effect on the GSD Members, MBSD Members or EPN Users that are
bound by the applicable Rules other than to foster a better
understanding of the applicable Rules by such GSD Members, MBSD Members
and EPN Users.
(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
Written comments relating to the proposed rule change have not been
solicited or received. FICC will notify the Commission of any written
comments received by FICC.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \14\ of the Act and subparagraph (f)(4) of Rule 19b-4 \15\
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.
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 17 CFR 240.19b-4(f)(4).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing,
[[Page 29359]]
including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-FICC-2017-015 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-FICC-2017-015. 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 FICC and on
DTCC's Web site (https://dtcc.com/legal/sec-rule-filings.aspx). All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-FICC-2017-015 and should be
submitted on or before July 19, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13490 Filed 6-27-17; 8:45 am]
BILLING CODE 8011-01-P