Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation of FINRA Rule 4240 (Margin Requirements for Credit Default Swaps), 30914-30916 [2017-13903]
Download as PDF
30914
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The draft
RIS, ‘‘NRC Draft Regulatory Issue
Summary 2017–XX Supplement to RIS
2002–22,’’ is available in ADAMS under
Accession No. ML17102B507.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
sradovich on DSK3GMQ082PROD with NOTICES
B. Submitting Comments
Please include Docket ID NRC–2017–
0154 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
The RIS is intended for all holders of
and applicants for power reactor
operating licenses or construction
permits under part 50 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Domestic Licensing of Production and
Utilization Facilities,’’ except those who
have permanently ceased operations
and have certified that fuel has been
permanently removed from the reactor
vessel and all holders of, and applicants
for, a power reactor combined license,
standard design approval, or
manufacturing license, and all
applicants for a standard design
certification, under 10 CFR part 52,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’
VerDate Sep<11>2014
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Jkt 241001
This RIS is intended to clarify the
endorsed NEI 01–01 guidance regarding
licensee upgrades to digital
instrumentation and control systems.
Specifically, this RIS clarifies the
guidance in NEI 01–01 pertaining to the
performance and documentation of
adequate technical evaluations and
adequately documented qualitative
assessments to meet the requirements of
10 CFR 50.59 ‘‘Changes, tests and
experiments.’’ The attachment to this
RIS provides a framework for preparing
and documenting qualitative
assessments considered acceptable to
serve as a technical basis supporting the
responses to key 10 CFR 50.59(c)(2)
evaluations.
The NRC issues RISs to communicate
with stakeholders on a broad range of
matters. This may include
communicating and clarifying NRC
technical or policy positions on
regulatory matters that have not been
communicated to or are not broadly
understood by the nuclear industry.
Proposed Action
The NRC is requesting public
comments on the draft RIS. The NRC
plans to hold a public meeting to
discuss this RIS and the issues
associated with clarification of the
applicability of the endorsed NEI 01–01
guidance. All comments that are to
receive consideration in the final RIS
must still be submitted electronically or
in writing as indicated in the ADDRESSES
section of this document. Additional
details regarding the meeting will be
posted at least 10 days prior to the
public meeting on the NRC’s Public
Meeting Schedule Web site at https://
www.nrc.gov/public-involve/publicmeetings/index.cfm. The NRC staff will
make a final determination regarding
issuance of the RIS after it considers any
public comments received in response
to this request.
Dated at Rockville, Maryland, this 28th day
of June 2017.
For the Nuclear Regulatory Commission.
Alexander D. Garmoe,
Chief, Generic Communications Branch,
Division of Policy and Rulemaking, Office
of Nuclear Reactor Regulation.
[FR Doc. 2017–13918 Filed 6–30–17; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81035; File No. SR–FINRA–
2017–019]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Extend the
Implementation of FINRA Rule 4240
(Margin Requirements for Credit
Default Swaps)
June 27, 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 14,
2017, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by FINRA. FINRA has
designated the proposed rule change as
constituting a ‘‘non-controversial’’ rule
change under paragraph (f)(6) of Rule
19b–4 under the Act,3 which renders
the proposal effective upon receipt of
this filing by 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
FINRA is proposing to extend to July
18, 2018 the implementation of FINRA
Rule 4240. FINRA Rule 4240
implements an interim pilot program
with respect to margin requirements for
certain transactions in credit default
swaps that are security-based swaps.
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
FINRA 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. FINRA has prepared
summaries, set forth in sections A, B,
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
2 17
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Fmt 4703
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03JYN1
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
sradovich on DSK3GMQ082PROD with NOTICES
1. Purpose
On May 22, 2009, the Commission
approved FINRA Rule 4240,4 which
implements an interim pilot program
(the ‘‘Interim Pilot Program’’) with
respect to margin requirements for
certain transactions in credit default
swaps (‘‘CDS’’).5 On June 15, 2016,
FINRA filed a proposed rule change for
immediate effectiveness extending the
implementation of FINRA Rule 4240 to
July 18, 2017.6
As explained in the Approval Order,
FINRA Rule 4240, coterminous with
certain Commission actions, was
intended to address concerns arising
from systemic risk posed by CDS,
including, among other things, risks to
the financial system arising from the
lack of a central clearing counterparty to
clear and settle CDS.7 On July 21, 2010,
the Dodd-Frank Wall Street Reform and
Consumer Protection Act (the ‘‘DoddFrank Act’’) was signed into law.8 Title
VII of the Dodd-Frank Act established a
comprehensive new regulatory
framework for swaps and security-based
swaps,9 including certain CDS. The
legislation was intended, among other
4 See Securities Exchange Act Release No. 59955
(May 22, 2009), 74 FR 25586 (May 28, 2009) (Order
Approving File No. SR–FINRA–2009–012)
(‘‘Approval Order’’).
5 In March 2012, the SEC approved amendments
to FINRA Rule 4240 that, among other things, limit
at this time the rule’s application to credit default
swaps that are security-based swaps. See Securities
Exchange Act Release No. 66527 (March 7, 2012),
77 FR 14850 (March 13, 2012) (Order Approving
File No. SR–FINRA–2012–015).
6 See Securities Exchange Act Release No. 78182
(June 28, 2016), 81 FR 43690 (July 5, 2016) (Notice
of Filing and Immediate Effectiveness of File No.
SR–FINRA–2016–020).
7 See Approval Order, 74 FR at 25588–89.
8 See Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111–203, 124
Stat. 1376 (2010).
9 The terms ‘‘swap’’ and ‘‘security-based swap’’
are defined in Sections 721 and 761 of the DoddFrank Act. The Commodity Futures Trading
Commission (‘‘CFTC’’) and the Commission jointly
have approved rules to further define these terms.
See Securities Exchange Act Release No. 67453
(July 18, 2012), 77 FR 48208 (August 13, 2012)
(Joint Final Rule; Interpretations; Request for
Comment on an Interpretation: Further Definition of
‘‘Swap,’’ ‘‘Security-Based Swap,’’ and ‘‘SecurityBased Swap Agreement’’; Mixed Swaps; SecurityBased Swap Agreement Recordkeeping). See also
Securities Exchange Act Release No. 66868 (April
27, 2012), 77 FR 30596 (May 23, 2012) (Joint Final
Rule; Joint Interim Final Rule; Interpretations:
Further Definition of ‘‘Swap Dealer,’’ ‘‘SecurityBased Swap Dealer,’’ ‘‘Major Swap Participant,’’
‘‘Major Security-Based Swap Participant’’ and
‘‘Eligible Contract Participant’’).
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Jkt 241001
30915
things, to enhance the authority of
regulators to implement new rules
designed to reduce risk, increase
transparency, and promote market
integrity with respect to such products.
The Commission and the CFTC have
proposed or adopted rules with respect
to swaps and security-based swaps
pursuant to Title VII of the Dodd-Frank
Act.10 FINRA believes it is appropriate
to extend the Interim Pilot Program for
a limited period, to July 18, 2018, in
light of the continuing development of
the CDS business and ongoing
regulatory developments. FINRA is
considering proposing additional
amendments to the Interim Pilot
Program.
FINRA has filed the proposed rule
change for immediate effectiveness.
FINRA is proposing that the
implementation date of the proposed
rule change will be July 18, 2017. The
proposed rule change will expire on
July 18, 2018.
4240 will help to stabilize the financial
markets.
2. Statutory Basis
FINRA believes that the proposed rule
change is consistent with the provisions
of Section 15A(b)(6) of the Act,11 which
requires, among other things, that
FINRA rules must be designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, and, in
general, to protect investors and the
public interest. FINRA believes that the
proposed rule change is consistent with
the Act because, in light of the
continuing development of the CDS
business and ongoing regulatory
developments, extending the
implementation of the margin
requirements as set forth by FINRA Rule
Written comments were neither
solicited nor received.
10 See, e.g., Securities Exchange Act Release No.
79833 (January 18, 2017), 82 FR 8467 (January 25,
2017) (Order Extending Certain Temporary
Exemptions Under the Securities Exchange Act of
1934 in Connection With the Revision of the
Definition of ‘‘Security’’ To Encompass SecurityBased Swaps and Request for Comment); Securities
Exchange Act Release No. 67177 (June 11, 2012), 77
FR 35625 (June 14, 2012) (Notice of Statement of
General Policy with Request for Public Comment:
Statement of General Policy on the Sequencing of
the Compliance Dates for Final Rules Applicable to
Security-Based Swaps Adopted Pursuant to the
Securities Exchange Act of 1934 and the DoddFrank Wall Street Reform and Consumer Protection
Act); Securities Exchange Act Release No. 68071
(October 18, 2012), 77 FR 70214 (November 23,
2012) (Proposed Rule: Capital, Margin, and
Segregation Requirements for Security-Based Swap
Dealers and Major Security-Based Swap
Participants and Capital Requirements for BrokerDealers). See also Securities Exchange Act Release
No. 71958 (April 17, 2014), 79 FR 25194 (May 2,
2014) (Proposed Rule: Recordkeeping and Reporting
Requirements for Security-Based Swap Dealers,
Major Security-Based Swap Participants, and
Broker-Dealers; Capital Rule for Certain SecurityBased Swap Dealers).
11 15 U.S.C. 78o–3(b)(6).
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
B. Self-Regulatory Organization’s
Statement on Burden on Competition
FINRA does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. FINRA
believes that extending the
implementation of FINRA Rule 4240 for
a limited period, to July 18, 2018, in
light of the continuing development of
the CDS business and ongoing
regulatory developments, helps to
promote stability in the financial
markets and regulatory certainty for
members.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 12 and Rule 19b–
4(f)(6) thereunder.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
12 15
13 17
E:\FR\FM\03JYN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
03JYN1
30916
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / 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–
FINRA–2017–019 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Robert W. Errett, Deputy Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
sradovich on DSK3GMQ082PROD with NOTICES
All submissions should refer to File
Number SR–FINRA–2017–019. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of
FINRA. 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–FINRA–2017–019 and
should be submitted on or before July
24, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017–13903 Filed 6–30–17; 8:45 am]
BILLING CODE 8011–01–P
14 17
CFR 200.30–3(a)(12).
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17:53 Jun 30, 2017
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81032; File No. SR–
BatsBZX–2017–43]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Related to Fees
for Logical Ports on the Bats Equity
Options Platform
June 27, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on June 16,
2017 Bats BZX Exchange, Inc. (the
‘‘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 its fees and rebates applicable to
Members 5 and non-Members of the
Exchange pursuant to BZX Rules 15.1(a)
and (c).
The text of the proposed rule change
is available at the Exchange’s Web site
at www.batstrading.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 A Member is defined as ‘‘any registered broker
or dealer that has been admitted to membership in
the Exchange.’’ See Exchange Rule 1.5(n).
2 17
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Frm 00101
Fmt 4703
Sfmt 4703
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant parts of such
statements.
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to modify the
fee schedule applicable to the
Exchange’s options platform (‘‘BZX
Options’’) to amend the fees for logical
ports. A logical port represents a port
established by the Exchange within the
Exchange’s system for trading and
billing purposes. Each logical port
established is specific to a Member or
non-Member and grants that Member or
non-Member the ability to operate a
specific application, such as FIX order
entry or PITCH data receipt. The
Exchange’s Multicast PITCH data feed is
available from two primary feeds,
identified as the ‘‘A feed’’ and the ‘‘C
feed’’, which contain the same
information but differ only in the way
such feeds are received. The Exchange
also offers two redundant fees,
identified as the ‘‘B feed’’ and the ‘‘D
feed.’’ The Exchange also offers a bulkquoting interface which allows Users 6
of BZX Options to submit and update
multiple bids and offers in one message
through logical ports enabled for bulkquoting.7 The bulk-quoting application
for BZX Options is a particularly useful
feature for Users that provide quotations
in many different options. Logical port
fees are limited to logical ports in the
Exchange’s primary data center and no
logical port fees are assessed for
redundant secondary data center ports.
The Exchange assesses the monthly per
logical port fees for all of a Member and
non-Member logical ports.
The Exchange currently charges for
logical ports (including Multicast PITCH
Spin Server and GRP ports) a fee $650
per port per month. The Exchange now
proposes to amend the fees for logical
ports, Multicast PITCH Spin Server
Ports for a set of primary ports (A or C
feed), and GRP Ports for a set of primary
ports (A or C feed) to $750 per month.8
6 A User on BZX Options is either a member of
BZX Options or a sponsored participant who is
authorized to obtain access to the Exchange’s
system pursuant to BZX Rule 11.3. See Exchange
Rule 16.1(a)(63).
7 See Securities Exchange Act Release Nos. 65133
(August 15, 2011), 76 FR 52032 (August 19, 2011)
(SR–BATS–2011–029) and 65307 (September 9,
2011), 76 FR 57092 (September 15, 2011) (SR–
BATS–2011–034).
8 The Exchange does not propose to amend the
monthly fee for purge ports.
E:\FR\FM\03JYN1.SGM
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Agencies
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30914-30916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13903]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81035; File No. SR-FINRA-2017-019]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Implementation of FINRA Rule 4240
(Margin Requirements for Credit Default Swaps)
June 27, 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 14, 2017, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by 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\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
FINRA is proposing to extend to July 18, 2018 the implementation of
FINRA Rule 4240. FINRA Rule 4240 implements an interim pilot program
with respect to margin requirements for certain transactions in credit
default swaps that are security-based swaps.
The text of the proposed rule change is available on FINRA's Web
site at https://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, FINRA 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. FINRA has prepared summaries, set forth in sections A,
B,
[[Page 30915]]
and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
On May 22, 2009, the Commission approved FINRA Rule 4240,\4\ which
implements an interim pilot program (the ``Interim Pilot Program'')
with respect to margin requirements for certain transactions in credit
default swaps (``CDS'').\5\ On June 15, 2016, FINRA filed a proposed
rule change for immediate effectiveness extending the implementation of
FINRA Rule 4240 to July 18, 2017.\6\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 59955 (May 22,
2009), 74 FR 25586 (May 28, 2009) (Order Approving File No. SR-
FINRA-2009-012) (``Approval Order'').
\5\ In March 2012, the SEC approved amendments to FINRA Rule
4240 that, among other things, limit at this time the rule's
application to credit default swaps that are security-based swaps.
See Securities Exchange Act Release No. 66527 (March 7, 2012), 77 FR
14850 (March 13, 2012) (Order Approving File No. SR-FINRA-2012-015).
\6\ See Securities Exchange Act Release No. 78182 (June 28,
2016), 81 FR 43690 (July 5, 2016) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2016-020).
---------------------------------------------------------------------------
As explained in the Approval Order, FINRA Rule 4240, coterminous
with certain Commission actions, was intended to address concerns
arising from systemic risk posed by CDS, including, among other things,
risks to the financial system arising from the lack of a central
clearing counterparty to clear and settle CDS.\7\ On July 21, 2010, the
Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-
Frank Act'') was signed into law.\8\ Title VII of the Dodd-Frank Act
established a comprehensive new regulatory framework for swaps and
security-based swaps,\9\ including certain CDS. The legislation was
intended, among other things, to enhance the authority of regulators to
implement new rules designed to reduce risk, increase transparency, and
promote market integrity with respect to such products.
---------------------------------------------------------------------------
\7\ See Approval Order, 74 FR at 25588-89.
\8\ See Dodd-Frank Wall Street Reform and Consumer Protection
Act, Public Law 111-203, 124 Stat. 1376 (2010).
\9\ The terms ``swap'' and ``security-based swap'' are defined
in Sections 721 and 761 of the Dodd-Frank Act. The Commodity Futures
Trading Commission (``CFTC'') and the Commission jointly have
approved rules to further define these terms. See Securities
Exchange Act Release No. 67453 (July 18, 2012), 77 FR 48208 (August
13, 2012) (Joint Final Rule; Interpretations; Request for Comment on
an Interpretation: Further Definition of ``Swap,'' ``Security-Based
Swap,'' and ``Security-Based Swap Agreement''; Mixed Swaps;
Security-Based Swap Agreement Recordkeeping). See also Securities
Exchange Act Release No. 66868 (April 27, 2012), 77 FR 30596 (May
23, 2012) (Joint Final Rule; Joint Interim Final Rule;
Interpretations: Further Definition of ``Swap Dealer,'' ``Security-
Based Swap Dealer,'' ``Major Swap Participant,'' ``Major Security-
Based Swap Participant'' and ``Eligible Contract Participant'').
---------------------------------------------------------------------------
The Commission and the CFTC have proposed or adopted rules with
respect to swaps and security-based swaps pursuant to Title VII of the
Dodd-Frank Act.\10\ FINRA believes it is appropriate to extend the
Interim Pilot Program for a limited period, to July 18, 2018, in light
of the continuing development of the CDS business and ongoing
regulatory developments. FINRA is considering proposing additional
amendments to the Interim Pilot Program.
---------------------------------------------------------------------------
\10\ See, e.g., Securities Exchange Act Release No. 79833
(January 18, 2017), 82 FR 8467 (January 25, 2017) (Order Extending
Certain Temporary Exemptions Under the Securities Exchange Act of
1934 in Connection With the Revision of the Definition of
``Security'' To Encompass Security-Based Swaps and Request for
Comment); Securities Exchange Act Release No. 67177 (June 11, 2012),
77 FR 35625 (June 14, 2012) (Notice of Statement of General Policy
with Request for Public Comment: Statement of General Policy on the
Sequencing of the Compliance Dates for Final Rules Applicable to
Security-Based Swaps Adopted Pursuant to the Securities Exchange Act
of 1934 and the Dodd-Frank Wall Street Reform and Consumer
Protection Act); Securities Exchange Act Release No. 68071 (October
18, 2012), 77 FR 70214 (November 23, 2012) (Proposed Rule: Capital,
Margin, and Segregation Requirements for Security-Based Swap Dealers
and Major Security-Based Swap Participants and Capital Requirements
for Broker-Dealers). See also Securities Exchange Act Release No.
71958 (April 17, 2014), 79 FR 25194 (May 2, 2014) (Proposed Rule:
Recordkeeping and Reporting Requirements for Security-Based Swap
Dealers, Major Security-Based Swap Participants, and Broker-Dealers;
Capital Rule for Certain Security-Based Swap Dealers).
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FINRA has filed the proposed rule change for immediate
effectiveness. FINRA is proposing that the implementation date of the
proposed rule change will be July 18, 2017. The proposed rule change
will expire on July 18, 2018.
2. Statutory Basis
FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with the Act because, in light of the continuing development
of the CDS business and ongoing regulatory developments, extending the
implementation of the margin requirements as set forth by FINRA Rule
4240 will help to stabilize the financial markets.
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\11\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition
FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA believes that extending
the implementation of FINRA Rule 4240 for a limited period, to July 18,
2018, in light of the continuing development of the CDS business and
ongoing regulatory developments, helps to promote stability in the
financial markets and regulatory certainty for members.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
[[Page 30916]]
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-FINRA-2017-019 on the subject line.
Paper Comments
Send paper comments in triplicate to Robert W. Errett,
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-FINRA-2017-019. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. 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-FINRA-2017-019 and should be
submitted on or before July 24, 2017.
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\14\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13903 Filed 6-30-17; 8:45 am]
BILLING CODE 8011-01-P