Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment No. 2 to the National Market System Plan Governing the Consolidated Audit Trail by Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., BOX Options Exchange LLC, C2 Options Exchange, Incorporated, Chicago Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors' Exchange LLC, Miami International Securities Exchange, LLC, MIAX PEARL, LLC, NASDAQ BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, NASDAQ PHLX LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC, NYSE Arca, Inc., NYSE MKT LLC and NYSE National, Inc.; Correction, 31377-31378 [2017-14199]
Download as PDF
Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81052; File No. SR–IEX–
2017–11]
Self-Regulatory Organizations;
Investors Exchange LLC; Notice of
Designation of a Longer Period for
Commission Action on a Proposed
Rule Change To Modify the Manner in
Which the Exchange Opens Trading
for Non-IEX-Listed Securities
June 29, 2017.
On April 13, 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
modify the manner in which the
Exchange opens trading for non-IEXlisted securities beginning at the start of
Regular Market Hours and make related
changes. The proposed rule change was
published for comment in the Federal
Register on April 28, 2017.3 On May 19,
2017, IEX filed Amendment No. 1 to the
proposal. On June 9, 2017, IEX
consented to an extension of time for
the Commission to act on the proposal
until July 5, 2017.4 On June 22, 2017,
IEX filed Amendment No. 2 to the
proposal, which superseded and
replaced Amendment No. 1 in its
entirety. On June 29, 2017, IEX filed
Amendment No. 3 to the proposal,
which superseded and replaced
Amendment No. 2 in its entirety.5 The
Commission received no comments on
the proposed rule change.
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
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 was June 12,
2017. IEX consented to an extension of
time for the Commission to act on the
proposal until July 5, 2017.7 The
Commission is further extending the
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, as modified by Amendment
No. 3. Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,8
designates July 27, 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–2017–11), as modified
by Amendment No. 3.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017–14143 Filed 7–5–17; 8:45 am]
BILLING CODE 8011–01–P
U.S.C.78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 80514
(April 24, 2017), 82 FR 19763.
4 See letter from Claudia Crowley, Chief
Regulatory Officer, IEX, to Richard Holley,
Assistant Director, Division of Trading and Markets,
Commission, dated June 9, 2017.
5 Amendment No. 3 revised the proposal to (i)
provide additional clarity regarding the process for
determining the Opening Match Price; (ii) modify
the definition of ‘‘Cross Tie Breaker’’ to account for
a scenario involving securities in Test Groups Two
and Three of the Plan to Implement a Tick Size
Pilot Program; and (iii) correct certain typographical
errors. Amendment No. 3 also revised the proposal
to fix an error in the proposed rule text in
Amendment No. 2 and correct additional
typographical errors.
6 15 U.S.C. 78s(b)(2).
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Jkt 241001
PO 00000
[Release No. 34–80930A; File No. 4–698]
Joint Industry Plan; Notice of Filing
and Immediate Effectiveness of
Amendment No. 2 to the National
Market System Plan Governing the
Consolidated Audit Trail by Bats BYX
Exchange, Inc., Bats BZX Exchange,
Inc., Bats EDGA Exchange, Inc., Bats
EDGX Exchange, Inc., BOX Options
Exchange LLC, C2 Options Exchange,
Incorporated, Chicago Board Options
Exchange, Incorporated, Chicago
Stock Exchange, Inc., Financial
Industry Regulatory Authority, Inc.,
Investors’ Exchange LLC, Miami
International Securities Exchange,
LLC, MIAX PEARL, LLC, NASDAQ BX,
Inc., Nasdaq GEMX, LLC, Nasdaq ISE,
LLC, Nasdaq MRX, LLC, NASDAQ
PHLX LLC, The NASDAQ Stock Market
LLC, New York Stock Exchange LLC,
NYSE Arca, Inc., NYSE MKT LLC and
NYSE National, Inc.; Correction
June 30, 2017.
Securities and Exchange
Commission.
AGENCY:
ACTION:
Notice; correction.
The Securities and Exchange
Commission published a document in
the Federal Register on June 20, 2017,
concerning a Notice of Filing and
Immediate Effectiveness of Amendment
No. 2 to the National Market System
Plan Governing the Consolidated Audit
Trail. The document contained two
typographical errors.
SUMMARY:
Jennifer L. Colihan, Special Counsel,
Division of Trading and Markets,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549, (202) 551–5642.
Correction
2 17
18:13 Jul 05, 2017
SECURITIES AND EXCHANGE
COMMISSION
FOR FURTHER INFORMATION CONTACT:
1 15
VerDate Sep<11>2014
31377
7 See
supra note 4.
U.S.C. 78s(b)(2).
9 17 CFR 200.30–3(a)(31).
8 15
Frm 00095
Fmt 4703
Sfmt 4703
In the Federal Register of June 20,
2017, in FR Doc 2017–12771, on page
28180, in the first line under the
heading ‘‘Introduction’’ in the second
column, correct the date ‘‘May 9, 2017’’
instead to ‘‘May 23, 2017.’’
On page 28180, in footnote 4 in the
third column, correct the date ‘‘May 8,
2017’’ instead to ‘‘May 22, 2017.’’ Add
the following sentence after the first
sentence of footnote 4, ‘‘The
Participants initially submitted the
amendment on May 9, 2017, but
subsequently withdrew the amendment
E:\FR\FM\06JYN1.SGM
06JYN1
31378
Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices
and refiled the submission on May 23,
2017.’’
Brent J. Fields,
Secretary.
[FR Doc. 2017–14199 Filed 7–5–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81051; File No. SR–FICC–
2017–012]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Order
Approving a Proposed Rule Change to
the Mortgage-Backed Securities
Division Clearing Rules Regarding
Fixed Income Clearing Corporation’s
(1) Time of Novation, (2) Treatment of
Itself as the Settlement Counterparty
for Certain Transaction Types, and (3)
Proposal to Implement New Processes
to Promote Operational Efficiencies for
Its Clearing Members
June 29, 2017.
I. Introduction
On May 15, 2017, Fixed Income
Clearing Corporation (‘‘FICC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) proposed
rule change SR–FICC–2017–012,
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
(hereinafter, ‘‘Proposed Rule Change’’).
The Proposed Rule Change was
published for comment in the Federal
Register on May 24, 2017.3 The
Commission received no comments to
the Proposed Rule Change. This order
approves the Proposed Rule Change.
II. Description of the Proposed Rule
Change
The Proposed Rule Change consists of
modifications to FICC’s MortgageBacked Securities Division (‘‘MBSD’’)
Clearing Rules (‘‘MBSD Rules’’).4
Specifically, the Proposed Rule Change
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Securities Exchange Act Release No. 80716 (May
18, 2017), 82 FR 23852 (May 24, 2017) (SR–FICC–
2017–012) (‘‘Notice’’).
4 FICC is comprised of two divisions, MBSD and
the Government Securities Division (‘‘GSD’’). MBSD
provides, among other things, clearance and
settlement for trades in mortgage-backed securities.
GSD provides, among other things, clearance and
settlement for trades in U.S. government debt
issues. MBSD and GSD maintain separate sets of
rules, margin models, and clearing funds. The
Proposed Rule Change relates solely to the MBSD
Rules. Capitalized terms used and not otherwise
defined shall have the meaning assigned to such
terms in the MBSD Rules or the FICC MBSD EPN
Rules, as applicable, available at https://
www.dtcc.com/en/legal/rules-and-procedures.
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2 17
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18:13 Jul 05, 2017
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would (1) change the time that FICC
treats itself as the settlement
counterparty for SBO-Destined Trades 5
to the time of trade comparison, which
is earlier in the lifecycle of the trade
than the current practice; (2) change the
time that FICC novates 6 and treats itself
as the settlement counterparty for
Trade-for-Trade Transactions 7 to the
time of trade comparison, which is
earlier in the lifecycle of the trade than
the current practice; (3) regarding
Specified Pool Trades,8 novate and
establish FICC as the settlement
counterparty at the time of trade
comparison; and (4) regarding
Stipulated Trades 9 (a new proposed
trade type), guarantee, novate, and
establish FICC as the settlement
counterparty at the time of trade
comparison.
The Proposed Rule Change also
includes several changes to the MBSD
Rules regarding the operational
processes for clearing MBSD trades.
These changes include (1) eliminating
the Notification of Settlement process
regarding trades that currently settle
bilaterally, as the process would become
obsolete once FICC novates and directly
5 The Proposed Rule Change would add the new
defined term ‘‘SBO’’ to define the settlement
balance orders that constitute the net positions of
a Clearing Member as a result of the TBA Netting
process. Notice, 82 FR at 23860. The term ‘‘SBODestined Trade’’ means a ‘‘To-Be-Announced’’
(‘‘TBA’’) transaction intended for TBA Netting.
MBSD Rule 1, supra note 4. TBA transactions are
trades for which the actual identities of and/or the
number of pools underlying each trade are
unknown at the time of trade execution. See Notice,
82 FR at 23854. ‘‘TBA Netting’’ means the netting
service that FICC provides to Clearing Members in
connection with TBA transactions. MBSD Rule 1,
supra note 4. The MBSD settlement balance order
(‘‘SBO’’) system nets trades within the same
mortgage backed security (‘‘MBS’’) product, coupon
rate, maturity, and settlement date. The SBO system
provides netting efficiencies, eliminating the need
for Clearing Members to settle all but the resulting
net buy and sell obligations.
6 Novation terminates the obligations between
Clearing Members to deliver, receive, and make
payments to each other, and replaces those
obligations with identical obligations between the
Clearing Members and FICC. MBSD Rule 5 Section
13, supra note 4.
7 The term ‘‘Trade-for-Trade Transaction’’ means
a TBA transaction submitted to FICC that is not
intended for TBA Netting. MBSD Rule 1, supra note
4. Entities use Trade-for-Trade Transactions either
by choice or for trades that are not eligible for
netting.
8 The term ‘‘Specified Pool Trade’’ means a trade
in which all required pool data, including the pool
number to be delivered upon settlement are agreed
by the counterparties at the time of trade execution.
MBSD Rule 1, supra note 4.
9 A ‘‘Stipulated Trade’’ is a trade in which pools
allocated and delivered against the trade must
satisfy certain conditions that are agreed upon by
the parties at the time of trade execution. See
Notice, 82 FR at 23856. Trades carrying stipulations
may reflect terms that include, but are not limited
to issuance year, issuance month, weighted average
coupon, weighted average maturity and/or weighted
average loan age, etc.
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
settles all SBO-Destined Transactions,
Trade-for-Trade Transactions, and
Specified Pool Trades, as proposed; (2)
establishing the ‘‘Do Not Allocate’’
(‘‘DNA’’) process, which would allow
Clearing Members 10 to offset SBON
Trades 11 and Trade-for-Trade
Transactions; (3) establishing the
‘‘Expanded Pool Netting’’ process,
which would net Pool Instructs 12
stemming from SBON Trades and
Trade-for-Trade Transactions to arrive at
a single net position per counterparty in
a particular Pool Number 13 for next-day
delivery; (4) eliminating the ‘‘give-up’’
process for Brokered Transactions,14 as
the process would become obsolete once
FICC novates and settles all such
transactions, as proposed; and (5)
amending the components of the Cash
Settlement 15 calculation to reflect the
changes above.
Finally, the Proposed Rule Change
would modify FICC’s Real-Time Trade
Matching (‘‘RTTM’’) system to remove
size restrictions on SBO-Destined
Trades. Since trade size submission
10 The term ‘‘Clearing Member’’ means any entity
admitted into MBSD membership pursuant to
MBSD Rule 2A. MBSD Rule 1, supra note 4.
11 The proposed MBSD Rules would use the term
‘‘SBON Trades’’ to signify obligations that result
from the TBA Netting process. Such obligations
would reflect FICC as the settlement counterparty.
12 The term ‘‘Pool Instruct’’ is defined in FICC’s
MBS Pool Netting User Guide to mean ‘‘[a]n input
used by a [M]ember to submit pool details directly
into [FICC’s Real-Time Trade Matching System]
pool netting for bilateral matching and assignment
to a corresponding open TBA position as a
prerequisite to pool netting. FICC MBS Pool Netting
User Guide, available at https://www.dtcc.com/
clearing-services/ficc-mbsd/ficc-mbsd-userdocumentation.
13 The term ‘‘Pool Number’’ is defined in FICC’s
MBS Pool Netting User Guide to mean a ‘‘[u]nique
number assigned by the industry to identify the
pool (in addition to the pool CUSIP [(i.e., the
Committee on Uniform Securities Identification
Procedures identifying number for a security)],
since the pool CUSIP is not always known at the
time of issuance).’’ FICC MBS Pool Netting User
Guide, supra note 12.
14 The term ‘‘Brokered Transaction’’ means any
‘‘give-up’’ transaction calling for the delivery of a
security for which data has been submitted to FICC
by Members, in transactions to which a Broker is
a party. MBSD Rule 1, supra note 4. FICC operates
its brokered business on a ‘‘give-up’’ basis, which
means that MBSD discloses (i.e., ‘‘gives-up’’) the
identity of each Dealer (i.e., a Member that is in the
business of buying and selling Securities as
principal, either directly or through a Broker.) to a
Brokered Transaction after a period of time. MBSD
Rule 1; Rule 5 Section 7, supra note 4.
15 The term ‘‘Cash Settlement’’ refers to the
payment each business day by FICC to a Member
or by a Member to FICC pursuant to Rule 11. MBSD
Rule 1, supra note 4. Cash Settlement is a daily
process of generating a single net credit or debit
cash amount at the ‘‘Aggregated Account’’ level
(i.e., either a single account linked to an aggregate
ID or a set of accounts linked to an aggregate ID for
the processing of transactions.) Clearing Members’
Cash Settlement obligations are calculated on a net
basis at the aggregate ID level. MBSD Rule 1, supra
note 4.
E:\FR\FM\06JYN1.SGM
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Agencies
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Notices]
[Pages 31377-31378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14199]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-80930A; File No. 4-698]
Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment No. 2 to the National Market System Plan Governing the
Consolidated Audit Trail by Bats BYX Exchange, Inc., Bats BZX Exchange,
Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., BOX Options
Exchange LLC, C2 Options Exchange, Incorporated, Chicago Board Options
Exchange, Incorporated, Chicago Stock Exchange, Inc., Financial
Industry Regulatory Authority, Inc., Investors' Exchange LLC, Miami
International Securities Exchange, LLC, MIAX PEARL, LLC, NASDAQ BX,
Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, NASDAQ PHLX
LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC, NYSE
Arca, Inc., NYSE MKT LLC and NYSE National, Inc.; Correction
June 30, 2017.
AGENCY: Securities and Exchange Commission.
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission published a document in
the Federal Register on June 20, 2017, concerning a Notice of Filing
and Immediate Effectiveness of Amendment No. 2 to the National Market
System Plan Governing the Consolidated Audit Trail. The document
contained two typographical errors.
FOR FURTHER INFORMATION CONTACT: Jennifer L. Colihan, Special Counsel,
Division of Trading and Markets, Securities and Exchange Commission,
100 F Street NE., Washington, DC 20549, (202) 551-5642.
Correction
In the Federal Register of June 20, 2017, in FR Doc 2017-12771, on
page 28180, in the first line under the heading ``Introduction'' in the
second column, correct the date ``May 9, 2017'' instead to ``May 23,
2017.''
On page 28180, in footnote 4 in the third column, correct the date
``May 8, 2017'' instead to ``May 22, 2017.'' Add the following sentence
after the first sentence of footnote 4, ``The Participants initially
submitted the amendment on May 9, 2017, but subsequently withdrew the
amendment
[[Page 31378]]
and refiled the submission on May 23, 2017.''
Brent J. Fields,
Secretary.
[FR Doc. 2017-14199 Filed 7-5-17; 8:45 am]
BILLING CODE 8011-01-P