Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation Timeframe for a Rule Change To Implement a New Algorithm for Transactions Processed in the Night Cycle, 70256-70258 [2019-27452]
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70256
Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Notices
C. 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 33 and Rule 19b-4(f)(6) 34
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. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change 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:
jbell on DSKJLSW7X2PROD with NOTICES
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CBOE–2019–116 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–CBOE–2019–116. 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 website (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 website viewing and
printing in the Commission’s Public
33 15
34 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b-4(f)(6).
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Jkt 250001
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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CBOE–2019–116 and
should be submitted on or before
January 10, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.35
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019–27458 Filed 12–19–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87756; File No. SR–DTC–
2019–012]
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Extend
the Implementation Timeframe for a
Rule Change To Implement a New
Algorithm for Transactions Processed
in the Night Cycle
December 16, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
13, 2019, The Depository Trust
Company (‘‘DTC’’) 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. DTC filed the
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(4) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
35 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4).
1 15
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Sfmt 4703
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The proposed rule change 5 would
amend the Procedures 6 set forth in the
DTC Settlement Service Guide
(‘‘Settlement Guide’’)7 to extend the
implementation timeframe for a rule
change (‘‘Approved Rule Change’’), that
became effective pursuant to rule filing
SR–DTC–2019–005, as amended
(‘‘Original Rule Filing’’) 8 upon approval
by the Commission.9 In this regard,
pursuant to the proposed rule change,
the Settlement Guide would be
amended to state that the Approved
Rule Change will be implemented by
March 6, 2020, rather than being
implemented by December 6, 2019, as
stated in the Settlement Guide, as
discussed below.
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 proposed rule change would
amend the Procedures set forth in the
Settlement Guide 10 to extend the
implementation timeframe for the
Approved Rule Change. In this regard,
pursuant to the proposed rule change,
the Settlement Guide would be
5 Capitalized terms not defined herein are defined
in the Rules, By-Laws and Organization Certificate
of DTC (‘‘Rules’’), available at https://
www.dtcc.com/∼/media/Files/Downloads/legal/
rules/dtc_rules.pdf.
6 Pursuant to the Rules, the term ‘‘Procedures’’
means the Procedures, service guides, and
regulations of DTC adopted pursuant to Rule 27, as
amended from time to time. See Rule 1, Section 1,
supra note 5. Pursuant to Rule 27, each Participant
and DTC is bound by the Procedures and any
amendment thereto in the same manner as it is
bound by the Rules. See Rule 27, supra note 5.
7 Available at https://www.dtcc.com/∼/media/
Files/Downloads/legal/service-guides/
Settlement.pdf.
8 Available at https://www.dtcc.com/legal/sec-rulefilings?subsidiary=DTC&pgs=1.
9 See Securities Exchange Act Release No. 87022
(September 19, 2019), 84 FR 50541 (September 25,
2019) (SR–DTC–2019–005).
10 Supra note 7.
E:\FR\FM\20DEN1.SGM
20DEN1
Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Notices
which the Approved Rule Change will
become effective, as described below.
amended to state that the Approved
Rule Change will be implemented by
March 6, 2020, rather than being
implemented by December 6, 2019, as
stated in the Settlement Guide, as
discussed below.
Proposed Rule Change
The Settlement Guide contains the
following legend (‘‘Original Legend’’) 14
regarding the implementation timeframe
for the Approved Rule Change.
Background
jbell on DSKJLSW7X2PROD with NOTICES
Pursuant to the Approved Rule
Change, DTC will implement changes
(‘‘Night Cycle Reengineering’’) related to
its processing of book-entry Deliveries 11
and Payment Orders 12 in the DTC night
cycle (‘‘Night Cycle’’). As more fully
described in the Original Rule Filing,
Night Cycle Reengineering is designed
to maximize transaction throughput by
optimizing available positions and
controlling the order in which
transactions are attempted for
settlement within existing Night Cycle
timeframes. Upon implementation, the
reengineered Night Cycle will introduce
a new, advanced settlement processing
algorithm capable of evaluating each
Participant’s transaction obligations,
available positions, transaction
priorities and risk management controls,
including Net Debit Cap and Collateral
Monitor,13 to identify the transaction
processing order that maximizes Night
Cycle settlement rates.
Pursuant to the Settlement Guide, the
changes set forth in the Approved Rule
Change are to take effect by December
6, 2019. DTC proposes to extend the
implementation timeframe for the
Approved Rule Change to allow
additional time to facilitate finalization
of operational testing of DTC systems
changes related to the implementation
of the Approved Rule Change.
In this regard, pursuant to the
proposed rule change, DTC proposes to
amend the Settlement Guide with
respect to the implementation
timeframe setting forth the date by
11 Pursuant to Rule 1, the term ‘‘Delivery’’ as used
with respect to a Security held in the form of a
Security Entitlement on the books of DTC, means
debiting the Security from an Account of the
Deliverer and crediting the Security to an Account
of the Receiver. Supra note 1.
12 Pursuant to the Settlement Guide, ‘‘Payment
Order’’ means a transaction in which a Participant
charges another Participant for changes in value for
outstanding stock loans or option contract
premiums. See Settlement Guide, supra note 7, at
5.
13 In managing its credit risk, DTC uses the
Collateral Monitor and Net Debit Cap. These two
controls work together to protect the DTC
settlement system in the event of Participant
default. The Collateral Monitor requires net debit
settlement obligations, as they accrue intraday, to
be fully collateralized; the Net Debit Cap limits the
amount of any Participant’s net debit settlement
obligation to an amount that can be satisfied with
DTC liquidity resources (the Participants Fund and
the committed line of credit from a consortium of
lenders). See Settlement Guide, supra note 7, at 64–
67.
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18:30 Dec 19, 2019
Jkt 250001
[Changes to these Procedures, as amended
by File No. SR–DTC–2019–005, are available
at dtcc.com/legal/sec-rulefilings?subsidiary=DTC. These changes have
been approved by the Securities and
Exchange Commission but have not yet been
implemented. By December 6, 2019, these
changes will be implemented, and this
legend will automatically be removed from
these Procedures.]
Pursuant to the proposed rule change,
this legend would be deleted and
replaced with the following revised
legend (‘‘Revised Legend’’).
[Changes to these Procedures, as amended
by File No. SR–DTC–2019–005, are available
at dtcc.com/legal/sec-rulefilings?subsidiary=DTC. These changes have
been approved by the Securities and
Exchange Commission but have not yet been
implemented. By March 6, 2020, these
changes will be implemented, and this
legend will automatically be removed from
these Procedures.]
Implementation Timeframe
The proposed rule change would
become effective upon filing with the
Commission such that the text of the
Settlement Guide would be revised to
delete the Original Legend and replace
it with the Revised Legend, as discussed
above.
2. Statutory Basis
DTC believes this proposal is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a registered
clearing agency. Specifically, DTC
believes this proposal is consistent with
Section 17A(b)(3)(F) of the Act 15 for the
reason described below.
Section 17A(b)(3)(F) of the Act
requires, in part, that the Rules be
designed to promote the prompt and
accurate clearance and settlement of
securities transactions.16 DTC believes
that by allowing additional time to
finalize operational testing of DTC
system changes related to the
implementation of the Approved Rule
Change, the proposed rule change
would facilitate the ability of DTC to
implement the Approved Rule Change
in a manner that minimizes the
possibility of disruptions relating to
implementation of Night Cycle
Settlement Guide, supra note 7 at 1.
U.S.C. 78q–1(b)(3)(F).
Reengineering, which is designed to
maximize transaction throughput in the
Night Cycle, as discussed above.
Therefore, DTC believes that the
proposed rule change to extend the
implementation timeframe, which
would allow additional time for DTC to
complete operational testing relating to
the Approved Rule Change, would
promote the prompt and accurate
clearance and settlement of securities
transactions, consistent with Section
17A(b)(3)(F) of the Act.
(B) Clearing Agency’s Statement on
Burden on Competition
DTC does not believe the proposed
rule change would have any impact on
competition. The proposed rule change
would extend the implementation
timeframe for the Approved Rule
Change and not affect existing
processing of securities transactions at
DTC.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
DTC has not solicited and does not
intend to solicit written comments
regarding the proposed rule change.
DTC has not received any unsolicited
written comments from interested
parties. To the extent DTC receives
written comments on the proposed rule
change, DTC will forward such
comments to the Commission.
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)
of the Act 17 and paragraph (f) of Rule
19b–4 thereunder.18 At any time within
60 days of the filing of the proposed rule
change, the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
14 See
15 15
16 Id.
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17 15
18 17
Fmt 4703
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70257
E:\FR\FM\20DEN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
20DEN1
70258
Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / 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–
DTC–2019–012 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
jbell on DSKJLSW7X2PROD with NOTICES
All submissions should refer to File
Number SR–DTC–2019–012. 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 website (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 website 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 DTC and on DTCC’s website
(https://dtcc.com/legal/sec-rulefilings.aspx). All comments received
will be posted without change. Persons
submitting comments are cautioned that
we do not redact or edit personal
identifying information from comment
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–DTC–
2019–012 and should be submitted on
or before January 10, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019–27452 Filed 12–19–19; 8:45 am]
BILLING CODE 8011–01–P
19 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:30 Dec 19, 2019
Jkt 250001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87755; File No. SR–NSCC–
2019–005]
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Extend the
Implementation Timeframe for an
Approved Rule Change To Amend
Procedure VII With Respect to the
Receipt of CNS Securities and Make
Other Changes
December 16, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
11, 2019, National Securities Clearing
Corporation (‘‘NSCC’’) 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. NSCC filed the
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(4) thereunder.4 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
amend NSCC Rules & Procedures
(‘‘Rules’’) 5 to extend the
implementation timeframe for a rule
change (‘‘Approved Rule Change’’) that
became effective pursuant to rule filing
SR–NSCC–2019–002, as amended
(‘‘Original Rule Filing’’) 6 upon approval
by the Commission. In this regard,
pursuant to the proposed rule change,
the Rules would be amended to state
that the Approved Rule Change will be
implemented by March 6, 2020, rather
than being implemented by December 6,
2019, as stated in the Rules, as
discussed below.
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4).
5 Capitalized terms not defined herein are defined
in the Rules, available at https://www.dtcc.com/∼/
media/Files/Downloads/legal/rules/nscc_rules.pdf.
6 Available at https://www.dtcc.com/legal/sec-rulefilings?subsidiary=NSCC&pgs=1.
2 17
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Frm 00113
Fmt 4703
Sfmt 4703
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 proposed rule change would
amend the Rules to extend the
implementation timeframe for the
Approved Rule Change. In this regard,
pursuant to the proposed rule change,
the Rules would be amended to state
that the Approved Rule Change will be
implemented by March 6, 2020, rather
than being implemented by December 6,
2019, as stated in the Rules, as
discussed below.
(i) Background
Pursuant to the Approved Rule
Change, NSCC (i) amended Procedure
VII (CNS Accounting Operation) in the
Rules with respect to the receipt of
securities from NSCC’s Continuous Net
Settlement (‘‘CNS’’) System in order to
reflect a change in the allocation
algorithm used during the night cycle
and (ii) made certain other technical
changes to the Rules. Pursuant to the
Rules, the changes set forth in the
Approved Rule Change are to take effect
by December 6, 2019. NSCC proposes to
extend the implementation timeframe
for the Approved Rule Change to allow
additional time to facilitate finalization
of operational testing of NSCC system
changes related to the implementation
of the Approved Rule Change.
In this regard, pursuant to the
proposed rule change, NSCC proposes
to amend the Rules with respect to the
implementation timeframe setting forth
the date by which the Approved Rule
Change will become effective, as
described below.
(ii) Proposed Rule Change
Procedure VII of the Rules contains
the following legend (‘‘Original
Procedure VII Legend’’) 7 regarding the
implementation timeframe for the
Approved Rule Change.
[Changes to this Procedure VII, as amended
by File No. SR–NSCC–2019–002, are
available at dtcc.com/legal/sec-rulefilings?subsidiary=NSCC. These changes
have been approved by the Securities and
Exchange Commission but have not yet been
7 See
E:\FR\FM\20DEN1.SGM
Rules, supra note 5 at 248.
20DEN1
Agencies
[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Notices]
[Pages 70256-70258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27452]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-87756; File No. SR-DTC-2019-012]
Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Extend the Implementation Timeframe for a Rule Change To Implement a
New Algorithm for Transactions Processed in the Night Cycle
December 16, 2019.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 13, 2019, The Depository Trust Company (``DTC'') 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. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(4) thereunder.\4\ 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 \5\ would amend the Procedures \6\ set
forth in the DTC Settlement Service Guide (``Settlement Guide'')\7\ to
extend the implementation timeframe for a rule change (``Approved Rule
Change''), that became effective pursuant to rule filing SR-DTC-2019-
005, as amended (``Original Rule Filing'') \8\ upon approval by the
Commission.\9\ In this regard, pursuant to the proposed rule change,
the Settlement Guide would be amended to state that the Approved Rule
Change will be implemented by March 6, 2020, rather than being
implemented by December 6, 2019, as stated in the Settlement Guide, as
discussed below.
---------------------------------------------------------------------------
\5\ Capitalized terms not defined herein are defined in the
Rules, By-Laws and Organization Certificate of DTC (``Rules''),
available at https://www.dtcc.com/~/media/Files/Downloads/legal/
rules/dtc_rules.pdf.
\6\ Pursuant to the Rules, the term ``Procedures'' means the
Procedures, service guides, and regulations of DTC adopted pursuant
to Rule 27, as amended from time to time. See Rule 1, Section 1,
supra note 5. Pursuant to Rule 27, each Participant and DTC is bound
by the Procedures and any amendment thereto in the same manner as it
is bound by the Rules. See Rule 27, supra note 5.
\7\ Available at https://www.dtcc.com/~/media/Files/Downloads/
legal/service-guides/Settlement.pdf.
\8\ Available at https://www.dtcc.com/legal/sec-rule-filings?subsidiary=DTC&pgs=1.
\9\ See Securities Exchange Act Release No. 87022 (September 19,
2019), 84 FR 50541 (September 25, 2019) (SR-DTC-2019-005).
---------------------------------------------------------------------------
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 proposed rule change would amend the Procedures set forth in
the Settlement Guide \10\ to extend the implementation timeframe for
the Approved Rule Change. In this regard, pursuant to the proposed rule
change, the Settlement Guide would be
[[Page 70257]]
amended to state that the Approved Rule Change will be implemented by
March 6, 2020, rather than being implemented by December 6, 2019, as
stated in the Settlement Guide, as discussed below.
---------------------------------------------------------------------------
\10\ Supra note 7.
---------------------------------------------------------------------------
Background
Pursuant to the Approved Rule Change, DTC will implement changes
(``Night Cycle Reengineering'') related to its processing of book-entry
Deliveries \11\ and Payment Orders \12\ in the DTC night cycle (``Night
Cycle''). As more fully described in the Original Rule Filing, Night
Cycle Reengineering is designed to maximize transaction throughput by
optimizing available positions and controlling the order in which
transactions are attempted for settlement within existing Night Cycle
timeframes. Upon implementation, the reengineered Night Cycle will
introduce a new, advanced settlement processing algorithm capable of
evaluating each Participant's transaction obligations, available
positions, transaction priorities and risk management controls,
including Net Debit Cap and Collateral Monitor,\13\ to identify the
transaction processing order that maximizes Night Cycle settlement
rates.
---------------------------------------------------------------------------
\11\ Pursuant to Rule 1, the term ``Delivery'' as used with
respect to a Security held in the form of a Security Entitlement on
the books of DTC, means debiting the Security from an Account of the
Deliverer and crediting the Security to an Account of the Receiver.
Supra note 1.
\12\ Pursuant to the Settlement Guide, ``Payment Order'' means a
transaction in which a Participant charges another Participant for
changes in value for outstanding stock loans or option contract
premiums. See Settlement Guide, supra note 7, at 5.
\13\ In managing its credit risk, DTC uses the Collateral
Monitor and Net Debit Cap. These two controls work together to
protect the DTC settlement system in the event of Participant
default. The Collateral Monitor requires net debit settlement
obligations, as they accrue intraday, to be fully collateralized;
the Net Debit Cap limits the amount of any Participant's net debit
settlement obligation to an amount that can be satisfied with DTC
liquidity resources (the Participants Fund and the committed line of
credit from a consortium of lenders). See Settlement Guide, supra
note 7, at 64-67.
---------------------------------------------------------------------------
Pursuant to the Settlement Guide, the changes set forth in the
Approved Rule Change are to take effect by December 6, 2019. DTC
proposes to extend the implementation timeframe for the Approved Rule
Change to allow additional time to facilitate finalization of
operational testing of DTC systems changes related to the
implementation of the Approved Rule Change.
In this regard, pursuant to the proposed rule change, DTC proposes
to amend the Settlement Guide with respect to the implementation
timeframe setting forth the date by which the Approved Rule Change will
become effective, as described below.
Proposed Rule Change
The Settlement Guide contains the following legend (``Original
Legend'') \14\ regarding the implementation timeframe for the Approved
Rule Change.
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\14\ See Settlement Guide, supra note 7 at 1.
[Changes to these Procedures, as amended by File No. SR-DTC-
2019-005, are available at dtcc.com/legal/sec-rule-filings?subsidiary=DTC. These changes have been approved by the
Securities and Exchange Commission but have not yet been
implemented. By December 6, 2019, these changes will be implemented,
and this legend will automatically be removed from these
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Procedures.]
Pursuant to the proposed rule change, this legend would be deleted
and replaced with the following revised legend (``Revised Legend'').
[Changes to these Procedures, as amended by File No. SR-DTC-
2019-005, are available at dtcc.com/legal/sec-rule-filings?subsidiary=DTC. These changes have been approved by the
Securities and Exchange Commission but have not yet been
implemented. By March 6, 2020, these changes will be implemented,
and this legend will automatically be removed from these
Procedures.]
Implementation Timeframe
The proposed rule change would become effective upon filing with
the Commission such that the text of the Settlement Guide would be
revised to delete the Original Legend and replace it with the Revised
Legend, as discussed above.
2. Statutory Basis
DTC believes this proposal is consistent with the requirements of
the Act and the rules and regulations thereunder applicable to a
registered clearing agency. Specifically, DTC believes this proposal is
consistent with Section 17A(b)(3)(F) of the Act \15\ for the reason
described below.
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\15\ 15 U.S.C. 78q-1(b)(3)(F).
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Section 17A(b)(3)(F) of the Act requires, in part, that the Rules
be designed to promote the prompt and accurate clearance and settlement
of securities transactions.\16\ DTC believes that by allowing
additional time to finalize operational testing of DTC system changes
related to the implementation of the Approved Rule Change, the proposed
rule change would facilitate the ability of DTC to implement the
Approved Rule Change in a manner that minimizes the possibility of
disruptions relating to implementation of Night Cycle Reengineering,
which is designed to maximize transaction throughput in the Night
Cycle, as discussed above. Therefore, DTC believes that the proposed
rule change to extend the implementation timeframe, which would allow
additional time for DTC to complete operational testing relating to the
Approved Rule Change, would promote the prompt and accurate clearance
and settlement of securities transactions, consistent with Section
17A(b)(3)(F) of the Act.
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\16\ Id.
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(B) Clearing Agency's Statement on Burden on Competition
DTC does not believe the proposed rule change would have any impact
on competition. The proposed rule change would extend the
implementation timeframe for the Approved Rule Change and not affect
existing processing of securities transactions at DTC.
(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
DTC has not solicited and does not intend to solicit written
comments regarding the proposed rule change. DTC has not received any
unsolicited written comments from interested parties. To the extent DTC
receives written comments on the proposed rule change, DTC will forward
such comments to the Commission.
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) of the Act \17\ and paragraph (f) of Rule 19b-4
thereunder.\18\ 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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\17\ 15 U.S.C. 78s(b)(3)(A).
\18\ 17 CFR 240.19b-4(f).
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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 70258]]
Electronic Comments
Use the Commission's internet comment form
(https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-DTC-2019-012 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549.
All submissions should refer to File Number SR-DTC-2019-012. 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 website (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 website 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 DTC and on DTCC's website
(https://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-DTC-2019-012 and should be submitted on
or before January 10, 2020.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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\19\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-27452 Filed 12-19-19; 8:45 am]
BILLING CODE 8011-01-P