Self-Regulatory Organizations; BOX Exchange LLC; Notice of Designation of Longer Period for Commission Action on a Proposed Rule Change To Amend the Provisions of the Limited Liability Company Agreement and Bylaws To Accommodate the Exchange's Regulation of Multiple Facilities, 19787-19788 [2020-07332]
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Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Notices
(B) Clearing Agency’s Statement on
Burden on Competition
ICC does not believe the proposed
rule change would have any impact, or
impose any burden, on competition.
The proposed rule change to formalize
the Instrument On-boarding Policy will
apply uniformly across all market
participants. Therefore, ICC does not
believe the proposed rule change
imposes any burden on competition that
is inappropriate in furtherance of the
purposes of the Act.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change, Security-Based Swap
Submission, or Advance Notice
Received From Members, Participants or
Others
Written comments relating to the
proposed rule change have not been
solicited or received. ICC will notify the
Commission of any written comments
received by ICC.
III. Date of Effectiveness of the
Proposed Rule Change, Security-Based
Swap Submission, or Advance Notice
and Timing for Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
such proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
lotter on DSKBCFDHB2PROD with NOTICES
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, security-based swap
submission, or advance notice is
consistent with the Act. Comments may
be submitted by any of the following
methods:
All submissions should refer to File
Number SR–ICC–2020–004. 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, security-based swap
submission, or advance notice that are
filed with the Commission, and all
written communications relating to the
proposed rule change, security-based
swap submission, or advance notice
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 such
filings will also be available for
inspection and copying at the principal
office of ICE Clear Credit and on ICE
Clear Credit’s website at https://
www.theice.com/clear-credit/regulation.
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–ICC–2020–004 and
should be submitted on or before April
29, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
J. Matthew DesLesDernier,
Assistant Secretary.
[FR Doc. 2020–07334 Filed 4–7–20; 8:45 am]
BILLING CODE 8011–01–P
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
ICC–2020–004 on the subject line.
Paper Comments
Send paper comments in triplicate to
Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
VerDate Sep<11>2014
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88542; File No. SR–BOX–
2020–04]
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Designation
of Longer Period for Commission
Action on a Proposed Rule Change To
Amend the Provisions of the Limited
Liability Company Agreement and
Bylaws To Accommodate the
Exchange’s Regulation of Multiple
Facilities
April 2, 2020.
On February 4, 2020, BOX Exchange
LLC (‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend the provisions of the Exchange’s
limited liability company agreement
and bylaws to accommodate the
Exchange’s potential regulation of
multiple facilities. The proposed rule
change was published for comment in
the Federal Register on February 25,
2020.3 The Commission has received no
comment letters on the proposed rule
change.
Section 19(b)(2) of the Act 4 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 is April 10, 2020.
The Commission hereby is extending
the 45-day 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, pursuant to Section
19(b)(2) of the Act,5 the Commission
designates May 25, 2020 as the date by
which the Commission shall either
15 U.S.C. 78s(b)(1).
17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 88236
(February 19, 2020), 85 FR 10765.
4 15 U.S.C. 78s(b)(2).
5 Id.
1
2
14 17
PO 00000
CFR 200.30–3(a)(12).
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Federal Register / Vol. 85, No. 68 / Wednesday, April 8, 2020 / Notices
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change
(File No. SR–BOX–2020–04).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–07332 Filed 4–7–20; 8:45 am]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88543; File No. SR–MIAX–
2020–06]
Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Temporarily Extend Certain
Filing Requirements
April 2, 2020.
Pursuant to the provisions of 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 March 30, 2020, Miami International
Securities Exchange, LLC (‘‘MIAX
Options’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I and II below,
which Items have been prepared by the
Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
lotter on DSKBCFDHB2PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing a proposal to
temporarily extend the filing
requirements for certain written reports,
currently due April 1, 2020 pursuant to
Exchange Rule 1308, Supervision of
Accounts, to June 1, 2020.
The text of the proposed rule change
is available on the Exchange’s website at
https://www.miaxoptions.com/rulefilings/ at MIAX Options’ principal
office, 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
17 CFR 200.30–3(a)(31).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
6
1 15
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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
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
1. Purpose
Given current market conditions, the
Exchange proposes to provide its
members temporary relief from filing
certain supervision-related reports
pursuant to Exchange Rule 1308
(Supervision of Accounts).3
In December 2019, COVID–19 began
to spread and disrupt company
operations and supply chains and
impact consumers and investors,
resulting in a dramatic slowdown in
production and spending.4 By March
11, 2020, the World Health Organization
characterized COVID–19 as a
pandemic.5 To slow the spread of the
disease, federal and state officials
implemented social-distancing
measures, placed significant limitations
on large gatherings, limited travel, and
closed non-essential businesses. These
measures have affected the U.S.
markets.6 In the United States, Level 1
3 The Exchange notes that MIAX Rule 1308 is
incorporated by reference into the rulebooks of
MIAX PEARL, LLC (‘‘PEARL’’) and MIAX Emerald,
LLC (‘‘Emerald’’). As such, the amendments to
MIAX Rule 1308 proposed herein will also impact
PEARL and Emerald Rules 1308.
4 See, e.g., Chairman Jay Clayton, Proposed
Amendments to Modernize and Enhance Financial
Disclosures; Other Ongoing Disclosure
Modernization Initiatives; Impact of the
Coronavirus; Environmental and Climate-Related
Disclosure (Jan. 30, 2020), available at https://
www.sec.gov/news/publicstatement/clayton-mda2020-01-30. (‘‘Yesterday, I asked the staff to monitor
and, to the extent necessary or appropriate, provide
guidance and other assistance to issuers and other
market participants regarding disclosures related to
the current and potential effects of the coronavirus.
We recognize that such effects may be difficult to
assess or predict with meaningful precision both
generally and as an industry- or issuer-specific
basis. This is an uncertain issue where actual effects
will depend on many factors beyond the control
and knowledge of issuers.’’).
5 See WHO Director-General’s Opening Remarks
at the Media Briefing on COVID–19 (March 11,
2020), available at https://www.who.int/dg/
speeches/detail/who-director-general-s-openingremarksat-the-media-briefing-on-covid-19-11march-2020.
6 ‘‘Analysts showed that we saw the fastest
‘correction’ in history (down 10% from a high),
occurring in a matter of days. In the last week of
February, the Dow fell 12.36% with notional
trading of $3.6 trillion.’’ See Phil Mackintosh,
Putting the Recent Volatility in Perspective,
available at https://www.nasdaq.com/articles/
PO 00000
Frm 00064
Fmt 4703
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market wide circuit breaker halts were
triggered on March 9, March 12, March
16, and March 18, 2020. While markets
have seen significant declines,
governments around the world are
undertaking efforts to stabilize the
economy and assist affected companies
and their employees.7
Amidst this market uncertainty, the
Exchange is seeking to address potential
challenges that members may face in
timely meeting their obligations to
submit to the Exchange annual
supervision-related reports under
Exchange Rule 1308(g) and (h)
(‘‘Supervision Reporting
Requirements’’), especially in light of
unforeseen and uncertain demands on
resources required to respond to
COVID–19. Exchange Rule 1308(g)
requires each Exchange member that
conducts a non-member customer
business to submit to the Exchange a
written report on the member’s
supervision and compliance effort
during the preceding year and on the
adequacy of the member’s ongoing
compliance processes and procedures.
Each member that conducts a public
customer options business is also
required to specifically include its
options compliance program in the
report.8 The Exchange Rule 1308(g)
report is due on April 1 of each year.
Exchange Rule 1308(h) requires that
each member submit, by April 1 of each
year, a copy of the Rule 1308(g) report
to one or more control persons or, if the
member has no control person, to the
audit committee of its board of directors
or its equivalent committee or group.9
Accordingly, the Exchange proposes
to provide temporary relief for members
from the Supervision Reporting
Requirements by extending the April 1,
2020 filing deadlines described above to
June 1, 2020. The Exchange believes
that this temporary relief will permit
members to focus on running their
businesses and the immediate health
crisis caused by the COVID–19
pandemic, including its impact on their
employees, customers, and
communities.
putting-the-recent-volatility-in-perspective2020-0305.
7 See, e.g., the list of actions undertaken by the
Board of Governors of the Federal Reserve System
at https://www.federalreserve.gov/covid-19.htm. See
also Families First Coronavirus Response Act,
Public Law 116–127.
8 The report shall include, but not be limited to,
the information set out in Exchange Rule
1308(g)(1)–(6).
9 See Exchange Rule 1308(h) for the meaning of
the term ‘‘control person’’ and requirements in the
case of a control person that is an organization.
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Agencies
[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Notices]
[Pages 19787-19788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07332]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-88542; File No. SR-BOX-2020-04]
Self-Regulatory Organizations; BOX Exchange LLC; Notice of
Designation of Longer Period for Commission Action on a Proposed Rule
Change To Amend the Provisions of the Limited Liability Company
Agreement and Bylaws To Accommodate the Exchange's Regulation of
Multiple Facilities
April 2, 2020.
On February 4, 2020, BOX Exchange LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend the
provisions of the Exchange's limited liability company agreement and
bylaws to accommodate the Exchange's potential regulation of multiple
facilities. The proposed rule change was published for comment in the
Federal Register on February 25, 2020.\3\ The Commission has received
no comment letters on the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 88236 (February 19,
2020), 85 FR 10765.
---------------------------------------------------------------------------
Section 19(b)(2) of the Act \4\ 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
is April 10, 2020.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
The Commission hereby is extending the 45-day 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, pursuant to Section
19(b)(2) of the Act,\5\ the Commission designates May 25, 2020 as the
date by which the Commission shall either
[[Page 19788]]
approve or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-BOX-2020-04).
---------------------------------------------------------------------------
\5\ Id.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------
\6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-07332 Filed 4-7-20; 8:45 am]
BILLING CODE 8011-01-P