Submission for OMB Review; Comment Request; Extension: Schedule 13E-4F, 4230-4231 [2023-01248]
Download as PDF
4230
Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Notices
scheduled reductions to the Default
Fund amount or recalculate the
liquidity indicators whenever
significant extraordinary liquidity is
injected intraday in the settlement
systems.
The policies and procedures set out in
the amended Framework, therefore, are
designed to enhance LCH SA’s ability to
measure, monitor, and manage the
liquidity risk that may arise in
connection with its activities as a
covered clearing agency. As such the
amendments to the Framework
regarding LCH SA’s liquidity
requirements are consistent with the
requirements of Regulation 17dA–
22(e)(7)(i) 12 requiring that a covered
clearing agency’s policies and
procedures be reasonably designed to
ensure that it maintains sufficient liquid
resources in all relevant currencies to
effect same-day and, where appropriate,
intraday and multiday settlement of
payment obligations with a high degree
of confidence under a wide range of
potential stress scenarios that includes
the default of the participant family that
would generate the largest aggregate
payment obligation for it in extreme but
plausible market conditions and also
with Regulation 17dA–22(e)(7)(ii) 13
requiring a covered clearing agency to
establish, implement, maintain and
enforce written policies and procedures
reasonably designed to ensure that it
holds qualifying liquid resources
sufficient to meet the minimum
liquidity resource requirement in each
relevant currency for which the covered
clearing agency has payment obligations
owed to clearing members.
tkelley on DSK125TN23PROD with NOTICES
B. Clearing Agency’s Statement on
Burden on Competition
CFR 240.17Ad–22(e)(7)(i).
CFR 240.17Ad–22(e)(7)(ii).
14 15 U.S.C. 78q–1(b)(3)(I).
13 17
VerDate Sep<11>2014
19:17 Jan 23, 2023
Jkt 259001
Written comments relating to the
proposed rule change have not been
solicited or received. LCH SA will
notify the Commission of any written
comments received by LCH SA.
III. Date of Effectiveness of the
Proposed Rule Change 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.
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:
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–
LCH SA–2023–001 on the subject line.
Paper Comments
Section 17A(b)(3)(I) of the Act
requires that the rules of a clearing
agency not impose any burden on
competition not necessary or
appropriate in furtherance of the
purposes of the Act.14 LCH SA does not
believe the Proposed Rule Change
would have any impact, or impose any
burden, on competition. The Proposed
Rule Change does not address any
competitive issue or have any impact on
the competition among central
counterparties. LCH SA operates an
open access model, and the Proposed
Rule Change will have no effect on this
model.
12 17
C. Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants or Others
• 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–LCH SA–2023–001. 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
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
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 LCH SA and on LCH SA’s
website at: https://www.lch.com/
resources/rulebooks/proposed-rulechanges. 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–LCH
SA–2023–001 and should be submitted
on or before February 14, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–01270 Filed 1–23–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–340, OMB Control No.
3235–0375]
Submission for OMB Review;
Comment Request; Extension:
Schedule 13E–4F
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget this
request for extension of the previously
approved collection of information
discussed below.
Schedule 13E–4F (17 CFR 240.13e102) may be used by an issuer that is
incorporated or organized under the
laws of Canada to make a cash tender
or exchange offer for the issuer’s own
securities if less than 40 percent of the
class of such issuer’s securities
outstanding that are the subject of the
tender offer is held by U.S. holders. The
15 17
E:\FR\FM\24JAN1.SGM
CFR 200.30–3(a)(12).
24JAN1
Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Notices
information collected must be filed with
the Commission and is publicly
available. We estimate that it takes
approximately 2 hours per response to
prepare Schedule 13E–4F and that the
information is filed by approximately 3
respondents annually for a total annual
reporting burden of 6 hours (2 hours per
response × 3 responses).
An agency may conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid control
number.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice by February 23, 2023 to (i)
www.reginfo.gov/public/do/PRAMain
and (ii) David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington,
DC 20549, or by sending an email to:
PRA_Mailbox@sec.gov.
Dated: January 18, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–01248 Filed 1–23–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96697; File No. SR–
NYSECHX–2023–02]
Self-Regulatory Organizations; NYSE
Chicago, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Modify Rule 7.31
tkelley on DSK125TN23PROD with NOTICES
January 18, 2023.
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 January 4,
2023, the NYSE Chicago, Inc. (‘‘NYSE
Chicago’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
1
2
15 U.S.C. 78s(b)(1).
17 CFR 240.19b–4.
VerDate Sep<11>2014
19:17 Jan 23, 2023
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 proposes to modify
Rule 7.31 regarding MPL–IOC Orders.
The proposed rule change is available
on the Exchange’s website at
www.nyse.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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Rule 7.31 regarding MPL–IOC Orders.
Rule 7.31(d)(3) defines a Mid-Point
Liquidity Order (‘‘MPL Order’’) as a
Limit Order to buy (sell) that is not
displayed and does not route, with a
working price at the lower (higher) of
the midpoint of the PBBO or its limit
price. An MPL Order may be entered
during any Exchange trading session
and is ranked Priority 3—Non-Display
Orders. An MPL Order to buy (sell)
must be designated with a limit price in
the minimum price variation for the
security and will be eligible to trade at
its working price.3 If there is no PBB or
PBO, or if the PBBO is locked or
crossed, an arriving or resting MPL
Order will not be eligible to trade until
the PBBO is not locked or crossed. If a
resting MPL Order to buy (sell) trades
with another MPL Order to sell (buy)
after the PBBO is unlocked or
uncrossed, the MPL Order with the later
working time will be the liquidityremoving order.4
An Aggressing MPL Order to buy
(sell) will trade at the working price of
resting orders to sell (buy) when such
resting orders have a working price at or
3
4
Jkt 259001
PO 00000
See Rule 7.31(d)(3)(A).
See Rule 7.31(d)(3)(B).
Frm 00081
Fmt 4703
Sfmt 4703
4231
below (above) the working price of the
MPL Order. Resting MPL Orders to buy
(sell) will trade against all Aggressing
Orders to sell (buy) priced at or below
(above) the working price of the MPL
Order.5
Currently, Rule 7.31(d)(3)(D) provides
that an MPL Order may be designated
with an Immediate-or-Cancel (‘‘IOC’’)
Modifier (an ‘‘MPL–IOC Order’’). An
MPL Order designated IOC will be
traded in whole or in part on the
Exchange as soon as such order is
received, and any untraded quantity
will be cancelled.6 Rule 7.31(d)(3)(D)
further provides that, subject to the IOC
Modifier, an MPL–IOC Order follows
the same trading and priority rules as an
MPL Order (as described above), except
that an MPL–IOC Order will be rejected
if (i) the order entry size is less than one
round lot or (ii) there is no PBBO or the
PBBO is locked or crossed.
The Exchange proposes to modify
Rule 7.31(d)(3)(D) to permit MPL–IOC
Orders to be entered in any size and
thus proposes to eliminate rule text
currently providing that an MPL–IOC
Order would be rejected if entered in a
quantity less than one round lot. The
Exchange believes that requiring MPL–
IOC Orders to be entered in round lots
is unnecessary and that providing
Participants with the option to enter
MPL–IOC Orders in odd lots could
increase liquidity and enhance
opportunities for order execution on the
Exchange. The Exchange notes that
permitting odd-lot order quantities is
not novel on the Exchange or other cash
equity exchanges and believes that this
proposed change would align the
Exchange’s handling of MPL–IOC
Orders with the treatment of equivalent
order types on other cash equity
exchanges.7
Because of the technology changes
associated with this proposed rule
change, the Exchange will announce the
implementation date by Trader Update,
See Rule 7.31(d)(3)(C).
See Rule 7.31(b)(2) (defining IOC Modifier).
7 See, e.g., Members Exchange Rules 11.8(c)(1)
and (2) (providing that a Midpoint Peg Order may
be designated IOC and may be entered as an odd
lot, round lot, or mixed lot); Cboe EDGX Exchange,
Inc. Rules 11.8(d)(1) and (2) (providing that a
MidPoint Peg Order may have an IOC instruction
and may be entered as an odd lot, round lot, or
mixed lot); Cboe EDGA Exchange, Inc. Rules
11.8(d)(1) and (2) (same). The Exchange also notes
that the rules of the Nasdaq Stock Market LLC
(‘‘Nasdaq’’), Cboe BZX Exchange, Inc. (‘‘BZX’’), and
Cboe BYX Exchange, Inc. (‘‘BYX’’) appear to permit
orders, including orders analogous to MPL–IOC
Orders, to be entered in any size. See Nasdaq Rule
4703(b) (providing that an order may be entered in
any whole share size, except as otherwise
provided); BZX Rule 11.2 (providing that orders are
eligible for odd-lot, round-lot, and mixed-lot
executions unless otherwise indicated); BYX Rule
11.2 (same).
5
6
E:\FR\FM\24JAN1.SGM
24JAN1
Agencies
[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4230-4231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01248]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[SEC File No. 270-340, OMB Control No. 3235-0375]
Submission for OMB Review; Comment Request; Extension: Schedule
13E-4F
Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
Schedule 13E-4F (17 CFR 240.13e-102) may be used by an issuer that
is incorporated or organized under the laws of Canada to make a cash
tender or exchange offer for the issuer's own securities if less than
40 percent of the class of such issuer's securities outstanding that
are the subject of the tender offer is held by U.S. holders. The
[[Page 4231]]
information collected must be filed with the Commission and is publicly
available. We estimate that it takes approximately 2 hours per response
to prepare Schedule 13E-4F and that the information is filed by
approximately 3 respondents annually for a total annual reporting
burden of 6 hours (2 hours per response x 3 responses).
An agency may conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
by February 23, 2023 to (i) www.reginfo.gov/public/do/PRAMain and (ii)
David Bottom, Director/Chief Information Officer, Securities and
Exchange Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC
20549, or by sending an email to: [email protected].
Dated: January 18, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01248 Filed 1-23-23; 8:45 am]
BILLING CODE 8011-01-P