Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing of and Immediate Effectiveness of a Proposed Rule Change To Make Administrative Updates to FICC's GSD Rules, MBSD Rules, EPN Rules, and Restated Certificate of Incorporation, 21217-21219 [2023-07411]
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Federal Register / Vol. 88, No. 68 / Monday, April 10, 2023 / Notices
clearance and settlement of securities
transactions.7 NSCC believes the
proposed rule change is consistent with
the Section 17A(b)(3)(F) of the Act.
As described above, the proposed rule
change would update (i) the NSCC
Certificate of Incorporation to change
NSCC’s registered agent for serving
process on NSCC and (ii) Rule 45 to
provide an email address for sending a
copy of notices to NSCC’s General
Counsel’s Office.
The proposed changes are intended to
update information on NSCC’s process
agent and how to send notices to NSCC.
With these changes, NSCC believes its
members and the public would be better
informed on how best to serve NSCC,
which could help promote the prompt
and accurate clearance and settlement of
securities transactions of those members
and the public, consistent with the
requirements of the Act, in particular
Section 17A(b)(3)(F) of the Act, cited
above.
ddrumheller on DSK120RN23PROD with NOTICES1
(B) Clearing Agency’s Statement on
Burden on Competition
NSCC does not believe that the
proposed rule change would have any
impact or impose any burden on
competition because, as described
above, the proposed rule change simply
updates certain process and notice
information and should not have any
competitive impact on members or their
use of NSCC services.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
NSCC has not received or solicited
any written comments relating to this
proposal. If any written comments are
received, NSCC will amend this filing to
publicly file such comments as an
Exhibit 2 to this filing, as required by
Form 19b–4 and the General
Instructions thereto.
Persons submitting written comments
are cautioned that, according to Section
IV (Solicitation of Comments) of the
Exhibit 1A in the General Instructions to
Form 19b–4, the Commission does not
edit personal identifying information
from comment submissions.
Commenters should submit only
information that they wish to make
available publicly, including their
name, email address, and any other
identifying information.
All prospective commenters should
follow the Commission’s instructions on
How to Submit Comments, available at
https://www.sec.gov/regulatory-actions/
how-to-submit-comments. General
questions regarding the rule filing
process or logistical questions regarding
this filing should be directed to the
Main Office of the Commission’s
Division of Trading and Markets at
tradingandmarkets@sec.gov or 202–
551–5777.
NSCC reserves the right to not
respond to any comments received.
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) 8 of the Act and paragraph
(f) 9 of Rule 19b–4 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.
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–
NSCC–2023–004 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
All submissions should refer to File
Number SR–NSCC–2023–004. 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 that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
8 15
7 15
U.S.C. 78q–1(b)(3)(F).
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18:13 Apr 07, 2023
9 17
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U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
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21217
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 NSCC 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–NSCC–
2023–004 and should be submitted on
or before May 1, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–07412 Filed 4–7–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–97247; File No. SR–FICC–
2023–005]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Notice of
Filing of and Immediate Effectiveness
of a Proposed Rule Change To Make
Administrative Updates to FICC’s GSD
Rules, MBSD Rules, EPN Rules, and
Restated Certificate of Incorporation
April 4, 2023.
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 March 30,
2023, Fixed Income Clearing
Corporation (‘‘FICC’’) 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. FICC filed the
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(3) thereunder.4 The
10 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)(3).
1 15
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10APN1
21218
Federal Register / Vol. 88, No. 68 / Monday, April 10, 2023 / Notices
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 5 would (i)
revise FICC’s Restated Certificate of
Incorporation 6 to update FICC’s
registered agent upon whom process
against FICC may be served and (ii)
update the Rules to remove an option
for sending notices by facsimile and
provide an email address for sending a
copy of any notices to FICC, as
described in greater detail 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 (i)
revise FICC’s Restated Certificate of
Incorporation to update FICC’s
registered agent upon whom process
against FICC may be served and (ii)
update the Rules to remove an option
for sending notices by facsimile and
provide an email address for sending a
copy of any notices to FICC, as
described in greater detail below.
ddrumheller on DSK120RN23PROD with NOTICES1
Proposed Updates to FICC’s Restated
Certificate of Incorporation
FICC’s Restated Certificate of
Incorporation currently states that the
Secretary of State is FICC’s designated
agent for service of process, and that
copies of any process against FICC shall
be mailed to FICC at 55 Water Street,
New York, NY 10041 (‘‘55 Water’’).
5 Capitalized terms not otherwise defined herein
are defined in the FICC Government Securities
Division Rulebook (‘‘GSD Rules’’), the FICC
Mortgage-Backed Securities Division Clearing Rules
(‘‘MBSD Rules’’), and the FICC Mortgage-Backed
Securities Division EPN Rules (‘‘EPN Rules,’’ and
together with the GSD Rules and the MBSD Rules,
the ‘‘Rules’’), as applicable, available at https://
www.dtcc.com/legal/rules-and-procedures.
6 FICC’s Restated Certificate of Incorporation is
available at https://www.dtcc.com/legal/rules-andprocedures.
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18:13 Apr 07, 2023
Jkt 259001
With FICC’s upcoming departure from
55 Water, FICC would amend its
Restated Certificate of Incorporation to
appoint C T Corporation System as its
registered agent upon whom process
against FICC may be served, and
provide C T Corporation System’s
address.
Proposed Updates to the Rules
FICC proposes to revise its Rules with
respect to how an Interested Person may
serve notice on FICC. The Rules
currently provide an option for service
via facsimile. FICC would revise the
Rules to remove the facsimile option
and provide for a copy of notices to be
sent to FICC’s General Counsel’s Office
via email.
2. Statutory Basis
Section 17A(b)(3)(F) of the Act
requires that the rules of the clearing
agency be designed, inter alia, to
promote the prompt and accurate
clearance and settlement of securities
transactions.7 FICC believes the
proposed rule change is consistent with
the Section 17A(b)(3)(F) of the Act.
As described above, the proposed rule
change would update (i) FICC’s Restated
Certificate of Incorporation to change
FICC’s registered agent for serving
process on FICC and (ii) the Rules to
remove an option to send notices to
FICC via facsimile and provide an email
address for sending a copy of notices to
FICC’s General Counsel’s Office.
The proposed changes are intended to
update information on FICC’s process
agent and how to send notices to FICC.
With these changes, FICC believes its
members and the public would be better
informed on how best to serve FICC,
which could help promote the prompt
and accurate clearance and settlement of
securities transactions of those members
and the public, consistent with the
requirements of the Act, in particular
Section 17A(b)(3)(F) of the Act, cited
above.
(B) Clearing Agency’s Statement on
Burden on Competition
FICC does not believe that the
proposed rule change would have any
impact or impose any burden on
competition because, as described
above, the proposed rule change simply
updates certain process and notice
information and should not have any
competitive impact on members or their
use of FICC services.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
FICC has not received or solicited any
written comments relating to this
proposal. If any written comments are
received, FICC will amend this filing to
publicly file such comments as an
Exhibit 2 to this filing, as required by
Form 19b–4 and the General
Instructions thereto.
Persons submitting written comments
are cautioned that, according to Section
IV (Solicitation of Comments) of the
Exhibit 1A in the General Instructions to
Form 19b–4, the Securities and
Exchange Commission (‘‘Commission’’)
does not edit personal identifying
information from comment submissions.
Commenters should submit only
information that they wish to make
available publicly, including their
name, email address, and any other
identifying information.
All prospective commenters should
follow the Commission’s instructions on
How to Submit Comments, available at
https://www.sec.gov/regulatory-actions/
how-to-submit-comments. General
questions regarding the rule filing
process or logistical questions regarding
this filing should be directed to the
Main Office of the Commission’s
Division of Trading and Markets at
tradingandmarkets@sec.gov or 202–
551–5777.
FICC reserves the right to not respond
to any comments received.
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) 8 of the Act and paragraph
(f) 9 of Rule 19b–4 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.
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:
8 15
7 15
PO 00000
U.S.C. 78q–1(b)(3)(F).
Frm 00047
Fmt 4703
Sfmt 4703
9 17
E:\FR\FM\10APN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
10APN1
Federal Register / Vol. 88, No. 68 / Monday, April 10, 2023 / 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–
FICC–2023–005 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
ddrumheller on DSK120RN23PROD with NOTICES1
All submissions should refer to File
Number SR–FICC–2023–005. 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 FICC 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–FICC–
2023–005 and should be submitted on
or before May 1, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–07411 Filed 4–7–23; 8:45 am]
BILLING CODE 8011–01–P
10 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:13 Apr 07, 2023
Jkt 259001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–97252; File No. SR–IEX–
2023–04]
Self-Regulatory Organizations;
Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Several IEX Rules To Permit, and in
Some Instances Require, Electronic
Service and Filing of Documents in
Disciplinary and Other Proceedings
April 4, 2023.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on April 3,
2023, the Investors Exchange LLC
(‘‘IEX’’ 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 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
Pursuant to the provisions of Section
19(b)(1) of Act,4 the Exchange is filing
with the Commission a proposed rule
change to amend IEX Rules 9.132, 9.133,
9.135, 9.146, 9.321, 9.341, 9.349, 9.351,
9.522, 9.524, 9.525, 9.559 and 9.630 to
permit, and in some instances require,
electronic service and filing of
documents in disciplinary and other
proceedings and appeals in conformity
with recent changes by the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’).
The Exchange has designated this
proposed rule change as ‘‘noncontroversial’’ under Section 19(b)(3)(A)
of the Act 5 and provided the
Commission with the notice required by
Rule 19b–4(f)(6) thereunder.6
The text of the proposed rule change
is available at the Exchange’s website at
www.iextrading.com, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
4 15 U.S.C. 78s(b)(1).
5 15 U.S.C. 78s(b)(3)(A).
6 17 CFR 240.19b–4.
2 15
PO 00000
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Fmt 4703
Sfmt 4703
21219
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 self-regulatory organization has
prepared summaries, set forth in
sections A, B, and C below, of the most
significant aspects 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 IEX
Rules 9.132, 9.133, 9.135, 9.146, 9.321,
9.341, 9.349, 9.351, 9.522, 9.524, 9.525,
9.559 and 9.630 to permit, and in some
instances require, electronic service and
filing of documents in disciplinary and
other proceedings and appeals in
conformity with recent changes by
FINRA.7
Background
In 2020, following the outbreak of the
Coronavirus Disease (‘‘COVID–19’’),
FINRA temporarily amended certain of
its rules, including rules related to the
method of service and filing in
disciplinary proceedings before the
Office of Hearing Officers (‘‘OHO’’) and
appeals before the National
Adjudicatory Council, among other
types of administrative proceedings (the
‘‘temporary amendments’’).8 The
temporary amendments allowed, and in
some instances required, FINRA to serve
certain documents on parties by
electronic mail (‘‘email’’) and required
parties to file or serve documents by
7 See Securities Exchange Act Release Nos. 94654
(April 8, 2022), 87 FR 22264 (April 14, 2022) (SR–
FINRA–2022–009) (‘‘Electronic Service
Amendments Filing’’).
8 See Securities Exchange Act Release No. 88917
(May 20, 2020), 85 FR 31832 (May 27, 2020) (SR–
FINRA–2020–015) (Notice and immediate
effectiveness of filing to temporarily amend certain
timing, method of service and other procedural
requirements in FINRA Rules during the outbreak
of COVID–19). FINRA extended the temporary
amendments several times before filing to make
certain of the aforementioned amendments
permanent. The temporary amendments included
rule changes to permit the conduct of virtual
hearings (i.e., FINRA Rules 9261 and 9830), which
rule changes are not being included in this
proposal. Rather, the Exchange is solely copying a
subset of rules covered by the temporary
amendments as discussed herein.
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Agencies
[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21217-21219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07411]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-97247; File No. SR-FICC-2023-005]
Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing of and Immediate Effectiveness of a Proposed Rule
Change To Make Administrative Updates to FICC's GSD Rules, MBSD Rules,
EPN Rules, and Restated Certificate of Incorporation
April 4, 2023.
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 March 30, 2023, Fixed Income Clearing Corporation (``FICC'') 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. FICC filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(3) thereunder.\4\ The
[[Page 21218]]
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)(3).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The proposed rule change \5\ would (i) revise FICC's Restated
Certificate of Incorporation \6\ to update FICC's registered agent upon
whom process against FICC may be served and (ii) update the Rules to
remove an option for sending notices by facsimile and provide an email
address for sending a copy of any notices to FICC, as described in
greater detail below.
---------------------------------------------------------------------------
\5\ Capitalized terms not otherwise defined herein are defined
in the FICC Government Securities Division Rulebook (``GSD Rules''),
the FICC Mortgage-Backed Securities Division Clearing Rules (``MBSD
Rules''), and the FICC Mortgage-Backed Securities Division EPN Rules
(``EPN Rules,'' and together with the GSD Rules and the MBSD Rules,
the ``Rules''), as applicable, available at https://www.dtcc.com/legal/rules-and-procedures.
\6\ FICC's Restated Certificate of Incorporation is available at
https://www.dtcc.com/legal/rules-and-procedures.
---------------------------------------------------------------------------
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 (i) revise FICC's Restated
Certificate of Incorporation to update FICC's registered agent upon
whom process against FICC may be served and (ii) update the Rules to
remove an option for sending notices by facsimile and provide an email
address for sending a copy of any notices to FICC, as described in
greater detail below.
Proposed Updates to FICC's Restated Certificate of Incorporation
FICC's Restated Certificate of Incorporation currently states that
the Secretary of State is FICC's designated agent for service of
process, and that copies of any process against FICC shall be mailed to
FICC at 55 Water Street, New York, NY 10041 (``55 Water''). With FICC's
upcoming departure from 55 Water, FICC would amend its Restated
Certificate of Incorporation to appoint C T Corporation System as its
registered agent upon whom process against FICC may be served, and
provide C T Corporation System's address.
Proposed Updates to the Rules
FICC proposes to revise its Rules with respect to how an Interested
Person may serve notice on FICC. The Rules currently provide an option
for service via facsimile. FICC would revise the Rules to remove the
facsimile option and provide for a copy of notices to be sent to FICC's
General Counsel's Office via email.
2. Statutory Basis
Section 17A(b)(3)(F) of the Act requires that the rules of the
clearing agency be designed, inter alia, to promote the prompt and
accurate clearance and settlement of securities transactions.\7\ FICC
believes the proposed rule change is consistent with the Section
17A(b)(3)(F) of the Act.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
As described above, the proposed rule change would update (i)
FICC's Restated Certificate of Incorporation to change FICC's
registered agent for serving process on FICC and (ii) the Rules to
remove an option to send notices to FICC via facsimile and provide an
email address for sending a copy of notices to FICC's General Counsel's
Office.
The proposed changes are intended to update information on FICC's
process agent and how to send notices to FICC. With these changes, FICC
believes its members and the public would be better informed on how
best to serve FICC, which could help promote the prompt and accurate
clearance and settlement of securities transactions of those members
and the public, consistent with the requirements of the Act, in
particular Section 17A(b)(3)(F) of the Act, cited above.
(B) Clearing Agency's Statement on Burden on Competition
FICC does not believe that the proposed rule change would have any
impact or impose any burden on competition because, as described above,
the proposed rule change simply updates certain process and notice
information and should not have any competitive impact on members or
their use of FICC services.
(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
FICC has not received or solicited any written comments relating to
this proposal. If any written comments are received, FICC will amend
this filing to publicly file such comments as an Exhibit 2 to this
filing, as required by Form 19b-4 and the General Instructions thereto.
Persons submitting written comments are cautioned that, according
to Section IV (Solicitation of Comments) of the Exhibit 1A in the
General Instructions to Form 19b-4, the Securities and Exchange
Commission (``Commission'') does not edit personal identifying
information from comment submissions. Commenters should submit only
information that they wish to make available publicly, including their
name, email address, and any other identifying information.
All prospective commenters should follow the Commission's
instructions on How to Submit Comments, available at https://www.sec.gov/regulatory-actions/how-to-submit-comments. General
questions regarding the rule filing process or logistical questions
regarding this filing should be directed to the Main Office of the
Commission's Division of Trading and Markets at
[email protected] or 202-551-5777.
FICC reserves the right to not respond to any comments received.
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) \8\ of the Act and paragraph (f) \9\ of Rule 19b-4
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.
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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 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 21219]]
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-FICC-2023-005 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-FICC-2023-005. 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 FICC 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-FICC-2023-005 and should be submitted on
or before May 1, 2023.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-07411 Filed 4-7-23; 8:45 am]
BILLING CODE 8011-01-P