80_FR_27926 80 FR 27833 - Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify the Rules of the Government Securities Division and the Mortgage-Backed Securities Division Regarding the Default of Fixed Income Clearing Corporation

80 FR 27833 - Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify the Rules of the Government Securities Division and the Mortgage-Backed Securities Division Regarding the Default of Fixed Income Clearing Corporation

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 93 (May 14, 2015)

Page Range27833-27834
FR Document2015-11590

Federal Register, Volume 80 Issue 93 (Thursday, May 14, 2015)
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27833-27834]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11590]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74908; File No. SR-FICC-2015-001]


Self-Regulatory Organizations; Fixed Income Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Clarify the Rules of the Government Securities Division and the 
Mortgage-Backed Securities Division Regarding the Default of Fixed 
Income Clearing Corporation

May 8, 2015.
    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 April 24, 2015, The 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 FICC. FICC filed the 
proposed rule change pursuant to Section 19(b)(3)(A) \3\ of the Act and 
Rule 19b-4(f)(1) \4\ thereunder, so that the proposal was effective 
upon filing with the Commission. The Commission is publishing this 
notice to solicit comments on the rule change from interested parties.
---------------------------------------------------------------------------

    \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)(1).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change is a clarification of the meaning of 
clause (b)(i) of Rule 22B of the Government Securities Division 
(``GSD'') of Fixed Income Clearing Corporation (``FICC'' or the 
``Corporation'') and the meaning of clause (b)(i) of Rule 17A of the 
Mortgage-Backed Securities Division (``MBSD'') of FICC (together the 
``Corporation Default Rules''). This clarification does not require a 
change to the text of the rules of GSD (the ``GSD Rules'') or the text 
of the rules of MBSD (the ``MBSD Rules'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

    In its filing with the Commission, FICC 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. FICC 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
    It has come to the attention of FICC that, although the texts of 
the Corporation Default Rules are clear, the narrative description of 
the rule changes to the Corporation Default Rules recently implemented 
by FICC in its rule filing SR-FICC-2014-09 \5\ could be construed as 
ambiguous as to the relationship between the 7 calendar day grace 
period applicable under clause (b)(i) of the Corporation Default Rules 
and FICC's authority to suspend its rules under GSD Rule 42 (Suspension 
of Rules) and MBSD Rule 33 (Suspension of Rules in Emergency 
Circumstances), as applicable. By this proposed rule change, FICC is 
clarifying that the 7 calendar day grace period applicable under clause 
(b)(i) of GSD Rule 22B cannot be extended by application of any GSD 
Rule, including GSD Rule 42 (Suspension of Rules), and that the 7 
calendar day grace period applicable under clause (b)(i) of MBSD Rule 
17A cannot be extended by application of any MBSD Rule, including MBSD 
Rule 33 (Suspension of Rules in Emergency Circumstances).
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 73682 (November 25, 
2014), 79 FR 71481 (December 2, 2014) (File No. SR-FICC-2014-09).
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(2) Statutory Basis
    The proposed rule change is consistent with Section 17A(b)(3)(F) 
\6\ of the Act and the rules and regulations promulgated thereunder 
because it will promote the prompt and accurate clearance and 
settlement of securities transactions in that it will provide clarity 
to FICC members regarding their rights and obligations and the rights 
and obligations of the Corporation under clause (b)(i) of the 
Corporation Default Rules.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(F).

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[[Page 27834]]

(B) Clearing Agency's Statement on Burden on Competition

    FICC does not believe that the proposed rule change will have any 
impact, or impose any burden, on competition because it relates to a 
clarification of the meaning of the Corporation Default Rules that 
would apply equally to all FICC members.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been 
solicited or received. FICC will notify the Commission of any written 
comments received by FICC.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing change has become effective pursuant to Section 
19(b)(3)(A) of the Act and paragraph (f)(1) 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-FICC-2015-001 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FICC-2015-001. 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 of submission. The Commission will post all 
comments on the Commission's Internet Web site (http://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 Web site 
viewing and printing in the Commission's Public Reference Section, 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 filing also will 
be available for inspection and copying at the principal office of FICC 
and on FICC's Web site at http://www.dtcc.com/legal/sec-rule-filings.aspx. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly.
    All submissions should refer to File Number SR-FICC-2015-001 and 
should be submitted on or before June 4, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11590 Filed 5-13-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices                                                   27833

                                              to determine whether the proposed rule                    For the Commission, by the Division of              II. Clearing Agency’s Statement of the
                                              should be approved or disapproved.                      Trading and Markets, pursuant to delegated            Purpose of, and Statutory Basis for, the
                                                                                                      authority.31                                          Proposed Rule Change
                                              IV. Solicitation of Comments                            Robert W. Errett,
                                                                                                      Deputy Secretary.                                       In its filing with the Commission,
                                                Interested persons are invited to                                                                           FICC included statements concerning
                                              submit written data, views, and                         [FR Doc. 2015–11604 Filed 5–13–15; 8:45 am]
                                                                                                                                                            the purpose of and basis for the
                                              arguments concerning the foregoing,                     BILLING CODE 8011–01–P
                                                                                                                                                            proposed rule change and discussed any
                                              including whether the proposed rule                                                                           comments it received on the proposed
                                              change is consistent with the Act.                                                                            rule change. The text of these statements
                                              Comments may be submitted by any of                     SECURITIES AND EXCHANGE
                                                                                                      COMMISSION                                            may be examined at the places specified
                                              the following methods:                                                                                        in Item IV below. FICC has prepared
                                              Electronic Comments                                     [Release No. 34–74908; File No. SR–FICC–              summaries, set forth in sections A, B
                                                                                                      2015–001]                                             and C below, of the most significant
                                                • Use the Commission’s Internet                                                                             aspects of such statements.
                                              comment form (http://www.sec.gov/                       Self-Regulatory Organizations; Fixed
                                              rules/sro.shtml); or                                    Income Clearing Corporation; Notice of                (A) Clearing Agency’s Statement of the
                                                                                                      Filing and Immediate Effectiveness of                 Purpose of, and Statutory Basis for, the
                                                • Send an email to rule-comments@                                                                           Proposed Rule Change
                                              sec.gov. Please include File Number SR–                 Proposed Rule Change To Clarify the
                                                                                                      Rules of the Government Securities                    (1) Purpose
                                              NYSEMKT–2015–39 on the subject line.
                                                                                                      Division and the Mortgage-Backed
                                              Paper Comments                                          Securities Division Regarding the                       It has come to the attention of FICC
                                                                                                      Default of Fixed Income Clearing                      that, although the texts of the
                                                • Send paper comments in triplicate                   Corporation                                           Corporation Default Rules are clear, the
                                              to Brent J. Fields, Secretary, Securities                                                                     narrative description of the rule changes
                                              and Exchange Commission, 100 F Street                   May 8, 2015.
                                                                                                                                                            to the Corporation Default Rules
                                              NE., Washington, DC 20549–1090.                            Pursuant to Section 19(b)(1) of the                recently implemented by FICC in its
                                                                                                      Securities Exchange Act of 1934                       rule filing SR–FICC–2014–09 5 could be
                                              All submissions should refer to File                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                              Number SR–NYSEMKT–2015–39. This                                                                               construed as ambiguous as to the
                                                                                                      notice is hereby given that, on April 24,             relationship between the 7 calendar day
                                              file number should be included on the                   2015, The Fixed Income Clearing
                                              subject line if email is used. To help the                                                                    grace period applicable under clause
                                                                                                      Corporation (‘‘FICC’’) filed with the                 (b)(i) of the Corporation Default Rules
                                              Commission process and review your                      Securities and Exchange Commission                    and FICC’s authority to suspend its
                                              comments more efficiently, please use                   (‘‘Commission’’) the proposed rule                    rules under GSD Rule 42 (Suspension of
                                              only one method. The Commission will                    change as described in Items I, II and III            Rules) and MBSD Rule 33 (Suspension
                                              post all comments on the Commission’s                   below, which Items have been prepared
                                                                                                                                                            of Rules in Emergency Circumstances),
                                              Internet Web site (http://www.sec.gov/                  by FICC. FICC filed the proposed rule
                                                                                                                                                            as applicable. By this proposed rule
                                              rules/sro.shtml). Copies of the                         change pursuant to Section 19(b)(3)(A) 3
                                                                                                                                                            change, FICC is clarifying that the 7
                                              submission, all subsequent                              of the Act and Rule 19b–4(f)(1) 4
                                                                                                                                                            calendar day grace period applicable
                                              amendments, all written statements                      thereunder, so that the proposal was
                                                                                                                                                            under clause (b)(i) of GSD Rule 22B
                                              with respect to the proposed rule                       effective upon filing with the
                                                                                                                                                            cannot be extended by application of
                                              change that are filed with the                          Commission. The Commission is
                                                                                                                                                            any GSD Rule, including GSD Rule 42
                                              Commission, and all written                             publishing this notice to solicit
                                                                                                                                                            (Suspension of Rules), and that the 7
                                              communications relating to the                          comments on the rule change from
                                                                                                                                                            calendar day grace period applicable
                                              proposed rule change between the                        interested parties.
                                                                                                                                                            under clause (b)(i) of MBSD Rule 17A
                                              Commission and any person, other than                   I. Clearing Agency’s Statement of the                 cannot be extended by application of
                                              those that may be withheld from the                     Terms of Substance of the Proposed                    any MBSD Rule, including MBSD Rule
                                              public in accordance with the                           Rule Change                                           33 (Suspension of Rules in Emergency
                                              provisions of 5 U.S.C. 552, will be                        The proposed rule change is a                      Circumstances).
                                              available for Web site viewing and                      clarification of the meaning of clause
                                              printing in the Commission’s Public                                                                           (2) Statutory Basis
                                                                                                      (b)(i) of Rule 22B of the Government
                                              Reference Room, 100 F Street NE.,                       Securities Division (‘‘GSD’’) of Fixed                   The proposed rule change is
                                              Washington, DC 20549 on official                        Income Clearing Corporation (‘‘FICC’’ or              consistent with Section 17A(b)(3)(F) 6 of
                                              business days between the hours of                      the ‘‘Corporation’’) and the meaning of               the Act and the rules and regulations
                                              10:00 a.m. and 3:00 p.m. Copies of such                 clause (b)(i) of Rule 17A of the                      promulgated thereunder because it will
                                              filing also will be available for                       Mortgage-Backed Securities Division                   promote the prompt and accurate
                                              inspection and copying at the principal                 (‘‘MBSD’’) of FICC (together the                      clearance and settlement of securities
                                              office of the Exchange. All comments                    ‘‘Corporation Default Rules’’). This                  transactions in that it will provide
                                              received will be posted without change;                 clarification does not require a change               clarity to FICC members regarding their
                                              the Commission does not edit personal                   to the text of the rules of GSD (the ‘‘GSD            rights and obligations and the rights and
                                              identifying information from                            Rules’’) or the text of the rules of MBSD             obligations of the Corporation under
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                                              submissions. You should submit only                     (the ‘‘MBSD Rules’’).                                 clause (b)(i) of the Corporation Default
                                              information that you wish to make                                                                             Rules.
                                              available publicly. All submissions                       31 17 CFR 200.30–3(a)(12).
                                                                                                        1 15 U.S.C. 78s(b)(1).
                                              should refer to File Number SR–                           2 17 CFR 240.19b–4.
                                                                                                                                                              5 See Securities Exchange Act Release No. 73682

                                              NYSEMKT–2015–39, and should be                                                                                (November 25, 2014), 79 FR 71481 (December 2,
                                                                                                        3 15 U.S.C. 78s(b)(3)(A).                           2014) (File No. SR–FICC–2014–09).
                                              submitted on or before June 4, 2015.                      4 17 CFR 240.19b–4(f)(1).                             6 15 U.S.C. 78q–1(b)(3)(F).




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                                              27834                          Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices

                                              (B) Clearing Agency’s Statement on                      amendments, all written statements                       administrative expansion requirements,
                                              Burden on Competition                                   with respect to the proposed rule                        and accommodate state-of-the-art
                                                FICC does not believe that the                        change that are filed with the                           equipment upgrades. The need for the
                                              proposed rule change will have any                      Commission, and all written                              project is to provide a replacement
                                              impact, or impose any burden, on                        communications relating to the                           ATCT, as the existing ATCT was
                                              competition because it relates to a                     proposed rule change between the                         constructed as part of the original
                                              clarification of the meaning of the                     Commission and any person, other than                    terminal building, which is planned to
                                              Corporation Default Rules that would                    those that may be withheld from the                      be demolished. A new ATCT and Base
                                              apply equally to all FICC members.                      public in accordance with the                            Building at PIA would be able to meet
                                                                                                      provisions of 5 U.S.C. 552, will be                      these needs. The FAA has prepared a
                                              (C) Clearing Agency’s Statement on                      available for Web site viewing and
                                              Comments on the Proposed Rule                                                                                    Draft Environmental Assessment (DEA)
                                                                                                      printing in the Commission’s Public                      in conformance with the requirements
                                              Change Received From Members,                           Reference Section, 100 F Street NE.,
                                              Participants or Others                                                                                           of the National Environmental Policy
                                                                                                      Washington, DC 20549, on official
                                                                                                                                                               Act of 1969 (NEPA) and FAA Order
                                                Written comments relating to the                      business days between the hours of
                                              proposed rule change have not been                      10:00 a.m. and 3:00 p.m. Copies of such                  1050.1E, Environmental Impacts:
                                              solicited or received. FICC will notify                 filing also will be available for                        Policies and Procedures. The DEA
                                              the Commission of any written                           inspection and copying at the principal                  analyzes the potential environmental
                                              comments received by FICC.                              office of FICC and on FICC’s Web site                    impacts that may result from
                                                                                                      at http://www.dtcc.com/legal/sec-rule-                   construction and operation of the
                                              III. Date of Effectiveness of the                                                                                proposed new ATCT and Base Building
                                                                                                      filings.aspx. All comments received will
                                              Proposed Rule Change and Timing for                                                                              at the proposed site, as well as the no
                                              Commission Action                                       be posted without change; the
                                                                                                      Commission does not edit personal                        action alternative (i.e., not constructing
                                                 The foregoing change has become                      identifying information from                             and operating the new ATCT).
                                              effective pursuant to Section 19(b)(3)(A)               submissions. You should submit only
                                              of the Act and paragraph (f)(1) of Rule                                                                          DATES: The FAA will accept written
                                                                                                      information that you wish to make                        comments on the DEA until close of
                                              19b–4 thereunder. At any time within                    available publicly.
                                              60 days of the filing of the proposed rule                 All submissions should refer to File                  business on June 29, 2015.
                                              change, the Commission summarily may                    Number SR–FICC–2015–001 and should                       ADDRESSES:  The DEA is available for
                                              temporarily suspend such rule change if                 be submitted on or before June 4, 2015.                  public review during a 30–day public
                                              it appears to the Commission that such                                                                           comment period at the following
                                                                                                        For the Commission, by the Division of
                                              action is necessary or appropriate in the               Trading and Markets, pursuant to delegated               locations:
                                              public interest, for the protection of                  authority.7
                                              investors, or otherwise in furtherance of               Robert W. Errett,
                                                                                                                                                               Alpha Park Public Library, 3527 Airport
                                              the purposes of the Act.                                                                                           Road, Bartonville, IL 61607.
                                                                                                      Deputy Secretary.
                                              IV. Solicitation of Comments                            [FR Doc. 2015–11590 Filed 5–13–15; 8:45 am]              Peoria International Airport—
                                                                                                                                                                 Metropolitan Airport Authority of
                                                Interested persons are invited to                     BILLING CODE 8011–01–P
                                                                                                                                                                 Peoria, 6100 W. Everett McKinley
                                              submit written data, views, and
                                              arguments concerning the foregoing,                                                                                Dirksen Parkway, Peoria, IL 61607.
                                              including whether the proposed rule                     DEPARTMENT OF TRANSPORTATION                               Written comments on the DEA may be
                                              change is consistent with the Act.                                                                               sent to: Ms. Virginia Marcks, FAA,
                                              Comments may be submitted by any of                     Federal Aviation Administration
                                                                                                                                                               AJW–2C15H, 2300 East Devon Ave., Des
                                              the following methods:                                                                                           Plaines, IL 60018, fax 847–294–7698,
                                                                                                      Notice of Availability of a Draft
                                              Electronic Comments                                     Environmental Assessment                                 email virginia.marcks@faa.gov. Copies
                                                                                                                                                               of the Draft EA on compact disk may be
                                                • Use the Commission’s Internet                       AGENCY:  Federal Aviation                                obtained by contacting Ms. Virginia
                                              comment form (http://www.sec.gov/                       Administration (FAA), DOT.
                                              rules/sro.shtml); or                                                                                             Marcks. Comments received on the DEA
                                                                                                      ACTION: Notice of Availability of a Draft                during the public comment period will
                                                • Send an email to rule-comments@                     Environmental Assessment (DEA) for a
                                              sec.gov. Please include File Number SR–                                                                          be addressed in the Final Environmental
                                                                                                      Proposed Airport Traffic Control Tower                   Assessment.
                                              FICC–2015–001 on the subject line.                      and Associated Base Building, Peoria
                                              Paper Comments                                          International Airport, Peoria, Illinois.                 FOR FURTHER INFORMATION CONTACT:    Ms.
                                                                                                                                                               Virginia Marcks, Manager, Infrastructure
                                                • Send paper comments in triplicate                   SUMMARY:    The Federal Aviation
                                              to Brent J. Fields, Secretary, Securities                                                                        Engineering Center, Federal Aviation
                                                                                                      Administration (FAA) proposes to fund,                   Administration, 2300 East Devon
                                              and Exchange Commission, 100 F Street                   construct, and operate a new Airport
                                              NE., Washington, DC 20549–1090.                                                                                  Avenue, Des Plaines, Illinois 60018.
                                                                                                      Traffic Control Tower (ATCT) and Base                    Telephone number: 847–294–7494.
                                              All submissions should refer to File                    Building at the General Wayne A.
                                              Number SR–FICC–2015–001. This file                                                                               Email: virginia.marcks@faa.gov.
                                                                                                      Downing—Peoria International Airport
                                              number should be included on the                        (PIA), Peoria, Illinois. The FAA’s                         Issued in Des Plaines, Illinois, May 8, 2015.
                                              subject line if email is used. To help the              preferred alternative is to construct the                Virginia Marcks,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Commission process and review your                      ATCT at a location approximately 1,000                   Manager, Infrastructure Engineering Center,
                                              comments more efficiently, please use                   feet east of the PIA terminal building.                  Federal Aviation Administration, Chicago,
                                              only one method of submission. The                         The purpose of the proposed project                   AJW–2C15H Central Service Area.
                                              Commission will post all comments on                    is to improve operational efficiency,                    [FR Doc. 2015–11659 Filed 5–13–15; 8:45 am]
                                              the Commission’s Internet Web site                      meet existing and future operational and
                                                                                                                                                               BILLING CODE 4910–13–P
                                              (http://www.sec.gov/rules/sro.shtml).
                                              Copies of the submission, all subsequent                  7 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 15:33:09
Document Modified: 2015-12-15 15:33:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 27833 

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