80_FR_43287 80 FR 43148 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Consisting of an Amendment to MSRB Rule G-45, on Reporting of Information on Municipal Fund Securities

80 FR 43148 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Consisting of an Amendment to MSRB Rule G-45, on Reporting of Information on Municipal Fund Securities

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 139 (July 21, 2015)

Page Range43148-43150
FR Document2015-17779

Federal Register, Volume 80 Issue 139 (Tuesday, July 21, 2015)
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43148-43150]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17779]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75454; File No. SR-MSRB-2015-05]


Self-Regulatory Organizations; Municipal Securities Rulemaking 
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule 
Change Consisting of an Amendment to MSRB Rule G-45, on Reporting of 
Information on Municipal Fund Securities

July 15, 2015.
    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 June 30, 2015, the Municipal Securities Rulemaking Board (the 
``MSRB'' or ``Board'') filed with the Securities and Exchange 
Commission (the ``SEC'' or ``Commission'') the proposed rule change as 
described in Items I and II below, which Items have been prepared by 
the MSRB. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The MSRB filed with the Commission a proposed rule change 
consisting of an amendment to MSRB Rule G-45, on reporting of 
information on municipal fund securities (``proposed rule change''). 
The proposed rule change would delay by 60 days, until October 28, 
2015, the date on which the first submissions must be made pursuant to 
Rule G-45. The first submissions on Form G-45 currently are due August 
29, 2015. The MSRB proposes an immediate effectiveness for the proposed 
rule change. The proposed rule change would extend by 60 days the due 
date under a previously approved rule for the first submissions on Form 
G-45.
    The text of the proposed rule change is available on the MSRB's Web 
site at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2015-Filings.aspx, at the MSRB's 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 MSRB included statements 
concerning the purpose of and basis for the

[[Page 43149]]

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 MSRB 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The MSRB proposes to extend by 60 days until October 28, 2015 the 
date the first submissions are due under Rule G-45 on Form G-45. On 
February 21, 2014, the Commission approved the adoption of Rule G-45, 
on reporting of municipal fund securities, and electronic Form G-45, as 
well as associated amendments to Rules G-8, on books and records, and 
G-9, on preservation of records.\3\ The effective date for that rule 
change was February 24, 2015. The first submissions under Rule G-45 are 
due August 29, 2015, which is 60 days from the end of the first 
reporting period of January 1-June 30, 2015. The purpose of Rule G-45 
is to enable the MSRB to collect reliable information about 529 college 
savings plans (``529 plans'') solely for regulatory purposes and to 
analyze that information to better understand the market and the manner 
in which assets are invested.
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    \3\ Exchange Act Release No. 71598 (Feb. 21, 2014), 79 FR 11161 
(Feb. 27, 2014) (SR-MSRB-2013-04).
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    After the SEC's approval of Rule G-45 and Form G-45, MSRB staff 
formed an industry User Group to develop the Form G-45 User's Manual 
(the ``manual''), which the rule specifies would include technical 
specifications for the Form, such as data entry. User Group members 
include representatives from twelve different industry organizations 
ranging from organizations that are involved in the distribution of 
multiple 529 plans to those that participate in the distribution of 
interests in only one plan. The range of expertise of User Group 
members includes data services provision and program management.
    The User Group recommended that underwriters be afforded two 
methods of submitting data to the MSRB on Form G-45--manual submissions 
through the MSRB's Electronic Municipal Market Access Web site 
(``EMMA[supreg]'') \4\ dataport web user interface and automated 
submissions through a computer-to-computer (``B2B'') interface. MSRB 
staff was responsive to those recommendations, and developed the two 
interfaces.
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    \4\ EMMA is a registered trademark of the MSRB.
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    In February 2015, the MSRB released the manual and opened a beta 
test environment to assist underwriters with their submissions. Since 
that time, underwriters and industry trade groups have discussed with 
MSRB staff the challenges that underwriters are facing with programming 
the data for submission to the Board on Form G-45. Their concerns 
center on the ability to program automated B2B submissions, 
particularly information about investment options in 529 plans.
    529 plans typically offer numerous investment options with multiple 
underlying mutual funds. To gather adequate information about 529 
plans, Form G-45 requires detailed data about the various investment 
options available in 529 plans. The MSRB understands that the 
programming of such information for a Form G-45 submission is 
particularly challenging for underwriters because the required data 
must be collected from multiple computer systems. While the programmers 
for underwriters may be challenged by meeting the unextended deadline 
for the first filings on Form G-45, after the first B2B filing, the 
process would be automated and is expected to become more routine.
    To help ensure that the MSRB receives reliable, complete and 
accurate filings on Form G-45 and to mitigate the burdens imposed on 
underwriters that are making their first submission under Rule G-45, 
the MSRB submits this proposed rule change to extend the date that the 
first submissions on Form G-45 are due by 60 days, until October 28, 
2015. The proposed rule change would double the time allowed for 
underwriters to make their first submissions. The MSRB believes that 
the extension will provide underwriters with sufficient time to submit 
complete and accurate filings.\5\ Subsequent Form G-45 filings would 
remain due 60 days from the end of each semi-annual reporting period.
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    \5\ Representatives of industry trade associations have 
suggested that the MSRB implement a one-year pilot period for 
submissions. According to those associations, this would allow 
underwriters sufficient time to work through any difficulties in the 
programming and data collection while not being subject to potential 
enforcement actions. The MSRB, however, believes that filings on 
Form G-45 must remain fully subject to MSRB rules and all other 
applicable federal securities laws, rules and regulations, and that 
a full year would be an excessive delay in the MSRB's gathering of 
reliable information about 529 plans.
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2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with 
section 15B(b)(2)(C) of the Act,\6\ which provides that the MSRB's 
rules shall:
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    \6\ 15 U.S.C. 78o-4(b)(2)(C).

Be designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to 
foster cooperation and coordination with persons engaged in 
regulating, clearing, settling, processing information with respect 
to, and facilitating transactions in municipal securities and 
municipal financial products, to remove impediments to and perfect 
the mechanism of a free and open market in municipal securities and 
municipal financial products, and, in general, to protect investors, 
---------------------------------------------------------------------------
municipal entities, obligated persons, and the public interest.

    In response to industry concerns about the ability to submit 
reliable, accurate and complete data on a timely basis, the proposed 
rule change would extend the date that the first submissions are due 
under a previously approved rule.

B. Self-Regulatory Organization's Statement on Burden on Competition

    Section 15B(b)(2)(C) of the Act \7\ requires that MSRB rules be 
designed not to impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act. The MSRB does 
not believe that the proposed rule change would impose any burden on 
competition not necessary or appropriate in furtherance of the Act. The 
proposed rule change would extend the date that the first submissions 
on Form G-45 are due by 60 days from August 29, 2015 until October 28, 
2015.
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    \7\ Id.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received on the 
proposed rule change.

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

    Pursuant to section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(6) 
\9\ thereunder, the MSRB has designated the proposed rule change as one 
that effects a change that: (i) Does not significantly affect the 
protection of investors or the public interest; (ii) does not impose 
any significant burden on competition; and (iii) by its terms, does not 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).

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[[Page 43150]]

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative until 30 days after the date of filing.\10\ 
However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest.\12\ The MSRB has requested that the 
Commission designate the proposed rule change operative upon 
filing,\13\ as specified in Rule 19b-4(f)(6)(iii),\14\ which would make 
the proposed rule change operative on June 30, 2015. The MSRB has 
stated that an earlier operative date would provide underwriters with 
certainty regarding the due date of their first submission on Form G-
45.\15\
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    \10\ Id.
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its 
intent to file a proposed rule change, along with a brief 
description and text of such proposed rule change, at least five 
business days prior to the date of filing, or such shorter time as 
designated by the Commission. The MSRB satisfied this requirement on 
June 23, 2015.
    \13\ See SR-MSRB-2015-05.
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See supra note 13.
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    The Commission hereby grants the MSRB's request and believes that 
designating the proposed rule change operative upon filing is 
consistent with the protection of investors and the public 
interest.\16\ According to the MSRB, Rule G-45 is designed to enable 
the MSRB to collect reliable information about 529 plans solely for 
regulatory purposes and to analyze that information to better 
understand the market and the manner in which assets are invested.\17\ 
The Commission believes that designating the proposed rule change 
operative upon filing is consistent with the protection of investors 
and the public interest because it will provide underwriters with 
certainty regarding the due date of their initial Form G-45 submission, 
as well as help ensure that the MSRB receives reliable, complete and 
accurate filings on Form G-45. In addition, the proposed rule change is 
not making any substantive changes to MSRB rules; it is only extending 
the deadline under Rule G-45 for initial submissions of Form G-45 by 60 
days, until October 28, 2015. Therefore, the Commission hereby 
designates the proposed rule change operative upon filing.
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    \16\ For the purposes only of accelerating the operative date of 
this proposal, the Commission has considered the proposed rule 
change's impact on efficiency, competition, and capital formation. 
See 15 U.S.C. 78c(f).
    \17\ See supra Section II.A.I.
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    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 rule-comments@sec.gov. Please include 
File Number SR-MSRB-2015-05 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-MSRB-2015-05. 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 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 Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the MSRB. 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-MSRB-2015-05 and should be 
submitted on or before August 11, 2015.

    For the Commission, pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17779 Filed 7-20-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    43148                           Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices

                                                    17Ad–22(d)(8).13 Finally, ICC will apply                 Electronic Comments                                       SECURITIES AND EXCHANGE
                                                    its existing default management policies                                                                           COMMISSION
                                                    and procedures for the additional SWES                     • Use the Commission’s Internet
                                                                                                             comment form (http://www.sec.gov/                         [Release No. 34–75454; File No. SR–MSRB–
                                                    Contracts. ICC believes that these                                                                                 2015–05]
                                                    procedures allow for it to take timely                   rules/sro.shtml); or
                                                    action to contain losses and liquidity                     • Send an email to rule-comments@                       Self-Regulatory Organizations;
                                                    pressures and to continue meeting its                    sec.gov. Please include File Number SR–                   Municipal Securities Rulemaking
                                                    obligations in the event of clearing                     ICC–2015–013 on the subject line.                         Board; Notice of Filing and Immediate
                                                    member insolvencies or defaults in                                                                                 Effectiveness of a Proposed Rule
                                                    respect of the additional single names,                  Paper Comments
                                                                                                                                                                       Change Consisting of an Amendment
                                                    in accordance with Rule 17Ad–
                                                                                                                • Send paper comments in triplicate                    to MSRB Rule G–45, on Reporting of
                                                    22(d)(11).14                                                                                                       Information on Municipal Fund
                                                                                                             to Secretary, Securities and Exchange
                                                    B. Self-Regulatory Organization’s                        Commission, 100 F Street NE.,                             Securities
                                                    Statement on Burden on Competition                       Washington, DC 20549–1090.                                July 15, 2015.
                                                      The additional SWES Contracts will                        All submissions should refer to File                      Pursuant to section 19(b)(1) of the
                                                    be available to all ICC participants for                 Number SR–ICC–2015–013. This file                         Securities Exchange Act of 1934 (the
                                                    clearing. The clearing of these                          number should be included on the                          ‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                    additional SWES Contracts by ICC does                    subject line if email is used. To help the                notice is hereby given that on June 30,
                                                    not preclude the offering of the                         Commission process and review your                        2015, the Municipal Securities
                                                    additional SWES Contracts for clearing                   comments more efficiently, please use                     Rulemaking Board (the ‘‘MSRB’’ or
                                                    by other market participants.                            only one method. The Commission will                      ‘‘Board’’) filed with the Securities and
                                                    Accordingly, ICC does not believe that                   post all comments on the Commission’s                     Exchange Commission (the ‘‘SEC’’ or
                                                    clearance of the additional SWES                         Internet Web site (http://www.sec.gov/                    ‘‘Commission’’) the proposed rule
                                                    Contracts will impose any burden on                      rules/sro.shtml). Copies of the                           change as described in Items I and II
                                                    competition not necessary or                             submission, all subsequent                                below, which Items have been prepared
                                                    appropriate in furtherance of the                        amendments, all written statements                        by the MSRB. The Commission is
                                                    purposes of the Act.                                     with respect to the proposed rule                         publishing this notice to solicit
                                                                                                             change that are filed with the                            comments on the proposed rule change
                                                    C. Self-Regulatory Organization’s                                                                                  from interested persons.
                                                    Statement on Comments on the                             Commission, and all written
                                                    Proposed Rule Change Received From                       communications relating to the                            I. Self-Regulatory Organization’s
                                                    Members, Participants or Others                          proposed rule change between the                          Statement of the Terms of Substance of
                                                                                                             Commission and any person, other than                     the Proposed Rule Change
                                                      Written comments relating to the                       those that may be withheld from the
                                                    proposed rule change have not been                                                                                    The MSRB filed with the Commission
                                                                                                             public in accordance with the                             a proposed rule change consisting of an
                                                    solicited or received. ICC will notify the               provisions of 5 U.S.C. 552, will be
                                                    Commission of any written comments                                                                                 amendment to MSRB Rule G–45, on
                                                                                                             available for Web site viewing and                        reporting of information on municipal
                                                    received by ICC.                                         printing in the Commission’s Public                       fund securities (‘‘proposed rule
                                                    III. Date of Effectiveness of the                        Reference Section, 100 F Street NE.,                      change’’). The proposed rule change
                                                    Proposed Rule Change and Timing for                      Washington, DC 20549, on official                         would delay by 60 days, until October
                                                    Commission Action                                        business days between the hours of                        28, 2015, the date on which the first
                                                                                                             10:00 a.m. and 3:00 p.m. Copies of such                   submissions must be made pursuant to
                                                      Within 45 days of the date of
                                                                                                             filings will also be available for                        Rule G–45. The first submissions on
                                                    publication of this notice in the Federal
                                                                                                             inspection and copying at the principal                   Form G–45 currently are due August 29,
                                                    Register or within such longer period
                                                    up to 90 days (i) as the Commission may                  office of ICE Clear Credit and on ICE                     2015. The MSRB proposes an immediate
                                                    designate if it finds such longer period                 Clear Credit’s Web site at https://                       effectiveness for the proposed rule
                                                    to be appropriate and publishes its                      www.theice.com/clear-credit/regulation.                   change. The proposed rule change
                                                    reasons for so finding or (ii) as to which                  All comments received will be posted                   would extend by 60 days the due date
                                                    the self-regulatory organization                         without change; the Commission does                       under a previously approved rule for the
                                                    consents, the Commission will:                           not edit personal identifying                             first submissions on Form G–45.
                                                                                                             information from submissions. You                            The text of the proposed rule change
                                                      (A) by order approve or disapprove                                                                               is available on the MSRB’s Web site at
                                                    the proposed rule change or                              should submit only information that
                                                                                                                                                                       www.msrb.org/Rules-and-
                                                      (B) institute proceedings to determine                 you wish to make available publicly. All
                                                                                                                                                                       Interpretations/SEC-Filings/2015-
                                                    whether the proposed rule change                         submissions should refer to File
                                                                                                                                                                       Filings.aspx, at the MSRB’s principal
                                                    should be disapproved.                                   Number SR–ICC–2015–013 and should
                                                                                                                                                                       office, and at the Commission’s Public
                                                                                                             be submitted on or before August 11,
                                                    IV. Solicitation of Comments                                                                                       Reference Room.
                                                                                                             2015.
                                                      Interested persons are invited to                                                                                II. Self-Regulatory Organization’s
                                                                                                               For the Commission, by the Division of
                                                    submit written data, views, and                                                                                    Statement of the Purpose of, and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             Trading and Markets, pursuant to delegated
                                                    arguments concerning the foregoing,                      authority.15
                                                                                                                                                                       Statutory Basis for, the Proposed Rule
                                                    including whether the proposed rule                                                                                Change
                                                                                                             Robert W. Errett,
                                                    change is consistent with the Act.                                                                                    In its filing with the Commission, the
                                                    Comments may be submitted by any of                      Deputy Secretary.
                                                                                                                                                                       MSRB included statements concerning
                                                    the following methods:                                   [FR Doc. 2015–17755 Filed 7–20–15; 8:45 am]
                                                                                                                                                                       the purpose of and basis for the
                                                                                                             BILLING CODE 8011–01–P
                                                      13 17 CFR 240.17Ad–22(d)(8).                                                                                       1 15   U.S.C. 78s(b)(1).
                                                      14 17 CFR 240.17Ad–22(d)(11).                               15 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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                                                                                    Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices                                               43149

                                                    proposed rule change and discussed any                   recommendations, and developed the                    15B(b)(2)(C) of the Act,6 which provides
                                                    comments it received on the proposed                     two interfaces.                                       that the MSRB’s rules shall:
                                                    rule change. The text of these statements                   In February 2015, the MSRB released                Be designed to prevent fraudulent and
                                                    may be examined at the places specified                  the manual and opened a beta test                     manipulative acts and practices, to promote
                                                    in Item IV below. The MSRB has                           environment to assist underwriters with               just and equitable principles of trade, to
                                                    prepared summaries, set forth in                         their submissions. Since that time,                   foster cooperation and coordination with
                                                    sections A, B, and C below, of the most                  underwriters and industry trade groups                persons engaged in regulating, clearing,
                                                    significant aspects of such statements.                  have discussed with MSRB staff the                    settling, processing information with respect
                                                                                                             challenges that underwriters are facing               to, and facilitating transactions in municipal
                                                    A. Self-Regulatory Organization’s                                                                              securities and municipal financial products,
                                                                                                             with programming the data for
                                                    Statement of the Purpose of, and                                                                               to remove impediments to and perfect the
                                                                                                             submission to the Board on Form G–45.
                                                    Statutory Basis for, the Proposed Rule                                                                         mechanism of a free and open market in
                                                                                                             Their concerns center on the ability to               municipal securities and municipal financial
                                                    Change
                                                                                                             program automated B2B submissions,                    products, and, in general, to protect
                                                    1. Purpose                                               particularly information about                        investors, municipal entities, obligated
                                                       The MSRB proposes to extend by 60                     investment options in 529 plans.                      persons, and the public interest.
                                                    days until October 28, 2015 the date the                    529 plans typically offer numerous
                                                                                                             investment options with multiple                        In response to industry concerns
                                                    first submissions are due under Rule G–                                                                        about the ability to submit reliable,
                                                    45 on Form G–45. On February 21,                         underlying mutual funds. To gather
                                                                                                             adequate information about 529 plans,                 accurate and complete data on a timely
                                                    2014, the Commission approved the                                                                              basis, the proposed rule change would
                                                    adoption of Rule G–45, on reporting of                   Form G–45 requires detailed data about
                                                                                                             the various investment options available              extend the date that the first
                                                    municipal fund securities, and                                                                                 submissions are due under a previously
                                                    electronic Form G–45, as well as                         in 529 plans. The MSRB understands
                                                                                                             that the programming of such                          approved rule.
                                                    associated amendments to Rules G–8,
                                                    on books and records, and G–9, on                        information for a Form G–45 submission                B. Self-Regulatory Organization’s
                                                    preservation of records.3 The effective                  is particularly challenging for                       Statement on Burden on Competition
                                                    date for that rule change was February                   underwriters because the required data
                                                                                                             must be collected from multiple                         Section 15B(b)(2)(C) of the Act 7
                                                    24, 2015. The first submissions under                                                                          requires that MSRB rules be designed
                                                    Rule G–45 are due August 29, 2015,                       computer systems. While the
                                                                                                             programmers for underwriters may be                   not to impose any burden on
                                                    which is 60 days from the end of the                                                                           competition not necessary or
                                                    first reporting period of January 1–June                 challenged by meeting the unextended
                                                                                                             deadline for the first filings on Form G–             appropriate in furtherance of the
                                                    30, 2015. The purpose of Rule G–45 is                                                                          purposes of the Act. The MSRB does not
                                                    to enable the MSRB to collect reliable                   45, after the first B2B filing, the process
                                                                                                             would be automated and is expected to                 believe that the proposed rule change
                                                    information about 529 college savings
                                                                                                             become more routine.                                  would impose any burden on
                                                    plans (‘‘529 plans’’) solely for regulatory
                                                                                                                To help ensure that the MSRB                       competition not necessary or
                                                    purposes and to analyze that
                                                                                                             receives reliable, complete and accurate              appropriate in furtherance of the Act.
                                                    information to better understand the
                                                                                                             filings on Form G–45 and to mitigate the              The proposed rule change would extend
                                                    market and the manner in which assets
                                                                                                             burdens imposed on underwriters that                  the date that the first submissions on
                                                    are invested.
                                                       After the SEC’s approval of Rule G–                   are making their first submission under               Form G–45 are due by 60 days from
                                                    45 and Form G–45, MSRB staff formed                      Rule G–45, the MSRB submits this                      August 29, 2015 until October 28, 2015.
                                                    an industry User Group to develop the                    proposed rule change to extend the date               C. Self-Regulatory Organization’s
                                                    Form G–45 User’s Manual (the                             that the first submissions on Form G–45               Statement on Comments on the
                                                    ‘‘manual’’), which the rule specifies                    are due by 60 days, until October 28,                 Proposed Rule Change Received From
                                                    would include technical specifications                   2015. The proposed rule change would                  Members, Participants, or Others
                                                    for the Form, such as data entry. User                   double the time allowed for
                                                    Group members include representatives                    underwriters to make their first                        Written comments were neither
                                                    from twelve different industry                           submissions. The MSRB believes that                   solicited nor received on the proposed
                                                    organizations ranging from                               the extension will provide underwriters               rule change.
                                                    organizations that are involved in the                   with sufficient time to submit complete               III. Date of Effectiveness of the
                                                    distribution of multiple 529 plans to                    and accurate filings.5 Subsequent Form                Proposed Rule Change and Timing for
                                                    those that participate in the distribution               G–45 filings would remain due 60 days                 Commission Action
                                                    of interests in only one plan. The range                 from the end of each semi-annual
                                                    of expertise of User Group members                       reporting period.                                        Pursuant to section 19(b)(3)(A) 8 of the
                                                    includes data services provision and                                                                           Act and Rule 19b–4(f)(6) 9 thereunder,
                                                    program management.                                      2. Statutory Basis                                    the MSRB has designated the proposed
                                                       The User Group recommended that                          The MSRB believes that the proposed                rule change as one that effects a change
                                                    underwriters be afforded two methods                     rule change is consistent with section                that: (i) Does not significantly affect the
                                                    of submitting data to the MSRB on Form                                                                         protection of investors or the public
                                                    G–45—manual submissions through the                        5 Representatives of industry trade associations    interest; (ii) does not impose any
                                                    MSRB’s Electronic Municipal Market                       have suggested that the MSRB implement a one-         significant burden on competition; and
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                                                                                                             year pilot period for submissions. According to       (iii) by its terms, does not become
                                                    Access Web site (‘‘EMMA®’’) 4 dataport                   those associations, this would allow underwriters
                                                    web user interface and automated                         sufficient time to work through any difficulties in
                                                                                                                                                                   operative for 30 days after the date of
                                                    submissions through a computer-to-                       the programming and data collection while not         the filing, or such shorter time as the
                                                    computer (‘‘B2B’’) interface. MSRB staff                 being subject to potential enforcement actions. The   Commission may designate.
                                                                                                             MSRB, however, believes that filings on Form G–
                                                    was responsive to those                                  45 must remain fully subject to MSRB rules and all      6 15    U.S.C. 78o–4(b)(2)(C).
                                                                                                             other applicable federal securities laws, rules and
                                                      3 Exchange                                                                                                     7 Id.
                                                                 Act Release No. 71598 (Feb. 21, 2014),      regulations, and that a full year would be an
                                                    79 FR 11161 (Feb. 27, 2014) (SR–MSRB–2013–04).           excessive delay in the MSRB’s gathering of reliable     8 15    U.S.C. 78s(b)(3)(A).
                                                      4 EMMA is a registered trademark of the MSRB.          information about 529 plans.                            9 17    CFR 240.19b–4(f)(6).



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                                                    43150                             Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices

                                                       A proposed rule change filed under                      Commission summarily may                             2015–05 and should be submitted on or
                                                    Rule 19b–4(f)(6) normally does not                         temporarily suspend such rule change if              before August 11, 2015.
                                                    become operative until 30 days after the                   it appears to the Commission that such                 For the Commission, pursuant to delegated
                                                    date of filing.10 However, Rule 19b–                       action is necessary or appropriate in the            authority.18
                                                    4(f)(6)(iii) 11 permits the Commission to                  public interest, for the protection of
                                                    designate a shorter time if such action                                                                         Robert W. Errett,
                                                                                                               investors, or otherwise in furtherance of
                                                    is consistent with the protection of                       the purposes of the Act.                             Deputy Secretary.
                                                    investors and the public interest.12 The                                                                        [FR Doc. 2015–17779 Filed 7–20–15; 8:45 am]
                                                    MSRB has requested that the                                IV. Solicitation of Comments
                                                                                                                                                                    BILLING CODE 8011–01–P
                                                    Commission designate the proposed                            Interested persons are invited to
                                                    rule change operative upon filing,13 as                    submit written data, views, and
                                                    specified in Rule 19b–4(f)(6)(iii),14                      arguments concerning the foregoing,                  SECURITIES AND EXCHANGE
                                                    which would make the proposed rule                         including whether the proposed rule                  COMMISSION
                                                    change operative on June 30, 2015. The                     change is consistent with the Act.
                                                    MSRB has stated that an earlier                            Comments may be submitted by any of                  [Release No. 34–75459; File No. SR–EDGA–
                                                    operative date would provide                               the following methods:                               2015–10]
                                                    underwriters with certainty regarding
                                                    the due date of their first submission on                  Electronic Comments                                  Self-Regulatory Organizations; EDGA
                                                    Form G–45.15
                                                       The Commission hereby grants the                          • Use the Commission’s Internet                    Exchange, Inc.; Notice of Withdrawal
                                                                                                               comment form (http://www.sec.gov/                    of Proposed Rule Change, as Modified
                                                    MSRB’s request and believes that
                                                                                                               rules/sro.shtml); or                                 by Amendment No. 1, To Amend Rules
                                                    designating the proposed rule change
                                                                                                                 • Send an email to rule-comments@                  11.6, 11.8, 11.9, 11.10 and 11.11 of
                                                    operative upon filing is consistent with
                                                    the protection of investors and the                        sec.gov. Please include File Number SR–              EDGA Exchange, Inc.
                                                    public interest.16 According to the                        MSRB–2015–05 on the subject line.                    July 15, 2015.
                                                    MSRB, Rule G–45 is designed to enable                      Paper Comments
                                                    the MSRB to collect reliable information                                                                           On February 20, 2015, EDGA
                                                    about 529 plans solely for regulatory                         • Send paper comments in triplicate               Exchange, Inc. (‘‘Exchange’’ or ‘‘EDGA’’)
                                                    purposes and to analyze that                               to Secretary, Securities and Exchange                filed with the Securities and Exchange
                                                    information to better understand the                       Commission, 100 F Street NE.,                        Commission (‘‘Commission’’), pursuant
                                                    market and the manner in which assets                      Washington, DC 20549.                                to Section 19(b)(1) of the Securities
                                                    are invested.17 The Commission                             All submissions should refer to File                 Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                    believes that designating the proposed                     Number SR–MSRB–2015–05. This file                    19b–4 thereunder,2 a proposed rule
                                                    rule change operative upon filing is                       number should be included on the                     change to amend Rules 11.6, 11.8, 11.9,
                                                    consistent with the protection of                          subject line if email is used. To help the           11.10 and 11.11 to clarify and to include
                                                    investors and the public interest                          Commission process and review your                   additional specificity regarding the
                                                    because it will provide underwriters                       comments more efficiently, please use                current functionality of the Exchange’s
                                                    with certainty regarding the due date of                   only one method. The Commission will                 system, including the operation of its
                                                    their initial Form G–45 submission, as                     post all comments on the Commission’s                order types and order instructions. On
                                                    well as help ensure that the MSRB                                                                               February 27, 2015, the Exchange filed
                                                                                                               Internet Web site (http://www.sec.gov/
                                                    receives reliable, complete and accurate                                                                        Amendment No. 1 to the proposal.3 The
                                                                                                               rules/sro.shtml). Copies of the
                                                    filings on Form G–45. In addition, the
                                                                                                               submission, all subsequent                           proposed rule change, as modified by
                                                    proposed rule change is not making any
                                                                                                               amendments, all written statements                   Amendment No. 1, was published for
                                                    substantive changes to MSRB rules; it is
                                                                                                               with respect to the proposed rule                    comment in the Federal Register on
                                                    only extending the deadline under Rule
                                                                                                               change that are filed with the                       March 10, 2015.4 On April 17, 2015, the
                                                    G–45 for initial submissions of Form G–
                                                                                                               Commission, and all written                          Commission extended the time period
                                                    45 by 60 days, until October 28, 2015.
                                                                                                               communications relating to the                       in which to either approve or
                                                    Therefore, the Commission hereby
                                                                                                               proposed rule change between the                     disapprove the proposed rule change, as
                                                    designates the proposed rule change
                                                    operative upon filing.                                     Commission and any person, other than                modified by Amendment No. 1, to June
                                                       At any time within 60 days of the                       those that may be withheld from the                  8, 2015.5 The Commission received no
                                                    filing of the proposed rule change, the                    public in accordance with the                        comment letters on the proposed rule
                                                                                                               provisions of 5 U.S.C. 552, will be                  change, as modified by Amendment No.
                                                      10 Id.                                                   available for Web site viewing and                   1. On June 5, 2015, EDGA withdrew the
                                                      11 17  CFR 240.19b–4(f)(6)(iii).                         printing in the Commission’s Public
                                                                                                                                                                    proposed rule change, as modified by
                                                      12 In addition, Rule 19b–4(f)(6)(iii) requires a self-   Reference Room, 100 F Street NE.,
                                                    regulatory organization to give the Commission                                                                  Amendment No. 1 (SR–EDGA–2015–
                                                                                                               Washington, DC 20549 on official
                                                    written notice of its intent to file a proposed rule
                                                                                                               business days between the hours of                   10).
                                                    change, along with a brief description and text of
                                                    such proposed rule change, at least five business          10:00 a.m. and 3:00 p.m. Copies of the
                                                    days prior to the date of filing, or such shorter time     filing also will be available for
                                                    as designated by the Commission. The MSRB                  inspection and copying at the principal
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                                                    satisfied this requirement on June 23, 2015.                                                                      18 17 CFR 200.30–3(a)(12).
                                                       13 See SR–MSRB–2015–05.
                                                                                                               office of the MSRB. All comments
                                                                                                                                                                      1 15 U.S.C. 78s(b)(1).
                                                       14 17 CFR 240.19b–4(f)(6)(iii).                         received will be posted without change;                2 17 CFR 240.19b–4.
                                                       15 See supra note 13.                                   the Commission does not edit personal                  3 Amendment No. 1 replaced SR–EDGA–2015–10
                                                       16 For the purposes only of accelerating the            identifying information from
                                                                                                                                                                    and superseded such filing in its entirety.
                                                    operative date of this proposal, the Commission has        submissions. You should submit only                    4 See Securities Exchange Act Release No. 74435
                                                    considered the proposed rule change’s impact on            information that you wish to make
                                                    efficiency, competition, and capital formation. See                                                             (March 4, 2015), 80 FR 12655.
                                                    15 U.S.C. 78c(f).                                          available publicly. All submissions                    5 See Securities Exchange Act Release No. 74763
                                                       17 See supra Section II.A.I.                            should refer to File Number SR–MSRB–                 (April 17, 2015), 80 FR 22751 (April 23, 2015).



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Document Created: 2018-02-23 09:23:09
Document Modified: 2018-02-23 09:23:09
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 43148 

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