80_FR_55850 80 FR 55671 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Require an Indicator When a TRACE Report Does Not Reflect a Commission or Mark-Up/Mark-Down

80 FR 55671 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Require an Indicator When a TRACE Report Does Not Reflect a Commission or Mark-Up/Mark-Down

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 179 (September 16, 2015)

Page Range55671-55672
FR Document2015-23211

Federal Register, Volume 80 Issue 179 (Wednesday, September 16, 2015)
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55671-55672]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23211]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75875; File No. SR-FINRA-2015-026]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Designation of a Longer Period for 
Commission Action on a Proposed Rule Change To Require an Indicator 
When a TRACE Report Does Not Reflect a Commission or Mark-Up/Mark-Down

September 10, 2015.
    On July 20, 2015, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend FINRA Rule 6730 (Transaction Reporting) 
to require an indicator when the TRACE report does not reflect a 
commission or mark-up/mark-down. The proposed rule change was published 
for comment in the Federal Register on August 7, 2015.\3\ The 
Commission has received two comment letters regarding the proposed rule 
change.\4\
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75588 (August 3, 
2015), 80 FR 47546.
    \4\ See letter from Sean Davy, Managing Director, Securities 
Industry and Financial Markets Association, to Elizabeth M. Murphy, 
Secretary, Commission, dated August 27, 2015 and letter from Michael 
Nicholas, Chief Executive Officer, Bond Dealers of America, to 
Secretary, Commission, dated August 28, 2015.
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    Section 19(b)(2) of the Act \5\ provides that, within 45 days of 
the publication of the notice of the filing of a proposed rule change, 
or within such longer period up to 90 days as the Commission may 
designate if it finds such longer period to be appropriate and 
publishes its reasons for so finding, or as to which the self-
regulatory organization consents, the Commission shall either approve 
the proposed rule change, disapprove the proposed rule change, or 
institute proceedings to determine whether the proposed rule change 
should be disapproved. The Commission is extending this 45-day time 
period.
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    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer 
period within which to take action on the proposed rule change so that 
it has sufficient time to consider the proposed rule change and issues 
raised in the comment letters. Accordingly, the Commission, pursuant to 
Section

[[Page 55672]]

19(b)(2) of the Act,\6\ designates November 5, 2015 as the date by 
which the Commission should either approve or disapprove or institute 
proceedings to determine whether to disapprove the proposed rule change 
(File Number FINRA-2015-026).
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    \6\ Id.

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

    \7\ 17 CFR 200.30-3(a)(31).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-23211 Filed 9-15-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices                                                 55671

                                                    investors and the public interest, the                  and Exchange Commission, 100 F Street                  SECURITIES AND EXCHANGE
                                                    proposed rule change has become                         NE., Washington, DC 20549–1090.                        COMMISSION
                                                    effective pursuant to Section 19(b)(3)(A)
                                                    of the Act 18 and Rule 19b–4(f)(6)                      All submissions should refer to File                   [Release No. 34–75875; File No. SR–FINRA–
                                                    thereunder.19                                           Number SR–ISE–2015–25. This file                       2015–026]
                                                       The Exchange has asked the                           number should be included on the
                                                                                                            subject line if email is used. To help the             Self-Regulatory Organizations;
                                                    Commission to waive the 30-day                                                                                 Financial Industry Regulatory
                                                    operative delay so that the proposal may                Commission process and review your
                                                                                                            comments more efficiently, please use                  Authority, Inc.; Notice of Designation
                                                    become operative immediately upon                                                                              of a Longer Period for Commission
                                                    filing. The Exchange stated that waiver                 only one method. The Commission will
                                                                                                            post all comments on the Commission’s                  Action on a Proposed Rule Change To
                                                    of the operative delay will permit the                                                                         Require an Indicator When a TRACE
                                                    Exchange to continue to provide access                  Internet Web site (http://www.sec.gov/
                                                                                                                                                                   Report Does Not Reflect a Commission
                                                    to subscribers interested in the Managed                rules/sro.shtml). Copies of the
                                                                                                                                                                   or Mark-Up/Mark-Down
                                                    Data Access Service program. The                        submission, all subsequent
                                                    Commission believes that waiving the                    amendments, all written statements                     September 10, 2015.
                                                    30-day operative delay is consistent                    with respect to the proposed rule                         On July 20, 2015, Financial Industry
                                                    with the protection of investors and the                change that are filed with the                         Regulatory Authority, Inc. (‘‘FINRA’’)
                                                    public interest. Therefore, the                         Commission, and all written                            filed with the Securities and Exchange
                                                    Commission hereby waives the                            communications relating to the                         Commission (‘‘Commission’’), pursuant
                                                    operative delay and designates the                      proposed rule change between the                       to Section 19(b)(1) of the Securities
                                                    proposed rule change operative upon                     Commission and any person, other than                  Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                    filing.20                                               those that may be withheld from the                    19b–4 thereunder,2 a proposed rule
                                                       At any time within 60 days of the                    public in accordance with the                          change to amend FINRA Rule 6730
                                                    filing of the proposed rule change, the                 provisions of 5 U.S.C. 552, will be                    (Transaction Reporting) to require an
                                                    Commission summarily may                                available for Web site viewing and                     indicator when the TRACE report does
                                                    temporarily suspend such rule change if                 printing in the Commission’s Public                    not reflect a commission or mark-up/
                                                    it appears to the Commission that such                                                                         mark-down. The proposed rule change
                                                                                                            Reference Room, 100 F Street NE.,
                                                    action is necessary or appropriate in the                                                                      was published for comment in the
                                                                                                            Washington, DC 20549 on official
                                                    public interest, for the protection of                                                                         Federal Register on August 7, 2015.3
                                                    investors, or otherwise in furtherance of               business days between the hours of
                                                                                                                                                                   The Commission has received two
                                                    the purposes of the Act. If the                         10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                                                                   comment letters regarding the proposed
                                                    Commission takes such action, the                       filing also will be available for
                                                                                                                                                                   rule change.4
                                                    Commission shall institute proceedings                  inspection and copying at the principal                   Section 19(b)(2) of the Act 5 provides
                                                    to determine whether the proposed rule                  office of the Exchange. All comments                   that, within 45 days of the publication
                                                    should be approved or disapproved.                      received will be posted without change;                of the notice of the filing of a proposed
                                                                                                            the Commission does not edit personal                  rule change, or within such longer
                                                    IV. Solicitation of Comments                            identifying information from                           period up to 90 days as the Commission
                                                      Interested persons are invited to                     submissions. You should submit only                    may designate if it finds such longer
                                                    submit written data, views, and                         information that you wish to make                      period to be appropriate and publishes
                                                    arguments concerning the foregoing,                     available publicly. All submissions                    its reasons for so finding, or as to which
                                                    including whether the proposed rule                     should refer to File Number SR–ISE–                    the self-regulatory organization
                                                    change is consistent with the Act.                      2015–25, and should be submitted on or                 consents, the Commission shall either
                                                    Comments may be submitted by any of                     before October 7, 2015.                                approve the proposed rule change,
                                                    the following methods:                                                                                         disapprove the proposed rule change, or
                                                                                                              For the Commission, by the Division of
                                                    Electronic Comments                                     Trading and Markets, pursuant to delegated             institute proceedings to determine
                                                                                                            authority.21                                           whether the proposed rule change
                                                      • Use the Commission’s Internet                                                                              should be disapproved. The
                                                    comment form (http://www.sec.gov/                                                                              Commission is extending this 45-day
                                                    rules/sro.shtml); or                                    Robert W. Errett,
                                                                                                                                                                   time period.
                                                      • Send an email to rule-comments@                     Deputy Secretary.                                         The Commission finds that it is
                                                    sec.gov. Please include File Number SR–                 [FR Doc. 2015–23210 Filed 9–15–15; 8:45 am]            appropriate to designate a longer period
                                                    ISE–2015–25 on the subject line.                        BILLING CODE 8011–01–P                                 within which to take action on the
                                                    Paper Comments                                                                                                 proposed rule change so that it has
                                                                                                                                                                   sufficient time to consider the proposed
                                                      • Send paper comments in triplicate                                                                          rule change and issues raised in the
                                                    to Brent J. Fields, Secretary, Securities                                                                      comment letters. Accordingly, the
                                                      18 15
                                                                                                                                                                   Commission, pursuant to Section
                                                             U.S.C. 78s(b)(3)(A).
                                                      19 17  CFR 240.19b–4(f)(6). As required under Rule                                                             1 15 U.S.C.78s(b)(1).
                                                    19b–4(f)(6)(iii), the Exchange provided the
                                                                                                                                                                     2 17 CFR 240.19b–4.
                                                    Commission with written notice of its intent to file
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                                                                                                                                                                     3 See Securities Exchange Act Release No. 75588
                                                    the proposed rule change, along with a brief
                                                    description and the text of the proposed rule                                                                  (August 3, 2015), 80 FR 47546.
                                                    change, at least five business days prior to the date                                                            4 See letter from Sean Davy, Managing Director,

                                                    of filing of the proposed rule change, or such                                                                 Securities Industry and Financial Markets
                                                    shorter time as designated by the Commission.                                                                  Association, to Elizabeth M. Murphy, Secretary,
                                                       20 For purposes only of waiving the 30-day                                                                  Commission, dated August 27, 2015 and letter from
                                                    operative delay, the Commission has also                                                                       Michael Nicholas, Chief Executive Officer, Bond
                                                    considered the proposed rule’s impact on                                                                       Dealers of America, to Secretary, Commission,
                                                    efficiency, competition, and capital formation. See                                                            dated August 28, 2015.
                                                    15 U.S.C. 78c(f).                                         21 17   CFR 200.30–3(a)(12).                           5 15 U.S.C. 78s(b)(2).




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                                                    55672                    Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

                                                    19(b)(2) of the Act,6 designates                        Initial Rule Filing. The Commission is                  Additionally, in Amendment No. 1,
                                                    November 5, 2015 as the date by which                   publishing this notice to solicit                     ICC added clarifying language regarding
                                                    the Commission should either approve                    comments on Amendments No. 1 and 2                    how the Risk Factor specific WWR loss
                                                    or disapprove or institute proceedings to               from interested persons and is                        thresholds are determined. The
                                                    determine whether to disapprove the                     approving the proposed rule change, as                proposed revisions clarify that the risk
                                                    proposed rule change (File Number                       modified by Amendments No. 1 and 2,                   enhancements described in the Initial
                                                    FINRA–2015–026).                                        on an accelerated basis.                              Rule Filing will apply to all products
                                                      For the Commission, by the Division of                                                                      cleared by ICC within the Sovereign and
                                                                                                            II. Description of the Proposed Rule                  Banking 5 sectors. ICC represented that,
                                                    Trading and Markets, pursuant to delegated              Change
                                                    authority.7                                                                                                   should it decide to expand its product
                                                    Robert W. Errett,                                       A. Description of the Initial Rule Filing             offering to include credit default swap
                                                    Deputy Secretary.                                                                                             contracts on its Clearing Participant
                                                                                                               In the Initial Rule Filing, ICC
                                                                                                                                                                  names, it will specifically file a separate
                                                    [FR Doc. 2015–23211 Filed 9–15–15; 8:45 am]             proposed changes to the ICC Risk
                                                                                                                                                                  proposed rule change with the
                                                    BILLING CODE 8011–01–P                                  Management Framework to incorporate
                                                                                                                                                                  Commission regarding the applicability
                                                                                                            risk model enhancements related to the
                                                                                                                                                                  of the GWWR framework to such
                                                                                                            General Wrong Way Risk (‘‘GWWR’’)
                                                    SECURITIES AND EXCHANGE                                                                                       contracts. ICC has also updated its stress
                                                                                                            methodology. More specifically, ICC
                                                    COMMISSION                                                                                                    testing methodology to include
                                                                                                            proposed changing the ICC Risk
                                                                                                                                                                  additional analysis related to Clearing
                                                    [Release No. 34–75887; File No. SR–ICC–                 Management Framework to extend the
                                                                                                                                                                  Participant WWR exposures.
                                                    2015–009]                                               GWWR framework to the portfolio level.
                                                                                                            Currently, there exists no Clearing                   C. Description of Amendment No. 2
                                                    Self-Regulatory Organizations; ICE                      Participant-level cumulative GWWR                        On September 8, 2015, ICC filed
                                                    Clear Credit LLC; Notice of Filing of                   requirement incorporated in the Jump-                 Amendment No. 2 to the proposed rule
                                                    Amendments No. 1 and 2 and Order                        to-Default calculations. The                          change. ICC stated that the purpose of
                                                    Granting Accelerated Approval of                        uncollateralized WWR exposure of a                    the amendment was to provide further
                                                    Proposed Rule Change, as Modified by                    Risk Factor needs to exceed its                       clarity regarding the risk enhancements
                                                    Amendments No. 1 and 2, To Revise                       corresponding WWR threshold in order                  described in the Initial Rule Filing. In
                                                    the ICC Risk Management Framework                       to trigger WWR collateralization.                     Amendment No. 2, ICC revised its Risk
                                                                                                            According to ICC, the proposed                        Management Framework to include
                                                    September 10, 2015.
                                                                                                            enhancement is introduced to account                  specific language regarding the jump-to-
                                                    I. Introduction                                         for the potential accumulation of                     default requirement related to the
                                                       On May 28, 2015, ICE Clear Credit                    portfolio WWR through Risk Factor                     exposure to single name (‘‘SN’’) risk
                                                    LLC (‘‘ICC’’) filed with the Securities                 specific WWR exposures. ICC asserts                   factors (‘‘RFs’’), which reflect outright
                                                    and Exchange Commission                                 that under the proposed approach, if the              and index-derived single name
                                                    (‘‘Commission’’), pursuant to Section                   cumulative uncollateralized exposure                  positions. Additionally, ICC added
                                                    19(b)(1) of the Securities Exchange Act                 exceeds a pre-determined portfolio                    language clarifying that the GWWR
                                                    of 1934 (‘‘Act’’) 1 and Rule 19b–4                      GWWR threshold, the amount above the                  analysis is applied to all cleared SN RFs
                                                    thereunder,2 a proposed rule change to                  threshold is collateralized.                          within the Sovereign and Banking
                                                    make revisions to the ICC Risk                          B. Description of Amendment No. 1                     sectors, is applicable to post index-
                                                    Management Framework (SR–ICC–                                                                                 decomposition positions and reflects the
                                                                                                              On September 1, 2015, ICC filed
                                                    2015–009). The proposed rule change                                                                           combined exposure resulting from
                                                                                                            Amendment No. 1 to the proposed rule
                                                    was published for comment in the                                                                              outright and index-derived SN
                                                                                                            change. ICC stated that the purpose of
                                                    Federal Register on June 12, 2015.3 The                                                                       positions. ICC also added language
                                                                                                            the amendment was to provide further
                                                    Commission did not receive comments                                                                           regarding the determination of
                                                                                                            clarity regarding the risk enhancements
                                                    on the proposed rule change. On July                                                                          correlation parameters needed for
                                                                                                            described in the Initial Rule Filing. ICC
                                                    27, 2015, the Commission extended the                                                                         GWWR computations, specifically the
                                                                                                            proposed to revise its Risk Management
                                                    time period in which to either approve,                                                                       quantification of loss-given-default
                                                                                                            Framework to include specific language
                                                    disapprove, or institute proceedings to                                                                       resulting from correlated defaults.
                                                                                                            regarding the pre-determined portfolio
                                                    determine whether to disapprove the                                                                           Finally, ICC updated its Stress Testing
                                                                                                            GWWR threshold. Specifically, ICC
                                                    proposed rule change to September 10,                                                                         Framework to include additional
                                                                                                            added clarifying language setting the
                                                    2015.4 On September 1, 2015, ICC filed                                                                        analysis related to GWWR exposures for
                                                                                                            minimum and maximum value of the
                                                    Amendment No. 1 to the proposed rule                                                                          Clearing Participants’ portfolios. As
                                                                                                            parameter. According to ICC, the value
                                                    change. On September 8, 2015, ICC filed                                                                       further described in the Stress Testing
                                                                                                            of the parameter must be greater than,
                                                    Amendment No. 2 to the proposed rule                                                                          Framework, a portfolio of highly
                                                                                                            or equal to, the value of the greatest Risk
                                                    change. As discussed below,                                                                                   correlated RFs is created and is further
                                                                                                            Factor specific WWR threshold level.
                                                    Amendments No. 1 and 2 are intended                                                                           subjected to additional stress testing
                                                                                                            ICC stated that the parameter is further
                                                    to provide further clarification to the                                                                       analyses to uncover pockets of increased
                                                                                                            constrained not to exceed the sum of the
                                                                                                                                                                  risk due to adverse market realizations
                                                                                                            minimum value and the value of the
                                                      6 Id.                                                                                                       for the highly correlated factors. ICC has
                                                                                                            average of all Risk Factor-specific WWR
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                      7 17  CFR 200.30–3(a)(31).                                                                                  also represented that it intends to
                                                      1 15  U.S.C. 78s(b)(1).                               thresholds (excluding the greatest Risk
                                                                                                                                                                  submit a separate filing regarding its
                                                       2 17 CFR 240.19b–4.                                  Factor specific WWR threshold). ICC
                                                                                                                                                                  Stress Testing Framework, which
                                                       3 Securities Exchange Act Release No. 34–75119       proposes to set the initial GWWR global
                                                                                                                                                                  contains the aforementioned enhanced
                                                    (Jun. 8, 2015), 80 FR 33573 (Jun. 12, 2015) (SR–ICC–    parameter equal to the minimum value,
                                                    2015–009) (hereinafter referred to as the ‘‘Initial                                                           stress testing analyses.
                                                                                                            the greatest Risk Factor specific WWR
                                                    Rule Filing’’).
                                                       4 Securities Exchange Act Release No. 34–75529       threshold, and will not increase the                    5 ICC stated that the Banking sector attribution

                                                    (Jul. 27, 2015), 80 FR 45688 (Jul. 31, 2015) (SR–ICC–   parameter value prior to March 31,                    follows the Bloomberg Industry Classification
                                                    2015–009).                                              2016.                                                 system (BICS).



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Document Created: 2018-02-26 10:16:42
Document Modified: 2018-02-26 10:16:42
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 55671 

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