80_FR_62320 80 FR 62121 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing of Proposed Rule Change To Permit Trades in Eligible Fixed Income Securities Scheduled To Settle on Day After Trade Date To Be Processed for Settlement at National Securities Clearing Corporation

80 FR 62121 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing of Proposed Rule Change To Permit Trades in Eligible Fixed Income Securities Scheduled To Settle on Day After Trade Date To Be Processed for Settlement at National Securities Clearing Corporation

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 199 (October 15, 2015)

Page Range62121-62123
FR Document2015-26151

Federal Register, Volume 80 Issue 199 (Thursday, October 15, 2015)
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62121-62123]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26151]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76112; File No. SR-NSCC-2015-005]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of Filing of Proposed Rule Change To Permit Trades 
in Eligible Fixed Income Securities Scheduled To Settle on Day After 
Trade Date To Be Processed for Settlement at National Securities 
Clearing Corporation

October 8, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on October 7, 2015, National Securities Clearing Corporation 
(``NSCC'') filed with the Securities and Exchange Commission 
(``Commission'')

[[Page 62122]]

the proposed rule change as described in Items I, II and III below, 
which Items have been prepared by NSCC. NSCC filed the proposed rule 
change pursuant to section 19(b)(2) \3\ of the Act. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change consists of amendments to NSCC's Rules & 
Procedures (``Rules'') in order to permit trades in fixed income 
securities (corporate and municipal bonds, and unit investment trusts, 
collectively ``CMU'') that are scheduled to settle on the day after 
trade date (``T+1'') to settle either through its Continuous Net 
Settlement (``CNS'') system, as described below, or through its Balance 
Order Accounting Operation on a trade-for-trade basis, as described 
below, when eligible for settlement through these services.\4\
---------------------------------------------------------------------------

    \4\ Terms not defined herein are defined in the Rules, available 
at http://dtcc.com/~/media/Files/Downloads/legal/rules/
nscc_rules.pdf.
---------------------------------------------------------------------------

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

    In its filing with the Commission, NSCC included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. NSCC has prepared summaries, set forth in sections A, B, 
and C below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

1. Purpose
    CMU transactions that are effected in the over-the-counter markets 
and submitted to NSCC directly by Members on a bilateral basis are 
processed through NSCC's Real Time Trade Matching (``RTTM'') platform. 
Within RTTM, the buy and sell sides of a transaction are validated and 
matched, resulting in a compared trade that is reported to Members. 
This process is called ``trade comparison.''
    Today, with the exception of CMU trades that are submitted to NSCC 
to settle on a timeframe that is shorter than T+2,\5\ CMU trades 
submitted to NSCC through RTTM are first compared within RTTM, and then 
are processed into NSCC's Universal Trade Capture (``UTC'') system, 
where they are checked for eligibility for settlement either through 
NSCC's CNS system \6\ or through its Balance Order Accounting Operation 
on a trade-for-trade basis.\7\ These CMU trades, those that are 
scheduled to settle on a T+2 or longer timeframe, are then processed 
for settlement through the settlement service for which they are 
eligible, i.e. either the CNS system or the Balance Order Accounting 
Operation on a trade-for-trade basis. If a CMU trade is not eligible 
for settlement through either CNS or the Balance Order Accounting 
Operation, or if it is marked as ``comparison-only'' when it is 
submitted to NSCC, it is only processed for trade comparison through 
RTTM and then it must settle away from NSCC.
---------------------------------------------------------------------------

    \5\ The settlement timeframe of a trade, i.e. when the trade 
will settle relative to the trade date, is determined by the 
counterparties to that trade, and is indicated on the trade record 
when the trade is submitted to NSCC.
    \6\ CNS and its operation are described in Rule 11 and Procedure 
VII. Rules, supra note 4. To be eligible for CNS settlement, a 
transaction must be in a security that is eligible for book-entry 
transfer on the books of The Depository Trust Company, and must be 
capable of being processed in the CNS system; for example, 
securities may be ineligible for CNS processing due to certain 
transfer restrictions (e.g., 144A securities) or due to the pendency 
of certain corporate actions.
    \7\ The Balance Order Accounting Operation is described in 
Procedure V. Rules, supra note 4. CMU trades that are processed 
through the Balance Order Accounting Operation are processed on a 
trade-for-trade basis, as described in Section B of Procedure V, 
such that Receive and Deliver Orders, as defined in the Rules, are 
created instructing the counterparties to the transaction to deliver 
or receive a quantity of securities to or from their counterparty to 
that transaction. These transactions are not netted and are not 
subject to NSCC's risk management measures, as NSCC's central 
counterparty guarantee does not attach to these trades.
---------------------------------------------------------------------------

    Today, all CMU trades submitted to NSCC through RTTM that are 
scheduled to settle on T+1 are automatically processed as comparison-
only in RTTM, and must settle away from NSCC. T+1 CMU trades are 
processed this way because, historically, NSCC's systems were not able 
to adequately risk manage CMU trades that settled on this shortened 
timeframe. NSCC is proposing to amend its Rules so that, following 
trade comparison through RTTM, T+1 CMU trades would be processed into 
UTC, where they would be checked for eligibility to settle through 
either CNS or the Balance Order Accounting Operation on a trade-for-
trade basis. If eligible, these CMU trades would settle through the 
settlement service for which they are eligible, i.e. either the CNS 
system or the Balance Order Accounting Operation on a trade-for-trade 
basis.
    Pursuant to Addendum K of the Rules, NSCC guarantees the completion 
of CNS settling trades that have reached the later of midnight of T+1 
or midnight of the day they are reported to Members, and guarantees the 
completion of shortened process trades, such as same-day and next-day 
settling trades, upon comparison or trade recording processing.\8\ 
Therefore, for those T+1 CMU trades that are eligible for settlement 
through CNS, NSCC would guarantee the completion of these trades upon 
comparison or trade recording processing. T+1 CMU trades that settle 
through CNS would be subject to all appropriate risk management 
measures and margining, pursuant to the existing risk management 
methodology and policies and procedures, including the Specified 
Activity charge component of its Clearing Fund charges, which applies 
to trades settling at NSCC on a shortened processing cycle.\9\ NSCC 
estimates that CMU trades that are designated to settle on T+1 and 
would be eligible to settle through CNS represent less than half of a 
percent of all CMU trades processed at NSCC, and less than 2% of the 
total value of all CMU trades processed at NSCC.\10\ In order to 
implement this proposed rule change, NSCC would amend Procedure II 
(Trade Comparison and Recording Service). In particular, these 
amendments would provide that CMU T+1 transactions would be handled in 
the same manner as CMU T+2 trades and trades submitted for regular way 
(or T+3) settlement. Procedure II would also be amended to remove 
reference to CMU T+1 transactions from the section that identifies 
those trades that are accepted by NSCC for comparison-only processing.
---------------------------------------------------------------------------

    \8\ NSCC guarantees the completion of trades that settle through 
CNS pursuant to Addendum K of the Rules. Rules, supra note 4.
    \9\ The components of NSCC's Clearing Fund are described in 
Procedure XV, and the Specified Activity charge is described in 
section I(A)(1)(g) for trades settling through CNS. Rules, supra 
note 4.
    \10\ Based on data from the first quarter of 2015, an 
approximate daily average of 45,000 CMU trades are processed at 
NSCC, with an approximate total daily value of an average of $8.3 
billion. Of the approximate daily average of 45,000 CMU trades 
processed at NSCC, an approximate daily average of 200 CMU trades 
are designated to settle on T+1 and are in securities that are 
eligible for settlement in CNS. Of the approximate daily value of an 
average of $8.3 billion in CMU trades processed at NSCC, CMU trades 
that are designated to settle on T+1 and are in securities that are 
eligible for settlement in CNS have an approximate total daily value 
of an average of $145 million. The average daily CMU transaction 
volume is less than 1% of NSCC's overall daily volume.
---------------------------------------------------------------------------

    Pending Commission approval of this proposed rule change, Members 
would be advised of the implementation date

[[Page 62123]]

through issuance of an NSCC Important Notice
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act requires, in part, that NSCC's 
Rules be designed to promote the prompt and accurate clearance and 
settlement of securities transactions and to protect investors and the 
public interest.\11\ By permitting additional, eligible transactions to 
settle through CNS or the Balance Order Accounting Operation, and 
receive the benefit of NSCC's settlement services, including, in the 
case of CNS, the central counterparty trade guarantee, the proposal 
would offer protection to investors and the public interest by 
mitigating its Members' settlement risk and counterparty risk with 
respect to those transactions. Therefore, NSCC believes the proposed 
rule change would promote the prompt and accurate clearance and 
settlement of securities transactions by reducing these risks, 
consistent with the requirements of the Act, in particular section 
17A(b)(3)(F), cited above.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

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

    NSCC does not believe that the proposed rule changes would have any 
impact on competition because the proposal would apply equally to all 
NSCC Members that submit CMU trades through NSCC's RTTM service.

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

    NSCC has not received any written comments relating to this 
proposal. NSCC will notify the Commission of any written comments 
received by NSCC.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NSCC-2015-005 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2015-005. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet 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 NSCC and on 
DTCC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NSCC-2015-005 and should be 
submitted on or before November 5, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26151 Filed 10-14-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices                                                  62121

                                                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a               proposed rule change in Exhibit 5                     Factors at ICC.9 The Commission
                                                  proposed rule change (SR–ICC–2015–                      should be read in conjunction with the                therefore finds that the proposed rule
                                                  013) to provide the basis for ICC to clear              proposed rule change in SR–ICC–2015–                  change is designed to promote the
                                                  additional Standard Western European                    009.5                                                 prompt and accurate clearance and
                                                  Sovereign credit default swap contracts                                                                       settlement of securities transactions
                                                  (‘‘SWES Contracts’’). The proposed rule                 III. Discussion and Commission                        and, to the extent applicable, derivative
                                                  change was published for comment in                     Findings                                              agreements, contracts, and transactions,
                                                  the Federal Register on July 21, 2015.3                   Section 19(b)(2)(C) of the Act 6 directs            and to assure the safeguarding of
                                                  The Commission did not receive                          the Commission to approve a proposed                  securities and funds which are in the
                                                  comments on the proposed rule change.                   rule change of a self-regulatory                      custody or control of the clearing agency
                                                  On September 3, 2015, the Commission                    organization if the Commission finds                  or for which it is responsible and, in
                                                  extended the time period in which to                    that the proposed rule change is                      general, to protect investors and the
                                                  either approve, disapprove, or institute                consistent with the requirements of the               public interest.
                                                  proceedings to determine whether to                     Act and the rules and regulations                     IV. Conclusion
                                                  disapprove the proposed rule change to                  thereunder applicable to such self-
                                                  October 19, 2015.4 For the reasons                      regulatory organization. Section                        On the basis of the foregoing, the
                                                  discussed below, the Commission is                      17A(b)(3)(F) of the Act 7 requires, among             Commission finds that the proposal is
                                                  approving the proposed rule change.                     other things, that the rules of a clearing            consistent with the requirements of the
                                                                                                          agency are designed to promote the                    Act and in particular with the
                                                  II. Description of the Proposed Rule                                                                          requirements of section 17A of the
                                                  Change                                                  prompt and accurate clearance and
                                                                                                          settlement of securities transactions                 Act 10 and the rules and regulations
                                                     The purpose of the proposed rule                     and, to the extent applicable, derivative             thereunder.
                                                  change is to adopt rules that will                      agreements, contracts, and transactions,                It is therefore ordered, pursuant to
                                                  provide the basis for ICC to clear                      to assure the safeguarding of securities              section 19(b)(2) of the Act,11 that the
                                                  additional SWES Contracts. ICC                          and funds which are in the custody or                 proposed rule change (File No. SR–ICC–
                                                  currently clears seven SWES Contracts:                  control of the clearing agency or for                 2015–013) be, and hereby is,
                                                  The Republic of Ireland, the Italian                    which it is responsible and, in general,              approved.12
                                                  Republic, the Portuguese Republic, the                  to protect investors and the public                     For the Commission, by the Division of
                                                  Kingdom of Spain, the Kingdom of                        interest.                                             Trading and Markets, pursuant to delegated
                                                  Belgium, the Republic of Austria, and                                                                         authority.13
                                                                                                            The Commission finds that the
                                                  the Kingdom of the Netherlands. ICC                                                                           Robert W. Errett,
                                                                                                          proposed rule change is consistent with
                                                  proposes to revise subchapter 26I                                                                             Deputy Secretary.
                                                                                                          the requirements of section 17A of the
                                                  (Standard Western European Sovereign
                                                                                                          Act 8 and the rules and regulations                   [FR Doc. 2015–26152 Filed 10–14–15; 8:45 am]
                                                  (‘‘SWES’’) Single Name) of its Rules to
                                                                                                          thereunder applicable to ICC. The                     BILLING CODE 8011–01–P
                                                  provide for the clearance of the
                                                                                                          proposed rule change would provide for
                                                  additional SWES Contracts by
                                                                                                          the clearing of additional SWES
                                                  modifying Rule 26I–102 to include the                                                                         SECURITIES AND EXCHANGE
                                                                                                          Contracts referencing Federal Republic
                                                  Federal Republic of Germany, the                                                                              COMMISSION
                                                                                                          of Germany, the French Republic, and
                                                  French Republic, and the United
                                                  Kingdom of Great Britain and Northern                   the United Kingdom of Great Britain                   [Release No. 34–76112; File No. SR–NSCC–
                                                  Ireland in the list of specific Eligible                and Northern Ireland, which are similar               2015–005]
                                                  SWES Reference Entities to be cleared                   to the other SWES Contracts currently
                                                                                                          cleared by ICC. ICC would clear the                   Self-Regulatory Organizations;
                                                  by ICC. ICC plans to offer these                                                                              National Securities Clearing
                                                  additional SWES Contracts on the 2003                   additional SWES Contracts using ICC’s
                                                                                                          existing clearing arrangements and                    Corporation; Notice of Filing of
                                                  and 2014 ISDA Credit Derivatives                                                                              Proposed Rule Change To Permit
                                                  Definitions. ICC stated in its filing that              related financial safeguards, protections
                                                                                                          and risk management procedures,                       Trades in Eligible Fixed Income
                                                  these additional SWES Contracts have                                                                          Securities Scheduled To Settle on Day
                                                  terms consistent with the other SWES                    including the portfolio-level GWWR
                                                                                                          methodology approved in SR–ICC–                       After Trade Date To Be Processed for
                                                  Contracts approved for clearing at ICC                                                                        Settlement at National Securities
                                                  and governed by subchapter 26I of the                   2015–009, which is designed to account
                                                                                                          for the potential accumulation of                     Clearing Corporation
                                                  ICC Rules, namely the Republic of
                                                  Ireland, the Italian Republic, the                      uncollateralized portfolio WWR                        October 8, 2015.
                                                  Portuguese Republic, the Kingdom of                     exposures arising from the clearance of
                                                                                                                                                                   Pursuant to section 19(b)(1) 1 of the
                                                  Spain, the Kingdom of Belgium, the                      sovereign and banking sector Risk
                                                                                                                                                                Securities Exchange Act of 1934 (‘‘Act’’)
                                                  Republic of Austria, and the Kingdom of                                                                       and Rule 19b–4 2 thereunder, notice is
                                                                                                            5 In SR–ICC–2015–009, ICC proposed to revise its
                                                  the Netherlands.                                                                                              hereby given that on October 7, 2015,
                                                                                                          Risk Management Framework to extend its General
                                                     In addition, ICC stated in its filing                Wrong Way Risk (‘‘GWWR’’) framework to the            National Securities Clearing Corporation
                                                  that the proposed change is dependent                   portfolio level. The new GWWR methodology is          (‘‘NSCC’’) filed with the Securities and
                                                  on the approval and implementation of                   designed to account for the potential accumulation    Exchange Commission (‘‘Commission’’)
                                                  the proposed rule change in SR–ICC–                     of portfolio Wrong Way Risk (‘‘WWR’’) through Risk
                                                                                                          Factor specific WWR exposures arising from the
                                                  2015–009 and therefore, the text of the                 clearance of credit default swaps referencing
                                                                                                                                                                  9 See  supra note 5.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                  10 15  U.S.C. 78q–1.
                                                                                                          sovereign and banking sector names. The
                                                    1 15                                                                                                           11 15 U.S.C. 78s(b)(2).
                                                          U.S.C. 78s(b)(1).                               Commission approved the proposed rule change
                                                    2 17  CFR 240.19b–4.                                  SR–ICC–2015–009 on September 10, 2015. See               12 In approving the proposed rule change, the

                                                     3 Securities Exchange Act Release No. 34–75456       Securities Exchange Act Release No. 34–75887          Commission considered the proposal’s impact on
                                                  (July 15, 2015), 80 FR 43146 (July 21, 2015) (SR–       (September 10, 2015), 80 FR 55672 (September 16,      efficiency, competition and capital formation. 15
                                                  ICC–2015–013).                                          2015) (SR–ICC–2015–009).                              U.S.C. 78c(f).
                                                     4 Securities Exchange Act Release No. 34–75836         6 15 U.S.C. 78s(b)(2)(C).                              13 17 CFR 200.30–3(a)(12).
                                                                                                            7 15 U.S.C. 78q–1(b)(3)(F).                            1 15 U.S.C. 78s(b)(1).
                                                  (September 3, 2015), 80 FR 54627 (September 10,
                                                  2015) (SR–ICC–2015–013).                                  8 15 U.S.C. 78q–1.                                     2 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   17:19 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\15OCN1.SGM    15OCN1


                                                  62122                        Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices

                                                  the proposed rule change as described                   through RTTM are first compared                             Pursuant to Addendum K of the
                                                  in Items I, II and III below, which Items               within RTTM, and then are processed                      Rules, NSCC guarantees the completion
                                                  have been prepared by NSCC. NSCC                        into NSCC’s Universal Trade Capture                      of CNS settling trades that have reached
                                                  filed the proposed rule change pursuant                 (‘‘UTC’’) system, where they are                         the later of midnight of T+1 or midnight
                                                  to section 19(b)(2) 3 of the Act. The                   checked for eligibility for settlement                   of the day they are reported to Members,
                                                  Commission is publishing this notice to                 either through NSCC’s CNS system 6 or                    and guarantees the completion of
                                                  solicit comments on the proposed rule                   through its Balance Order Accounting                     shortened process trades, such as same-
                                                  change from interested persons.                         Operation on a trade-for-trade basis.7                   day and next-day settling trades, upon
                                                                                                          These CMU trades, those that are                         comparison or trade recording
                                                  I. Clearing Agency’s Statement of the                   scheduled to settle on a T+2 or longer                   processing.8 Therefore, for those T+1
                                                  Terms of Substance of the Proposed                      timeframe, are then processed for                        CMU trades that are eligible for
                                                  Rule Change                                             settlement through the settlement                        settlement through CNS, NSCC would
                                                     The proposed rule change consists of                 service for which they are eligible, i.e.                guarantee the completion of these trades
                                                  amendments to NSCC’s Rules &                            either the CNS system or the Balance                     upon comparison or trade recording
                                                  Procedures (‘‘Rules’’) in order to permit               Order Accounting Operation on a trade-                   processing. T+1 CMU trades that settle
                                                  trades in fixed income securities                       for-trade basis. If a CMU trade is not                   through CNS would be subject to all
                                                  (corporate and municipal bonds, and                     eligible for settlement through either                   appropriate risk management measures
                                                  unit investment trusts, collectively                    CNS or the Balance Order Accounting                      and margining, pursuant to the existing
                                                  ‘‘CMU’’) that are scheduled to settle on                Operation, or if it is marked as                         risk management methodology and
                                                  the day after trade date (‘‘T+1’’) to settle            ‘‘comparison-only’’ when it is submitted                 policies and procedures, including the
                                                  either through its Continuous Net                       to NSCC, it is only processed for trade                  Specified Activity charge component of
                                                  Settlement (‘‘CNS’’) system, as                         comparison through RTTM and then it                      its Clearing Fund charges, which
                                                  described below, or through its Balance                 must settle away from NSCC.                              applies to trades settling at NSCC on a
                                                  Order Accounting Operation on a trade-                     Today, all CMU trades submitted to                    shortened processing cycle.9 NSCC
                                                  for-trade basis, as described below,                    NSCC through RTTM that are scheduled                     estimates that CMU trades that are
                                                  when eligible for settlement through                    to settle on T+1 are automatically                       designated to settle on T+1 and would
                                                  these services.4                                        processed as comparison-only in RTTM,                    be eligible to settle through CNS
                                                                                                          and must settle away from NSCC. T+1                      represent less than half of a percent of
                                                  II. Clearing Agency’s Statement of the                  CMU trades are processed this way
                                                  Purpose of, and Statutory Basis for, the                                                                         all CMU trades processed at NSCC, and
                                                                                                          because, historically, NSCC’s systems                    less than 2% of the total value of all
                                                  Proposed Rule Change                                    were not able to adequately risk manage                  CMU trades processed at NSCC.10 In
                                                    In its filing with the Commission,                    CMU trades that settled on this                          order to implement this proposed rule
                                                  NSCC included statements concerning                     shortened timeframe. NSCC is                             change, NSCC would amend Procedure
                                                  the purpose of and basis for the                        proposing to amend its Rules so that,                    II (Trade Comparison and Recording
                                                  proposed rule change and discussed any                  following trade comparison through                       Service). In particular, these
                                                  comments it received on the proposed                    RTTM, T+1 CMU trades would be                            amendments would provide that CMU
                                                  rule change. The text of these statements               processed into UTC, where they would                     T+1 transactions would be handled in
                                                  may be examined at the places specified                 be checked for eligibility to settle                     the same manner as CMU T+2 trades
                                                  in Item IV below. NSCC has prepared                     through either CNS or the Balance Order                  and trades submitted for regular way (or
                                                  summaries, set forth in sections A, B,                  Accounting Operation on a trade-for-
                                                                                                                                                                   T+3) settlement. Procedure II would
                                                  and C below, of the most significant                    trade basis. If eligible, these CMU trades
                                                                                                                                                                   also be amended to remove reference to
                                                  aspects of such statements.                             would settle through the settlement
                                                                                                                                                                   CMU T+1 transactions from the section
                                                                                                          service for which they are eligible, i.e.
                                                  (A) Clearing Agency’s Statement of the                                                                           that identifies those trades that are
                                                                                                          either the CNS system or the Balance
                                                  Purpose of, and Statutory Basis for, the                                                                         accepted by NSCC for comparison-only
                                                                                                          Order Accounting Operation on a trade-
                                                  Proposed Rule Change                                                                                             processing.
                                                                                                          for-trade basis.
                                                  1. Purpose                                                                                                          Pending Commission approval of this
                                                                                                          determined by the counterparties to that trade, and      proposed rule change, Members would
                                                     CMU transactions that are effected in                is indicated on the trade record when the trade is       be advised of the implementation date
                                                  the over-the-counter markets and                        submitted to NSCC.
                                                                                                             6 CNS and its operation are described in Rule 11
                                                  submitted to NSCC directly by Members                                                                               8 NSCC guarantees the completion of trades that
                                                                                                          and Procedure VII. Rules, supra note 4. To be
                                                  on a bilateral basis are processed                      eligible for CNS settlement, a transaction must be       settle through CNS pursuant to Addendum K of the
                                                  through NSCC’s Real Time Trade                          in a security that is eligible for book-entry transfer   Rules. Rules, supra note 4.
                                                                                                                                                                      9 The components of NSCC’s Clearing Fund are
                                                  Matching (‘‘RTTM’’) platform. Within                    on the books of The Depository Trust Company, and
                                                                                                          must be capable of being processed in the CNS            described in Procedure XV, and the Specified
                                                  RTTM, the buy and sell sides of a                                                                                Activity charge is described in section I(A)(1)(g) for
                                                                                                          system; for example, securities may be ineligible for
                                                  transaction are validated and matched,                  CNS processing due to certain transfer restrictions      trades settling through CNS. Rules, supra note 4.
                                                  resulting in a compared trade that is                   (e.g., 144A securities) or due to the pendency of           10 Based on data from the first quarter of 2015, an

                                                  reported to Members. This process is                    certain corporate actions.                               approximate daily average of 45,000 CMU trades are
                                                  called ‘‘trade comparison.’’                               7 The Balance Order Accounting Operation is           processed at NSCC, with an approximate total daily
                                                                                                          described in Procedure V. Rules, supra note 4. CMU       value of an average of $8.3 billion. Of the
                                                     Today, with the exception of CMU                     trades that are processed through the Balance Order      approximate daily average of 45,000 CMU trades
                                                  trades that are submitted to NSCC to                    Accounting Operation are processed on a trade-for-       processed at NSCC, an approximate daily average
                                                  settle on a timeframe that is shorter than                                                                       of 200 CMU trades are designated to settle on T+1
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          trade basis, as described in Section B of Procedure
                                                  T+2,5 CMU trades submitted to NSCC                      V, such that Receive and Deliver Orders, as defined      and are in securities that are eligible for settlement
                                                                                                          in the Rules, are created instructing the                in CNS. Of the approximate daily value of an
                                                                                                          counterparties to the transaction to deliver or          average of $8.3 billion in CMU trades processed at
                                                    3 15 U.S.C. 78s(b)(2).                                receive a quantity of securities to or from their        NSCC, CMU trades that are designated to settle on
                                                    4 Terms  not defined herein are defined in the        counterparty to that transaction. These transactions     T+1 and are in securities that are eligible for
                                                  Rules, available at http://dtcc.com/∼/media/Files/      are not netted and are not subject to NSCC’s risk        settlement in CNS have an approximate total daily
                                                  Downloads/legal/rules/nscc_rules.pdf.                   management measures, as NSCC’s central                   value of an average of $145 million. The average
                                                    5 The settlement timeframe of a trade, i.e. when      counterparty guarantee does not attach to these          daily CMU transaction volume is less than 1% of
                                                  the trade will settle relative to the trade date, is    trades.                                                  NSCC’s overall daily volume.



                                             VerDate Sep<11>2014   17:19 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00111   Fmt 4703   Sfmt 4703   E:\FR\FM\15OCN1.SGM     15OCN1


                                                                                Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices                                               62123

                                                  through issuance of an NSCC Important                     IV. Solicitation of Comments                            For the Commission, by the Division of
                                                  Notice                                                                                                          Trading and Markets, pursuant to delegated
                                                                                                              Interested persons are invited to                   authority.12
                                                  2. Statutory Basis                                        submit written data, views and                        Robert W. Errett,
                                                     Section 17A(b)(3)(F) of the Act                        arguments concerning the foregoing,                   Deputy Secretary.
                                                  requires, in part, that NSCC’s Rules be                   including whether the proposed rule                   [FR Doc. 2015–26151 Filed 10–14–15; 8:45 am]
                                                  designed to promote the prompt and                        change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                  accurate clearance and settlement of                      Comments may be submitted by any of
                                                  securities transactions and to protect                    the following methods:
                                                  investors and the public interest.11 By                                                                         SECURITIES AND EXCHANGE
                                                                                                            Electronic Comments                                   COMMISSION
                                                  permitting additional, eligible
                                                  transactions to settle through CNS or the                   • Use the Commission’s Internet                     [Release No. IA–4220/803–00225]
                                                  Balance Order Accounting Operation,                       comment form (http://www.sec.gov/
                                                  and receive the benefit of NSCC’s                         rules/sro.shtml); or                                  Fidelity Management & Research
                                                  settlement services, including, in the                                                                          Company and FMR Co., Inc.; Notice of
                                                                                                              • Send an email to rule-comments@
                                                  case of CNS, the central counterparty                                                                           Application
                                                                                                            sec.gov. Please include File Number SR–
                                                  trade guarantee, the proposal would
                                                  offer protection to investors and the                     NSCC–2015–005 on the subject line.                    October 8, 2015.
                                                  public interest by mitigating its                                                                               AGENCY:  Securities and Exchange
                                                                                                            Paper Comments
                                                  Members’ settlement risk and                                                                                    Commission (‘‘Commission’’).
                                                  counterparty risk with respect to those                     • Send paper comments in triplicate                 ACTION: Notice of application for an
                                                  transactions. Therefore, NSCC believes                    to Brent J. Fields, Secretary, Securities             exemptive order under section 206A of
                                                  the proposed rule change would                            and Exchange Commission, 100 F Street                 the Investment Advisers Act of 1940
                                                  promote the prompt and accurate                           NE., Washington, DC 20549–1090.                       (the ‘‘Advisers Act’’) and rule 206(4)–
                                                  clearance and settlement of securities                                                                          5(e).
                                                                                                            All submissions should refer to File
                                                  transactions by reducing these risks,
                                                  consistent with the requirements of the                   Number SR–NSCC–2015–005. This file                    APPLICANT:   Fidelity Management &
                                                  Act, in particular section 17A(b)(3)(F),                  number should be included on the                      Research Company (‘‘FMR’’) and FMR
                                                  cited above.                                              subject line if email is used. To help the            Co., Inc. (‘‘FMRC’’ and, together with
                                                                                                            Commission process and review your                    FMR, ‘‘Applicants’’).
                                                  (B) Clearing Agency’s Statement on                        comments more efficiently, please use                 RELEVANT ADVISERS ACT SECTIONS:
                                                  Burden on Competition                                     only one method. The Commission will                  Exemption requested under section
                                                    NSCC does not believe that the                          post all comments on the Commission’s                 206A of the Advisers Act and rule
                                                  proposed rule changes would have any                      Internet Web site (http://www.sec.gov/                206(4)–5(e) from rule 206(4)–5(a)(1)
                                                  impact on competition because the                         rules/sro.shtml). Copies of the                       under the Advisers Act.
                                                  proposal would apply equally to all                       submission, all subsequent                            SUMMARY OF APPLICATION: Applicants
                                                  NSCC Members that submit CMU trades                       amendments, all written statements                    request that the Commission issue an
                                                  through NSCC’s RTTM service.                              with respect to the proposed rule                     order under section 206A of the
                                                                                                            change that are filed with the                        Advisers Act and rule 206(4)–5(e)
                                                  (C) Clearing Agency’s Statement on                        Commission, and all written                           exempting Applicants from rule 206(4)–
                                                  Comments on the Proposed Rule                                                                                   5(a)(1) under the Advisers Act to permit
                                                                                                            communications relating to the
                                                  Change Received From Members,                                                                                   Applicants to receive compensation
                                                                                                            proposed rule change between the
                                                  Participants, or Others                                                                                         from certain government entities for
                                                                                                            Commission and any person, other than
                                                    NSCC has not received any written                       those that may be withheld from the                   investment advisory services provided
                                                  comments relating to this proposal.                       public in accordance with the                         to the government entities within the
                                                  NSCC will notify the Commission of any                                                                          two-year period following a
                                                                                                            provisions of 5 U.S.C. 552, will be
                                                  written comments received by NSCC.                                                                              contribution by a covered associate of
                                                                                                            available for Web site viewing and
                                                                                                                                                                  the Applicants to an official of the
                                                  III. Date of Effectiveness of the                         printing in the Commission’s Public                   government entities.
                                                  Proposed Rule Change, and Timing for                      Reference Room, 100 F Street NE.,
                                                                                                                                                                  FILING DATES: The application was filed
                                                  Commission Action                                         Washington, DC 20549 on official
                                                                                                                                                                  on August 28, 2014, an amended and
                                                                                                            business days between the hours of                    restated application was filed on May
                                                    Within 45 days of the date of                           10:00 a.m. and 3:00 p.m. Copies of the                11, 2015, and a second amended and
                                                  publication of this notice in the Federal                 filing also will be available for                     restated application was filed on
                                                  Register or within such longer period                     inspection and copying at the principal               September 24, 2015.
                                                  up to 90 days (i) as the Commission may                   office of NSCC and on DTCC’s Web site
                                                  designate if it finds such longer period                                                                        HEARING OR NOTIFICATION OF HEARING: An
                                                                                                            (http://dtcc.com/legal/sec-rule-                      order granting the application will be
                                                  to be appropriate and publishes its                       filings.aspx). All comments received
                                                  reasons for so finding or (ii) as to which                                                                      issued unless the Commission orders a
                                                                                                            will be posted without change; the                    hearing. Interested persons may request
                                                  the self-regulatory organization                          Commission does not edit personal
                                                  consents, the Commission will:                                                                                  a hearing by writing to the
                                                                                                            identifying information from
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                  Commission’s Secretary and serving
                                                    (A) By order approve or disapprove                      submissions. You should submit only                   Applicants with a copy of the request,
                                                  such proposed rule change, or                             information that you wish to make                     personally or by mail. Hearing requests
                                                    (B) institute proceedings to determine                  available publicly. All submissions                   should be received by the Commission
                                                  whether the proposed rule change                          should refer to File Number SR–NSCC–                  by 5:30 p.m. on November 2, 2015, and
                                                  should be disapproved.                                    2015–005 and should be submitted on                   should be accompanied by proof of
                                                                                                            or before November 5, 2015.
                                                    11 15   U.S.C. 78q–1(b)(3)(F).                                                                                  12 17   CFR 200.30–3(a)(12).



                                             VerDate Sep<11>2014     17:19 Oct 14, 2015   Jkt 238001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\15OCN1.SGM    15OCN1



Document Created: 2018-02-27 08:52:27
Document Modified: 2018-02-27 08:52:27
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 62121 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR