80_FR_64234 80 FR 64030 - Sunshine Act Meeting

80 FR 64030 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range64030-64031
FR Document2015-27066

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64030-64031]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27066]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission Equity Market Structure Advisory Committee will 
hold a public meeting on Tuesday, October 27, 2015, in the Multipurpose 
Room, LL-006 at the Commission's headquarters, 100 F Street NE., 
Washington, DC.
    The meeting will begin at 9:30 a.m. (EDT) and will be open to the 
public. Seating will be on a first-come, first-served basis. Doors will 
be open at 9:00 a.m. Visitors will be subject to security checks. The 
meeting will be webcast on the Commission's Web site at www.sec.gov.
    On October 6, 2015, the Commission published notice of the 
Committee meeting (Release No. 34-76081), indicating that the meeting 
is open to the public and inviting the public to submit written 
comments to the Committee. This Sunshine Act notice is being issued 
because a majority of the Commission may attend the meeting.
    The agenda for the meeting will focus on Rule 610 of SEC Regulation 
NMS and the regulatory structure of trading venues.
    For further information, please contact the Office of the Secretary 
at (202) 551-5400.


[[Page 64031]]


    Dated: October 20, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-27066 Filed 10-20-15; 4:15 pm]
BILLING CODE 8011-01-P



                                              64030                          Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices

                                              V. Commission’s Findings and Notice of                    Rule 17Ad–22(b)(3). Exchange Act Rule                 that OCC has been designated as a
                                              No Objection                                              17Ad–22(d)(11) requires that registered               systemically important FMU, its ability
                                                 Although the Clearing Supervision                      clearing agencies ‘‘establish, implement,             to access financial resources to address
                                              Act does not specify a standard of                        maintain and enforce written policies                 short-term liquidity demands
                                              review for an advance notice, its stated                  and procedures reasonably designed to,                contributes to reducing systemic risks
                                              purpose is instructive.7 The stated                       as applicable . . . establish default                 and supporting the stability of the
                                              purpose is to mitigate systemic risk in                   procedures that ensure that the clearing              broader financial system.
                                              the financial system and promote                          agency can take timely action to contain                For these reasons, stated above, the
                                              financial stability by, among other                       losses and liquidity pressures and to                 Commission does not object to the
                                              things, promoting uniform risk                            continue meeting its obligations in the               advance notice.
                                              management standards for systemically                     event of a participant default.’’ The
                                                                                                        Commission believes that the proposal                 VI. Conclusion
                                              important financial market utilities
                                              (‘‘FMUs’’) and strengthening the                          is consistent with Exchange Act Rule                    It is therefore noticed, pursuant to
                                              liquidity of systemically important                       17Ad–22(d)(11) because the New                        Section 806(e)(1)(I) of the Clearing
                                              FMUs.8 Section 805(a)(2) of the Clearing                  Facility will allow OCC to obtain short-              Supervision Act,15 that the Commission
                                              Supervision Act 9 authorizes the                          term funds to address liquidity demands               does not object to the proposed change,
                                              Commission to prescribe risk                              arising out of the default or suspension              and authorizes OCC to implement the
                                              management standards for the payment,                     of a clearing member, in anticipation of              change in the advance notice (SR–OCC–
                                              clearing, and settlement activities of                    a potential default or suspension of                  2015–803) as of the date of this notice.
                                              designated clearing entities and                          clearing members or the insolvency of a
                                                                                                        bank or another securities or                           By the Commission.
                                              financial institutions engaged in
                                                                                                        commodities clearing organization.                    Robert W. Errett,
                                              designated activities for which it is the
                                              Supervisory Agency or the appropriate                     Therefore, the New Facility should help               Deputy Secretary.
                                              financial regulator. Section 805(b) of the                OCC minimize losses in the event of                   [FR Doc. 2015–26867 Filed 10–21–15; 8:45 am]
                                              Clearing Supervision Act 10 states that                   such a default, suspension or                         BILLING CODE 8011–01–P
                                              the objectives and principles for the risk                insolvency, by allowing it to obtain
                                              management standards prescribed under                     funds on extremely short notice to
                                              Section 805(a) shall be to:                               ensure clearance and settlement of                    SECURITIES AND EXCHANGE
                                                 • promote robust risk management;                      transactions in options and other                     COMMISSION
                                                 • promote safety and soundness;                        contracts without interruption.
                                                 • reduce systemic risks; and                              Exchange Act Rule 17Ad–22(b)(3)                    Sunshine Act Meeting
                                                 • support the stability of the broader                 requires a central counterparty (‘‘CCP’’),
                                              financial system.                                         to ‘‘establish, implement, maintain and                 Notice is hereby given, pursuant to
                                                 The Commission has adopted risk                        enforce written policies and procedures               the provisions of the Government in the
                                              management standards under Section                        reasonably designed to . . . [m]aintain               Sunshine Act, Public Law 94–409, that
                                              805(a)(2) of the Clearing Supervision                     sufficient financial resources to                     the Securities and Exchange
                                              Act 11 and the Exchange Act (‘‘Clearing                   withstand, at a minimum, a default by                 Commission Equity Market Structure
                                              Agency Standards’’).12 The Clearing                       the participant family to which it has                Advisory Committee will hold a public
                                              Agency Standards require registered                       the largest exposure in extreme but                   meeting on Tuesday, October 27, 2015,
                                              clearing agencies to establish,                           plausible market conditions. . . .’’ The              in the Multipurpose Room, LL–006 at
                                              implement, maintain, and enforce                          Commission believes that the proposal                 the Commission’s headquarters, 100 F
                                              written policies and procedures that are                  is consistent with Exchange Act Rule                  Street NE., Washington, DC.
                                              reasonably designed to meet certain                       17Ad–22(b)(3) because OCC’s proposal                    The meeting will begin at 9:30 a.m.
                                              minimum requirements for their                            to enter into the New Facility, thereby               (EDT) and will be open to the public.
                                              operations and risk management                            ensuring continued access to a                        Seating will be on a first-come, first-
                                              practices on an ongoing basis.13                          committed bank syndicated credit                      served basis. Doors will be open at 9:00
                                              Therefore, it is appropriate for the                      facility, will help OCC maintain                      a.m. Visitors will be subject to security
                                              Commission to review advance notices                      sufficient financial resources to                     checks. The meeting will be webcast on
                                              against these Clearing Agency Standards                   withstand, at a minimum, a default by                 the Commission’s Web site at
                                              and the objectives and principles of                      an clearing member family to which it                 www.sec.gov.
                                              these risk management standards as                        has the largest exposure.                               On October 6, 2015, the Commission
                                              described in Section 805(b) of the                           For these reasons, the Commission                  published notice of the Committee
                                              Clearing Supervision Act.14                               believes the proposal contained in the                meeting (Release No. 34–76081),
                                                 The Commission believes that the                       advance notice is consistent with the                 indicating that the meeting is open to
                                              proposal in the advance notice is                         objectives and principles described in                the public and inviting the public to
                                              consistent with the Clearing Agency                       Section 805(b) of the Clearing                        submit written comments to the
                                              Standards, in particular, Exchange Act                    Supervision Act, including that it                    Committee. This Sunshine Act notice is
                                              Rule 17Ad–22(d)(11) and Exchange Act                      reduces systemic risks and promote the                being issued because a majority of the
                                                                                                        safety and soundness of the broader
                                                                                                                                                              Commission may attend the meeting.
                                                7 See   12 U.S.C. 5461(b).                              financial system. As discussed above,
                                                8 Id.                                                   the New Facility will continue to                       The agenda for the meeting will focus
                                                9 12  U.S.C. 5464(a)(2).                                promote the reduction of risks to OCC,                on Rule 610 of SEC Regulation NMS and
                                                                                                                                                              the regulatory structure of trading
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                                                10 12   U.S.C. 5464(b).                                 its clearing members, and the options
                                                 11 12 U.S.C. 5464(a)(2).
                                                                                                        market in general because it will allow               venues.
                                                 12 See Exchange Act Rule 17Ad–22. 17 CFR
                                                                                                        OCC to obtain short-term funds to                       For further information, please
                                              240.17Ad–22. Securities Exchange Act Release No.                                                                contact the Office of the Secretary at
                                              68080 (October 22, 2012), 77 FR 66220 (November
                                                                                                        address liquidity demands, which
                                              2, 2012) (S7–08–11).                                      should ensure clearance and settlement                (202) 551–5400.
                                                 13 Id.                                                 of transactions in options and other
                                                 14 12 U.S.C. 5464(b).                                  contracts without interruption. Given                   15 12   U.S.C. 5465(e)(1)(I).



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                                                                           Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices                                                   64031

                                                Dated: October 20, 2015.                              December 2, 2013.6 On November 22,                    product.14 In particular, under Rule
                                              Brent J. Fields,                                        2013, the Commission extended the                     17g–5(a)(3), an NRSRO is prohibited
                                              Secretary.                                              conditional temporary exemption until                 from issuing or maintaining a credit
                                              [FR Doc. 2015–27066 Filed 10–20–15; 4:15 pm]            December 2, 2014.7 On November 19,                    rating when it is subject to the conflict
                                                                                                      2014, the Commission extended the                     of interest identified in paragraph (b)(9)
                                              BILLING CODE 8011–01–P
                                                                                                      conditional temporary exemption until                 of Rule 17g–5 (i.e., being hired by an
                                                                                                      December 2, 2015.8 The Commission is                  arranger to determine a credit rating for
                                                                                                      extending the temporary conditional                   a structured finance product) 15 unless it
                                              SECURITIES AND EXCHANGE
                                                                                                      exemption exempting NRSROs from                       has taken the steps prescribed in
                                              COMMISSION
                                                                                                      complying with Rule 17g–5(a)(3) with                  paragraphs (a)(1) and (2) of Rule 17g–5
                                                                                                      respect to rating covered transactions                (discussed above) and the steps
                                              [Release No. 34–76183; File No. S7–04–09]                                                                     prescribed in paragraph (a)(3) of Rule
                                                                                                      until December 2, 2017.
                                                                                                                                                            17g–5.16 Rule 17g–5(a)(3), among other
                                              Order Extending Temporary                               II. Background                                        things, requires that the NRSRO must:
                                              Conditional Exemption for Nationally                                                                             • Maintain on a password-protected
                                              Recognized Statistical Rating                              Rule 17g–5 identifies, in paragraphs
                                                                                                                                                            Internet Web site a list of each
                                              Organizations From Requirements of                      (b) and (c) of the rule, a series of
                                                                                                                                                            structured finance product for which it
                                              Rule 17g–5(A)(3) Under the Securities                   conflicts of interest arising from the
                                                                                                                                                            currently is in the process of
                                              Exchange Act of 1934 and Request for                    business of determining credit ratings.9
                                                                                                                                                            determining an initial credit rating in
                                              Comment                                                 Paragraph (a) of Rule 17g–5 10 prohibits
                                                                                                                                                            chronological order and identifying the
                                                                                                      an NRSRO from issuing or maintaining
                                              October 16, 2015.                                                                                             type of structured finance product, the
                                                                                                      a credit rating if it is subject to the
                                                                                                                                                            name of the issuer, the date the rating
                                              I. Introduction                                         conflicts of interest identified in
                                                                                                                                                            process was initiated, and the Internet
                                                                                                      paragraph (b) of Rule 17g–5 unless the
                                                                                                                                                            Web site address where the arranger
                                                 On May 19, 2010, the Securities and                  NRSRO has taken the steps prescribed
                                                                                                                                                            represents the information provided to
                                              Exchange Commission (‘‘Commission’’)                    in paragraph (a)(1) (i.e., disclosed the              the hired NRSRO can be accessed by
                                              conditionally exempted, with respect to                 type of conflict of interest in Exhibit 6             other NRSROs;
                                              certain credit ratings and until                        to Form NRSRO in accordance with                         • Provide free and unlimited access
                                              December 2, 2010, nationally recognized                 Section 15E(a)(1)(B)(vi) of the Exchange              to such password-protected Internet
                                              statistical rating organizations                        Act 11 and Rule 17g–1) 12 and paragraph               Web site during the applicable calendar
                                              (‘‘NRSROs’’) from certain requirements                  (a)(2) (i.e., established and is                      year to any NRSRO that provides it with
                                              in Rule 17g–5(a)(3) 1 under the                         maintaining and enforcing written                     a copy of the certification described in
                                              Securities Exchange Act of 1934                         policies and procedures to address and                paragraph (e) of Rule 17g–5 that covers
                                              (‘‘Exchange Act’’), which had a                         manage conflicts of interest in                       that calendar year; 17 and
                                              compliance date of June 2, 2010.2                       accordance with Section 15E(h) of the
                                              Pursuant to the Order, an NRSRO is not                  Exchange Act).13 Paragraph (c) of Rule                   14 See 17 CFR 240.17g–5(a)(3); see also Exchange

                                              required to comply with Rule 17g–                       17g–5 specifically prohibits eight types              Act Release No. 61050 (Nov. 23, 2009), 74 FR 63832
                                              5(a)(3) until December 2, 2010 with                     of conflicts of interest. Consequently, an            (Dec. 4, 2009) (‘‘Adopting Release’’) at 63844–45.
                                                                                                                                                               15 Paragraph (b)(9) of Rule 17g–5 identifies the
                                              respect to credit ratings where: (1) The                NRSRO is prohibited from issuing or
                                                                                                                                                            following conflict of interest: Issuing or maintaining
                                              issuer of the structured finance product                maintaining a credit rating when it is                a credit rating for a security or money market
                                              is a non-U.S. person; and (2) the NRSRO                 subject to these conflicts regardless of              instrument issued by an asset pool or as part of any
                                              has a reasonable basis to conclude that                 whether it had disclosed them and                     asset-backed securities transaction that was paid for
                                                                                                      established procedures reasonably                     by the issuer, sponsor, or underwriter of the
                                              the structured finance product will be                                                                        security or money market instrument. 17 CFR
                                              offered and sold upon issuance, and that                designed to address them.                             240.17g–5(b)(9).
                                              any arranger linked to the structured                      In November 2009, the Commission                      16 17 CFR 240.17g–5(a)(3).

                                              finance product will effect transactions                adopted paragraph (a)(3) of Rule 17g–5.                  17 Paragraph (e) of Rule 17g–5 requires that an

                                              of the structured finance product after                                                                       NRSRO seeking to access the hired NRSRO’s
                                                                                                      This provision requires an NRSRO that                 Internet Web site during the applicable calendar
                                              issuance, only in transactions that occur               is hired by an arranger to determine an               year must furnish the Commission with the
                                              outside the U.S. (‘‘covered                             initial credit rating for a structured                following certification:
                                              transactions’’).3 On November 23, 2010,                 finance product to take certain steps                    The undersigned hereby certifies that it will
                                              the Commission extended the                             designed to allow an NRSRO that is not                access the Internet Web sites described in 17 CFR
                                              conditional temporary exemption until                                                                         240.17g–5(a)(3) solely for the purpose of
                                                                                                      hired by the arranger to nonetheless                  determining or monitoring credit ratings. Further,
                                              December 2, 2011.4 On November 16,                      determine an initial credit rating—and                the undersigned certifies that it will keep the
                                              2011, the Commission extended the                       subsequently monitor that credit                      information it accesses pursuant to 17 CFR
                                              conditional temporary exemption until                   rating—for the structured finance                     240.17g–5(a)(3) confidential and treat it as material
                                              December 2, 2012.5 On November 26,                                                                            nonpublic information subject to its written policies
                                                                                                                                                            and procedures established, maintained, and
                                              2012, the Commission extended the                         6 See Exchange Act Release No. 34–68286 (Nov.       enforced pursuant to section 15E(g)(1) of the Act (15
                                              conditional temporary exemption until                   26, 2012), 77 FR 71201 (Nov. 29, 2012) (‘‘Third       U.S.C. 78o–7(g)(1)) and 17 CFR 240.17g–4. Further,
                                                                                                      Extension Order’’).                                   the undersigned certifies that it will determine and
                                                1 See
                                                                                                        7 See Exchange Act Release No. 34–70919 (Nov.       maintain credit ratings for at least 10% of the issued
                                                       17 CFR 240.17g–5(a)(3).
                                                2 See                                                 22, 2013), 78 FR 70984 (Nov. 27, 2013) (‘‘Fourth      securities and money market instruments for which
                                                       Exchange Act Release No. 62120 (May 19,                                                              it accesses information pursuant to 17 CFR
                                                                                                      Extension Order’’).
                                              2010), 75 FR 28825 (May 24, 2010) (‘‘Order’’).                                                                240.17g–5(a)(3)(iii), if it accesses such information
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                                                                                                        8 See Exchange Act Release No. 34–73649 (Nov.
                                                3 See id. at 28827–28 (setting forth conditions of
                                                                                                      19, 2014), 79 FR 70261 (Nov. 25, 2014) (‘‘Fifth       for 10 or more issued securities or money market
                                              relief).                                                                                                      instruments in the calendar year covered by the
                                                4 See Exchange Act Release No. 63363 (Nov. 23,          Extension Order’’).
                                                                                                        9 17 CFR 240.17g–5(b) and (c).                      certification. Further, the undersigned certifies one
                                              2010), 75 FR 73137 (Nov. 29, 2010) (‘‘First                                                                   of the following as applicable: (1) In the most recent
                                                                                                        10 17 CFR 240.17g–5(a).
                                              Extension Order’’).                                                                                           calendar year during which it accessed information
                                                5 See Exchange Act Release No. 65765 (Nov. 16,          11 15 U.S.C. 78o–7(a)(1)(B)(vi).
                                                                                                                                                            pursuant to 17 CFR 240.17g–5(a)(3), the
                                                                                                        12 17 CFR 240.17g–1.
                                              2011), 76 FR 72227 (Nov. 22, 2011) (‘‘Second                                                                  undersigned accessed information for [Insert
                                              Extension Order’’).                                       13 15 U.S.C. 78o–7(h).                                                                          Continued




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Document Created: 2015-12-14 15:34:40
Document Modified: 2015-12-14 15:34:40
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 64030 

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