81_FR_848 81 FR 844 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of a Proposed Rule Change To Amend the Derivatives and Other Off-Balance Sheet Items Schedule Pursuant to FINRA Rule 4524 (Supplemental FOCUS Information)

81 FR 844 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of a Proposed Rule Change To Amend the Derivatives and Other Off-Balance Sheet Items Schedule Pursuant to FINRA Rule 4524 (Supplemental FOCUS Information)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 4 (January 7, 2016)

Page Range844-847
FR Document2015-33312

Federal Register, Volume 81 Issue 4 (Thursday, January 7, 2016)
[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Notices]
[Pages 844-847]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33312]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76813; File No. SR-FINRA-2015-059]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing of a Proposed Rule Change To Amend 
the Derivatives and Other Off-Balance Sheet Items Schedule Pursuant to 
FINRA Rule 4524 (Supplemental FOCUS Information)

December 31, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'' or ``SEA'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby 
given that on December 23, 2015, Financial Industry Regulatory 
Authority, Inc. (``FINRA'') filed with the Securities and Exchange 
Commission (``SEC'' or ``Commission'') the proposed rule change as 
described in Items I and II below, which items have been substantially 
prepared by FINRA. 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to amend the instructions to the Derivatives and 
Other Off-Balance Sheet Items Schedule (``OBS'') pursuant to FINRA Rule 
4524 (Supplemental FOCUS Information) to expand the application of the 
OBS to certain non-carrying/non-clearing firms that have significant 
amounts of off-balance sheet obligations. The proposed rule change does 
not propose amendments to existing rule text.
    The text of the proposed rule change is available on FINRA's Web 
site at http://www.finra.org, at the principal office of FINRA and at 
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA 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. FINRA has prepared summaries, set forth in sections IIA, 
IIB, and IIC below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    FINRA Rule 4524 requires each firm, as FINRA shall designate, to 
file such additional financial or operational schedules or reports as 
FINRA may deem necessary or appropriate for the protection of investors 
or in the public interest as a supplement to the FOCUS Report.\3\ In 
February 2013, the SEC approved FINRA's adoption, pursuant to FINRA 
Rule 4524, of the OBS as a supplement to the FOCUS report.\4\ The OBS 
captures important information that is not otherwise reported on firms' 
balance sheets and requires all firms that carry customer accounts or 
self-clear or clear transactions for others (referred to, collectively, 
as ``carrying or clearing firms'') to file with FINRA the OBS within 22 
business days of the end of each calendar quarter, unless a carrying or 
clearing firm meets the de minimis exception set forth in the 
instructions to the OBS.\5\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 66364 (February 9, 
2012), 77 FR 8938 (February 15, 2012) (Order Approving File No. SR-
FINRA-2011-064). FINRA Rule 4524 also provides that FINRA will 
specify the content of additional schedules or reports, their 
format, and the timing and the frequency of such supplemental 
filings in a Regulatory Notice (or similar communication), the 
content of which FINRA will file with the Commission pursuant to 
Section 19(b) of the Act.
    \4\ See Securities Exchange Act Release No. 68832 (February 5, 
2013), 78 FR 9754 (February 11, 2013) (Order Approving File No. SR-
FINRA-2012-050). Carrying or clearing firms were required to file 
with FINRA their initial OBS on or before July 31, 2013, to disclose 
off-balance sheet information as of June 30, 2013. See Regulatory 
Notice 13-10 (March 2013) (Supplemental FOCUS Information).
    \5\ The de minimis exception relieves a carrying or clearing 
firm from filing the OBS for the reporting period if the aggregate 
of all gross amounts of off-balance sheet items is less than 10 
percent of the firm's excess net capital on the last day of the 
reporting period. For purposes of the OBS, as well as the proposed 
amendments to the OBS, the term ``excess net capital'' means net 
capital reduced by the greater of the minimum dollar net capital 
requirement or two percent of combined aggregate debit items as 
shown in the Formula for Reserve Requirements pursuant to SEA Rule 
15c3-3. See Securities Exchange Act Release No. 68832 (February 5, 
2013), 78 FR 9754, 9755 (February 11, 2013) (Order Approving File 
No. SR-FINRA-2012-050).
---------------------------------------------------------------------------

    Pursuant to FINRA Rule 4524, the proposed rule change would amend 
the instructions to the OBS to expand its application beyond carrying 
or clearing firms to include firms that neither carry customer accounts 
nor clear transactions (referred to, collectively, as ``non-clearing 
firms'') that have, pursuant to SEA Rule 15c3-1,\6\ a

[[Page 845]]

minimum dollar net capital requirement equal to or greater than 
$100,000, and at least $10 million in reportable items pursuant to the 
OBS. As discussed in more detail below, FINRA believes this proposed 
expansion is necessary to effectively examine for compliance with, and 
enforce, its rules on capital adequacy. The proposed rule change does 
not otherwise change the OBS or its instructions, including the de 
minimis exception. Accordingly, consistent with the current OBS, any 
firm (i.e., either a carrying or clearing firm or a non-clearing firm) 
that meets the de minimis exception need not file the OBS for the 
reporting period.\7\ Further, under the proposed rule change, as under 
the current OBS, any firm that is required to file the OBS must do so 
as of the last day of a reporting period within 22 business days of the 
end of each calendar quarter.
---------------------------------------------------------------------------

    \6\ See 17 CFR 240.15c3-1 (Net Capital Requirements for Brokers 
or Dealers). SEA Rule 15c3-1(a)(2)(iii) requires a ``dealer'' (as 
defined in SEA Rule 15c3-1(a)(2)(iii)) to maintain net capital of 
not less than $100,000.
    \7\ However, a firm that claims the de minimis exception must 
affirmatively indicate through the eFOCUS system that no filing is 
required for the reporting period. See Regulatory Notice 13-10 
(March 2013) (Supplemental FOCUS Information).
---------------------------------------------------------------------------

    When FINRA proposed the OBS, FINRA noted the need, in the aftermath 
of the financial crisis, to obtain more comprehensive and consistent 
information regarding carrying or clearing firms' off-balance sheet 
assets, liabilities and other commitments.\8\ By requiring carrying or 
clearing firms to report their gross exposures in financing 
transactions (e.g., reverse repos, repos and other transactions that 
are otherwise netted under generally accepted accounting principles, 
reverse repos and repos to maturity and collateral swap transactions), 
interests in and exposure to variable interest entities, non-regular 
way settlement transactions (including to-be-announced or TBA \9\ 
securities and delayed delivery/settlement transactions), underwriting 
and other financing commitments, and gross notional amounts in 
centrally cleared and non-centrally cleared derivative transactions on 
the OBS, FINRA has been able to more effectively monitor on an ongoing 
basis the potential impact that such off-balance sheet activities may 
have on carrying or clearing firms' net capital, leverage and 
liquidity, and their ability to fulfill their customer protection 
obligations.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 68270 (November 20, 
2012), 77 FR 70860 (November 27, 2012) (Notice of Filing File No. 
SR-FINRA-2012-050).
    \9\ FINRA Rule 6710(u) defines ``TBA'' to mean a transaction in 
an Agency Pass-Through Mortgage-Backed Security (``MBS'') or a Small 
Business Administration (``SBA'')-Backed Asset-Backed Security 
(``ABS'') where the parties agree that the seller will deliver to 
the buyer a pool or pools of a specified face amount and meeting 
certain other criteria but the specific pool or pools to be 
delivered at settlement is not specified at the Time of Execution, 
and includes TBA transactions for good delivery and TBA transactions 
not for good delivery. Agency Pass-Through MBS and SBA-Backed ABS 
are defined under FINRA Rule 6710(v) and FINRA Rule 6710(bb), 
respectively. The term ``Time of Execution'' is defined under FINRA 
Rule 6710(d).
---------------------------------------------------------------------------

    Since the OBS became effective, however, FINRA has observed 
considerable principal trading activities of some non-clearing firms. 
In particular, through its efforts to establish margin requirements for 
the TBA market \10\ and subsequent examinations of firms' margining 
practices related to all securities transactions with extended 
settlement dates, FINRA has become aware of non-clearing firms with 
both material TBA transactions as well as other types of securities 
transactions with extended settlement dates. In the case of TBA 
transactions, non-clearing firms may have entered into a Master 
Securities Forward Transaction Agreement (``MSFTA'') \11\ with their 
clients and are principal to the TBA transactions. In the case of other 
transactions with extended settlement dates cleared through a clearing 
firm, non-clearing firms are principal to the trades and financially 
responsible to the clearing firms for any losses that may result from 
clients' failures to complete the transactions on the date of 
settlement. Therefore, these transactions may present significant 
financial exposure for non-clearing firms. FINRA is concerned about 
firms appropriately monitoring their financial exposure and applying 
capital charges for these transactions as required for compliance with 
SEA Rule 15c3-1.\12\ Further, such transactions are not reported on 
non-clearing firms' balance sheets, making it difficult to monitor 
their compliance with capital requirements.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 76148 (October 14, 
2015), 80 FR 63603 (October 20, 2015) (Notice of Filing File No. SR-
FINRA-2015-036).
    \11\ The Securities Industry and Financial Markets Association 
(``SIFMA'') developed, and subsequently updated, in coordination 
with the Treasury Market Practices Group (``TMPG''), the MSFTA as a 
standard industry template for forward and other delayed delivery 
transactions involving mortgage-backed and asset-backed securities. 
See, e.g., SIFMA Guidance Notes to the Master Securities Forward 
Transaction Agreement (December 2012), available at: http://www.sifma.org/services/standard-forms-and-documentation/mra,-gmra,-msla-and-msftas/.
    \12\ 17 CFR 240.15c3-1.
---------------------------------------------------------------------------

    As a result of these concerns, and to ensure that all firms with 
significant derivative and off-balance sheet positions report these 
positions to FINRA on a consistent and regular basis, FINRA is 
proposing to expand the reporting requirements of the OBS to non-
clearing firms that have a minimum dollar net capital requirement equal 
to or greater than $100,000, and at least $10 million in reportable 
items pursuant to the OBS. The current de minimis exception would 
remain available to any firm that conducts limited off-balance sheet 
activity.\13\
---------------------------------------------------------------------------

    \13\ See supra note 5.
---------------------------------------------------------------------------

    If the Commission approves the proposed rule change, FINRA will 
announce the implementation date (i.e., the first quarterly reporting 
period for newly affected firms \14\) in a Regulatory Notice to be 
published no later than 60 days following Commission approval of the 
proposed rule change. The implementation date will be no later than 210 
days following Commission approval of the proposed rule change.
---------------------------------------------------------------------------

    \14\ Carrying or clearing firms that are currently subject to 
the OBS's reporting requirements would not be impacted by the 
proposed rule change and shall continue to file on a quarterly 
basis, as required, without interruption.
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\15\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. FINRA believes that the proposed rule change is 
consistent with the Act because expanding the reporting requirements of 
the OBS to the proposed non-clearing firms would permit FINRA to assess 
effectively on an ongoing basis the potential impact off-balance sheet 
activities may have on these firms' net capital, leverage and 
liquidity, and ability to fulfill obligations to other members and 
counterparties. FINRA also expects that impacted non-clearing firms, as 
well as their correspondent clearing firms, would benefit from 
increased awareness of their open trade exposures, which may reduce 
their potential for losses, encourage better counterparty risk 
management and promote firms' financial stability. The proposed rule 
change is also consistent with Section 712(b)(3)(B) of the Dodd-Frank 
Wall Street Reform and Consumer Protection Act in that it is necessary 
to enable FINRA to more effectively examine for compliance with, and 
enforce, its rules on capital adequacy.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78o-3(b)(6).
    \16\ Public Law 111-203, 124 Stat. 1376 (2010).

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

[[Page 846]]

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

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. FINRA has carefully crafted the 
proposed rule change to achieve its intended and necessary regulatory 
purpose while minimizing the burden on firms.

Economic Impact Assessment

    The purpose of the proposal is to ensure that all firms with 
significant derivative and off-balance sheet positions report these 
positions to FINRA on a consistent and regular basis. Specifically, the 
proposal extends the reporting requirement to non-clearing firms that 
have a minimum dollar net capital requirement equal to or greater than 
$100,000, and at least $10 million in reportable items pursuant to the 
OBS. The primary anticipated net benefit of the proposal is better 
insights into the size and nature of firms' open exposures in TBA and 
other extended settlement transactions or other off-balance sheet 
exposures. This information would enable FINRA to more efficiently 
monitor on an ongoing basis the financial condition of member firms, 
including firms' compliance with capital adequacy rules. FINRA also 
expects that impacted non-clearing firms, as well as their 
correspondent clearing firms, would benefit from increased awareness of 
their open trade exposures, which may reduce their potential for 
losses. Accordingly, FINRA's experience suggests that firms may apply 
better counterparty risk management practices as a result of extending 
the OBS to the additional firms.
    FINRA estimates that approximately 100 additional firms will be 
required to file the OBS under the proposal, though the actual number 
will fluctuate as off-balance sheet items and excess net capital vary 
depending on firms' reporting figures. However, the filing of the OBS 
is not expected to have significant compliance costs for the newly 
affected firms and will not impact member firms currently required to 
file the OBS.\17\ The information required for proposed newly affected 
firms to complete the OBS should be accessible to firms due to firms' 
obligations to maintain books and records and to take applicable 
capital charges in relation to off-balance sheet transactions. Further, 
FINRA understands that correspondent clearing firms typically provide 
non-clearing firms with information on all open trades or provide non-
clearing firms with ready access to such information, either of which 
could serve as a potential source for the required information for non-
clearing firms. Finally, as discussed above, for those firms that 
conduct limited off-balance sheet activity, the proposed amended OBS 
retains the de minimis exception for each reporting period.\18\
---------------------------------------------------------------------------

    \17\ For example, in discussions with non-clearing firms 
regarding the proposal, several firms estimated that it would take 
no more than a few hours per quarter and cost $5,000 to $10,000 per 
year to file the OBS.
    \18\ See supra note 5.
---------------------------------------------------------------------------

    The proposal will ensure that all firms with significant off-
balance sheet obligations are required to report them in a consistent 
manner. Further, the reporting requirement is expected to create 
positive externalities as firms that currently do not report this 
information will be able to better monitor and manage their 
counterparty exposures, better manage their participation in off-
balance sheet activities and maintain sufficient net capital to support 
such transactions. To the extent that member firms reduce their off-
balance sheet activities as a result of this rule, impacted customers 
may incur search costs as they replace their broker counterparties.
    A potential significant benefit of the proposal may arise from 
enhanced monitoring of systemic risk that is caused by the 
interconnectedness of firms through significant counterparty exposure 
and likelihood of correlated defaults in the financial industry. This 
enhanced monitoring of systemic risk should also benefit clearing firms 
as counterparty risk is partially mitigated for these firms as a result 
of better monitoring of financial exposures created by these 
transactions. There is academic evidence that banking systems may be 
less prone to crises if more comprehensive financial reporting regimes 
are in effect, even when the reporting is only to the regulator.\19\
---------------------------------------------------------------------------

    \19\ Solomon A. Tadesse, The Economic Value of Regulated 
Disclosure: Evidence from the Banking Sector, 25 J. Acct. & Pub. 
Pol'y 32-70 (2006).
---------------------------------------------------------------------------

    FINRA considered alternative thresholds, such as extending the OBS 
reporting requirements to non-clearing firms with less than $10 million 
in reportable items, when developing the proposed rule change. In 
connection with this proposal, FINRA identified 334 firms that 
currently do not file the OBS with open exposure in TBA and other 
extended settlement transactions totaling approximately $93.3 
billion.\20\ FINRA reviewed their aggregate exposures in TBA and other 
extended settlement transactions and found that the majority of these 
firms (227 firms) had open exposures of less than $10 million, totaling 
approximately $363 million, and that the level of firms' exposures 
dropped off significantly below the $10 million threshold. In this 
regard, of the non-clearing firms identified to have less than $10 
million in TBA and other extended settlement exposure, the vast 
majority of those (204 firms) had exposure of less than $5 million, 
totaling approximately $206 million. Accordingly, the firms with open 
TBA and other extended settlement transactions of less than $10 million 
collectively account for less than 1% of the total aggregate open TBA 
and other extended settlement transactions of the non-clearing firms 
identified. FINRA does not believe that the purpose of the proposed 
rule change is furthered by requiring firms with relatively immaterial 
levels of this type of exposure to file the OBS. Therefore, FINRA 
believes that extending the reporting requirements to non-clearing 
firms meeting the chosen criteria--that is, those with a minimum dollar 
net capital requirement equal to or greater than $100,000 (the required 
minimum dollar net capital for dealers under SEA Rule 15c3-1(a)(2)(iii) 
\21\) and at least $10 million in reportable items--will capture those 
non-clearing firms with the most significant amounts of off-balance 
sheet exposure and possible risk to other members and counterparties.
---------------------------------------------------------------------------

    \20\ To assess the potential size of TBA and other extended 
settlement transactions of non-clearing firms, FINRA conducted a 
survey of some of the largest correspondent clearing firms. The 
figures represented are only approximate and represent identified 
non-clearing firms' exposures as of a specific date. As exposures in 
TBA and other extended settlement trades vary from month to month, 
the actual number of firms falling into these categories will 
change, as will the number of firms required to file the OBS on any 
given month.
    \21\ See supra note 6.
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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 (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory

[[Page 847]]

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 [email protected]. Please include 
File Number SR-FINRA-2015-059 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-FINRA-2015-059. 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 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of FINRA. 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-FINRA-2015-059 and should be 
submitted on or before January 28, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-33312 Filed 1-6-16; 8:45 am]
 BILLING CODE 8011-01-P



                                               844                              Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices

                                               Electronic Comments                                       SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                                                                         COMMISSION                                              Statement of the Purpose of, and
                                                 • Use the Commission’s Internet                                                                                 Statutory Basis for, the Proposed Rule
                                               comment form (http://www.sec.gov/                         [Release No. 34–76813; File No. SR–FINRA–
                                                                                                                                                                 Change
                                               rules/sro.shtml); or                                      2015–059]
                                                                                                                                                                 1. Purpose
                                                 • Send an email to rule-comments@                       Self-Regulatory Organizations;
                                               sec.gov. Please include File Number SR–                   Financial Industry Regulatory                              FINRA Rule 4524 requires each firm,
                                               Phlx–2015–113 on the subject line.                        Authority, Inc.; Notice of Filing of a                  as FINRA shall designate, to file such
                                                                                                                                                                 additional financial or operational
                                                                                                         Proposed Rule Change To Amend the
                                               Paper Comments                                                                                                    schedules or reports as FINRA may
                                                                                                         Derivatives and Other Off-Balance
                                                                                                                                                                 deem necessary or appropriate for the
                                                 • Send paper comments in triplicate                     Sheet Items Schedule Pursuant to
                                                                                                                                                                 protection of investors or in the public
                                               to Secretary, Securities and Exchange                     FINRA Rule 4524 (Supplemental
                                                                                                                                                                 interest as a supplement to the FOCUS
                                               Commission, 100 F Street NE.,                             FOCUS Information)
                                                                                                                                                                 Report.3 In February 2013, the SEC
                                               Washington, DC 20549–1090.                                December 31, 2015.                                      approved FINRA’s adoption, pursuant
                                                                                                            Pursuant to Section 19(b)(1) of the                  to FINRA Rule 4524, of the OBS as a
                                               All submissions should refer to File
                                                                                                         Securities Exchange Act of 1934 (‘‘Act’’                supplement to the FOCUS report.4 The
                                               Number SR–Phlx–2015–113. This file
                                                                                                         or ‘‘SEA’’) 1 and Rule 19b–4                            OBS captures important information
                                               number should be included on the                                                                                  that is not otherwise reported on firms’
                                                                                                         thereunder,2 notice is hereby given that
                                               subject line if email is used. To help the                                                                        balance sheets and requires all firms
                                                                                                         on December 23, 2015, Financial
                                               Commission process and review your                                                                                that carry customer accounts or self-
                                                                                                         Industry Regulatory Authority, Inc.
                                               comments more efficiently, please use                                                                             clear or clear transactions for others
                                                                                                         (‘‘FINRA’’) filed with the Securities and
                                               only one method. The Commission will                      Exchange Commission (‘‘SEC’’ or                         (referred to, collectively, as ‘‘carrying or
                                               post all comments on the Commission’s                     ‘‘Commission’’) the proposed rule                       clearing firms’’) to file with FINRA the
                                               Internet Web site (http://www.sec.gov/                    change as described in Items I and II                   OBS within 22 business days of the end
                                               rules/sro.shtml). Copies of the                           below, which items have been                            of each calendar quarter, unless a
                                               submission, all subsequent                                substantially prepared by FINRA. The                    carrying or clearing firm meets the de
                                               amendments, all written statements                        Commission is publishing this notice to                 minimis exception set forth in the
                                               with respect to the proposed rule                         solicit comments on the proposed rule                   instructions to the OBS.5
                                               change that are filed with the                            change from interested persons.                            Pursuant to FINRA Rule 4524, the
                                               Commission, and all written                                                                                       proposed rule change would amend the
                                               communications relating to the                            I. Self-Regulatory Organization’s                       instructions to the OBS to expand its
                                                                                                         Statement of the Terms of Substance of                  application beyond carrying or clearing
                                               proposed rule change between the
                                                                                                         the Proposed Rule Change                                firms to include firms that neither carry
                                               Commission and any person, other than
                                               those that may be withheld from the                          FINRA is proposing to amend the                      customer accounts nor clear
                                                                                                         instructions to the Derivatives and                     transactions (referred to, collectively, as
                                               public in accordance with the
                                                                                                         Other Off-Balance Sheet Items Schedule                  ‘‘non-clearing firms’’) that have,
                                               provisions of 5 U.S.C. 552, will be                                                                               pursuant to SEA Rule 15c3–1,6 a
                                               available for Web site viewing and                        (‘‘OBS’’) pursuant to FINRA Rule 4524
                                               printing in the Commission’s Public                       (Supplemental FOCUS Information) to
                                                                                                                                                                    3 See Securities Exchange Act Release No. 66364
                                                                                                         expand the application of the OBS to
                                               Reference Room, 100 F Street NE.,                                                                                 (February 9, 2012), 77 FR 8938 (February 15, 2012)
                                                                                                         certain non-carrying/non-clearing firms                 (Order Approving File No. SR–FINRA–2011–064).
                                               Washington, DC 20549 on official
                                                                                                         that have significant amounts of off-                   FINRA Rule 4524 also provides that FINRA will
                                               business days between the hours of
                                                                                                         balance sheet obligations. The proposed                 specify the content of additional schedules or
                                               10:00 a.m. and 3:00 p.m. Copies of such                   rule change does not propose                            reports, their format, and the timing and the
                                               filing also will be available for                                                                                 frequency of such supplemental filings in a
                                                                                                         amendments to existing rule text.                       Regulatory Notice (or similar communication), the
                                               inspection and copying at the principal                      The text of the proposed rule change                 content of which FINRA will file with the
                                               offices of the Exchange. All comments                     is available on FINRA’s Web site at                     Commission pursuant to Section 19(b) of the Act.
                                               received will be posted without change;                   http://www.finra.org, at the principal                     4 See Securities Exchange Act Release No. 68832

                                               the Commission does not edit personal                                                                             (February 5, 2013), 78 FR 9754 (February 11, 2013)
                                                                                                         office of FINRA and at the                              (Order Approving File No. SR–FINRA–2012–050).
                                               identifying information from                              Commission’s Public Reference Room.                     Carrying or clearing firms were required to file with
                                               submissions. You should submit only                                                                               FINRA their initial OBS on or before July 31, 2013,
                                                                                                         II. Self-Regulatory Organization’s                      to disclose off-balance sheet information as of June
                                               information that you wish to make
                                                                                                         Statement of the Purpose of, and                        30, 2013. See Regulatory Notice 13–10 (March 2013)
                                               available publicly. All submissions                                                                               (Supplemental FOCUS Information).
                                                                                                         Statutory Basis for, the Proposed Rule
                                               should refer to File Number SR–Phlx–                      Change
                                                                                                                                                                    5 The de minimis exception relieves a carrying or

                                               2015–113, and should besubmitted on                                                                               clearing firm from filing the OBS for the reporting
                                               or before January 28, 2016.                                  In its filing with the Commission,                   period if the aggregate of all gross amounts of off-
                                                                                                         FINRA included statements concerning                    balance sheet items is less than 10 percent of the
                                                  For the Commission, by the Division of                                                                         firm’s excess net capital on the last day of the
                                                                                                         the purpose of and basis for the                        reporting period. For purposes of the OBS, as well
                                               Trading and Markets, pursuant to delegated                proposed rule change and discussed any                  as the proposed amendments to the OBS, the term
                                               authority.22                                              comments it received on the proposed                    ‘‘excess net capital’’ means net capital reduced by
                                               Jill M. Peterson,                                         rule change. The text of these statements               the greater of the minimum dollar net capital
                                                                                                                                                                 requirement or two percent of combined aggregate
                                               Assistant Secretary.                                      may be examined at the places specified
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                                                                                 debit items as shown in the Formula for Reserve
                                               [FR Doc. 2015–33309 Filed 1–6–16; 8:45 am]                in Item IV below. FINRA has prepared                    Requirements pursuant to SEA Rule 15c3–3. See
                                               BILLING CODE 8011–01–P                                    summaries, set forth in sections IIA, IIB,              Securities Exchange Act Release No. 68832
                                                                                                         and IIC below, of the most significant                  (February 5, 2013), 78 FR 9754, 9755 (February 11,
                                                                                                                                                                 2013) (Order Approving File No. SR–FINRA–2012–
                                                                                                         aspects of such statements.                             050).
                                                                                                                                                                    6 See 17 CFR 240.15c3–1 (Net Capital
                                                                                                           1 15   U.S.C. 78s(b)(1).                              Requirements for Brokers or Dealers). SEA Rule
                                                 22 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 15c3–1(a)(2)(iii) requires a ‘‘dealer’’ (as defined in



                                          VerDate Sep<11>2014     14:27 Jan 06, 2016   Jkt 238001   PO 00000   Frm 00111    Fmt 4703   Sfmt 4703   E:\FR\FM\07JAN1.SGM   07JAN1


                                                                             Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices                                                        845

                                               minimum dollar net capital requirement                  centrally cleared derivative transactions              reporting requirements of the OBS to
                                               equal to or greater than $100,000, and at               on the OBS, FINRA has been able to                     non-clearing firms that have a minimum
                                               least $10 million in reportable items                   more effectively monitor on an ongoing                 dollar net capital requirement equal to
                                               pursuant to the OBS. As discussed in                    basis the potential impact that such off-              or greater than $100,000, and at least
                                               more detail below, FINRA believes this                  balance sheet activities may have on                   $10 million in reportable items pursuant
                                               proposed expansion is necessary to                      carrying or clearing firms’ net capital,               to the OBS. The current de minimis
                                               effectively examine for compliance                      leverage and liquidity, and their ability              exception would remain available to
                                               with, and enforce, its rules on capital                 to fulfill their customer protection                   any firm that conducts limited off-
                                               adequacy. The proposed rule change                      obligations.                                           balance sheet activity.13
                                               does not otherwise change the OBS or                       Since the OBS became effective,
                                               its instructions, including the de                      however, FINRA has observed                              If the Commission approves the
                                               minimis exception. Accordingly,                         considerable principal trading activities              proposed rule change, FINRA will
                                               consistent with the current OBS, any                    of some non-clearing firms. In                         announce the implementation date (i.e.,
                                               firm (i.e., either a carrying or clearing               particular, through its efforts to                     the first quarterly reporting period for
                                               firm or a non-clearing firm) that meets                 establish margin requirements for the                  newly affected firms 14) in a Regulatory
                                               the de minimis exception need not file                  TBA market 10 and subsequent                           Notice to be published no later than 60
                                               the OBS for the reporting period.7                      examinations of firms’ margining                       days following Commission approval of
                                               Further, under the proposed rule                        practices related to all securities                    the proposed rule change. The
                                               change, as under the current OBS, any                   transactions with extended settlement                  implementation date will be no later
                                               firm that is required to file the OBS                   dates, FINRA has become aware of non-                  than 210 days following Commission
                                               must do so as of the last day of a                      clearing firms with both material TBA                  approval of the proposed rule change.
                                               reporting period within 22 business                     transactions as well as other types of
                                               days of the end of each calendar quarter.               securities transactions with extended                  2. Statutory Basis
                                                  When FINRA proposed the OBS,                         settlement dates. In the case of TBA
                                                                                                                                                                 FINRA believes that the proposed rule
                                               FINRA noted the need, in the aftermath                  transactions, non-clearing firms may
                                                                                                                                                              change is consistent with the provisions
                                               of the financial crisis, to obtain more                 have entered into a Master Securities
                                                                                                                                                              of Section 15A(b)(6) of the Act,15 which
                                               comprehensive and consistent                            Forward Transaction Agreement
                                               information regarding carrying or                       (‘‘MSFTA’’) 11 with their clients and are              requires, among other things, that
                                               clearing firms’ off-balance sheet assets,               principal to the TBA transactions. In the              FINRA rules must be designed to
                                               liabilities and other commitments.8 By                  case of other transactions with extended               prevent fraudulent and manipulative
                                               requiring carrying or clearing firms to                 settlement dates cleared through a                     acts and practices, to promote just and
                                               report their gross exposures in financing               clearing firm, non-clearing firms are                  equitable principles of trade, and, in
                                               transactions (e.g., reverse repos, repos                principal to the trades and financially                general, to protect investors and the
                                               and other transactions that are                         responsible to the clearing firms for any              public interest. FINRA believes that the
                                               otherwise netted under generally                        losses that may result from clients’                   proposed rule change is consistent with
                                               accepted accounting principles, reverse                 failures to complete the transactions on               the Act because expanding the reporting
                                               repos and repos to maturity and                         the date of settlement. Therefore, these               requirements of the OBS to the
                                               collateral swap transactions), interests                transactions may present significant                   proposed non-clearing firms would
                                               in and exposure to variable interest                    financial exposure for non-clearing                    permit FINRA to assess effectively on an
                                               entities, non-regular way settlement                    firms. FINRA is concerned about firms                  ongoing basis the potential impact off-
                                               transactions (including to-be-announced                 appropriately monitoring their financial               balance sheet activities may have on
                                               or TBA 9 securities and delayed                         exposure and applying capital charges                  these firms’ net capital, leverage and
                                               delivery/settlement transactions),                      for these transactions as required for                 liquidity, and ability to fulfill
                                               underwriting and other financing                        compliance with SEA Rule 15c3–1.12                     obligations to other members and
                                               commitments, and gross notional                         Further, such transactions are not                     counterparties. FINRA also expects that
                                               amounts in centrally cleared and non-                   reported on non-clearing firms’ balance                impacted non-clearing firms, as well as
                                                                                                       sheets, making it difficult to monitor                 their correspondent clearing firms,
                                               SEA Rule 15c3–1(a)(2)(iii)) to maintain net capital     their compliance with capital                          would benefit from increased awareness
                                               of not less than $100,000.                              requirements.
                                                  7 However, a firm that claims the de minimis                                                                of their open trade exposures, which
                                                                                                          As a result of these concerns, and to
                                               exception must affirmatively indicate through the                                                              may reduce their potential for losses,
                                               eFOCUS system that no filing is required for the        ensure that all firms with significant
                                                                                                       derivative and off-balance sheet                       encourage better counterparty risk
                                               reporting period. See Regulatory Notice 13–10
                                               (March 2013) (Supplemental FOCUS Information).          positions report these positions to                    management and promote firms’
                                                  8 See Securities Exchange Act Release No. 68270
                                                                                                       FINRA on a consistent and regular basis,               financial stability. The proposed rule
                                               (November 20, 2012), 77 FR 70860 (November 27,                                                                 change is also consistent with Section
                                               2012) (Notice of Filing File No. SR–FINRA–2012–         FINRA is proposing to expand the
                                               050).
                                                                                                                                                              712(b)(3)(B) of the Dodd-Frank Wall
                                                  9 FINRA Rule 6710(u) defines ‘‘TBA’’ to mean a         10 See Securities Exchange Act Release No. 76148     Street Reform and Consumer Protection
                                               transaction in an Agency Pass-Through Mortgage-         (October 14, 2015), 80 FR 63603 (October 20, 2015)     Act in that it is necessary to enable
                                               Backed Security (‘‘MBS’’) or a Small Business           (Notice of Filing File No. SR–FINRA–2015–036).         FINRA to more effectively examine for
                                               Administration (‘‘SBA’’)-Backed Asset-Backed              11 The Securities Industry and Financial Markets

                                               Security (‘‘ABS’’) where the parties agree that the     Association (‘‘SIFMA’’) developed, and                 compliance with, and enforce, its rules
                                               seller will deliver to the buyer a pool or pools of     subsequently updated, in coordination with the         on capital adequacy.16
                                               a specified face amount and meeting certain other       Treasury Market Practices Group (‘‘TMPG’’), the
rmajette on DSK2TPTVN1PROD with NOTICES




                                               criteria but the specific pool or pools to be           MSFTA as a standard industry template for forward        13 See
                                                                                                       and other delayed delivery transactions involving               supra note 5.
                                               delivered at settlement is not specified at the Time                                                             14 Carrying
                                               of Execution, and includes TBA transactions for         mortgage-backed and asset-backed securities. See,                     or clearing firms that are currently
                                               good delivery and TBA transactions not for good         e.g., SIFMA Guidance Notes to the Master Securities    subject to the OBS’s reporting requirements would
                                               delivery. Agency Pass-Through MBS and SBA-              Forward Transaction Agreement (December 2012),         not be impacted by the proposed rule change and
                                               Backed ABS are defined under FINRA Rule 6710(v)         available at: http://www.sifma.org/services/           shall continue to file on a quarterly basis, as
                                               and FINRA Rule 6710(bb), respectively. The term         standard-forms-and-documentation/mra,-gmra,-           required, without interruption.
                                                                                                       msla-and-msftas/.                                        15 15 U.S.C. 78o–3(b)(6).
                                               ‘‘Time of Execution’’ is defined under FINRA Rule
                                               6710(d).                                                  12 17 CFR 240.15c3–1.                                  16 Public Law 111–203, 124 Stat. 1376 (2010).




                                          VerDate Sep<11>2014   14:27 Jan 06, 2016   Jkt 238001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\07JAN1.SGM   07JAN1


                                               846                           Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices

                                               B. Self-Regulatory Organization’s                       charges in relation to off-balance sheet               FINRA reviewed their aggregate
                                               Statement on Burden on Competition                      transactions. Further, FINRA                           exposures in TBA and other extended
                                                 FINRA does not believe that the                       understands that correspondent clearing                settlement transactions and found that
                                               proposed rule change will result in any                 firms typically provide non-clearing                   the majority of these firms (227 firms)
                                               burden on competition that is not                       firms with information on all open                     had open exposures of less than $10
                                               necessary or appropriate in furtherance                 trades or provide non-clearing firms                   million, totaling approximately $363
                                               of the purposes of the Act. FINRA has                   with ready access to such information,                 million, and that the level of firms’
                                               carefully crafted the proposed rule                     either of which could serve as a                       exposures dropped off significantly
                                               change to achieve its intended and                      potential source for the required                      below the $10 million threshold. In this
                                               necessary regulatory purpose while                      information for non-clearing firms.                    regard, of the non-clearing firms
                                               minimizing the burden on firms.                         Finally, as discussed above, for those                 identified to have less than $10 million
                                                                                                       firms that conduct limited off-balance                 in TBA and other extended settlement
                                               Economic Impact Assessment                              sheet activity, the proposed amended                   exposure, the vast majority of those (204
                                                  The purpose of the proposal is to                    OBS retains the de minimis exception                   firms) had exposure of less than $5
                                               ensure that all firms with significant                  for each reporting period.18                           million, totaling approximately $206
                                               derivative and off-balance sheet                           The proposal will ensure that all firms             million. Accordingly, the firms with
                                               positions report these positions to                     with significant off-balance sheet                     open TBA and other extended
                                               FINRA on a consistent and regular basis.                obligations are required to report them                settlement transactions of less than $10
                                               Specifically, the proposal extends the                  in a consistent manner. Further, the                   million collectively account for less
                                               reporting requirement to non-clearing                   reporting requirement is expected to                   than 1% of the total aggregate open TBA
                                               firms that have a minimum dollar net                    create positive externalities as firms that            and other extended settlement
                                               capital requirement equal to or greater                 currently do not report this information               transactions of the non-clearing firms
                                               than $100,000, and at least $10 million                 will be able to better monitor and                     identified. FINRA does not believe that
                                               in reportable items pursuant to the OBS.                manage their counterparty exposures,                   the purpose of the proposed rule change
                                               The primary anticipated net benefit of                  better manage their participation in off-              is furthered by requiring firms with
                                               the proposal is better insights into the                balance sheet activities and maintain                  relatively immaterial levels of this type
                                                                                                       sufficient net capital to support such                 of exposure to file the OBS. Therefore,
                                               size and nature of firms’ open exposures
                                                                                                       transactions. To the extent that member                FINRA believes that extending the
                                               in TBA and other extended settlement
                                                                                                       firms reduce their off-balance sheet                   reporting requirements to non-clearing
                                               transactions or other off-balance sheet
                                                                                                       activities as a result of this rule,                   firms meeting the chosen criteria—that
                                               exposures. This information would
                                                                                                       impacted customers may incur search                    is, those with a minimum dollar net
                                               enable FINRA to more efficiently
                                                                                                       costs as they replace their broker                     capital requirement equal to or greater
                                               monitor on an ongoing basis the
                                                                                                       counterparties.                                        than $100,000 (the required minimum
                                               financial condition of member firms,                       A potential significant benefit of the
                                               including firms’ compliance with                                                                               dollar net capital for dealers under SEA
                                                                                                       proposal may arise from enhanced
                                               capital adequacy rules. FINRA also                                                                             Rule 15c3–1(a)(2)(iii) 21) and at least $10
                                                                                                       monitoring of systemic risk that is
                                               expects that impacted non-clearing                                                                             million in reportable items—will
                                                                                                       caused by the interconnectedness of
                                               firms, as well as their correspondent                                                                          capture those non-clearing firms with
                                                                                                       firms through significant counterparty
                                               clearing firms, would benefit from                                                                             the most significant amounts of off-
                                                                                                       exposure and likelihood of correlated
                                               increased awareness of their open trade                                                                        balance sheet exposure and possible risk
                                                                                                       defaults in the financial industry. This
                                               exposures, which may reduce their                                                                              to other members and counterparties.
                                                                                                       enhanced monitoring of systemic risk
                                               potential for losses. Accordingly,                      should also benefit clearing firms as                  C. Self-Regulatory Organization’s
                                               FINRA’s experience suggests that firms                  counterparty risk is partially mitigated               Statement on Comments on the
                                               may apply better counterparty risk                      for these firms as a result of better                  Proposed Rule Change Received From
                                               management practices as a result of                     monitoring of financial exposures                      Members, Participants, or Others
                                               extending the OBS to the additional                     created by these transactions. There is
                                               firms.                                                  academic evidence that banking systems                   Written comments were neither
                                                  FINRA estimates that approximately                   may be less prone to crises if more                    solicited nor received.
                                               100 additional firms will be required to                comprehensive financial reporting
                                               file the OBS under the proposal, though                                                                        III. Date of Effectiveness of the
                                                                                                       regimes are in effect, even when the
                                               the actual number will fluctuate as off-                                                                       Proposed Rule Change and Timing for
                                                                                                       reporting is only to the regulator.19
                                               balance sheet items and excess net                         FINRA considered alternative                        Commission Action
                                               capital vary depending on firms’                        thresholds, such as extending the OBS
                                               reporting figures. However, the filing of                                                                         Within 45 days of the date of
                                                                                                       reporting requirements to non-clearing                 publication of this notice in the Federal
                                               the OBS is not expected to have                         firms with less than $10 million in
                                               significant compliance costs for the                                                                           Register or within such longer period (i)
                                                                                                       reportable items, when developing the                  as the Commission may designate up to
                                               newly affected firms and will not                       proposed rule change. In connection
                                               impact member firms currently required                                                                         90 days of such date if it finds such
                                                                                                       with this proposal, FINRA identified                   longer period to be appropriate and
                                               to file the OBS.17 The information                      334 firms that currently do not file the               publishes its reasons for so finding or
                                               required for proposed newly affected                    OBS with open exposure in TBA and                      (ii) as to which the self-regulatory
                                               firms to complete the OBS should be                     other extended settlement transactions
                                               accessible to firms due to firms’                       totaling approximately $93.3 billion.20
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                                                                              largest correspondent clearing firms. The figures
                                               obligations to maintain books and                                                                              represented are only approximate and represent
                                               records and to take applicable capital                    18 See  supra note 5.                                identified non-clearing firms’ exposures as of a
                                                                                                         19 Solomon   A. Tadesse, The Economic Value of       specific date. As exposures in TBA and other
                                                  17 For example, in discussions with non-clearing     Regulated Disclosure: Evidence from the Banking        extended settlement trades vary from month to
                                               firms regarding the proposal, several firms             Sector, 25 J. Acct. & Pub. Pol’y 32–70 (2006).         month, the actual number of firms falling into these
                                               estimated that it would take no more than a few            20 To assess the potential size of TBA and other    categories will change, as will the number of firms
                                               hours per quarter and cost $5,000 to $10,000 per        extended settlement transactions of non-clearing       required to file the OBS on any given month.
                                               year to file the OBS.                                   firms, FINRA conducted a survey of some of the           21 See supra note 6.




                                          VerDate Sep<11>2014   14:27 Jan 06, 2016   Jkt 238001   PO 00000   Frm 00113   Fmt 4703   Sfmt 4703   E:\FR\FM\07JAN1.SGM   07JAN1


                                                                             Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices                                                        847

                                               organization consents, the Commission                      For the Commission, by the Division of               on the Department of State’s email list,
                                               will:                                                   Trading and Markets, pursuant to delegated              ITAC@lmlist.state.gov. Use of the ITAC
                                                 (A) By order approve or disapprove                    authority.22                                            list is limited to meeting
                                               such proposed rule change, or                           Jill M. Peterson,                                       announcements and confirmations,
                                                 (B) institute proceedings to determine                Assistant Secretary.                                    distribution of agendas and other
                                               whether the proposed rule change                        [FR Doc. 2015–33312 Filed 1–6–16; 8:45 am]              relevant meeting documents. The
                                               should be disapproved.                                  BILLING CODE 8011–01–P                                  Department welcomes any U.S. citizen
                                               IV. Solicitation of Comments                                                                                    or legal permanent resident to remain
                                                                                                                                                               on or join the ITAC listserv by providing
                                                 Interested persons are invited to                                                                             his or her name, email address, and the
                                               submit written data, views and                          DEPARTMENT OF STATE
                                                                                                                                                               company, organization, or community
                                               arguments concerning the foregoing,                     [Public Notice: 9399]                                   that he or she is representing, if any.
                                               including whether the proposed rule                                                                                Persons wishing to request reasonable
                                               change is consistent with the Act.                      Notice of Meeting of the International                  accommodation for the meeting should
                                               Comments may be submitted by any of                     Telecommunication Advisory                              contact jacksonln@state.gov or
                                               the following methods:                                  Committee and Preparations for                          gadsdensf@state.gov not later than
                                                                                                       Upcoming International                                  January 13, 2016. Requests made after
                                               Electronic Comments
                                                                                                       Communications and Information                          that time will be considered, but might
                                                 • Use the Commission’s Internet                       Policy Meetings                                         not be able to be fulfilled.
                                               comment form (http://www.sec.gov/
                                                                                                          This notice announces a meeting of                   FOR FURTHER INFORMATION: Please
                                               rules/sro.shtml); or
                                                 • Send an email to rule-comments@                     the Department of State’s International                 contact Franz Zichy at 202–647–5778,
                                               sec.gov. Please include File Number SR–                 Telecommunication Advisory                              zichyfj@state.gov.
                                               FINRA–2015–059 on the subject line.                     Committee (ITAC) to review the                            Dated: December 29, 2015.
                                                                                                       activities of the Department of State in                Julie N. Zoller,
                                               Paper Comments                                          recent international meetings on                        Senior Deputy Coordinator, International
                                                 • Send paper comments in triplicate                   international communications and                        Communications and Information Policy,
                                               to Brent J. Fields, Secretary, Securities               information policy and preview                          U.S. State Department.
                                               and Exchange Commission, 100 F Street                   upcoming similar activities. The ITAC                   [FR Doc. 2015–33299 Filed 1–6–16; 8:45 am]
                                               NE., Washington, DC 20549–1090.                         will meet on January 21, 2016 at 2:00                   BILLING CODE 4710–07–P
                                                 All submissions should refer to File                  p.m. EST at: 1300 I Street NW,
                                               Number SR–FINRA–2015–059. This file                     Washington, DC 20005. The ITAC will
                                               number should be included on the                        review the results of the International                 DEPARTMENT OF STATE
                                               subject line if email is used. To help the              Telecommunication Union (ITU) 2015
                                               Commission process and review your                                                                              [Public Notice: 9400]
                                                                                                       Radio Assembly and the 2015 World
                                               comments more efficiently, please use                   Radiocommunication Conference and                       30-Day Notice of Proposed Information
                                               only one method. The Commission will                    World Summit on the Information                         Collection: Electronic Application for
                                               post all comments on the Commission’s                   Society (WSIS) +10 review.                              Immigration Visa and Alien
                                               Internet Web site (http://www.sec.gov/                     The ITAC will also discuss the ITU                   Registration
                                               rules/sro.shtml). Copies of the                         World Telecommunication
                                               submission, all subsequent                              Standardization Assembly 2016 (WTSA                     ACTION:Notice of request for public
                                               amendments, all written statements                      16) taking place in the fourth quarter of               comment and submission to OMB of
                                               with respect to the proposed rule                       2016, including positions on study                      proposed collection of information.
                                               change that are filed with the                          program restructuring and leadership.
                                               Commission, and all written                             The WTSA, the quadrennial assembly of                   SUMMARY:    The Department of State has
                                               communications relating to the                          the ITU Telecommunication                               submitted the information collection
                                               proposed rule change between the                        Standardization Sector (ITU–T), will                    described below to the Office of
                                               Commission and any person, other than                   consider the reports of the ITU–T Study                 Management and Budget (OMB) for
                                               those that may be withheld from the                     Groups, approve the sector’s program of                 approval. In accordance with the
                                               public in accordance with the                              work, decide the Study Group                         Paperwork Reduction Act of 1995 we
                                               provisions of 5 U.S.C. 552, will be                     structure, and appoint chairmen and                     are requesting comments on this
                                               available for Web site viewing and                      vice-chairmen. At the ITAC meeting, we                  collection from all interested
                                               printing in the Commission’s Public                     invite comment from the public on U.S.                  individuals and organizations. The
                                               Reference Room, 100 F Street NE.,                       priorities for WTSA 16.                                 purpose of this Notice is to allow 30
                                               Washington, DC 20549, on official                          The meeting will also highlight                      days for public comment.
                                               business days between the hours of 10                   preparations for the ITU Council                        DATES: Submit comments directly to the
                                               a.m. and 3 p.m. Copies of such filing                   meeting taking place from 25 May to 2                   Office of Management and Budget
                                               also will be available for inspection and               June 2016 and related ITU Council                       (OMB) up to February 8, 2016.
                                               copying at the principal office of                      Working Groups. The Council acts as                     ADDRESSES: Direct comments to the
                                               FINRA. All comments received will be                    the governing body between                              Department of State Desk Officer in the
                                               posted without change; the Commission                   plenipotentiary conferences.                            Office of Information and Regulatory
                                               does not edit personal identifying                         Attendance at this meeting is open to                Affairs at the Office of Management and
rmajette on DSK2TPTVN1PROD with NOTICES




                                               information from submissions. You                       the public as seating capacity allows.                  Budget (OMB). You may submit
                                               should submit only information that                     The public will have an opportunity to                  comments by the following methods:
                                               you wish to make available publicly. All                provide comments at this meeting at the                    • Email: oira_submission@
                                               submissions should refer to File                        invitation of the chair. Further details                omb.eop.gov. You must include the DS
                                               Number SR–FINRA–2015–059 and                            on this ITAC meeting will be announced                  form number, information collection
                                               should be submitted on or before                                                                                title, and the OMB control number in
                                               January 28, 2016.                                         22 17   CFR 200.30–3(a)(12).                          the subject line of your message.


                                          VerDate Sep<11>2014   14:27 Jan 06, 2016   Jkt 238001   PO 00000   Frm 00114    Fmt 4703   Sfmt 4703   E:\FR\FM\07JAN1.SGM   07JAN1



Document Created: 2016-01-07 00:12:59
Document Modified: 2016-01-07 00:12:59
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 Citation81 FR 844 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR