82_FR_15315 82 FR 15258 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1, To Shorten the Settlement Cycle From T+3 to T+2

82 FR 15258 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1, To Shorten the Settlement Cycle From T+3 to T+2

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 57 (March 27, 2017)

Page Range15258-15263
FR Document2017-05919

Federal Register, Volume 82 Issue 57 (Monday, March 27, 2017)
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15258-15263]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05919]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80282; File No. SR-BX-2017-013]


Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing 
of Proposed Rule Change, as Modified by Amendment No. 1, To Shorten the 
Settlement Cycle From T+3 to T+2

March 21, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on March 9, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I, II, and III, below, which 
Items have been prepared by the Exchange. On March 13, 2017, the 
Exchange filed Amendment No. 1.\3\ The Commission is publishing this 
notice to solicit comments on the proposed rule change, as modified by 
Amendment No. 1, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange proposes to capitalize the 
letter ``d'' in the word ``department'' in the proposed revisions to 
Rule 11140(b)(1), as set forth in Exhibit 5 to the filing, to 
conform to the Exchange's current rule text.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend BX Rules 11140 (Transactions in 
Securities ``Ex-Dividend,'' ``Ex-Rights'' or ``Ex-Warrants''), 11150 
(Transactions ``Ex-Interest'' in Bonds Which Are Dealt in ``Flat''), 
11210 (Sent by Each Party), 11320 (Dates of Delivery), 11620 
(Computation of Interest), and IM-11810 (Sample Buy-In Forms), to 
conform to the Commission's proposed amendment to SEA Rule 15c6-1(a) to 
shorten the standard settlement cycle for most broker-dealer 
transactions from three business days after the trade date (``T+3'') to 
two business days after the trade date (``T+2'') and the industry-led 
initiative to shorten the settlement cycle from T+3 to T+2.\4\
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    \4\ See Securities Exchange Act Release No. 78962 (September 28, 
2016), 81 FR 69240 (October 5, 2016) (Amendment to Securities 
Transaction Settlement Cycle) (File No. S7-22-16) (``SEC Proposing 
Release'').
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqbx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

[[Page 15259]]

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

    In its filing with the Commission, the Exchange 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. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
SEC Proposing Release
    On September 28, 2016, the Commission proposed amending SEA Rule 
15c6-1(a) to shorten the standard settlement cycle for most broker-
dealer transactions from T+3 to T+2 on the basis that the shorter 
settlement cycle would reduce the risks that arise from the value and 
number of unsettled securities transactions prior to the completion of 
settlement, including credit, market, and liquidity risk directly faced 
by U.S. market participants.\5\ The proposed rule amendment was 
published for comment in the Federal Register on October 5, 2016.\6\
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    \5\ See Securities and Exchange Commission Press Release 2016-
200: ``SEC Proposes Rule Amendment to Expedite Process for Settling 
Securities Transactions'' (September 28, 2016).
    \6\ See supra note 4.
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Background
    In 1995, the standard U.S. trade settlement cycle for equities, 
municipal and corporate bonds, and unit investment trusts, and 
financial instruments composed of these products was shortened from 
five business days after the trade date (``T+5'') to T+3.\7\ 
Accordingly, BX and other self-regulatory organizations (``SROs'') 
amended their respective rules to conform to the T+3 settlement 
cycle.\8\ Since that time, the SEC and the financial services industry 
have continued to explore the idea of shortening the settlement cycle 
even further.\9\
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    \7\ In 1993, the Commission adopted SEA Rule 15c6-1 which became 
effective in 1995. See Securities Exchange Act Release Nos. 33023 
(October 6, 1993), 58 FR 52891 (October 13, 1993) and 34952 
(November 9, 1994), 59 FR 59137 (November 16, 1994). SEA Rule 15c6-
1(a) provides, in relevant part, that ``a broker or dealer shall not 
effect or enter into a contract for the purchase or sale of a 
security (other than an exempted security, government security, 
municipal security, commercial paper, bankers' acceptances, or 
commercial bills) that provides for payment of funds and delivery of 
securities later than the third business day after the date of the 
contract unless otherwise expressly agreed to by the parties at the 
time of the transaction.'' 17 CFR 240.15c6-1(a). Although not 
covered by SEA Rule 15c6-1, in 1995, the Commission approved the 
Municipal Securities Rulemaking Board's rule change requiring 
transactions in municipal securities to settle by T+3. See 
Securities Exchange Act Release No. 35427 (February 28, 1995), 60 FR 
12798 (March 8, 1995) (Order Approving File No. SR-MSRB-94-10).
    \8\ See, e.g., Securities Exchange Act Release No. 35507 (March 
17, 1995), 60 FR15616 (March 24, 1995) (Order Approving File No. SR-
NASD-94-56); Securities Exchange Act Release No. 35506 (March 17, 
1995), 60 FR 15618 (March 24, 1995) (Order Approving File No. SR-
NYSE-94-40); and Securities Exchange Act Release No. 35553 (March 
31, 1995), 60 FR 18161 (April 10, 1995) (Order Approving File No. 
SR-Amex-94-57).
    \9\ See, e.g., Securities Industry Association (``SIA''), ``SIA 
T+1 Business Case Final Report'' (July 2000); Concept Release: 
Securities Transactions Settlement, Securities Exchange Act Release 
No. 49405 (March 11, 2004), 69 FR 12922 (March 18, 2004); and 
Depository Trust & Clearing Corporation, ``Proposal to Launch a New 
Cost-Benefit Analysis on Shortening the Settlement Cycle'' (December 
2011).
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    In April 2014, the Depository Trust & Clearing Corporation 
(``DTCC'') published its formal recommendation to shorten the standard 
U.S. trade settlement cycle to T+2 and announced that it would partner 
with market participants and industry organizations to devise the 
necessary approach and timelines to achieve T+2.\10\
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    \10\ See DTCC, ``DTCC Recommends Shortening the U.S. Trade 
Settlement Cycle'' (April 2014).
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    In an effort to improve the overall efficiency of the U.S. 
settlement system by reducing the attendant risks in T+3 settlement of 
securities transactions, and to align U.S. markets with other major 
global markets that have already moved to T+2, DTCC, in collaboration 
with the financial services industry, formed an Industry Steering 
Committee (``ISC'') and an industry working group and sub-working 
groups to facilitate the move to T+2.\11\ In June 2015, the ISC 
published a White Paper outlining the activities and proposed time 
frames that would be required to move to T+2 in the U.S.\12\ 
Concurrently, the Securities Industry and Financial Markets Association 
(``SIFMA'') and the Investment Company Institute (``ICI'') jointly 
submitted a letter to SEC Chair White, expressing support of the 
financial services industry's efforts to shorten the settlement cycle 
and identifying SEA Rule 15c6-1(a) and several SRO rules that they 
believed would require amendments for an effective transition to 
T+2.\13\ In March 2016, the ISC announced the industry target date of 
September 5, 2017 for the transition to a T+2 settlement cycle to 
occur.\14\
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    \11\ The ISC includes, among other participants, DTCC, the 
Securities Industry and Financial Markets Association and the 
Investment Company Institute.
    \12\ See ``Shortening the Settlement Cycle: The Move to T+2'' 
(June 18, 2015).
    \13\ See Letter from ICI and SIFMA to Mary Jo White, Chair, SEC, 
dated June 18, 2015. See also Letter from Mary Jo White, Chair to 
Kenneth E. Bentsen, Jr., President and CEO, SIFMA, and Paul Schott 
Stevens, President and CEO, ICI, dated September 16, 2015 
(expressing her strong support for industry efforts to shorten the 
trade settlement cycle to T+2 and commitment to developing a 
proposal to amend SEA Rule 15c6-1(a) to require standard settlement 
no later than T+2).
    \14\ See ISC Media Alert: ``US T+2 ISC Recommends Move to 
Shorter Settlement Cycle On September 5, 2017'' (March 7, 2016).
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Proposed Rule Change
    In light of the SEC Proposing Release that would amend SEA Rule 
15c6-1(a) to require standard settlement no later than T+2 and similar 
proposals from other SROs,\15\ BX is proposing changes to its rules 
pertaining to securities settlement by, among other things, amending 
the definition of ``standard'' settlement as occurring on T+2. SEA Rule 
15c6-1(a) currently establishes ``standard'' settlement as occurring no 
later than T+3 for all securities, other than an exempt security, 
government security, municipal security, commercial paper, bankers' 
acceptances, or commercial bills.\16\ BX is proposing changes to rules 
pertaining to securities settlement to support the industry-led 
initiative to shorten the standard settlement cycle to two business 
days. Most of the rules that BX has identified for these changes are 
successors to provisions under the legacy NASD Rules of Fair Practice 
and NASD Uniform Practice Code (``UPC'') that were amended when the 
Commission adopted SEA Rule 15c6-1(a), which established T+3 as the 
standard settlement cycle.\17\ As such, BX is proposing to amend BX 
Rules 11140 (Transactions in Securities ``Ex-

[[Page 15260]]

Dividend,'' ``Ex-Rights'' or ``Ex-Warrants''), 11150 (Transactions 
``Ex- Interest'' in Bonds Which Are Dealt in ``Flat''), 11320 (Dates of 
Delivery), and 11620 (Computation of Interest). In addition, BX is 
proposing to amend BX Rules 11210 (Sent by Each Party) and IM-11810 
(Sample Buy-In Forms) to conform provisions, where appropriate, to the 
T+2 settlement cycle.\18\
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    \15\ See, e.g., Securities Exchange Act Release No. 77744 (April 
29, 2016), 81 FR 26851 (May 4, 2016) (Order Approving File No. SR-
MSRB-2016-04).
    \16\ See supra note 7.
    \17\ The legacy NASD rules that were changed to conform to the 
move from T+5 to T+3 included Section 26 (Investment Companies) of 
the Rules of Fair Practice, and Section 5 (Transactions in 
Securities ``Ex-Dividend,'' ``Ex-Rights'' or ``Ex- Warrants''), 
Section 6 (Transactions ``Ex-Interest'' in Bonds Which Are Dealt in 
``Flat''), Section 12 (Dates of Delivery), Section 46 (Computation 
of Interest) and Section 64 (Acceptance and Settlement of COD 
Orders) of the UPC. See Securities Exchange Act Release No. 35507 
(March 17, 1995), 60 FR 15616 (March 24, 1995) (Order Approving File 
No. SR-NASD-94-56). See also Notice to Members 95-36 (May 1995) 
(enumerating the various sections under the NASD Rules of Fair 
Practice and UPC that were amended to implement T+3 settlement for 
securities transactions).
    \18\ BX Rules 11210 and IM-11810 are successors to legacy NASD 
UPC Section 9 (Sent by Each Party) and 59 (``Buying-in''), 
respectively, which remained unchanged during the transition from 
T+5 to T+3. See supra note 17.
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    The details of the proposed rule change are described below.
(1) BX Rule 11140 (Transactions in Securities ``Ex-Dividend,'' ``Ex- 
Rights'' or ``Ex-Warrants'')
    Rule 11140(b)(1) provides that for dividends or distributions, and 
the issuance or distribution of warrants, that are less than 25 percent 
of the value of the subject security, if definitive information is 
received sufficiently in advance of the record date, the date 
designated as the ``ex-dividend date'' shall be the second business day 
preceding the record date if the record date falls on a business day, 
or the third business day preceding the record date if the record date 
falls on a day designated by Exchange's Regulation Department \19\ as a 
non-delivery date. BX is proposing to shorten the time frames in Rule 
11140(b)(1) by one business day.
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    \19\ See supra note 3.
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(2) BX Rule 11150 (``Ex-Interest'' in Bonds Which Are Dealt in 
``Flat'')
    Rule 11150(a) prescribes the manner for establishing ``ex-interest 
dates'' for transactions in bonds or other similar evidences of 
indebtedness which are traded ``flat.'' Such transactions are ``ex-
interest'' on the second business day preceding the record date if the 
record date falls on a business day, on the third business day 
preceding the record date if the record date falls on a day other than 
a business day, or on the third business day preceding the date on 
which an interest payment is to be made if no record date has been 
fixed. BX is proposing to shorten the time frames in Rule 11150(a) by 
one business day.
(3) BX Rule 11210 (Sent by Each Party)
    Paragraphs (c) and (d) of Rule 11210 set forth the ``Don't Know'' 
(``DK'') voluntary procedures for using ``DK Notices'' or other forms 
of notices, respectively. Depending upon the notice used, a confirming 
member may follow the ``DK'' procedures when it sends a comparison or 
confirmation of a trade (other than one that clears through the 
National Securities Clearing Corporation (``NSCC'') or other registered 
clearing agency), but does not receive a comparison or confirmation or 
a signed ``DK'' from the contra-member by the close of four business 
days following the trade date of the transaction (``T+4''). The 
procedures generally provide that after T+4, the confirming member 
shall send a ``DK Notice'' (or similar notice) to the contra-member. 
The contra-member then has four business days after receipt of the 
confirming member's notice to either confirm or ``DK'' the transaction.
    BX is proposing to amend paragraphs (c) and (d) of Rule 11210 to 
provide that the ``DK'' procedures may be used by the confirming member 
if it does not receive a comparison or confirmation or signed ``DK'' 
from the contra-member by the close of one business day following the 
trade date of the transaction, rather than the current T+4.\20\ In 
addition, BX is proposing amendments to paragraphs (c)(2)(A), (c)(3), 
and (d)(5) of Rule 11210 to adjust the time in which a contra-member 
has to respond to a ``DK Notice'' (or similar notice) from four 
business days after the contra-member's receipt of the notice to two 
business days.
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    \20\ As stated above, the time frames in Rule 11210 remained 
unchanged during the transition from T+5 to T+3. In light of the 
industry-led initiative to shorten the standard settlement cycle and 
the SEC Proposing Release to amend SEA Rule 15c6-1(a) to establish 
T+2 as the standard settlement for most broker dealer transactions, 
the Exchange believes that the current time frames in Rule 11210 are 
more protracted than necessary even in a T+3 environment and as 
such, the Exchange is proposing to amend these time frames to 
reflect more current industry practices.
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(4) BX Rule 11320 (Dates of Delivery)
    Rule 11320 prescribes delivery dates for various transactions. 
Paragraph (b) states that for a ``regular way'' transaction, delivery 
must be made on, but not before, the third business day after the date 
of the transaction. BX is proposing to amend Rule 11320(b) to change 
the reference to third business day to second business day. Paragraph 
(c) provides that in a ``seller's option'' transaction, delivery may be 
made by the seller on any business day after the third business day 
following the date of the transaction. BX is proposing to amend Rule 
11320(c) to change the reference to third business day to second 
business day.
(5) BX Rule 11620 (Computation of Interest)
    In the settlement of contracts in interest-paying securities other 
than for cash, Rule 11620(a) requires the calculation of interest at 
the rate specified in the security up to, but not including, the third 
business day after the date of the transaction. The proposed amendment 
would shorten the time frame to the second business day. In addition, 
the proposed amendment would make non-substantive technical changes to 
the title of paragraph (a).
(6) BX Rule IM-11810 (Sample Buy-In Forms)
    Rule IM-11810(i)(1)(A) sets forth the fail-to-deliver and liability 
notice procedures where a securities contract is for warrants, rights, 
convertible securities or other securities which have been called for 
redemption; are due to expire by their terms; are the subject of a 
tender or exchange offer; or are subject to other expiring events such 
as a record date for the underlying security and the last day on which 
the securities must be delivered or surrendered is the settlement date 
of the contract or later.\21\
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    \21\ Rule IM-11810(i) is the successor to legacy NASD UPC 
Section 59(i) (Failure to Deliver and Liability Notice Procedures). 
When this provision was added to NASD's existing close-out 
procedures in 1984, it was drafted to be similar to the liability 
notice provisions adopted by the NSCC so that members that were also 
participants in NSCC could use the same procedures for both ex-
clearing and NSCC cleared transactions, thereby simplifying members' 
back office procedures.
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    Under Rule IM-11810(i)(1)(A), the receiving member delivers a 
liability notice to the owing counterparty. The liability notice sets a 
cutoff date for the delivery of the securities by the counterparty and 
provides notice to the counterparty of the liability attendant to its 
failure to deliver the securities in time. If the owing counterparty, 
or delivering member, delivers the securities in response to the 
liability notice, it has met its delivery obligation. If the delivering 
member fails to deliver the securities on the expiration date, it will 
be liable for any damages that may accrue thereby.
    Rule IM-11810(i)(1)(A) further provides that when both parties to a 
contract are participants in a registered clearing agency that has an 
automated liability notification service, transmission of the liability 
notice must be accomplished through such system.\22\ When the parties 
to a contract are not

[[Page 15261]]

both participants in a registered clearing agency that has an automated 
liability notification service, such notice must be issued using 
written or comparable electronic media having immediate receipt 
capabilities not later than one business day prior to the latest time 
and the date of the offer or other event in order to obtain the 
protection provided by the Rule.\23\
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    \22\ In 2007, NYSE Rule 180 was amended to require that when the 
parties to a failed contract were both participants in a registered 
clearing agency that had an automated service for notifying a 
failing party of the liability that will be attendant to a failure 
to deliver and the contract was to be settled through the facilities 
of that registered clearing agency, the transmission of the 
liability notification must be accomplished through the use of the 
registered clearing agency's automated liability notification 
system. See Securities Exchange Act Release No. 55132 (January 19, 
2007), 72 FR 3896 (January 26, 2007) (Order Approving File No. SR-
NYSE-2006-57).
    \23\ While Rule IM-11810 has undergone amendments over the 
years, the one-day time frame in paragraph (j) has remained 
unchanged. The one-day time frame also appears in comparable 
provisions of other SROs. See, e.g., NSCC Rules & Procedures, 
Procedure X (Execution of Buy-Ins) (Effective August 10, 2016); NYSE 
Rule 282.65 (Fail to Deliver and Liability Notice Procedures). See 
also infra note 31 and accompanying text.
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    Given the proposed shortened settlement cycle, BX is proposing to 
amend Rule IM-11810(i)(1)(A) in situations where both parties to a 
contract are not participants of a registered clearing agency with an 
automated notification service, by extending the time frame for 
delivery of the liability notice. Rule IM-11810(i)(1)(A) would be 
amended to provide that in such cases, the receiving member must send 
the liability notice to the delivering member as soon as practicable 
but not later than two hours prior to the cutoff time set forth in the 
instructions on a specific offer or other event to obtain the 
protection provided by the Rule. BX believes that extending the time 
given to the receiving member to transmit liability notifications will 
maintain the efficiency of the notification process while mitigating 
the possible overuse of such notifications.
    Currently, BX understands that the identity of the counterparty, or 
delivering member, becomes known to the receiving member by mid-day on 
the business day after trade date (``T+1''), and by that time, the 
receiving member will generally also know which transactions are 
subject to an event identified in Rule IM-11810(i)(1)(A) that would 
prompt the receiving member to issue a liability notice to the 
delivering member. BX believes that the receiving member regularly 
issues liability notices to the seller or other parties from which the 
securities involved are due when the security is subject to an event 
identified in Rule IM-11810(i)(1)(A) during the settlement cycle as a 
way to mitigate the risk of a potential fail-to-deliver. In the current 
T+3 settlement environment, the one business day time frame gives the 
receiving member the requisite time needed to identify the parties 
involved and undertake the liability notification process.
    However, BX believes that the move to a T+2 settlement environment 
will create inefficiencies in the liability notification process under 
Rule IM-11810(i)(1)(A) when both parties to a contract are not 
participants in a registered clearing agency with an automated 
notification service. The shorter settlement cycle, with the loss of 
one business day, would not afford the receiving member sufficient time 
to: (1) Ascertain that the securities are subject to an event listed in 
Rule IM-11810(i)(1)(A) during the settlement cycle; (2) identify the 
delivering member and other parties from which the securities involved 
are due; and (3) determine the likelihood that such parties may fail to 
deliver. Where the receiving member has sufficient time (e.g., one 
business day after), it can transmit liability notices as needed to the 
right parties. However, as a consequence of the shortened settlement 
cycle, the receiving member would be compelled to issue liability 
notices proactively to all potentially failing parties as a matter of 
course to preserve its rights against such parties without the benefit 
of knowing which transactions would actually necessitate the delivery 
of such notice. This would create a significant increase in the volume 
of liability notices members send and receive, many of which may be 
unnecessary. Members would then have to manage this overabundance of 
liability notices, increasing the possibility of errors, which would 
adversely impact the efficiency of the process. Therefore, BX believes 
its proposal to extend the time for the receiving member to deliver a 
liability notice when the parties to a contract are not both 
participants in a registered clearing agency with an automated 
notification service would help alleviate the potential burden on the 
liability notification process in a T+2 settlement environment.
Implementation
    BX will announce the operative date of the proposed rule change in 
an Equity Regulatory Alert, which date would correspond with the 
industry-led transition to a T+2 standard settlement, and the 
compliance date of the proposed amendment to SEA Rule 15c6-1(a) that 
the Commission may adopt, to require standard settlement no later than 
T+2.\24\
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    \24\ See supra note 4.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\25\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\26\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, and, in general, to protect investors and 
the public interest. The Exchange believes that the proposed rule 
change supports the supports the industry-led initiative to shorten the 
settlement cycle to two business days. Moreover, the proposed rule 
change is consistent with the SEC's proposed amendment to SEA Rule 
15c6-1(a) to require standard settlement no later than T+2. BX believes 
that the proposed rule change will provide the regulatory certainty to 
facilitate the industry-led move to a T+2 settlement cycle. As noted 
herein, upon approval, BX will announce the operative date of the 
proposed rule change in an Equity Regulatory Alert, which date would 
correspond with the industry-led transition to a T+2 standard 
settlement, and the compliance date of the Commission's proposed 
amendment to SEA Rule 15c6-1(a) to require standard settlement no later 
than T+2.
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    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change makes 
changes to rules pertaining to securities settlement and is intended to 
facilitate the implementation of the industry-led transition to a T+2 
settlement cycle. Moreover, the proposed rule changes are consistent 
with the SEC's proposed amendment to SEA Rule 15c6-1(a) to require 
standard settlement no later than T+2. Accordingly, BX believes that 
the proposed changes do not impose any burdens on the industry in 
addition to those necessary to implement amendments to SEA Rule 15c6-
1(a) as described and enumerated in the SEC Proposing Release.\27\
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    \27\ See supra note 4.
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    These conforming changes include changes to rules that specifically 
establish the settlement cycle as well as rules that establish time 
frames based on settlement dates, including for certain post-settlement 
rights and obligations. BX believes that the proposed changes set forth 
in the filing are necessary to

[[Page 15262]]

support a standard settlement cycle across the U.S. for secondary 
market transactions in equities, corporate and municipal bonds, unit 
investment trusts, and financial instruments composed of these 
products, among other things.\28\ A standard U.S. settlement cycle for 
such products is critical for the operation of fair and orderly 
markets.
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    \28\ See supra note 4.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    A previous version of the proposed rule change was published for 
comment in Equity Regulatory Alert 2016-4 on May 18, 2016. Two comments 
were received in response to the Regulatory Alert.\29\ A copy of the 
Regulatory Alert is attached as Exhibit 2a.\30\ Copies of the comment 
letters received in response to the Regulatory Notice are attached as 
Exhibits 2d and a list of comments is attached as Exhibit 2c.
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    \29\ See Letter from Martin A. Burns, Chief Industry Operations 
Officer, Investment Company Institute to John Zecca, Senior Vice 
President, Marketwatch dated June 8, 2016 (``ICI''); letter from 
Thomas F. Price, Managing Director, Operations, Securities Industry 
and Financial Markets Association, to John Zecca, Senior Vice 
President Market Watch dated June 8, 2016 (``SIFMA'').
    \30\ The Commission notes that the exhibits referred to are 
attached to the filing and not to this Notice.
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    Both of the letters received expressed support for the industry led 
move to T+2 stating, among other benefits, that the move will align 
U.S. markets with international markets that already work in the T+2 
environment, improve the overall efficiency and liquidity of the 
securities markets, and the stability of the financial system by 
reducing counterparty risk and pro-cyclical and liquidity demands, and 
decreasing clearing capital requirements. SIFMA also provided their 
view on the proposed amendments to two rules under the BX Rule 11800 
Series (Buying In).
BX Rule IM-11810(i)--Sample Buy-In Forms
    In its comment letter, SIFMA raised a concern with the one-day time 
frame in Rule IM-11810(i)(1)(A), asserting that the requirement for the 
delivering member to deliver a liability notice to the receiving member 
no later than one business day prior to the latest time and the date of 
the offer or other event in order to obtain the protection provided by 
the Rule may no longer be appropriate in a T+2 environment in some 
situations such as where the delivery obligation is transferred to 
another party as a result of continuous net settlement, settlements 
outside of the NSCC, and settlements involving a third party that is 
not a BX member firm. SIFMA noted that NYSE Rule 180 (Failure to 
Deliver) includes a similar requirement for NYSE member firms that are 
participants in a registered clearing agency to transmit liability 
notification through an automated notification service and proposed 
amending Rule IM-11810(i)(1)(A) to omit the reference to a notification 
time frame, which would align with NYSE Rule 180.\31\ In the 
alternative, SIFMA proposed amending Rule IM-11810(i)(1)(A) to require 
that the liability notice be delivered in a ``reasonable amount of 
time'' ahead of the settlement obligation in light of facts and 
circumstances. SIFMA maintained that under either proposed amendment to 
paragraph (j), the delivering member would be liable for any damages 
caused by its failure to deliver in a timely fashion.
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    \31\ See NYSE Rule 180 (Failure to Deliver) providing in part 
that ``[w]hen the parties to a contract are both participants in a 
registered clearing agency which has an automated service for 
notifying a failing party of the liability that will be attendant to 
a failure to deliver and that contract was to be settled through the 
facilities of said registered clearing agency, the transmission of 
the liability notification must be accomplished through use of said 
automated notification service.'' BX notes that NYSE Rule 180 does 
not address the transmission of the liability notification for 
parties to a contract that are not both participants in a registered 
clearing agency (or non-participants). The transmission of the 
liability notification for non-participants is addressed under NYSE 
Rule 282.65 (Failure to Deliver and Liability Notice Procedures). 
See supra note 23.
---------------------------------------------------------------------------

    While BX did not initially propose amendments to Rule IM-11810 for 
the T+2 initiative,\32\ in light of SIFMA's concern regarding Rule IM-
11810(i)(1)(A), BX is proposing to amend the Rule to provide that, 
where both parties to a contract are not participants of a registered 
clearing agency with an automated notification service, the receiving 
member must send the liability notice to the delivering member as soon 
as practicable but not later than two hours prior to the cutoff time 
set forth in the instructions on a specific offer or other event to 
obtain the protection provided by the Rule.\33\
---------------------------------------------------------------------------

    \32\ See Equity Regulatory Alert 2016-4.
    \33\ BX expects similar amendments to other comparable SRO 
provisions in NYSE Rule 282.65 (Fail to Deliver and Liability Notice 
Procedures) and FINRA Rule 11810 (Buying-in), and NSCC Rules & 
Procedures, Procedure X (Execution of Buy-Ins) to address SIFMA's 
concern about the one-day notification time frame.
---------------------------------------------------------------------------

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 Exchange consents, the Commission shall: (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, as modified by Amendment No. 1, 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-BX-2017-013 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2017-013. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for

[[Page 15263]]

inspection and copying at the principal office of the Exchange. 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-BX-2017-013, and should be 
submitted on or before April 17, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05919 Filed 3-24-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    15258                           Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices

                                                    subparagraph (f)(6) of Rule 19b–4                         Paper Comments                                         SECURITIES AND EXCHANGE
                                                    thereunder.31                                                                                                    COMMISSION
                                                       A proposed rule change filed                             • Send paper comments in triplicate
                                                    pursuant to Rule 19b–4(f)(6) under the                    to Brent J. Fields, Secretary, Securities              [Release No. 34–80282; File No. SR–BX–
                                                    Act 32 normally does not become                           and Exchange Commission, 100 F Street                  2017–013]
                                                    operative for 30 days after the date of its               NE., Washington, DC 20549–1090.
                                                                                                                                                                     Self-Regulatory Organizations;
                                                    filing. However, Rule 19b–4(f)(6)(iii) 33                 All submissions should refer to File                   NASDAQ BX, Inc.; Notice of Filing of
                                                    permits the Commission to designate a                     Number SR–MIAX–2017–13. This file                      Proposed Rule Change, as Modified by
                                                    shorter time if such action is consistent                 number should be included on the                       Amendment No. 1, To Shorten the
                                                    with the protection of investors and the                                                                         Settlement Cycle From T+3 to T+2
                                                                                                              subject line if email is used. To help the
                                                    public interest. The Exchange has asked
                                                                                                              Commission process and review your
                                                    the Commission to waive the 30-day                                                                               March 21, 2017.
                                                    operative delay so that the proposal may                  comments more efficiently, please use
                                                                                                                                                                        Pursuant to Section 19(b)(1) of the
                                                    become operative immediately upon                         only one method. The Commission will
                                                                                                                                                                     Securities Exchange Act of 1934
                                                    filing. The Commission believes that                      post all comments on the Commission’s
                                                                                                                                                                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    waiving the 30-day operative delay is                     Internet Web site (http://www.sec.gov/                 notice is hereby given that on March 9,
                                                    consistent with the protection of                         rules/sro.shtml). Copies of the                        2017, NASDAQ BX, Inc. (‘‘BX’’ or
                                                    investors and the public interest as it                   submission, all subsequent                             ‘‘Exchange’’) filed with the Securities
                                                    will allow the Exchange to implement                      amendments, all written statements                     and Exchange Commission (‘‘SEC’’ or
                                                    the proposed rule change by April 17,                     with respect to the proposed rule                      ‘‘Commission’’) the proposed rule
                                                    2017 in coordination with the other                       change that are filed with the                         change as described in Items I, II, and
                                                    options exchanges. Accordingly, the                       Commission, and all written                            III, below, which Items have been
                                                    Commission hereby waives the                              communications relating to the                         prepared by the Exchange. On March
                                                    operative delay and designates the                        proposed rule change between the                       13, 2017, the Exchange filed
                                                    proposal operative upon filing.34                         Commission and any person, other than                  Amendment No. 1.3 The Commission is
                                                       At any time within 60 days of the                      those that may be withheld from the                    publishing this notice to solicit
                                                    filing of the proposed rule change, the                   public in accordance with the                          comments on the proposed rule change,
                                                    Commission summarily may                                  provisions of 5 U.S.C. 552, will be                    as modified by Amendment No. 1, from
                                                    temporarily suspend such rule change if                   available for Web site viewing and                     interested persons.
                                                    it appears to the Commission that such                    printing in the Commission’s Public
                                                    action is: (i) Necessary or appropriate in                                                                       I. Self-Regulatory Organization’s
                                                                                                              Reference room, 100 F Street NE.,                      Statement of the Terms of Substance of
                                                    the public interest; (ii) for the protection              Washington, DC 20549 on official
                                                    of investors; or (iii) otherwise in                                                                              the Proposed Rule Change
                                                                                                              business days between the hours of
                                                    furtherance of the purposes of the Act.                   10:00 a.m. and 3:00 p.m. Copies of such                   The Exchange proposes to amend BX
                                                    If the Commission takes such action, the                                                                         Rules 11140 (Transactions in Securities
                                                                                                              filing also will be available for
                                                    Commission shall institute proceedings                                                                           ‘‘Ex-Dividend,’’ ‘‘Ex-Rights’’ or ‘‘Ex-
                                                                                                              inspection and copying at the principal
                                                    to determine whether the proposed rule                                                                           Warrants’’), 11150 (Transactions ‘‘Ex-
                                                                                                              office of the Exchange. All comments
                                                    should be approved or disapproved.                                                                               Interest’’ in Bonds Which Are Dealt in
                                                                                                              received will be posted without change;                ‘‘Flat’’), 11210 (Sent by Each Party),
                                                    IV. Solicitation of Comments                              the Commission does not edit personal                  11320 (Dates of Delivery), 11620
                                                      Interested persons are invited to                       identifying information from                           (Computation of Interest), and IM–
                                                    submit written data, views, and                           submissions. You should submit only                    11810 (Sample Buy-In Forms), to
                                                    arguments concerning the foregoing,                       information that you wish to make                      conform to the Commission’s proposed
                                                    including whether the proposed rule                       available publicly. All submissions                    amendment to SEA Rule 15c6–1(a) to
                                                    change is consistent with the Act.                        should refer to File Number SR–MIAX–                   shorten the standard settlement cycle
                                                    Comments may be submitted by any of                       2017–13, and should be submitted on or                 for most broker-dealer transactions from
                                                    the following methods:                                    before April 17, 2017.                                 three business days after the trade date
                                                    Electronic Comments                                                                                              (‘‘T+3’’) to two business days after the
                                                                                                                For the Commission, by the Division of
                                                                                                              Trading and Markets, pursuant to delegated
                                                                                                                                                                     trade date (‘‘T+2’’) and the industry-led
                                                      • Use the Commission’s Internet                                                                                initiative to shorten the settlement cycle
                                                    comment form (http://www.sec.gov/                         authority.35
                                                                                                                                                                     from T+3 to T+2.4
                                                    rules/sro.shtml); or                                      Eduardo A. Aleman,                                        The text of the proposed rule change
                                                      • Send an email to rule-comments@                       Assistant Secretary.                                   is available on the Exchange’s Web site
                                                    sec.gov. Please include File Number SR–                   [FR Doc. 2017–05921 Filed 3–24–17; 8:45 am]            at http://nasdaqbx.cchwallstreet.com/,
                                                    MIAX–2017–13 on the subject line.                         BILLING CODE 8011–01–P                                 at the principal office of the Exchange,
                                                                                                                                                                     and at the Commission’s Public
                                                       31 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                                                                                     Reference Room.
                                                    4(f)(6) requires a self-regulatory organization to give
                                                    the Commission written notice of its intent to file
                                                    the proposed rule change at least five business days                                                               1 15 U.S.C. 78s(b)(1).
                                                    prior to the date of filing of the proposed rule                                                                   2 17 CFR 240.19b–4.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    change, or such shorter time as designated by the                                                                  3 In Amendment No. 1, the Exchange proposes to
                                                    Commission. The Exchange has satisfied this                                                                      capitalize the letter ‘‘d’’ in the word ‘‘department’’
                                                    requirement.                                                                                                     in the proposed revisions to Rule 11140(b)(1), as set
                                                       32 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                     forth in Exhibit 5 to the filing, to conform to the
                                                       33 17 CFR 240.19b–4(f)(6)(iii).                                                                               Exchange’s current rule text.
                                                       34 For purposes only of waiving the 30-day                                                                      4 See Securities Exchange Act Release No. 78962

                                                    operative delay, the Commission has also                                                                         (September 28, 2016), 81 FR 69240 (October 5,
                                                    considered the proposed rule’s impact on                                                                         2016) (Amendment to Securities Transaction
                                                    efficiency, competition, and capital formation. See                                                              Settlement Cycle) (File No. S7–22–16) (‘‘SEC
                                                    15 U.S.C. 78c(f).                                           35 17   CFR 200.30–3(a)(12).                         Proposing Release’’).



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                                                                                   Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices                                                       15259

                                                    II. Self-Regulatory Organization’s                      Accordingly, BX and other self-                       several SRO rules that they believed
                                                    Statement of the Purpose of, and                        regulatory organizations (‘‘SROs’’)                   would require amendments for an
                                                    Statutory Basis for, the Proposed Rule                  amended their respective rules to                     effective transition to T+2.13 In March
                                                    Change                                                  conform to the T+3 settlement cycle.8                 2016, the ISC announced the industry
                                                       In its filing with the Commission, the               Since that time, the SEC and the                      target date of September 5, 2017 for the
                                                    Exchange included statements                            financial services industry have                      transition to a T+2 settlement cycle to
                                                    concerning the purpose of and basis for                 continued to explore the idea of                      occur.14
                                                    the proposed rule change and discussed                  shortening the settlement cycle even
                                                                                                                                                                  Proposed Rule Change
                                                    any comments it received on the                         further.9
                                                                                                               In April 2014, the Depository Trust &                 In light of the SEC Proposing Release
                                                    proposed rule change. The text of these
                                                                                                            Clearing Corporation (‘‘DTCC’’)                       that would amend SEA Rule 15c6–1(a)
                                                    statements may be examined at the
                                                                                                            published its formal recommendation to                to require standard settlement no later
                                                    places specified in Item IV below. The
                                                                                                            shorten the standard U.S. trade                       than T+2 and similar proposals from
                                                    Exchange has prepared summaries, set
                                                                                                            settlement cycle to T+2 and announced                 other SROs,15 BX is proposing changes
                                                    forth in sections A, B, and C below, of
                                                                                                            that it would partner with market                     to its rules pertaining to securities
                                                    the most significant aspects of such
                                                                                                            participants and industry organizations               settlement by, among other things,
                                                    statements.
                                                                                                            to devise the necessary approach and                  amending the definition of ‘‘standard’’
                                                    A. Self-Regulatory Organization’s                       timelines to achieve T+2.10                           settlement as occurring on T+2. SEA
                                                    Statement of the Purpose of, and the                       In an effort to improve the overall                Rule 15c6–1(a) currently establishes
                                                    Statutory Basis for, the Proposed Rule                  efficiency of the U.S. settlement system              ‘‘standard’’ settlement as occurring no
                                                    Change                                                  by reducing the attendant risks in T+3                later than T+3 for all securities, other
                                                                                                            settlement of securities transactions,                than an exempt security, government
                                                    1. Purpose
                                                                                                            and to align U.S. markets with other                  security, municipal security,
                                                    SEC Proposing Release                                   major global markets that have already                commercial paper, bankers’
                                                       On September 28, 2016, the                           moved to T+2, DTCC, in collaboration                  acceptances, or commercial bills.16 BX
                                                    Commission proposed amending SEA                        with the financial services industry,                 is proposing changes to rules pertaining
                                                    Rule 15c6–1(a) to shorten the standard                  formed an Industry Steering Committee                 to securities settlement to support the
                                                    settlement cycle for most broker-dealer                 (‘‘ISC’’) and an industry working group               industry-led initiative to shorten the
                                                    transactions from T+3 to T+2 on the                     and sub-working groups to facilitate the              standard settlement cycle to two
                                                    basis that the shorter settlement cycle                 move to T+2.11 In June 2015, the ISC                  business days. Most of the rules that BX
                                                    would reduce the risks that arise from                  published a White Paper outlining the                 has identified for these changes are
                                                    the value and number of unsettled                       activities and proposed time frames that              successors to provisions under the
                                                    securities transactions prior to the                    would be required to move to T+2 in the               legacy NASD Rules of Fair Practice and
                                                    completion of settlement, including                     U.S.12 Concurrently, the Securities                   NASD Uniform Practice Code (‘‘UPC’’)
                                                    credit, market, and liquidity risk                      Industry and Financial Markets                        that were amended when the
                                                    directly faced by U.S. market                           Association (‘‘SIFMA’’) and the                       Commission adopted SEA Rule 15c6–
                                                    participants.5 The proposed rule                        Investment Company Institute (‘‘ICI’’)                1(a), which established T+3 as the
                                                    amendment was published for comment                     jointly submitted a letter to SEC Chair               standard settlement cycle.17 As such,
                                                    in the Federal Register on October 5,                   White, expressing support of the                      BX is proposing to amend BX Rules
                                                    2016.6                                                  financial services industry’s efforts to              11140 (Transactions in Securities ‘‘Ex-
                                                    Background                                              shorten the settlement cycle and
                                                                                                                                                                    13 See Letter from ICI and SIFMA to Mary Jo
                                                                                                            identifying SEA Rule 15c6–1(a) and                    White, Chair, SEC, dated June 18, 2015. See also
                                                       In 1995, the standard U.S. trade
                                                                                                                                                                  Letter from Mary Jo White, Chair to Kenneth E.
                                                    settlement cycle for equities, municipal                Rulemaking Board’s rule change requiring              Bentsen, Jr., President and CEO, SIFMA, and Paul
                                                    and corporate bonds, and unit                           transactions in municipal securities to settle by     Schott Stevens, President and CEO, ICI, dated
                                                    investment trusts, and financial                        T+3. See Securities Exchange Act Release No.          September 16, 2015 (expressing her strong support
                                                                                                            35427 (February 28, 1995), 60 FR 12798 (March 8,      for industry efforts to shorten the trade settlement
                                                    instruments composed of these products                  1995) (Order Approving File No. SR–MSRB–94–10).       cycle to T+2 and commitment to developing a
                                                    was shortened from five business days                      8 See, e.g., Securities Exchange Act Release No.   proposal to amend SEA Rule 15c6–1(a) to require
                                                    after the trade date (‘‘T+5’’) to T+3.7                 35507 (March 17, 1995), 60 FR15616 (March 24,         standard settlement no later than T+2).
                                                                                                            1995) (Order Approving File No. SR–NASD–94–56);         14 See ISC Media Alert: ‘‘US T+2 ISC
                                                       5 See Securities and Exchange Commission Press       Securities Exchange Act Release No. 35506 (March      Recommends Move to Shorter Settlement Cycle On
                                                    Release 2016–200: ‘‘SEC Proposes Rule Amendment         17, 1995), 60 FR 15618 (March 24, 1995) (Order        September 5, 2017’’ (March 7, 2016).
                                                    to Expedite Process for Settling Securities             Approving File No. SR–NYSE–94–40); and                  15 See, e.g., Securities Exchange Act Release No.

                                                    Transactions’’ (September 28, 2016).                    Securities Exchange Act Release No. 35553 (March      77744 (April 29, 2016), 81 FR 26851 (May 4, 2016)
                                                       6 See supra note 4.                                  31, 1995), 60 FR 18161 (April 10, 1995) (Order        (Order Approving File No. SR–MSRB–2016–04).
                                                       7 In 1993, the Commission adopted SEA Rule           Approving File No. SR–Amex–94–57).                      16 See supra note 7.
                                                                                                               9 See, e.g., Securities Industry Association
                                                    15c6–1 which became effective in 1995. See                                                                      17 The legacy NASD rules that were changed to

                                                    Securities Exchange Act Release Nos. 33023              (‘‘SIA’’), ‘‘SIA T+1 Business Case Final Report’’     conform to the move from T+5 to T+3 included
                                                    (October 6, 1993), 58 FR 52891 (October 13, 1993)       (July 2000); Concept Release: Securities              Section 26 (Investment Companies) of the Rules of
                                                    and 34952 (November 9, 1994), 59 FR 59137               Transactions Settlement, Securities Exchange Act      Fair Practice, and Section 5 (Transactions in
                                                    (November 16, 1994). SEA Rule 15c6–1(a) provides,       Release No. 49405 (March 11, 2004), 69 FR 12922       Securities ‘‘Ex-Dividend,’’ ‘‘Ex-Rights’’ or ‘‘Ex-
                                                    in relevant part, that ‘‘a broker or dealer shall not   (March 18, 2004); and Depository Trust & Clearing     Warrants’’), Section 6 (Transactions ‘‘Ex-Interest’’ in
                                                                                                            Corporation, ‘‘Proposal to Launch a New Cost-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    effect or enter into a contract for the purchase or                                                           Bonds Which Are Dealt in ‘‘Flat’’), Section 12
                                                    sale of a security (other than an exempted security,    Benefit Analysis on Shortening the Settlement         (Dates of Delivery), Section 46 (Computation of
                                                    government security, municipal security,                Cycle’’ (December 2011).                              Interest) and Section 64 (Acceptance and
                                                                                                               10 See DTCC, ‘‘DTCC Recommends Shortening the
                                                    commercial paper, bankers’ acceptances, or                                                                    Settlement of COD Orders) of the UPC. See
                                                    commercial bills) that provides for payment of          U.S. Trade Settlement Cycle’’ (April 2014).           Securities Exchange Act Release No. 35507 (March
                                                                                                               11 The ISC includes, among other participants,
                                                    funds and delivery of securities later than the third                                                         17, 1995), 60 FR 15616 (March 24, 1995) (Order
                                                    business day after the date of the contract unless      DTCC, the Securities Industry and Financial           Approving File No. SR–NASD–94–56). See also
                                                    otherwise expressly agreed to by the parties at the     Markets Association and the Investment Company        Notice to Members 95–36 (May 1995) (enumerating
                                                    time of the transaction.’’ 17 CFR 240.15c6–1(a).        Institute.                                            the various sections under the NASD Rules of Fair
                                                    Although not covered by SEA Rule 15c6–1, in 1995,          12 See ‘‘Shortening the Settlement Cycle: The      Practice and UPC that were amended to implement
                                                    the Commission approved the Municipal Securities        Move to T+2’’ (June 18, 2015).                        T+3 settlement for securities transactions).



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                                                    15260                         Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices

                                                    Dividend,’’ ‘‘Ex-Rights’’ or ‘‘Ex-                      (other than one that clears through the               calculation of interest at the rate
                                                    Warrants’’), 11150 (Transactions ‘‘Ex-                  National Securities Clearing Corporation              specified in the security up to, but not
                                                    Interest’’ in Bonds Which Are Dealt in                  (‘‘NSCC’’) or other registered clearing               including, the third business day after
                                                    ‘‘Flat’’), 11320 (Dates of Delivery), and               agency), but does not receive a                       the date of the transaction. The
                                                    11620 (Computation of Interest). In                     comparison or confirmation or a signed                proposed amendment would shorten the
                                                    addition, BX is proposing to amend BX                   ‘‘DK’’ from the contra-member by the                  time frame to the second business day.
                                                    Rules 11210 (Sent by Each Party) and                    close of four business days following the             In addition, the proposed amendment
                                                    IM–11810 (Sample Buy-In Forms) to                       trade date of the transaction (‘‘T+4’’).              would make non-substantive technical
                                                    conform provisions, where appropriate,                  The procedures generally provide that                 changes to the title of paragraph (a).
                                                    to the T+2 settlement cycle.18                          after T+4, the confirming member shall
                                                       The details of the proposed rule                                                                           (6) BX Rule IM–11810 (Sample Buy-In
                                                                                                            send a ‘‘DK Notice’’ (or similar notice)
                                                    change are described below.                                                                                   Forms)
                                                                                                            to the contra-member. The contra-
                                                                                                            member then has four business days                       Rule IM–11810(i)(1)(A) sets forth the
                                                    (1) BX Rule 11140 (Transactions in                                                                            fail-to-deliver and liability notice
                                                    Securities ‘‘Ex-Dividend,’’ ‘‘Ex- Rights’’              after receipt of the confirming member’s
                                                                                                            notice to either confirm or ‘‘DK’’ the                procedures where a securities contract
                                                    or ‘‘Ex-Warrants’’)                                                                                           is for warrants, rights, convertible
                                                                                                            transaction.
                                                       Rule 11140(b)(1) provides that for                      BX is proposing to amend paragraphs                securities or other securities which have
                                                    dividends or distributions, and the                     (c) and (d) of Rule 11210 to provide that             been called for redemption; are due to
                                                    issuance or distribution of warrants, that              the ‘‘DK’’ procedures may be used by                  expire by their terms; are the subject of
                                                    are less than 25 percent of the value of                the confirming member if it does not                  a tender or exchange offer; or are subject
                                                    the subject security, if definitive                     receive a comparison or confirmation or               to other expiring events such as a record
                                                    information is received sufficiently in                 signed ‘‘DK’’ from the contra-member by               date for the underlying security and the
                                                    advance of the record date, the date                    the close of one business day following               last day on which the securities must be
                                                    designated as the ‘‘ex-dividend date’’                  the trade date of the transaction, rather             delivered or surrendered is the
                                                    shall be the second business day                        than the current T+4.20 In addition, BX               settlement date of the contract or later.21
                                                    preceding the record date if the record                 is proposing amendments to paragraphs                    Under Rule IM–11810(i)(1)(A), the
                                                    date falls on a business day, or the third              (c)(2)(A), (c)(3), and (d)(5) of Rule 11210           receiving member delivers a liability
                                                    business day preceding the record date                  to adjust the time in which a contra-                 notice to the owing counterparty. The
                                                    if the record date falls on a day                       member has to respond to a ‘‘DK                       liability notice sets a cutoff date for the
                                                    designated by Exchange’s Regulation                     Notice’’ (or similar notice) from four                delivery of the securities by the
                                                    Department 19 as a non-delivery date.                   business days after the contra-member’s               counterparty and provides notice to the
                                                    BX is proposing to shorten the time                     receipt of the notice to two business                 counterparty of the liability attendant to
                                                    frames in Rule 11140(b)(1) by one                       days.                                                 its failure to deliver the securities in
                                                    business day.                                                                                                 time. If the owing counterparty, or
                                                                                                            (4) BX Rule 11320 (Dates of Delivery)                 delivering member, delivers the
                                                    (2) BX Rule 11150 (‘‘Ex-Interest’’ in                                                                         securities in response to the liability
                                                    Bonds Which Are Dealt in ‘‘Flat’’)                         Rule 11320 prescribes delivery dates
                                                                                                            for various transactions. Paragraph (b)               notice, it has met its delivery obligation.
                                                       Rule 11150(a) prescribes the manner                  states that for a ‘‘regular way’’                     If the delivering member fails to deliver
                                                    for establishing ‘‘ex-interest dates’’ for              transaction, delivery must be made on,                the securities on the expiration date, it
                                                    transactions in bonds or other similar                  but not before, the third business day                will be liable for any damages that may
                                                    evidences of indebtedness which are                     after the date of the transaction. BX is              accrue thereby.
                                                    traded ‘‘flat.’’ Such transactions are ‘‘ex-            proposing to amend Rule 11320(b) to                      Rule IM–11810(i)(1)(A) further
                                                    interest’’ on the second business day                   change the reference to third business                provides that when both parties to a
                                                    preceding the record date if the record                 day to second business day. Paragraph                 contract are participants in a registered
                                                    date falls on a business day, on the third              (c) provides that in a ‘‘seller’s option’’            clearing agency that has an automated
                                                    business day preceding the record date                  transaction, delivery may be made by                  liability notification service,
                                                    if the record date falls on a day other                 the seller on any business day after the              transmission of the liability notice must
                                                    than a business day, or on the third                    third business day following the date of              be accomplished through such system.22
                                                    business day preceding the date on                      the transaction. BX is proposing to                   When the parties to a contract are not
                                                    which an interest payment is to be made                 amend Rule 11320(c) to change the                        21 Rule IM–11810(i) is the successor to legacy
                                                    if no record date has been fixed. BX is                 reference to third business day to                    NASD UPC Section 59(i) (Failure to Deliver and
                                                    proposing to shorten the time frames in                 second business day.                                  Liability Notice Procedures). When this provision
                                                    Rule 11150(a) by one business day.                                                                            was added to NASD’s existing close-out procedures
                                                                                                            (5) BX Rule 11620 (Computation of                     in 1984, it was drafted to be similar to the liability
                                                    (3) BX Rule 11210 (Sent by Each Party)                  Interest)                                             notice provisions adopted by the NSCC so that
                                                      Paragraphs (c) and (d) of Rule 11210                                                                        members that were also participants in NSCC could
                                                                                                              In the settlement of contracts in                   use the same procedures for both ex-clearing and
                                                    set forth the ‘‘Don’t Know’’ (‘‘DK’’)                   interest-paying securities other than for             NSCC cleared transactions, thereby simplifying
                                                    voluntary procedures for using ‘‘DK                     cash, Rule 11620(a) requires the                      members’ back office procedures.
                                                    Notices’’ or other forms of notices,                                                                             22 In 2007, NYSE Rule 180 was amended to

                                                    respectively. Depending upon the notice                                                                       require that when the parties to a failed contract
                                                                                                              20 As stated above, the time frames in Rule 11210
                                                                                                                                                                  were both participants in a registered clearing
                                                    used, a confirming member may follow
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                                                                                                            remained unchanged during the transition from T+5     agency that had an automated service for notifying
                                                    the ‘‘DK’’ procedures when it sends a                   to T+3. In light of the industry-led initiative to    a failing party of the liability that will be attendant
                                                                                                            shorten the standard settlement cycle and the SEC     to a failure to deliver and the contract was to be
                                                    comparison or confirmation of a trade                   Proposing Release to amend SEA Rule 15c6–1(a) to      settled through the facilities of that registered
                                                                                                            establish T+2 as the standard settlement for most     clearing agency, the transmission of the liability
                                                      18 BX Rules 11210 and IM–11810 are successors
                                                                                                            broker dealer transactions, the Exchange believes     notification must be accomplished through the use
                                                    to legacy NASD UPC Section 9 (Sent by Each Party)       that the current time frames in Rule 11210 are more   of the registered clearing agency’s automated
                                                    and 59 (‘‘Buying-in’’), respectively, which remained    protracted than necessary even in a T+3               liability notification system. See Securities
                                                    unchanged during the transition from T+5 to T+3.        environment and as such, the Exchange is              Exchange Act Release No. 55132 (January 19, 2007),
                                                    See supra note 17.                                      proposing to amend these time frames to reflect       72 FR 3896 (January 26, 2007) (Order Approving
                                                      19 See supra note 3.                                  more current industry practices.                      File No. SR–NYSE–2006–57).



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                                                                                   Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices                                              15261

                                                    both participants in a registered clearing                 However, BX believes that the move                  of the Act,25 in general, and furthers the
                                                    agency that has an automated liability                  to a T+2 settlement environment will                   objectives of Section 6(b)(5) of the Act,26
                                                    notification service, such notice must be               create inefficiencies in the liability                 in particular, in that it is designed to
                                                    issued using written or comparable                      notification process under Rule IM–                    promote just and equitable principles of
                                                    electronic media having immediate                       11810(i)(1)(A) when both parties to a                  trade, to foster cooperation and
                                                    receipt capabilities not later than one                 contract are not participants in a                     coordination with persons engaged in
                                                    business day prior to the latest time and               registered clearing agency with an                     regulating, clearing, settling, processing
                                                    the date of the offer or other event in                 automated notification service. The                    information with respect to, and
                                                    order to obtain the protection provided                 shorter settlement cycle, with the loss of             facilitating transactions in securities,
                                                    by the Rule.23                                          one business day, would not afford the                 and, in general, to protect investors and
                                                                                                            receiving member sufficient time to: (1)               the public interest. The Exchange
                                                       Given the proposed shortened
                                                                                                            Ascertain that the securities are subject              believes that the proposed rule change
                                                    settlement cycle, BX is proposing to
                                                                                                            to an event listed in Rule IM–                         supports the supports the industry-led
                                                    amend Rule IM–11810(i)(1)(A) in
                                                                                                            11810(i)(1)(A) during the settlement                   initiative to shorten the settlement cycle
                                                    situations where both parties to a
                                                                                                            cycle; (2) identify the delivering                     to two business days. Moreover, the
                                                    contract are not participants of a
                                                                                                            member and other parties from which                    proposed rule change is consistent with
                                                    registered clearing agency with an
                                                                                                            the securities involved are due; and (3)               the SEC’s proposed amendment to SEA
                                                    automated notification service, by
                                                                                                            determine the likelihood that such                     Rule 15c6–1(a) to require standard
                                                    extending the time frame for delivery of                                                                       settlement no later than T+2. BX
                                                    the liability notice. Rule IM–                          parties may fail to deliver. Where the
                                                                                                            receiving member has sufficient time                   believes that the proposed rule change
                                                    11810(i)(1)(A) would be amended to                                                                             will provide the regulatory certainty to
                                                    provide that in such cases, the receiving               (e.g., one business day after), it can
                                                                                                            transmit liability notices as needed to                facilitate the industry-led move to a T+2
                                                    member must send the liability notice to                                                                       settlement cycle. As noted herein, upon
                                                    the delivering member as soon as                        the right parties. However, as a
                                                                                                            consequence of the shortened settlement                approval, BX will announce the
                                                    practicable but not later than two hours                                                                       operative date of the proposed rule
                                                    prior to the cutoff time set forth in the               cycle, the receiving member would be
                                                                                                            compelled to issue liability notices                   change in an Equity Regulatory Alert,
                                                    instructions on a specific offer or other                                                                      which date would correspond with the
                                                    event to obtain the protection provided                 proactively to all potentially failing
                                                                                                            parties as a matter of course to preserve              industry-led transition to a T+2
                                                    by the Rule. BX believes that extending                                                                        standard settlement, and the compliance
                                                    the time given to the receiving member                  its rights against such parties without
                                                                                                            the benefit of knowing which                           date of the Commission’s proposed
                                                    to transmit liability notifications will                                                                       amendment to SEA Rule 15c6–1(a) to
                                                    maintain the efficiency of the                          transactions would actually necessitate
                                                                                                            the delivery of such notice. This would                require standard settlement no later
                                                    notification process while mitigating the                                                                      than T+2.
                                                    possible overuse of such notifications.                 create a significant increase in the
                                                                                                            volume of liability notices members                    B. Self-Regulatory Organization’s
                                                       Currently, BX understands that the                   send and receive, many of which may                    Statement on Burden on Competition
                                                    identity of the counterparty, or                        be unnecessary. Members would then
                                                    delivering member, becomes known to                                                                               The Exchange does not believe that
                                                                                                            have to manage this overabundance of
                                                    the receiving member by mid-day on the                                                                         the proposed rule change will impose
                                                                                                            liability notices, increasing the
                                                    business day after trade date (‘‘T+1’’),                                                                       any burden on competition not
                                                                                                            possibility of errors, which would
                                                    and by that time, the receiving member                                                                         necessary or appropriate in furtherance
                                                                                                            adversely impact the efficiency of the
                                                    will generally also know which                                                                                 of the purposes of the Act. The
                                                                                                            process. Therefore, BX believes its
                                                    transactions are subject to an event                                                                           proposed rule change makes changes to
                                                                                                            proposal to extend the time for the
                                                    identified in Rule IM–11810(i)(1)(A)                                                                           rules pertaining to securities settlement
                                                                                                            receiving member to deliver a liability
                                                    that would prompt the receiving                                                                                and is intended to facilitate the
                                                                                                            notice when the parties to a contract are
                                                    member to issue a liability notice to the                                                                      implementation of the industry-led
                                                                                                            not both participants in a registered
                                                    delivering member. BX believes that the                                                                        transition to a T+2 settlement cycle.
                                                                                                            clearing agency with an automated
                                                    receiving member regularly issues                                                                              Moreover, the proposed rule changes are
                                                                                                            notification service would help alleviate
                                                    liability notices to the seller or other                                                                       consistent with the SEC’s proposed
                                                                                                            the potential burden on the liability
                                                    parties from which the securities                                                                              amendment to SEA Rule 15c6–1(a) to
                                                                                                            notification process in a T+2 settlement
                                                    involved are due when the security is                                                                          require standard settlement no later
                                                                                                            environment.
                                                    subject to an event identified in Rule                                                                         than T+2. Accordingly, BX believes that
                                                    IM–11810(i)(1)(A) during the settlement                 Implementation                                         the proposed changes do not impose
                                                    cycle as a way to mitigate the risk of a                                                                       any burdens on the industry in addition
                                                                                                               BX will announce the operative date
                                                    potential fail-to-deliver. In the current                                                                      to those necessary to implement
                                                                                                            of the proposed rule change in an Equity
                                                    T+3 settlement environment, the one                                                                            amendments to SEA Rule 15c6–1(a) as
                                                                                                            Regulatory Alert, which date would
                                                    business day time frame gives the                                                                              described and enumerated in the SEC
                                                                                                            correspond with the industry-led
                                                    receiving member the requisite time                                                                            Proposing Release.27
                                                                                                            transition to a T+2 standard settlement,                  These conforming changes include
                                                    needed to identify the parties involved                 and the compliance date of the
                                                    and undertake the liability notification                                                                       changes to rules that specifically
                                                                                                            proposed amendment to SEA Rule                         establish the settlement cycle as well as
                                                    process.                                                15c6–1(a) that the Commission may
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                                                                                                                                                                   rules that establish time frames based on
                                                                                                            adopt, to require standard settlement no               settlement dates, including for certain
                                                      23 While Rule IM–11810 has undergone
                                                                                                            later than T+2.24                                      post-settlement rights and obligations.
                                                    amendments over the years, the one-day time frame
                                                    in paragraph (j) has remained unchanged. The one-       2. Statutory Basis                                     BX believes that the proposed changes
                                                    day time frame also appears in comparable                                                                      set forth in the filing are necessary to
                                                    provisions of other SROs. See, e.g., NSCC Rules &         The Exchange believes that its
                                                    Procedures, Procedure X (Execution of Buy-Ins)          proposal is consistent with Section 6(b)                 25 15 U.S.C. 78f(b).
                                                    (Effective August 10, 2016); NYSE Rule 282.65 (Fail
                                                                                                                                                                     26 15 U.S.C. 78f(b)(5).
                                                    to Deliver and Liability Notice Procedures). See also
                                                    infra note 31 and accompanying text.                      24 See   supra note 4.                                 27 See supra note 4.




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                                                    15262                          Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices

                                                    support a standard settlement cycle                      another party as a result of continuous                   III. Date of Effectiveness of the
                                                    across the U.S. for secondary market                     net settlement, settlements outside of                    Proposed Rule Change and Timing for
                                                    transactions in equities, corporate and                  the NSCC, and settlements involving a                     Commission Action
                                                    municipal bonds, unit investment                         third party that is not a BX member                          Within 45 days of the date of
                                                    trusts, and financial instruments                        firm. SIFMA noted that NYSE Rule 180                      publication of this notice in the Federal
                                                    composed of these products, among                        (Failure to Deliver) includes a similar                   Register or within such longer period (i)
                                                    other things.28 A standard U.S.                          requirement for NYSE member firms                         as the Commission may designate up to
                                                    settlement cycle for such products is                    that are participants in a registered                     90 days of such date if it finds such
                                                    critical for the operation of fair and                   clearing agency to transmit liability                     longer period to be appropriate and
                                                    orderly markets.
                                                                                                             notification through an automated                         publishes its reasons for so finding or
                                                    C. Self-Regulatory Organization’s                        notification service and proposed                         (ii) as to which the Exchange consents,
                                                    Statement on Comments on the                             amending Rule IM–11810(i)(1)(A) to                        the Commission shall: (a) By order
                                                    Proposed Rule Change Received From                       omit the reference to a notification time                 approve or disapprove such proposed
                                                    Members, Participants, or Others                         frame, which would align with NYSE                        rule change, or (b) institute proceedings
                                                       A previous version of the proposed                    Rule 180.31 In the alternative, SIFMA                     to determine whether the proposed rule
                                                    rule change was published for comment                    proposed amending Rule IM–                                change should be disapproved.
                                                    in Equity Regulatory Alert 2016–4 on                     11810(i)(1)(A) to require that the                        IV. Solicitation of Comments
                                                    May 18, 2016. Two comments were                          liability notice be delivered in a
                                                    received in response to the Regulatory                                                                                Interested persons are invited to
                                                                                                             ‘‘reasonable amount of time’’ ahead of
                                                    Alert.29 A copy of the Regulatory Alert                                                                            submit written data, views, and
                                                                                                             the settlement obligation in light of facts
                                                    is attached as Exhibit 2a.30 Copies of the                                                                         arguments concerning the foregoing,
                                                                                                             and circumstances. SIFMA maintained
                                                    comment letters received in response to                                                                            including whether the proposed rule
                                                                                                             that under either proposed amendment                      change, as modified by Amendment No.
                                                    the Regulatory Notice are attached as                    to paragraph (j), the delivering member
                                                    Exhibits 2d and a list of comments is                                                                              1, is consistent with the Act. Comments
                                                                                                             would be liable for any damages caused                    may be submitted by any of the
                                                    attached as Exhibit 2c.                                  by its failure to deliver in a timely
                                                       Both of the letters received expressed                                                                          following methods:
                                                                                                             fashion.
                                                    support for the industry led move to                                                                               Electronic Comments
                                                    T+2 stating, among other benefits, that                     While BX did not initially propose
                                                    the move will align U.S. markets with                    amendments to Rule IM–11810 for the                         • Use the Commission’s Internet
                                                    international markets that already work                  T+2 initiative,32 in light of SIFMA’s                     comment form (http://www.sec.gov/
                                                    in the T+2 environment, improve the                      concern regarding Rule IM–                                rules/sro.shtml); or
                                                    overall efficiency and liquidity of the                  11810(i)(1)(A), BX is proposing to                          • Send an email to rule-comments@
                                                    securities markets, and the stability of                 amend the Rule to provide that, where                     sec.gov. Please include File Number SR–
                                                    the financial system by reducing                         both parties to a contract are not                        BX–2017–013 on the subject line.
                                                    counterparty risk and pro-cyclical and                   participants of a registered clearing                     Paper Comments
                                                    liquidity demands, and decreasing                        agency with an automated notification
                                                    clearing capital requirements. SIFMA                                                                                  • Send paper comments in triplicate
                                                                                                             service, the receiving member must                        to Secretary, Securities and Exchange
                                                    also provided their view on the                          send the liability notice to the
                                                    proposed amendments to two rules                                                                                   Commission, 100 F Street NE.,
                                                                                                             delivering member as soon as                              Washington, DC 20549–1090.
                                                    under the BX Rule 11800 Series (Buying                   practicable but not later than two hours
                                                    In).                                                                                                               All submissions should refer to File
                                                                                                             prior to the cutoff time set forth in the                 Number SR–BX–2017–013. This file
                                                    BX Rule IM–11810(i)—Sample Buy-In                        instructions on a specific offer or other                 number should be included on the
                                                    Forms                                                    event to obtain the protection provided                   subject line if email is used. To help the
                                                      In its comment letter, SIFMA raised a                  by the Rule.33                                            Commission process and review your
                                                    concern with the one-day time frame in                                                                             comments more efficiently, please use
                                                    Rule IM–11810(i)(1)(A), asserting that                      31 See NYSE Rule 180 (Failure to Deliver)
                                                                                                                                                                       only one method. The Commission will
                                                                                                             providing in part that ‘‘[w]hen the parties to a          post all comments on the Commission’s
                                                    the requirement for the delivering
                                                                                                             contract are both participants in a registered
                                                    member to deliver a liability notice to                  clearing agency which has an automated service for
                                                                                                                                                                       Internet Web site (http://www.sec.gov/
                                                    the receiving member no later than one                   notifying a failing party of the liability that will be   rules/sro.shtml). Copies of the
                                                    business day prior to the latest time and                attendant to a failure to deliver and that contract       submission, all subsequent
                                                    the date of the offer or other event in                  was to be settled through the facilities of said          amendments, all written statements
                                                    order to obtain the protection provided                  registered clearing agency, the transmission of the       with respect to the proposed rule
                                                                                                             liability notification must be accomplished through
                                                    by the Rule may no longer be                             use of said automated notification service.’’ BX
                                                                                                                                                                       change that are filed with the
                                                    appropriate in a T+2 environment in                      notes that NYSE Rule 180 does not address the             Commission, and all written
                                                    some situations such as where the                        transmission of the liability notification for parties    communications relating to the
                                                    delivery obligation is transferred to                    to a contract that are not both participants in a         proposed rule change between the
                                                                                                             registered clearing agency (or non-participants). The     Commission and any person, other than
                                                                                                             transmission of the liability notification for non-
                                                      28 See supra note 4.                                                                                             those that may be withheld from the
                                                                                                             participants is addressed under NYSE Rule 282.65
                                                      29 See Letter from Martin A. Burns, Chief Industry                                                               public in accordance with the
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                                                                                                             (Failure to Deliver and Liability Notice Procedures).
                                                    Operations Officer, Investment Company Institute                                                                   provisions of 5 U.S.C. 552, will be
                                                                                                             See supra note 23.
                                                    to John Zecca, Senior Vice President, Marketwatch
                                                    dated June 8, 2016 (‘‘ICI’’); letter from Thomas F.
                                                                                                                32 See Equity Regulatory Alert 2016–4.                 available for Web site viewing and
                                                    Price, Managing Director, Operations, Securities            33 BX expects similar amendments to other              printing in the Commission’s Public
                                                    Industry and Financial Markets Association, to John      comparable SRO provisions in NYSE Rule 282.65             Reference Room, 100 F Street NE.,
                                                    Zecca, Senior Vice President Market Watch dated          (Fail to Deliver and Liability Notice Procedures)         Washington, DC 20549, on official
                                                    June 8, 2016 (‘‘SIFMA’’).                                and FINRA Rule 11810 (Buying-in), and NSCC
                                                      30 The Commission notes that the exhibits              Rules & Procedures, Procedure X (Execution of Buy-        business days between the hours of
                                                    referred to are attached to the filing and not to this   Ins) to address SIFMA’s concern about the one-day         10:00 a.m. and 3:00 p.m. Copies of the
                                                    Notice.                                                  notification time frame.                                  filing also will be available for


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                                                                                     Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices                                                  15263

                                                    inspection and copying at the principal                   interpretations of the law and                        claims filed on or after March 27, 2017,
                                                    office of the Exchange. All comments                      regulations.                                          the final rules state that adjudicators
                                                    received will be posted without change;                      We are rescinding the following SSRs:              will not provide any articulation about
                                                    the Commission does not edit personal                        • SSR 96–2p: Titles II and XVI:                    their consideration of decisions from
                                                    identifying information from                              Giving Controlling Weight to Treating                 other governmental agencies and
                                                    submissions. You should submit only                       Source Medical Opinions.                              nongovernmental entities because this
                                                    information that you wish to make                            • SSR 96–5p: Titles II and XVI:                    evidence is inherently neither valuable
                                                    available publicly. All submissions                       Medical Source Opinions on Issues                     nor persuasive to us. Therefore, this SSR
                                                    should refer to File Number SR–BX–                        Reserved to the Commissioner.                         is inconsistent with the final rules.
                                                    2017–013, and should be submitted on                         • SSR 06–03p: Titles II and XVI:
                                                                                                              Considering Opinions and Other                        (Catalog of Federal Domestic Assistance,
                                                    or before April 17, 2017.                                                                                       Programs Nos. 96.001, Social Security—
                                                                                                              Evidence from Sources Who Are Not                     Disability Insurance; 96.002, Social
                                                      For the Commission, by the Division of                  ‘‘Acceptable Medical Sources’’ in
                                                    Trading and Markets, pursuant to delegated                                                                      Security—Retirement Insurance; 96.004,
                                                                                                              Disability Claims; Considering                        Social Security—Survivors Insurance;
                                                    authority.34
                                                                                                              Decisions on Disability by Other                      96.006—Supplemental Security Income.)
                                                    Eduardo A. Aleman,                                        Governmental and Nongovernmental
                                                    Assistant Secretary.                                      Agencies.                                             Nancy A. Berryhill,
                                                    [FR Doc. 2017–05919 Filed 3–24–17; 8:45 am]                  These three SSRs are inconsistent or               Acting Commissioner of Social Security.
                                                    BILLING CODE 8011–01–P                                    unnecessarily duplicative with our                    [FR Doc. 2017–05958 Filed 3–24–17; 8:45 am]
                                                                                                              recent final rules, Revisions to Rules                BILLING CODE 4191–02–P
                                                                                                              Regarding the Evaluation of Medical
                                                    SOCIAL SECURITY ADMINISTRATION                            Evidence, published in the Federal
                                                                                                              Register on January 18, 2017 (82 FR                   SOCIAL SECURITY ADMINISTRATION
                                                    [Docket No. SSA–2012–0035]                                5844).                                                [Docket No. SSA–2012–0035]
                                                                                                                 SSR 96–2p explained how
                                                    Rescission of Social Security Rulings                     adjudicators should evaluate medical                  Social Security Ruling (SSR) 17–2p:
                                                    96–2p, 96–5p, and 06–3p                                   opinions from treating sources,                       Titles II and XVI: Evidence Needed by
                                                    AGENCY:  Social Security Administration.                  including when it is appropriate to give              Adjudicators at the Hearings and
                                                    ACTION: Notice of rescission of Social                    controlling weight to medical opinions                Appeals Council Levels of the
                                                    Security Rulings.                                         from treating sources. The final rules                Administrative Review Process To
                                                                                                              revised these policies for claims filed on            Make Findings About Medical
                                                    SUMMARY:   In accordance with 20 CFR                      or after March 27, 2017, in several ways.             Equivalence
                                                    402.35(b)(1), the Acting Commissioner                     For example, adjudicators will not
                                                                                                              assign a weight, including controlling                AGENCY:   Social Security Administration.
                                                    of Social Security gives notice of the
                                                    rescission of Social Security Rulings                     weight, to any medical opinion for                    ACTION:   Notice of Social Security Ruling
                                                    (SSR) 96–2p, 96–5p, and 06–03p.                           claims filed on or after March 27, 2017.              (SSR).
                                                    DATES: Effective Date: This rescission                    Therefore, this SSR is inconsistent with              SUMMARY:   We are providing notice of
                                                    will be effective for claims filed on or                  the final rules.                                      SSR 17–2p. This SSR provides guidance
                                                    after March 27, 2017.                                        SSR 96–5p explained how                            about how adjudicators at the hearings
                                                                                                              adjudicators should consider and                      and Appeals Council (AC) levels of the
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                              articulate their consideration of medical             administrative review process make
                                                    Joshua Silverman, Office of Disability                    source opinions on issues reserved to
                                                    Policy, Social Security Administration,                                                                         findings about medical equivalence in
                                                                                                              the Commissioner in the notice of the                 disability claims under titles II and XVI
                                                    6401 Security Boulevard, Baltimore, MD                    determination or decision. The final
                                                    21235–6401, (410) 594–2128. For                                                                                 of the Social Security Act.
                                                                                                              rules revised these policies for claims
                                                    information on eligibility or filing for                                                                        DATES: Effective Date: March 27, 2017.
                                                                                                              filed on or after March 27, 2017, in
                                                    benefits, call our national toll-free                     several ways. For example, in claims                  FOR FURTHER INFORMATION CONTACT:
                                                    number 1–800–772, 1213, or TTY 1–                         filed on or after March 27, 2017,                     Joshua Silverman, Office of Disability
                                                    800–325–0778, or visit our Internet site,                 adjudicators will not provide any                     Policy, Social Security Administration,
                                                    Social Security Online, at http://                        articulation about their consideration of             6401 Security Boulevard, Baltimore, MD
                                                    www.socialsecurity.gov.                                   this evidence because it is inherently                21235–6401, (410) 594–2128. For
                                                    SUPPLEMENTARY INFORMATION:     Although                   neither valuable nor persuasive to us.                information on eligibility or filing for
                                                    5 U.S.C. 552(a)(1) and (a)(2) do not                      Therefore, this SSR is inconsistent with              benefits, call our national toll-free
                                                    require us to publish this notice, we are                 the final rules.                                      number 1–800–772, 1213, or TTY 1–
                                                    doing so in accordance with 20 CFR                           SSR 06–03p explained how we                        800–325–0778, or visit our Internet site,
                                                    402.35(b)(1).                                             consider opinions and other evidence                  Social Security Online, at http://
                                                       Through SSRs, we make available to                     from sources who are not acceptable                   www.socialsecurity.gov.
                                                    the public precedential decisions                         medical sources and how we consider                   SUPPLEMENTARY INFORMATION: Although
                                                    relating to the Federal old-age,                          decisions by other governmental and                   5 U.S.C. 552(a)(1) and (a)(2) do not
                                                    survivors, disability, supplemental                       nongovernmental agencies on the issue                 require us to publish this SSR, we are
                                                    security income, and special veterans                     of disability or blindness. The final                 doing so in accordance with 20 CFR
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                                                    benefits programs. We may base SSRs                       rules revised these policies for claims               402.35(b)(1).
                                                    on determinations or decisions made at                    filed on or after March 27, 2017, in                     Through SSRs, we make available to
                                                    all levels of administrative adjudication,                several ways. For example, in claims                  the public precedential decisions
                                                    Federal court decisions, Commissioner’s                   filed on or after March 27, 2017, the                 relating to the Federal old-age,
                                                    decisions, opinions of the Office of the                  final rules state that all medical sources,           survivors, disability, supplemental
                                                    General Counsel, or other                                 not just acceptable medical sources, can              security income, and special veterans
                                                                                                              make evidence that we categorize and                  benefits programs. We may base SSRs
                                                      34 17   CFR 200.30–3(a)(12).                            consider as medical opinions. Also, in                on determinations or decisions made at


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Document Created: 2017-03-25 00:21:27
Document Modified: 2017-03-25 00:21:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 15258 

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