82_FR_17560 82 FR 17492 - Self-Regulatory Organizations; LCH SA; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Retroactively Apply Recently-Revised Fee Schedule

82 FR 17492 - Self-Regulatory Organizations; LCH SA; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Retroactively Apply Recently-Revised Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 68 (April 11, 2017)

Page Range17492-17494
FR Document2017-07178

Federal Register, Volume 82 Issue 68 (Tuesday, April 11, 2017)
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17492-17494]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07178]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80379; File No. SR-LCH SA-2017-002]


Self-Regulatory Organizations; LCH SA; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change To Retroactively Apply 
Recently-Revised Fee Schedule

April 5, 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 30, 2017, Banque Centrale de Compensation, which conducts 
business under the name LCH SA (``LCH SA''), filed with the Securities 
and Exchange Commission (``Commission'') the proposed rule change 
described in Items I and II below, which Items have been primarily 
prepared by LCH SA. LCH SA filed the proposed rule change pursuant to 
Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(6) thereunder.\4\ 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice

    The proposed rule change will retroactively apply LCH SA's 
recently-revised fee schedule \5\ from January 1, 2017 through February 
17, 2017, the date that the revised schedule became effective.
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    \5\ Changes to the fee schedule included (1) a modification of 
the annual fixed fee that covers all self-clearing activity for a 
Clearing Member and its affiliates under the Unlimited Tariff, (2) 
addition of an annual fixed fee for all General Members that 
participate in the CDS Clearing Services under the Introductory 
Tariff, and (3) removal of the volume-based discounts previously in 
effect for the client clearing activities of the CDS Clearing 
Service. See Securities Exchange Act Release No. 34-80114 (February 
27, 2017), 82 FR 12481 (March 3, 2017).
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change, Security-Based Swap Submission, or 
Advance Notice

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

A. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change, Security-Based Swap Submission, or 
Advance Notice

1. Purpose
    The purpose of the proposed rule change is to retroactively apply 
LCH SA's recently-revised fee schedule beginning January 1, 2017.
    The purpose of the CDSClear fee grid revisions was to: (1) Modify 
the annual fixed fee that covers all self-clearing activity for a 
Clearing Member and its affiliates under the Unlimited Tariff, (2) 
establish an annual fixed fee for all General Members that participate 
in the CDS Clearing Services under the Introductory Tariff, and (3) 
remove the volume-based discounts previously in effect for the client 
clearing activities of the CDS Clearing Service.
    LCH SA was registered on December 29, 2016 but had long-standing 
plans to revise the fee schedule with an intended effective date of 
January 1, 2017.
    The need to apply the fees retroactively results from being granted 
registration on December 29, 2016, only one (1) full business day prior 
to the expected effective date on January 1, which, when coupled with 
technological difficulties (including purchase of a digital 
certificate) associated with the filing process, resulted in LCH SA not 
being able to submit the filing on December 30, 2016, as LCH SA 
initially anticipated.
    Because LCH SA had also intended the fee change to become effective 
by January 1, 2017 it had already gone through the member consultation 
process, meaning that members were aware of the pending change in fee 
structure, including the proposed effective date of January 1, 2017.
    Additionally, LCH SA's national competent authorities had been 
advised of the proposed fee change that had already gone through the 
regulatory review process with the Commodity Futures Trading Commission 
(``CFTC'') in a manner that would have permitted the fee change to take 
effect on January 1, 2017.\6\
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    \6\ See http://www.cftc.gov/filings/orgrules/rule121516lchsadco001.pdf.
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    In that way, the proposed fee change was published on LCH SA's Web 
site no later than December 14, 2016, when it was self-certified to the 
CFTC pursuant to CFTC Rule 40.6.
2. Statutory Basis
    LCH SA believes that the proposal is consistent with the provisions 
of Section 17A of the Act, in general and in particular with Section 
17A(b)(3)(D) of the Act requiring the equitable allocation of 
reasonable dues, fees and other charges.\7\
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    \7\ 15 U.S.C. 78q-1(b)(3)(D).
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    LCH believes that applying the fees retroactively is reasonable. 
The fees would have been applicable absent the year end Commission 
registration as well as the technological difficulties LCH SA 
encountered with the submission of the filing. The members of LCH SA 
were consulted in advance and were fully aware that such fees were 
intended to be applicable by January 1, 2017.
    Section 17A(b)(3)(D) of the Act requires that the rules of a 
clearing agency provide for the equitable allocation of reasonable 
dues, fees, and other charges.\8\ With respect to the Unlimited Tariff, 
LCH SA has determined that the reduction in the Unlimited Tariff fixed 
fee for General Members with respect to self-clearing activity on 
behalf of the Clearing Member and its affiliates is reasonable and 
appropriate given the costs and expenses to LCH SA. With CDSClear now 
reaching a maturity stage in its development and the introduction of 
mandatory clearing of OTC derivatives

[[Page 17493]]

in 2017, which will result in an increase in CDS client clearing 
activities, it is appropriate that the costs and expenses that LCH SA 
will incur in providing the CDS Clearing Service are shared more 
broadly among General Members and their clients that participate in the 
service. For the same reasons, LCH SA has determined that the cap on 
self-clearing fees, inclusive of the annual fixed fee, applicable to 
General Members electing the Introductory Tariff, should be lowered to 
the same amount as the revised Unlimited Tariff.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    With respect to the annual fixed fee for General Members under the 
Introductory Tariff, LCH SA has determined that implementing an annual 
fixed fee for all General Members that participate in the CDS Clearing 
Service under the Introductory Tariff (which fee is separate from and 
in addition to the self-clearing and client clearing variable fees 
currently assessed), is reasonable and appropriate given the costs and 
expenses to LCH SA in providing the services to General Members. The 
fee assures that all General Members that benefit from the CDS Clearing 
Service pay an appropriate fee for such services, such as being 
consulted on potential rules, product and service changes, as well as 
benefiting from unlimited support for product and system training and 
testing, without regard to whether such General Members engage in CDS 
clearing activities. The proposed rule changes, therefore, are 
consistent with the requirements of Section 17A of the Act \9\ and 
regulations thereunder applicable to it, because they provide for the 
equitable allocation of reasonable fees, dues, and other charges among 
clearing members and market participants by ensuring that General 
Members and their clients pay reasonable fees and dues for the services 
that LCH SA provides.
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    \9\ 15 U.S.C. 78q-1.
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    With respect to the removal of volume-based discounts, LCH SA has 
determined that removing the volume-based discounts for CDS client 
clearing activities is reasonable and appropriate given the costs and 
expenses to LCH SA in providing such services. The elimination of 
volume-based discounts will assure that clients pay an appropriate 
proportionate share of the costs and expenses that LCH SA will incur in 
providing the CDS Clearing Service.

B. Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a 
clearing agency not impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1(b)(3)(I).
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    LCH SA does not believe that the proposed retroactive application 
of the fee changes from January 1, 2017 would impose any burden on 
competition. LCH SA believes that the reduction in the annual Tariffs 
assessed on General Members with respect to self-clearing activity are 
reasonable and appropriate, as the Tariffs will apply equally to all 
General Members that self-clear CDS under the Unlimited Tariff. 
Additionally, LCH SA believes that an annual fixed fee for all General 
Members that participate in the CDS Clearing Service under the 
Introductory Tariff, which fee is separate from and in addition to the 
self-clearing and client clearing variable fees currently assessed, is 
appropriate in light of the expenses incurred by LCH SA in providing 
its services. Further, LCH SA believes that removing the volume-based 
discounts for CDS client clearing activities is reasonable and 
appropriate, as the clearing fees will apply equally to all clients 
that participate in the CDS Clearing Service.
    The retroactive application of the fee changes will apply to all 
CDSClear members and will not adversely affect their ability to engage 
in cleared transactions or to access clearing services.

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

    Written comments relating to the proposed rule change have not been 
solicited or received. LCH SA will notify the Commission of any written 
comments received.

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

    Because the foregoing proposed rule change does not (i) 
significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, if consistent with 
the protection of investors and the public interest, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) \11\ of the 
Act and Rule 19b-4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    LCH SA has asked the Commission to waive the 30-day operative delay 
so that the proposed rule change may become operative immediately upon 
filing. According to LCH SA, the proposed retroactive application of 
the recently-revised fee schedule does not significantly affect the 
protection of investors or the public interest because LCH SA, its 
members, and its other regulators all expected that the revised fee 
schedule would apply starting on January 1, 2017.
    After careful consideration, the Commission agrees that a waiver of 
the 30-day operative delay is appropriate under the particular facts 
and circumstances concerning this proposed rule change. The only reason 
LCH SA could not implement its revised fee schedule as planned was the 
Commission's approval of its registration on December 29, 2016, which 
did not leave LCH SA sufficient time to satisfy all of the technical 
requirements to file proposed rule changes with the Commission. 
Moreover, the Commission notes that the retroactive fee change will 
have no impact on U.S. customers or members, further lessening any 
investor protection or public interest concerns associated with the 
retroactive application of a fee schedule to the date all parties 
expected it would become effective. Accordingly, the Commission 
designates the proposed rule change to be operative upon filing.\13\
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    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include 
File Number SR-LCH SA-2017-002 on the subject line.

[[Page 17494]]

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-LCH SA-2017-002. 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 such filings will also be available 
for inspection and copying at the principal office of LCH SA and on LCH 
SA's Web site at http://www.lch.com/asset-classes/cdsclear. 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-LCH SA-2017-002 and 
should be submitted on or before May 2, 2017.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07178 Filed 4-10-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                17492                          Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices

                                                those that may be withheld from the                     I. Clearing Agency’s Statement of the                    technological difficulties (including
                                                public in accordance with the                           Terms of Substance of the Proposed                       purchase of a digital certificate)
                                                provisions of 5 U.S.C. 552, will be                     Rule Change, Security-Based Swap                         associated with the filing process,
                                                available for Web site viewing and                      Submission, or Advance Notice                            resulted in LCH SA not being able to
                                                printing in the Commission’s Public                        The proposed rule change will                         submit the filing on December 30, 2016,
                                                Reference Room, 100 F Street NE.,                       retroactively apply LCH SA’s recently-                   as LCH SA initially anticipated.
                                                Washington, DC 20549 on official                        revised fee schedule 5 from January 1,                      Because LCH SA had also intended
                                                business days between the hours of                      2017 through February 17, 2017, the                      the fee change to become effective by
                                                10:00 a.m. and 3:00 p.m. Copies of such                 date that the revised schedule became                    January 1, 2017 it had already gone
                                                filing also will be available for                       effective.                                               through the member consultation
                                                inspection and copying at the principal                                                                          process, meaning that members were
                                                office of the Exchange. All comments                    II. Clearing Agency’s Statement of the                   aware of the pending change in fee
                                                received will be posted without change;                 Purpose of, and Statutory Basis for, the                 structure, including the proposed
                                                the Commission does not edit personal                   Proposed Rule Change, Security-Based                     effective date of January 1, 2017.
                                                identifying information from                            Swap Submission, or Advance Notice                          Additionally, LCH SA’s national
                                                submissions. You should submit only                        In its filing with the Commission,                    competent authorities had been advised
                                                information that you wish to make                       LCH SA included statements concerning                    of the proposed fee change that had
                                                available publicly. All submissions                     the purpose of and basis for the                         already gone through the regulatory
                                                should refer to File No. SR–NASDAQ–                     proposed rule change and discussed any                   review process with the Commodity
                                                2017–030, and should be submitted on                    comments it received on the proposed                     Futures Trading Commission (‘‘CFTC’’)
                                                or before May 2, 2017.                                  rule change. The text of these statements                in a manner that would have permitted
                                                  For the Commission, by the Division of                may be examined at the places specified                  the fee change to take effect on January
                                                Trading and Markets, pursuant to delegated              in Item IV below. LCH SA has prepared                    1, 2017.6
                                                authority.8                                             summaries, set forth in sections A, B,                      In that way, the proposed fee change
                                                Eduardo A. Aleman,                                      and C below, of the most significant                     was published on LCH SA’s Web site no
                                                                                                        aspects of such statements.                              later than December 14, 2016, when it
                                                Assistant Secretary.
                                                                                                                                                                 was self-certified to the CFTC pursuant
                                                [FR Doc. 2017–07179 Filed 4–10–17; 8:45 am]             A. Clearing Agency’s Statement of the                    to CFTC Rule 40.6.
                                                BILLING CODE 8011–01–P                                  Purpose of, and Statutory Basis for, the
                                                                                                        Proposed Rule Change, Security-Based                     2. Statutory Basis
                                                                                                        Swap Submission, or Advance Notice                          LCH SA believes that the proposal is
                                                SECURITIES AND EXCHANGE                                                                                          consistent with the provisions of
                                                COMMISSION                                              1. Purpose
                                                                                                                                                                 Section 17A of the Act, in general and
                                                                                                           The purpose of the proposed rule                      in particular with Section 17A(b)(3)(D)
                                                [Release No. 34–80379; File No. SR–LCH                  change is to retroactively apply LCH                     of the Act requiring the equitable
                                                SA–2017–002]                                            SA’s recently-revised fee schedule                       allocation of reasonable dues, fees and
                                                                                                        beginning January 1, 2017.                               other charges.7
                                                Self-Regulatory Organizations; LCH                         The purpose of the CDSClear fee grid                     LCH believes that applying the fees
                                                SA; Notice of Filing and Immediate                      revisions was to: (1) Modify the annual                  retroactively is reasonable. The fees
                                                Effectiveness of Proposed Rule                          fixed fee that covers all self-clearing                  would have been applicable absent the
                                                Change To Retroactively Apply                           activity for a Clearing Member and its                   year end Commission registration as
                                                Recently-Revised Fee Schedule                           affiliates under the Unlimited Tariff, (2)               well as the technological difficulties
                                                                                                        establish an annual fixed fee for all                    LCH SA encountered with the
                                                April 5, 2017.                                          General Members that participate in the                  submission of the filing. The members
                                                   Pursuant to Section 19(b)(1) of the                  CDS Clearing Services under the                          of LCH SA were consulted in advance
                                                Securities Exchange Act of 1934                         Introductory Tariff, and (3) remove the                  and were fully aware that such fees
                                                (‘‘Act’’),1 and Rule 19b-4 thereunder,2                 volume-based discounts previously in                     were intended to be applicable by
                                                notice is hereby given that on March 30,                effect for the client clearing activities of             January 1, 2017.
                                                2017, Banque Centrale de                                the CDS Clearing Service.                                   Section 17A(b)(3)(D) of the Act
                                                Compensation, which conducts                               LCH SA was registered on December                     requires that the rules of a clearing
                                                business under the name LCH SA (‘‘LCH                   29, 2016 but had long-standing plans to                  agency provide for the equitable
                                                SA’’), filed with the Securities and                    revise the fee schedule with an intended                 allocation of reasonable dues, fees, and
                                                Exchange Commission (‘‘Commission’’)                    effective date of January 1, 2017.                       other charges.8 With respect to the
                                                the proposed rule change described in                      The need to apply the fees                            Unlimited Tariff, LCH SA has
                                                Items I and II below, which Items have                  retroactively results from being granted                 determined that the reduction in the
                                                been primarily prepared by LCH SA.                      registration on December 29, 2016, only                  Unlimited Tariff fixed fee for General
                                                LCH SA filed the proposed rule change                   one (1) full business day prior to the                   Members with respect to self-clearing
                                                pursuant to Section 19(b)(3)(A) of the                  expected effective date on January 1,                    activity on behalf of the Clearing
                                                Act,3 and Rule 19b–4(f)(6) thereunder.4                 which, when coupled with                                 Member and its affiliates is reasonable
                                                The Commission is publishing this                                                                                and appropriate given the costs and
                                                                                                           5 Changes to the fee schedule included (1) a
                                                notice to solicit comments on the                                                                                expenses to LCH SA. With CDSClear
                                                                                                        modification of the annual fixed fee that covers all
srobinson on DSK5SPTVN1PROD with NOTICES




                                                proposed rule change from interested                    self-clearing activity for a Clearing Member and its     now reaching a maturity stage in its
                                                persons.                                                affiliates under the Unlimited Tariff, (2) addition of   development and the introduction of
                                                                                                        an annual fixed fee for all General Members that         mandatory clearing of OTC derivatives
                                                  8 17                                                  participate in the CDS Clearing Services under the
                                                       CFR 200.30–3(a)(12).
                                                  1 15
                                                                                                        Introductory Tariff, and (3) removal of the volume-
                                                       U.S.C. 78s(b)(1).                                based discounts previously in effect for the client
                                                                                                                                                                   6 See http://www.cftc.gov/filings/orgrules/
                                                  2 17 CFR 240.19b–4.                                                                                            rule121516lchsadco001.pdf.
                                                                                                        clearing activities of the CDS Clearing Service. See
                                                  3 15 U.S.C. 78s(b)(3)(A).                                                                                        7 15 U.S.C. 78q–1(b)(3)(D).
                                                                                                        Securities Exchange Act Release No. 34–80114
                                                  4 17 CFR 240.19b–4(f)(6).                             (February 27, 2017), 82 FR 12481 (March 3, 2017).          8 15 U.S.C. 78q–1(b)(3)(D).




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                                                                                 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices                                                    17493

                                                in 2017, which will result in an increase                 agency not impose any burden on                          LCH SA has asked the Commission to
                                                in CDS client clearing activities, it is                  competition not necessary or                          waive the 30-day operative delay so that
                                                appropriate that the costs and expenses                   appropriate in furtherance of the                     the proposed rule change may become
                                                that LCH SA will incur in providing the                   purposes of the Act.10                                operative immediately upon filing.
                                                CDS Clearing Service are shared more                         LCH SA does not believe that the                   According to LCH SA, the proposed
                                                broadly among General Members and                         proposed retroactive application of the               retroactive application of the recently-
                                                their clients that participate in the                     fee changes from January 1, 2017 would                revised fee schedule does not
                                                service. For the same reasons, LCH SA                     impose any burden on competition.                     significantly affect the protection of
                                                has determined that the cap on self-                      LCH SA believes that the reduction in                 investors or the public interest because
                                                clearing fees, inclusive of the annual                    the annual Tariffs assessed on General                LCH SA, its members, and its other
                                                fixed fee, applicable to General                          Members with respect to self-clearing                 regulators all expected that the revised
                                                Members electing the Introductory                         activity are reasonable and appropriate,              fee schedule would apply starting on
                                                Tariff, should be lowered to the same                     as the Tariffs will apply equally to all              January 1, 2017.
                                                amount as the revised Unlimited Tariff.                   General Members that self-clear CDS                      After careful consideration, the
                                                   With respect to the annual fixed fee                   under the Unlimited Tariff.                           Commission agrees that a waiver of the
                                                for General Members under the                             Additionally, LCH SA believes that an                 30-day operative delay is appropriate
                                                Introductory Tariff, LCH SA has                           annual fixed fee for all General                      under the particular facts and
                                                determined that implementing an                           Members that participate in the CDS                   circumstances concerning this proposed
                                                annual fixed fee for all General                          Clearing Service under the Introductory               rule change. The only reason LCH SA
                                                Members that participate in the CDS                       Tariff, which fee is separate from and in             could not implement its revised fee
                                                Clearing Service under the Introductory                   addition to the self-clearing and client              schedule as planned was the
                                                Tariff (which fee is separate from and in                 clearing variable fees currently assessed,            Commission’s approval of its
                                                addition to the self-clearing and client                  is appropriate in light of the expenses               registration on December 29, 2016,
                                                clearing variable fees currently                          incurred by LCH SA in providing its                   which did not leave LCH SA sufficient
                                                assessed), is reasonable and appropriate                  services. Further, LCH SA believes that               time to satisfy all of the technical
                                                given the costs and expenses to LCH SA                    removing the volume-based discounts                   requirements to file proposed rule
                                                in providing the services to General                      for CDS client clearing activities is                 changes with the Commission.
                                                Members. The fee assures that all                         reasonable and appropriate, as the                    Moreover, the Commission notes that
                                                General Members that benefit from the                     clearing fees will apply equally to all               the retroactive fee change will have no
                                                CDS Clearing Service pay an                               clients that participate in the CDS                   impact on U.S. customers or members,
                                                appropriate fee for such services, such                   Clearing Service.                                     further lessening any investor protection
                                                as being consulted on potential rules,                       The retroactive application of the fee             or public interest concerns associated
                                                product and service changes, as well as                   changes will apply to all CDSClear                    with the retroactive application of a fee
                                                benefiting from unlimited support for                     members and will not adversely affect                 schedule to the date all parties expected
                                                product and system training and testing,                  their ability to engage in cleared                    it would become effective. Accordingly,
                                                without regard to whether such General                    transactions or to access clearing                    the Commission designates the
                                                Members engage in CDS clearing                            services.                                             proposed rule change to be operative
                                                activities. The proposed rule changes,                                                                          upon filing.13
                                                therefore, are consistent with the                        C. Clearing Agency’s Statement on                        At any time within 60 days of the
                                                requirements of Section 17A of the Act 9                  Comments on the Proposed Rule                         filing of the proposed rule change, the
                                                and regulations thereunder applicable to                  Change Received From Members,                         Commission summarily may
                                                it, because they provide for the                          Participants or Others                                temporarily suspend such rule change if
                                                equitable allocation of reasonable fees,                    Written comments relating to the                    it appears to the Commission that such
                                                dues, and other charges among clearing                    proposed rule change have not been                    action is necessary or appropriate in the
                                                members and market participants by                        solicited or received. LCH SA will                    public interest, for the protection of
                                                ensuring that General Members and                         notify the Commission of any written                  investors, or otherwise in furtherance of
                                                their clients pay reasonable fees and                     comments received.                                    the purposes of the Act.
                                                dues for the services that LCH SA
                                                                                                          III. Date of Effectiveness of the                     IV. Solicitation of Comments
                                                provides.
                                                   With respect to the removal of                         Proposed Rule Change and Timing for                     Interested persons are invited to
                                                volume-based discounts, LCH SA has                        Commission Action                                     submit written data, views, and
                                                determined that removing the volume-                         Because the foregoing proposed rule                arguments concerning the foregoing,
                                                based discounts for CDS client clearing                   change does not (i) significantly affect              including whether the proposed rule
                                                activities is reasonable and appropriate                  the protection of investors or the public             change is consistent with the Act.
                                                given the costs and expenses to LCH SA                    interest; (ii) impose any significant                 Comments may be submitted by any of
                                                in providing such services. The                           burden on competition; and (iii) become               the following methods:
                                                elimination of volume-based discounts                     operative for 30 days from the date on                Electronic Comments
                                                will assure that clients pay an                           which it was filed, or such shorter time
                                                appropriate proportionate share of the                    as the Commission may designate, if                     • Use the Commission’s Internet
                                                costs and expenses that LCH SA will                       consistent with the protection of                     comment form (http://www.sec.gov/
                                                incur in providing the CDS Clearing                       investors and the public interest, the                rules/sro.shtml) or
                                                                                                                                                                  • Send an email to rule-comments@
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Service.                                                  proposed rule change has become
                                                                                                          effective pursuant to Section                         sec.gov. Please include File Number SR–
                                                B. Clearing Agency’s Statement on                                                                               LCH SA–2017–002 on the subject line.
                                                                                                          19(b)(3)(A) 11 of the Act and Rule 19b–
                                                Burden on Competition
                                                                                                          4(f)(6) thereunder.12                                    13 For purposes only of waiving the 30-day
                                                  Section 17A(b)(3)(I) of the Act
                                                                                                                                                                operative delay, the Commission has also
                                                requires that the rules of a clearing                       10 15 U.S.C. 78q–1(b)(3)(I).                        considered the proposed rule’s impact on
                                                                                                            11 15 U.S.C. 78s(b)(3)(A).                          efficiency, competition, and capital formation. See
                                                  9 15   U.S.C. 78q–1.                                      12 17 CFR 240.19b–4(f)(6).                          15 U.S.C. 78c(f).



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                                                17494                            Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices

                                                Paper Comments                                                  100 F Street NE., Washington, DC                 Commission, including whether the
                                                                                                                20549–27363                                      information shall have practical utility;
                                                  • Send paper comments in triplicate                                                                            (b) the accuracy of the Commission’s
                                                to Secretary, Securities and Exchange                     Extension:
                                                                                                            Rule 17a–2, SEC File No. 270–189, OMB                estimates of the burden of the proposed
                                                Commission, 100 F Street NE.,                                                                                    collection of information; (c) ways to
                                                                                                              Control No. 3235–0201
                                                Washington, DC 20549–1090.                                                                                       enhance the quality, utility, and clarity
                                                                                                             Notice is hereby given that pursuant
                                                All submissions should refer to File                      to the Paperwork Reduction Act of 1995                 of the information to be collected; and
                                                Number SR–LCH SA–2017–002. This                           (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the                (d) ways to minimize the burden of the
                                                file number should be included on the                     Securities and Exchange Commission                     collection of information on
                                                subject line if email is used. To help the                (‘‘Commission’’) is soliciting comments                respondents, including through the use
                                                Commission process and review your                        on the existing collection of information              of automated collection techniques or
                                                comments more efficiently, please use                     provided for in Rule 17a–2 (17 CFR                     other forms of information technology.
                                                only one method. The Commission will                      240.17a–2), under the Securities                       Consideration will be given to
                                                post all comments on the Commission’s                     Exchange Act of 1934 (15 U.S.C. 78a et                 comments and suggestions submitted in
                                                Internet Web site (http://www.sec.gov/                    seq.). The Commission plans to submit                  writing within 60 days of this
                                                rules/sro.shtml). Copies of the                           this existing collection of information to             publication.
                                                submission, all subsequent                                the Office of Management and Budget                      An agency may not conduct or
                                                amendments, all written statements                        (‘‘OMB’’) for extension and approval.                  sponsor, and a person is not required to
                                                with respect to the proposed rule                            Rule 17a–2—Recordkeeping                            respond to, a collection of information
                                                change that are filed with the                            Requirements Relating to Stabilizing                   unless it displays a currently valid OMB
                                                Commission, and all written                               Activities—requires underwriters to                    control number.
                                                communications relating to the                            maintain information regarding                           Please direct your written comments
                                                proposed rule change between the                          stabilizing activities conducted in                    to: Pamela Dyson, Director/Chief
                                                Commission and any person, other than                     accordance with Rule 104 of Regulation                 Information Officer, Securities and
                                                those that may be withheld from the                       M. The collections of information under                Exchange Commission, c/o Remi Pavlik-
                                                public in accordance with the                             Regulation M and Rule 17a–2 are                        Simon, 100 F Street NE., Washington,
                                                provisions of 5 U.S.C. 552, will be                       necessary for covered persons to obtain                DC 20549 or send an email to:
                                                available for Web site viewing and                        certain benefits or to comply with                     PRA_Mailbox@sec.gov.
                                                printing in the Commission’s Public                       certain requirements. The collections of
                                                Reference Room, 100 F Street NE.,                                                                                  Dated: April 6, 2017.
                                                                                                          information are necessary to provide the
                                                Washington, DC 20549, on official                                                                                Eduardo A. Aleman,
                                                                                                          Commission with information regarding
                                                business days between the hours of                        syndicate covering transactions and                    Assistant Secretary.
                                                10:00 a.m. and 3:00 p.m. Copies of such                   penalty bids. The Commission may                       [FR Doc. 2017–07250 Filed 4–10–17; 8:45 am]
                                                filings will also be available for                        review this information during periodic                BILLING CODE 8011–01–P
                                                inspection and copying at the principal                   examinations or with respect to
                                                office of LCH SA and on LCH SA’s Web                      investigations. Except for the
                                                site at http://www.lch.com/asset-                         information required to be kept under
                                                classes/cdsclear. All comments received                   Rule 104(i) (17 CFR 242.104(i)) and Rule               SOCIAL SECURITY ADMINISTRATION
                                                will be posted without change; the                        17a–2(c), none of the information
                                                Commission does not edit personal                         required to be collected or disclosed for              [Docket No: SSA–2017–0017]
                                                identifying information from                              PRA purposes will be kept confidential.
                                                submissions. You should submit only                       The recordkeeping requirement of Rule                  Agency Information Collection
                                                information that you wish to make                         17a–2 requires the information be                      Activities: Proposed Request
                                                available publicly.                                       maintained in a separate file, or in a
                                                   All submissions should refer to File                   separately retrievable format, for a                      The Social Security Administration
                                                Number SR–LCH SA–2017–002 and                             period of three years, the first two years             (SSA) publishes a list of information
                                                should be submitted on or before May                      in an easily accessible place, consistent              collection packages requiring clearance
                                                2, 2017.                                                  with the requirements of Exchange Act                  by the Office of Management and
                                                                                                          Rule 17a–4(f) (17 CFR 240.17a–4(f)).                   Budget (OMB) in compliance with
                                                  For the Commission, by the Division of
                                                Trading and Markets, pursuant to delegated                   There are approximately 716                         Public Law 104–13, the Paperwork
                                                authority.14                                              respondents per year that require an                   Reduction Act of 1995, effective October
                                                Eduardo A. Aleman,                                        aggregate total of 3,580 hours to comply               1, 1995. This notice includes revisions
                                                                                                          with this rule. Each respondent makes                  of OMB-approved information
                                                Assistant Secretary.
                                                                                                          an estimated 1 annual response. Each                   collections.
                                                [FR Doc. 2017–07178 Filed 4–10–17; 8:45 am]
                                                                                                          response takes approximately 5 hours to                   SSA is soliciting comments on the
                                                BILLING CODE 8011–01–P
                                                                                                          complete. Thus, the total compliance                   accuracy of the agency’s burden
                                                                                                          burden per year is 3,580 burden hours.                 estimate; the need for the information;
                                                SECURITIES AND EXCHANGE                                   The total estimated internal compliance                its practical utility; ways to enhance its
                                                COMMISSION                                                cost for the respondents is                            quality, utility, and clarity; and ways to
                                                                                                          approximately $232,700, resulting in an                minimize burden on respondents,
                                                                                                          internal cost of compliance for each                   including the use of automated
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Proposed Collection; Comment
                                                Request                                                   respondent per response of                             collection techniques or other forms of
                                                                                                          approximately $325.00 (i.e.,                           information technology. Mail, email, or
                                                Upon Written Request, Copies Available                    $232,700.00/716 responses).                            fax your comments and
                                                 From: Securities and Exchange                               Written comments are invited on: (a)                recommendations on the information
                                                 Commission, Office of FOIA Services,                     Whether the proposed collection of                     collection(s) to the OMB Desk Officer
                                                                                                          information is necessary for the proper                and SSA Reports Clearance Officer at
                                                  14 17   CFR 200.30–3(a)(12).                            performance of the functions of the                    the following addresses or fax numbers.


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Document Created: 2017-04-11 00:48:47
Document Modified: 2017-04-11 00:48:47
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 17492 

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