82_FR_22134 82 FR 22044 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Withdrawal of a Proposed Rule Change To Add New MSRB Rule G-49, on Transactions Below the Minimum Denomination of an Issue, to the Rules of the MSRB, and To Rescind Paragraph (f), on Minimum Denominations, From MSRB Rule G-15

82 FR 22044 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Withdrawal of a Proposed Rule Change To Add New MSRB Rule G-49, on Transactions Below the Minimum Denomination of an Issue, to the Rules of the MSRB, and To Rescind Paragraph (f), on Minimum Denominations, From MSRB Rule G-15

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 90 (May 11, 2017)

Page Range22044-22045
FR Document2017-09526

Federal Register, Volume 82 Issue 90 (Thursday, May 11, 2017)
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22044-22045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09526]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80610; File No. SR-MSRB-2017-01]


Self-Regulatory Organizations; Municipal Securities Rulemaking 
Board; Notice of Withdrawal of a Proposed Rule Change To Add New MSRB 
Rule G-49, on Transactions Below the Minimum Denomination of an Issue, 
to the Rules of the MSRB, and To Rescind Paragraph (f), on Minimum 
Denominations, From MSRB Rule G-15

May 5, 2017.
    On January 24, 2017, the Municipal Securities Rulemaking Board 
(``MSRB'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (the ``Exchange Act'' or ``Act'') \1\ and Rule 
19b-4 thereunder,\2\ a proposed rule change to add new MSRB Rule G-49, 
on transactions below the minimum denomination of an issue, to the 
rules of the MSRB, and, in MSRB Rule G-15, on confirmation, clearance, 
settlement, and other uniform practice requirements with respect to 
transactions with customers, to rescind paragraph (f), on minimum 
denominations. The proposed rule change was published for comment in 
the Federal Register on February 9, 2017.\3\ The Commission received 
four comment letters on the proposal.\4\ On March 21, 2017, pursuant to 
Section 19(b)(2) of the Exchange Act,\5\ the MSRB

[[Page 22045]]

granted an extension of time for the Commission to act on this filing 
until May 10, 2017. On May 1, 2017, the MSRB withdrew the proposed rule 
change (SR-MSRB-2017-01).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79978 (February 6, 
2017), 82 FR 10123.
    \4\ See letters from Leslie M. Norwood, Managing Director and 
Associate General Counsel, Securities Industry and Financial Markets 
Association, dated March 2, 2017; Mike Nichols, Chief Executive 
Officer, Bond Dealers of America, dated March 2, 2017; Paige W. 
Pierce, President and Chief Executive Officer, RW Smith, dated March 
3, 2017; and James J. Angel, Associate Professor of Finance, 
Georgetown University, McDonough School of Business, dated March 7, 
2017.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission, pursuant to delegated authority.\6\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09526 Filed 5-10-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    22044                           Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices

                                                    so, by whom and how often. The                            Interested persons are invited to                   should refer to File Number SR–
                                                    Commission seeks commenters’ views                      submit written data, views, and                       NYSEArca–2017–05 and should be
                                                    on the sufficiency of the Exchange’s                    arguments regarding whether the                       submitted on or before June 12, 2017
                                                    discussion regarding dissemination of                   proposal should be approved or                        Rebuttal comments should be submitted
                                                    the value of the Benchmark on which                     disapproved by June 12, 2017. Any                     by June 26, 2017.
                                                    the investment objectives of the Funds                  person who wishes to file a rebuttal to                 For the Commission, by the Division of
                                                    are based.                                              any other person’s submission must file               Trading and Markets, pursuant to delegated
                                                       Furthermore, in its filing the                       that rebuttal by June 26, 2017. The                   authority.29
                                                    Exchange fails to include a                             Commission asks that commenters                       Eduardo A. Aleman,
                                                    representation that all statements and                  address the sufficiency of the                        Assistant Secretary.
                                                    representations in the proposal                         Exchange’s statements in support of the               [FR Doc. 2017–09522 Filed 5–10–17; 8:45 am]
                                                    regarding the applicability of Exchange                 proposal, which are set forth in the                  BILLING CODE 8011–01–P
                                                    listing rules specified in the proposal                 Notice,28 in addition to any other
                                                    shall constitute continued listing                      comments they may wish to submit
                                                    requirements for listing the Shares on                  about the proposed rule change.                       SECURITIES AND EXCHANGE
                                                    the Exchange.26 The Commission seeks                      Comments may be submitted by any                    COMMISSION
                                                    commenter’s views on whether the                        of the following methods:
                                                    Exchange’s statements in the filing                                                                           [Release No. 34–80610; File No. SR–MSRB–
                                                                                                            Electronic Comments                                   2017–01]
                                                    relating to the applicability of continued
                                                    listing requirements for listing and                      • Use the Commission’s Internet
                                                                                                            comment form (http://www.sec.gov/                     Self-Regulatory Organizations;
                                                    trading of the Shares on the Exchange                                                                         Municipal Securities Rulemaking
                                                    are sufficient to support a determination               rules/sro.shtml); or
                                                    that the listing and trading of the Shares                • Send an email to rule-comments@                   Board; Notice of Withdrawal of a
                                                                                                            sec.gov. Please include File Number SR–               Proposed Rule Change To Add New
                                                    would be consistent with Section 6(b)(5)                                                                      MSRB Rule G–49, on Transactions
                                                                                                            NYSEArca–2017–05 on the subject line.
                                                    of the Act.                                                                                                   Below the Minimum Denomination of
                                                                                                            Paper Comments                                        an Issue, to the Rules of the MSRB,
                                                    IV. Procedure: Request for Written
                                                    Comments                                                   • Send paper comments in triplicate                and To Rescind Paragraph (f), on
                                                                                                            to Secretary, Securities and Exchange                 Minimum Denominations, From MSRB
                                                       The Commission requests that                                                                               Rule G–15
                                                                                                            Commission, 100 F Street NE.,
                                                    interested persons provide written
                                                                                                            Washington, DC 20549–1090.
                                                    submissions of their views, data, and                                                                         May 5, 2017.
                                                    arguments with respect to the issues                    All submissions should refer to File                     On January 24, 2017, the Municipal
                                                    identified above, as well as any other                  Numbers SR–NYSEArca–2017–05. This                     Securities Rulemaking Board (‘‘MSRB’’)
                                                    concerns they may have with the                         file number should be included on the                 filed with the Securities and Exchange
                                                    proposal. In particular, the Commission                 subject line if email is used. To help the            Commission (‘‘Commission’’), pursuant
                                                    invites the written views of interested                 Commission process and review your                    to Section 19(b)(1) of the Securities
                                                                                                            comments more efficiently, please use
                                                    persons concerning whether the                                                                                Exchange Act of 1934 (the ‘‘Exchange
                                                                                                            only one method. The Commission will
                                                    proposal is consistent with Section                                                                           Act’’ or ‘‘Act’’) 1 and Rule 19b–4
                                                                                                            post all comments on the Commission’s
                                                    6(b)(5) or any other provision of the Act,                                                                    thereunder,2 a proposed rule change to
                                                                                                            Internet Web site (http://www.sec.gov/
                                                    or the rules and regulations thereunder.                                                                      add new MSRB Rule G–49, on
                                                                                                            rules/sro.shtml). Copies of the
                                                    Although there do not appear to be any                                                                        transactions below the minimum
                                                                                                            submission, all subsequent
                                                    issues relevant to approval or                                                                                denomination of an issue, to the rules of
                                                                                                            amendments, all written statements
                                                    disapproval that would be facilitated by                                                                      the MSRB, and, in MSRB Rule G–15, on
                                                                                                            with respect to the proposed rule
                                                    an oral presentation of views, data, and                                                                      confirmation, clearance, settlement, and
                                                                                                            change that are filed with the
                                                    arguments, the Commission will                                                                                other uniform practice requirements
                                                                                                            Commission, and all written
                                                    consider, pursuant to Rule 19b-4, any                                                                         with respect to transactions with
                                                                                                            communications relating to the
                                                    request for an opportunity to make an                                                                         customers, to rescind paragraph (f), on
                                                                                                            proposed rule change between the
                                                    oral presentation.27                                                                                          minimum denominations. The proposed
                                                                                                            Commission and any person, other than
                                                                                                                                                                  rule change was published for comment
                                                                                                            those that may be withheld from the
                                                       26 The Commission notes that the Exchange has
                                                                                                                                                                  in the Federal Register on February 9,
                                                    made this representation in other proposed rule         public in accordance with the
                                                                                                                                                                  2017.3 The Commission received four
                                                    changes to list and trade Trust Issued Receipts. See,   provisions of 5 U.S.C. 552, will be
                                                    e.g., Amendment No. 1 to Securities Exchange Act                                                              comment letters on the proposal.4 On
                                                                                                            available for Web site viewing and
                                                    Release No. 79917 (February 1, 2017), 82 FR 9620                                                              March 21, 2017, pursuant to Section
                                                                                                            printing in the Commission’s Public
                                                    (February 7, 2017) (SR–NYSEArca-2017–07),                                                                     19(b)(2) of the Exchange Act,5 the MSRB
                                                    available at: https://www.sec.gov/comments/sr-          Reference Room, 100 F Street NE.,
                                                    nysearca-2017-07/nysearca201707-1630210-                Washington, DC 20549, on official                       29 17 CFR 200.30–3(a)(57).
                                                    137426.pdf; Amendment No. 2 to Securities               business days between the hours of                      1 15
                                                    Exchange Act Release No. 79742 (January 5, 2017),                                                                    U.S.C. 78s(b)(1).
                                                    82 FR 3366 (January 11, 2017) (SR–NYSEArca–
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of the                  2 17 CFR 240.19b–4.

                                                    2016–173), available at: https://www.sec.gov/           filing also will be available for                       3 See Securities Exchange Act Release No. 79978

                                                    comments/sr-nysearca-2016-173/nysearca2016173-          inspection and copying at the principal               (February 6, 2017), 82 FR 10123.
                                                    1678044-149322.pdf.                                                                                             4 See letters from Leslie M. Norwood, Managing
                                                                                                            office of the Exchange. All comments
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       27 Section 19(b)(2) of the Act, as amended by the                                                          Director and Associate General Counsel, Securities
                                                                                                            received will be posted without change;               Industry and Financial Markets Association, dated
                                                    Securities Act Amendments of 1975, Pub. L. 94–29
                                                    (June 4, 1975), grants the Commission flexibility to    the Commission does not edit personal                 March 2, 2017; Mike Nichols, Chief Executive
                                                    determine what type of proceeding—either oral or        identifying information from                          Officer, Bond Dealers of America, dated March 2,
                                                    notice and opportunity for written comments—is          submissions. You should submit only                   2017; Paige W. Pierce, President and Chief
                                                    appropriate for consideration of a particular                                                                 Executive Officer, RW Smith, dated March 3, 2017;
                                                                                                            information that you wish to make                     and James J. Angel, Associate Professor of Finance,
                                                    proposal by a self-regulatory organization. See
                                                    Securities Act Amendments of 1975, Senate Comm.         available publicly. All submissions                   Georgetown University, McDonough School of
                                                    on Banking, Housing & Urban Affairs, S. Rep. No.                                                              Business, dated March 7, 2017.
                                                    75, 94th Cong., 1st Sess. 30 (1975).                     28 See   supra note 4.                                 5 15 U.S.C. 78s(b)(2).




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                                                                                   Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices                                                     22045

                                                    granted an extension of time for the                    at www.batstrading.com, at the                        clearance and settlement of any
                                                    Commission to act on this filing until                  principal office of the Exchange, and at              transactions executed by the Member on
                                                    May 10, 2017. On May 1, 2017, the                       the Commission’s Public Reference                     the Exchange.
                                                    MSRB withdrew the proposed rule                         Room.                                                    Thus, while not all Members are
                                                    change (SR–MSRB–2017–01).                                                                                     Clearing Members, all Members are
                                                                                                            II. Self-Regulatory Organization’s                    required to either clear their own
                                                      For the Commission, pursuant to delegated             Statement of the Purpose of, and
                                                    authority.6                                                                                                   transactions or to have in place a
                                                                                                            Statutory Basis for, the Proposed Rule                relationship with a Clearing Member’s
                                                    Eduardo A. Aleman,                                      Change
                                                    Assistant Secretary.
                                                                                                                                                                  that has agreed to clear transactions on
                                                                                                               In its filing with the Commission, the             their behalf (or on behalf of any
                                                    [FR Doc. 2017–09526 Filed 5–10–17; 8:45 am]
                                                                                                            Exchange included statements                          Sponsored Participants 8 for which the
                                                    BILLING CODE 8011–01–P                                  concerning the purpose of and basis for               Member is a Sponsoring Member 9) in
                                                                                                            the proposed rule change and discussed                order to conduct business on the
                                                                                                            any comments it received on the                       Exchange. Each Member that transacts
                                                    SECURITIES AND EXCHANGE                                 proposed rule change. The text of these               through a Clearing Member on the
                                                    COMMISSION                                              statements may be examined at the                     Exchange is required to execute a Letter
                                                    [Release No. 34–80611; File No. SR–                     places specified in Item IV below. The                of Guarantee which codifies the
                                                    BatsBZX–2017–24]                                        Exchange has prepared summaries, set                  relationship between the Member and
                                                                                                            forth in Sections A, B, and C below, of               the Clearing Member as it relates to the
                                                    Self-Regulatory Organizations; Bats                     the most significant parts of such                    Exchange, and provides the Exchange
                                                    BZX Exchange, Inc.; Notice of Filing                    statements.                                           with notice of which Clearing Members
                                                    and Immediate Effectiveness of a                                                                              have relationships with which
                                                    Proposed Rule Change to Rule 11.15 of                   A. Self-Regulatory Organization’s
                                                                                                            Statement of the Purpose of, and the                  Members. Because the Clearing Member
                                                    Bats BZX Exchange, Inc. To Authorize                                                                          that guarantees the Member’s
                                                    the Exchange To Share a User’s Risk                     Statutory Basis for, the Proposed Rule
                                                                                                            Change                                                transactions on the Exchange has a
                                                    Settings With the Clearing Member                                                                             financial interest in understanding the
                                                    That Clears Transactions on Behalf of                   1. Purpose                                            risk settings utilized within the
                                                    the User                                                                                                      System 10 by the Member, the Exchange
                                                                                                               The Exchange is proposing to update
                                                    May 5, 2017.                                            Rule 11.15, Clearance and Settlement;                 is proposing to amend Rule 11.15 to
                                                       Pursuant to Section 19(b)(1) of the                  Anonymity, to authorize the Exchange                  authorize the Exchange to share any of
                                                    Securities Exchange Act of 1934 (the                    to share any of the User’s risk settings              the User’s risk settings (as described
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  with the Clearing Member that clears                  below) with the Clearing Member that
                                                    notice is hereby given that on April 24,                transactions on behalf of the User, and               clears transactions on behalf of the User.
                                                    2017, Bats BZX Exchange, Inc. (the                      to capitalize the term ‘‘Clearing                     The proposal would provide the
                                                    ‘‘Exchange’’ or ‘‘BZX’’) filed with the                 Member’’.                                             Exchange with authority to directly
                                                    Securities and Exchange Commission                         Current Exchange Rule 11.15 requires               provide Clearing Members with
                                                    (‘‘Commission’’) the proposed rule                      that all transactions passing through the             information that would otherwise be
                                                    change as described in Items I and II                   facilities of the Exchange shall be                   available to such Clearing Members by
                                                    below, which Items have been prepared                   cleared and settled through a Qualified               virtue of their relationship with the
                                                    by the Exchange. The Exchange has                       Clearing Agency 6 using a continuous                  respective Users (i.e., such Clearing
                                                    designated this proposal as a ‘‘non-                    net settlement system. This requirement               Members could instead require each
                                                    controversial’’ proposed rule change                    may be satisfied by direct participation,             User to provide such information as a
                                                    pursuant to Section 19(b)(3)(A) of the                  use of direct clearing services, or by                condition to continuing to clear
                                                    Act 3 and Rule 19b–4(f)(6) thereunder,4                 entry into a correspondent clearing                   transactions for such Users). At this
                                                    which renders it effective upon filing                  arrangement with another Member that                  time, the Exchange offers a variety of
                                                    with the Commission. The Commission                     clears trades through a Qualified                     risk settings related to the size of an
                                                    is publishing this notice to solicit                    Clearing Agency (‘‘Clearing Member’’).                order (e.g., maximum notional value per
                                                    comments on the proposed rule change                    Rule 11.15 provides that if a Member                  order and maximum shares per order),
                                                    from interested persons.                                clears transactions through another                   the order type (e.g., pre-market, post-
                                                                                                            Member that is a Clearing Member,7                    market, short sales and ISOs), restricted
                                                    I. Self-Regulatory Organization’s                                                                             securities, easy to borrow securities, and
                                                    Statement of the Terms of Substance of                  such Clearing Member shall affirm to
                                                    the Proposed Rule Change                                the Exchange in writing, through letter                 8 A Sponsored Participant is defined as ‘‘a person
                                                                                                            of authorization, letter of guarantee or              which has entered into a sponsorship arrangement
                                                       The Exchange filed a proposal to                     other agreement acceptable to the                     with a Sponsoring Member pursuant to Rule 11.3.’’
                                                    amend Rule 11.15 to authorize the                       Exchange, its agreement to assume                     See Exchange Rule 1.5(x).
                                                    Exchange to share a User’s 5 risk settings              responsibility for clearing and settling                9 A Sponsoring Member is defined as ‘‘a broker-

                                                    with the Clearing Member that clears                    any and all trades executed by the                    dealer that has been issued a membership by the
                                                    transactions on behalf of the User.                                                                           Exchange who has been designated by a Sponsored
                                                                                                            Member designating it as its clearing                 Participant to execute, clear and settle transactions
                                                       The text of the proposed rule change                 firm. The rules of any such clearing                  resulting from the System. The Sponsoring Member
                                                    is available at the Exchange’s Web site                 agency shall govern with respect to the               shall be either (i) a clearing firm with membership
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  in a clearing agency registered with the Commission
                                                      6 17 CFR 200.30–3(a)(12).                                                                                   that maintains facilities through which transactions
                                                                                                               6 Qualified Clearing Agency is defined as ‘‘a
                                                      1 15                                                                                                        may be cleared or (ii) a correspondent firm with a
                                                           U.S.C. 78s(b)(1).                                clearing agency registered with the Commission
                                                      2 17 CFR 240.19b–4.
                                                                                                                                                                  clearing arrangement with any such clearing firm.’’
                                                                                                            pursuant to Section 17A of the Act that is deemed     See Exchange Rule 1.5(y).
                                                      3 15 U.S.C. 78s(b)(3)(A).
                                                                                                            qualified by the Exchange.’’ See Exchange Rule          10 System is defined as ‘‘the electronic
                                                      4 17 CFR 240.19b–4(f)(6).                             1.5(u).                                               communications and trading facility designated by
                                                      5 A User is defined as ‘‘any Member or Sponsored         7 The Exchange notes that it also proposes to      the Board through which securities orders of Users
                                                    Participant who is authorized to obtain access to the   amend Rule 11.15(a) to capitalize the term            are consolidated for ranking, execution and, when
                                                    System pursuant to Rule 11.3.’’ See Exchange Rule       ‘‘Clearing Member’’ to ensure consistency within      applicable, routing away.’’ See Exchange Rule
                                                    1.5(cc).                                                Exchange Rules.                                       1.5(aa).



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Document Created: 2017-05-11 00:15:15
Document Modified: 2017-05-11 00:15:15
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 22044 

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