82_FR_29038 82 FR 28917 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Implementation Date for Trade Modifiers When Reporting Transactions in U.S. Treasury Securities

82 FR 28917 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Implementation Date for Trade Modifiers When Reporting Transactions in U.S. Treasury Securities

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 121 (June 26, 2017)

Page Range28917-28919
FR Document2017-13230

Federal Register, Volume 82 Issue 121 (Monday, June 26, 2017)
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Pages 28917-28919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13230]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80975; File No. SR-FINRA-2017-018]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to the Implementation Date for Trade 
Modifiers When Reporting Transactions in U.S. Treasury Securities

June 20, 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 June 12, 2017, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by FINRA. FINRA filed the 
proposed rule change pursuant to Section 19(b)(3)(A)(iii) 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to establish an implementation date for certain 
trade modifiers required on trade reports to the Transaction Reporting 
and Compliance Engine (``TRACE'') involving U.S. Treasury Securities. 
The proposed rule change does not make any changes to the text of FINRA 
rules.

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

    In its filing with the Commission, FINRA included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. FINRA has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On October 18, 2016, the Commission approved a proposed rule change 
to require FINRA members to report certain transactions in U.S. 
Treasury Securities to TRACE.\5\ The new rules included two new trade 
modifiers, which are described below, for use on certain types of 
trades in U.S. Treasury Securities reported to TRACE. On October 19, 
2016, FINRA announced that the reporting requirements would

[[Page 28918]]

be implemented beginning July 10, 2017; however, FINRA noted that, 
although the two new trade modifiers could be used by members when 
reporting trades beginning on July 10, 2017, FINRA would announce at a 
later time when the modifiers would be required.\6\ The current 
proposed rule change establishes February 5, 2018, as the 
implementation date for the two new modifiers.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 79116 (October 18, 
2016), 81 FR 73167 (October 24, 2016) (Notice of Filing of Amendment 
No. 1 and Order Granting Accelerated Approval of File No. SR-FINRA-
2016-027) (``Original Filing''). The Original Filing stated that the 
implementation date for the new rules would be no later than 365 
days following Commission approval. FINRA is filing the current 
proposed rule change to extend the implementation date for the trade 
modifiers beyond the 365-day period set forth in the Original 
Filing.
    \6\ See Regulatory Notice 16-39 (October 2016).
---------------------------------------------------------------------------

    The Original Filing amended the TRACE rules to require that 
transactions in U.S. Treasury Securities, as defined in Rule 6710, be 
reported to TRACE. To effectuate this requirement, the Original Filing 
amended the definition of ``TRACE-Eligible Security'' to include U.S. 
Treasury Securities and amended the definition of ``U.S. Treasury 
Security'' to exclude savings bonds. The term ``U.S. Treasury 
Securities'' therefore includes Treasury bills, notes, and bonds, as 
well as separate principal and interest components of a U.S. Treasury 
Security separated pursuant to the Separate Trading of Registered 
Interest and Principal of Securities (STRIPS) program operated by the 
Treasury Dept.\7\
---------------------------------------------------------------------------

    \7\ The STRIPS program is a program operated by the Treasury 
Dept. under which eligible securities are authorized to be separated 
into principal and interest components and transferred separately. 
See 31 CFR 356.2; see generally 31 CFR 356.31 (providing details on 
how the STRIPS program works).
---------------------------------------------------------------------------

    The Original Filing also included amendments to Rule 6730 to 
require the use of two new modifiers, when applicable, to reported 
transactions in U.S. Treasury Securities. When proposing the rule, 
FINRA noted that transactions in U.S. Treasury Securities that are 
executed as part of larger trading strategies can often be priced away 
from the current market for legitimate reasons.\8\ FINRA therefore 
adopted two new modifiers to require members to indicate that 
particular transactions are part of larger trading strategies.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 78359 (July 19, 
2016), 81 FR 48465, 48468 (July 25, 2016) (Notice of Filing of SR-
FINRA-2016-027).
---------------------------------------------------------------------------

    First, the amendments require that members append a ``.B'' modifier 
to a trade report if the transaction being reported is part of a series 
of transactions where at least one of the transactions involves a 
futures contract (e.g., a ``basis'' trade). Second, the amendments 
require that members append a ``.S'' modifier to a trade report if the 
transaction being reported is part of a series of transactions and may 
not be priced based on the current market (e.g., a fixed price 
transaction in an ``on-the-run'' security as part of a transaction in 
an ``off-the-run'' security).
    FINRA noted that the use of these modifiers on TRACE trade reports 
involving U.S. Treasury Securities will allow FINRA to better 
understand and evaluate execution prices for specific transactions that 
may otherwise appear aberrant if, for example, they are significantly 
outside of the price range for that security at that time. Among other 
things, these modifiers should reduce the number of false positive 
results that could be generated through automated surveillance patterns 
that include the price as part of the pattern.
    As noted above, the new TRACE reporting requirements for U.S. 
Treasury Securities are scheduled to be implemented beginning July 10, 
2017,\9\ and the proposed rule change establishes February 5, 2018, as 
the implementation date for the two new modifiers.
---------------------------------------------------------------------------

    \9\ See Regulatory Notice 16-39 (October 2016).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate 
effectiveness. The implementation date will be February 5, 2018.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\10\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. Based on discussions with multiple FINRA members, 
FINRA believes that providing members with an additional six months 
after the implementation of the new TRACE requirements to report 
transactions in U.S. Treasury Securities to report the trade modifiers 
on applicable transactions will give them sufficient time to program 
systems to comply with the requirement.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.
    As noted in the Original Filing, the new modifiers may introduce 
additional complexity to the proposed reporting, as traders at FINRA-
member firms must apply the modifiers correctly and consistently to 
ensure meaningful data collection. FINRA noted that, in discussions 
with market participants, larger firms, for example, indicated that 
U.S. Treasury Securities are typically traded across many desks within 
the firm and this increases compliance costs because the new modifiers 
need to be identified by individual traders, as they are uniquely 
situated to know whether a specific trade is associated with a cross-
instrument strategy that would require the modifier.\11\ Some firms 
also suggested that it may be difficult for a trader to know at the 
time of a trade whether it is part of a cross-instrument strategy, thus 
increasing complexity and their regulatory risk. When proposing the 
requirements, FINRA noted that it planned to phase in the modifiers to 
simplify the immediate implementation of the proposed rule change and 
provide firms additional time to make the necessary changes to 
implement the new modifiers.\12\ The proposed rule change is consistent 
with these representations and provides firms with additional time 
after they begin reporting transactions in U.S. Treasury Securities to 
TRACE to implement the requirement to append modifiers if applicable.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 78359 (July 19, 
2016), 81 FR 48465, 48471 (July 25, 2016).
    \12\ See id. at 48469, n.25; see also Original Filing, supra 
note 5, at 73170.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    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, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to provide the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. FINRA 
complied with this requirement.
---------------------------------------------------------------------------

    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

[[Page 28919]]

action is necessary or appropriate in the public interest, for the 
protection of investors, or otherwise in furtherance of the purposes of 
the Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-FINRA-2017-018 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-FINRA-2017-018. 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 filing also will be available 
for inspection and copying at the principal office of FINRA. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-FINRA-2017-018, and should 
be submitted on or before July 17, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13230 Filed 6-23-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices                                                     28917

                                                concerning Potential Co-Investment                      banks having the qualifications                         Authority, Inc. (‘‘FINRA’’) filed with the
                                                Transactions and Co-Investment                          prescribed in section 26(a)(1) of the Act,              Securities and Exchange Commission
                                                Transactions, including investments                     and the account will earn a competitive                 (‘‘Commission’’) the proposed rule
                                                made by other Regulated Funds or                        rate of interest that will also be divided              change as described in Items I and II
                                                Affiliated Funds that the Regulated                     pro rata among the participating                        below, which Items have been prepared
                                                Fund considered but declined to                         Regulated Funds and Affiliated Funds                    by FINRA. FINRA filed the proposed
                                                participate in, so that the Non-Interested              based on the amounts they invest in                     rule change pursuant to Section
                                                Directors may determine whether all                     such Co-Investment Transaction. None                    19(b)(3)(A)(iii) of the Act 3 and Rule
                                                investments made during the preceding                   of the Affiliated Funds, the Advisers,                  19b–4(f)(6) thereunder.4 The
                                                quarter, including those investments                    the other Regulated Funds or any                        Commission is publishing this notice to
                                                that the Regulated Fund considered but                  affiliated person of the Regulated Funds                solicit comments on the proposed rule
                                                declined to participate in, comply with                 or Affiliated Funds will receive                        change from interested persons.
                                                the conditions of the Order. In addition,               additional compensation or
                                                                                                                                                                I. Self-Regulatory Organization’s
                                                the Non-Interested Directors will                       remuneration of any kind as a result of
                                                                                                                                                                Statement of the Terms of Substance of
                                                consider at least annually the continued                or in connection with a Co-Investment
                                                                                                                                                                the Proposed Rule Change
                                                appropriateness for the Regulated Fund                  Transaction (other than (a) in the case
                                                of participating in new and existing Co-                of the Regulated Funds and the                             FINRA is proposing to establish an
                                                Investment Transactions.                                Affiliated Funds, the pro rata                          implementation date for certain trade
                                                  10. Each Regulated Fund will                          transaction fees described above and                    modifiers required on trade reports to
                                                maintain the records required by section                fees or other compensation described in                 the Transaction Reporting and
                                                57(f)(3) of the Act as if each of the                   condition 2(c)(iii)(C); and (b) in the case             Compliance Engine (‘‘TRACE’’)
                                                Regulated Funds were a BDC and each                     of an Adviser, investment advisory fees                 involving U.S. Treasury Securities. The
                                                of the investments permitted under                      paid in accordance with the agreement                   proposed rule change does not make
                                                these conditions were approved by the                   between the Adviser and the Regulated                   any changes to the text of FINRA rules.
                                                Required Majority under section 57(f) of                Fund or Affiliated Fund.                                II. Self-Regulatory Organization’s
                                                the Act.                                                   14. If the Holders own in the aggregate              Statement of the Purpose of, and
                                                  11. No Non-Interested Director of a                   more than 25 percent of the Shares of                   Statutory Basis for, the Proposed Rule
                                                Regulated Fund will also be a director,                 a Regulated Fund, then the Holders will                 Change
                                                general partner, managing member or                     vote such Shares as directed by an
                                                                                                        independent third party when voting on                     In its filing with the Commission,
                                                principal, or otherwise an ‘‘affiliated                                                                         FINRA included statements concerning
                                                person’’ (as defined in the Act), of an                 (1) the election of directors; (2) the
                                                                                                        removal of one or more directors; or (3)                the purpose of and basis for the
                                                Affiliated Fund.                                                                                                proposed rule change and discussed any
                                                  12. The expenses, if any, associated                  any other matter under either the Act or
                                                                                                        applicable State law affecting the                      comments it received on the proposed
                                                with acquiring, holding or disposing of                                                                         rule change. The text of these statements
                                                any securities acquired in a Co-                        Board’s composition, size or manner of
                                                                                                        election.                                               may be examined at the places specified
                                                Investment Transaction (including,                                                                              in Item IV below. FINRA has prepared
                                                without limitation, the expenses of the                   For the Commission, by the Division of
                                                                                                                                                                summaries, set forth in sections A, B,
                                                distribution of any such securities                     Investment Management, under delegated
                                                                                                        authority.                                              and C below, of the most significant
                                                registered for sale under the Securities                                                                        aspects of such statements.
                                                Act) will, to the extent not payable by                 Eduardo A. Aleman,
                                                the Advisers under their respective                     Assistant Secretary.                                    A. Self-Regulatory Organization’s
                                                investment advisory agreements with                     [FR Doc. 2017–13263 Filed 6–23–17; 8:45 am]             Statement of the Purpose of, and the
                                                Affiliated Funds and the Regulated                      BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule
                                                Funds, be shared by the Regulated                                                                               Change
                                                Funds and the Affiliated Funds in                                                                               1. Purpose
                                                proportion to the relative amounts of the               SECURITIES AND EXCHANGE
                                                securities held or to be acquired or                    COMMISSION                                                 On October 18, 2016, the Commission
                                                disposed of, as the case may be.                                                                                approved a proposed rule change to
                                                                                                        [Release No. 34–80975; File No. SR–FINRA–               require FINRA members to report
                                                  13. Any transaction fee 12 (including                 2017–018]
                                                break-up or commitment fees but                                                                                 certain transactions in U.S. Treasury
                                                excluding broker’s fees contemplated by                 Self-Regulatory Organizations;                          Securities to TRACE.5 The new rules
                                                section 17(e) or 57(k) of the Act, as                   Financial Industry Regulatory                           included two new trade modifiers,
                                                applicable) received in connection with                 Authority, Inc.; Notice of Filing and                   which are described below, for use on
                                                a Co-Investment Transaction will be                     Immediate Effectiveness of a Proposed                   certain types of trades in U.S. Treasury
                                                distributed to the participating                        Rule Change Relating to the                             Securities reported to TRACE. On
                                                Regulated Funds and Affiliated Funds                    Implementation Date for Trade                           October 19, 2016, FINRA announced
                                                on a pro rata basis based on the amounts                Modifiers When Reporting                                that the reporting requirements would
                                                they invested or committed, as the case                 Transactions in U.S. Treasury                             3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                may be, in such Co-Investment                           Securities                                                4 17 CFR 240.19b–4(f)(6).
                                                Transaction. If any transaction fee is to                                                                         5 See Securities Exchange Act Release No. 79116
                                                                                                        June 20, 2017.
                                                be held by an Adviser pending                                                                                   (October 18, 2016), 81 FR 73167 (October 24, 2016)
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           Pursuant to Section 19(b)(1) of the
                                                consummation of the transaction, the                                                                            (Notice of Filing of Amendment No. 1 and Order
                                                                                                        Securities Exchange Act of 1934                         Granting Accelerated Approval of File No. SR–
                                                fee will be deposited into an account
                                                                                                        (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 FINRA–2016–027) (‘‘Original Filing’’). The Original
                                                maintained by such Adviser at a bank or                                                                         Filing stated that the implementation date for the
                                                                                                        notice is hereby given that on June 12,
                                                                                                                                                                new rules would be no later than 365 days
                                                  12 Applicants are not requesting and the staff is
                                                                                                        2017, Financial Industry Regulatory                     following Commission approval. FINRA is filing the
                                                not providing any relief for transaction fees                                                                   current proposed rule change to extend the
                                                                                                          1 15   U.S.C. 78s(b)(1).
                                                received in connection with any Co-Investment                                                                   implementation date for the trade modifiers beyond
                                                Transaction.                                              2 17   CFR 240.19b–4.                                 the 365-day period set forth in the Original Filing.



                                           VerDate Sep<11>2014   17:04 Jun 23, 2017   Jkt 241001   PO 00000   Frm 00104    Fmt 4703   Sfmt 4703   E:\FR\FM\26JNN1.SGM    26JNN1


                                                28918                          Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices

                                                be implemented beginning July 10,                       the-run’’ security as part of a transaction             larger firms, for example, indicated that
                                                2017; however, FINRA noted that,                        in an ‘‘off-the-run’’ security).                        U.S. Treasury Securities are typically
                                                although the two new trade modifiers                       FINRA noted that the use of these                    traded across many desks within the
                                                could be used by members when                           modifiers on TRACE trade reports                        firm and this increases compliance costs
                                                reporting trades beginning on July 10,                  involving U.S. Treasury Securities will                 because the new modifiers need to be
                                                2017, FINRA would announce at a later                   allow FINRA to better understand and                    identified by individual traders, as they
                                                time when the modifiers would be                        evaluate execution prices for specific                  are uniquely situated to know whether
                                                required.6 The current proposed rule                    transactions that may otherwise appear                  a specific trade is associated with a
                                                change establishes February 5, 2018, as                 aberrant if, for example, they are                      cross-instrument strategy that would
                                                the implementation date for the two                     significantly outside of the price range                require the modifier.11 Some firms also
                                                new modifiers.                                          for that security at that time. Among                   suggested that it may be difficult for a
                                                   The Original Filing amended the                      other things, these modifiers should                    trader to know at the time of a trade
                                                TRACE rules to require that transactions                reduce the number of false positive                     whether it is part of a cross-instrument
                                                in U.S. Treasury Securities, as defined                 results that could be generated through                 strategy, thus increasing complexity and
                                                in Rule 6710, be reported to TRACE. To                  automated surveillance patterns that                    their regulatory risk. When proposing
                                                effectuate this requirement, the Original               include the price as part of the pattern.               the requirements, FINRA noted that it
                                                Filing amended the definition of                           As noted above, the new TRACE                        planned to phase in the modifiers to
                                                ‘‘TRACE-Eligible Security’’ to include                  reporting requirements for U.S. Treasury                simplify the immediate implementation
                                                U.S. Treasury Securities and amended                    Securities are scheduled to be                          of the proposed rule change and provide
                                                the definition of ‘‘U.S. Treasury                       implemented beginning July 10, 2017,9                   firms additional time to make the
                                                Security’’ to exclude savings bonds. The                and the proposed rule change                            necessary changes to implement the
                                                term ‘‘U.S. Treasury Securities’’                       establishes February 5, 2018, as the                    new modifiers.12 The proposed rule
                                                therefore includes Treasury bills, notes,               implementation date for the two new                     change is consistent with these
                                                and bonds, as well as separate principal                modifiers.                                              representations and provides firms with
                                                and interest components of a U.S.                          FINRA has filed the proposed rule                    additional time after they begin
                                                Treasury Security separated pursuant to                 change for immediate effectiveness. The                 reporting transactions in U.S. Treasury
                                                the Separate Trading of Registered                      implementation date will be February 5,                 Securities to TRACE to implement the
                                                Interest and Principal of Securities                    2018.                                                   requirement to append modifiers if
                                                (STRIPS) program operated by the                        2. Statutory Basis                                      applicable.
                                                Treasury Dept.7
                                                                                                           FINRA believes that the proposed rule                C. Self-Regulatory Organization’s
                                                   The Original Filing also included
                                                                                                        change is consistent with the provisions                Statement on Comments on the
                                                amendments to Rule 6730 to require the
                                                                                                        of Section 15A(b)(6) of the Act,10 which                Proposed Rule Change Received From
                                                use of two new modifiers, when
                                                                                                        requires, among other things, that                      Members, Participants, or Others
                                                applicable, to reported transactions in
                                                U.S. Treasury Securities. When                          FINRA rules must be designed to                           Written comments were neither
                                                proposing the rule, FINRA noted that                    prevent fraudulent and manipulative                     solicited nor received.
                                                transactions in U.S. Treasury Securities                acts and practices, to promote just and
                                                                                                        equitable principles of trade, and, in                  III. Date of Effectiveness of the
                                                that are executed as part of larger                                                                             Proposed Rule Change and Timing for
                                                trading strategies can often be priced                  general, to protect investors and the
                                                                                                        public interest. Based on discussions                   Commission Action
                                                away from the current market for
                                                legitimate reasons.8 FINRA therefore                    with multiple FINRA members, FINRA                         Because the foregoing proposed rule
                                                adopted two new modifiers to require                    believes that providing members with                    change does not: (i) Significantly affect
                                                members to indicate that particular                     an additional six months after the                      the protection of investors or the public
                                                transactions are part of larger trading                 implementation of the new TRACE                         interest; (ii) impose any significant
                                                strategies.                                             requirements to report transactions in                  burden on competition; and (iii) become
                                                   First, the amendments require that                   U.S. Treasury Securities to report the                  operative for 30 days from the date on
                                                members append a ‘‘.B’’ modifier to a                   trade modifiers on applicable                           which it was filed, or such shorter time
                                                trade report if the transaction being                   transactions will give them sufficient                  as the Commission may designate, it has
                                                reported is part of a series of                         time to program systems to comply with                  become effective pursuant to Section
                                                transactions where at least one of the                  the requirement.                                        19(b)(3)(A) of the Act 13 and Rule 19b–
                                                transactions involves a futures contract                                                                        4(f)(6) thereunder.14
                                                                                                        B. Self-Regulatory Organization’s
                                                (e.g., a ‘‘basis’’ trade). Second, the                                                                             At any time within 60 days of the
                                                                                                        Statement on Burden on Competition
                                                amendments require that members                                                                                 filing of the proposed rule change, the
                                                                                                           FINRA does not believe that the                      Commission summarily may
                                                append a ‘‘.S’’ modifier to a trade report              proposed rule change will result in any
                                                if the transaction being reported is part                                                                       temporarily suspend such rule change if
                                                                                                        burden on competition that is not                       it appears to the Commission that such
                                                of a series of transactions and may not                 necessary or appropriate in furtherance
                                                be priced based on the current market                   of the purposes of the Act.                                11 See Securities Exchange Act Release No. 78359
                                                (e.g., a fixed price transaction in an ‘‘on-               As noted in the Original Filing, the                 (July 19, 2016), 81 FR 48465, 48471 (July 25, 2016).
                                                                                                                                                                   12 See id. at 48469, n.25; see also Original Filing,
                                                                                                        new modifiers may introduce additional
                                                  6 See  Regulatory Notice 16–39 (October 2016).                                                                supra note 5, at 73170.
                                                  7 The
                                                                                                        complexity to the proposed reporting, as
                                                         STRIPS program is a program operated by                                                                   13 15 U.S.C. 78s(b)(3)(A).
sradovich on DSK3GMQ082PROD with NOTICES




                                                the Treasury Dept. under which eligible securities      traders at FINRA-member firms must                         14 In addition, Rule 19b–4(f)(6)(iii) requires a self-
                                                are authorized to be separated into principal and       apply the modifiers correctly and                       regulatory organization to provide the Commission
                                                interest components and transferred separately. See     consistently to ensure meaningful data                  with written notice of its intent to file the proposed
                                                31 CFR 356.2; see generally 31 CFR 356.31               collection. FINRA noted that, in                        rule change, along with a brief description and the
                                                (providing details on how the STRIPS program                                                                    text of the proposed rule change, at least five
                                                works).                                                 discussions with market participants,                   business days prior to the date of filing of the
                                                   8 See Securities Exchange Act Release No. 78359                                                              proposed rule change, or such shorter time as
                                                                                                          9 See   Regulatory Notice 16–39 (October 2016).
                                                (July 19, 2016), 81 FR 48465, 48468 (July 25, 2016)                                                             designated by the Commission. FINRA complied
                                                (Notice of Filing of SR–FINRA–2016–027).                  10 15   U.S.C. 78o–3(b)(6).                           with this requirement.



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                                                                               Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices                                            28919

                                                action is necessary or appropriate in the               2017–018, and should be submitted on                   Commission is approving the proposed
                                                public interest, for the protection of                  or before July 17, 2017.                               rule changes, as modified by
                                                investors, or otherwise in furtherance of                 For the Commission, by the Division of               Amendment No. 1.
                                                the purposes of the Act. If the                         Trading and Markets, pursuant to delegated
                                                Commission takes such action, the                       authority.15
                                                                                                                                                               II. Description of the Proposed Rule
                                                Commission shall institute proceedings                                                                         Change
                                                                                                        Eduardo A. Aleman,
                                                to determine whether the proposed rule                  Assistant Secretary.                                      ICE Clear Europe has proposed
                                                should be approved or disapproved.                      [FR Doc. 2017–13230 Filed 6–23–17; 8:45 am]            changes to its EOD Price Discovery
                                                IV. Solicitation of Comments                            BILLING CODE 8011–01–P                                 Policy that are designed to implement a
                                                  Interested persons are invited to                                                                            new price submission process. As part
                                                submit written data, views, and                                                                                of its current price submission process,
                                                                                                        SECURITIES AND EXCHANGE                                ICE Clear Europe requires Clearing
                                                arguments concerning the foregoing,                     COMMISSION
                                                including whether the proposed rule                                                                            Members to submit certain required
                                                change is consistent with the Act.                      [Release No. 34–80978; File No. SR–ICEEU–              price information to an intermediary,
                                                Comments may be submitted by any of                     2017–003]                                              which ICE Clear Europe then obtains
                                                the following methods:                                                                                         and uses as part of its price discovery
                                                                                                        Self-Regulatory Organizations; ICE                     process. The proposed rule changes
                                                Electronic Comments                                     Clear Europe Limited; Notice of Filing                 would eliminate the use of the
                                                  • Use the Commission’s Internet                       of Amendment No. 1 and Order                           intermediary in the price submission
                                                comment form (http://www.sec.gov/                       Approving Proposed Rule Change, as
                                                                                                                                                               process and instead require Clearing
                                                rules/sro.shtml); or                                    Modified by Amendment No. 1 Thereto,
                                                                                                                                                               Members to submit required price
                                                                                                        Relating to ICE Clear Europe’s End-of-
                                                  • Send an email to rule-comments@                                                                            information directly to ICE Clear
                                                                                                        Day Price Discovery Policy
                                                sec.gov. Please include File Number SR–                                                                        Europe. In order to implement the direct
                                                FINRA–2017–018 on the subject line.                     June 20, 2017.                                         price submission process, ICE Clear
                                                Paper Comments                                          I. Introduction                                        Europe proposed to amend its EOD
                                                                                                                                                               Price Discovery Policy to (1) require
                                                   • Send paper comments in triplicate                     On March 10, 2017, ICE Clear Europe                 Clearing Members establish direct
                                                to Brent J. Fields, Secretary, Securities               Limited (‘‘ICE Clear Europe’’) filed with              connectivity with ICE Clear Europe and
                                                and Exchange Commission, 100 F Street                   the Securities and Exchange                            use a FIX API to provide ICE Clear
                                                NE., Washington, DC 20549–1090.                         Commission (‘‘Commission’’), pursuant                  Europe with the required price
                                                   All submissions should refer to File                 to Section 19(b)(1) of the Securities                  information, (2) add references to FIX
                                                Number SR–FINRA–2017–018. This file                     Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                                                                               API terminology, and (3) make revisions
                                                number should be included on the                        19b–4 thereunder,2 a proposed rule
                                                                                                                                                               reflecting the replacement of existing
                                                subject line if email is used. To help the              change (SR–ICEEU–2017–003) to amend
                                                                                                        ICE Clear Europe’s CDS End-of-Day                      trade date files with FIX API firm trade
                                                Commission process and review your                                                                             messages.6 Moreover, ICE Clear Europe
                                                comments more efficiently, please use                   Price Discovery Policy (‘‘EOD Price
                                                                                                        Discovery Policy’’) to implement a new                 proposed amending the Pricing Policy
                                                only one method. The Commission will                                                                           to note that ICE Clear Europe will send
                                                post all comments on the Commission’s                   price submission process for Clearing
                                                                                                        Members. The proposed rule change                      FIX API messages directly to Clearing
                                                Internet Web site (http://www.sec.gov/
                                                                                                        was published for comment in the                       Members, and to remove references to
                                                rules/sro.shtml). Copies of the
                                                                                                        Federal Register on March 23, 2017.3                   the intermediary and its ‘‘Valuation
                                                submission, all subsequent
                                                amendments, all written statements                      The Commission did not receive                         Service API’’ that ICE Clear Europe
                                                with respect to the proposed rule                       comments regarding the proposed                        previously used.7 Although ICE Clear
                                                change that are filed with the                          changes. On May 1, 2017, the                           Europe proposed additional minor
                                                Commission, and all written                             Commission extended the period in                      changes to the timing of various steps in
                                                communications relating to the                          which to approve, disapprove, or                       the pricing process, these proposed
                                                proposed rule change between the                        institute proceedings to determine                     changes would not affect the actual
                                                Commission and any person, other than                   whether to disapprove the proposed                     settlement submission windows.8
                                                those that may be withheld from the                     rule change to June 21, 2017.4 On June                    In addition to the changes described
                                                public in accordance with the                           9, 2017, ICE Clear Europe filed                        above, ICE Clear Europe also proposed
                                                provisions of 5 U.S.C. 552, will be                     Amendment No. 1 to the proposal.5 For
                                                                                                                                                               changes with respect to the format of
                                                available for Web site viewing and                      the reasons discussed below, the
                                                                                                                                                               information required to be submitted by
                                                printing in the Commission’s Public                                                                            Clearing Members for the CDX.NA.HY
                                                                                                          15 17  CFR 200.30–3(a)(12).
                                                Reference Room, 100 F Street NE.,                         1 15                                                 index. Moreover, ICE Clear Europe
                                                                                                               U.S.C. 78s(b)(1).
                                                Washington, DC 20549 on official                          2 17 CFR 240.19b–4.                                  proposed modifications to the process
                                                business days between the hours of                        3 Securities Exchange Act Release No. 34–80269       for distributing end-of-day prices, which
                                                10:00 a.m. and 3:00 p.m. Copies of such                 (March 17, 2017), 82 FR 14925 (March 23, 2017)         will result in ICE Clear Europe
                                                filing also will be available for                       (SR–ICEEU–2017–003) (‘‘Notice’’).
                                                                                                                                                               publishing separate messages setting
                                                inspection and copying at the principal                   4 Securities Exchange Act Release No. 34–80566

                                                                                                        (May 1, 2017), 82 FR 21287 (May 5, 2017).              forth end-of-day price information for
                                                office of FINRA. All comments received
sradovich on DSK3GMQ082PROD with NOTICES




                                                will be posted without change; the
                                                                                                          5 ICE Clear Europe filed Amendment No. 1 to          single name and index CDS to Clearing
                                                                                                        clarify that the implementation date for the           Members.9
                                                Commission does not edit personal                       proposed rule change will be July 10, 2017, and to
                                                identifying information from                            note that ICE Clear Europe will issue a circular
                                                submissions. You should submit only                     confirming this timeline in advance of the July 10,     6 Notice,   82 FR at 14925.
                                                                                                        2017 implementation date. Because Amendment
                                                information that you wish to make                       No. 1 is a clarifying amendment that does not alter
                                                                                                                                                                7 Id.

                                                available publicly. All submissions                     the substance of the propose rule change the
                                                                                                                                                                8 Id.

                                                should refer to File Number SR–FINRA–                   Commission is not publishing it for comment.            9 Id.




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Document Created: 2018-11-14 10:11:26
Document Modified: 2018-11-14 10:11:26
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 28917 

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