82 FR 30914 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation of FINRA Rule 4240 (Margin Requirements for Credit Default Swaps)
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 126 (July 3, 2017)
Federal Register Volume 82, Issue 126 (July 3, 2017)
| Page Range | 30914-30916 | |
| FR Document | 2017-13903 |
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)] [Notices] [Pages 30914-30916] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13903] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81035; File No. SR-FINRA-2017-019] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation of FINRA Rule 4240 (Margin Requirements for Credit Default Swaps) June 27, 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 14, 2017, Financial Industry Regulatory Authority, Inc. (``FINRA'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by FINRA. FINRA has designated the proposed rule change as constituting a ``non- controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which renders the proposal effective upon receipt of this filing by the Commission. 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\ 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 extend to July 18, 2018 the implementation of FINRA Rule 4240. FINRA Rule 4240 implements an interim pilot program with respect to margin requirements for certain transactions in credit default swaps that are security-based swaps. The text of the proposed rule change is available on FINRA's Web site at http://www.finra.org, at the principal office of FINRA and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. FINRA has prepared summaries, set forth in sections A, B, [[Page 30915]] and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On May 22, 2009, the Commission approved FINRA Rule 4240,\4\ which implements an interim pilot program (the ``Interim Pilot Program'') with respect to margin requirements for certain transactions in credit default swaps (``CDS'').\5\ On June 15, 2016, FINRA filed a proposed rule change for immediate effectiveness extending the implementation of FINRA Rule 4240 to July 18, 2017.\6\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 59955 (May 22, 2009), 74 FR 25586 (May 28, 2009) (Order Approving File No. SR- FINRA-2009-012) (``Approval Order''). \5\ In March 2012, the SEC approved amendments to FINRA Rule 4240 that, among other things, limit at this time the rule's application to credit default swaps that are security-based swaps. See Securities Exchange Act Release No. 66527 (March 7, 2012), 77 FR 14850 (March 13, 2012) (Order Approving File No. SR-FINRA-2012-015). \6\ See Securities Exchange Act Release No. 78182 (June 28, 2016), 81 FR 43690 (July 5, 2016) (Notice of Filing and Immediate Effectiveness of File No. SR-FINRA-2016-020). --------------------------------------------------------------------------- As explained in the Approval Order, FINRA Rule 4240, coterminous with certain Commission actions, was intended to address concerns arising from systemic risk posed by CDS, including, among other things, risks to the financial system arising from the lack of a central clearing counterparty to clear and settle CDS.\7\ On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd- Frank Act'') was signed into law.\8\ Title VII of the Dodd-Frank Act established a comprehensive new regulatory framework for swaps and security-based swaps,\9\ including certain CDS. The legislation was intended, among other things, to enhance the authority of regulators to implement new rules designed to reduce risk, increase transparency, and promote market integrity with respect to such products. --------------------------------------------------------------------------- \7\ See Approval Order, 74 FR at 25588-89. \8\ See Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010). \9\ The terms ``swap'' and ``security-based swap'' are defined in Sections 721 and 761 of the Dodd-Frank Act. The Commodity Futures Trading Commission (``CFTC'') and the Commission jointly have approved rules to further define these terms. See Securities Exchange Act Release No. 67453 (July 18, 2012), 77 FR 48208 (August 13, 2012) (Joint Final Rule; Interpretations; Request for Comment on an Interpretation: Further Definition of ``Swap,'' ``Security-Based Swap,'' and ``Security-Based Swap Agreement''; Mixed Swaps; Security-Based Swap Agreement Recordkeeping). See also Securities Exchange Act Release No. 66868 (April 27, 2012), 77 FR 30596 (May 23, 2012) (Joint Final Rule; Joint Interim Final Rule; Interpretations: Further Definition of ``Swap Dealer,'' ``Security- Based Swap Dealer,'' ``Major Swap Participant,'' ``Major Security- Based Swap Participant'' and ``Eligible Contract Participant''). --------------------------------------------------------------------------- The Commission and the CFTC have proposed or adopted rules with respect to swaps and security-based swaps pursuant to Title VII of the Dodd-Frank Act.\10\ FINRA believes it is appropriate to extend the Interim Pilot Program for a limited period, to July 18, 2018, in light of the continuing development of the CDS business and ongoing regulatory developments. FINRA is considering proposing additional amendments to the Interim Pilot Program. --------------------------------------------------------------------------- \10\ See, e.g., Securities Exchange Act Release No. 79833 (January 18, 2017), 82 FR 8467 (January 25, 2017) (Order Extending Certain Temporary Exemptions Under the Securities Exchange Act of 1934 in Connection With the Revision of the Definition of ``Security'' To Encompass Security-Based Swaps and Request for Comment); Securities Exchange Act Release No. 67177 (June 11, 2012), 77 FR 35625 (June 14, 2012) (Notice of Statement of General Policy with Request for Public Comment: Statement of General Policy on the Sequencing of the Compliance Dates for Final Rules Applicable to Security-Based Swaps Adopted Pursuant to the Securities Exchange Act of 1934 and the Dodd-Frank Wall Street Reform and Consumer Protection Act); Securities Exchange Act Release No. 68071 (October 18, 2012), 77 FR 70214 (November 23, 2012) (Proposed Rule: Capital, Margin, and Segregation Requirements for Security-Based Swap Dealers and Major Security-Based Swap Participants and Capital Requirements for Broker-Dealers). See also Securities Exchange Act Release No. 71958 (April 17, 2014), 79 FR 25194 (May 2, 2014) (Proposed Rule: Recordkeeping and Reporting Requirements for Security-Based Swap Dealers, Major Security-Based Swap Participants, and Broker-Dealers; Capital Rule for Certain Security-Based Swap Dealers). --------------------------------------------------------------------------- FINRA has filed the proposed rule change for immediate effectiveness. FINRA is proposing that the implementation date of the proposed rule change will be July 18, 2017. The proposed rule change will expire on July 18, 2018. 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act,\11\ which requires, among other things, that FINRA rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. FINRA believes that the proposed rule change is consistent with the Act because, in light of the continuing development of the CDS business and ongoing regulatory developments, extending the implementation of the margin requirements as set forth by FINRA Rule 4240 will help to stabilize the financial markets. --------------------------------------------------------------------------- \11\ 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. FINRA believes that extending the implementation of FINRA Rule 4240 for a limited period, to July 18, 2018, in light of the continuing development of the CDS business and ongoing regulatory developments, helps to promote stability in the financial markets and regulatory certainty for members. 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 \12\ and Rule 19b- 4(f)(6) thereunder.\13\ --------------------------------------------------------------------------- \12\ 15 U.S.C. 78s(b)(3)(A). \13\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 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: [[Page 30916]] Electronic CommentsUse 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-2017-019 on the subject line. Paper Comments Send paper comments in triplicate to Robert W. Errett, Deputy Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-FINRA-2017-019. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of FINRA. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-FINRA-2017-019 and should be submitted on or before July 24, 2017. --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ Robert W. Errett, Deputy Secretary. [FR Doc. 2017-13903 Filed 6-30-17; 8:45 am] BILLING CODE 8011-01-P
![30914 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
(ADAMS): You may obtain publicly- This RIS is intended to clarify the SECURITIES AND EXCHANGE
available documents online in the endorsed NEI 01–01 guidance regarding COMMISSION
ADAMS Public Documents collection at licensee upgrades to digital
[Release No. 34–81035; File No. SR–FINRA–
http://www.nrc.gov/reading-rm/ instrumentation and control systems. 2017–019]
adams.html. To begin the search, select Specifically, this RIS clarifies the
‘‘ADAMS Public Documents’’ and then guidance in NEI 01–01 pertaining to the Self-Regulatory Organizations;
select ‘‘Begin Web-based ADAMS performance and documentation of Financial Industry Regulatory
Search.’’ For problems with ADAMS, adequate technical evaluations and Authority, Inc.; Notice of Filing and
please contact the NRC’s Public adequately documented qualitative Immediate Effectiveness of a Proposed
Document Room (PDR) reference staff at assessments to meet the requirements of Rule Change To Extend the
1–800–397–4209, 301–415–4737, or by Implementation of FINRA Rule 4240
10 CFR 50.59 ‘‘Changes, tests and
email to pdr.resource@nrc.gov. The draft (Margin Requirements for Credit
RIS, ‘‘NRC Draft Regulatory Issue experiments.’’ The attachment to this
RIS provides a framework for preparing Default Swaps)
Summary 2017–XX Supplement to RIS
2002–22,’’ is available in ADAMS under and documenting qualitative June 27, 2017.
Accession No. ML17102B507. assessments considered acceptable to Pursuant to Section 19(b)(1) of the
• NRC’s PDR: You may examine and serve as a technical basis supporting the Securities Exchange Act of 1934
purchase copies of public documents at responses to key 10 CFR 50.59(c)(2) (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
the NRC’s PDR, Room O1–F21, One evaluations. notice is hereby given that on June 14,
White Flint North, 11555 Rockville The NRC issues RISs to communicate 2017, Financial Industry Regulatory
Pike, Rockville, Maryland 20852. with stakeholders on a broad range of Authority, Inc. (‘‘FINRA’’) filed with the
B. Submitting Comments matters. This may include Securities and Exchange Commission
communicating and clarifying NRC (‘‘SEC’’ or ‘‘Commission’’) the proposed
Please include Docket ID NRC–2017– rule change as described in Items I, II,
0154 in your comment submission. technical or policy positions on
regulatory matters that have not been and III below, which Items have been
The NRC cautions you not to include prepared by FINRA. FINRA has
identifying or contact information that communicated to or are not broadly
understood by the nuclear industry. designated the proposed rule change as
you do not want to be publicly constituting a ‘‘non-controversial’’ rule
disclosed in your comment submission. Proposed Action change under paragraph (f)(6) of Rule
The NRC will post all comment 19b–4 under the Act,3 which renders
submissions at http:// The NRC is requesting public the proposal effective upon receipt of
www.regulations.gov as well as enter the comments on the draft RIS. The NRC this filing by the Commission. The
comment submissions into ADAMS. plans to hold a public meeting to Commission is publishing this notice to
The NRC does not routinely edit discuss this RIS and the issues solicit comments on the proposed rule
comment submissions to remove associated with clarification of the change from interested persons.
identifying or contact information. applicability of the endorsed NEI 01–01
If you are requesting or aggregating I. Self-Regulatory Organization’s
guidance. All comments that are to
comments from other persons for Statement of the Terms of Substance of
receive consideration in the final RIS
submission to the NRC, then you should the Proposed Rule Change
must still be submitted electronically or
inform those persons not to include FINRA is proposing to extend to July
identifying or contact information that in writing as indicated in the ADDRESSES
section of this document. Additional 18, 2018 the implementation of FINRA
they do not want to be publicly Rule 4240. FINRA Rule 4240
disclosed in their comment submission. details regarding the meeting will be
posted at least 10 days prior to the implements an interim pilot program
Your request should state that the NRC with respect to margin requirements for
does not routinely edit comment public meeting on the NRC’s Public
certain transactions in credit default
submissions to remove such information Meeting Schedule Web site at http://
swaps that are security-based swaps.
before making the comment www.nrc.gov/public-involve/public- The text of the proposed rule change
submissions available to the public or meetings/index.cfm. The NRC staff will is available on FINRA’s Web site at
entering the comment into ADAMS. make a final determination regarding http://www.finra.org, at the principal
issuance of the RIS after it considers any office of FINRA and at the
II. Background
public comments received in response Commission’s Public Reference Room.
The RIS is intended for all holders of to this request.
and applicants for power reactor II. Self-Regulatory Organization’s
Dated at Rockville, Maryland, this 28th day Statement of the Purpose of, and
operating licenses or construction
of June 2017. Statutory Basis for, the Proposed Rule
permits under part 50 of title 10 of the
Code of Federal Regulations (10 CFR), For the Nuclear Regulatory Commission. Change
‘‘Domestic Licensing of Production and Alexander D. Garmoe, In its filing with the Commission,
Utilization Facilities,’’ except those who Chief, Generic Communications Branch, FINRA included statements concerning
have permanently ceased operations Division of Policy and Rulemaking, Office the purpose of and basis for the
and have certified that fuel has been of Nuclear Reactor Regulation. proposed rule change and discussed any
permanently removed from the reactor [FR Doc. 2017–13918 Filed 6–30–17; 8:45 am] comments it received on the proposed
vessel and all holders of, and applicants
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 7590–01–P rule change. The text of these statements
for, a power reactor combined license, may be examined at the places specified
standard design approval, or in Item IV below. FINRA has prepared
manufacturing license, and all summaries, set forth in sections A, B,
applicants for a standard design
certification, under 10 CFR part 52, 1 15 U.S.C. 78s(b)(1).
‘‘Licenses, Certifications, and Approvals 2 17 CFR 240.19b–4.
for Nuclear Power Plants.’’ 3 17 CFR 240.19b–4(f)(6).
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![30916 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
Electronic Comments SECURITIES AND EXCHANGE places specified in Item IV below. The
COMMISSION Exchange has prepared summaries, set
• Use the Commission’s Internet forth in Sections A, B, and C below, of
comment form (http://www.sec.gov/ [Release No. 34–81032; File No. SR–
BatsBZX–2017–43]
the most significant parts of such
rules/sro.shtml); or statements.
• Send an email to rule-comments@ Self-Regulatory Organizations; Bats (A) Self-Regulatory Organization’s
sec.gov. Please include File Number SR– BZX Exchange, Inc.; Notice of Filing Statement of the Purpose of, and
FINRA–2017–019 on the subject line. and Immediate Effectiveness of a Statutory Basis for, the Proposed Rule
Proposed Rule Change Related to Fees Change
Paper Comments for Logical Ports on the Bats Equity
Options Platform 1. Purpose
• Send paper comments in triplicate
to Robert W. Errett, Deputy Secretary, June 27, 2017.
The Exchange proposes to modify the
Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the fee schedule applicable to the
100 F Street NE., Washington, DC Securities Exchange Act of 1934 (the Exchange’s options platform (‘‘BZX
20549–1090. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Options’’) to amend the fees for logical
notice is hereby given that on June 16, ports. A logical port represents a port
All submissions should refer to File established by the Exchange within the
2017 Bats BZX Exchange, Inc. (the
Number SR–FINRA–2017–019. This file Exchange’s system for trading and
‘‘Exchange’’ or ‘‘BZX’’) filed with the
number should be included on the Securities and Exchange Commission billing purposes. Each logical port
subject line if email is used. To help the (‘‘Commission’’) the proposed rule established is specific to a Member or
Commission process and review your change as described in Items I, II and III non-Member and grants that Member or
comments more efficiently, please use below, which Items have been prepared non-Member the ability to operate a
only one method. The Commission will by the Exchange. The Exchange has specific application, such as FIX order
post all comments on the Commission’s designated the proposed rule change as entry or PITCH data receipt. The
Internet Web site (http://www.sec.gov/ one establishing or changing a member Exchange’s Multicast PITCH data feed is
rules/sro.shtml). Copies of the due, fee, or other charge imposed by the available from two primary feeds,
submission, all subsequent Exchange under Section 19(b)(3)(A)(ii) identified as the ‘‘A feed’’ and the ‘‘C
amendments, all written statements of the Act 3 and Rule 19b–4(f)(2) feed’’, which contain the same
with respect to the proposed rule thereunder,4 which renders the information but differ only in the way
change that are filed with the proposed rule change effective upon such feeds are received. The Exchange
Commission, and all written filing with the Commission. The also offers two redundant fees,
Commission is publishing this notice to identified as the ‘‘B feed’’ and the ‘‘D
communications relating to the
solicit comments on the proposed rule feed.’’ The Exchange also offers a bulk-
proposed rule change between the
change from interested persons. quoting interface which allows Users 6
Commission and any person, other than
of BZX Options to submit and update
those that may be withheld from the I. Self-Regulatory Organization’s multiple bids and offers in one message
public in accordance with the Statement of the Terms of Substance of through logical ports enabled for bulk-
provisions of 5 U.S.C. 552, will be the Proposed Rule Change quoting.7 The bulk-quoting application
available for Web site viewing and The Exchange filed a proposal to for BZX Options is a particularly useful
printing in the Commission’s Public amend its fees and rebates applicable to feature for Users that provide quotations
Reference Room, 100 F Street NE., Members 5 and non-Members of the in many different options. Logical port
Washington, DC 20549, on official Exchange pursuant to BZX Rules 15.1(a) fees are limited to logical ports in the
business days between the hours of 10 and (c). Exchange’s primary data center and no
a.m. and 3 p.m. Copies of such filing The text of the proposed rule change logical port fees are assessed for
also will be available for inspection and is available at the Exchange’s Web site redundant secondary data center ports.
copying at the principal office of at www.batstrading.com, at the The Exchange assesses the monthly per
FINRA. All comments received will be principal office of the Exchange, and at logical port fees for all of a Member and
posted without change; the Commission the Commission’s Public Reference non-Member logical ports.
does not edit personal identifying Room. The Exchange currently charges for
information from submissions. You logical ports (including Multicast PITCH
II. Self-Regulatory Organization’s
should submit only information that Spin Server and GRP ports) a fee $650
Statement of the Purpose of, and
you wish to make available publicly. All per port per month. The Exchange now
Statutory Basis for, the Proposed Rule
submissions should refer to File proposes to amend the fees for logical
Change
Number SR–FINRA–2017–019 and ports, Multicast PITCH Spin Server
In its filing with the Commission, the Ports for a set of primary ports (A or C
should be submitted on or before July Exchange included statements feed), and GRP Ports for a set of primary
24, 2017. concerning the purpose of and basis for ports (A or C feed) to $750 per month.8
For the Commission, by the Division of the proposed rule change and discussed
Trading and Markets, pursuant to delegated any comments it received on the 6 A User on BZX Options is either a member of
authority.14 proposed rule change. The text of these BZX Options or a sponsored participant who is
statements may be examined at the authorized to obtain access to the Exchange’s
sradovich on DSK3GMQ082PROD with NOTICES
Robert W. Errett, system pursuant to BZX Rule 11.3. See Exchange
Deputy Secretary. Rule 16.1(a)(63).
1 15 U.S.C. 78s(b)(1). 7 See Securities Exchange Act Release Nos. 65133
[FR Doc. 2017–13903 Filed 6–30–17; 8:45 am] 2 17 CFR 240.19b–4. (August 15, 2011), 76 FR 52032 (August 19, 2011)
BILLING CODE 8011–01–P 3 15 U.S.C. 78s(b)(3)(A)(ii).
(SR–BATS–2011–029) and 65307 (September 9,
4 17 CFR 240.19b–4(f)(2). 2011), 76 FR 57092 (September 15, 2011) (SR–
5 A Member is defined as ‘‘any registered broker BATS–2011–034).
or dealer that has been admitted to membership in 8 The Exchange does not propose to amend the
14 17 CFR 200.30–3(a)(12). the Exchange.’’ See Exchange Rule 1.5(n). monthly fee for purge ports.
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Document Created: 2018-11-14 10:19:10
Document Modified: 2018-11-14 10:19:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 30914 |
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