82_FR_48486 82 FR 48287 - Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Eliminate a Surcharge for Eligibility Requests Submitted to DTC Two Days Prior to Closing Date

82 FR 48287 - Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Eliminate a Surcharge for Eligibility Requests Submitted to DTC Two Days Prior to Closing Date

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 199 (October 17, 2017)

Page Range48287-48289
FR Document2017-22391

Federal Register, Volume 82 Issue 199 (Tuesday, October 17, 2017)
[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48287-48289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22391]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81854; File No. SR-DTC-2017-019]


Self-Regulatory Organizations; The Depository Trust Company; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Eliminate a Surcharge for Eligibility Requests Submitted to DTC Two 
Days Prior to Closing Date

October 11, 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 October 2, 2017, The Depository Trust Company (``DTC'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I, II and III below, which Items have 
been prepared by the clearing agency. DTC filed the proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(2) thereunder.\4\ The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change \5\ would revise the DTC Fee Schedule 
(``Fee Schedule'') \6\ to eliminate a fee charged to Participants that 
submit an eligibility request or required offering documents for a new 
issue (``Issue'') of Securities two business days prior to the Closing 
Date (``Two-Day Surcharge''), as discussed below.
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    \5\ Each term not otherwise defined herein has its respective 
meaning as set forth in the Rules, By-Laws and Organization 
Certificate of DTC (the ``Rules''), available at http://www.dtcc.com/legal/rules-and-procedures.aspx, and the DTC 
Operational Arrangements (Necessary for Securities to Become and 
Remain Eligible for DTC Services) (``OA''), available at http://
www.dtcc.com/~/media/Files/Downloads/legal/issue-eligibility/
eligibility/operational-arrangements.pdf.
    \6\ Available at http://www.dtcc.com/~/media/Files/Downloads/
legal/fee-guides/dtcfeeguide.pdf?la=en.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

1. Purpose
Background
    The proposed rule change would revise the Fee Schedule \7\ to 
eliminate the Two-Day Surcharge, as discussed below.
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    \7\ Supra note 6.
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    Participants \8\ are required to provide an eligibility request for 
specified

[[Page 48288]]

Securities to DTC by the submission of all required ``Issuer'' \9\ and 
securities data and all required offering documents,\10\ at a minimum, 
through the online Securities Origination, Underwriting and Reliable 
Corporate Action Environment (``UW SOURCE'') system for the Security to 
be considered for full service eligibility at DTC.\11\ In addition to 
meeting other requirements as set forth in the OA,\12\ a Participant 
that seeks to make a new Issue eligible for Deposit at DTC must submit 
the eligibility request and offering documentation described above 
through UW SOURCE at least six business days prior to the Closing Date. 
If the Participant submits the eligibility request or the required 
offering documentation for a new Issue within two days or less prior to 
the Closing Date, it will be subject to fees, referred to in the Fee 
Schedule as surcharges (``Surcharges''), as outlined in the DTC Fee 
Schedule: (a) The Two-Day Surcharge is $2,000 per Issue (b) the 
Surcharge for submission of an eligibility request or the required 
offering documentation one day prior to the Closing Date is $5,000 per 
Issue (``One-Day Surcharge''), and (c) the Surcharge for submission of 
an eligibility request or required the offering documentation on the 
Closing Date is $10,000 per Issue (``Closing Date Surcharge'').\13\ The 
Surcharges are designed to cover costs to DTC of providing expedited 
processing of the eligibility request.
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    \8\ Only (i) Participants and (ii) underwriters with an approved 
correspondent relationship with a Participant, may request DTC 
eligibility for a new security being offered and distributed. It is 
therefore incumbent on an Issuer to have a relationship with an 
underwriter or other financial institution that is a Participant or 
is directly associated with a Participant that is willing to sponsor 
the eligibility process for the Issuer's securities. See OA, supra 
note 5 at 1-2.
    \9\ ``Issuer'' is defined as an issuer of Securities deposited 
at DTC. See OA, supra note 5 at 1.
    \10\ The eligibility request must contain the (i) identity of 
the lead underwriter, (ii) CUSIP number(s), (iii) principal/share 
amount, as applicable per CUSIP, and interest rates and maturity 
dates, as applicable per CUSIP. The preliminary offering document 
must be submitted and (e.g., official statement, prospectus, 
offering memorandum) provide relevant information necessary for DTC 
to process the Issue (e.g., Issuer name, description of the 
Security, denominations, name of the trustee, paying agent, transfer 
agent, and if applicable, other features of the Security, such as an 
early redemption). See Exhibit B of OA, supra note 5.
    \11\ See OA, supra note 5 at 1-2.
    \12\ See Exhibit B of OA, supra note 5.
    \13\ See Fee Schedule, supra note 6 at 28.
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Proposed Rule Change
    After reviewing its cost structure relating to eligibility 
processing, DTC has determined that due to the development of enhanced 
systemic and processing efficiencies over time, the Two-Day Surcharge 
is no longer necessary to be charged in order to cover the cost of 
processing an eligibility request for a new Issue submitted two days 
prior to Closing Date. Therefore, DTC proposes to eliminate the Two-Day 
Surcharge and revise the Fee Schedule accordingly. The Closing Date and 
One-Day Surcharges would remain unchanged and continue to be charged to 
Participants to offset costs associated with more manually intensive 
processing associated with the timely processing of eligibility 
requests submitted on or one day before Closing Date, as applicable.
Effective Date of Proposed Rule Change
    The proposed rule change would be effective on October 2, 2017.
2. Statutory Basis
    Section 17A(b)(3)(D) of the Act \14\ requires, in part, that the 
Rules provide for the equitable allocation of reasonable dues, fees, 
and other charges among its participants. DTC believes that the 
proposed rule change provides for the equitable allocation of fees 
charged to Participants, because elimination of the Two-Day Surcharge 
would apply to all Participants. In addition, DTC believes that the 
proposed change is reasonable, because the Two-Day Surcharge is no 
longer necessary to balance DTC revenue with its costs associated with 
processing of the applicable eligibility requests, as discussed above. 
Therefore, DTC believes that the proposed rule change is consistent 
with the requirements of Section 17A(b)(3)(D) of the Act.\15\
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    \14\ 15 U.S.C. 78q-1(b)(3)(D).
    \15\ Id.
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    The proposed rule change is also designed to be consistent with 
Rule 17Ad-22(e)(23) of the Act.\16\ Rule 17Ad-22(e)(23) requires DTC, 
inter alia, to establish, implement, maintain and enforce written 
policies and procedures reasonably designed to provide sufficient 
information to enable participants to identify and evaluate the risks, 
fees, and other material costs they incur by participating in the 
covered clearing agency. The proposed rule change, as described above, 
would update the Fee Schedule to reflect the proposed elimination of 
the Two-Day Surcharge. As such, DTC believes that the proposed change 
would promote disclosure of relevant rules and material procedures and 
provide sufficient information to enable participants and other users 
of DTC's services to evaluate fees and other material costs of 
utilizing DTC's services, in accordance with the requirements of Rule 
17Ad-22(e)(23), promulgated under the Act, cited above.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.17Ad-22(e)(23).
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(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any 
impact on competition, because the Two-Day Surcharge is a minimal 
amount and its elimination should not have a material effect on (i) a 
determination by an underwriter on whether to submit an eligibility 
request for a new Issue or (ii) costs incurred by Participants in using 
DTC's eligibility services.

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

    DTC has not received or solicited any written comments relating to 
this proposal. DTC will notify the Commission of any written comments 
received by DTC.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4 
thereunder.\18\ 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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 Submissions

     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-DTC-2017-019 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2017-019. This file

[[Page 48289]]

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 20549-1090 on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of DTC and on DTCC's 
Web site (http://dtcc.com/legal/sec-rule-filings.aspx). 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-DTC-2017-019 and should be 
submitted on or before November 7, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22391 Filed 10-16-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                      Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices                                                              48287

                                                  Planned price adjustments. The                                         whether the planned changes are                        agency. DTC filed the proposed rule
                                                Governors’ Decisions include an                                          consistent with 39 U.S.C. 3632, 3633,                  change pursuant to Section 19(b)(3)(A)
                                                overview of the Postal Service’s planned                                 and 3642, 39 CFR part 3015, and 39 CFR                 of the Act 3 and Rule 19b–4(f)(2)
                                                price changes, which is summarized in                                    3020 subparts B and E. Comments are                    thereunder.4 The Commission is
                                                the table below.                                                         due no later than October 24, 2017. For                publishing this notice to solicit
                                                                                                                         specific details of the planned price                  comments on the proposed rule change
                                                       TABLE I–1—PROPOSED PRICE                                          changes, interested persons are                        from interested persons.
                                                                CHANGES                                                  encouraged to review the Notice, which
                                                                                                                                                                                I. Clearing Agency’s Statement of the
                                                                                                                         is available on the Commission’s Web
                                                                                                                                                                                Terms of Substance of the Proposed
                                                                                                      Average            site, www.prc.gov.
                                                                                                        price                                                                   Rule Change
                                                               Product name                                                 Pursuant to 39 U.S.C. 505, Curtis E.
                                                                                                      increase           Kidd is appointed to serve as Public                      The proposed rule change 5 would
                                                                                                      (percent)
                                                                                                                         Representative to represent the interests              revise the DTC Fee Schedule (‘‘Fee
                                                         Domestic Competitive Products                                   of the general public in this docket.                  Schedule’’) 6 to eliminate a fee charged
                                                                                                                                                                                to Participants that submit an eligibility
                                                Priority Mail Express .....................                      3.9
                                                                                                                         III. Ordering Paragraphs                               request or required offering documents
                                                   Retail .........................................              3.9        It is ordered:                                      for a new issue (‘‘Issue’’) of Securities
                                                   Commercial Base ......................                        3.7        1. The Commission establishes Docket                two business days prior to the Closing
                                                   Commercial Plus .......................                       3.7     No. CP2018–8 to provide interested                     Date (‘‘Two-Day Surcharge’’), as
                                                Priority Mail ...................................                3.9     persons an opportunity to express views                discussed below.
                                                   Retail .........................................              0.8
                                                                                                                         and offer comments on whether the
                                                   Commercial Base ......................                        6.2                                                            II. Clearing Agency’s Statement of the
                                                   Commercial Plus .......................                       6.1     planned changes are consistent with 39
                                                                                                                         U.S.C. 3632, 3633, and 3642, 39 CFR                    Purpose of, and Statutory Basis for, the
                                                Parcel Select ................................        ................                                                          Proposed Rule Change
                                                   Traditional .................................                 4.9     part 3015, and 39 CFR 3020 subparts B
                                                   Lightweight ................................                  7.0     and E.                                                    In its filing with the Commission, the
                                                Parcel Return Service ..................                         4.9        2. Comments are due no later than                   clearing agency included statements
                                                   Return Sectional Center Facility                              5.2     October 24, 2017.                                      concerning the purpose of and basis for
                                                   Return Delivery Unit ..................                       4.6        3. The Commission appoints Curtis E.                the proposed rule change and discussed
                                                First-Class Package Service ........                  ................   Kidd to serve as Public Representative                 any comments it received on the
                                                   Commercial ...............................                    3.9                                                            proposed rule change. The text of these
                                                                                                                         to represent the interests of the general
                                                   Retail .........................................            14.5
                                                Retail Ground ...............................                    3.9     public in this proceeding.                             statements may be examined at the
                                                                                                                            4. The Secretary shall arrange for                  places specified in Item IV below. The
                                                               Domestic Extra Services                                   publication of this order in the Federal               clearing agency has prepared
                                                                                                                         Register.                                              summaries, set forth in sections A, B,
                                                Premium Forwarding Service En-                                                                                                  and C below, of the most significant
                                                                                                                           By the Commission.
                                                  rollment Fee ..............................                    3.9                                                            aspects of such statements.
                                                Adult Signature Service ................              ................   Stacy L. Ruble,
                                                  Basic .........................................                3.4     Secretary.                                             (A) Clearing Agency’s Statement of the
                                                  Person-Specific .........................                      3.3     [FR Doc. 2017–22373 Filed 10–16–17; 8:45 am]           Purpose of, and Statutory Basis for, the
                                                Competitive Post Office Box ........                             6.5     BILLING CODE 7710–FW–P                                 Proposed Rule Change
                                                Package Intercept Service ...........                            3.9
                                                                                                                                                                                1. Purpose
                                                       International Competitive Products                                                                                       Background
                                                                                                                         SECURITIES AND EXCHANGE
                                                Global Express Guaranteed .........                             3.9      COMMISSION                                               The proposed rule change would
                                                Priority Mail Express International                             3.9                                                             revise the Fee Schedule 7 to eliminate
                                                Priority Mail International ..............                      3.9      [Release No. 34–81854; File No. SR–DTC–
                                                                                                                         2017–019]
                                                                                                                                                                                the Two-Day Surcharge, as discussed
                                                International Priority Airmail .........                        3.9                                                             below.
                                                   International Priority Airmail M-                                                                                              Participants 8 are required to provide
                                                      Bags ......................................                3.9Self-Regulatory Organizations; The
                                                                                                                    Depository Trust Company; Notice of                         an eligibility request for specified
                                                International Surface Air Lift .........                         3.9
                                                   International Surface Air Lift M-                                Filing and Immediate Effectiveness of                         3 15  U.S.C. 78s(b)(3)(A).
                                                      Bags ......................................               3.9 Proposed Rule Change To Eliminate a                           4 17  CFR 240.19b–4(f)(2).
                                                Airmail M-Bags .............................                    3.9 Surcharge for Eligibility Requests                             5 Each term not otherwise defined herein has its
                                                First-Class Package International                                   Submitted to DTC Two Days Prior to                          respective meaning as set forth in the Rules, By-
                                                   Service ......................................               3.9 Closing Date                                                Laws and Organization Certificate of DTC (the
                                                                                                                                                                                ‘‘Rules’’), available at http://www.dtcc.com/legal/
                                                International Ancillary Services and Special                             October 11, 2017.                                      rules-and-procedures.aspx, and the DTC
                                                                  Services                                                                                                      Operational Arrangements (Necessary for Securities
                                                                                                                            Pursuant to Section 19(b)(1) of the                 to Become and Remain Eligible for DTC Services)
                                                International Ancillary Services ....                           3.9      Securities Exchange Act of 1934                        (‘‘OA’’), available at http://www.dtcc.com/∼/media/
                                                                                                                         (‘‘Act’’),1 and Rule 19b–4 thereunder,2                Files/Downloads/legal/issue-eligibility/eligibility/
                                                  Source: See Governors’ Decision No. 16–8                               notice is hereby given that on October                 operational-arrangements.pdf.
                                                at 2–5; Governors’ Decision No. 16–10 at 1;                                                                                        6 Available at http://www.dtcc.com/∼/media/
                                                Mail Classification Schedule sections 2105.6,                            2, 2017, The Depository Trust Company                  Files/Downloads/legal/fee-guides/dtcfee
sradovich on DSK3GMQ082PROD with NOTICES




                                                2110.6, 2115.6, 2125.6, 2135.6, 2305.6,                                  (‘‘DTC’’) filed with the Securities and                guide.pdf?la=en.
                                                2315.6, 2335.6, and 2510.9.6.                                            Exchange Commission (‘‘Commission’’)                      7 Supra note 6.


                                                II. Initial Administrative Actions                                       the proposed rule change as described                     8 Only (i) Participants and (ii) underwriters with

                                                                                                                         in Items I, II and III below, which Items              an approved correspondent relationship with a
                                                   The Commission establishes Docket                                     have been prepared by the clearing                     Participant, may request DTC eligibility for a new
                                                No. CP2018–8 to consider the Postal                                                                                             security being offered and distributed. It is therefore
                                                                                                                                                                                incumbent on an Issuer to have a relationship with
                                                Service’s Notice. Interested persons may                                   1 15   U.S.C. 78s(b)(1).                             an underwriter or other financial institution that is
                                                express views and offer comments on                                        2 17   CFR 240.19b–4.                                                                             Continued




                                           VerDate Sep<11>2014        17:10 Oct 16, 2017        Jkt 244001      PO 00000     Frm 00076      Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                48288                         Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices

                                                Securities to DTC by the submission of                   eligibility request for a new Issue                     requirements of Rule 17Ad–22(e)(23),
                                                all required ‘‘Issuer’’ 9 and securities                 submitted two days prior to Closing                     promulgated under the Act, cited above.
                                                data and all required offering                           Date. Therefore, DTC proposes to                        (B) Clearing Agency’s Statement on
                                                documents,10 at a minimum, through                       eliminate the Two-Day Surcharge and                     Burden on Competition
                                                the online Securities Origination,                       revise the Fee Schedule accordingly.
                                                Underwriting and Reliable Corporate                      The Closing Date and One-Day                              DTC does not believe that the
                                                Action Environment (‘‘UW SOURCE’’)                       Surcharges would remain unchanged                       proposed rule change would have any
                                                system for the Security to be considered                 and continue to be charged to                           impact on competition, because the
                                                for full service eligibility at DTC.11 In                Participants to offset costs associated                 Two-Day Surcharge is a minimal
                                                addition to meeting other requirements                   with more manually intensive                            amount and its elimination should not
                                                as set forth in the OA,12 a Participant                  processing associated with the timely                   have a material effect on (i) a
                                                that seeks to make a new Issue eligible                  processing of eligibility requests                      determination by an underwriter on
                                                for Deposit at DTC must submit the                       submitted on or one day before Closing                  whether to submit an eligibility request
                                                eligibility request and offering                         Date, as applicable.                                    for a new Issue or (ii) costs incurred by
                                                documentation described above through                                                                            Participants in using DTC’s eligibility
                                                UW SOURCE at least six business days                     Effective Date of Proposed Rule Change                  services.
                                                prior to the Closing Date. If the                                                                                (C) Clearing Agency’s Statement on
                                                Participant submits the eligibility                         The proposed rule change would be
                                                                                                         effective on October 2, 2017.                           Comments on the Proposed Rule
                                                request or the required offering                                                                                 Change Received From Members,
                                                documentation for a new Issue within                     2. Statutory Basis                                      Participants, or Others
                                                two days or less prior to the Closing
                                                Date, it will be subject to fees, referred                  Section 17A(b)(3)(D) of the Act 14                     DTC has not received or solicited any
                                                to in the Fee Schedule as surcharges                     requires, in part, that the Rules provide               written comments relating to this
                                                (‘‘Surcharges’’), as outlined in the DTC                 for the equitable allocation of reasonable              proposal. DTC will notify the
                                                Fee Schedule: (a) The Two-Day                            dues, fees, and other charges among its                 Commission of any written comments
                                                Surcharge is $2,000 per Issue (b) the                    participants. DTC believes that the                     received by DTC.
                                                Surcharge for submission of an                           proposed rule change provides for the                   III. Date of Effectiveness of the
                                                eligibility request or the required                      equitable allocation of fees charged to                 Proposed Rule Change, and Timing for
                                                offering documentation one day prior to                  Participants, because elimination of the                Commission Action
                                                the Closing Date is $5,000 per Issue                     Two-Day Surcharge would apply to all                       The foregoing rule change has become
                                                (‘‘One-Day Surcharge’’), and (c) the                     Participants. In addition, DTC believes                 effective pursuant to Section 19(b)(3)(A)
                                                Surcharge for submission of an                           that the proposed change is reasonable,                 of the Act 17 and paragraph (f) of Rule
                                                eligibility request or required the                      because the Two-Day Surcharge is no                     19b–4 thereunder.18 At any time within
                                                offering documentation on the Closing                    longer necessary to balance DTC                         60 days of the filing of the proposed rule
                                                Date is $10,000 per Issue (‘‘Closing Date                revenue with its costs associated with                  change, the Commission summarily may
                                                Surcharge’’).13 The Surcharges are                       processing of the applicable eligibility                temporarily suspend such rule change if
                                                designed to cover costs to DTC of                        requests, as discussed above. Therefore,                it appears to the Commission that such
                                                providing expedited processing of the                    DTC believes that the proposed rule                     action is necessary or appropriate in the
                                                eligibility request.                                     change is consistent with the                           public interest, for the protection of
                                                Proposed Rule Change                                     requirements of Section 17A(b)(3)(D) of                 investors, or otherwise in furtherance of
                                                                                                         the Act.15                                              the purposes of the Act.
                                                  After reviewing its cost structure
                                                relating to eligibility processing, DTC                     The proposed rule change is also                     IV. Solicitation of Comments
                                                has determined that due to the                           designed to be consistent with Rule
                                                                                                         17Ad–22(e)(23) of the Act.16 Rule                         Interested persons are invited to
                                                development of enhanced systemic and
                                                                                                         17Ad–22(e)(23) requires DTC, inter alia,                submit written data, views, and
                                                processing efficiencies over time, the
                                                                                                         to establish, implement, maintain and                   arguments concerning the foregoing,
                                                Two-Day Surcharge is no longer
                                                                                                         enforce written policies and procedures                 including whether the proposed rule
                                                necessary to be charged in order to
                                                                                                                                                                 change is consistent with the Act.
                                                cover the cost of processing an                          reasonably designed to provide
                                                                                                                                                                 Comments may be submitted by any of
                                                                                                         sufficient information to enable
                                                                                                                                                                 the following methods:
                                                a Participant or is directly associated with a           participants to identify and evaluate the
                                                Participant that is willing to sponsor the eligibility   risks, fees, and other material costs they              Electronic Submissions
                                                process for the Issuer’s securities. See OA, supra
                                                note 5 at 1–2.
                                                                                                         incur by participating in the covered                     • Use the Commission’s Internet
                                                  9 ‘‘Issuer’’ is defined as an issuer of Securities     clearing agency. The proposed rule                      comment form (http://www.sec.gov/
                                                deposited at DTC. See OA, supra note 5 at 1.             change, as described above, would                       rules/sro.shtml); or
                                                                                                         update the Fee Schedule to reflect the                    • Send an email to rule-comments@
                                                  10 The eligibility request must contain the (i)

                                                identity of the lead underwriter, (ii) CUSIP             proposed elimination of the Two-Day
                                                number(s), (iii) principal/share amount, as                                                                      sec.gov. Please include File Number SR–
                                                applicable per CUSIP, and interest rates and             Surcharge. As such, DTC believes that                   DTC–2017–019 on the subject line.
                                                maturity dates, as applicable per CUSIP. The             the proposed change would promote
                                                preliminary offering document must be submitted          disclosure of relevant rules and material               Paper Comments
                                                and (e.g., official statement, prospectus, offering      procedures and provide sufficient                         • Send paper comments in triplicate
                                                memorandum) provide relevant information
sradovich on DSK3GMQ082PROD with NOTICES




                                                necessary for DTC to process the Issue (e.g., Issuer     information to enable participants and                  to Secretary, Securities and Exchange
                                                name, description of the Security, denominations,        other users of DTC’s services to evaluate               Commission, 100 F Street NE.,
                                                name of the trustee, paying agent, transfer agent,       fees and other material costs of utilizing              Washington, DC 20549–1090.
                                                and if applicable, other features of the Security,
                                                such as an early redemption). See Exhibit B of OA,
                                                                                                         DTC’s services, in accordance with the                  All submissions should refer to File
                                                supra note 5.                                                                                                    Number SR–DTC–2017–019. This file
                                                  11 See OA, supra note 5 at 1–2.                          14 15    U.S.C. 78q–1(b)(3)(D).
                                                  12 See Exhibit B of OA, supra note 5.                    15 Id.                                                  17 15   U.S.C. 78s(b)(3)(A).
                                                  13 See Fee Schedule, supra note 6 at 28.                 16 17    CFR 240.17Ad–22(e)(23).                        18 17   CFR 240.19b–4(f).



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                                                                                 Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices                                                48289

                                                number should be included on the                          Commission (‘‘Commission’’), pursuant                 SECURITIES AND EXCHANGE
                                                subject line if email is used. To help the                to Section 19(b)(1) of the Securities                 COMMISSION
                                                Commission process and review your                        Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                comments more efficiently, please use                     19b–4 thereunder,2 a proposed rule                    [Release No. 34–81849; File No. SR–
                                                only one method. The Commission will                      change to list and trade shares of the                BatsBYX–2017–19; SR–BatsBZX–2017–55;
                                                post all comments on the Commission’s                                                                           SR–BatsEDGA–2017–22; SR–BatsEDGX–
                                                                                                          U.S. Equity Cumulative Dividends
                                                Internet Web site (http://www.sec.gov/                                                                          2017–35]
                                                                                                          Fund—Series 2027 and the U.S. Equity
                                                rules/sro.shtml). Copies of the                           Ex-Dividend Fund—Series 2027 under                    Self-Regulatory Organizations; Bats
                                                submission, all subsequent                                NYSE Arca Equities Rule 8.200,                        BYX Exchange, Inc.; Bats BZX
                                                amendments, all written statements                        Commentary .02. The proposed rule                     Exchange, Inc.; Bats EDGA Exchange,
                                                with respect to the proposed rule                         change was published for comment in                   Inc.; Bats EDGX Exchange, Inc.; Order
                                                change that are filed with the                            the Federal Register on August 28,                    Granting Approval of Proposed Rule
                                                Commission, and all written
                                                                                                          2017.3 The Commission has received no                 Changes, as Modified by Amendments
                                                communications relating to the
                                                                                                          comment letters on the proposed rule                  No. 1, To Harmonize the Corporate
                                                proposed rule change between the
                                                                                                          change.                                               Governance Framework of Each
                                                Commission and any person, other than
                                                                                                             Section 19(b)(2) of the Act 4 provides             Exchange With That of Chicago Board
                                                those that may be withheld from the
                                                                                                          that, within 45 days of the publication               Options Exchange, Incorporated and
                                                public in accordance with the
                                                                                                                                                                C2 Options Exchange, Incorporated
                                                provisions of 5 U.S.C. 552, will be                       of notice of the filing of a proposed rule
                                                available for Web site viewing and                        change, or within such longer period up               October 11, 2017.
                                                printing in the Commission’s Public                       to 90 days as the Commission may
                                                Reference Room, 100 F Street NE.,                                                                               I. Introduction
                                                                                                          designate if it finds such longer period
                                                Washington, DC 20549–1090 on official                     to be appropriate and publishes its                      On August 23, 2017, each of Bats BYX
                                                business days between the hours of                        reasons for so finding or as to which the             Exchange, Inc. (‘‘BYX’’), Bats BZX
                                                10:00 a.m. and 3:00 p.m. Copies of the                    self-regulatory organization consents,                Exchange, Inc. (‘‘BZX’’), Bats EDGA
                                                filing also will be available for                         the Commission shall either approve the               Exchange, Inc. (‘‘EDGA’’), and Bats
                                                inspection and copying at the principal                   proposed rule change, disapprove the                  EDGX Exchange, Inc. (‘‘EDGX’’) (each,
                                                office of DTC and on DTCC’s Web site                      proposed rule change, or institute                    an ‘‘Exchange’’ and collectively,
                                                (http://dtcc.com/legal/sec-rule-                          proceedings to determine whether the                  ‘‘Exchanges’’) filed with the Securities
                                                filings.aspx). All comments received                      proposed rule change should be                        and Exchange Commission
                                                will be posted without change; the                        disapproved. The 45th day after                       (‘‘Commission’’), pursuant to Section
                                                Commission does not edit personal                                                                               19(b)(1) of the Securities Exchange Act
                                                                                                          publication of the notice for this
                                                identifying information from                                                                                    of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                          proposed rule change is October 12,
                                                submissions. You should submit only                                                                             thereunder,2 a proposed rule change to
                                                information that you wish to make                         2017. The Commission is extending this                align its corporate governance
                                                available publicly. All submissions                       45-day time period. The Commission                    framework to the structure of other U.S.
                                                should refer to File Number SR–DTC–                       finds that it is appropriate to designate             securities exchanges owned by its
                                                2017–019 and should be submitted on                       a longer period within which to take                  ultimate parent company, CBOE
                                                or before November 7, 2017.                               action on the proposed rule change so                 Holdings, Inc. (‘‘CBOE Holdings’’). On
                                                                                                          that it has sufficient time to consider the           August 25, 2017, each of BYX, BZX,
                                                  For the Commission, by the Division of
                                                Trading and Markets, pursuant to delegated                proposed rule change.                                 EDGA, and EDGX filed Amendment No.
                                                authority.19                                                 Accordingly, the Commission,                       1 to its respective proposed rule change.
                                                Eduardo A. Aleman,                                        pursuant to Section 19(b)(2) of the Act,5             The proposed rule changes, as modified
                                                Assistant Secretary.                                      designates November 26, 2017 as the                   by Amendments No. 1, were published
                                                [FR Doc. 2017–22391 Filed 10–16–17; 8:45 am]              date by which the Commission shall                    for comment in the Federal Register on
                                                                                                          either approve or disapprove or institute             September 6, 2017.3 The Commission
                                                BILLING CODE 8011–01–P
                                                                                                          proceedings to determine whether to                   received no comments on the proposed
                                                                                                          disapprove the proposed rule change                   rule changes. This order grants approval
                                                SECURITIES AND EXCHANGE                                   (File Number SR–NYSEArca–2017–88).                    of the proposed rule changes, each as
                                                COMMISSION                                                                                                      modified by its respective Amendment
                                                                                                            For the Commission, by the Division of              No. 1.
                                                [Release No. 34–81848; File No. SR–                       Trading and Markets, pursuant to delegated
                                                NYSEArca–2017–88]                                         authority.6                                           II. Background
                                                                                                          Eduardo A. Aleman,                                       On December 16, 2016, the
                                                Self-Regulatory Organizations; NYSE                                                                             Commission approved proposed rule
                                                                                                          Assistant Secretary.
                                                Arca, Inc.; Notice of Designation of a                                                                          changes relating to a corporate
                                                Longer Period for Commission Action                       [FR Doc. 2017–22386 Filed 10–16–17; 8:45 am]
                                                                                                                                                                transaction (‘‘Transaction’’) in which
                                                on Proposed Rule Change To List and                       BILLING CODE 8011–01–P
                                                                                                                                                                CBOE Holdings became the ultimate
                                                Trade the Shares of the U.S. Equity
                                                Cumulative Dividends Fund—Series                                                                                  1 15  U.S.C. 78s(b)(1).
                                                2027 and the U.S. Equity Ex-Dividend                                                                              2 17  CFR 240.19b–4.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Fund—Series 2027 Under NYSE Arca                                                                                   3 See Securities Exchange Act Release Nos. 81498
                                                                                                            1 15  U.S.C. 78s(b)(1).
                                                Equities Rule 8.200, Commentary .02                                                                             (August 30, 2017), 82 FR 42127 (September 6, 2017)
                                                                                                            2 17  CFR 240.19b–4.                                (‘‘BYX Notice’’); 81497 (August 30, 2017), 82 FR
                                                October 11, 2017.                                           3 See Securities Exchange Act Release No. 81453     42181 (September 6, 2017) (‘‘BZX Notice’’); 81496
                                                   On August 8, 2017, NYSE Arca, Inc.                     (August 22, 2017), 82 FR 40816.                       (August 30, 2017), 82 FR 42206 (September 6, 2017)
                                                                                                                                                                (‘‘EDGA Notice’’); and 81503 (August 30, 2017), 82
                                                filed with the Securities and Exchange                      4 15 U.S.C. 78s(b)(2).
                                                                                                                                                                FR 42153 (September 6, 2017) (‘‘EDGX Notice,’’ and
                                                                                                            5 Id.
                                                                                                                                                                together with the BYX Notice, BZX Notice, and
                                                  19 17   CFR 200.30–3(a)(12).                              6 17 CFR 200.30–3(a)(31).                           EDGA Notice, ‘‘Notices’’).



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Document Created: 2017-10-17 01:11:27
Document Modified: 2017-10-17 01:11:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 48287 

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