82_FR_52107 82 FR 51892 - Self-Regulatory Organizations; The Depository Trust Company; National Securities Clearing Corporation; Fixed Income Clearing Corporation; Order Approving Proposed Rule Changes To Adopt the Clearing Agency Securities Valuation Framework

82 FR 51892 - Self-Regulatory Organizations; The Depository Trust Company; National Securities Clearing Corporation; Fixed Income Clearing Corporation; Order Approving Proposed Rule Changes To Adopt the Clearing Agency Securities Valuation Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range51892-51894
FR Document2017-24257

Federal Register, Volume 82 Issue 215 (Wednesday, November 8, 2017)
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51892-51894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24257]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82006; File Nos. SR-DTC-2017-016; SR-NSCC-2017-016; SR-
FICC-2017-020]


Self-Regulatory Organizations; The Depository Trust Company; 
National Securities Clearing Corporation; Fixed Income Clearing 
Corporation; Order Approving Proposed Rule Changes To Adopt the 
Clearing Agency Securities Valuation Framework

November 2, 2017.

I. Introduction

    On September 8, 2017, The Depository Trust Company (``DTC''), 
National Securities Clearing Corporation (``NSCC''), and Fixed Income 
Clearing Corporation (``FICC,'' each a ``Clearing Agency,'' and 
together with DTC and NSCC, the ``Clearing Agencies''), filed with the 
Securities and Exchange Commission (``Commission'') proposed rule 
changes SR-DTC-2017-016, SR-NSCC-2017-016, and SR-FICC-2017-020, 
respectively, pursuant to Section 19(b)(1) of the Securities Exchange 
Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The proposed 
rule changes were published for comment in the Federal Register on 
September 27, 2017.\3\ The Commission did not receive any comment 
letters on the proposed rule changes. For the reasons discussed below, 
the Commission approves the proposed rule changes.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81667 (September 21, 
2017), 82 FR 45106 (September 27, 2017) (SR-DTC-2017-016; SR-NSCC-
2017-016; SR-FICC-2017-020) (``Notice'').
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II. Description of the Proposed Rule Changes

    The Clearing Agencies propose to adopt the Clearing Agency 
Securities Valuation Framework (``Framework'') of the Clearing 
Agencies, as described below.

A. Overview of the Framework

    The Framework would address the manner in which the Clearing 
Agencies select and review ``Pricing Vendors'' and value securities 
that the Clearing Agencies process or otherwise hold. The proposed rule 
changes would set forth the securities valuation practices adopted by 
the Clearing Agencies for securities eligible for clearance and 
settlement processing by the applicable Clearing Agency; and in the 
case of FICC and NSCC, as central counterparties (``CCPs''), securities 
eligible to be held in their respective clearing funds.\4\
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    \4\ Id.
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B. Selection of Pricing Vendors

    Each Clearing Agency would price securities for both end-of-day and 
intraday value primarily through pricing data supplied by third-party 
pricing vendors (``Pricing Vendors'').\5\ For most securities, Pricing 
Vendors would supply the Clearing Agencies with intraday pricing data 
on at least an hourly basis.\6\ Pricing Vendors would be selected by 
each Clearing Agency based on a review of their service, including, at 
a minimum, a review of Pricing Vendors' securities coverage and a price 
quality check.\7\
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    \5\ Id. at 45107.
    \6\ Certain securities may not be priced daily, and others may 
only be priced once each business day. Id.
    \7\ Id.
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    The Framework would provide that each security be assigned a 
primary source Pricing Vendor (``Primary Pricing Vendor'') and a 
secondary source Pricing Vendor (``Secondary Pricing Vendor'').\8\ In 
the event that the Primary Pricing Vendor becomes unavailable, 
unreliable, or otherwise unusable with respect to a security, the 
Secondary Pricing Vendor would be designated as the replacement for the 
Primary Pricing Vendor with respect to such security.\9\
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    \8\ Id.
    \9\ Id.
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    Each Clearing Agency would perform due diligence on each Pricing 
Vendor prior to engagement, and at least annually thereafter, to assess 
the

[[Page 51893]]

reliability of such Pricing Vendor.\10\ Reliability of a Pricing Vendor 
would be determined by each Clearing Agency based on a range of 
factors, including whether such Pricing Vendor can provide accurate and 
timely pricing data with respect to each security.\11\
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    \10\ Id.
    \11\ Id.
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C. Monitoring and Pricing

    Each Clearing Agency would monitor and review each applicable 
Pricing Vendor's pricing at least once each business day to determine 
(i) whether any security's price has remained unchanged for an extended 
period; (ii) whether a security has been dropped from the Pricing 
Vendor's file; and (iii) whether any other circumstances exist that may 
call into question the reliability of any security's price.\12\
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

    Each security's end-of-day price would be date stamped, and each 
intraday price would be time and date stamped. Both end-of-day and 
intraday prices would be identified with a Pricing Vendor source.\13\ 
In the event that both a Primary Pricing Vendor and a Secondary Pricing 
Vendor become unavailable, unreliable, or otherwise unusable with 
respect to a security, the applicable Clearing Agency would assign such 
security its last available price.\14\ If pricing data for a security 
is unavailable from a Pricing Vendor, or if the last available price is 
deemed to be unreliable or unusable, the applicable Clearing Agency 
would establish a price for the security based on valuation models, 
where applicable, and in accordance with the policies and procedures 
that support the Framework.\15\
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    \13\ Id.
    \14\ Id.
    \15\ Id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a 
proposed rule change of a self-regulatory organization if it finds that 
such proposed rule change is consistent with the requirements of the 
Act and rules and regulations thereunder applicable to such 
organization.\16\ After carefully considering the proposed rule 
changes, the Commission finds that the proposed rule changes are 
consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to the Clearing Agencies. 
Specifically, the Commission finds that the proposed rule changes are 
consistent with Section 17A(b)(3)(F) of the Act \17\ as well as Rules 
17Ad-22(e)(4)(i) \18\ and (e)(6)(iv) \19\ under the Act.
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    \16\ 15 U.S.C. 78s(b)(2)(C).
    \17\ 15 U.S.C. 78q-1(b)(3)(F).
    \18\ 17 CFR 240.17Ad-22(e)(4)(i).
    \19\ 17 CFR 240.17Ad-22(e)(6)(iv).
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A. Consistency With Section 17A(b)(3)(F)

    Section 17A(b)(3)(F) of the Act requires, in part, that the rules 
of a registered clearing agency be designed to promote prompt and 
accurate clearance and settlement, and assure the safeguarding of 
securities and funds which are in the custody or control of the 
Clearing Agencies or for which they are responsible.\20\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, the Framework would describe the manner in 
which the Clearing Agencies select and review their Pricing Vendors, 
and how the Clearing Agencies value securities that the Clearing 
Agencies process or otherwise hold. By describing the Clearing 
Agencies' Pricing Vendors selection process and securities valuation 
practices in a clear and comprehensive manner, the Framework is 
designed to provide (i) reliable sources of timely price data, and (ii) 
a sound valuation practice when pricing data is not readily available. 
In doing so, the Framework would help the Clearing Agencies to promptly 
and accurately value (i) the securities that the Clearing Agencies 
process for clearance and settlement purposes; (ii) for DTC, the 
available collateral for a participant's net settlement obligation, 
which DTC monitors to help mitigate the credit risk that participants 
\21\ present to DTC; \22\ and (iii) for NSCC and FICC, the securities 
held in their respective clearing funds, which are maintained to help 
mitigate the credit risk that participants present to NSCC and FICC, as 
applicable.\23\ By establishing a framework for accurately valuing 
securities that the Clearing Agencies process and hold for risk 
management purposes, the Framework would better position the Clearing 
Agencies to continue their critical operations and services, promptly 
and accurately, and mitigate the risk of financial loss to the Clearing 
Agencies and their non-defaulting participants due to a participant 
default.
---------------------------------------------------------------------------

    \21\ DTC refers to its participants as ``Participants,'' while 
NSCC and FICC refer to their participants as ``Members.'' These 
terms are defined in the rules of each of the Clearing Agencies. In 
this order, ``participant'' or ``participants'' refers to both the 
Participants of DTC and the Members of FICC and NSCC.
    \22\ DTC: Disclosure under the Principles for Financial Market 
Infrastructures, available at http://www.dtcc.com/legal/policy-and-compliance.
    \23\ NSCC: Disclosure under the Principles for Financial Market 
Infrastructures, and FICC: Disclosure under the Principles for 
Financial Market Infrastructures, available at http://www.dtcc.com/legal/policy-and-compliance.
---------------------------------------------------------------------------

    Therefore, the Commission finds that the proposed rule changes are 
designed to help promote prompt and accurate clearance and settlement, 
and assure the safeguarding of securities and funds which are in the 
custody or control of the Clearing Agencies or for which they are 
responsible, consistent with Section 17A(b)(3)(F) of the Act.\24\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(4)(i)

    Rule 17Ad-22(e)(4)(i) under the Act requires that each covered 
clearing agency establish, implement, maintain and enforce written 
policies and procedures reasonably designed to effectively identify, 
measure, monitor, and manage its credit exposures to participants and 
those arising from its payment, clearing, and settlement processes by 
maintaining sufficient financial resources to cover its credit exposure 
to each participant fully with a high degree of confidence.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 240.17Ad-22(e)(4)(i).
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    As described above, the Framework would describe how the Clearing 
Agencies select and review their Pricing Vendors, and how the Clearing 
Agencies price securities that the Clearing Agencies process or 
otherwise hold, even when pricing data becomes unavailable or 
unreliable. In doing so, the Framework would help ensure that each 
Clearing Agency uses (i) reliable sources of timely price data when 
pricing securities processed or otherwise held by the Clearing Agency 
and (ii) clear valuation procedures when pricing data is not readily 
available or reliable. The Framework would further provide that the 
prices provided by each Pricing Vendor would be reviewed at least 
daily, which would help ensure that prices are accurate and reliable.
    By codifying these aforementioned practices in the Framework, the 
Framework is designed to help ensure that securities are priced 
appropriately. By appropriately pricing securities, the Clearing 
Agencies can more accurately calculate the value of the securities that 
the Clearing Agencies monitor or held for risk management purposes, as 
described above. Based on the value of the securities, a Clearing 
Agency may require a participant to provide more financial resources or 
limit the participants' activities pursuant to the Clearing Agency's 
rules, in order to better manage the credit risk presented

[[Page 51894]]

by the participant.\26\ Therefore, the Commission finds that the 
proposed rule changes are designed to help ensure that the Clearing 
Agencies maintain sufficient financial resources to cover their credit 
exposure to each participant with a high degree of confidence, 
consistent with Rule 17Ad-22(e)(4)(i) under the Act.\27\
---------------------------------------------------------------------------

    \26\ See the GSD Rulebook of FICC, Rule 4--Clearing Fund and 
Loss Allocation; the MBSD Clearing Rules of FICC, Rule 4--Clearing 
Fund and Loss Allocation; Rules and Procedures of NSCC, Procedure 
XV--Clearing Fund Formula and Other Matters; By-Laws and 
Organizational Certificate of DTC, Rule 4--Participants Fund and 
Participants Investment, available at http://dtcc.com/legal/rules-and-procedures.
    \27\ 17 CFR 240.17Ad-22(e)(4)(i).
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(e)(6)(iv)

    Rule 17Ad-22(e)(6)(iv) under the Act requires that each covered 
clearing agency that is a CCP to establish, implement, maintain and 
enforce written policies and procedures reasonably designed to cover 
its credit exposures to its participants by establishing a risk-based 
margin system that, at a minimum, uses reliable sources of timely price 
data and uses procedures and sound valuation models for addressing 
circumstances in which pricing data are not readily available or 
reliable.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 240.17Ad-22(e)(6)(iv).
---------------------------------------------------------------------------

    As described above, the Framework provides that NSCC and FICC, each 
a CCP, would perform due diligence on each Pricing Vendor prior to 
engagement, and at least annually thereafter, to assess the reliability 
of such Pricing Vendor. The Framework also describes how NSCC and FICC 
would select two Pricing Vendors for each security in case one becomes 
unavailable, unreliable, or otherwise unusable. In the event that both 
Primary and Secondary Pricing Vendors become unavailable, unreliable, 
or unusable, the Framework provides that NSCC and FICC would assign 
each affected security its last available price. The Framework would 
further provide that, if the last available price is unavailable, 
unreliable, or otherwise unusable for a security, NSCC and FICC would 
establish a price for that security based on valuation models (where 
applicable) and in accordance with the policies and procedures that 
support the Framework. By setting forth how NSCC and FICC would select 
Pricing Vendors that can provide timely and reliable pricing data, and 
how NSCC and FICC would price securities when pricing data is not 
readily available or reliable, the Commission finds that the proposed 
rule changes are consistent with Rule 17Ad-22(e)(6)(iv) under the 
Act.\29\
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    \29\ Id.
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III. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposed rule changes are consistent with the requirements of the Act 
and in particular with Section 17A(b)(3)(F) \30\ of the Act and the 
rules and regulations thereunder.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act, 
that proposed rule changes SR-DTC-2017-016, SR-NSCC-2017-016, or SR-
FICC-2017-020 be, and hereby are, APPROVED.\31\
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    \31\ In approving the Proposed Rule Changes, the Commission 
considered the proposals' impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\32\
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    \32\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24257 Filed 11-7-17; 8:45 am]
 BILLING CODE 8011-01-P



                                               51892                     Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

                                                  At any time within 60 days of the                    Washington, DC 20549 on official                      rule changes. For the reasons discussed
                                               filing of the proposed rule change, the                 business days between the hours of                    below, the Commission approves the
                                               Commission summarily may                                10:00 a.m. and 3:00 p.m. Copies of the                proposed rule changes.
                                               temporarily suspend such rule change if                 filing also will be available for
                                                                                                                                                             II. Description of the Proposed Rule
                                               it appears to the Commission that such                  inspection and copying at the principal
                                                                                                       office of the Exchange. All comments                  Changes
                                               action is necessary or appropriate in the
                                               public interest, for the protection of                  received will be posted without change.                 The Clearing Agencies propose to
                                               investors, or otherwise in furtherance of               Persons submitting comments are                       adopt the Clearing Agency Securities
                                               the purposes of the Act. If the                         cautioned that we do not redact or edit               Valuation Framework (‘‘Framework’’) of
                                               Commission takes such action, the                       personal identifying information from                 the Clearing Agencies, as described
                                               Commission shall institute proceedings                  comment submissions. You should                       below.
                                               to determine whether the proposed rule                  submit only information that you wish
                                                                                                       to make available publicly. All                       A. Overview of the Framework
                                               change should be approved or
                                               disapproved.                                            submissions should refer to File                         The Framework would address the
                                                                                                       Number SR–NYSEArca–2017–126 and                       manner in which the Clearing Agencies
                                               IV. Solicitation of Comments                            should be submitted on or before                      select and review ‘‘Pricing Vendors’’
                                                 Interested persons are invited to                     November 29, 2017.                                    and value securities that the Clearing
                                               submit written data, views, and                           For the Commission, by the Division of              Agencies process or otherwise hold. The
                                               arguments concerning the foregoing,                     Trading and Markets, pursuant to delegated            proposed rule changes would set forth
                                               including whether the proposed rule                     authority.12                                          the securities valuation practices
                                               change is consistent with the Act.                      Eduardo A. Aleman,                                    adopted by the Clearing Agencies for
                                               Comments may be submitted by any of                     Assistant Secretary.                                  securities eligible for clearance and
                                               the following methods:                                  [FR Doc. 2017–24255 Filed 11–7–17; 8:45 am]           settlement processing by the applicable
                                               Electronic Comments                                     BILLING CODE 8011–01–P
                                                                                                                                                             Clearing Agency; and in the case of
                                                                                                                                                             FICC and NSCC, as central
                                                  • Use the Commission’s Internet                                                                            counterparties (‘‘CCPs’’), securities
                                               comment form (http://www.sec.gov/                       SECURITIES AND EXCHANGE                               eligible to be held in their respective
                                               rules/sro.shtml); or                                    COMMISSION                                            clearing funds.4
                                                  • Send an email to rule-comments@
                                               sec.gov. Please include File Number SR–                 [Release No. 34–82006; File Nos. SR–DTC–              B. Selection of Pricing Vendors
                                               NYSEArca–2017–126 on the subject                        2017–016; SR–NSCC–2017–016; SR–FICC–
                                                                                                       2017–020]                                                Each Clearing Agency would price
                                               line.                                                                                                         securities for both end-of-day and
                                               Paper Comments                                          Self-Regulatory Organizations; The                    intraday value primarily through pricing
                                                  • Send paper comments in triplicate                  Depository Trust Company; National                    data supplied by third-party pricing
                                               to Secretary, Securities and Exchange                   Securities Clearing Corporation; Fixed                vendors (‘‘Pricing Vendors’’).5 For most
                                               Commission, 100 F Street NE.,                           Income Clearing Corporation; Order                    securities, Pricing Vendors would
                                               Washington, DC 20549–1090.                              Approving Proposed Rule Changes To                    supply the Clearing Agencies with
                                                                                                       Adopt the Clearing Agency Securities                  intraday pricing data on at least an
                                               All submissions should refer to File                                                                          hourly basis.6 Pricing Vendors would be
                                                                                                       Valuation Framework
                                               Number SR–NYSEArca-2017–126. This                                                                             selected by each Clearing Agency based
                                               file number should be included on the                   November 2, 2017.                                     on a review of their service, including,
                                               subject line if email is used. To help the                                                                    at a minimum, a review of Pricing
                                               Commission process and review your                      I. Introduction
                                                                                                          On September 8, 2017, The                          Vendors’ securities coverage and a price
                                               comments more efficiently, please use                                                                         quality check.7
                                               only one method. The Commission will                    Depository Trust Company (‘‘DTC’’),
                                                                                                       National Securities Clearing Corporation                 The Framework would provide that
                                               post all comments on the Commission’s
                                                                                                       (‘‘NSCC’’), and Fixed Income Clearing                 each security be assigned a primary
                                               Internet Web site (http://www.sec.gov/
                                                                                                       Corporation (‘‘FICC,’’ each a ‘‘Clearing              source Pricing Vendor (‘‘Primary Pricing
                                               rules/sro.shtml). Copies of the
                                                                                                       Agency,’’ and together with DTC and                   Vendor’’) and a secondary source
                                               submission, all subsequent
                                                                                                       NSCC, the ‘‘Clearing Agencies’’), filed               Pricing Vendor (‘‘Secondary Pricing
                                               amendments, all written statements
                                                                                                       with the Securities and Exchange                      Vendor’’).8 In the event that the Primary
                                               with respect to the proposed rule
                                                                                                       Commission (‘‘Commission’’) proposed                  Pricing Vendor becomes unavailable,
                                               change that are filed with the
                                                                                                       rule changes SR–DTC–2017–016, SR–                     unreliable, or otherwise unusable with
                                               Commission, and all written
                                                                                                       NSCC–2017–016, and SR–FICC–2017–                      respect to a security, the Secondary
                                               communications relating to the
                                                                                                       020, respectively, pursuant to Section                Pricing Vendor would be designated as
                                               proposed rule change between the
                                                                                                       19(b)(1) of the Securities Exchange Act               the replacement for the Primary Pricing
                                               Commission and any person, other than
                                                                                                       of 1934 (‘‘Act’’) 1 and Rule 19b–4                    Vendor with respect to such security.9
                                               those that may be withheld from the
                                               public in accordance with the                           thereunder.2 The proposed rule changes                   Each Clearing Agency would perform
                                               provisions of 5 U.S.C. 552, will be                     were published for comment in the                     due diligence on each Pricing Vendor
                                               available for Web site viewing and                      Federal Register on September 27,                     prior to engagement, and at least
                                               printing in the Commission’s Public                     2017.3 The Commission did not receive                 annually thereafter, to assess the
                                               Reference Room, 100 F Street NE.,                       any comment letters on the proposed
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                                                                               4 Id.

                                                                                                         12 17                                                 5 Id. at 45107.
                                               give the Commission written notice of its intent to             CFR 200.30–3(a)(12).
                                                                                                         1 15 U.S.C. 78s(b)(1).                                6 Certain  securities may not be priced daily, and
                                               file the proposed rule change, along with a brief
                                               description and the text of the proposed rule             2 17 CFR 240.19b–4.                                 others may only be priced once each business day.
                                               change, at least five business days prior to the date     3 See Securities Exchange Act Release No. 81667     Id.
                                                                                                                                                               7 Id.
                                               of filing of the proposed rule change, or such          (September 21, 2017), 82 FR 45106 (September 27,
                                                                                                                                                               8 Id.
                                               shorter time as designated by the Commission. The       2017) (SR–DTC–2017–016; SR–NSCC–2017–016;
                                               Exchange has satisfied this requirement.                SR–FICC–2017–020) (‘‘Notice’’).                         9 Id.




                                          VerDate Sep<11>2014   17:26 Nov 07, 2017   Jkt 244001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\08NON1.SGM    08NON1


                                                                             Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices                                                    51893

                                               reliability of such Pricing Vendor.10                       17A(b)(3)(F) of the Act 17 as well as                       mitigate the risk of financial loss to the
                                               Reliability of a Pricing Vendor would be                    Rules 17Ad–22(e)(4)(i) 18 and (e)(6)(iv) 19                 Clearing Agencies and their non-
                                               determined by each Clearing Agency                          under the Act.                                              defaulting participants due to a
                                               based on a range of factors, including                                                                                  participant default.
                                                                                                           A. Consistency With Section
                                               whether such Pricing Vendor can                                                                                           Therefore, the Commission finds that
                                                                                                           17A(b)(3)(F)
                                               provide accurate and timely pricing data                                                                                the proposed rule changes are designed
                                               with respect to each security.11                               Section 17A(b)(3)(F) of the Act                          to help promote prompt and accurate
                                                                                                           requires, in part, that the rules of a                      clearance and settlement, and assure the
                                               C. Monitoring and Pricing                                   registered clearing agency be designed                      safeguarding of securities and funds
                                                  Each Clearing Agency would monitor                       to promote prompt and accurate                              which are in the custody or control of
                                               and review each applicable Pricing                          clearance and settlement, and assure the                    the Clearing Agencies or for which they
                                               Vendor’s pricing at least once each                         safeguarding of securities and funds                        are responsible, consistent with Section
                                               business day to determine (i) whether                       which are in the custody or control of                      17A(b)(3)(F) of the Act.24
                                               any security’s price has remained                           the Clearing Agencies or for which they
                                               unchanged for an extended period; (ii)                      are responsible.20                                          B. Consistency With Rule 17Ad–
                                               whether a security has been dropped                            As described above, the Framework                        22(e)(4)(i)
                                               from the Pricing Vendor’s file; and (iii)                   would describe the manner in which the
                                                                                                                                                                          Rule 17Ad–22(e)(4)(i) under the Act
                                               whether any other circumstances exist                       Clearing Agencies select and review
                                                                                                                                                                       requires that each covered clearing
                                               that may call into question the                             their Pricing Vendors, and how the
                                                                                                                                                                       agency establish, implement, maintain
                                               reliability of any security’s price.12                      Clearing Agencies value securities that
                                                                                                                                                                       and enforce written policies and
                                                  Each security’s end-of-day price                         the Clearing Agencies process or
                                                                                                                                                                       procedures reasonably designed to
                                               would be date stamped, and each                             otherwise hold. By describing the
                                                                                                                                                                       effectively identify, measure, monitor,
                                               intraday price would be time and date                       Clearing Agencies’ Pricing Vendors
                                                                                                                                                                       and manage its credit exposures to
                                               stamped. Both end-of-day and intraday                       selection process and securities
                                                                                                                                                                       participants and those arising from its
                                               prices would be identified with a                           valuation practices in a clear and
                                                                                                                                                                       payment, clearing, and settlement
                                               Pricing Vendor source.13 In the event                       comprehensive manner, the Framework
                                                                                                           is designed to provide (i) reliable                         processes by maintaining sufficient
                                               that both a Primary Pricing Vendor and                                                                                  financial resources to cover its credit
                                               a Secondary Pricing Vendor become                           sources of timely price data, and (ii) a
                                                                                                           sound valuation practice when pricing                       exposure to each participant fully with
                                               unavailable, unreliable, or otherwise                                                                                   a high degree of confidence.25
                                               unusable with respect to a security, the                    data is not readily available. In doing so,
                                                                                                           the Framework would help the Clearing                          As described above, the Framework
                                               applicable Clearing Agency would                                                                                        would describe how the Clearing
                                               assign such security its last available                     Agencies to promptly and accurately
                                                                                                           value (i) the securities that the Clearing                  Agencies select and review their Pricing
                                               price.14 If pricing data for a security is                                                                              Vendors, and how the Clearing Agencies
                                                                                                           Agencies process for clearance and
                                               unavailable from a Pricing Vendor, or if                                                                                price securities that the Clearing
                                                                                                           settlement purposes; (ii) for DTC, the
                                               the last available price is deemed to be                                                                                Agencies process or otherwise hold,
                                                                                                           available collateral for a participant’s
                                               unreliable or unusable, the applicable                                                                                  even when pricing data becomes
                                                                                                           net settlement obligation, which DTC
                                               Clearing Agency would establish a price                                                                                 unavailable or unreliable. In doing so,
                                                                                                           monitors to help mitigate the credit risk
                                               for the security based on valuation                                                                                     the Framework would help ensure that
                                                                                                           that participants 21 present to DTC; 22
                                               models, where applicable, and in                                                                                        each Clearing Agency uses (i) reliable
                                                                                                           and (iii) for NSCC and FICC, the
                                               accordance with the policies and                                                                                        sources of timely price data when
                                                                                                           securities held in their respective
                                               procedures that support the                                                                                             pricing securities processed or
                                                                                                           clearing funds, which are maintained to
                                               Framework.15                                                help mitigate the credit risk that                          otherwise held by the Clearing Agency
                                               III. Discussion and Commission                              participants present to NSCC and FICC,                      and (ii) clear valuation procedures when
                                               Findings                                                    as applicable.23 By establishing a                          pricing data is not readily available or
                                                                                                           framework for accurately valuing                            reliable. The Framework would further
                                                 Section 19(b)(2)(C) of the Act directs                                                                                provide that the prices provided by each
                                                                                                           securities that the Clearing Agencies
                                               the Commission to approve a proposed                                                                                    Pricing Vendor would be reviewed at
                                                                                                           process and hold for risk management
                                               rule change of a self-regulatory                                                                                        least daily, which would help ensure
                                                                                                           purposes, the Framework would better
                                               organization if it finds that such                                                                                      that prices are accurate and reliable.
                                                                                                           position the Clearing Agencies to
                                               proposed rule change is consistent with                                                                                    By codifying these aforementioned
                                                                                                           continue their critical operations and
                                               the requirements of the Act and rules                       services, promptly and accurately, and                      practices in the Framework, the
                                               and regulations thereunder applicable to                                                                                Framework is designed to help ensure
                                               such organization.16 After carefully                          17 15  U.S.C. 78q–1(b)(3)(F).                             that securities are priced appropriately.
                                               considering the proposed rule changes,                        18 17  CFR 240.17Ad–22(e)(4)(i).                          By appropriately pricing securities, the
                                               the Commission finds that the proposed                         19 17 CFR 240.17Ad–22(e)(6)(iv).
                                                                                                                                                                       Clearing Agencies can more accurately
                                               rule changes are consistent with the                           20 15 U.S.C. 78q–1(b)(3)(F).
                                                                                                                                                                       calculate the value of the securities that
                                               requirements of the Act and the rules                          21 DTC refers to its participants as ‘‘Participants,’’
                                                                                                                                                                       the Clearing Agencies monitor or held
                                               and regulations thereunder applicable to                    while NSCC and FICC refer to their participants as
                                                                                                           ‘‘Members.’’ These terms are defined in the rules of        for risk management purposes, as
                                               the Clearing Agencies. Specifically, the                    each of the Clearing Agencies. In this order,               described above. Based on the value of
                                               Commission finds that the proposed                          ‘‘participant’’ or ‘‘participants’’ refers to both the      the securities, a Clearing Agency may
                                               rule changes are consistent with Section                    Participants of DTC and the Members of FICC and
                                                                                                                                                                       require a participant to provide more
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                                                                                                           NSCC.
                                                 10 Id.
                                                                                                              22 DTC: Disclosure under the Principles for              financial resources or limit the
                                                 11 Id.                                                    Financial Market Infrastructures, available at http://      participants’ activities pursuant to the
                                                 12 Id.
                                                                                                           www.dtcc.com/legal/policy-and-compliance.                   Clearing Agency’s rules, in order to
                                                                                                              23 NSCC: Disclosure under the Principles for
                                                 13 Id.                                                                                                                better manage the credit risk presented
                                                                                                           Financial Market Infrastructures, and FICC:
                                                 14 Id.
                                                                                                           Disclosure under the Principles for Financial
                                                 15 Id.                                                                                                                 24 15   U.S.C. 78q–1(b)(3)(F).
                                                                                                           Market Infrastructures, available at http://
                                                 16 15    U.S.C. 78s(b)(2)(C).                             www.dtcc.com/legal/policy-and-compliance.                    25 17   CFR 240.17Ad–22(e)(4)(i).



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                                               51894                     Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

                                               by the participant.26 Therefore, the                    rule changes are consistent with Rule                 purchaser of either QView or the
                                               Commission finds that the proposed                      17Ad–22(e)(6)(iv) under the Act.29                    Latency Optics add-on service; and (ii)
                                               rule changes are designed to help ensure                                                                      remove language offering a subscription
                                                                                                       III. Conclusion
                                               that the Clearing Agencies maintain                                                                           to TradeInfo for up to five users at no
                                               sufficient financial resources to cover                    On the basis of the foregoing, the                 additional cost to subscribers of the
                                               their credit exposure to each participant               Commission finds that the proposed                    Latency Optics add-on service.
                                               with a high degree of confidence,                       rule changes are consistent with the                     The text of the proposed rule change
                                               consistent with Rule 17Ad–22(e)(4)(i)                   requirements of the Act and in                        is available on the Exchange’s Web site
                                               under the Act.27                                        particular with Section 17A(b)(3)(F) 30               at http://nasdaq.cchwallstreet.com/, at
                                                                                                       of the Act and the rules and regulations              the principal office of the Exchange, and
                                               C. Consistency With Rule 17Ad–                          thereunder.                                           at the Commission’s Public Reference
                                               22(e)(6)(iv)                                               It is therefore ordered, pursuant to               Room.
                                                  Rule 17Ad–22(e)(6)(iv) under the Act                 Section 19(b)(2) of the Act, that
                                                                                                       proposed rule changes SR–DTC–2017–                    II. Self-Regulatory Organization’s
                                               requires that each covered clearing
                                                                                                       016, SR–NSCC–2017–016, or SR–FICC–                    Statement of the Purpose of, and
                                               agency that is a CCP to establish,
                                                                                                       2017–020 be, and hereby are,                          Statutory Basis for, the Proposed Rule
                                               implement, maintain and enforce
                                                                                                       APPROVED.31                                           Change
                                               written policies and procedures
                                               reasonably designed to cover its credit                   For the Commission, by the Division of                 In its filing with the Commission, the
                                               exposures to its participants by                        Trading and Markets, pursuant to delegated            Exchange included statements
                                               establishing a risk-based margin system                 authority.32                                          concerning the purpose of and basis for
                                               that, at a minimum, uses reliable                       Eduardo A. Aleman,                                    the proposed rule change and discussed
                                               sources of timely price data and uses                   Assistant Secretary.                                  any comments it received on the
                                               procedures and sound valuation models                   [FR Doc. 2017–24257 Filed 11–7–17; 8:45 am]           proposed rule change. The text of these
                                               for addressing circumstances in which                   BILLING CODE 8011–01–P
                                                                                                                                                             statements may be examined at the
                                               pricing data are not readily available or                                                                     places specified in Item IV below. The
                                               reliable.28                                                                                                   Exchange has prepared summaries, set
                                                  As described above, the Framework                    SECURITIES AND EXCHANGE                               forth in sections A, B, and C below, of
                                               provides that NSCC and FICC, each a                     COMMISSION                                            the most significant aspects of such
                                               CCP, would perform due diligence on                                                                           statements.
                                                                                                       [Release No. 34–82003; File No. SR–
                                               each Pricing Vendor prior to                            NASDAQ–2017–113]                                      A. Self-Regulatory Organization’s
                                               engagement, and at least annually                                                                             Statement of the Purpose of, and
                                               thereafter, to assess the reliability of                Self-Regulatory Organizations; The                    Statutory Basis for, the Proposed Rule
                                               such Pricing Vendor. The Framework                      Nasdaq Stock Market LLC; Notice of                    Change
                                               also describes how NSCC and FICC                        Filing and Immediate Effectiveness of
                                               would select two Pricing Vendors for                    Proposed Rule Change To Amend the                     1. Purpose
                                               each security in case one becomes                       Exchange’s Fees at Rule 7058                             The Exchange proposes to amend its
                                               unavailable, unreliable, or otherwise                                                                         fees at Rule 7058 to: (i) Offer to waive
                                               unusable. In the event that both Primary                November 2, 2017.
                                                                                                                                                             fees under this Rule for 30 days for any
                                               and Secondary Pricing Vendors become                       Pursuant to Section 19(b)(1) of the                new, prospective, or returning
                                               unavailable, unreliable, or unusable, the               Securities Exchange Act of 1934                       purchaser of either QView or the
                                               Framework provides that NSCC and                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2               Latency Optics add-on service; and (ii)
                                               FICC would assign each affected                         notice is hereby given that on October                remove language offering a subscription
                                               security its last available price. The                  20, 2017, The Nasdaq Stock Market LLC                 to TradeInfo for up to five users at no
                                               Framework would further provide that,                   (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the           additional cost to subscribers of the
                                               if the last available price is unavailable,             Securities and Exchange Commission                    Latency Optics add-on service, along
                                               unreliable, or otherwise unusable for a                 (‘‘SEC’’ or ‘‘Commission’’) the proposed              with conforming changes. The purposes
                                               security, NSCC and FICC would                           rule change as described in Items I, II,              of the proposed changes are to: (i)
                                               establish a price for that security based               and III, below, which Items have been                 Encourage new, prospective, and
                                               on valuation models (where applicable)                  prepared by the Exchange. The                         returning purchasers of either QView or
                                               and in accordance with the policies and                 Commission is publishing this notice to               the Latency Optics add-on service to
                                               procedures that support the Framework.                  solicit comments on the proposed rule                 examine these products more closely
                                               By setting forth how NSCC and FICC                      change from interested persons.                       and thereby increase the number of
                                               would select Pricing Vendors that can                   I. Self-Regulatory Organization’s                     customers for this product; and (ii)
                                               provide timely and reliable pricing data,               Statement of the Terms of Substance of                remove a rarely used fee provision in
                                               and how NSCC and FICC would price                       the Proposed Rule Change                              order to render the Latency Optics
                                               securities when pricing data is not                                                                           subscription easier to administer.
                                                                                                          The Exchange proposes to amend the
                                               readily available or reliable, the
                                                                                                       Exchange’s fees at Rule 7058 to: (i) Offer            Current Products
                                               Commission finds that the proposed
                                                                                                       to waive fees under this Rule for 30 days
                                                                                                                                                             QView
                                                                                                       for any new, prospective, or returning
                                                 26 See the GSD Rulebook of FICC, Rule 4—                                                                       QView is a web-based tool designed
                                               Clearing Fund and Loss Allocation; the MBSD               29 Id.                                              to provide a subscribing member with
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                                               Clearing Rules of FICC, Rule 4—Clearing Fund and
                                               Loss Allocation; Rules and Procedures of NSCC,
                                                                                                         30 15  U.S.C. 78q–1(b)(3)(F).                       the ability to track its trading activity on
                                               Procedure XV—Clearing Fund Formula and Other              31 In approving the Proposed Rule Changes, the      the Exchange through both real-time
                                               Matters; By-Laws and Organizational Certificate of      Commission considered the proposals’ impact on        and historical order and execution
                                               DTC, Rule 4—Participants Fund and Participants          efficiency, competition, and capital formation. 15
                                               Investment, available at http://dtcc.com/legal/rules-   U.S.C. 78c(f).                                        summaries, available on a daily or a
                                               and-procedures.                                            32 17 CFR 200.30–3(a)(12).                         monthly basis. The QView dashboard
                                                 27 17 CFR 240.17Ad–22(e)(4)(i).                          1 15 U.S.C. 78s(b)(1).                             allows the member to view a summary
                                                 28 17 CFR 240.17Ad–22(e)(6)(iv).                         2 17 CFR 240.19b–4.                                of its executions and open orders,


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Document Created: 2017-11-08 01:20:41
Document Modified: 2017-11-08 01:20:41
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 51892 

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