83_FR_20978 83 FR 20889 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation Date of Certain Amendments to FINRA Rule 4210 Approved Pursuant to SR-FINRA-2015-036

83 FR 20889 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation Date of Certain Amendments to FINRA Rule 4210 Approved Pursuant to SR-FINRA-2015-036

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 89 (May 8, 2018)

Page Range20889-20891
FR Document2018-09695

Federal Register, Volume 83 Issue 89 (Tuesday, May 8, 2018)
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20889-20891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09695]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83155; File No. SR-FINRA-2018-017]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Extend the Implementation Date of Certain 
Amendments to FINRA Rule 4210 Approved Pursuant to SR-FINRA-2015-036

May 2, 2018.
    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 April 20, 2018, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission (``SEC'' 
or ``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by FINRA. FINRA has designated 
the proposed rule change as constituting a ``non-controversial'' rule 
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which 
renders the proposal effective upon receipt of this filing by the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to extend, to March 25, 2019, the implementation 
date of the amendments to FINRA Rule 4210 (Margin Requirements) 
pursuant to SR-FINRA-2015-036, other than the amendments pursuant to 
SR-FINRA-2015-036 that were implemented on December 15, 2016. The 
proposed rule change would not make any changes to FINRA rules.
    The text of the proposed rule change is available on FINRA's 
website at http://www.finra.org, at the principal office of FINRA and 
at the Commission's Public Reference Room.

[[Page 20890]]

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

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

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

1. Purpose
    On October 6, 2015, FINRA filed with the Commission proposed rule 
change SR-FINRA-2015-036, which proposed to amend FINRA Rule 4210 to 
establish margin requirements for (1) To Be Announced (``TBA'') 
transactions, inclusive of adjustable rate mortgage (``ARM'') 
transactions; (2) Specified Pool Transactions; and (3) transactions in 
Collateralized Mortgage Obligations (``CMOs''), issued in conformity 
with a program of an agency or Government-Sponsored Enterprise 
(``GSE''), with forward settlement dates, as defined more fully in the 
filing (collectively, ``Covered Agency Transactions''). The Commission 
approved SR-FINRA-2015-036 on June 15, 2016 (the ``Approval Date'').\4\
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    \4\ See Securities Exchange Act Release No. 78081 (June 15, 
2016), 81 FR 40364 (June 21, 2016) (Notice of Filing of Amendment 
No. 3 and Order Granting Accelerated Approval to a Proposed Rule 
Change to Amend FINRA Rule 4210 (Margin Requirements) to Establish 
Margin Requirements for the TBA Market, as Modified by Amendment 
Nos. 1, 2, and 3; File No. SR-FINRA-2015-036).
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    Pursuant to Partial Amendment No. 3 to SR-FINRA-2015-036, FINRA 
announced in Regulatory Notice 16-31 that the rule change would be 
become effective on December 15, 2017, 18 months from the Approval 
Date, except that the risk limit determination requirements as set 
forth in paragraphs (e)(2)(F), (e)(2)(G) and (e)(2)(H) of Rule 4210 and 
in new Supplementary Material .05, each as respectively amended or 
established by SR-FINRA-2015-036 (collectively, the ``risk limit 
determination requirements''), would become effective on December 15, 
2016, six months from the Approval Date.\5\
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    \5\ See Partial Amendment No. 3 to SR-FINRA-2015-036 and 
Regulatory Notice 16-31 (August 2016), both available at: 
www.finra.org.
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    Industry participants sought clarification regarding the 
implementation of the requirements pursuant to SR-FINRA-2015-036. 
Industry participants also requested additional time to make system 
changes necessary to comply with the requirements, including time to 
test the system changes, and requested additional time to update or 
amend margining agreements and related documentation. In response, 
FINRA made available a set of Frequently Asked Questions & Guidance \6\ 
and, pursuant to SR-FINRA-2017-029,\7\ extended the implementation date 
of the requirements of SR-FINRA-2015-036 to June 25, 2018 (the ``June 
25, 2018 implementation date''), except for the risk limit 
determination requirements, which, as announced in Regulatory Notice 
16-31, became effective on December 15, 2016.
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    \6\ Available at: www.finra.org/industry/guidance. Further, 
staff of the SEC's Division of Trading and Markets made available a 
set of Frequently Asked Questions regarding Exchange Act Rule 15c3-1 
and Rule 15c3-3 in connection with Covered Agency Transactions under 
FINRA Rule 4210, also available at: www.finra.org/industry/guidance.
    \7\ See Securities Exchange Act Release No. 81722 (September 26, 
2017), 82 FR 45915 (October 2, 2017) (Notice of Filing and Immediate 
Effectiveness of a Proposed Rule Change to Delay the Implementation 
Date of Certain Amendments to FINRA Rule 4210 Approved Pursuant to 
SR-FINRA-2015-036; File No. SR-FINRA-2017-029); see also Regulatory 
Notice 17-28 (September 29, 2017).
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    Industry participants have requested that FINRA reconsider the 
potential impact of certain requirements pursuant to SR-FINRA-2015-036 
on smaller and medium-sized firms. Industry participants have also 
requested that FINRA extend the June 25, 2018 implementation date 
pending such reconsideration to reduce potential uncertainty in the 
Covered Agency Transaction market. FINRA stated in Partial Amendment 
No. 3 to SR-FINRA-2015-036 that FINRA would monitor the impact of the 
requirements pursuant to that rulemaking and, if the requirements prove 
overly onerous or otherwise are shown to negatively impact the market, 
FINRA would consider revisiting such requirements as may be necessary 
to mitigate the rule's impact.\8\ FINRA believes, in the interest of 
avoiding unnecessary disruption to the Covered Agency Transaction 
market, that it is appropriate to consider potential revisions to the 
requirements pursuant to SR-FINRA-2015-036 and is proposing to extend 
the June 25, 2018 implementation date to March 25, 2019 while FINRA 
considers, in consultation with industry participants and other 
regulators, whether any revisions are appropriate. FINRA notes that the 
risk limit determination requirements pursuant to SR-FINRA-2015-036 
became effective on December 15, 2016 and, as such, the implementation 
of such requirements is not affected by the proposed rule change.
---------------------------------------------------------------------------

    \8\ See Partial Amendment No. 3 to SR-FINRA-2015-036, available 
at: www.finra.org.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate 
effectiveness and has requested that the Commission waive the 
requirement that the proposed rule change not become operative for 30 
days after the date of the filing. The operative date will be the date 
of filing of the proposed rule change.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\9\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. FINRA believes that the proposed rule change provides 
FINRA additional time to consider whether any revisions to the 
requirements pursuant to SR-FINRA-2015-036 are appropriate and helps to 
reduce potential uncertainty in the Covered Agency Transaction market 
while FINRA considers such revisions. FINRA believes that providing 
additional time is consistent with the Act because this provides FINRA, 
in consultation with industry participants and other regulators, 
additional opportunity to consider whether revisions to the 
requirements would improve their effectiveness and thereby protect 
investors and the public interest by helping to promote stability in 
the Covered Agency Transaction market.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. FINRA believes that extending 
the June 25, 2018 implementation date to March 25, 2019, so as to 
provide additional time for FINRA to consider, in consultation with 
industry participants and other regulators, whether any revisions to 
the requirements pursuant to SR-FINRA-2015-036 are appropriate will 
benefit all parties.

[[Page 20891]]

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires FINRA to give the Commission written notice of FINRA's 
intent to file the proposed rule change, along with a brief 
description and text of the proposed rule change, at least five 
business days prior to the filing of the proposed rule change, or 
such shorter time as designated by the Commission. FINRA has 
satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. FINRA has asked the 
Commission to waive the 30-day operative delay so that the proposal may 
become operative upon filing. FINRA has stated that the purpose of the 
proposed rule change is to allow FINRA additional time to consider 
potential revisions to the requirements pursuant to SR-FINRA-2015-036 
and to consult with industry participants and other regulators whether 
any revisions are appropriate, in the interest of avoiding unnecessary 
disruption to the Covered Agency Transaction market. The Commission 
believes that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because the proposal to 
extend the implementation date of certain amendments to FINRA Rule 4210 
does not raise any new or novel issues and will help to facilitate the 
implementation of the margin requirements for Covered Agency 
Transactions. Furthermore, the Commission understands that market 
participants have expressed support for the extension of the 
implementation date in order to give FINRA time to determine, in 
consultation with market participants and other interested parties, 
whether changes to the amendments are appropriate, and if so, what 
those changes should be.\14\ Therefore, the Commission hereby waives 
the 30-day operative delay requirement and designates the proposed rule 
change as operative upon filing.\15\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See, e.g., Letter from Chris Killian, Managing Director, 
SIFMA (March 7, 2018), available at: www.sec.gov.
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-FINRA-2018-017 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-FINRA-2018-017. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (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 website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of such filing also will be available for inspection 
and copying at the principal office of FINRA. All comments received 
will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-FINRA-2018-017 and should be submitted 
on or before May 29, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-09695 Filed 5-7-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices                                                   20889

                                                as permitted by Section 17A(b)(3)(I) of                 arguments concerning the foregoing,                     For the Commission, by the Division of
                                                the Act.33                                              including whether the proposed rule                   Trading and Markets, pursuant to delegated
                                                   FICC does not believe the proposed                   change is consistent with the Act.                    authority.35
                                                rule changes to reduce the complexity of                Comments may be submitted by any of                   Eduardo A. Aleman,
                                                the GSD Fee Structure and to make                       the following methods:                                Assistant Secretary.
                                                conforming, clarifying, and technical                                                                         [FR Doc. 2018–09693 Filed 5–7–18; 8:45 am]
                                                changes, as discussed above in Items                    Electronic Comments                                   BILLING CODE 8011–01–P
                                                II.(A)1.(iii) and (vi), respectively, would
                                                                                                          • Use the Commission’s internet
                                                impact competition.34 The proposed
                                                rule changes to address the complexity                  comment form (http://www.sec.gov/                     SECURITIES AND EXCHANGE
                                                of the GSD Fee Structure would allow                    rules/sro.shtml); or                                  COMMISSION
                                                Members to better understand the GSD                      • Send an email to rule-comments@
                                                                                                                                                              [Release No. 34–83155; File No. SR–FINRA–
                                                Fee Structure and allow them more ease                  sec.gov. Please include File Number SR–               2018–017]
                                                in reconciling to it. Making conforming,                FICC–2018–003 on the subject line.
                                                clarifying, and technical changes to                                                                          Self-Regulatory Organizations;
                                                ensure the GSD Fee Structure remains                    Paper Comments
                                                                                                                                                              Financial Industry Regulatory
                                                clear and accurate would facilitate                       • Send paper comments in triplicate                 Authority, Inc.; Notice of Filing and
                                                Members’ understanding of the GSD Fee                   to Secretary, Securities and Exchange                 Immediate Effectiveness of a Proposed
                                                Structure and their obligations                         Commission, 100 F Street NE,                          Rule Change To Extend the
                                                thereunder. Having transparent,                         Washington, DC 20549.                                 Implementation Date of Certain
                                                accessible, clear, and accurate                                                                               Amendments to FINRA Rule 4210
                                                provisions in the GSD Fee Structure                     All submissions should refer to File                  Approved Pursuant to SR–FINRA–
                                                would improve the readability and                       Number SR–FICC–2018–003. This file                    2015–036
                                                clarity of the GSD Rules regarding the                  number should be included on the
                                                fees that Members would incur by                        subject line if email is used. To help the            May 2, 2018.
                                                participating in GSD. These changes                     Commission process and review your                       Pursuant to Section 19(b)(1) of the
                                                would apply equally to all Members and                  comments more efficiently, please use                 Securities Exchange Act of 1934
                                                would not affect Members’ rights and                    only one method. The Commission will                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                obligations. As such, FICC believes the                 post all comments on the Commission’s                 notice is hereby given that on April 20,
                                                proposed rule changes to reduce the                                                                           2018, Financial Industry Regulatory
                                                                                                        internet website (http://www.sec.gov/
                                                complexity of the GSD Fee Structure                                                                           Authority, Inc. (‘‘FINRA’’) filed with the
                                                                                                        rules/sro.shtml). Copies of the
                                                and to make conforming, clarifying, and                                                                       Securities and Exchange Commission
                                                                                                        submission, all subsequent                            (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                technical changes would not have any                    amendments, all written statements
                                                impact on competition.                                                                                        rule change as described in Items I and
                                                                                                        with respect to the proposed rule                     II below, which Items have been
                                                (C) Clearing Agency’s Statement on                      change that are filed with the                        prepared by FINRA. FINRA has
                                                Comments on the Proposed Rule                           Commission, and all written                           designated the proposed rule change as
                                                Change Received From Members,                           communications relating to the                        constituting a ‘‘non-controversial’’ rule
                                                Participants, or Others                                 proposed rule change between the                      change under paragraph (f)(6) of Rule
                                                  Written comments relating to this                     Commission and any person, other than                 19b–4 under the Act,3 which renders
                                                proposed rule change have not been                      those that may be withheld from the                   the proposal effective upon receipt of
                                                solicited or received. FICC will notify                 public in accordance with the                         this filing by the Commission. The
                                                the Commission of any written                           provisions of 5 U.S.C. 552, will be                   Commission is publishing this notice to
                                                comments received by FICC.                              available for website viewing and                     solicit comments on the proposed rule
                                                                                                        printing in the Commission’s Public                   change from interested persons.
                                                III. Date of Effectiveness of the
                                                                                                        Reference Room, 100 F Street NE,                      I. Self-Regulatory Organization’s
                                                Proposed Rule Change, and Timing for
                                                Commission Action                                       Washington, DC 20549 on official                      Statement of the Terms of Substance of
                                                                                                        business days between the hours of                    the Proposed Rule Change
                                                   Within 45 days of the date of                        10:00 a.m. and 3:00 p.m. Copies of the
                                                publication of this notice in the Federal               filing also will be available for                        FINRA is proposing to extend, to
                                                Register or within such longer period                   inspection and copying at the principal               March 25, 2019, the implementation
                                                up to 90 days (i) as the Commission may                                                                       date of the amendments to FINRA Rule
                                                                                                        office of FICC and on DTCC’s website
                                                designate if it finds such longer period                                                                      4210 (Margin Requirements) pursuant to
                                                                                                        (http://dtcc.com/legal/sec-rule-
                                                to be appropriate and publishes its                                                                           SR–FINRA–2015–036, other than the
                                                                                                        filings.aspx). All comments received
                                                reasons for so finding or (ii) as to which                                                                    amendments pursuant to SR–FINRA–
                                                the self-regulatory organization                        will be posted without change. Persons                2015–036 that were implemented on
                                                consents, the Commission will:                          submitting comments are cautioned that                December 15, 2016. The proposed rule
                                                   (A) By order approve or disapprove                   we do not redact or edit personal                     change would not make any changes to
                                                such proposed rule change, or                           identifying information from comment                  FINRA rules.
                                                   (B) institute proceedings to determine               submissions. You should submit only                      The text of the proposed rule change
                                                whether the proposed rule change                        information that you wish to make                     is available on FINRA’s website at
sradovich on DSK3GMQ082PROD with NOTICES




                                                should be disapproved.                                  available publicly. All submissions                   http://www.finra.org, at the principal
                                                                                                        should refer to File Number SR–FICC–                  office of FINRA and at the
                                                IV. Solicitation of Comments
                                                                                                        2018–003 and should be submitted on                   Commission’s Public Reference Room.
                                                  Interested persons are invited to                     or before May 29, 2018.
                                                submit written data, views and                                                                                  35 17 CFR 200.30–3(a)(12).
                                                                                                                                                                1 15 U.S.C. 78s(b)(1).
                                                  33 Id.                                                                                                        2 17 CFR 240.19b–4.
                                                  34 Id.                                                                                                        3 17 CFR 240.19b–4(f)(6).




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                                                20890                           Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

                                                II. Self-Regulatory Organization’s                      implementation of the requirements                    limit determination requirements
                                                Statement of the Purpose of, and                        pursuant to SR–FINRA–2015–036.                        pursuant to SR–FINRA–2015–036
                                                Statutory Basis for, the Proposed Rule                  Industry participants also requested                  became effective on December 15, 2016
                                                Change                                                  additional time to make system changes                and, as such, the implementation of
                                                   In its filing with the Commission,                   necessary to comply with the                          such requirements is not affected by the
                                                FINRA included statements concerning                    requirements, including time to test the              proposed rule change.
                                                the purpose of and basis for the                        system changes, and requested
                                                                                                        additional time to update or amend                      FINRA has filed the proposed rule
                                                proposed rule change and discussed any                                                                        change for immediate effectiveness and
                                                comments it received on the proposed                    margining agreements and related
                                                                                                        documentation. In response, FINRA                     has requested that the Commission
                                                rule change. The text of these statements                                                                     waive the requirement that the proposed
                                                may be examined at the places specified                 made available a set of Frequently
                                                                                                        Asked Questions & Guidance 6 and,                     rule change not become operative for 30
                                                in Item IV below. FINRA has prepared
                                                                                                        pursuant to SR–FINRA–2017–029,7                       days after the date of the filing. The
                                                summaries, set forth in sections A, B,
                                                and C below, of the most significant                    extended the implementation date of the               operative date will be the date of filing
                                                aspects of such statements.                             requirements of SR–FINRA–2015–036 to                  of the proposed rule change.
                                                                                                        June 25, 2018 (the ‘‘June 25, 2018
                                                A. Self-Regulatory Organization’s                                                                             2. Statutory Basis
                                                                                                        implementation date’’), except for the
                                                Statement of the Purpose of, and                        risk limit determination requirements,                   FINRA believes that the proposed rule
                                                Statutory Basis for, the Proposed Rule                  which, as announced in Regulatory                     change is consistent with the provisions
                                                Change                                                  Notice 16–31, became effective on                     of Section 15A(b)(6) of the Act,9 which
                                                1. Purpose                                              December 15, 2016.                                    requires, among other things, that
                                                                                                           Industry participants have requested
                                                   On October 6, 2015, FINRA filed with                 that FINRA reconsider the potential                   FINRA rules must be designed to
                                                the Commission proposed rule change                     impact of certain requirements pursuant               prevent fraudulent and manipulative
                                                SR–FINRA–2015–036, which proposed                       to SR–FINRA–2015–036 on smaller and                   acts and practices, to promote just and
                                                to amend FINRA Rule 4210 to establish                   medium-sized firms. Industry                          equitable principles of trade, and, in
                                                margin requirements for (1) To Be                       participants have also requested that                 general, to protect investors and the
                                                Announced (‘‘TBA’’) transactions,                       FINRA extend the June 25, 2018                        public interest. FINRA believes that the
                                                inclusive of adjustable rate mortgage                   implementation date pending such                      proposed rule change provides FINRA
                                                (‘‘ARM’’) transactions; (2) Specified                   reconsideration to reduce potential                   additional time to consider whether any
                                                Pool Transactions; and (3) transactions                 uncertainty in the Covered Agency                     revisions to the requirements pursuant
                                                in Collateralized Mortgage Obligations                  Transaction market. FINRA stated in                   to SR–FINRA–2015–036 are appropriate
                                                (‘‘CMOs’’), issued in conformity with a                 Partial Amendment No. 3 to SR–                        and helps to reduce potential
                                                program of an agency or Government-                     FINRA–2015–036 that FINRA would                       uncertainty in the Covered Agency
                                                Sponsored Enterprise (‘‘GSE’’), with                    monitor the impact of the requirements                Transaction market while FINRA
                                                forward settlement dates, as defined                    pursuant to that rulemaking and, if the               considers such revisions. FINRA
                                                more fully in the filing (collectively,                 requirements prove overly onerous or                  believes that providing additional time
                                                ‘‘Covered Agency Transactions’’). The                   otherwise are shown to negatively
                                                Commission approved SR–FINRA–                                                                                 is consistent with the Act because this
                                                                                                        impact the market, FINRA would                        provides FINRA, in consultation with
                                                2015–036 on June 15, 2016 (the                          consider revisiting such requirements as
                                                ‘‘Approval Date’’).4                                                                                          industry participants and other
                                                                                                        may be necessary to mitigate the rule’s
                                                   Pursuant to Partial Amendment No. 3                                                                        regulators, additional opportunity to
                                                                                                        impact.8 FINRA believes, in the interest
                                                to SR–FINRA–2015–036, FINRA                                                                                   consider whether revisions to the
                                                                                                        of avoiding unnecessary disruption to
                                                announced in Regulatory Notice 16–31                    the Covered Agency Transaction market,                requirements would improve their
                                                that the rule change would be become                    that it is appropriate to consider                    effectiveness and thereby protect
                                                effective on December 15, 2017, 18                      potential revisions to the requirements               investors and the public interest by
                                                months from the Approval Date, except                   pursuant to SR–FINRA–2015–036 and is                  helping to promote stability in the
                                                that the risk limit determination                       proposing to extend the June 25, 2018                 Covered Agency Transaction market.
                                                requirements as set forth in paragraphs                 implementation date to March 25, 2019
                                                (e)(2)(F), (e)(2)(G) and (e)(2)(H) of Rule                                                                    B. Self-Regulatory Organization’s
                                                                                                        while FINRA considers, in consultation                Statement on Burden on Competition
                                                4210 and in new Supplementary                           with industry participants and other
                                                Material .05, each as respectively                      regulators, whether any revisions are                    FINRA does not believe that the
                                                amended or established by SR–FINRA–                     appropriate. FINRA notes that the risk                proposed rule change will result in any
                                                2015–036 (collectively, the ‘‘risk limit                                                                      burden on competition that is not
                                                determination requirements’’), would                       6 Available at: www.finra.org/industry/guidance.
                                                                                                                                                              necessary or appropriate in furtherance
                                                become effective on December 15, 2016,                  Further, staff of the SEC’s Division of Trading and
                                                                                                        Markets made available a set of Frequently Asked      of the purposes of the Act. FINRA
                                                six months from the Approval Date.5
                                                   Industry participants sought                         Questions regarding Exchange Act Rule 15c3–1 and      believes that extending the June 25,
                                                                                                        Rule 15c3–3 in connection with Covered Agency         2018 implementation date to March 25,
                                                clarification regarding the                             Transactions under FINRA Rule 4210, also available
                                                                                                        at: www.finra.org/industry/guidance.                  2019, so as to provide additional time
                                                   4 See Securities Exchange Act Release No. 78081         7 See Securities Exchange Act Release No. 81722    for FINRA to consider, in consultation
                                                (June 15, 2016), 81 FR 40364 (June 21, 2016) (Notice    (September 26, 2017), 82 FR 45915 (October 2,         with industry participants and other
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                                                of Filing of Amendment No. 3 and Order Granting         2017) (Notice of Filing and Immediate Effectiveness   regulators, whether any revisions to the
                                                Accelerated Approval to a Proposed Rule Change to       of a Proposed Rule Change to Delay the
                                                Amend FINRA Rule 4210 (Margin Requirements) to          Implementation Date of Certain Amendments to          requirements pursuant to SR–FINRA–
                                                Establish Margin Requirements for the TBA Market,       FINRA Rule 4210 Approved Pursuant to SR–              2015–036 are appropriate will benefit
                                                as Modified by Amendment Nos. 1, 2, and 3; File         FINRA–2015–036; File No. SR–FINRA–2017–029);          all parties.
                                                No. SR–FINRA–2015–036).                                 see also Regulatory Notice 17–28 (September 29,
                                                   5 See Partial Amendment No. 3 to SR–FINRA–           2017).
                                                2015–036 and Regulatory Notice 16–31 (August               8 See Partial Amendment No. 3 to SR–FINRA–

                                                2016), both available at: www.finra.org.                2015–036, available at: www.finra.org.                  9 15   U.S.C. 78o–3(b)(6).



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                                                                                 Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices                                                   20891

                                                C. Self-Regulatory Organization’s                       determine, in consultation with market                 proposed rule change between the
                                                Statement on Comments on the                            participants and other interested parties,             Commission and any person, other than
                                                Proposed Rule Change Received From                      whether changes to the amendments are                  those that may be withheld from the
                                                Members, Participants, or Others                        appropriate, and if so, what those                     public in accordance with the
                                                  Written comments were neither                         changes should be.14 Therefore, the                    provisions of 5 U.S.C. 552, will be
                                                solicited nor received.                                 Commission hereby waives the 30-day                    available for website viewing and
                                                                                                        operative delay requirement and                        printing in the Commission’s Public
                                                III. Date of Effectiveness of the                       designates the proposed rule change as                 Reference Room, 100 F Street NE,
                                                Proposed Rule Change and Timing for                     operative upon filing.15                               Washington, DC 20549, on official
                                                Commission Action                                          At any time within 60 days of the                   business days between the hours of
                                                   Because the foregoing proposed rule                  filing of the proposed rule change, the                10:00 a.m. and 3:00 p.m. Copies of such
                                                change does not: (i) Significantly affect               Commission summarily may                               filing also will be available for
                                                the protection of investors or the public               temporarily suspend such rule change if                inspection and copying at the principal
                                                interest; (ii) impose any significant                   it appears to the Commission that such                 office of FINRA. All comments received
                                                burden on competition; and (iii) become                 action is necessary or appropriate in the              will be posted without change. Persons
                                                operative for 30 days from the date on                  public interest, for the protection of                 submitting comments are cautioned that
                                                which it was filed, or such shorter time                investors, or otherwise in furtherance of              we do not redact or edit personal
                                                as the Commission may designate, it has                 the purposes of the Act. If the                        identifying information from comment
                                                become effective pursuant to Section                    Commission takes such action, the                      submissions. You should submit only
                                                19(b)(3)(A) of the Act 10 and Rule 19b–                 Commission shall institute proceedings                 information that you wish to make
                                                4(f)(6) thereunder.11                                   to determine whether the proposed rule                 available publicly. All submissions
                                                   A proposed rule change filed under                   should be approved or disapproved.                     should refer to File Number SR–FINRA–
                                                Rule 19b–4(f)(6) 12 normally does not                                                                          2018–017 and should be submitted on
                                                                                                        IV. Solicitation of Comments                           or before May 29, 2018.
                                                become operative for 30 days after the
                                                date of filing. However, pursuant to                      Interested persons are invited to                      For the Commission, by the Division of
                                                Rule 19b–4(f)(6)(iii),13 the Commission                 submit written data, views and                         Trading and Markets, pursuant to delegated
                                                may designate a shorter time if such                    arguments concerning the foregoing,                    authority.16
                                                action is consistent with the protection                including whether the proposed rule                    Eduardo A. Aleman,
                                                of investors and the public interest.                   change is consistent with the Act.                     Assistant Secretary.
                                                FINRA has asked the Commission to                       Comments may be submitted by any of                    [FR Doc. 2018–09695 Filed 5–7–18; 8:45 am]
                                                waive the 30-day operative delay so that                the following methods:                                 BILLING CODE 8011–01–P
                                                the proposal may become operative                       Electronic Comments
                                                upon filing. FINRA has stated that the
                                                purpose of the proposed rule change is                    • Use the Commission’s internet                      SECURITIES AND EXCHANGE
                                                to allow FINRA additional time to                       comment form (http://www.sec.gov/                      COMMISSION
                                                consider potential revisions to the                     rules/sro.shtml); or
                                                requirements pursuant to SR–FINRA–                        • Send an email to rule-comments@                    Proposed Collection; Comment
                                                2015–036 and to consult with industry                   sec.gov. Please include File Number SR–                Request
                                                participants and other regulators                       FINRA–2018–017 on the subject line.
                                                                                                                                                               Upon Written Request, Copies Available
                                                whether any revisions are appropriate,                  Paper Comments                                          From: Securities and Exchange
                                                in the interest of avoiding unnecessary                   • Send paper comments in triplicate                   Commission, Office of FOIA Services,
                                                disruption to the Covered Agency                        to Secretary, Securities and Exchange                   100 F Street NE, Washington, DC
                                                Transaction market. The Commission                      Commission, 100 F Street NE,                            20549–2736
                                                believes that waiving the 30-day                        Washington, DC 20549–1090.                             Extension:
                                                operative delay is consistent with the                                                                           Regulation AC; SEC File No. 270–517,
                                                protection of investors and the public                  All submissions should refer to File
                                                                                                        Number SR–FINRA–2018–017. This file                        OMB Control No. 3235–0575
                                                interest because the proposal to extend
                                                the implementation date of certain                      number should be included on the                          Notice is hereby given that pursuant
                                                amendments to FINRA Rule 4210 does                      subject line if email is used. To help the             to the Paperwork Reduction Act of 1995
                                                not raise any new or novel issues and                   Commission process and review your                     (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                will help to facilitate the                             comments more efficiently, please use                  Securities and Exchange Commission
                                                implementation of the margin                            only one method. The Commission will                   (‘‘Commission’’) is soliciting comments
                                                requirements for Covered Agency                         post all comments on the Commission’s                  on the existing collection of information
                                                Transactions. Furthermore, the                          internet website (http://www.sec.gov/                  provided for in Regulation Analyst
                                                                                                        rules/sro.shtml). Copies of the                        Certification (‘‘Regulation AC’’) (17 CFR
                                                Commission understands that market
                                                                                                        submission, all subsequent                             242.500–505, under the Securities
                                                participants have expressed support for
                                                                                                        amendments, all written statements                     Exchange Act of 1934 (15 U.S.C. 78a et
                                                the extension of the implementation
                                                                                                        with respect to the proposed rule                      seq.). The Commission plans to submit
                                                date in order to give FINRA time to
                                                                                                        change that are filed with the                         this existing collection of information to
                                                  10 15                                                 Commission, and all written                            the Office of Management and Budget
                                                         U.S.C. 78s(b)(3)(A).
                                                  11 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–    communications relating to the                         (‘‘OMB’’) for extension and approval.
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                                                4(f)(6)(iii) requires FINRA to give the Commission                                                                Regulation AC requires that research
                                                written notice of FINRA’s intent to file the proposed      14 See, e.g., Letter from Chris Killian, Managing   reports published, circulated, or
                                                rule change, along with a brief description and text    Director, SIFMA (March 7, 2018), available at:         provided by a broker or dealer or
                                                of the proposed rule change, at least five business     www.sec.gov.                                           covered person contain a statement
                                                days prior to the filing of the proposed rule change,      15 For purposes only of waiving the 30-day
                                                or such shorter time as designated by the                                                                      attesting that the views expressed in
                                                                                                        operative delay, the Commission has also
                                                Commission. FINRA has satisfied this requirement.       considered the proposed rule’s impact on               each research report accurately reflect
                                                  12 17 CFR 240.19b–4(f)(6).
                                                                                                        efficiency, competition, and capital formation. See
                                                  13 17 CFR 240.19b–4(f)(6)(iii).                       15 U.S.C. 78c(f).                                        16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-05-08 01:31:17
Document Modified: 2018-05-08 01:31:17
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 Citation83 FR 20889 

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