83_FR_24244 83 FR 24143 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify the Definition of “Agency Debt Security”

83 FR 24143 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify the Definition of “Agency Debt Security”

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 101 (May 24, 2018)

Page Range24143-24145
FR Document2018-11093

Federal Register, Volume 83 Issue 101 (Thursday, May 24, 2018)
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Notices]
[Pages 24143-24145]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11093]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83290; File No. SR-FINRA-2018-020]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Modify the Definition of ``Agency Debt 
Security''

May 18, 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 May 17, 2018, the 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. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 6710 to modify the 
definition of ``Agency Debt Security.''
    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.

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
    FINRA requires members to report to the Trade Reporting and 
Compliance Engine (``TRACE'') transactions in Agency Debt 
Securities,\3\ which includes those debt securities issued or 
guaranteed by a Government-Sponsored Enterprise (``GSE''). Fannie Mae 
(``Fannie'') and Freddie Mac (``Freddie''), both of which are GSEs, 
announced changes relating to the issuance structure of their credit 
risk transfer securities (``CRTs'').\4\ Currently, Fannie and Freddie 
issue CRTs as direct debt obligations, and therefore CRTs fall within 
the definition of ``Agency Debt Security'' for purposes of TRACE data 
categorization and dissemination. FINRA understands that under the new 
issuance structure, CRTs will be issued by a Fannie- or Freddie-
sponsored trust rather than directly by Fannie or Freddie, and proceeds 
from the sale of the CRTs will be placed in a trust account and managed 
by a third-party trustee. As a result of CRTs being issued by a trust 
sponsored by a GSE instead of directly issued by a GSE, CRTs would no 
longer fall within the technical definition of ``Agency Debt Security'' 
and would be considered corporate debt for TRACE data and dissemination 
purposes. This outcome would be problematic for TRACE subscribers 
consuming data related to CRTs because transactions in CRTs would no 
longer be disseminated as part of the Agency Debt data set. In 
addition, the TRACE system would apply the corporate, rather than 
Agency, debt transaction size dissemination cap for unrated securities, 
specifically a $1 million dissemination cap for unrated corporate debt 
versus $5 million for unrated Agency Debt Securities. Thus, classifying 
CRTs as corporate debt would decrease transparency as to the actual 
size of the transaction given that unrated corporate debt is 
disseminated with the $1, rather than $5, million dissemination cap.
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    \3\ ``Agency Debt Security'' generally includes a debt security 
(i) issued or guaranteed by an Agency as defined in Rule 6710(k); or 
(ii) issued or guaranteed by a Government-Sponsored Enterprise as 
defined in Rule 6710(n). Rule 6710(n) provides that ``Government-
Sponsored Enterprise'' has the same meaning as defined in 2 U.S.C. 
622(8).
    \4\ Fannie and Freddie introduced their respective CRT programs 
in 2013. CRTs are linked to an underlying loan pool selected and 
acquired by the GSE and the credit and prepayment performance of the 
underlying loans determines the performance of the CRTs.
---------------------------------------------------------------------------

    FINRA believes that the new issuance structure for CRTs will not 
materially change the characteristics of the CRTs to warrant altered 
treatment for purposes of TRACE categorization and dissemination. While 
a trust will be issuing the CRTs, FINRA understands that Fannie and 
Freddie will retain a material net economic interest \5\ in the 
reference tranches associated with the CRTs issued under the new 
structure and will enter into a credit protection agreement with the 
trust, including agreeing to pay any shortfall between the investment 
earnings on the collateral held by the trust and the one-month LIBOR. 
Thus, FINRA is proposing to amend Rule 6710(l) to expand the definition 
of ``Agency Debt Security'' to include debt issued by a trust or other 
entity established or sponsored by a GSE for the purpose of issuing 
debt securities, where the GSE provides the collateral to the entity or 
retains a material net economic interest in the securities issued by 
the entity. This proposed rule would allow CRTs to continue to fall 
within the definition of ``Agency Debt Security'' for TRACE purposes 
and would address any similar future modifications by Fannie and 
Freddie to other programs.\6\ FINRA believes that this would benefit 
investors by ensuring the continued application of the $5 million 
dissemination cap for unrated Agency Debt Securities, instead of the $1 
million dissemination cap for unrated corporate debt. Additionally, 
continuing to classify CRTs issued under the new issuance structure as 
Agency Debt Securities would avoid confusion by ensuring that 
subscribers of the Agency Debt data set continue to receive transaction 
information on CRTs. Finally, FINRA does not believe that the 
modification in issuance structure will materially change the 
characteristics of the CRTs for purposes of TRACE dissemination and, 
therefore, FINRA does not believe that classifying CRTs as corporate 
debt solely because of the new issuance structure is warranted.
---------------------------------------------------------------------------

    \5\ See, e.g., Fannie Mae, Prospectus, Connecticut Avenue 
Securities, Series 2018-C03 Notes Due October 2030, http://www.fanniemae.com/resources/file/credit-risk/pdf/connave-2018-c03-prospectus.pdf; see also, e.g., Freddie Mac, Offering Circular, 
Seasoned Credit Risk Transfer Trust, Series 2017-3, http://www.freddiemac.com/seasonedloanofferings/docs/SCRT_2017-3_OC%20Final.pdf.
    \6\ FINRA has discussed the proposed rule change with Fannie and 
Freddie, both of which support the continued inclusion of CRTs 
within the definition of ``Agency Debt Security.''
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate 
effectiveness. FINRA has requested that the SEC waive the requirement 
that the proposed rule

[[Page 24144]]

change not become operative for 30 days after the date of the filing, 
so FINRA can implement the proposed rule change immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\7\ 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. The proposed rule change would prevent investor 
confusion by providing that CRTs continue to fall within the definition 
of ``Agency Debt Security'' for TRACE purposes. In addition, 
subscribers of the Agency Debt data set would continue to receive 
transaction information on CRTs, and investors would continue to see 
CRTs disseminated pursuant to the protocols applicable to Agency Debt 
Securities that provide a comparatively higher level of transparency as 
to the actual size of the transaction. As noted above, FINRA does not 
believe that the new issuance structure will materially change the 
characteristics of CRTs sufficient to warrant different treatment for 
TRACE purposes, and believes that the proposal is in the best interest 
of investors in that it would reduce confusion regarding the 
appropriate categorization of CRTs.
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    \7\ 15 U.S.C. 78o-3(b)(6).
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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 does not anticipate that 
the proposed rule change will lead to any material costs or benefits to 
members, as it does not affect the TRACE reporting requirements that 
are applicable today. The proposed rule change would simply allow FINRA 
to continue classifying the CRTs as Agency Debt Securities for data 
categorization and dissemination purposes.

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 \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    FINRA has asked the Commission to waive the 30-day operative delay 
so that the proposal may become operative immediately upon filing. 
FINRA has stated that, based on conversations with Fannie and Freddie, 
it understands that the first CRTs will be issued under the new 
structure imminently. The Commission believes that waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest. Such action should help avoid confusion among 
consumers of TRACE data products; if the proposal were not immediately 
operative, debt securities issued by GSE-sponsored trusts that retain 
economic characteristics of Agency Debt Securities would instead be 
treated as corporate debt securities, contrary to established 
expectations. In addition, the Commission's action will preserve the 
same degree of post-trade transparency for debt securities issued by 
GSE-sponsored trusts, as such securities will continue utilizing the $5 
million dissemination cap and avoid the $1 million cap that would apply 
if securities newly issued by GSE-sponsored trusts were characterized 
as corporate debt securities. Accordingly, the Commission hereby waives 
the operative delay and designates the proposed rule change operative 
upon filing.\10\
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    \10\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 rule-comments@sec.gov. Please include 
File Number SR-FINRA-2018-020 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-2018-020. 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-2018-020, and should be submitted 
on or before June 14, 2018.
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    \11\ 17 CFR 200.30-3(a)(12).


[[Page 24145]]


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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2018-11093 Filed 5-23-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices                                                     24143

                                                to Competitive Product List. Documents                     A. Self-Regulatory Organization’s                        FINRA believes that the new issuance
                                                are available at www.prc.gov, Docket                       Statement of the Purpose of, and                      structure for CRTs will not materially
                                                Nos. MC2018–155, CP2018–224.                               Statutory Basis for, the Proposed Rule                change the characteristics of the CRTs to
                                                                                                           Change                                                warrant altered treatment for purposes
                                                Maria W. Votsch,
                                                                                                                                                                 of TRACE categorization and
                                                Attorney, Corporate and Postal Business Law.               1. Purpose                                            dissemination. While a trust will be
                                                [FR Doc. 2018–11119 Filed 5–23–18; 8:45 am]                                                                      issuing the CRTs, FINRA understands
                                                                                                              FINRA requires members to report to
                                                BILLING CODE 7710–12–P
                                                                                                           the Trade Reporting and Compliance                    that Fannie and Freddie will retain a
                                                                                                           Engine (‘‘TRACE’’) transactions in                    material net economic interest 5 in the
                                                                                                           Agency Debt Securities,3 which                        reference tranches associated with the
                                                SECURITIES AND EXCHANGE                                                                                          CRTs issued under the new structure
                                                                                                           includes those debt securities issued or
                                                COMMISSION                                                                                                       and will enter into a credit protection
                                                                                                           guaranteed by a Government-Sponsored
                                                                                                                                                                 agreement with the trust, including
                                                                                                           Enterprise (‘‘GSE’’). Fannie Mae
                                                [Release No. 34–83290; File No. SR–FINRA–                                                                        agreeing to pay any shortfall between
                                                                                                           (‘‘Fannie’’) and Freddie Mac
                                                2018–020]                                                                                                        the investment earnings on the
                                                                                                           (‘‘Freddie’’), both of which are GSEs,
                                                                                                                                                                 collateral held by the trust and the one-
                                                Self-Regulatory Organizations;                             announced changes relating to the                     month LIBOR. Thus, FINRA is
                                                Financial Industry Regulatory                              issuance structure of their credit risk               proposing to amend Rule 6710(l) to
                                                Authority, Inc.; Notice of Filing and                      transfer securities (‘‘CRTs’’).4 Currently,           expand the definition of ‘‘Agency Debt
                                                Immediate Effectiveness of a Proposed                      Fannie and Freddie issue CRTs as direct               Security’’ to include debt issued by a
                                                Rule Change To Modify the Definition                       debt obligations, and therefore CRTs fall             trust or other entity established or
                                                of ‘‘Agency Debt Security’’                                within the definition of ‘‘Agency Debt                sponsored by a GSE for the purpose of
                                                                                                           Security’’ for purposes of TRACE data                 issuing debt securities, where the GSE
                                                May 18, 2018.                                              categorization and dissemination.                     provides the collateral to the entity or
                                                   Pursuant to Section 19(b)(1) of the                     FINRA understands that under the new                  retains a material net economic interest
                                                Securities Exchange Act of 1934                            issuance structure, CRTs will be issued               in the securities issued by the entity.
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                    by a Fannie- or Freddie-sponsored trust               This proposed rule would allow CRTs to
                                                notice is hereby given that on May 17,                     rather than directly by Fannie or                     continue to fall within the definition of
                                                2018, the Financial Industry Regulatory                    Freddie, and proceeds from the sale of                ‘‘Agency Debt Security’’ for TRACE
                                                Authority, Inc. (‘‘FINRA’’) filed with the                 the CRTs will be placed in a trust                    purposes and would address any similar
                                                Securities and Exchange Commission                         account and managed by a third-party                  future modifications by Fannie and
                                                (‘‘SEC’’ or ‘‘Commission’’) the proposed                   trustee. As a result of CRTs being issued             Freddie to other programs.6 FINRA
                                                rule change as described in Items I and                    by a trust sponsored by a GSE instead                 believes that this would benefit
                                                II below, which Items have been                            of directly issued by a GSE, CRTs would               investors by ensuring the continued
                                                prepared by FINRA. The Commission is                       no longer fall within the technical                   application of the $5 million
                                                publishing this notice to solicit                          definition of ‘‘Agency Debt Security’’                dissemination cap for unrated Agency
                                                comments on the proposed rule change                       and would be considered corporate debt                Debt Securities, instead of the $1
                                                from interested persons.                                   for TRACE data and dissemination                      million dissemination cap for unrated
                                                                                                           purposes. This outcome would be                       corporate debt. Additionally, continuing
                                                I. Self-Regulatory Organization’s
                                                                                                           problematic for TRACE subscribers                     to classify CRTs issued under the new
                                                Statement of the Terms of Substance of
                                                                                                           consuming data related to CRTs because                issuance structure as Agency Debt
                                                the Proposed Rule Change
                                                                                                           transactions in CRTs would no longer be               Securities would avoid confusion by
                                                   FINRA is proposing to amend FINRA                       disseminated as part of the Agency Debt               ensuring that subscribers of the Agency
                                                Rule 6710 to modify the definition of                      data set. In addition, the TRACE system               Debt data set continue to receive
                                                ‘‘Agency Debt Security.’’                                  would apply the corporate, rather than                transaction information on CRTs.
                                                   The text of the proposed rule change                    Agency, debt transaction size                         Finally, FINRA does not believe that the
                                                is available on FINRA’s website at                         dissemination cap for unrated                         modification in issuance structure will
                                                http://www.finra.org, at the principal                     securities, specifically a $1 million                 materially change the characteristics of
                                                office of FINRA and at the                                 dissemination cap for unrated corporate               the CRTs for purposes of TRACE
                                                Commission’s Public Reference Room.                        debt versus $5 million for unrated                    dissemination and, therefore, FINRA
                                                II. Self-Regulatory Organization’s                         Agency Debt Securities. Thus,                         does not believe that classifying CRTs as
                                                Statement of the Purpose of, and                           classifying CRTs as corporate debt                    corporate debt solely because of the new
                                                Statutory Basis for, the Proposed Rule                     would decrease transparency as to the                 issuance structure is warranted.
                                                Change                                                     actual size of the transaction given that                FINRA has filed the proposed rule
                                                                                                           unrated corporate debt is disseminated                change for immediate effectiveness.
                                                  In its filing with the Commission,                       with the $1, rather than $5, million                  FINRA has requested that the SEC waive
                                                FINRA included statements concerning                       dissemination cap.                                    the requirement that the proposed rule
                                                the purpose of and basis for the
                                                proposed rule change and discussed any                       3 ‘‘Agency Debt Security’’ generally includes a       5 See, e.g., Fannie Mae, Prospectus, Connecticut
                                                comments it received on the proposed                       debt security (i) issued or guaranteed by an Agency   Avenue Securities, Series 2018–C03 Notes Due
                                                rule change. The text of these statements                  as defined in Rule 6710(k); or (ii) issued or         October 2030, http://www.fanniemae.com/
                                                may be examined at the places specified                    guaranteed by a Government-Sponsored Enterprise       resources/file/credit-risk/pdf/connave-2018-c03-
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           as defined in Rule 6710(n). Rule 6710(n) provides     prospectus.pdf; see also, e.g., Freddie Mac, Offering
                                                in Item IV below. FINRA has prepared                       that ‘‘Government-Sponsored Enterprise’’ has the      Circular, Seasoned Credit Risk Transfer Trust,
                                                summaries, set forth in sections A, B,                     same meaning as defined in 2 U.S.C. 622(8).           Series 2017–3, http://www.freddiemac.com/
                                                and C below, of the most significant                         4 Fannie and Freddie introduced their respective    seasonedloanofferings/docs/SCRT_2017-3_
                                                aspects of such statements.                                CRT programs in 2013. CRTs are linked to an           OC%20Final.pdf.
                                                                                                           underlying loan pool selected and acquired by the       6 FINRA has discussed the proposed rule change

                                                                                                           GSE and the credit and prepayment performance of      with Fannie and Freddie, both of which support the
                                                  1 15   U.S.C. 78s(b)(1).                                 the underlying loans determines the performance of    continued inclusion of CRTs within the definition
                                                  2 17   CFR 240.19b–4.                                    the CRTs.                                             of ‘‘Agency Debt Security.’’



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                                                24144                           Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices

                                                change not become operative for 30 days                   III. Date of Effectiveness of the                     to determine whether the proposed rule
                                                after the date of the filing, so FINRA can                Proposed Rule Change and Timing for                   should be approved or disapproved.
                                                implement the proposed rule change                        Commission Action
                                                                                                                                                                IV. Solicitation of Comments
                                                immediately.
                                                                                                             Because the foregoing proposed rule
                                                                                                                                                                  Interested persons are invited to
                                                2. Statutory Basis                                        change does not: (i) Significantly affect
                                                                                                                                                                submit written data, views, and
                                                                                                          the protection of investors or the public
                                                   FINRA believes that the proposed rule                                                                        arguments concerning the foregoing,
                                                                                                          interest; (ii) impose any significant
                                                change is consistent with the provisions                                                                        including whether the proposed rule
                                                                                                          burden on competition; and (iii) become
                                                of Section 15A(b)(6) of the Act,7 which                                                                         change is consistent with the Act.
                                                                                                          operative for 30 days from the date on
                                                requires, among other things, that                                                                              Comments may be submitted by any of
                                                                                                          which it was filed, or such shorter time
                                                FINRA rules must be designed to                                                                                 the following methods:
                                                                                                          as the Commission may designate, it has
                                                prevent fraudulent and manipulative                       become effective pursuant to Section                  Electronic Comments
                                                acts and practices, to promote just and                   19(b)(3)(A) of the Act 8 and Rule 19b–
                                                equitable principles of trade, and, in                    4(f)(6) thereunder.9                                    • Use the Commission’s internet
                                                                                                                                                                comment form (http://www.sec.gov/
                                                general, to protect investors and the                        FINRA has asked the Commission to                  rules/sro.shtml); or
                                                public interest. The proposed rule                        waive the 30-day operative delay so that
                                                change would prevent investor                             the proposal may become operative                       • Send an email to rule-comments@
                                                confusion by providing that CRTs                          immediately upon filing. FINRA has                    sec.gov. Please include File Number SR–
                                                continue to fall within the definition of                 stated that, based on conversations with              FINRA–2018–020 on the subject line.
                                                ‘‘Agency Debt Security’’ for TRACE                        Fannie and Freddie, it understands that               Paper Comments
                                                purposes. In addition, subscribers of the                 the first CRTs will be issued under the
                                                Agency Debt data set would continue to                    new structure imminently. The                           • Send paper comments in triplicate
                                                receive transaction information on                        Commission believes that waiver of the                to Secretary, Securities and Exchange
                                                CRTs, and investors would continue to                     30-day operative delay is consistent                  Commission, 100 F Street NE,
                                                                                                          with the protection of investors and the              Washington, DC 20549–1090.
                                                see CRTs disseminated pursuant to the
                                                protocols applicable to Agency Debt                       public interest. Such action should help              All submissions should refer to File
                                                Securities that provide a comparatively                   avoid confusion among consumers of                    Number SR–FINRA–2018–020. This file
                                                higher level of transparency as to the                    TRACE data products; if the proposal                  number should be included on the
                                                actual size of the transaction. As noted                  were not immediately operative, debt                  subject line if email is used. To help the
                                                                                                          securities issued by GSE-sponsored                    Commission process and review your
                                                above, FINRA does not believe that the
                                                                                                          trusts that retain economic                           comments more efficiently, please use
                                                new issuance structure will materially
                                                                                                          characteristics of Agency Debt                        only one method. The Commission will
                                                change the characteristics of CRTs
                                                                                                          Securities would instead be treated as                post all comments on the Commission’s
                                                sufficient to warrant different treatment                 corporate debt securities, contrary to
                                                for TRACE purposes, and believes that                                                                           internet website (http://www.sec.gov/
                                                                                                          established expectations. In addition,                rules/sro.shtml). Copies of the
                                                the proposal is in the best interest of                   the Commission’s action will preserve                 submission, all subsequent
                                                investors in that it would reduce                         the same degree of post-trade                         amendments, all written statements
                                                confusion regarding the appropriate                       transparency for debt securities issued               with respect to the proposed rule
                                                categorization of CRTs.                                   by GSE-sponsored trusts, as such                      change that are filed with the
                                                B. Self-Regulatory Organization’s                         securities will continue utilizing the $5             Commission, and all written
                                                Statement on Burden on Competition                        million dissemination cap and avoid the               communications relating to the
                                                                                                          $1 million cap that would apply if                    proposed rule change between the
                                                  FINRA does not believe that the                         securities newly issued by GSE-                       Commission and any person, other than
                                                proposed rule change will result in any                   sponsored trusts were characterized as                those that may be withheld from the
                                                burden on competition that is not                         corporate debt securities. Accordingly,               public in accordance with the
                                                necessary or appropriate in furtherance                   the Commission hereby waives the                      provisions of 5 U.S.C. 552, will be
                                                of the purposes of the Act. FINRA does                    operative delay and designates the                    available for website viewing and
                                                not anticipate that the proposed rule                     proposed rule change operative upon                   printing in the Commission’s Public
                                                change will lead to any material costs or                 filing.10                                             Reference Room, 100 F Street NE,
                                                benefits to members, as it does not affect                   At any time within 60 days of the                  Washington, DC 20549 on official
                                                the TRACE reporting requirements that                     filing of the proposed rule change, the               business days between the hours of
                                                are applicable today. The proposed rule                   Commission summarily may                              10:00 a.m. and 3:00 p.m. Copies of such
                                                change would simply allow FINRA to                        temporarily suspend such rule change if               filing also will be available for
                                                continue classifying the CRTs as Agency                   it appears to the Commission that such                inspection and copying at the principal
                                                Debt Securities for data categorization                   action is necessary or appropriate in the             office of FINRA. All comments received
                                                and dissemination purposes.                               public interest, for the protection of                will be posted without change. Persons
                                                                                                          investors, or otherwise in furtherance of             submitting comments are cautioned that
                                                C. Self-Regulatory Organization’s                         the purposes of the Act. If the                       we do not redact or edit personal
                                                Statement on Comments on the                              Commission takes such action, the                     identifying information from comment
                                                Proposed Rule Change Received From                        Commission shall institute proceedings                submissions. You should submit only
sradovich on DSK3GMQ082PROD with NOTICES




                                                Members, Participants, or Others                                                                                information that you wish to make
                                                                                                            8 15  U.S.C. 78s(b)(3)(A).                          available publicly. All submissions
                                                  Written comments were neither                             9 17  CFR 240.19b–4(f)(6).                          should refer to File Number SR–FINRA–
                                                solicited nor received.                                      10 For purposes only of waiving the 30-day
                                                                                                                                                                2018–020, and should be submitted on
                                                                                                          operative delay, the Commission also has              or before June 14, 2018.
                                                                                                          considered the proposed rule’s impact on
                                                                                                          efficiency, competition, and capital formation. See
                                                  7 15   U.S.C. 78o–3(b)(6).                              15 U.S.C. 78c(f).                                       11 17   CFR 200.30–3(a)(12).



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                                                                              Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices                                                   24145

                                                  For the Commission, by the Division of                DEPARTMENT OF TRANSPORTATION                          as described in the system of records
                                                Trading and Markets, pursuant to delegated                                                                    notice (DOT/ALL–14 FDMS), which can
                                                authority.11                                            Federal Motor Carrier Safety                          be reviewed at http://www.dot.gov/
                                                Robert W. Errett,                                       Administration                                        privacy.
                                                Deputy Secretary.                                       [FMCSA Docket No. FMCSA–2018–0050]                    II. Background
                                                [FR Doc. 2018–11093 Filed 5–23–18; 8:45 am]
                                                                                                        Qualification of Drivers; Exemption                      On March 22, 2018, FMCSA
                                                BILLING CODE 8011–01–P
                                                                                                        Applications; Epilepsy and Seizure                    published a notice announcing receipt
                                                                                                        Disorders                                             of applications from seven individuals
                                                                                                                                                              requesting an exemption from the
                                                                                                        AGENCY: Federal Motor Carrier Safety                  epilepsy and seizure disorders
                                                DEPARTMENT OF STATE                                     Administration (FMCSA), DOT.                          prohibition in 49 CFR 391.41(b)(8) and
                                                                                                        ACTION: Notice of final disposition.                  requested comments from the public (83
                                                [Public Notice: 10422]                                                                                        FR 12641). The public comment period
                                                                                                        SUMMARY:   FMCSA announces its                        ended on April 23, 2018, and one
                                                U.S. Department of State Advisory                       decision to exempt seven individuals                  comment was received.
                                                Committee on Private International                      from the requirement in the Federal                      FMCSA has evaluated the eligibility
                                                Law (ACPIL): Public Meeting on Micro,                   Motor Carrier Safety Regulations                      of these applicants and determined that
                                                Small and Medium-Sized Enterprises                      (FMCSRs) that interstate commercial                   granting exemptions to these
                                                (MSMEs) in Advance of the United                        motor vehicle (CMV) drivers have ‘‘no                 individuals would achieve a level of
                                                Nations Commission on International                     established medical history or clinical               safety equivalent to or greater than the
                                                Trade Law (UNCITRAL) Commission                         diagnosis of epilepsy or any other                    level that would be achieved by
                                                Session for 2018                                        condition which is likely to cause loss               complying with the current regulation
                                                                                                        of consciousness or any loss of ability to            49 CFR 391.41(b)(8).
                                                   The Office of the Assistant Legal                    control a CMV.’’ The exemptions enable                   The physical qualification standard
                                                Adviser for Private International Law,                  these individuals who have had one or                 for drivers regarding epilepsy found in
                                                Department of State, hereby gives notice                more seizures and are taking anti-                    49 CFR 391.41(b)(8) states that a person
                                                the Advisory Committee on Private                       seizure medication to operate CMVs in                 is physically qualified to drive a CMV
                                                International Law (ACPIL) will hold a                   interstate commerce.                                  if that person has no established
                                                public meeting via teleconference to                    DATES: The exemptions were applicable                 medical history or clinical diagnosis of
                                                discuss several matters relating to                     on April 26, 2018. The exemptions                     epilepsy or any other condition which
                                                MSMEs. This is not a meeting of the full                expire on April 26, 2020.                             is likely to cause the loss of
                                                Advisory Committee.                                     FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                              consciousness or any loss of ability to
                                                                                                        Christine A. Hydock, Chief, Medical                   control a CMV.
                                                   The UNCITRAL Commission Session,                                                                              In addition to the regulations, FMCSA
                                                which will be held June 25 through July                 Programs Division, (202) 366–4001,
                                                                                                                                                              has published advisory criteria 1 to
                                                13, will, among other things, finalize                  fmcsamedical@dot.gov, FMCSA,
                                                                                                                                                              assist medical examiners in determining
                                                                                                        Department of Transportation, 1200
                                                and adopt a Legislative Guide on Key                                                                          whether drivers with certain medical
                                                                                                        New Jersey Avenue SE, Room W64–224,
                                                Principles of a Business Registry (A/                                                                         conditions are qualified to operate a
                                                                                                        Washington, DC 20590–0001. Office
                                                CN.9/940) and an instrument on                                                                                CMV in interstate commerce. [49 CFR
                                                                                                        hours are from 8:30 a.m. to 5 p.m., e.t.,
                                                Reducing the Legal Obstacles Faced by                                                                         part 391, APPENDIX A TO PART 391—
                                                                                                        Monday through Friday, except Federal
                                                MSMEs (A/CN.9/941). Additionally, the                                                                         MEDICAL ADVISORY CRITERIA,
                                                                                                        holidays. If you have questions
                                                Commission will consider a proposal by                                                                        section H. Epilepsy: § 391.41(b)(8),
                                                                                                        regarding viewing or submitting
                                                the Government of Italy on possible                                                                           paragraphs 3, 4, and 5.]
                                                                                                        material to the docket, contact Docket
                                                future work by UNCITRAL on                              Services, telephone (202) 366–9826.                   III. Discussion of Comments
                                                alternative forms of organization to                    SUPPLEMENTARY INFORMATION:                               FMCSA received one comment in this
                                                corporate like models (contractual
                                                                                                        I. Electronic Access                                  proceeding. This comment supported
                                                networks) (A/CN.9/954). The
                                                                                                                                                              granting exemptions to these applicants.
                                                Commission documents will be                               You may see all the comments online
                                                available at http://www.uncitral.org/                   through the Federal Document                          IV. Basis for Exemption Determination
                                                uncitral/commission/sessions/                           Management System (FDMS) at: http://                    Under 49 U.S.C. 31136(e) and
                                                50th.html.                                              www.regulations.gov.                                  31315(b), FMCSA may grant an
                                                   Time and Place: The ACPIL public                        Docket: For access to the docket to                exemption from the epilepsy and
                                                meeting will take place on Tuesday,                     read background documents or                          seizure disorder prohibition in 49 CFR
                                                June 12, 2018, from 10 a.m. to 12:00                    comments, go to http://                               391.41(b)(8) if the exemption is likely to
                                                p.m. EDT via teleconference.                            www.regulations.gov and/or Room                       achieve an equivalent or greater level of
                                                                                                        W12–140 on the ground level of the                    safety than would be achieved without
                                                   Public Participation: Those planning                 West Building, 1200 New Jersey Avenue                 the exemption. The exemption allows
                                                to participate should email pil@state.gov               SE, Washington, DC, between 9 a.m. and                the applicants to operate CMVs in
                                                to obtain the call-in number.                           5 p.m., e.t., Monday through Friday,                  interstate commerce.
                                                                                                        except Federal holidays.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Michael J. Dennis,                                                                                              In reaching the decision to grant these
                                                                                                           Privacy Act: In accordance with 5                  exemption requests, FMCSA considered
                                                Attorney-Adviser, Office of Private
                                                                                                        U.S.C. 553(c), DOT solicits comments
                                                International Law, Office of the Legal Adviser,
                                                U.S. Department of State.                               from the public to better inform its                     1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=

                                                                                                        rulemaking process. DOT posts these                   e47b48a9ea42dd67d999246e23d97970&mc=
                                                [FR Doc. 2018–11173 Filed 5–23–18; 8:45 am]                                                                   true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
                                                                                                        comments, without edit, including any                 and https://www.gpo.gov/fdsys/pkg/CFR-2015-
                                                BILLING CODE 4710–08–P
                                                                                                        personal information the commenter                    title49-vol5/pdf/CFR-2015-title49-vol5-part391-
                                                                                                        provides, to http://www.regulations.gov,              appA.pdf.



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Document Created: 2018-05-24 00:05:26
Document Modified: 2018-05-24 00:05:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 24143 

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