83_FR_30932 83 FR 30806 - Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the DTC Operational Arrangements To Add Clarifying Text Relating to the Processing of Unit Investment Trust Securities Through the DTC Investor's Voluntary Redemptions and Sales Service

83 FR 30806 - Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the DTC Operational Arrangements To Add Clarifying Text Relating to the Processing of Unit Investment Trust Securities Through the DTC Investor's Voluntary Redemptions and Sales Service

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30806-30808
FR Document2018-13980

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30806-30808]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13980]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83511; File No. SR-DTC-2018-005]


Self-Regulatory Organizations; The Depository Trust Company; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend the DTC Operational Arrangements To Add Clarifying Text Relating 
to the Processing of Unit Investment Trust Securities Through the DTC 
Investor's Voluntary Redemptions and Sales Service

June 25, 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 June 20, 2018, The Depository Trust Company (``DTC'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change as described in Items I, II and III below, which Items have been 
prepared by the clearing agency. 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. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change \3\ consists of proposed modifications to 
the DTC Operational Arrangements (Necessary for Securities to Become 
and Remain Eligible for DTC Services) (``OA'') \4\ to provide enhanced 
transparency within DTC's Procedures \5\ relating to requirements for 
Securities issued by unit investment trusts (``Units'') to be processed 
through DTC's Investor's Voluntary Redemptions and Sales Service 
(``IVORS''), as described below.
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    \3\ Each capitalized term not otherwise defined herein has its 
respective meaning as set forth in the Rules, By-Laws and 
Organization Certificate of The Depository Trust Company 
(``Rules''), available at http://www.dtcc.com/~/media/Files/
Downloads/legal/rules/dtc_rules.pdf.
    \4\ Available at http://www.dtcc.com/~/media/Files/Downloads/
legal/issue-eligibility/eligibility/operational-arrangements.pdf.
    \5\ Pursuant to the Rules, the term ``Procedures'' means the 
Procedures, service guides, and regulations of DTC adopted pursuant 
to Rule 27, as amended from time to time. See Rule 1, Section 1, 
supra note 3, at 13.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

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

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

1. Purpose
    The proposed rule change consists of proposed modifications to the 
OA to provide enhanced transparency within the DTC Procedures relating 
to DTC's requirements for Units to be processed through IVORS, as 
discussed below.
Background
    A unit investment trust is an investment company that buys and 
holds a generally fixed portfolio of stocks, bonds or other securities 
for a fixed period of time. Units are sold by a sponsor, which is the 
issuer of the Units, to investors who receive a share of principal and 
dividends, or interest. When Units mature, an investor may redeem 
matured Units with the transfer agent for the Units, or sell Units to 
the sponsor for a cash payment (such redemptions and sales jointly 
referred to herein as ``Redemptions'').\6\ The sponsor may also allow a 
holder of maturing Units to ``rollover'' the Units by redeeming the 
maturing Units for a comparable issue of Units (``Rollover'').
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    \6\ See Securities Exchange Act Release No. 39852 (April 10, 
1998), 63 FR 19545 (April 20, 1998) (``1998 Release'').
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    Units that meet DTC's eligibility requirements \7\ may be Deposited 
for book-entry services at DTC and be held by Participants on behalf of 
investors. Redemptions and Rollovers of Units held at DTC must be 
processed through IVORS.\8\ IVORS allows a Participant to

[[Page 30807]]

surrender Units for value via book-entry, which Units are processed in 
accordance with standing instructions (``Standing Instructions'') 
provided by the sponsor or transfer agent for the Units through DTC's 
Participant Terminal System (``PTS''),\9\ an electronic interface that 
allows Participants to submit instructions to DTC and make inquiries in 
DTC's system. The transfer agent and the sponsor must each maintain a 
DTC Participant Account in order to facilitate the settlement of 
Redemptions.\10\
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    \7\ See OA, supra note 4 at 1-3 (setting forth requirements for 
Securities to be made eligible for DTC book-entry services).
    \8\ See OA, supra note 4 at 43-44.
    \9\ See 1998 Release, supra note 6, and Securities Exchange Act 
Release No. 50279 (August 27, 2004), 69 FR 54169 (``2004 Release'').
    \10\ See id.
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    In this regard, and as approved in the 1998 Release, in order to be 
eligible for processing through IVORS, (i) Units must be DTC-eligible 
and held in DTC's FAST program,\11\ (ii) the transfer agent, which is 
the Fast Agent for the Units, must be a DTC Participant and (iii) the 
sponsor, or the sponsor's clearing agent, i.e., a Participant that acts 
on the sponsor's behalf with respect to the settlement of transactions 
in Units issued by the sponsor, must be a DTC Participant (``IVORS 
Eligibility Requirements'').\12\
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    \11\ DTC's FAST program allows a transfer agent which is 
approved by DTC to be a ``FAST Agent'' to act as custodian for DTC 
and increase or decrease the amounts of a balance certificate 
representing Securities eligible for DTC book-entry services. See 
OA, supra note 4 at 15.
    \12\ See 1998 Release, supra note 6.
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    As indicated above, the OA currently states the requirement that 
IVORS must be used for the processing of Redemptions and Rollovers for 
Units held at DTC. The applicable OA text does not include references 
to requirements relating to IVORS processing that were approved in the 
1998 and 2004 Releases, in particular: (i) The use of Standing 
Instructions by a sponsor and/or FAST Agent \13\ and (ii) the IVORS 
Eligibility Requirements.\14\ Pursuant to this rule filing, in order to 
provide enhanced transparency within the OA to users of DTC services 
with regard to the use of IVORS for the processing of Redemptions and 
Rollovers, DTC proposes to amend the OA to include text stating these 
requirements.
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    \13\ See supra note 9.
    \14\ See supra note 12.
---------------------------------------------------------------------------

    In addition, currently existing text in the OA relating to the 
processing of Units uses the term ``UIT'' interchangeably to describe 
both a unit investment trust and Units. In order to further enhance the 
transparency of the text of the Subject Section, as defined below, to 
more clearly distinguish between unit investment trusts and the 
securities issued by them, DTC would revise the applicable OA text to 
define Securities issued by unit investment trusts as ``Units.'' The 
text would continue to refer to unit investment trusts as UITs.
Proposed Changes to the OA
    Pursuant to the proposed rule change, DTC would amend the OA to 
revise Section VI.C.1.a. (Use of DTC's Investor's Voluntary Redemptions 
and Sales to sponsor) (``Subject Section''), relating to Redemption and 
Rollover processing through IVORS, to add text stating (i) the IVORS 
Eligibility Requirements and (ii) a provision relating to the 
processing of Redemptions and Rollovers in accordance with Standing 
Instructions provided by the sponsor or FAST Agent for the Units, as 
described above. Specifically, the proposed rule change would add the 
following within the existing text of that section as it relates to the 
description of Redemption and Rollover activities:
    ``IVORS will only be available for these activities if (1) the 
subject Unit is DTC-eligible, (2) the subject Unit is held through the 
FAST program, (3) the FAST Agent for the Unit is a Participant of DTC, 
and (4) the Unit's lead sponsor or its clearing agent is a Participant. 
Redemptions and rollovers are processed in accordance with standing 
instructions provided by the FAST Agent and/or sponsor of the Unit 
through PTS.''
    In addition, DTC would revise the text of the Subject Section to 
define Securities issued by unit investment trusts (i.e., Units, as 
defined above) as ``Units,'' as described above.
Effective Date
    The proposed rule change would become effective upon filing with 
the Commission.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Securities Exchange Act of 1934 
(``Act'') \15\ requires that the rules of the clearing agency be 
designed, inter alia, to promote the prompt and accurate clearance and 
settlement of securities transactions. DTC believes that the proposed 
rule change is consistent with this provision of the Act because by 
adding text within the Procedures set forth in the OA regarding DTC's 
requirements for the processing of Redemptions and Rollovers of Units 
through IVORS and more clearly distinguishing in the text of the 
Subject Section between unit investment trusts and Units, the proposed 
rule change would provide enhanced transparency for Participants with 
respect to the Procedures relating to such processing, including better 
facilitating Participants' understanding of the requirements relating 
to the processing of Units held by them at DTC. Therefore, by providing 
Participants with enhanced transparency with regard to the Procedures 
relating to the processing of Redemptions and Rollovers of Units 
through IVORS, and therefore facilitating Participants ability to 
understand the requirements relating to the processing of Units held by 
them at DTC, DTC believes that the proposed rule change would promote 
the prompt and accurate clearance and settlement of securities 
transactions consistent with the Act.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1(b)(3)(F).
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(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any 
impact on competition. The proposed rule change would merely provide 
enhanced transparency with respect to existing Procedures relating to 
the processing of Redemptions and Rollovers through IVORS by adding 
text to the OA that is consistent with requirements previously approved 
by the Commission.\16\ Therefore, the proposed rule change would not 
affect the rights or obligations of Participants, and as such, would 
not impact competition.
---------------------------------------------------------------------------

    \16\ See supra note 9.
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants, or Others

    Written comments relating to this proposed rule change have not 
been solicited or received. DTC will notify the Commission of any 
written comments received by DTC.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4 
thereunder.\18\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of

[[Page 30808]]

investors, or otherwise in furtherance of the purposes of the Act.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
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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-DTC-2018-005 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2018-005. 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 the filing also will be available for inspection 
and copying at the principal office of DTC and on DTCC's website 
(http://dtcc.com/legal/sec-rule-filings.aspx). 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-DTC-2018-005 and should be submitted on 
or before July 20, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13980 Filed 6-28-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                30806                           Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices

                                                it appears to the Commission that such                  to make available publicly. All                         requirements for Securities issued by
                                                action is necessary or appropriate in the               submissions should refer to File                        unit investment trusts (‘‘Units’’) to be
                                                public interest, for the protection of                  Number SR–GEMX–2018–22, and                             processed through DTC’s Investor’s
                                                investors, or otherwise in furtherance of               should be submitted on or before July                   Voluntary Redemptions and Sales
                                                the purposes of the Act. If the                         20, 2018.                                               Service (‘‘IVORS’’), as described below.
                                                Commission takes such action, the                         For the Commission, by the Division of                II. Clearing Agency’s Statement of the
                                                Commission shall institute proceedings                  Trading and Markets, pursuant to delegated              Purpose of, and Statutory Basis for, the
                                                to determine whether the proposed rule                  authority.12
                                                                                                                                                                Proposed Rule Change
                                                change should be approved or                            Eduardo A. Aleman
                                                disapproved.                                            Assistant Secretary.
                                                                                                                                                                   In its filing with the Commission, the
                                                                                                                                                                clearing agency included statements
                                                IV. Solicitation of Comments                            [FR Doc. 2018–13986 Filed 6–28–18; 8:45 am]
                                                                                                                                                                concerning the purpose of and basis for
                                                                                                        BILLING CODE 8011–01–P
                                                  Interested persons are invited to                                                                             the proposed rule change and discussed
                                                submit written data, views, and                                                                                 any comments it received on the
                                                arguments concerning the foregoing,                                                                             proposed rule change. The text of these
                                                                                                        SECURITIES AND EXCHANGE
                                                including whether the proposed rule                                                                             statements may be examined at the
                                                                                                        COMMISSION
                                                change is consistent with the Act.                                                                              places specified in Item IV below. The
                                                Comments may be submitted by any of                     [Release No. 34–83511; File No. SR–DTC–                 clearing agency has prepared
                                                the following methods:                                  2018–005]                                               summaries, set forth in sections A, B,
                                                Electronic Comments                                                                                             and C below, of the most significant
                                                                                                        Self-Regulatory Organizations; The
                                                                                                                                                                aspects of such statements.
                                                  • Use the Commission’s internet                       Depository Trust Company; Notice of
                                                comment form (http://www.sec.gov/                       Filing and Immediate Effectiveness of                   (A) Clearing Agency’s Statement of the
                                                rules/sro.shtml); or                                    Proposed Rule Change To Amend the                       Purpose of, and Statutory Basis for, the
                                                  • Send an email to rule-comments@                     DTC Operational Arrangements To Add                     Proposed Rule Change
                                                sec.gov. Please include File Number SR–                 Clarifying Text Relating to the
                                                                                                                                                                1. Purpose
                                                GEMX–2018–22 on the subject line.                       Processing of Unit Investment Trust
                                                                                                        Securities Through the DTC Investor’s                      The proposed rule change consists of
                                                Paper Comments                                          Voluntary Redemptions and Sales                         proposed modifications to the OA to
                                                   • Send paper comments in triplicate                  Service                                                 provide enhanced transparency within
                                                to Secretary, Securities and Exchange                                                                           the DTC Procedures relating to DTC’s
                                                Commission, 100 F Street NE,                            June 25, 2018.                                          requirements for Units to be processed
                                                Washington, DC 20549–1090.                                 Pursuant to Section 19(b)(1) of the                  through IVORS, as discussed below.
                                                                                                        Securities Exchange Act of 1934
                                                All submissions should refer to File                                                                            Background
                                                                                                        (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                Number SR–GEMX–2018–22. This file
                                                                                                        notice is hereby given that on June 20,                    A unit investment trust is an
                                                number should be included on the
                                                                                                        2018, The Depository Trust Company                      investment company that buys and
                                                subject line if email is used. To help the
                                                                                                        (‘‘DTC’’) filed with the Securities and                 holds a generally fixed portfolio of
                                                Commission process and review your
                                                                                                        Exchange Commission (‘‘Commission’’)                    stocks, bonds or other securities for a
                                                comments more efficiently, please use
                                                                                                        the proposed rule change as described                   fixed period of time. Units are sold by
                                                only one method. The Commission will
                                                                                                        in Items I, II and III below, which Items               a sponsor, which is the issuer of the
                                                post all comments on the Commission’s
                                                                                                        have been prepared by the clearing                      Units, to investors who receive a share
                                                internet website (http://www.sec.gov/
                                                                                                        agency. The Commission is publishing                    of principal and dividends, or interest.
                                                rules/sro.shtml). Copies of the                         this notice to solicit comments on the
                                                submission, all subsequent                                                                                      When Units mature, an investor may
                                                                                                        proposed rule change from interested                    redeem matured Units with the transfer
                                                amendments, all written statements                      persons.
                                                with respect to the proposed rule                                                                               agent for the Units, or sell Units to the
                                                change that are filed with the                          I. Clearing Agency’s Statement of the                   sponsor for a cash payment (such
                                                Commission, and all written                             Terms of Substance of the Proposed                      redemptions and sales jointly referred to
                                                communications relating to the                          Rule Change                                             herein as ‘‘Redemptions’’).6 The sponsor
                                                proposed rule change between the                                                                                may also allow a holder of maturing
                                                                                                           The proposed rule change 3 consists of               Units to ‘‘rollover’’ the Units by
                                                Commission and any person, other than                   proposed modifications to the DTC
                                                those that may be withheld from the                                                                             redeeming the maturing Units for a
                                                                                                        Operational Arrangements (Necessary                     comparable issue of Units (‘‘Rollover’’).
                                                public in accordance with the                           for Securities to Become and Remain
                                                provisions of 5 U.S.C. 552, will be                                                                                Units that meet DTC’s eligibility
                                                                                                        Eligible for DTC Services) (‘‘OA’’) 4 to                requirements 7 may be Deposited for
                                                available for website viewing and                       provide enhanced transparency within
                                                printing in the Commission’s Public                                                                             book-entry services at DTC and be held
                                                                                                        DTC’s Procedures 5 relating to                          by Participants on behalf of investors.
                                                Reference Room, 100 F Street NE,
                                                Washington, DC 20549 on official                          12 17
                                                                                                                                                                Redemptions and Rollovers of Units
                                                                                                                CFR 200.30–3(a)(12).
                                                business days between the hours of                        1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                held at DTC must be processed through
                                                10:00 a.m. and 3:00 p.m. Copies of the                    2 17 CFR 240.19b–4.                                   IVORS.8 IVORS allows a Participant to
                                                                                                          3 Each capitalized term not otherwise defined
                                                filing also will be available for
                                                                                                        herein has its respective meaning as set forth in the   regulations of DTC adopted pursuant to Rule 27, as
                                                inspection and copying at the principal
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                                                                                                        Rules, By-Laws and Organization Certificate of The      amended from time to time. See Rule 1, Section 1,
                                                office of the Exchange. All comments                    Depository Trust Company (‘‘Rules’’), available at      supra note 3, at 13.
                                                received will be posted without change.                 http://www.dtcc.com/∼/media/Files/Downloads/               6 See Securities Exchange Act Release No. 39852

                                                Persons submitting comments are                         legal/rules/dtc_rules.pdf.                              (April 10, 1998), 63 FR 19545 (April 20, 1998)
                                                                                                          4 Available at http://www.dtcc.com/∼/media/           (‘‘1998 Release’’).
                                                cautioned that we do not redact or edit
                                                                                                        Files/Downloads/legal/issue-eligibility/eligibility/       7 See OA, supra note 4 at 1–3 (setting forth
                                                personal identifying information from                   operational-arrangements.pdf.                           requirements for Securities to be made eligible for
                                                comment submissions. You should                           5 Pursuant to the Rules, the term ‘‘Procedures’’      DTC book-entry services).
                                                submit only information that you wish                   means the Procedures, service guides, and                  8 See OA, supra note 4 at 43–44.




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                                                                                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices                                             30807

                                                surrender Units for value via book-                     securities issued by them, DTC would                    proposed rule change would provide
                                                entry, which Units are processed in                     revise the applicable OA text to define                 enhanced transparency for Participants
                                                accordance with standing instructions                   Securities issued by unit investment                    with respect to the Procedures relating
                                                (‘‘Standing Instructions’’) provided by                 trusts as ‘‘Units.’’ The text would                     to such processing, including better
                                                the sponsor or transfer agent for the                   continue to refer to unit investment                    facilitating Participants’ understanding
                                                Units through DTC’s Participant                         trusts as UITs.                                         of the requirements relating to the
                                                Terminal System (‘‘PTS’’),9 an                                                                                  processing of Units held by them at
                                                                                                        Proposed Changes to the OA
                                                electronic interface that allows                                                                                DTC. Therefore, by providing
                                                Participants to submit instructions to                     Pursuant to the proposed rule change,                Participants with enhanced
                                                DTC and make inquiries in DTC’s                         DTC would amend the OA to revise                        transparency with regard to the
                                                system. The transfer agent and the                      Section VI.C.1.a. (Use of DTC’s                         Procedures relating to the processing of
                                                sponsor must each maintain a DTC                        Investor’s Voluntary Redemptions and                    Redemptions and Rollovers of Units
                                                Participant Account in order to facilitate              Sales to sponsor) (‘‘Subject Section’’),                through IVORS, and therefore
                                                the settlement of Redemptions.10                        relating to Redemption and Rollover                     facilitating Participants ability to
                                                   In this regard, and as approved in the               processing through IVORS, to add text                   understand the requirements relating to
                                                1998 Release, in order to be eligible for               stating (i) the IVORS Eligibility                       the processing of Units held by them at
                                                processing through IVORS, (i) Units                     Requirements and (ii) a provision                       DTC, DTC believes that the proposed
                                                must be DTC-eligible and held in DTC’s                  relating to the processing of                           rule change would promote the prompt
                                                FAST program,11 (ii) the transfer agent,                Redemptions and Rollovers in                            and accurate clearance and settlement of
                                                which is the Fast Agent for the Units,                  accordance with Standing Instructions                   securities transactions consistent with
                                                must be a DTC Participant and (iii) the                 provided by the sponsor or FAST Agent                   the Act.
                                                sponsor, or the sponsor’s clearing agent,               for the Units, as described above.
                                                i.e., a Participant that acts on the                    Specifically, the proposed rule change                  (B) Clearing Agency’s Statement on
                                                sponsor’s behalf with respect to the                    would add the following within the                      Burden on Competition
                                                settlement of transactions in Units                     existing text of that section as it relates
                                                issued by the sponsor, must be a DTC                    to the description of Redemption and                      DTC does not believe that the
                                                Participant (‘‘IVORS Eligibility                        Rollover activities:                                    proposed rule change would have any
                                                Requirements’’).12                                         ‘‘IVORS will only be available for                   impact on competition. The proposed
                                                   As indicated above, the OA currently                 these activities if (1) the subject Unit is             rule change would merely provide
                                                states the requirement that IVORS must                  DTC-eligible, (2) the subject Unit is held              enhanced transparency with respect to
                                                be used for the processing of                           through the FAST program, (3) the                       existing Procedures relating to the
                                                Redemptions and Rollovers for Units                     FAST Agent for the Unit is a Participant                processing of Redemptions and
                                                held at DTC. The applicable OA text                     of DTC, and (4) the Unit’s lead sponsor                 Rollovers through IVORS by adding text
                                                does not include references to                          or its clearing agent is a Participant.                 to the OA that is consistent with
                                                requirements relating to IVORS                          Redemptions and rollovers are                           requirements previously approved by
                                                processing that were approved in the                    processed in accordance with standing                   the Commission.16 Therefore, the
                                                1998 and 2004 Releases, in particular:                  instructions provided by the FAST                       proposed rule change would not affect
                                                (i) The use of Standing Instructions by                 Agent and/or sponsor of the Unit                        the rights or obligations of Participants,
                                                a sponsor and/or FAST Agent 13 and (ii)                 through PTS.’’                                          and as such, would not impact
                                                the IVORS Eligibility Requirements.14                      In addition, DTC would revise the text               competition.
                                                Pursuant to this rule filing, in order to               of the Subject Section to define
                                                provide enhanced transparency within                    Securities issued by unit investment                    (C) Clearing Agency’s Statement on
                                                the OA to users of DTC services with                    trusts (i.e., Units, as defined above) as               Comments on the Proposed Rule
                                                regard to the use of IVORS for the                      ‘‘Units,’’ as described above.                          Change Received From Members,
                                                processing of Redemptions and                                                                                   Participants, or Others
                                                Rollovers, DTC proposes to amend the                    Effective Date
                                                OA to include text stating these                                                                                  Written comments relating to this
                                                                                                          The proposed rule change would
                                                requirements.                                           become effective upon filing with the                   proposed rule change have not been
                                                   In addition, currently existing text in              Commission.                                             solicited or received. DTC will notify
                                                the OA relating to the processing of                                                                            the Commission of any written
                                                Units uses the term ‘‘UIT’’                             2. Statutory Basis                                      comments received by DTC.
                                                interchangeably to describe both a unit                    Section 17A(b)(3)(F) of the Securities               III. Date of Effectiveness of the
                                                investment trust and Units. In order to                 Exchange Act of 1934 (‘‘Act’’) 15 requires              Proposed Rule Change, and Timing for
                                                further enhance the transparency of the                 that the rules of the clearing agency be                Commission Action
                                                text of the Subject Section, as defined                 designed, inter alia, to promote the
                                                below, to more clearly distinguish                      prompt and accurate clearance and                          The foregoing rule change has become
                                                between unit investment trusts and the                  settlement of securities transactions.                  effective pursuant to Section 19(b)(3)(A)
                                                                                                        DTC believes that the proposed rule                     of the Act 17 and paragraph (f) of Rule
                                                  9 See 1998 Release, supra note 6, and Securities
                                                                                                        change is consistent with this provision                19b–4 thereunder.18 At any time within
                                                Exchange Act Release No. 50279 (August 27, 2004),       of the Act because by adding text within                60 days of the filing of the proposed rule
                                                69 FR 54169 (‘‘2004 Release’’).
                                                  10 See id.                                            the Procedures set forth in the OA                      change, the Commission summarily may
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                                                  11 DTC’s FAST program allows a transfer agent         regarding DTC’s requirements for the                    temporarily suspend such rule change if
                                                which is approved by DTC to be a ‘‘FAST Agent’’         processing of Redemptions and                           it appears to the Commission that such
                                                to act as custodian for DTC and increase or decrease    Rollovers of Units through IVORS and                    action is necessary or appropriate in the
                                                the amounts of a balance certificate representing       more clearly distinguishing in the text
                                                Securities eligible for DTC book-entry services. See
                                                                                                                                                                public interest, for the protection of
                                                OA, supra note 4 at 15.                                 of the Subject Section between unit
                                                  12 See 1998 Release, supra note 6.                    investment trusts and Units, the                         16 See supra note 9.
                                                  13 See supra note 9.                                                                                           17 15 U.S.C. 78s(b)(3)(A).
                                                  14 See supra note 12.                                   15 15   U.S.C. 78q–1(b)(3)(F).                         18 17 CFR 240.19b–4(f).




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                                                30808                           Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices

                                                investors, or otherwise in furtherance of                 For the Commission, by the Division of               statements concerning the purpose of,
                                                the purposes of the Act.                                Trading and Markets, pursuant to delegated             and basis for, the proposed rule change
                                                                                                        authority.19                                           and discussed any comments it received
                                                IV. Solicitation of Comments                            Eduardo A. Aleman,                                     on the proposed rule change. The text
                                                  Interested persons are invited to                     Assistant Secretary.                                   of those statements may be examined at
                                                submit written data, views and                          [FR Doc. 2018–13980 Filed 6–28–18; 8:45 am]            the places specified in Item IV below.
                                                arguments concerning the foregoing,                     BILLING CODE 8011–01–P                                 The Exchange has prepared summaries,
                                                including whether the proposed rule                                                                            set forth in sections A, B, and C below,
                                                change is consistent with the Act.                                                                             of the most significant parts of such
                                                Comments may be submitted by any of                     SECURITIES AND EXCHANGE                                statements.
                                                the following methods:                                  COMMISSION
                                                                                                                                                               A. Self-Regulatory Organization’s
                                                Electronic Comments                                     [Release No. 34–83507; File No. SR–                    Statement of the Purpose of, and the
                                                                                                        NYSEAMER–2018–33]                                      Statutory Basis for, the Proposed Rule
                                                  • Use the Commission’s internet                                                                              Change
                                                comment form (http://www.sec.gov/                       Self-Regulatory Organizations; NYSE
                                                rules/sro.shtml); or                                    American LLC; Notice of Filing and                     1. Purpose
                                                  • Send an email to rule-comments@                     Immediate Effectiveness of Proposed                       The Exchange hereby proposes to
                                                sec.gov. Please include File Number SR–                 Rule Change To Amend Commentary                        amend Commentary .02 to Rule 960NY
                                                DTC–2018–005 on the subject line.                       .02 to Rule 960NY in Order To Extend                   to extend the time period of the Pilot
                                                                                                        the Penny Pilot in Options Classes in                  Program,4 which is currently scheduled
                                                Paper Comments                                          Certain Issues Through December 31,                    to expire on June 30, 2018, through
                                                                                                        2018                                                   December 31, 2018. The Exchange also
                                                  • Send paper comments in triplicate
                                                to Secretary, Securities and Exchange                   June 25, 2018.
                                                                                                                                                               proposes that the date to replace issues
                                                Commission, 100 F Street NE,                                                                                   in the Pilot Program that have been
                                                                                                           Pursuant to Section 19(b)(1) 1 of the
                                                Washington, DC 20549.                                                                                          delisted be revised to the second trading
                                                                                                        Securities Exchange Act of 1934 (the
                                                                                                                                                               day following July 1, 2018.5 The
                                                All submissions should refer to File                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                                                                               Exchange believes that extending the
                                                Number SR–DTC–2018–005. This file                       notice is hereby given that on June 21,
                                                                                                                                                               Pilot would allow for further analysis of
                                                number should be included on the                        2018, NYSE American LLC (the
                                                                                                                                                               the Pilot Program and a determination
                                                subject line if email is used. To help the              ‘‘Exchange’’ or ‘‘NYSE American’’) filed
                                                                                                                                                               of how the Pilot Program should be
                                                Commission process and review your                      with the Securities and Exchange
                                                                                                                                                               structured in the future.
                                                comments more efficiently, please use                   Commission (the ‘‘Commission’’) the                       This filing does not propose any
                                                only one method. The Commission will                    proposed rule change as described in                   substantive changes to the Pilot
                                                post all comments on the Commission’s                   Items I and II below, which Items have                 Program: All classes currently
                                                internet website (http://www.sec.gov/                   been prepared by the self-regulatory                   participating will remain the same and
                                                rules/sro.shtml). Copies of the                         organization. The Commission is                        all minimum increments will remain
                                                submission, all subsequent                              publishing this notice to solicit                      unchanged. The Exchange believes the
                                                amendments, all written statements                      comments on the proposed rule change                   benefits to public customers and other
                                                with respect to the proposed rule                       from interested persons.                               market participants who will be able to
                                                change that are filed with the                          I. Self-Regulatory Organization’s                      express their true prices to buy and sell
                                                Commission, and all written                             Statement of the Terms of Substance of                 options have been demonstrated to
                                                communications relating to the                          the Proposed Rule Change                               outweigh the increase in quote traffic.
                                                proposed rule change between the
                                                Commission and any person, other than                      The Exchange proposes to amend                      2. Statutory Basis
                                                those that may be withheld from the                     Commentary .02 to Rule 960NY in order                     The proposed rule change is
                                                public in accordance with the                           to extend the Penny Pilot in options                   consistent with Section 6(b) 6 of the
                                                provisions of 5 U.S.C. 552, will be                     classes in certain issues (‘‘Pilot                     Securities Exchange Act of 1934 (the
                                                available for website viewing and                       Program’’) previously approved by the                  ‘‘Act’’), in general, and furthers the
                                                printing in the Commission’s Public                     Securities and Exchange Commission                     objectives of Section 6(b)(5),7 in
                                                Reference Room, 100 F Street NE,                        (‘‘Commission’’) through December 31,                  particular, in that it is designed to
                                                Washington, DC 20549 on official                        2018. The Pilot Program is currently                   prevent fraudulent and manipulative
                                                business days between the hours of                      scheduled to expire on June 30, 2018.                  acts and practices, to promote just and
                                                10:00 a.m. and 3:00 p.m. Copies of the                  The proposed rule change is available                  equitable principles of trade, to foster
                                                filing also will be available for                       on the Exchange’s website at                           cooperation and coordination with
                                                inspection and copying at the principal                 www.nyse.com, at the principal office of
                                                office of DTC and on DTCC’s website                     the Exchange, and at the Commission’s                     4 See Securities Exchange Act Release No. 82358

                                                (http://dtcc.com/legal/sec-rule-                        Public Reference Room.                                 (December 19, 2017), 82 FR 61054 (December 26,
                                                                                                                                                               2017) (SR–NYSEAMER–2017–38).
                                                filings.aspx). All comments received                    II. Self-Regulatory Organization’s                        5 The month immediately preceding a
                                                will be posted without change. Persons                  Statement of the Purpose of, and                       replacement class’s addition to the Pilot Program
                                                submitting comments are cautioned that                  Statutory Basis for, the Proposed Rule                 (i.e., June) would not be used for purposes of the
                                                we do not redact or edit personal                                                                              analysis for determining the replacement class.
                                                                                                        Change
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                                                                                                                                                               Thus, a replacement class to be added on the
                                                identifying information from comment                                                                           second trading day following July 1, 2018 would be
                                                submissions. You should submit only                       In its filing with the Commission, the
                                                                                                                                                               identified based on The Option Clearing
                                                information that you wish to make                       self-regulatory organization included                  Corporation’s trading volume data from December
                                                available publicly. All submissions                                                                            1, 2017 through May 31, 2018. The Exchange will
                                                                                                          19 17 CFR 200.30–3(a)(12).                           announce the replacement issues to the Exchange’s
                                                should refer to File Number SR–DTC–                       1 15 U.S.C. 78s(b)(1).                               membership through a Trader Update.
                                                2018–005 and should be submitted on                       2 15 U.S.C. 78a.                                        6 15 U.S.C. 78f(b).
                                                or before July 20, 2018.                                  3 17 CFR 240.19b–4.                                     7 15 U.S.C. 78f(b)(5).




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Document Created: 2018-06-29 01:13:01
Document Modified: 2018-06-29 01:13:01
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 30806 

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