83_FR_46708 83 FR 46530 - Self-Regulatory Organizations; Fixed Income Clearing Corporation; Order Granting Approval of Proposed Rule Change To Correct Certain References and Provide Transparency to Existing Processes in the Mortgage-Backed Securities Division Electronic Pool Notification Rules

83 FR 46530 - Self-Regulatory Organizations; Fixed Income Clearing Corporation; Order Granting Approval of Proposed Rule Change To Correct Certain References and Provide Transparency to Existing Processes in the Mortgage-Backed Securities Division Electronic Pool Notification Rules

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 178 (September 13, 2018)

Page Range46530-46532
FR Document2018-19872

Federal Register, Volume 83 Issue 178 (Thursday, September 13, 2018)
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46530-46532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19872]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84057; File No. SR-FICC-2018-005]


Self-Regulatory Organizations; Fixed Income Clearing Corporation; 
Order Granting Approval of Proposed Rule Change To Correct Certain 
References and Provide Transparency to Existing Processes in the 
Mortgage-Backed Securities Division Electronic Pool Notification Rules

September 7, 2018.
    On July 13, 2018, Fixed Income Clearing Corporation (``FICC'') 
filed with the U.S. Securities and Exchange Commission (``Commission'') 
proposed rule change SR-FICC-2018-005 pursuant to Section 19(b)(1) of 
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder.\2\ The proposed rule change was published for comment in 
the Federal Register on July 26, 2018.\3\ The Commission did not 
receive any comment letters on the proposed rule change. For the 
reasons discussed below, the Commission approves the proposed rule 
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No.83682 (July 20, 2018), 83 
FR 35513 (July 26, 2018) (SR-FICC-2018-005) (``Notice'').
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I. Description of the Proposed Rule Change

    The proposed rule change would amend FICC's Mortgage-Backed 
Securities Division (``MSBD'') electronic pool notification (``EPN'') 
service (``EPN Service'') rules (``EPN Rules'').\4\
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    \4\ MBSD maintains two sets of rulebooks: The EPN Rules and the 
MSBD rules (``MBSD Rules''). Notice, 83 FR at 35513. The EPN Rules 
govern MBSD's EPN Service, while the MBSD Rules govern MBSD's 
clearance and settlement service. Id. The EPN Rules are available at 
http://www.dtcc.com/~/media/Files/Downloads/legal/rules/
ficc_mbsd_epnrules.pdf. The MBSD Rules are available at http://
www.dtcc.com/~/media/Files/Downloads/legal/rules/
ficc_mbsd_rules.pdf.
---------------------------------------------------------------------------

A. Background

    FICC states that the EPN Service provides an automated manner for 
market participants with an obligation to deliver pools of mortgages to 
transmit mortgage pool information efficiently and reliably to their 
counterparties in real time.\5\ Market participants that wish to use 
the EPN Service (i.e., become ``EPN Users'') are required to submit an 
application to MBSD.\6\ The application process and the use of the EPN 
Service are governed by the EPN Rules.\7\ MBSD's clearing members 
(``Clearing Members'') are required to be EPN Users; however, one can 
be an EPN User and not a Clearing Member.\8\
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    \5\ Notice, 83 FR at 33513. See also ``EPN Overview,'' available 
at http://www.dtcc.com/clearing-services/ficc-mbsd/epn.
    \6\ Notice, 83 FR at 33513.
    \7\ Id.
    \8\ Id.
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B. Proposed Amendments to the EPN Rules To Include an EPN User's 
Ongoing Reporting Obligations

    FICC proposes to amend the EPN Rules by adding a ``General 
Continuance Standards'' section. The proposed section would describe 
two existing MBSD practices with respect to reporting obligations of 
EPN Users.\9\ First, the proposed section would state that an EPN User 
shall promptly inform FICC, both orally and in writing, if such EPN 
User no longer complies with any of the EPN Rules' requirements for 
admission to membership.\10\ This notification must occur within two 
business days from the date on which the EPN User first learns of its 
non-compliance.\11\ Second, the proposed section would state that an 
EPN User shall notify FICC of certain investigations or proceedings. 
Specifically, an EPN User must notify FICC within two business days 
after learning (i) that the EPN User is or will become the subject of 
an investigation or a proceeding, and (ii) that said investigation or 
proceeding would cause the EPN User to fall out of compliance with any 
of the requirements for membership set forth in the EPN Rules.\12\ 
However, the EPN User would not be required to provide such a 
notification to FICC if doing so would cause the EPN User to violate an 
applicable law, rule, or regulation.\13\
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    \9\ Notice, 83 FR at 35514.
    \10\ These membership standards are set forth in EPN Rules, 
Article III, Rule 1, Sections 2-3, supra note 4.
    \11\ Notice, 83 FR at 35514. 
    \12\ Id.
    \13\ Id.
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C. Proposed Changes To Amend the EPN Rules To Define Circumstances 
Under Which FICC May Determine an EPN User's Compliance With EPN Rules

    The proposed ``General Continuance Standards'' section would 
identify when FICC may review an EPN User's access to the EPN Service. 
The proposed ``General Continuance Standards'' section also would 
identify when FICC may seek written assurances from EPN Users.
    First, the proposal would identify five circumstances when FICC 
would assess if an EPN User should retain access to the EPN Service: 
(i) If an EPN User experiences a Reportable Event; \14\ (ii) if an EPN 
User fails to maintain the requirements for admission to membership; 
\15\ (iii) if an EPN User violates any EPN Rule or other agreement with 
FICC; (iv) if an EPN User fails to satisfy any obligation to FICC in a 
timely manner; or (v) if FICC otherwise deems it necessary or 
advisable, in order to protect FICC, its other EPN Users, or its 
creditors or investors, to safeguard securities and funds in the 
custody or control of FICC, or to promote the prompt and accurate 
processing, clearance or settlement of securities transactions.\16\
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    \14\ As part of the proposal, FICC would include ``Reportable 
Event'' as a new defined term in the ``Definitions and General 
Provisions'' section of the EPN Rules. ``Reportable Event'' would be 
defined as ``an event that would effect a change in control of an 
EPN User or could have a substantial impact on such EPN User's 
business and/or financial condition, including, but not limited to: 
(a) Material organizational changes including mergers, acquisitions, 
changes in corporate form, name changes, changes in the ownership of 
an EPN User or its affiliates, and material changes in management; 
and (b) status as a defendant in litigation, which could reasonably 
impact the EPN User's financial condition or ability to conduct 
business.'' Id. Distinct from any other notification obligations, an 
EPN User would be required to submit to FICC written notice of any 
Reportable Event at least 90 calendar days prior to the effective 
date of such Reportable Event unless the EPN User demonstrates that 
(i) the EPN User could not have reasonably done so, and (ii) the EPN 
User provided written notice and oral notice to FICC as soon as 
possible. Id.
    \15\ Such requirements may include, but are not limited to, 
operational testing and related reporting requirements that FICC may 
imposed from time to time. Notice, 83 FR at 35514. 
    \16\ Id.
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    Second, the proposed ``General Continuance Standards'' section 
would state that FICC may require an EPN User to provide written 
assurances to FICC.\17\ The proposal would authorize FICC to require 
written assurances from an EPN User if FICC has reason to believe that 
an EPN User may fail to comply with any of the EPN Rules.\18\ 
Specifically, FICC could require an EPN User to

[[Page 46531]]

provide written assurances of a credible nature that the EPN User shall 
not violate any of the EPN Rules.\19\ These written assurances could 
take the specific format of, but would not be limited to such specific 
formats, notarized statements, affidavits, and/or officers' 
certificates.\20\
---------------------------------------------------------------------------

    \17\ Id.
    \18\ Id.
    \19\ FICC has discretion to request that the EPN User's written 
assurance references specific timeframes and details. Id.
    \20\ Id.
---------------------------------------------------------------------------

D. Proposed Clarifying Changes to the EPN Rules

    FICC also proposes clarifying corrections to the EPN Rules. 
Specifically, the proposal would replace references to ``FICC'' with 
``the Corporation'' in the section entitled ``FICC Mortgage-Backed 
Securities Division (`MBSD') EPN Schedule of Charges.'' \21\ FICC 
states that it proposes this change because ``FICC'' is not a term that 
is defined in the EPN Rules.\22\ In addition, FICC proposes to replace 
the reference to ``The Depository Trust Corporation'' with ``The 
Depository Trust & Clearing Corporation,'' which FICC states is an 
erroneous reference.\23\ Additionally, FICC states that to accommodate 
the introduction of the new ``General Continuance Standards'' section, 
FICC proposes to change the numbering of the existing 
``Confidentiality'' provision in EPN Rule 1 (Requirements Applicable to 
EPN Users) of Article III (EPN Users) from ``Sec. 8'' to ``Sec. 9.'' 
\24\
---------------------------------------------------------------------------

    \21\ Notice, 83 FR at 35513.
    \22\ Id.
    \23\ Id.
    \24\ Notice, 83 FR at 35514.
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II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \25\ directs the Commission to 
approve a proposed rule change of a self-regulatory organization if it 
finds that such proposed rule change is consistent with the 
requirements of the Act and rules and regulations thereunder applicable 
to such organization. The Commission believes the proposal is 
consistent with the Act, specifically Section 17A(b)(3)(F) of the Act, 
Rule 17Ad-22(e)(18) under the Act, and Rule 17Ad-22(e)(23)(i) under the 
Act, as discussed below.\26\
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    \25\ 15 U.S.C. 78s(b)(2)(C).
    \26\ 15 U.S.C. 78q-1(b)(3)(F); 17 CFR 240.17Ad-22(20).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F)

    Section 17A(b)(3)(F) of the Act \27\ requires, inter alia, that the 
rules of the clearing agency be designed to promote the prompt and 
accurate clearance and settlement of securities transactions.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, FICC proposes to make three changes to the EPN 
Rules. First, FICC proposes to add ongoing reporting obligations on EPN 
Users. These obligations would require an EPN User to notify FICC 
within two business days after the EPN User has, or could, fail to 
comply with EPN Service membership requirements. The Commission 
believes that codifying an affirmative duty to notify FICC would afford 
FICC a better opportunity to take timely action, once notified, to 
preserve the EPN Service's functionality, as FICC deemed necessary. By 
providing additional means to preserve the functionality of the EPN 
Service--a critical component of MBSD's settlement of mortgage-backed 
securities--the proposal is designed to promote the prompt and accurate 
clearance and settlement of such securities transactions.
    Second, as described above, the proposal would identify 
circumstances when FICC could reassess an EPN User's access to the EPN 
Service. By including a ``Reportable Event,'' as defined by the 
proposal, as one of these circumstances, the proposal would allow FICC 
to review an EPN User's fitness after learning (i) of an EPN User's 
significant corporate event or (ii) an EPN User becoming the subject of 
an investigation or proceeding. The proposal also would allow FICC to 
require an EPN User to provide written assurances that the EPN User 
remains in compliance with the EPN Rules. The Commission believes that 
these proposed changes would codify existing practices that help ensure 
that FICC can, on its own accord, determine if an EPN User's access to 
the EPN Service should be reassessed due to possible threats to the EPN 
Service's functionality. By enabling FICC to better protect the EPN 
Service, which is essential for MBSD's settlement of mortgage-backed 
securities, the proposal is designed to promote the prompt and accurate 
clearance and settlement of such securities transactions.
    Third, as described above, FICC proposes clarifying changes to the 
EPN Rules. The proposed corrections to references in the ``EPN Schedule 
of Charges'' and ``Requirements Applicable to EPN Users'' sections of 
the EPN Rules would help clarify the EPN Rules for EPN Users. 
Similarly, FICC's renumbering of the Rules to accommodate the proposed 
``General Continuance Standards'' also would help maintain the clarity 
of the EPN Rules for EPN Users. By proposing changes to the EPN Rules 
to improve clarity, the Commission believes that the proposed changes 
are designed to help EPN Users better understand and remain compliant 
with the EPN Rules; thus promoting the prompt and accurate clearance 
and settlement of securities transactions.
    As each of the aforementioned changes is designed to promote the 
prompt and accurate clearance and settlement of securities 
transactions, the Commission finds that the proposal is consistent with 
the requirements of Section 17A(b)(3)(F).

B. Consistency With Rule 17Ad-22(e)(18)

    Rule 17Ad-22(e)(18) under the Act requires, inter alia, a covered 
clearing agency \28\ to establish, implement, maintain and enforce 
written policies and procedures reasonably designed to monitor 
compliance with participation requirements on an ongoing basis.\29\
---------------------------------------------------------------------------

    \28\ A ``covered clearing agency'' means, among other things, a 
clearing agency registered with the Commission under Section 17A of 
the Exchange Act (15 U.S.C. 78q-1 et seq.) that is designated 
systemically important by the Financial Stability Oversight Counsel 
(``FSOC'') pursuant to the Payment, Clearing, and Settlement 
Supervision Act of 2010 (12 U.S.C. 5461 et seq.). See 17 CFR 
240.17Ad-22(a)(5)-(6). On July 18, 2012, FSOC designated FICC as 
systemically important. U.S. Department of the Treasury, ``FSOC 
Makes First Designations in Effort to Protect Against Future 
Financial Crises,'' available at https://www.treasury.gov/press-center/press-releases/Pages/tg1645.asp. Therefore, FICC is a covered 
clearing agency.
    \29\ 17 CFR 240.17Ad-22(e)(18).
---------------------------------------------------------------------------

    As described above, FICC proposes to amend the EPN Rules to (1) 
include an EPN User's ongoing reporting obligations, and (2) define 
circumstances under which FICC may determine an EPN User's compliance 
with the EPN Rules. The Commission believes that these changes would 
help ensure that FICC is promptly made aware of the potential need to 
reassess an EPN User's access to the EPN Service due to the EPN User's 
possible violation of the EPN Rules. As such, the proposed changes are 
designed to give FICC the ability to timely monitor an EPN User's 
compliance with the EPN Rules. Therefore, the Commission finds that 
proposed changes are consistent with Rule 17Ad-22(e)(18).

C. Consistency With Rule 17Ad-22(e)(23)

    Rule 17Ad-22(e)(23) under the Act requires, inter alia, a covered 
clearing agency to establish, implement, maintain and enforce written 
policies and procedures reasonably designed to provide for publicly 
disclosing all

[[Page 46532]]

relevant rules and material procedures.\30\
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    \30\ 17 CFR 240.17Ad-22(e)(23)(i).
---------------------------------------------------------------------------

    As described above, the proposed rule changes would amend the EPN 
Rules to reflect existing FICC practices. Specifically, the proposed 
changes would (1) include an EPN User's ongoing reporting obligations, 
(2) define circumstances under which FICC may determine an EPN User's 
compliance with the EPN Rules, and (3) make corrections to the EPN 
Rules for clarity. As such, the Commission believes these proposed 
changes to codify and correct FICC's existing practices in the EPN 
Rules would assist in publicly disclosing all relevant and material 
procedures regarding the EPN Service.
    Therefore, the Commission finds that the proposal is designed to 
provide for publicly disclosing all relevant rules and material 
procedures, consistent Rule 17Ad-22(e)(23)(i) under the Act.

III. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act, in particular 
the requirements of Section 17A of the Act \31\ and the rules and 
regulations thereunder.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act, 
that proposed rule change SR-FICC-2018-005 be, and hereby is, 
approved.\32\
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    \32\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-19872 Filed 9-12-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               46530                    Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices

                                               under the PRA unless it displays a                      A. Background                                         C. Proposed Changes To Amend the
                                               currently valid OMB control number.                                                                           EPN Rules To Define Circumstances
                                                 Please direct your written comments                      FICC states that the EPN Service                   Under Which FICC May Determine an
                                               to: Pamela Dyson, Director/Chief                        provides an automated manner for                      EPN User’s Compliance With EPN Rules
                                               Information Officer, Securities and                     market participants with an obligation
                                                                                                                                                                The proposed ‘‘General Continuance
                                               Exchange Commission, c/o Candace                        to deliver pools of mortgages to transmit
                                                                                                                                                             Standards’’ section would identify when
                                               Kenner, 100 F Street NE, Washington                     mortgage pool information efficiently
                                                                                                                                                             FICC may review an EPN User’s access
                                               DC 20549 or send an email to: PRA_                      and reliably to their counterparties in               to the EPN Service. The proposed
                                               Mailbox@sec.gov.                                        real time.5 Market participants that wish             ‘‘General Continuance Standards’’
                                                 Dated: September 7, 2018.                             to use the EPN Service (i.e., become                  section also would identify when FICC
                                               Eduardo A. Aleman,                                      ‘‘EPN Users’’) are required to submit an              may seek written assurances from EPN
                                               Assistant Secretary.                                    application to MBSD.6 The application                 Users.
                                                                                                       process and the use of the EPN Service                   First, the proposal would identify five
                                               [FR Doc. 2018–19882 Filed 9–12–18; 8:45 am]
                                                                                                       are governed by the EPN Rules.7                       circumstances when FICC would assess
                                               BILLING CODE 8011–01–P
                                                                                                       MBSD’s clearing members (‘‘Clearing                   if an EPN User should retain access to
                                                                                                       Members’’) are required to be EPN                     the EPN Service: (i) If an EPN User
                                               SECURITIES AND EXCHANGE                                 Users; however, one can be an EPN User                experiences a Reportable Event; 14 (ii) if
                                               COMMISSION                                              and not a Clearing Member.8                           an EPN User fails to maintain the
                                                                                                                                                             requirements for admission to
                                               [Release No. 34–84057; File No. SR–FICC–                B. Proposed Amendments to the EPN
                                                                                                                                                             membership; 15 (iii) if an EPN User
                                               2018–005]                                               Rules To Include an EPN User’s                        violates any EPN Rule or other
                                                                                                       Ongoing Reporting Obligations                         agreement with FICC; (iv) if an EPN
                                               Self-Regulatory Organizations; Fixed
                                               Income Clearing Corporation; Order                        FICC proposes to amend the EPN                      User fails to satisfy any obligation to
                                               Granting Approval of Proposed Rule                      Rules by adding a ‘‘General Continuance               FICC in a timely manner; or (v) if FICC
                                               Change To Correct Certain References                    Standards’’ section. The proposed                     otherwise deems it necessary or
                                               and Provide Transparency to Existing                    section would describe two existing                   advisable, in order to protect FICC, its
                                               Processes in the Mortgage-Backed                        MBSD practices with respect to                        other EPN Users, or its creditors or
                                               Securities Division Electronic Pool                     reporting obligations of EPN Users.9                  investors, to safeguard securities and
                                               Notification Rules                                                                                            funds in the custody or control of FICC,
                                                                                                       First, the proposed section would state
                                                                                                                                                             or to promote the prompt and accurate
                                                                                                       that an EPN User shall promptly inform
                                               September 7, 2018.                                                                                            processing, clearance or settlement of
                                                                                                       FICC, both orally and in writing, if such
                                                  On July 13, 2018, Fixed Income                                                                             securities transactions.16
                                                                                                       EPN User no longer complies with any                     Second, the proposed ‘‘General
                                               Clearing Corporation (‘‘FICC’’) filed
                                                                                                       of the EPN Rules’ requirements for                    Continuance Standards’’ section would
                                               with the U.S. Securities and Exchange
                                                                                                       admission to membership.10 This                       state that FICC may require an EPN User
                                               Commission (‘‘Commission’’) proposed
                                               rule change SR–FICC–2018–005                            notification must occur within two                    to provide written assurances to FICC.17
                                               pursuant to Section 19(b)(1) of the                     business days from the date on which                  The proposal would authorize FICC to
                                               Securities Exchange Act of 1934                         the EPN User first learns of its non-                 require written assurances from an EPN
                                               (‘‘Act’’) 1 and Rule 19b–4 thereunder.2                 compliance.11 Second, the proposed                    User if FICC has reason to believe that
                                               The proposed rule change was                            section would state that an EPN User                  an EPN User may fail to comply with
                                               published for comment in the Federal                    shall notify FICC of certain                          any of the EPN Rules.18 Specifically,
                                               Register on July 26, 2018.3 The                         investigations or proceedings.                        FICC could require an EPN User to
                                               Commission did not receive any                          Specifically, an EPN User must notify
                                               comment letters on the proposed rule                    FICC within two business days after                      14 As part of the proposal, FICC would include

                                               change. For the reasons discussed                       learning (i) that the EPN User is or will             ‘‘Reportable Event’’ as a new defined term in the
                                                                                                       become the subject of an investigation                ‘‘Definitions and General Provisions’’ section of the
                                               below, the Commission approves the                                                                            EPN Rules. ‘‘Reportable Event’’ would be defined as
                                               proposed rule change.                                   or a proceeding, and (ii) that said                   ‘‘an event that would effect a change in control of
                                                                                                       investigation or proceeding would cause               an EPN User or could have a substantial impact on
                                               I. Description of the Proposed Rule                     the EPN User to fall out of compliance                such EPN User’s business and/or financial
                                               Change                                                  with any of the requirements for                      condition, including, but not limited to: (a) Material
                                                                                                                                                             organizational changes including mergers,
                                                  The proposed rule change would                       membership set forth in the EPN                       acquisitions, changes in corporate form, name
                                               amend FICC’s Mortgage-Backed                            Rules.12 However, the EPN User would                  changes, changes in the ownership of an EPN User
                                               Securities Division (‘‘MSBD’’) electronic               not be required to provide such a                     or its affiliates, and material changes in
                                                                                                       notification to FICC if doing so would                management; and (b) status as a defendant in
                                               pool notification (‘‘EPN’’) service (‘‘EPN                                                                    litigation, which could reasonably impact the EPN
                                               Service’’) rules (‘‘EPN Rules’’).4                      cause the EPN User to violate an                      User’s financial condition or ability to conduct
                                                                                                       applicable law, rule, or regulation.13                business.’’ Id. Distinct from any other notification
                                                 1 15 U.S.C. 78s(b)(1).                                                                                      obligations, an EPN User would be required to
                                                 2 17 CFR 240.19b–4.                                     5 Notice, 83 FR at 33513. See also ‘‘EPN            submit to FICC written notice of any Reportable
                                                 3 Securities Exchange Act Release No.83682 (July                                                            Event at least 90 calendar days prior to the effective
                                                                                                       Overview,’’ available at http://www.dtcc.com/
                                               20, 2018), 83 FR 35513 (July 26, 2018) (SR–FICC–                                                              date of such Reportable Event unless the EPN User
                                                                                                       clearing-services/ficc-mbsd/epn.
                                               2018–005) (‘‘Notice’’).                                   6 Notice, 83 FR at 33513.
                                                                                                                                                             demonstrates that (i) the EPN User could not have
                                                 4 MBSD maintains two sets of rulebooks: The EPN                                                             reasonably done so, and (ii) the EPN User provided
                                                                                                         7 Id.
                                                                                                                                                             written notice and oral notice to FICC as soon as
daltland on DSKBBV9HB2PROD with NOTICES




                                               Rules and the MSBD rules (‘‘MBSD Rules’’). Notice,        8 Id.
                                                                                                                                                             possible. Id.
                                               83 FR at 35513. The EPN Rules govern MBSD’s EPN           9 Notice, 83 FR at 35514.                              15 Such requirements may include, but are not
                                               Service, while the MBSD Rules govern MBSD’s               10 These membership standards are set forth in
                                               clearance and settlement service. Id. The EPN Rules                                                           limited to, operational testing and related reporting
                                               are available at http://www.dtcc.com/∼/media/Files/     EPN Rules, Article III, Rule 1, Sections 2–3, supra   requirements that FICC may imposed from time to
                                               Downloads/legal/rules/ficc_mbsd_epnrules.pdf.           note 4.                                               time. Notice, 83 FR at 35514.
                                                                                                         11 Notice, 83 FR at 35514.                             16 Id.
                                               The MBSD Rules are available at http://
                                                                                                         12 Id.                                                 17 Id.
                                               www.dtcc.com/∼/media/Files/Downloads/legal/
                                               rules/ficc_mbsd_rules.pdf.                                13 Id.                                                 18 Id.




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                                                                        Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices                                                   46531

                                               provide written assurances of a credible                the prompt and accurate clearance and                 clarity, the Commission believes that
                                               nature that the EPN User shall not                      settlement of securities transactions.                the proposed changes are designed to
                                               violate any of the EPN Rules.19 These                      As described above, FICC proposes to               help EPN Users better understand and
                                               written assurances could take the                       make three changes to the EPN Rules.                  remain compliant with the EPN Rules;
                                               specific format of, but would not be                    First, FICC proposes to add ongoing                   thus promoting the prompt and accurate
                                               limited to such specific formats,                       reporting obligations on EPN Users.                   clearance and settlement of securities
                                               notarized statements, affidavits, and/or                These obligations would require an EPN                transactions.
                                               officers’ certificates.20                               User to notify FICC within two business
                                                                                                                                                                As each of the aforementioned
                                                                                                       days after the EPN User has, or could,
                                               D. Proposed Clarifying Changes to the                                                                         changes is designed to promote the
                                                                                                       fail to comply with EPN Service
                                               EPN Rules                                                                                                     prompt and accurate clearance and
                                                                                                       membership requirements. The
                                                  FICC also proposes clarifying                                                                              settlement of securities transactions, the
                                                                                                       Commission believes that codifying an
                                               corrections to the EPN Rules.                                                                                 Commission finds that the proposal is
                                                                                                       affirmative duty to notify FICC would
                                               Specifically, the proposal would replace                                                                      consistent with the requirements of
                                                                                                       afford FICC a better opportunity to take
                                               references to ‘‘FICC’’ with ‘‘the                                                                             Section 17A(b)(3)(F).
                                                                                                       timely action, once notified, to preserve
                                               Corporation’’ in the section entitled                   the EPN Service’s functionality, as FICC              B. Consistency With Rule 17Ad–
                                               ‘‘FICC Mortgage-Backed Securities                       deemed necessary. By providing                        22(e)(18)
                                               Division (‘MBSD’) EPN Schedule of                       additional means to preserve the
                                               Charges.’’ 21 FICC states that it proposes              functionality of the EPN Service—a                      Rule 17Ad–22(e)(18) under the Act
                                               this change because ‘‘FICC’’ is not a                   critical component of MBSD’s                          requires, inter alia, a covered clearing
                                               term that is defined in the EPN Rules.22                settlement of mortgage-backed                         agency 28 to establish, implement,
                                               In addition, FICC proposes to replace                   securities—the proposal is designed to                maintain and enforce written policies
                                               the reference to ‘‘The Depository Trust                 promote the prompt and accurate                       and procedures reasonably designed to
                                               Corporation’’ with ‘‘The Depository                     clearance and settlement of such                      monitor compliance with participation
                                               Trust & Clearing Corporation,’’ which                   securities transactions.                              requirements on an ongoing basis.29
                                               FICC states is an erroneous reference.23                   Second, as described above, the                      As described above, FICC proposes to
                                               Additionally, FICC states that to                       proposal would identify circumstances                 amend the EPN Rules to (1) include an
                                               accommodate the introduction of the                     when FICC could reassess an EPN                       EPN User’s ongoing reporting
                                               new ‘‘General Continuance Standards’’                   User’s access to the EPN Service. By                  obligations, and (2) define
                                               section, FICC proposes to change the                    including a ‘‘Reportable Event,’’ as                  circumstances under which FICC may
                                               numbering of the existing                               defined by the proposal, as one of these              determine an EPN User’s compliance
                                               ‘‘Confidentiality’’ provision in EPN Rule               circumstances, the proposal would                     with the EPN Rules. The Commission
                                               1 (Requirements Applicable to EPN                       allow FICC to review an EPN User’s                    believes that these changes would help
                                               Users) of Article III (EPN Users) from                  fitness after learning (i) of an EPN User’s           ensure that FICC is promptly made
                                               ‘‘Sec. 8’’ to ‘‘Sec. 9.’’ 24                            significant corporate event or (ii) an                aware of the potential need to reassess
                                                                                                       EPN User becoming the subject of an                   an EPN User’s access to the EPN Service
                                               II. Discussion and Commission
                                                                                                       investigation or proceeding. The                      due to the EPN User’s possible violation
                                               Findings
                                                                                                       proposal also would allow FICC to                     of the EPN Rules. As such, the proposed
                                                  Section 19(b)(2)(C) of the Act 25                    require an EPN User to provide written
                                               directs the Commission to approve a                                                                           changes are designed to give FICC the
                                                                                                       assurances that the EPN User remains in               ability to timely monitor an EPN User’s
                                               proposed rule change of a self-                         compliance with the EPN Rules. The
                                               regulatory organization if it finds that                                                                      compliance with the EPN Rules.
                                                                                                       Commission believes that these
                                               such proposed rule change is consistent                                                                       Therefore, the Commission finds that
                                                                                                       proposed changes would codify existing
                                               with the requirements of the Act and                                                                          proposed changes are consistent with
                                                                                                       practices that help ensure that FICC can,
                                               rules and regulations thereunder                                                                              Rule 17Ad–22(e)(18).
                                                                                                       on its own accord, determine if an EPN
                                               applicable to such organization. The                    User’s access to the EPN Service should               C. Consistency With Rule 17Ad–
                                               Commission believes the proposal is                     be reassessed due to possible threats to              22(e)(23)
                                               consistent with the Act, specifically                   the EPN Service’s functionality. By
                                               Section 17A(b)(3)(F) of the Act, Rule                   enabling FICC to better protect the EPN                 Rule 17Ad–22(e)(23) under the Act
                                               17Ad–22(e)(18) under the Act, and Rule                  Service, which is essential for MBSD’s                requires, inter alia, a covered clearing
                                               17Ad–22(e)(23)(i) under the Act, as                     settlement of mortgage-backed                         agency to establish, implement,
                                               discussed below.26                                      securities, the proposal is designed to               maintain and enforce written policies
                                               A. Consistency With Section                             promote the prompt and accurate                       and procedures reasonably designed to
                                               17A(b)(3)(F)                                            clearance and settlement of such                      provide for publicly disclosing all
                                                                                                       securities transactions.
                                                 Section 17A(b)(3)(F) of the Act 27                       Third, as described above, FICC                      28 A ‘‘covered clearing agency’’ means, among
                                               requires, inter alia, that the rules of the             proposes clarifying changes to the EPN                other things, a clearing agency registered with the
                                               clearing agency be designed to promote                  Rules. The proposed corrections to                    Commission under Section 17A of the Exchange
                                                                                                                                                             Act (15 U.S.C. 78q–1 et seq.) that is designated
                                                 19 FICC has discretion to request that the EPN
                                                                                                       references in the ‘‘EPN Schedule of                   systemically important by the Financial Stability
                                               User’s written assurance references specific
                                                                                                       Charges’’ and ‘‘Requirements Applicable               Oversight Counsel (‘‘FSOC’’) pursuant to the
                                               timeframes and details. Id.                             to EPN Users’’ sections of the EPN Rules              Payment, Clearing, and Settlement Supervision Act
                                                 20 Id.                                                would help clarify the EPN Rules for                  of 2010 (12 U.S.C. 5461 et seq.). See 17 CFR
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                                                                                                                                                             240.17Ad–22(a)(5)–(6). On July 18, 2012, FSOC
                                                 21 Notice, 83 FR at 35513.
                                                                                                       EPN Users. Similarly, FICC’s                          designated FICC as systemically important. U.S.
                                                 22 Id.
                                                                                                       renumbering of the Rules to                           Department of the Treasury, ‘‘FSOC Makes First
                                                 23 Id.
                                                 24 Notice, 83 FR at 35514.
                                                                                                       accommodate the proposed ‘‘General                    Designations in Effort to Protect Against Future
                                                                                                       Continuance Standards’’ also would                    Financial Crises,’’ available at https://
                                                 25 15 U.S.C. 78s(b)(2)(C).                                                                                  www.treasury.gov/press-center/press-releases/
                                                 26 15 U.S.C. 78q–1(b)(3)(F); 17 CFR 240.17Ad–         help maintain the clarity of the EPN                  Pages/tg1645.asp. Therefore, FICC is a covered
                                               22(20).                                                 Rules for EPN Users. By proposing                     clearing agency.
                                                 27 15 U.S.C. 78q–1(b)(3)(F).                          changes to the EPN Rules to improve                     29 17 CFR 240.17Ad–22(e)(18).




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                                               46532                     Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices

                                               relevant rules and material                               Incident: Flooding.                                 SMALL BUSINESS ADMINISTRATION
                                               procedures.30                                             Incident Period: 04/12/2018 through
                                                 As described above, the proposed rule                 05/06/2018.                                           [Disaster Declaration #15684 and #15685;
                                               changes would amend the EPN Rules to                                                                          Havasupai Tribe Disaster Number AZ–
                                               reflect existing FICC practices.                        DATES: Issued on 08/30/2018.                          00056]
                                               Specifically, the proposed changes                        Physical Loan Application Deadline
                                               would (1) include an EPN User’s                         Date: 10/29/2018.                                     Presidential Declaration of a Major
                                               ongoing reporting obligations, (2) define                                                                     Disaster for Public Assistance Only for
                                               circumstances under which FICC may                        Economic Injury (EIDL) Loan                         the Havasupai Tribe
                                               determine an EPN User’s compliance                      Application Deadline Date: 05/30/2019.
                                               with the EPN Rules, and (3) make                                                                              AGENCY: U.S. Small Business
                                                                                                       ADDRESSES:  Submit completed loan                     Administration.
                                               corrections to the EPN Rules for clarity.               applications to: U.S. Small Business
                                               As such, the Commission believes these                                                                        ACTION: Notice.
                                                                                                       Administration, Processing and
                                               proposed changes to codify and correct                  Disbursement Center, 14925 Kingsport                  SUMMARY:        This is a Notice of the
                                               FICC’s existing practices in the EPN                    Road, Fort Worth, TX 76155.                               Presidential declaration of a major
                                               Rules would assist in publicly
                                                                                                       FOR FURTHER INFORMATION CONTACT: A.                       disaster for Public Assistance Only for
                                               disclosing all relevant and material
                                                                                                       Escobar, Office of Disaster Assistance,                   the Havasupai Tribe (FEMA—4389—
                                               procedures regarding the EPN Service.
                                                                                                       U.S. Small Business Administration,                       DR), dated 08/31/2018.
                                                 Therefore, the Commission finds that
                                                                                                       409 3rd Street SW, Suite 6050,                               Incident: Severe Storms, Flooding,
                                               the proposal is designed to provide for
                                                                                                                                                                 and Landslides.
                                               publicly disclosing all relevant rules                  Washington, DC 20416, (202) 205–6734.
                                                                                                                                                                    Incident Period: 07/11/2018 through
                                               and material procedures, consistent
                                                                                                       SUPPLEMENTARY INFORMATION: Notice is                      07/12/2018.
                                               Rule 17Ad–22(e)(23)(i) under the Act.
                                                                                                       hereby given that as a result of the                      DATES: Issued on 08/31/2018.
                                               III. Conclusion                                         President’s major disaster declaration on                    Physical Loan Application Deadline
                                                 On the basis of the foregoing, the                    08/30/2018, Private Non-Profit                            Date: 10/30/2018.
                                               Commission finds that the proposal is                   organizations that provide essential                         Economic Injury (EIDL) Loan
                                               consistent with the requirements of the                 services of a governmental nature may                     Application Deadline Date: 05/31/2019.
                                               Act, in particular the requirements of                  file disaster loan applications at the                    ADDRESSES: Submit completed loan
                                               Section 17A of the Act 31 and the rules                 address listed above or other locally                     applications to: U.S. Small Business
                                               and regulations thereunder.                             announced locations.                                      Administration, Processing and
                                                 It is therefore ordered, pursuant to                     The following areas have been                          Disbursement Center, 14925 Kingsport
                                               Section 19(b)(2) of the Act, that                       determined to be adversely affected by                    Road, Fort Worth, TX 76155.
                                               proposed rule change SR–FICC–2018–                      the disaster:                                             FOR FURTHER INFORMATION CONTACT: A.
                                               005 be, and hereby is, approved.32                                                                                Escobar, Office of Disaster Assistance,
                                                                                                       Primary Counties: Blaine, Hill, Liberty,                  U.S. Small Business Administration,
                                                 For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated                   Pondera, Toole, Valley.                              409 3rd Street SW, Suite 6050,
                                               authority.33                                               The Interest Rates are:                                Washington, DC 20416, (202) 205–6734.
                                               Eduardo A. Aleman,                                                                                                SUPPLEMENTARY INFORMATION: Notice is
                                               Assistant Secretary.                                                                                     Percent  hereby given that as a result of the
                                               [FR Doc. 2018–19872 Filed 9–12–18; 8:45 am]                                                                       President’s major disaster declaration on
                                                                                                       For Physical Damage:
                                               BILLING CODE 8011–01–P                                                                                            08/31/2018, Private Non-Profit
                                                                                                          Non-Profit Organizations with
                                                                                                                                                                 organizations that provide essential
                                                                                                            Credit Available Elsewhere ...                 2.500
                                                                                                          Non-Profit Organizations with-
                                                                                                                                                                 services of a governmental nature may
                                               SMALL BUSINESS ADMINISTRATION                                out Credit Available Else-                           file disaster loan applications at the
                                               [Disaster Declaration #15680 and #15681;                     where .....................................    2.500 address listed above or other locally
                                                                                                       For Economic Injury:                                      announced locations.
                                               Montana Disaster Number MT–00116]
                                                                                                          Non-Profit Organizations with-                            The following areas have been
                                               Presidential Declaration of a Major                          out Credit Available Else-                           determined to be adversely affected by
                                               Disaster for Public Assistance Only for                      where .....................................    2.500 the disaster:
                                               the State of Montana                                                                                              Primary Area: Havasupai Tribe
                                                                                                          The number assigned to this disaster                      The Interest Rates are:
                                               AGENCY: U.S. Small Business                             for physical damage is 156806 and for
                                               Administration.                                         economic injury is 156810.                                                                    Percent
                                               ACTION: Notice.
                                                                                                       (Catalog of Federal Domestic Assistance               For Physical Damage:
                                               SUMMARY:   This is a Notice of the                      Number 59008)                                           Non-Profit Organizations with
                                               Presidential declaration of a major                                                                               Credit Available Elsewhere ...                2.500
                                                                                                       James Rivera,                                           Non-Profit Organizations with-
                                               disaster for Public Assistance Only for
                                                                                                       Associate Administrator for Disaster                      out Credit Available Else-
                                               the State of Montana (FEMA–4388–DR),
                                                                                                       Assistance.                                               where .....................................   2.500
                                               dated 08/30/2018.                                                                                             For Economic Injury:
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                                                                                                       [FR Doc. 2018–19937 Filed 9–12–18; 8:45 am]
                                                                                                                                                               Non-Profit Organizations with-
                                                 30 17  CFR 240.17Ad–22(e)(23)(i).                     BILLING CODE 8025–01–P
                                                                                                                                                                 out Credit Available Else-
                                                 31 15  U.S.C. 78q–1.                                                                                            where .....................................   2.500
                                                  32 In approving the proposed rule change, the

                                               Commission considered the proposal’s impact on
                                               efficiency, competition, and capital formation. 15                                                              The number assigned to this disaster
                                               U.S.C. 78c(f).                                                                                                for physical damage is 156846 and for
                                                  33 17 CFR 200.30–3(a)(12).                                                                                 economic injury is 156850.


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Document Created: 2018-09-13 01:01:37
Document Modified: 2018-09-13 01:01:37
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 46530 

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