83_FR_59653 83 FR 59427 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Enhance the Mutual Fund Profile Service To Provide for the Transmission of Event Notifications Through a New Feature Called MF Info Xchange

83 FR 59427 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Enhance the Mutual Fund Profile Service To Provide for the Transmission of Event Notifications Through a New Feature Called MF Info Xchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 226 (November 23, 2018)

Page Range59427-59429
FR Document2018-25468

Federal Register, Volume 83 Issue 226 (Friday, November 23, 2018)
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59427-59429]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25468]



[[Page 59427]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84611; File No. SR-NSCC-2018-010]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of a Proposed 
Rule Change To Enhance the Mutual Fund Profile Service To Provide for 
the Transmission of Event Notifications Through a New Feature Called MF 
Info Xchange

November 16, 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 November 13, 2018, National Securities Clearing Corporation 
(``NSCC'') 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. 
NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A) of 
the Act \3\ and Rule 19b-4(f)(4) thereunder.\4\ The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change consists of modifications to NSCC's Rules 
& Procedures (``Rules'') in order to reflect proposed enhancements to 
NSCC's Mutual Fund Services.\5\ The proposed rule change would enhance 
the Mutual Fund Profile Service (``MFPS'') \6\ of NSCC to provide for 
the delivery and receipt of event notifications relating to funds and 
pooled investment entities through a new feature called MF Info 
Xchange, as described in greater detail below.
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    \5\ Capitalized terms used herein and not otherwise defined 
shall have the meaning assigned to such terms in the Rules, 
available at http://dtcc.com/~/media/Files/Downloads/legal/rules/
nscc_rules.pdf.
    \6\ Section D of Rule 52, supra note 5.
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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 modifications to the Rules in 
order to reflect proposed enhancements to NSCC's Mutual Fund Services. 
The proposed rule change would enhance MFPS to provide for the delivery 
and receipt of event notifications relating to funds and pooled 
investment entities through a new feature called MF Info Xchange, as 
described in greater detail below.
(i) Background
    In 1996, NSCC launched MFPS, providing participating Members with 
an automated method of transmitting and receiving daily price and rate 
information pertaining to funds and other pooled investment entities 
(collectively referred hereto as ``Funds'') through a centralized and 
standardized facility.\7\ In 1998, NSCC implemented three new databases 
as part of MFPS, (i) the participant profile database, (ii) the 
security issue profile database and (iii) the distribution declaration 
information profile database,\8\ through which NSCC offers the Funds 
industry a centralized repository for prospectus and operational 
information relating to Fund securities, Fund distributions and Fund 
processing capabilities.
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    \7\ Securities Exchange Act Release No. 37171 (May 8, 1996), 61 
FR 24343 (May 14, 1996) (SR-NSCC-1996-04).
    \8\ Securities Exchange Act Release No. 40614 (October 28, 
1998), 63 FR 59615 (November 4, 1998) (SR-NSCC-1998-09).
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    MF Info Xchange would be a new feature of MFPS that would 
facilitate communication of event notifications among Funds, their 
principal underwriters or other entities authorized to process 
transactions on behalf of Funds, that are Members, Mutual Fund/
Insurance Services Members, Investment Manager/Agent Members, TPP 
Members, TPA Members, Data Services Only Members and Fund Members 
(``data providers''), on the one hand, and the distribution partners of 
the Funds, such as broker-dealers and banks that are NSCC Members \9\ 
and other third parties identified by the data providers to receive 
event notifications (``data receivers''), on the other hand. On a daily 
basis, data providers and data receivers exchange a number of event 
notifications via email, fax and phone call outside of NSCC relating to 
events affecting the Funds. Such event notifications include corporate 
actions, such as Fund name changes, mergers, acquisitions and closures, 
and other events, such as expense ratio changes and benchmark changes. 
These event notifications are not standardized across the industry, and 
data receivers do not currently have an efficient standardized method 
to view and manage past and upcoming Fund events.
---------------------------------------------------------------------------

    \9\ For purposes of this filing, ``NSCC Members'' shall mean 
Members and Limited Members.
---------------------------------------------------------------------------

    The mutual fund industry has requested that NSCC deliver a data 
sharing solution for participants in the Fund industry to exchange such 
event notifications, and create standardization to the event 
notification process. The current event notification process is 
inconsistent among data providers and data receivers, with data 
providers sending event notifications using various methods without 
standardized formats across the industry. The existing methods of 
sending event notifications are often time consuming manual processes 
that add risk and complexity by increasing the chance of manual errors 
and leaving event notifications open to interpretation because of the 
lack of standardized formats. MF Info Xchange has been developed with 
the active participation of an industry working group to streamline the 
delivery and receipt of various types of Fund event notifications to 
provide a standardized method of sending event notifications.
    Data providers using MF Info Xchange would be able to submit event 
notifications for distribution, using data entry, uploads and other 
input mechanisms, modify previously submitted event notifications, view 
upcoming and past notifications and manage distribution lists. Upon 
receipt of the event notification data through MF Info Xchange, NSCC 
would create a unique ID associated with the event relating to the 
notification, and track corrections and updates to the same event using 
the same event ID. NSCC would also store the data in a data repository 
for retrieval by NSCC Members. In addition, NSCC would distribute the 
event notifications via email to a defined distribution list provided 
by the data providers. Data providers could also indicate the NSCC 
Members on the distribution list that could be given access to the 
event notifications on the data repository. Such NSCC Members that have 
subscribed to MF Info Xchange would have access to the data repository 
to retrieve the event notifications and

[[Page 59428]]

updates to those event notifications from a centralized location.
    NSCC Members would be able to use MF Info Xchange to transmit event 
notifications for certain predefined event types. Upon the initial 
launch, Fund mergers/acquisitions and Fund closures would be the only 
event types for which event notifications could be sent using MF Info 
Xchange. NSCC would announce by Important Notice posted on its website 
any enhancements of MF Info Xchange that result in new event types 
available for event notifications. Given the limited number of Fund 
event types available for event notifications upon the launch of MF 
Info Xchange, NSCC would not charge fees initially for the use of MF 
Info Xchange. NSCC would file with the Commission an appropriate rule 
change proposal to implement any fees for MF Info Xchange if NSCC adds 
a fee for the feature.
(ii) Proposed Rule Changes
    The proposed rule change would amend Rule 52 to state that NSCC 
would provide MF Info Xchange to enable data providers that are 
Members, Mutual Fund/Insurance Services Members, Investment Manager/
Agent Members, TPP Members, TPA Members, Data Services Only Members and 
Fund Members to transmit event notifications relating to Funds to other 
NSCC Members and to other third parties identified by the data 
providers to receive the event notifications, or to otherwise supply 
and provide access to event notifications directly to or from NSCC 
through a data repository. The proposed rule change would provide that 
NSCC may determine from time to time, and would announce by Important 
Notice, which types of event notifications may be transmitted using MF 
Info Xchange. The proposed rule change would provide that NSCC would 
not be responsible for the completeness or accuracy of any event 
notifications transmitted using MF Info Xchange nor for any errors, 
omissions or delays that may occur relating to the event notifications.
(iii) Implementation Timeframe
    NSCC expects to implement MF Info Xchange on November 29, 2018. As 
proposed, a legend would be added to Rule 52 stating there are changes 
that became effective upon filing with the Commission but have not yet 
been implemented. The proposed legend also would include a date on 
which such changes would be implemented and the file number of this 
proposal, and state that, once this proposal is implemented, the legend 
would automatically be removed from Rule 52.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act \10\ requires, in part, that the 
Rules be designed to foster cooperation and coordination with persons 
engaged in the clearance and settlement of securities transactions. 
NSCC believes that the proposed rule change would enhance the ability 
of data providers to send, and for data receivers to access and 
retrieve, Fund event notification data in a standardized format and in 
a centralized location. Currently, there is not an industry-wide 
structured method of providing such event notification data, and data 
providers send, and data receivers receive, such event notifications in 
an inefficient and non-standardized manner across the industry. NSCC 
believes that the proposed rule change would provide the Fund industry 
a more efficient and streamlined method for data providers to 
communicate Fund event notification data to data receivers. As such, 
NSCC believes that the proposed rule change would foster cooperation 
and coordination among persons engaged in the clearance and settlement 
of securities, consistent with the requirements of Section 17A(b)(3)(F) 
of the Act.\11\
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
    \11\ Id.
---------------------------------------------------------------------------

    In addition, the proposed rule change is designed to be consistent 
with Rule 17Ad-22(e)(21) promulgated under the Act.\12\ Rule 17Ad-
22(e)(21) requires NSCC to, inter alia, establish, implement, maintain 
and enforce written policies and procedures reasonably designed to be 
efficient and effective in meeting the requirements of its participants 
and the markets it serves. The proposed rule change would streamline 
the Fund event notifications process, which would enhance (i) 
efficiency in making such event notifications by reducing reliance on 
emails, faxes and phone calls for event notifications, which are 
inconsistent and a time consuming manual process, and (ii) 
effectiveness in making such event notifications by providing a 
standardized format to send such event notifications, which NSCC 
believes would reduce errors in the event notification process that 
occur as a result of the current inconsistent and unstructured event 
notification process. Therefore, by establishing a more efficient and 
effective process for data providers to deliver, and data receivers to 
receive, Fund event notifications, NSCC believes that the proposed 
change is consistent with the requirements of Rule 17Ad-22(e)(21), 
promulgated under the Act.\13\
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    \12\ 17 CFR 240.17Ad-22(e)(21).
    \13\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change would have any 
adverse impact, or impose any burden, on competition because the 
proposed rule change would add an optional feature to NSCC's services 
that would provide data providers the ability to send event 
notification data in a standardized format. As an optional feature 
available for subscription with no additional fees, the proposed rule 
change would not disproportionally impact any NSCC participants.
    Moreover, because the proposed rule change would allow data 
providers to more effectively communicate Fund event notifications, 
NSCC believes the proposed rule change would have a positive effect on 
competition among Fund industry participants. The proposed feature 
would provide data providers with a more efficient method of 
distributing event notifications to parties that need to see such 
information in order to facilitate the trading and processing of Fund 
securities. NSCC believes this would enhance competition among Funds 
and Fund participants by allowing parties to distribute such 
information more quickly and in a more streamlined manner.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants, or Others

    NSCC has not received or solicited any written comments relating to 
this proposal. NSCC will notify the Commission of any written comments 
received by NSCC.

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 \14\ and paragraph (f) of Rule 19b-4 
thereunder.\15\ 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 59429]]

investors, or otherwise in furtherance of the purposes of the Act.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-NSCC-2018-010 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-NSCC-2018-010. 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 NSCC 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-NSCC-2018-010 and should be submitted on 
or before December 14, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Assistant Secretary.
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    \16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-25468 Filed 11-21-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices                                           59427

                                              SECURITIES AND EXCHANGE                                 statements may be examined at the                     On a daily basis, data providers and
                                              COMMISSION                                              places specified in Item IV below. The                data receivers exchange a number of
                                                                                                      clearing agency has prepared                          event notifications via email, fax and
                                              [Release No. 34–84611; File No. SR–NSCC–
                                              2018–010]
                                                                                                      summaries, set forth in sections A, B,                phone call outside of NSCC relating to
                                                                                                      and C below, of the most significant                  events affecting the Funds. Such event
                                              Self-Regulatory Organizations;                          aspects of such statements.                           notifications include corporate actions,
                                              National Securities Clearing                                                                                  such as Fund name changes, mergers,
                                                                                                      (A) Clearing Agency’s Statement of the
                                              Corporation; Notice of Filing and                                                                             acquisitions and closures, and other
                                                                                                      Purpose of, and Statutory Basis for, the
                                              Immediate Effectiveness of a Proposed                                                                         events, such as expense ratio changes
                                                                                                      Proposed Rule Change
                                              Rule Change To Enhance the Mutual                                                                             and benchmark changes. These event
                                              Fund Profile Service To Provide for the                 1. Purpose                                            notifications are not standardized across
                                              Transmission of Event Notifications                        The proposed rule change consists of               the industry, and data receivers do not
                                              Through a New Feature Called MF Info                    modifications to the Rules in order to                currently have an efficient standardized
                                              Xchange                                                 reflect proposed enhancements to                      method to view and manage past and
                                                                                                      NSCC’s Mutual Fund Services. The                      upcoming Fund events.
                                              November 16, 2018.
                                                                                                      proposed rule change would enhance                      The mutual fund industry has
                                                 Pursuant to Section 19(b)(1) of the                  MFPS to provide for the delivery and                  requested that NSCC deliver a data
                                              Securities Exchange Act of 1934                         receipt of event notifications relating to            sharing solution for participants in the
                                              (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 funds and pooled investment entities                  Fund industry to exchange such event
                                              notice is hereby given that on November                 through a new feature called MF Info                  notifications, and create standardization
                                              13, 2018, National Securities Clearing                  Xchange, as described in greater detail               to the event notification process. The
                                              Corporation (‘‘NSCC’’) filed with the                   below.                                                current event notification process is
                                              Securities and Exchange Commission                                                                            inconsistent among data providers and
                                              (‘‘Commission’’) the proposed rule                      (i) Background                                        data receivers, with data providers
                                              change as described in Items I, II and III                 In 1996, NSCC launched MFPS,                       sending event notifications using
                                              below, which Items have been prepared                   providing participating Members with                  various methods without standardized
                                              by the clearing agency. NSCC filed the                  an automated method of transmitting                   formats across the industry. The existing
                                              proposed rule change pursuant to                        and receiving daily price and rate                    methods of sending event notifications
                                              Section 19(b)(3)(A) of the Act 3 and Rule               information pertaining to funds and                   are often time consuming manual
                                              19b–4(f)(4) thereunder.4 The                            other pooled investment entities                      processes that add risk and complexity
                                              Commission is publishing this notice to                 (collectively referred hereto as ‘‘Funds’’)           by increasing the chance of manual
                                              solicit comments on the proposed rule                   through a centralized and standardized                errors and leaving event notifications
                                              change from interested persons.                         facility.7 In 1998, NSCC implemented                  open to interpretation because of the
                                                                                                      three new databases as part of MFPS, (i)              lack of standardized formats. MF Info
                                              I. Clearing Agency’s Statement of the                                                                         Xchange has been developed with the
                                              Terms of Substance of the Proposed                      the participant profile database, (ii) the
                                                                                                      security issue profile database and (iii)             active participation of an industry
                                              Rule Change                                                                                                   working group to streamline the
                                                                                                      the distribution declaration information
                                                 The proposed rule change consists of                 profile database,8 through which NSCC                 delivery and receipt of various types of
                                              modifications to NSCC’s Rules &                         offers the Funds industry a centralized               Fund event notifications to provide a
                                              Procedures (‘‘Rules’’) in order to reflect              repository for prospectus and                         standardized method of sending event
                                              proposed enhancements to NSCC’s                         operational information relating to Fund              notifications.
                                              Mutual Fund Services.5 The proposed                     securities, Fund distributions and Fund                 Data providers using MF Info Xchange
                                              rule change would enhance the Mutual                    processing capabilities.                              would be able to submit event
                                              Fund Profile Service (‘‘MFPS’’) 6 of                       MF Info Xchange would be a new                     notifications for distribution, using data
                                              NSCC to provide for the delivery and                    feature of MFPS that would facilitate                 entry, uploads and other input
                                              receipt of event notifications relating to              communication of event notifications                  mechanisms, modify previously
                                              funds and pooled investment entities                    among Funds, their principal                          submitted event notifications, view
                                              through a new feature called MF Info                    underwriters or other entities                        upcoming and past notifications and
                                              Xchange, as described in greater detail                 authorized to process transactions on                 manage distribution lists. Upon receipt
                                              below.                                                  behalf of Funds, that are Members,                    of the event notification data through
                                                                                                      Mutual Fund/Insurance Services                        MF Info Xchange, NSCC would create a
                                              II. Clearing Agency’s Statement of the                                                                        unique ID associated with the event
                                                                                                      Members, Investment Manager/Agent
                                              Purpose of, and Statutory Basis for, the                                                                      relating to the notification, and track
                                                                                                      Members, TPP Members, TPA Members,
                                              Proposed Rule Change                                                                                          corrections and updates to the same
                                                                                                      Data Services Only Members and Fund
                                                 In its filing with the Commission, the               Members (‘‘data providers’’), on the one              event using the same event ID. NSCC
                                              clearing agency included statements                     hand, and the distribution partners of                would also store the data in a data
                                              concerning the purpose of and basis for                 the Funds, such as broker-dealers and                 repository for retrieval by NSCC
                                              the proposed rule change and discussed                  banks that are NSCC Members 9 and                     Members. In addition, NSCC would
                                              any comments it received on the                         other third parties identified by the data            distribute the event notifications via
                                              proposed rule change. The text of these                 providers to receive event notifications              email to a defined distribution list
                                                                                                      (‘‘data receivers’’), on the other hand.              provided by the data providers. Data
                                                1 15 U.S.C. 78s(b)(1).                                                                                      providers could also indicate the NSCC
amozie on DSK3GDR082PROD with NOTICES1




                                                2 17 CFR 240.19b–4.                                      7 Securities Exchange Act Release No. 37171 (May   Members on the distribution list that
                                                3 15 U.S.C. 78s(b)(3)(A).
                                                                                                      8, 1996), 61 FR 24343 (May 14, 1996) (SR–NSCC–        could be given access to the event
                                                4 17 CFR 240.19b–4(f)(4).                             1996–04).                                             notifications on the data repository.
                                                5 Capitalized terms used herein and not otherwise        8 Securities Exchange Act Release No. 40614
                                                                                                                                                            Such NSCC Members that have
                                              defined shall have the meaning assigned to such         (October 28, 1998), 63 FR 59615 (November 4, 1998)
                                              terms in the Rules, available at http://dtcc.com/∼/     (SR–NSCC–1998–09).                                    subscribed to MF Info Xchange would
                                              media/Files/Downloads/legal/rules/nscc_rules.pdf.          9 For purposes of this filing, ‘‘NSCC Members’’    have access to the data repository to
                                                6 Section D of Rule 52, supra note 5.                 shall mean Members and Limited Members.               retrieve the event notifications and


                                         VerDate Sep<11>2014   18:33 Nov 21, 2018   Jkt 247001   PO 00000   Frm 00074   Fmt 4703   Sfmt 4703   E:\FR\FM\23NON1.SGM   23NON1


                                              59428                       Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices

                                              updates to those event notifications                    the legend would automatically be                       NSCC believes that the proposed change
                                              from a centralized location.                            removed from Rule 52.                                   is consistent with the requirements of
                                                 NSCC Members would be able to use                    2. Statutory Basis                                      Rule 17Ad–22(e)(21), promulgated
                                              MF Info Xchange to transmit event                                                                               under the Act.13
                                              notifications for certain predefined                       Section 17A(b)(3)(F) of the Act 10
                                                                                                      requires, in part, that the Rules be                    (B) Clearing Agency’s Statement on
                                              event types. Upon the initial launch,
                                                                                                      designed to foster cooperation and                      Burden on Competition
                                              Fund mergers/acquisitions and Fund
                                              closures would be the only event types                  coordination with persons engaged in
                                                                                                      the clearance and settlement of                            NSCC does not believe that the
                                              for which event notifications could be                                                                          proposed rule change would have any
                                              sent using MF Info Xchange. NSCC                        securities transactions. NSCC believes
                                                                                                      that the proposed rule change would                     adverse impact, or impose any burden,
                                              would announce by Important Notice                                                                              on competition because the proposed
                                              posted on its website any enhancements                  enhance the ability of data providers to
                                                                                                      send, and for data receivers to access                  rule change would add an optional
                                              of MF Info Xchange that result in new                                                                           feature to NSCC’s services that would
                                              event types available for event                         and retrieve, Fund event notification
                                                                                                      data in a standardized format and in a                  provide data providers the ability to
                                              notifications. Given the limited number                                                                         send event notification data in a
                                                                                                      centralized location. Currently, there is
                                              of Fund event types available for event                                                                         standardized format. As an optional
                                                                                                      not an industry-wide structured method
                                              notifications upon the launch of MF                                                                             feature available for subscription with
                                                                                                      of providing such event notification
                                              Info Xchange, NSCC would not charge                                                                             no additional fees, the proposed rule
                                                                                                      data, and data providers send, and data
                                              fees initially for the use of MF Info                                                                           change would not disproportionally
                                                                                                      receivers receive, such event
                                              Xchange. NSCC would file with the                                                                               impact any NSCC participants.
                                                                                                      notifications in an inefficient and non-
                                              Commission an appropriate rule change
                                                                                                      standardized manner across the                             Moreover, because the proposed rule
                                              proposal to implement any fees for MF
                                                                                                      industry. NSCC believes that the                        change would allow data providers to
                                              Info Xchange if NSCC adds a fee for the
                                                                                                      proposed rule change would provide the                  more effectively communicate Fund
                                              feature.
                                                                                                      Fund industry a more efficient and                      event notifications, NSCC believes the
                                              (ii) Proposed Rule Changes                              streamlined method for data providers                   proposed rule change would have a
                                                                                                      to communicate Fund event notification                  positive effect on competition among
                                                 The proposed rule change would                       data to data receivers. As such, NSCC                   Fund industry participants. The
                                              amend Rule 52 to state that NSCC                        believes that the proposed rule change                  proposed feature would provide data
                                              would provide MF Info Xchange to                        would foster cooperation and                            providers with a more efficient method
                                              enable data providers that are Members,                 coordination among persons engaged in                   of distributing event notifications to
                                              Mutual Fund/Insurance Services                          the clearance and settlement of                         parties that need to see such
                                              Members, Investment Manager/Agent                       securities, consistent with the                         information in order to facilitate the
                                              Members, TPP Members, TPA Members,                      requirements of Section 17A(b)(3)(F) of                 trading and processing of Fund
                                              Data Services Only Members and Fund                     the Act.11                                              securities. NSCC believes this would
                                              Members to transmit event notifications                    In addition, the proposed rule change                enhance competition among Funds and
                                              relating to Funds to other NSCC                         is designed to be consistent with Rule                  Fund participants by allowing parties to
                                              Members and to other third parties                      17Ad–22(e)(21) promulgated under the                    distribute such information more
                                              identified by the data providers to                     Act.12 Rule 17Ad–22(e)(21) requires                     quickly and in a more streamlined
                                              receive the event notifications, or to                  NSCC to, inter alia, establish,                         manner.
                                              otherwise supply and provide access to                  implement, maintain and enforce
                                              event notifications directly to or from                 written policies and procedures                         (C) Clearing Agency’s Statement on
                                              NSCC through a data repository. The                     reasonably designed to be efficient and                 Comments on the Proposed Rule
                                              proposed rule change would provide                      effective in meeting the requirements of                Change Received From Members,
                                              that NSCC may determine from time to                    its participants and the markets it                     Participants, or Others
                                              time, and would announce by Important                   serves. The proposed rule change would
                                              Notice, which types of event                                                                                      NSCC has not received or solicited
                                                                                                      streamline the Fund event notifications
                                              notifications may be transmitted using                                                                          any written comments relating to this
                                                                                                      process, which would enhance (i)
                                              MF Info Xchange. The proposed rule                                                                              proposal. NSCC will notify the
                                                                                                      efficiency in making such event
                                              change would provide that NSCC would                                                                            Commission of any written comments
                                                                                                      notifications by reducing reliance on
                                              not be responsible for the completeness                                                                         received by NSCC.
                                                                                                      emails, faxes and phone calls for event
                                              or accuracy of any event notifications                  notifications, which are inconsistent                   III. Date of Effectiveness of the
                                              transmitted using MF Info Xchange nor                   and a time consuming manual process,                    Proposed Rule Change, and Timing for
                                              for any errors, omissions or delays that                and (ii) effectiveness in making such                   Commission Action
                                              may occur relating to the event                         event notifications by providing a
                                              notifications.                                          standardized format to send such event                     The foregoing rule change has become
                                              (iii) Implementation Timeframe                          notifications, which NSCC believes                      effective pursuant to Section 19(b)(3)(A)
                                                                                                      would reduce errors in the event                        of the Act 14 and paragraph (f) of Rule
                                                 NSCC expects to implement MF Info                    notification process that occur as a                    19b–4 thereunder.15 At any time within
                                              Xchange on November 29, 2018. As                        result of the current inconsistent and                  60 days of the filing of the proposed rule
                                              proposed, a legend would be added to                    unstructured event notification process.                change, the Commission summarily may
                                              Rule 52 stating there are changes that                  Therefore, by establishing a more                       temporarily suspend such rule change if
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                                              became effective upon filing with the                   efficient and effective process for data                it appears to the Commission that such
                                              Commission but have not yet been                        providers to deliver, and data receivers                action is necessary or appropriate in the
                                              implemented. The proposed legend also                   to receive, Fund event notifications,                   public interest, for the protection of
                                              would include a date on which such
                                              changes would be implemented and the                      10 15    U.S.C. 78q–1(b)(3)(F).                         13 Id.

                                              file number of this proposal, and state                   11 Id.                                                  14 15    U.S.C. 78s(b)(3)(A).
                                              that, once this proposal is implemented,                  12 17    CFR 240.17Ad–22(e)(21).                        15 17    CFR 240.19b–4(f).



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                                                                          Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices                                                      59429

                                              investors, or otherwise in furtherance of                 For the Commission, by the Division of              prepared summaries, set forth in
                                              the purposes of the Act.                                Trading and Markets, pursuant to delegated            Sections A, B, and C below, of the most
                                                                                                      authority.16                                          significant aspects of such statements.
                                              IV. Solicitation of Comments                            Eduardo A. Aleman,
                                                                                                      Assistant Secretary.
                                                                                                                                                            A. Self-Regulatory Organization’s
                                                Interested persons are invited to                                                                           Statement of the Purpose of, and
                                              submit written data, views and                          [FR Doc. 2018–25468 Filed 11–21–18; 8:45 am]
                                                                                                                                                            Statutory Basis for, the Proposed Rule
                                              arguments concerning the foregoing,                     BILLING CODE 8011–01–P
                                                                                                                                                            Change
                                              including whether the proposed rule
                                              change is consistent with the Act.                                                                            1. Purpose
                                              Comments may be submitted by any of                     SECURITIES AND EXCHANGE
                                                                                                                                                               The Exchange proposes to amend
                                              the following methods:                                  COMMISSION
                                                                                                                                                            BOX Rule 5070 (Long-term Options
                                              Electronic Comments                                     [Release No. 34–84612; File No. SR–BOX–               Contracts) to permit up to ten (10) long-
                                                                                                      2018–35]                                              term options (‘‘LEAPS’’) expiration
                                                • Use the Commission’s internet                                                                             months for options on SPY.3 BOX Rule
                                              comment form (http://www.sec.gov/                       Self-Regulatory Organizations; BOX                    5070 currently provides that the
                                              rules/sro.shtml); or                                    Exchange LLC; Notice of Filing and                    Exchange may list LEAPS that expire
                                                • Send an email to rule-comments@                     Immediate Effectiveness of Proposed                   from twelve (12) to one hundred eighty
                                              sec.gov. Please include File Number SR–                 Rule Change To Permit Up to Ten                       (180) months from the time they are
                                              NSCC–2018–010 on the subject line.                      Expiration Months for Long-Term                       listed; and there may be up to six (6)
                                                                                                      Options on the SPDR® S&P® 500                         expiration months.4 The Exchange
                                              Paper Comments                                          Exchange-Traded Fund Shares (‘‘SPY’’)                 believes the proposal will add liquidity
                                                • Send paper comments in triplicate                   November 16, 2018.                                    to the SPY options market by allowing
                                              to Secretary, Securities and Exchange                      Pursuant to Section 19(b)(1) of the                market participants to hedge risks
                                              Commission, 100 F Street NE,                            Securities Exchange Act of 1934                       relating to SPY positions over a longer
                                              Washington, DC 20549.                                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2               time period with a known and limited
                                                                                                      notice is hereby given that on November               cost. This is a filing that is based on a
                                              All submissions should refer to File
                                                                                                      16, 2018, BOX Exchange LLC                            proposal recently submitted by Nasdaq
                                              Number SR–NSCC–2018–010. This file
                                                                                                      (‘‘Exchange’’) filed with the Securities              PHLX LLC (‘‘Phlx’’).5
                                              number should be included on the
                                                                                                      and Exchange Commission                                  The SPY options market today is
                                              subject line if email is used. To help the
                                                                                                      (‘‘Commission’’) the proposed rule                    characterized by its tremendous daily
                                              Commission process and review your
                                                                                                      change as described in Items I and II                 and annual liquidity. As a consequence,
                                              comments more efficiently, please use
                                                                                                      below, which Items have been prepared                 the Exchange believes that the listing of
                                              only one method. The Commission will
                                                                                                      by the self-regulatory organization. The              additional SPY LEAPS expiration
                                              post all comments on the Commission’s
                                                                                                      Commission is publishing this notice to               months would be well received by
                                              internet website (http://www.sec.gov/
                                                                                                      solicit comments on the proposed rule                 investors. This proposal to expand the
                                              rules/sro.shtml). Copies of the
                                                                                                      from interested persons.                              number of permitted SPY long-term
                                              submission, all subsequent
                                                                                                                                                            expiration months would not apply to
                                              amendments, all written statements                      I. Self-Regulatory Organization’s                     LEAPS on any other class of stock or
                                              with respect to the proposed rule                       Statement of the Terms of Substance of                Exchange-Traded Fund Shares.6
                                              change that are filed with the                          the Proposed Rule Change
                                              Commission, and all written                                                                                      Finally, BOX Rule 5070(a) currently
                                              communications relating to the                            The Exchange proposes to amend                      states that there may be ‘‘up to six (6)
                                              proposed rule change between the                        BOX Rule 5070 (Long-term Options                      additional expiration months.’’ Because
                                              Commission and any person, other than                   Contracts) to permit up to ten (10)                   the rule does not specify which
                                              those that may be withheld from the                     expiration months for long-term options               expiration months the six months are in
                                              public in accordance with the                           on SPY. The text of the proposed rule                 addition to, and thus is ambiguous, the
                                              provisions of 5 U.S.C. 552, will be                     change is available from the principal                Exchange proposes to delete the word
                                              available for website viewing and                       office of the Exchange, at the                        ‘‘additional.’’ As amended, the rule
                                              printing in the Commission’s Public                     Commission’s Public Reference Room                    would clearly and simply provide that
                                              Reference Room, 100 F Street NE,                        and also on the Exchange’s internet                   the Exchange may list six expiration
                                              Washington, DC 20549 on official                        website at http://boxoptions.com.                     months having from twelve (12) to one
                                              business days between the hours of                      II. Self-Regulatory Organization’s                       3 In contrast to Rule 5070, Exchange Rule
                                              10:00 a.m. and 3:00 p.m. Copies of the                  Statement of the Purpose of, and                      6090(b)(1)(i), which applies to index options,
                                              filing also will be available for                       Statutory Basis for, the Proposed Rule                permits the Exchange to list LEAPS on any class of
                                              inspection and copying at the principal                 Change                                                index options, adding up to ten expiration months.
                                              office of NSCC and on DTCC’s website                                                                          The Exchange seeks to list ten expiration months
                                                                                                        In its filing with the Commission, the              of LEAPS on SPY, just as it now may list ten LEAPS
                                              (http://dtcc.com/legal/sec-rule-
                                                                                                      self-regulatory organization included                 expiration months on index options, in order to
                                              filings.aspx). All comments received                                                                          provide investors with a wider choice of
                                                                                                      statements concerning the purpose of,
                                              will be posted without change. Persons                                                                        investments.
                                                                                                      and basis for, the proposed rule change
                                              submitting comments are cautioned that                                                                           4 Strike price interval, bid/ask differential and
                                                                                                      and discussed any comments it received                continuity rules shall not apply to such options
                                              we do not redact or edit personal
                                                                                                      on the proposed rule change. The text
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                                                                                                                                                            series until the time to expiration is less than nine
                                              identifying information from comment
                                                                                                      of these statements may be examined at                (9) months. See BOX Rule 5070(a).
                                              submissions. You should submit only                                                                              5 See Securities Exchange Act Release No. 34–
                                                                                                      the places specified in Item IV below.
                                              information that you wish to make                                                                             84449 (October 18, 2018), 83 FR 53699 (SR–Phlx–
                                                                                                      The self-regulatory organization has
                                              available publicly. All submissions                                                                           2018–64).
                                                                                                                                                               6 Historically, SPY is the largest and most actively
                                              should refer to File Number SR–NSCC–                      16 17 CFR 200.30–3(a)(12).                          traded ETF in the United States as measured by its
                                              2018–010 and should be submitted on                       1 15 U.S.C. 78s(b)(1).                              assets under management and the value of shares
                                              or before December 14, 2018.                              2 17 CFR 240.19b–4.                                 traded.



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Document Created: 2018-11-27 12:59:43
Document Modified: 2018-11-27 12:59:43
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 59427 

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