Notice2024-20632
Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Partial Amendment No. 1, Concerning the Adoption of a Minimum Margin Amount at GSD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 12, 2024
Issuing agencies
Securities and Exchange Commission
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 177 (Thursday, September 12, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74309-74310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20632]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-100958; File No. SR-FICC-2024-003]
Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Designation of Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change, as Modified by Partial Amendment No. 1, Concerning the
Adoption of a Minimum Margin Amount at GSD
September 6, 2024.
On February 27, 2024, Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-FICC-2024-003 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ The notice of filing of the proposed rule change was
published for comment in the Federal Register on March 15, 2024.\3\ On
March 25, 2024, the Commission extended the review period of the
proposed rule change, pursuant to section 19(b)(2) of the Act,\4\ until
June 13, 2024, as the date by which the Commission shall either
approve, disapprove, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ The Commission has received
comments regarding the proposed rule change.\6\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Securities Exchange Act Release No. 99711 (March 11, 2024),
89 FR 18991 (March 15, 2024) (SR-FICC-2024-003).
\4\ 15 U.S.C. 78s(b)(2)(ii).
\5\ Securities Exchange Act Release No. 99769 (March 19, 2024),
89 FR 20716 (March 25, 2024) (SR-FICC-2024-003).
\6\ Comments on the proposed rule change are available at
<a href="https://www.sec.gov/comments/sr-ficc-2024-003/srficc2024003.htm">https://www.sec.gov/comments/sr-ficc-2024-003/srficc2024003.htm</a>.
---------------------------------------------------------------------------
On April 5, 2024, FICC filed Partial Amendment No. 1 to the
proposed rule change to correct errors FICC discovered regarding the
impact analysis filed as Exhibit 3 and discussed in the filing
narrative, as well as correct a typo in the methodology formula in
Exhibit 5b.\7\ The corrections in Partial Amendment No. 1 do not change
the substance of the proposed rule change.\8\ On May 20, 2024, the
Commission published notice of Partial Amendment No. 1 and instituted
proceedings, pursuant to Section 19(b)(2)(B) of the Exchange Act,\9\ to
determine whether to approve or disapprove the proposed rule change, as
modified by the Partial Amendment No. 1.\10\
---------------------------------------------------------------------------
\7\ To promote the public availability and transparency of its
post-notice partial amendment, FICC submitted a copy of Partial
Amendment No. 1 through the Commission's electronic public comment
letter mechanism. Accordingly, Partial Amendment No. 1 has been
posted to the Commission's website at <a href="https://www.sec.gov/comments/sr-ficc-2024-003/srficc2024003-455611-1167714.pdf">https://www.sec.gov/comments/sr-ficc-2024-003/srficc2024003-455611-1167714.pdf</a> and thus been
publicly available since April 5, 2024. FICC has requested
confidential treatment pursuant to 17 CFR 240.24b-2 with respect to
Exhibit 3 and Exhibit 5b.
\8\ On February 27, 2024, FICC filed the proposed rule change as
an advance notice with the Commission pursuant to Section 806(e)(1)
of Title VIII of the Dodd-Frank Wall Street Reform and Consumer
Protection Act entitled the Payment, Clearing, and Settlement
Supervision Act of 2010 (``Clearing Supervision Act'') and Rule 19b-
4(n)(1)(i) under the Act. 12 U.S.C. 5465(e)(1); 17 CFR 240.19b-
4(n)(1)(i). Notice of the advance notice was published in the
Federal Register on March 15, 2024. Securities Exchange Act Release
No. 99712 (March 11, 2024), 89 FR 18981 (March 15, 2024) (SR-FICC-
2024-801). Pursuant to Section 806(e)(1)(H) of the Clearing
Supervision Act, the Commission extended the review period of the
advance notice for an additional 60 days after finding that the
Advance Notice raised novel and complex issues. On March 22, 2024,
the Commission requested additional information from FICC pursuant
to Section 806(e)(1)(D) of the Clearing Supervision Act, which
tolled the Commission's review period of review of the Advance
Notice. 12 U.S.C. 5465(e)(1)(D). On April 26, 2024, the Commission
received FICC's response to the Commission's request for additional
information. On April 5, 2024, FICC filed Partial Amendment No. 1 to
the advance notice, which makes the same corrections as Partial
Amendment No. 1 to the proposed rule change. Notice of the advance
notice, as modified by Partial Amendment No. 1, was published in the
Federal Register on March 15, 2024. Securities Exchange Act Release
No. 100140 (May 14, 2024), 89 FR 43941 (May 20, 2024) (SR-FICC-2024-
801).
\9\ 15 U.S.C. 78s(b)(2)(B).
\10\ See Securities Exchange Act Release No. 100141 (May 14,
2024), 89 FR 43915 (May 20, 2024) (File No. SR-FICC-2024-003).
---------------------------------------------------------------------------
[[Page 74310]]
Section 19(b)(2) of the Exchange Act \11\ provides that proceedings
to determine whether to approve or disapprove a proposed rule change
must be concluded within 180 days of the date of publication of notice
of filing of the proposed rule change. The time for conclusion of the
proceedings may be extended for up to 60 days if the Commission
determines that a longer period is appropriate and publishes the
reasons for such determination.\12\ The 180th day after publication of
the Notice in the Federal Register is September 11, 2024.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(2).
\12\ 15 U.S.C 78s(b)(2)(B)(ii)(II).
---------------------------------------------------------------------------
The Commission is extending the period for Commission action on the
Proposed Rule Change, as modified by Partial Amendment No. 1. The
Commission finds that it is appropriate to designate a longer period
within which to take action on the Proposed Rule Change so that the
Commission has sufficient time to consider the issues raised by the
Proposed Rule Change and to take action on the Proposed Rule Change.
Accordingly, pursuant to Section 19(b)(2)(B)(ii)(II) of the Exchange
Act,\13\ the Commission designates November 10, 2024, as the date by
which the Commission should either approve or disapprove the Proposed
Rule Change SR-FICC-2024-003.
---------------------------------------------------------------------------
\13\ Id.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-20632 Filed 9-11-24; 8:45 am]
BILLING CODE 8011-01-P
</pre></body>
</html>Indexed from Federal Register on September 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.