Federal Register - February 10, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or disapproved.
IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:
Electronic Comments Use the Commissions internet comment form http www.sec.gov/
rules/sro.shtml; or Send an email to rule-comments@
sec.gov. Please include File Number SR
NASDAQ2021005 on the subject line.
Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 205491090.
All submissions should refer to File Number SRNASDAQ2021005. 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 Commissions 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 Commissions 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 the Exchange. 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
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submit only information that you wish to make available publicly. All submissions should refer to File Number SRNASDAQ2021005, and should be submitted on or before March 3, 2021.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.22
J. Matthew DeLesDernier, Assistant Secretary.
FR Doc. 202102711 Filed 2921; 8:45 am BILLING CODE 801101P
SECURITIES AND EXCHANGE
COMMISSION
Release No. 3491071; File No. SBSDR
202001
Security-Based Swap Data Repositories; DTCC Data Repository U.S., LLC; Notice of Filing of Application for Registration as a Security-Based Swap Data Repository February 5, 2021.
I. Introduction On December 22, 2020, DTCC Data Repository U.S., LLC DDR filed with the Securities and Exchange Commission Commission an application on Form SDR to register as a security-based swap data repository SDR pursuant to Section 13n1 of the Securities Exchange Act of 1934
Exchange Act and 17 CFR 240.13n 1 Rule 13n1 thereunder,1 and as a securities information processor SIP
under Section 11Ab of the Exchange Act.2 DDR intends to operate as a registered SDR for security-based swap SBS transactions in the equity, credit, and interest rate derivatives asset classes.3 The Commission is publishing this notice to solicit comments from interested persons regarding DDRs 22 17
CFR 200.303a12.
U.S.C. 78mn1; 17 CFR 240.13n1. A copy of DDRs application on Form SDR and nonconfidential exhibits thereto are available for public viewing on the Commissions website. In 2016, DDR
submitted a prior application for registration as an SDR. See Release No. 3478216 June 30, 2016, 81
FR 44379 July 7, 2016; Release No. 3481302
Aug. 3, 2017, 82 FR 37276 Aug. 9, 2017. DDR
withdrew this prior application in 2018. See Letter from Chris Childs, Managing Director, DDR, Mar.
27, 2018, https www.sec.gov/divisions/marketreg/
sdr/dtcc-sdr-application-withdrawal-letter032718.pdf.
2 15 U.S.C. 78k1b.
3 DDR has included the interest rate asset class in its application based on feedback from potential users of its SDR services. The potential users have identified certain types of transactions that will be reported through DDRs infrastructure for interest rate derivatives as falling within the Exchange Act definition of an SBS transaction.
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application,4 and the Commission will consider any comments it receives in making its determination whether to approve DDRs application for registration as an SDR and as a SIP.
II. Background A. SDR Registration, Duties, and Core Principles Section 13n of the Exchange Act makes it unlawful for any person, unless registered with the Commission, directly or indirectly, to make use of the mails or any means or instrumentality of interstate commerce to perform the functions of an SDR.5 To be registered and maintain registration, an SDR must comply with certain requirements and core principles described in Section 13n, as well as any requirements that the Commission may impose by rule or regulation.6 In 2015, the Commission adopted 17 CFR 240.13n1 to 13n12
under the Exchange Act to establish Form SDR, the procedures for registration as an SDR, and the duties and core principles applicable to an SDR SDR Rules.7 The Commission provided a temporary exemption from compliance with the SDR Rules and also extended exemptions from the provisions of the Dodd-Frank Act set forth in a Commission order providing temporary exemptions and other temporary relief from compliance with certain provisions of the Exchange Act concerning security-based swaps, and these temporary exemptions expired in 2017.8
The Commission also has adopted 17
CFR 242.900 to 909 under the Exchange Act collectively, Regulation SBSR, which governs regulatory reporting and public dissemination of security-based swap transactions.9 Among other things, Regulation SBSR requires each registered SDR to register with the Commission as a SIP,10 and the Form SDR constitutes an application for 4 The descriptions set forth in this notice regarding the structure and operations of DDR have been derived, excerpted, or summarized from DDRs application on Form SDR.
5 15 U.S.C. 78mn.
6 Id.
7 See Release No. 3474246 Feb. 11, 2015, 80 FR
14438, 14438 Mar. 19, 2015 SDR Adopting Release. In 2016, the Commission subsequently amended 17 CFR 240. 13n4 to address third-party regulatory access to SBS data obtained by an SDR.
See Release No. 3478716 Aug. 29, 2016, 81 FR
60585 Sep. 2, 2016.
8 See Release No. 3480359 Mar. 31, 2017, 82 FR
16867 Apr. 6, 2017.
9 Release No. 3474244 Feb. 11, 2015, 80 FR
14563 Mar. 19, 2015; Release No. 3478321 July 14, 2016, 81 FR 53546 Aug. 12, 2016. Regulation SBSR and the SDR Rules are referred to collectively as the SBS Reporting Rules.
10 See 17 CFR 242.909.
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