[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21217-21219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07411]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97247; File No. SR-FICC-2023-005]


Self-Regulatory Organizations; Fixed Income Clearing Corporation; 
Notice of Filing of and Immediate Effectiveness of a Proposed Rule 
Change To Make Administrative Updates to FICC's GSD Rules, MBSD Rules, 
EPN Rules, and Restated Certificate of Incorporation

April 4, 2023.
    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 March 30, 2023, Fixed Income Clearing Corporation (``FICC'') 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. FICC filed the 
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(3) thereunder.\4\ The

[[Page 21218]]

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)(3).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change \5\ would (i) revise FICC's Restated 
Certificate of Incorporation \6\ to update FICC's registered agent upon 
whom process against FICC may be served and (ii) update the Rules to 
remove an option for sending notices by facsimile and provide an email 
address for sending a copy of any notices to FICC, as described in 
greater detail below.
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    \5\ Capitalized terms not otherwise defined herein are defined 
in the FICC Government Securities Division Rulebook (``GSD Rules''), 
the FICC Mortgage-Backed Securities Division Clearing Rules (``MBSD 
Rules''), and the FICC Mortgage-Backed Securities Division EPN Rules 
(``EPN Rules,'' and together with the GSD Rules and the MBSD Rules, 
the ``Rules''), as applicable, available at http://www.dtcc.com/legal/rules-and-procedures.
    \6\ FICC's Restated Certificate of Incorporation is available at 
http://www.dtcc.com/legal/rules-and-procedures.
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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 would (i) revise FICC's Restated 
Certificate of Incorporation to update FICC's registered agent upon 
whom process against FICC may be served and (ii) update the Rules to 
remove an option for sending notices by facsimile and provide an email 
address for sending a copy of any notices to FICC, as described in 
greater detail below.
Proposed Updates to FICC's Restated Certificate of Incorporation
    FICC's Restated Certificate of Incorporation currently states that 
the Secretary of State is FICC's designated agent for service of 
process, and that copies of any process against FICC shall be mailed to 
FICC at 55 Water Street, New York, NY 10041 (``55 Water''). With FICC's 
upcoming departure from 55 Water, FICC would amend its Restated 
Certificate of Incorporation to appoint C T Corporation System as its 
registered agent upon whom process against FICC may be served, and 
provide C T Corporation System's address.
Proposed Updates to the Rules
    FICC proposes to revise its Rules with respect to how an Interested 
Person may serve notice on FICC. The Rules currently provide an option 
for service via facsimile. FICC would revise the Rules to remove the 
facsimile option and provide for a copy of notices to be sent to FICC's 
General Counsel's Office via email.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act requires that the rules of the 
clearing agency be designed, inter alia, to promote the prompt and 
accurate clearance and settlement of securities transactions.\7\ FICC 
believes the proposed rule change is consistent with the Section 
17A(b)(3)(F) of the Act.
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    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    As described above, the proposed rule change would update (i) 
FICC's Restated Certificate of Incorporation to change FICC's 
registered agent for serving process on FICC and (ii) the Rules to 
remove an option to send notices to FICC via facsimile and provide an 
email address for sending a copy of notices to FICC's General Counsel's 
Office.
    The proposed changes are intended to update information on FICC's 
process agent and how to send notices to FICC. With these changes, FICC 
believes its members and the public would be better informed on how 
best to serve FICC, which could help promote the prompt and accurate 
clearance and settlement of securities transactions of those members 
and the public, consistent with the requirements of the Act, in 
particular Section 17A(b)(3)(F) of the Act, cited above.

(B) Clearing Agency's Statement on Burden on Competition

    FICC does not believe that the proposed rule change would have any 
impact or impose any burden on competition because, as described above, 
the proposed rule change simply updates certain process and notice 
information and should not have any competitive impact on members or 
their use of FICC services.

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

    FICC has not received or solicited any written comments relating to 
this proposal. If any written comments are received, FICC will amend 
this filing to publicly file such comments as an Exhibit 2 to this 
filing, as required by Form 19b-4 and the General Instructions thereto.
    Persons submitting written comments are cautioned that, according 
to Section IV (Solicitation of Comments) of the Exhibit 1A in the 
General Instructions to Form 19b-4, the Securities and Exchange 
Commission (``Commission'') does not edit personal identifying 
information from comment submissions. Commenters should submit only 
information that they wish to make available publicly, including their 
name, email address, and any other identifying information.
    All prospective commenters should follow the Commission's 
instructions on How to Submit Comments, available at https://www.sec.gov/regulatory-actions/how-to-submit-comments. General 
questions regarding the rule filing process or logistical questions 
regarding this filing should be directed to the Main Office of the 
Commission's Division of Trading and Markets at 
[email protected] or 202-551-5777.
    FICC reserves the right to not respond to any comments received.

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) \8\ of the Act and paragraph (f) \9\ of Rule 19b-4 
thereunder. 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 investors, or 
otherwise in furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

[[Page 21219]]

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-FICC-2023-005 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FICC-2023-005. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of FICC 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-FICC-2023-005 and should be submitted on 
or before May 1, 2023.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-07411 Filed 4-7-23; 8:45 am]
BILLING CODE 8011-01-P