Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Gasoline Index Futures, 73045-73047 [E5-7065]
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Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices
comments on the proposed rule change
from interested parties.
with OCC’s rules, including any rules
proposed to be amended.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The proposed rule change would
clarify that securities held for the
account of a securities customer (other
than a market maker) may be deposited
as margin in a customers’ lien account.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
OCC 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. OCC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.4
Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The proposed rule change would
clarify that securities held for the
account of a securities customer (other
than a market maker) may be deposited
as margin in a customers’ lien account.
In July 2005, the Commission approved
an OCC proposed rule change that
permitted clearing members to clear
trades of certain securities customers in
a new type of account, called a
customers’ lien account, which is
subject to portfolio margining.5
Although it was clearly intended that
clearing members be permitted to
deposit securities held for the account
of securities customers participating in
portfolio margining in customers’ lien
accounts, the necessary conforming
change to OCC Rule 604(b)(5) was
inadvertently omitted. The purpose of
this rule filing is to make that
conforming change.
OCC believes the proposed changes
are consistent with Section 17A of the
Act 6 and the rules and regulations
thereunder applicable to OCC because
such changes promote the prompt and
accurate clearance and settlement of
securities transactions by making a
conforming change to OCC’s rules. The
proposed rule change is not inconsistent
4 The Commission has modified the text of the
summaries prepared by OCC.
5 See Securities Exchange Act Release No. 52030
(July 14, 2005), 70 42405 (July 22, 2005) [File No.
SR–OCC–2003–04].
6 15 U.S.C. 78q–1.
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16:29 Dec 07, 2005
Jkt 208001
OCC does not believe that the
proposed rule change would impose any
burden on competition.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were not and are
not intended to be solicited with respect
to the proposed rule change, and none
have been received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective upon filing pursuant to Section
19(b)(3)(A)(i) of the Act 7 and Rule 19b–
4(f)(1) 8 thereunder because it
constitutes a stated policy, practice, or
interpretation with respect to the
meaning, administration, or
enforcement of an existing rule. At any
time within sixty days of the filing of
such rule change, the Commission may
summarily abrogate 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.
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 (https://www.sec.gov/
rules/sro.shtml) or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–OCC–2005–18 on the
subject line.
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303.
All submissions should refer to File
Number SR–OCC–2005–18. This file
number should be included on the
subject line if e-mail is used. To help the
8 17
PO 00000
U.S.C. 78s(b)(3)(A)(i).
CFR 240.19b–4(f)(1).
Frm 00069
Fmt 4703
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://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 inspection and copying in
the Commission’s Public Reference
Section, 100 F Street, NE., Washington,
DC 20549. Copies of such filing also will
be available for inspection and copying
at the principal office of OCC and on
OCC’s Web site at https://
www.optionsclearing.com. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–OCC–2005–18 and should
be submitted on or before December 29,
2005.
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.9
Jonathan G. Katz,
Secretary.
[FR Doc. 05–23801 Filed 12–7–05; 8:45 am]
BILLING CODE 8010–01–M
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52869; File No. SR–OCC–
2005–16]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change Relating to
Gasoline Index Futures
December 1, 2005.
Paper Comments
7 15
73045
Sfmt 4703
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
October 26, 2005, The Options Clearing
Corporation (‘‘OCC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change described in Items I, II, and III
below, which items have been prepared
primarily by OCC. OCC filed the
9 17
1 15
E:\FR\FM\08DEN1.SGM
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
08DEN1
73046
Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 2 and
Rule 19b–4(f)(4) thereunder 3 making
the proposal effective upon filing with
the Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested parties.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The proposed rule change would
permit OCC to clear and settle cashsettled futures contracts proposed to be
listed by the CBOE Futures Exchange
(‘‘CFE’’) that are intended to track the
price of reformulated, regular octane
gasoline sold through retail outlets
(‘‘Gasoline Index Futures’’).
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
OCC 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. OCC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.4
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
A. Gasoline Index Futures
The purpose of this rule change is to
permit OCC to clear and settle Gasoline
Index Futures contracts proposed to be
listed by CFE. Gasoline Index Futures
will have as their underlying interest
indexes of retail gasoline prices
(‘‘Gasoline Indexes’’) published by the
Energy Information Administration
(‘‘EIA’’) of the U.S. Department of
Energy. The Gasoline Indexes are
compiled and released each Monday
evening from surveys of prices at retail
gasoline outlets conducted by the EIA
each Monday morning. CFE is
proposing to list Gasoline Index Futures
on six underlying Gasoline Indexes, one
for the entire United States and one for
each of five ‘‘Petroleum Administration
for Defense Districts.’’ Gasoline Index
Futures would cease trading on the
third Friday of the expiration month
and would settle on the following
2 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(2).
4 The Commission has modified the text of the
summaries prepared by OCC.
3 17
VerDate Aug<31>2005
16:29 Dec 07, 2005
Jkt 208001
Tuesday using as a final settlement
price (a) The Gasoline Index levels
published on the Monday preceding the
settlement date multiplied by (b) a
contract multiplier of 10,500. For
example, a Gasoline Index of $3.00 per
gallon would result in a final settlement
price of $31,500.
OCC currently clears and settles
futures on stock indexes. Although
Gasoline Index Futures will be the first
non-stock index futures contracts
cleared and settled by OCC, OCC can
clear them under its existing By-Laws
and Rules applicable to clearing futures
contracts with the minor amendments
proposed in this filing. OCC will collect
margin and make variation payments
with respect to Gasoline Index Futures
as in the case of any other futures
contract. However, because the Gasoline
Indexes are published only once a week,
OCC will be required to estimate oneday volatilities in calculating initial
margin. Because OCC will estimate
volatilities conservatively, margins are
likely to be higher than if underlying
prices were available on a daily basis.
Gasoline Index Futures will be cleared
under the current clearing agreement
between OCC and CFE subject only to
the execution by OCC and CFE of a new
Schedule C listing the Gasoline Indexes
as permissible underlyings.
B. Rule Changes
The terms Broad-Based Index Future
and Narrow-Based Index Future were
defined in OCC’s rule filing permitting
it to clear security futures in a manner
that limited OCC’s futures clearing and
settlement activities to futures on
narrow-based stock indexes. There is no
longer a need to describe any such
limitation because OCC is registered
with the Commodity Futures Trading
Commission (‘‘CFTC’’) as a derivatives
clearing organization, and the
Commission and the CFTC have
previously approved rules permitting
OCC to clear commodity futures
contracts. In order to simplify OCC’s
Rules and to provide for non-stock
index futures, those terms are removed,
and the definition of ‘‘Index Future’’ is
being amended to apply to a future on
an index of securities or commodities.
Like the definition of Index Future,
Sections 4(a) and (b) of Article XII of
OCC’s By-Laws are amended so that
underlying indexes need not consist
only of indexes of securities.
A new sentence is added at the end
of Article XII, Section 4(c) to account for
the possibility that if the Gasoline
Indexes (or similar indexes not derived
from market-traded instruments)
become unavailable, a substitute index
may not be available. In that instance,
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
OCC would terminate the index future
and fix a settlement price in accordance
with Section 5, and any options on such
future would be automatically exercised
if in-the-money based on the settlement
price set by OCC. Options that were outof-the-money would terminate.
Section 5 is amended to account for
the fact that the prices that are used to
calculate Gasoline Indexes are not
derived from an organized market.
Currently, Section 5(a) assumes that the
price or value of all underlying interests
or the constituents of all underlying
indexes will be taken from organized
markets where such underlying interests
or constituents are traded. Because
different rules are necessary when the
prices or values of underlying interests
or constituents are not available from an
organized market, introductory language
is added to Section 5(a) to limit that
paragraph’s applicability to markettraded interests or constituents, and a
new paragraph (b) is added so that OCC
may act when a price or value of an
underlying interest or constituent that is
not traded on a market is unavailable.
Current paragraph (a)(2) is being
redesignated as (c)(2), and a new
provision is added to that paragraph so
that OCC may (i) fix the final settlement
price for a non-market-traded
underlying interest or constituent using
a price or value or a combination or
average of prices or values deemed
appropriate by OCC or (ii) simply fix the
final settlement price at the most
recently determined settlement price for
the future. Because in the latter case the
final settlement price would equal the
previous settlement price, no final
variation payment would be made.
The introductory paragraph to
Chapter XIII is simplified by replacing
lists of underlying interests and
contracts cleared and settled by OCC
with more generic terms incorporating
all underlying interests and all futures
and futures options OCC is permitted to
clear under its current rules. This
change conforms that paragraph to the
corresponding introductory paragraph
in Article XII.
The proposed changes to OCC’s ByLaws and Rules are consistent with
Section 17A of the Act 5 and the rules
and regulations thereunder applicable to
OCC because they are designed to
promote the prompt and accurate
clearance and settlement of derivative
transactions, to foster cooperation and
coordination with persons engaged in
the clearance and settlement of such
transactions, to remove impediments to
and perfect the mechanism of a national
system for the prompt and accurate
5 15
E:\FR\FM\08DEN1.SGM
U.S.C. 78q–1.
08DEN1
Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices
clearance and settlement of such
transactions, and, in general, to protect
investors and the public interest. The
proposed rule change is not inconsistent
with any other provision of the By-Laws
and Rules of OCC.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
OCC does not believe that the
proposed rule change would impose any
burden on competition.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were not and are
not intended to be solicited with respect
to the proposed rule change, and none
have been received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective upon filing pursuant to Section
19(b)(3)(A)(iii) of the Act 6 and Rule
19b–4(f)(4) 7 thereunder because it
effects a change in an existing service
that (i) does not adversely affect the
safeguarding of securities or funds in
the custody or control of the clearing
agency or for which it is responsible and
(ii) does not significantly affect the
respective rights or obligations of the
clearing agency or persons using the
service. At any time within sixty days
of the filing of such rule change, the
Commission may summarily abrogate
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.
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:
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303.
All submissions should refer to File
Number SR–OCC–2005–16. This file
number should be included on the
subject line if e-mail 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 Web site (https://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 inspection and copying in
the Commission’s Public Reference
Section, 100 F Street, NE., Washington,
DC 20549. Copies of such filing also will
be available for inspection and copying
at the principal office of OCC and on
OCC’s Web site at https://
www.optionsclearing.com. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–OCC–2005–16 and should
be submitted on or before December 29,
2005.
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.8
Jonathan G. Katz,
Secretary.
[FR Doc. E5–7065 Filed 12–7–05; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF STATE
Electronic Comments
[Public Notice 5242]
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml) or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–OCC–2005–16 on the
subject line.
Bureau of Educational and Cultural
Affairs (ECA) Request for Grant
Proposals: Open Competition Seeking
Professional Exchanges Programs in
Africa, East Asia, Eurasia, Europe, the
Near East, North Africa, South Asia
and the Western Hemisphere
Announcement Type: New Grant.
6 15
U.S.C. 78s(b)(3)(A)(iii).
7 17 CFR 240.19b–4(F)(4).
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16:29 Dec 07, 2005
8 17
Jkt 208001
PO 00000
CFR 200.30–3(a)(12).
Frm 00071
Fmt 4703
Sfmt 4703
73047
Funding Opportunity Number: ECA/PE/C–
06–01.
Catalog of Federal Domestic Assistance
Number: 19.415.
Key Dates:
Application Deadline: February 9, 2006.
Executive Summary: The Office of
Citizen Exchanges of the Bureau of
Educational and Cultural Affairs
announces an open competition for
grants that support exchanges and build
relationships between U.S. non-profit
organizations and civil society groups in
Africa, East Asia, Eurasia, Europe, the
Near East, North Africa, South Asia and
the Western Hemisphere. U.S. public
and non-profit organizations meeting
the provisions described in Internal
Revenue code section 26 U.S.C.
501(c)(3) may submit proposals that
support the goals of The Professional
Exchanges Program. Projects should
promote mutual understanding and
partnerships between key professional
groups in the United States and
counterpart groups in other countries
through multi-phased exchanges taking
place over one to three years. Proposals
should further transformational
democracy which seeks to encourage
and support the development of more
democratic societies and institutions,
with a view toward creating a more
stable world. To the fullest extent
possible, programs should be two-way
exchanges supporting roughly equal
numbers of participants from the U.S.
and foreign countries.
Proposed projects should promote the
transformation of institutional and
individual understanding, foster
dialogue, share expertise and develop
capacity in one of five thematic areas:
(1) Responsible Governance; (2)
Developing Professional Standards in
Media; (3) Creating Economic Growth to
Fight Poverty and Strengthen
Democracy; (4) Dialogue on Intellectual
Property or Municipal Governance as a
Device for Bridging Conflict; and (5)
Integration of Marginalized Populations,
Particularly Youth, in Western Europe.
Through these people-to-people
exchanges, the Bureau seeks to break
down stereotypes that divide peoples, to
promote good governance, to contribute
to conflict prevention and management,
and to build respect for cultural
expression and identity in a world that
is experiencing rapid globalization.
Projects should be structured to allow
American professionals and their
international counterparts in target
countries to develop a common dialogue
for dealing with shared challenges and
concerns. Projects should include
current or potential leaders who will
effect positive change in their
communities. Exchange participants
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 73045-73047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7065]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-52869; File No. SR-OCC-2005-16]
Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Gasoline Index Futures
December 1, 2005.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on October 26, 2005, The
Options Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by OCC. OCC filed the
[[Page 73046]]
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\2\ and Rule 19b-4(f)(4) thereunder \3\ making the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
parties.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78s(b)(3)(A)(iii).
\3\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The proposed rule change would permit OCC to clear and settle cash-
settled futures contracts proposed to be listed by the CBOE Futures
Exchange (``CFE'') that are intended to track the price of
reformulated, regular octane gasoline sold through retail outlets
(``Gasoline Index Futures'').
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------
\4\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
A. Gasoline Index Futures
The purpose of this rule change is to permit OCC to clear and
settle Gasoline Index Futures contracts proposed to be listed by CFE.
Gasoline Index Futures will have as their underlying interest indexes
of retail gasoline prices (``Gasoline Indexes'') published by the
Energy Information Administration (``EIA'') of the U.S. Department of
Energy. The Gasoline Indexes are compiled and released each Monday
evening from surveys of prices at retail gasoline outlets conducted by
the EIA each Monday morning. CFE is proposing to list Gasoline Index
Futures on six underlying Gasoline Indexes, one for the entire United
States and one for each of five ``Petroleum Administration for Defense
Districts.'' Gasoline Index Futures would cease trading on the third
Friday of the expiration month and would settle on the following
Tuesday using as a final settlement price (a) The Gasoline Index levels
published on the Monday preceding the settlement date multiplied by (b)
a contract multiplier of 10,500. For example, a Gasoline Index of $3.00
per gallon would result in a final settlement price of $31,500.
OCC currently clears and settles futures on stock indexes. Although
Gasoline Index Futures will be the first non-stock index futures
contracts cleared and settled by OCC, OCC can clear them under its
existing By-Laws and Rules applicable to clearing futures contracts
with the minor amendments proposed in this filing. OCC will collect
margin and make variation payments with respect to Gasoline Index
Futures as in the case of any other futures contract. However, because
the Gasoline Indexes are published only once a week, OCC will be
required to estimate one-day volatilities in calculating initial
margin. Because OCC will estimate volatilities conservatively, margins
are likely to be higher than if underlying prices were available on a
daily basis. Gasoline Index Futures will be cleared under the current
clearing agreement between OCC and CFE subject only to the execution by
OCC and CFE of a new Schedule C listing the Gasoline Indexes as
permissible underlyings.
B. Rule Changes
The terms Broad-Based Index Future and Narrow-Based Index Future
were defined in OCC's rule filing permitting it to clear security
futures in a manner that limited OCC's futures clearing and settlement
activities to futures on narrow-based stock indexes. There is no longer
a need to describe any such limitation because OCC is registered with
the Commodity Futures Trading Commission (``CFTC'') as a derivatives
clearing organization, and the Commission and the CFTC have previously
approved rules permitting OCC to clear commodity futures contracts. In
order to simplify OCC's Rules and to provide for non-stock index
futures, those terms are removed, and the definition of ``Index
Future'' is being amended to apply to a future on an index of
securities or commodities. Like the definition of Index Future,
Sections 4(a) and (b) of Article XII of OCC's By-Laws are amended so
that underlying indexes need not consist only of indexes of securities.
A new sentence is added at the end of Article XII, Section 4(c) to
account for the possibility that if the Gasoline Indexes (or similar
indexes not derived from market-traded instruments) become unavailable,
a substitute index may not be available. In that instance, OCC would
terminate the index future and fix a settlement price in accordance
with Section 5, and any options on such future would be automatically
exercised if in-the-money based on the settlement price set by OCC.
Options that were out-of-the-money would terminate.
Section 5 is amended to account for the fact that the prices that
are used to calculate Gasoline Indexes are not derived from an
organized market. Currently, Section 5(a) assumes that the price or
value of all underlying interests or the constituents of all underlying
indexes will be taken from organized markets where such underlying
interests or constituents are traded. Because different rules are
necessary when the prices or values of underlying interests or
constituents are not available from an organized market, introductory
language is added to Section 5(a) to limit that paragraph's
applicability to market-traded interests or constituents, and a new
paragraph (b) is added so that OCC may act when a price or value of an
underlying interest or constituent that is not traded on a market is
unavailable. Current paragraph (a)(2) is being redesignated as (c)(2),
and a new provision is added to that paragraph so that OCC may (i) fix
the final settlement price for a non-market-traded underlying interest
or constituent using a price or value or a combination or average of
prices or values deemed appropriate by OCC or (ii) simply fix the final
settlement price at the most recently determined settlement price for
the future. Because in the latter case the final settlement price would
equal the previous settlement price, no final variation payment would
be made.
The introductory paragraph to Chapter XIII is simplified by
replacing lists of underlying interests and contracts cleared and
settled by OCC with more generic terms incorporating all underlying
interests and all futures and futures options OCC is permitted to clear
under its current rules. This change conforms that paragraph to the
corresponding introductory paragraph in Article XII.
The proposed changes to OCC's By-Laws and Rules are consistent with
Section 17A of the Act \5\ and the rules and regulations thereunder
applicable to OCC because they are designed to promote the prompt and
accurate clearance and settlement of derivative transactions, to foster
cooperation and coordination with persons engaged in the clearance and
settlement of such transactions, to remove impediments to and perfect
the mechanism of a national system for the prompt and accurate
[[Page 73047]]
clearance and settlement of such transactions, and, in general, to
protect investors and the public interest. The proposed rule change is
not inconsistent with any other provision of the By-Laws and Rules of
OCC.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------
(B) Self-Regulatory Organization's Statement on Burden on Competition
OCC does not believe that the proposed rule change would impose any
burden on competition.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(4) \7\
thereunder because it effects a change in an existing service that (i)
does not adversely affect the safeguarding of securities or funds in
the custody or control of the clearing agency or for which it is
responsible and (ii) does not significantly affect the respective
rights or obligations of the clearing agency or persons using the
service. At any time within sixty days of the filing of such rule
change, the Commission may summarily abrogate 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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\6\ 15 U.S.C. 78s(b)(3)(A)(iii).
\7\ 17 CFR 240.19b-4(F)(4).
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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:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml) or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-OCC-2005-16 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
All submissions should refer to File Number SR-OCC-2005-16. This
file number should be included on the subject line if e-mail 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 Web site (https://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 inspection
and copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of OCC and on OCC's
Web site at https://www.optionsclearing.com. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-OCC-2005-16 and should be submitted on
or before December 29, 2005.
For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-7065 Filed 12-7-05; 8:45 am]
BILLING CODE 8010-01-P
