Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Proposed Rule Change To Permit the Executive Chairman, the President or a Delegate of Such Officer To Approve Requests by a Hedge Clearing Member To Become a Market Loan Clearing Member, 65277-65279 [2014-26009]
Download as PDF
Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–26006 Filed 10–31–14; 8:45 am]
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CME–2014–46 on the subject line.
Paper Comments
mstockstill on DSK4VPTVN1PROD with NOTICES
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CME–2014–46. 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 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 Web site 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 such
filings will also be available for
inspection and copying at the principal
office of CME and on CME’s Web site at
https://www.cmegroup.com/marketregulation/rule-filings.html.
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–CME–2014–46 and should
be submitted on or before November 24,
2014.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73449; File No. SR–OCC–
2014–19 ]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing of Proposed Rule Change To
Permit the Executive Chairman, the
President or a Delegate of Such Officer
To Approve Requests by a Hedge
Clearing Member To Become a Market
Loan Clearing Member
October 28, 2014.
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 October
24, 2014, The Options Clearing
Corporation (‘‘OCC’’) 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 OCC. The Commission is publishing
this notice to solicit comments on the
proposed rule change from interested
persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
This proposed rule change by OCC
would amend OCC’s By-Laws to permit
the Executive Chairman, the President
or a delegate of such officer to approve
requests by a Hedge Clearing Member to
become a Market Loan Clearing
Member, provided that such delegate is
an officer of the rank of Senior Vice
President or higher.
II. Clearing Agency’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),
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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17:37 Oct 31, 2014
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65277
and (C) below, of the most significant
aspects of these statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
1. Purpose
The purpose of this proposed rule
change is permit the Executive
Chairman, the President or their
delegate to approve business expansion
requests of Hedge Clearing Members 3 to
become Market Loan Clearing
Members.4 Delegates of the Executive
Chairman and/or the President must be
an officer of the rank of Senior Vice
President or higher. Currently, OCC’s
By-Laws require that requests of a
Hedge Clearing Member to become a
Market Loan Clearing Member be
processed through OCC’s business
expansion process, which involves
review and approval by OCC’s Risk
Committee (‘‘Committee’’). As described
below, this type of business expansion
request is operational and
administrative in nature and OCC does
not believe review and approval of this
type of business expansion request
requires the Committee to assess the risk
of such designation. Accordingly, OCC
proposes to amend its rules to permit
the Executive Chairman, the President,
or their delegate to approve business
expansion requests of Hedge Clearing
Members to become Market Loan
Clearing Members without further
review by the Committee, provided that
any delegate be an officer of the rank of
Senior Vice President or higher.
By way of background, the Committee
is responsible for reviewing and
approving clearing member requests to
clear a type or a kind of transaction for
which it is not currently approved to
clear through OCC (i.e., a business
expansion request).5 The Committee has
delegated the Executive Chairman, the
Management Vice Chairman, the
President, or their delegate with
authority to review and approve
business expansion requests in response
to requests by clearing members for
expedited review. Such approval is then
subject to the Committee’s review and
ratification at its next regularly
scheduled meeting. If a clearing member
does not request expedited review of a
business expansion request then such
request will be reviewed by the
Committee at a regularly scheduled
3 See OCC By-Laws, Article 1.H(1). See also, OCC
By-Laws, Article V, Section 1, Interpretation and
Policy .07.
4 See OCC By-Laws, Article 1.M(4). See also, OCC
By-Laws, Article V, Section 1, Interpretation and
Policy .07A.
5 See OCC By-Laws, Article V, Section 1,
Interpretation and Policy .03(e).
E:\FR\FM\03NON1.SGM
03NON1
mstockstill on DSK4VPTVN1PROD with NOTICES
65278
Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
meeting of the Committee, and not by
the Executive Chairman, the
Management Vice Chairman, the
President, or their delegate.
In the case of a Hedge Clearing
Member requesting a business
expansion in order to be approved as
Market Loan Clearing Member, the
clearing member will have already been
subject a robust risk review by the
Committee concerning such clearing
member’s ability to participate in stock
loan activity at OCC. Accordingly, the
review of the Market Loan business
expansion request by either the
Committee and/or the Executive
Chairman, the Management Vice
Chairman, the President, or their
delegate would be primarily operational
in nature and involve ensuring that the
clearing member: (1) Is a U.S. Clearing
Member, (2) is a member of a Loan
Market,6 (3) is a participant of the
Depository Trust Company and has
executed certain agreements with the
Depository Trust Company, and (4)
executes applicable agreements with
OCC.7 The Committee and/or the
Executive Chairman, the Management
Vice Chairman, the President, or their
delegate would also review the current
financial risk profile of the clearing
member in connection with the business
expansion request in order to verify that
the clearing member continues to meet
OCC’s financial requirements. OCC
believes that a second risk review by the
Committee would be duplicative
because the Committee has already
analyzed and approved the clearing
member’s ability to participate in stock
loan activity at OCC. In addition, OCC
does not believe that review and
approval of this type of business
expansion request is an appropriate use
of the Committee’s time given other,
more substantive, issues the Committee
must consider. Therefore, OCC proposes
to amend Article V, Section 1,
Interpretation and Policy .03 of its ByLaws to provide the Executive
Chairman, the President, or their
delegate with the authority to approve
the business expansion requests of
Hedge Clearing Members to become
Market Loan Clearing Members without
further review by the Committee,
provided that any delegate be an officer
of the rank of Senior Vice President or
higher. OCC will implement appropriate
procedures to ensure that Hedge
Clearing Members meet the
requirements to become Market Loan
OCC By-Laws, Article 1.L(5).
OCC By-Laws, Article V, Section 1,
Interpretation and Policy .07A.
Clearing Members and participate and
the Market Loan Program.
2. Statutory Basis
OCC believes that the proposed rule
change is consistent with Section
17A(b)(3)(F) of Act 8 because it is
designed to remove impediments to a
national system for the prompt and
accurate clearance and settlement of
securities transactions through the
removal of administrative and
ministerial obligations of the
Committee. By providing the Executive
Chairman, the President or their
delegate the authority to review and
approve the business expansion
requests of Hedge Clearing Members
that would like to become Market Loan
Clearing Members without further
review by the Committee, clearing
members and their customers will not
be subject to an additional and timeconsuming review by the Committee. In
addition, the proposed rule change will
allow the Committee to focus on
substantive risk issues. The proposed
rule change is not inconsistent with any
rules of OCC, including those proposed
to be amended.
(B) Clearing Agency’s Statement on
Burden on Competition
OCC does not believe that the
proposed rule change would impose a
burden on competition.9 The proposed
rule change will ensure that OCC may
provide timely and efficient services to
its clearing members because it will
remove administrative and ministerial
steps associated with certain types of
business expansion requests. The
proposed rule change will apply to all
clearing members and will not
substantively change the requirements
for Hedge Clearing Member to be
approved as Market Loan Clearing
Members. The Committee’s review and
approval of a Market Loan Clearing
Member business expansion requests
from a Hedge Clearing Member would
be duplicative of prior action by the
Committee since a Market Loan Clearing
Member must first be approved as a
Hedge Clearing Member, and the
Committee will have already considered
substantive issues concerning a clearing
member’s ability to participate in stock
loan activity cleared through OCC when
the clearing member was designated as
a Hedge Clearing Member. Accordingly,
OCC does not believe that the proposed
rule will impose any burden on
competition.
6 See
7 See,
VerDate Sep<11>2014
17:37 Oct 31, 2014
Jkt 235001
8 15
9 15
PO 00000
U.S.C. 78q–1(b)(3)(F).
U.S.C. 78q–1(b)(3)(I).
Frm 00104
Fmt 4703
Sfmt 4703
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
Written comments on the proposed
rule change 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
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be 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 Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
OCC–2014–19 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–OCC–2014–19. 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 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
E:\FR\FM\03NON1.SGM
03NON1
Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site 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 OCC and on OCC’s Web site at
https://www.theocc.com/components/
docs/legal/rules_and_bylaws/sr_occ_14_
19.pdf.
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–2014–19 and should
be submitted on or before November 24,
2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–26009 Filed 10–31–14; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73452; File No. SR–BX–
2014–054]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to
Billing Policy
mstockstill on DSK4VPTVN1PROD with NOTICES
October 28, 2014.
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 October
24, 2014, NASDAQ OMX BX, Inc. (‘‘BX’’
or ‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
1. Purpose
The purpose of the proposed rule
change is to amend Rule 7011, which
was recently filed,3 to require all pricing
disputes to be submitted to the
Exchange in writing 4 and accompanied
by supporting documentation within
sixty days of receipt of an invoice. The
Exchange believes that this practice will
conserve Exchange resources which are
expended when untimely billing
disputes require staff to research
applicable fees and order information
beyond two months after the transaction
occurred.
The sixty days would first apply to
invoices related to transactional billing
in December 2014 and would apply
thereafter.5 The Exchange proposes to
apply the billing policy in Rule 7011 to
the following 7000 series Rules: 7001
(Membership Fees), 7015 (Access
Services), 7016 (BX Pre-Trade Risk
Management), 7018 (NASDAQ OMX BX
Equities System Order Execution and
Routing), 7021 (BX Trading and
3 See
SR–BX–2014–050.
Exchange invoice specifies the Exchange
contact persons with whom to dispute the invoice.
5 This proposal would not apply to invoices
related to November 2014 billing.
Compliance Data Package Fee), 7027
(Aggregation of Activity of Affiliated
Members), 7029 (Installation, Removal
or Relocation), 7030 (Other Services),
7034 (Co-Location Services), 7051
(Direct Connectivity to BX), 7055 (Short
Sale Monitor), 7058 (QView).
Further, this proposal would provide
a cost savings to the Exchange in that it
would alleviate administrative
processes related to the untimely review
of billing disputes which divert staff
resources away from the Exchange’s
regulatory and business purposes.
In addition, the Exchange proposes to
amend the title of Exchange Rule 7011
from ‘‘Collection of Exchange Fees and
Other Claims’’ to ‘‘Collection of
Exchange Fees and Other Claims and
Billing Policy.’’ The Exchange believes
that the proposed title provides a more
specific description of Rule 7011.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 6 in general, and furthers the
objectives of Section 6(b)(5) of the Act 7
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
investors and the public interest, by
providing a uniform practice for
disputing fees.
The Exchange believes the
requirement that all pricing disputes, for
certain specified fees and rebates, must
be submitted to the Exchange within
sixty days from receipt of the invoice
will provide its members with guidance
on disputing pricing. The proposal
equally applies to all BX members. Also,
the Exchange’s administrative costs
would be lowered as a result of this
policy because staff resources would not
be diverted to review untimely requests
regarding billing.
The Exchange believes that sixty days
is ample time to review an invoice and
dispute any pricing related to the
transactions for that time period. This
policy applies today with respect to BX
Options billing.8 The Exchange is
seeking to apply this policy to all BX
members alike in the same manner.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
4 The
10 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
17:37 Oct 31, 2014
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange 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
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
BILLING CODE 8011–01–P
VerDate Sep<11>2014
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Exchange Rule 7011, and re-title it
‘‘Collection of Exchange Fees and Other
Claims and Billing Policy,’’ and to
require BX members to submit billing
disputes within a certain time period.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqomxbx.
cchwallstreet.com, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
65279
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6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 See Chapter XV, Section 7 in the BX Rules.
7 15
E:\FR\FM\03NON1.SGM
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Agencies
[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65277-65279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26009]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73449; File No. SR-OCC-2014-19 ]
Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change To Permit the Executive
Chairman, the President or a Delegate of Such Officer To Approve
Requests by a Hedge Clearing Member To Become a Market Loan Clearing
Member
October 28, 2014.
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 October 24, 2014, The Options Clearing Corporation (``OCC'') 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 OCC. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
This proposed rule change by OCC would amend OCC's By-Laws to
permit the Executive Chairman, the President or a delegate of such
officer to approve requests by a Hedge Clearing Member to become a
Market Loan Clearing Member, provided that such delegate is an officer
of the rank of Senior Vice President or higher.
II. Clearing Agency'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.
(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
1. Purpose
The purpose of this proposed rule change is permit the Executive
Chairman, the President or their delegate to approve business expansion
requests of Hedge Clearing Members \3\ to become Market Loan Clearing
Members.\4\ Delegates of the Executive Chairman and/or the President
must be an officer of the rank of Senior Vice President or higher.
Currently, OCC's By-Laws require that requests of a Hedge Clearing
Member to become a Market Loan Clearing Member be processed through
OCC's business expansion process, which involves review and approval by
OCC's Risk Committee (``Committee''). As described below, this type of
business expansion request is operational and administrative in nature
and OCC does not believe review and approval of this type of business
expansion request requires the Committee to assess the risk of such
designation. Accordingly, OCC proposes to amend its rules to permit the
Executive Chairman, the President, or their delegate to approve
business expansion requests of Hedge Clearing Members to become Market
Loan Clearing Members without further review by the Committee, provided
that any delegate be an officer of the rank of Senior Vice President or
higher.
---------------------------------------------------------------------------
\3\ See OCC By-Laws, Article 1.H(1). See also, OCC By-Laws,
Article V, Section 1, Interpretation and Policy .07.
\4\ See OCC By-Laws, Article 1.M(4). See also, OCC By-Laws,
Article V, Section 1, Interpretation and Policy .07A.
---------------------------------------------------------------------------
By way of background, the Committee is responsible for reviewing
and approving clearing member requests to clear a type or a kind of
transaction for which it is not currently approved to clear through OCC
(i.e., a business expansion request).\5\ The Committee has delegated
the Executive Chairman, the Management Vice Chairman, the President, or
their delegate with authority to review and approve business expansion
requests in response to requests by clearing members for expedited
review. Such approval is then subject to the Committee's review and
ratification at its next regularly scheduled meeting. If a clearing
member does not request expedited review of a business expansion
request then such request will be reviewed by the Committee at a
regularly scheduled
[[Page 65278]]
meeting of the Committee, and not by the Executive Chairman, the
Management Vice Chairman, the President, or their delegate.
---------------------------------------------------------------------------
\5\ See OCC By-Laws, Article V, Section 1, Interpretation and
Policy .03(e).
---------------------------------------------------------------------------
In the case of a Hedge Clearing Member requesting a business
expansion in order to be approved as Market Loan Clearing Member, the
clearing member will have already been subject a robust risk review by
the Committee concerning such clearing member's ability to participate
in stock loan activity at OCC. Accordingly, the review of the Market
Loan business expansion request by either the Committee and/or the
Executive Chairman, the Management Vice Chairman, the President, or
their delegate would be primarily operational in nature and involve
ensuring that the clearing member: (1) Is a U.S. Clearing Member, (2)
is a member of a Loan Market,\6\ (3) is a participant of the Depository
Trust Company and has executed certain agreements with the Depository
Trust Company, and (4) executes applicable agreements with OCC.\7\ The
Committee and/or the Executive Chairman, the Management Vice Chairman,
the President, or their delegate would also review the current
financial risk profile of the clearing member in connection with the
business expansion request in order to verify that the clearing member
continues to meet OCC's financial requirements. OCC believes that a
second risk review by the Committee would be duplicative because the
Committee has already analyzed and approved the clearing member's
ability to participate in stock loan activity at OCC. In addition, OCC
does not believe that review and approval of this type of business
expansion request is an appropriate use of the Committee's time given
other, more substantive, issues the Committee must consider. Therefore,
OCC proposes to amend Article V, Section 1, Interpretation and Policy
.03 of its By-Laws to provide the Executive Chairman, the President, or
their delegate with the authority to approve the business expansion
requests of Hedge Clearing Members to become Market Loan Clearing
Members without further review by the Committee, provided that any
delegate be an officer of the rank of Senior Vice President or higher.
OCC will implement appropriate procedures to ensure that Hedge Clearing
Members meet the requirements to become Market Loan Clearing Members
and participate and the Market Loan Program.
---------------------------------------------------------------------------
\6\ See OCC By-Laws, Article 1.L(5).
\7\ See, OCC By-Laws, Article V, Section 1, Interpretation and
Policy .07A.
---------------------------------------------------------------------------
2. Statutory Basis
OCC believes that the proposed rule change is consistent with
Section 17A(b)(3)(F) of Act \8\ because it is designed to remove
impediments to a national system for the prompt and accurate clearance
and settlement of securities transactions through the removal of
administrative and ministerial obligations of the Committee. By
providing the Executive Chairman, the President or their delegate the
authority to review and approve the business expansion requests of
Hedge Clearing Members that would like to become Market Loan Clearing
Members without further review by the Committee, clearing members and
their customers will not be subject to an additional and time-consuming
review by the Committee. In addition, the proposed rule change will
allow the Committee to focus on substantive risk issues. The proposed
rule change is not inconsistent with any rules of OCC, including those
proposed to be amended.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
(B) Clearing Agency's Statement on Burden on Competition
OCC does not believe that the proposed rule change would impose a
burden on competition.\9\ The proposed rule change will ensure that OCC
may provide timely and efficient services to its clearing members
because it will remove administrative and ministerial steps associated
with certain types of business expansion requests. The proposed rule
change will apply to all clearing members and will not substantively
change the requirements for Hedge Clearing Member to be approved as
Market Loan Clearing Members. The Committee's review and approval of a
Market Loan Clearing Member business expansion requests from a Hedge
Clearing Member would be duplicative of prior action by the Committee
since a Market Loan Clearing Member must first be approved as a Hedge
Clearing Member, and the Committee will have already considered
substantive issues concerning a clearing member's ability to
participate in stock loan activity cleared through OCC when the
clearing member was designated as a Hedge Clearing Member. Accordingly,
OCC does not believe that the proposed rule will impose any burden on
competition.
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\9\ 15 U.S.C. 78q-1(b)(3)(I).
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
Written comments on the proposed rule change 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
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve or disapprove the proposed rule change, or
(B) institute proceedings to determine whether the proposed rule
change should be 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 Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-OCC-2014-19 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-OCC-2014-19. 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 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
[[Page 65279]]
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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 OCC and on OCC's
Web site at https://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_14_19.pdf.
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-2014-19
and should be submitted on or before November 24, 2014.
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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-26009 Filed 10-31-14; 8:45 am]
BILLING CODE 8011-01-P