Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Regarding Ownership and Control Reports, 7518-7520 [2015-02643]
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7518
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices
Additionally, these complex orders will
trade in the same manner as, including
in accordance with allocation, priority
and pricing rules applicable to, complex
orders that brokers receive from
customers with individual leg prices.
All complex orders must continue to
satisfy eligibility requirements in the
rules to receive complex order priority
and other complex order treatment.
While the proposed rule change
provides customers with benefits, the
Exchange believes it is appropriate to
ensure price improvement accrues to
customers because they send orders
from off the Exchange and are not in a
position to adjust their prices like the
market participants on the floor
executing the orders. In addition, the
proposed rule change is consistent with
the a long-established history in the
options industry of providing beneficial
treatment to customers in various
circumstances (such as providing for
public customer priority in trade
allocations) for the purpose of
encouraging continuing customer
investment. CBOE does not believe that
the proposed rule change will impose
any burden on intermarket competition
because the proposed rule change
relates to the form in which customer
orders may be presented to the
Exchange for execution, not how orders
may be allocated or prioritized. To the
extent the proposed change makes
CBOE a more attractive marketplace for
customers to submit orders, those
customers may elect to become CBOE
market participants.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
rljohnson on DSK3VPTVN1PROD with NOTICES
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 Exchange consents, the Commission
will:
A. By order approve or disapprove
such proposed rule change, or
B. institute proceedings to determine
whether the proposed rule change
should be disapproved.
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15:20 Feb 09, 2015
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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 email to rule-comments@
sec.gov. Please include File Number SR–
CBOE–2015–010 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–CBOE–2015–010. 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 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;
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–CBOE–
2015–010 and should be submitted on
or before March 3, 2015.
PO 00000
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015–02641 Filed 2–9–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74204; File No. SR–CFE–
2015–001]
Self-Regulatory Organizations; CBOE
Futures Exchange, LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change Regarding
Ownership and Control Reports
February 4, 2015.
Pursuant to Section 19(b)(7) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
January 28, 2015 CBOE Futures
Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change described in
Items I, II, and III below, which Items
have been prepared by CFE. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons. CFE
also has filed this proposed rule change
with the Commodity Futures Trading
Commission (‘‘CFTC’’). CFE filed a
written certification with the CFTC
under Section 5c(c) of the Commodity
Exchange Act (‘‘CEA’’) 2 on January 28,
2015.
I. Self-Regulatory Organization’s
Description of the Proposed Rule
Change
The Exchange proposes to amend its
rule related to reportable positions. The
scope of this filing is limited solely to
the application of the rule amendments
to security futures traded on CFE. The
only security futures currently traded on
CFE are traded under Chapter 16 of
CFE’s Rulebook which is applicable to
Individual Stock Based and ExchangeTraded Fund Based Volatility Index
security futures. The text of the
proposed rule change is attached as
Exhibit 4 to the filing but is not attached
to the publication of this notice.
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(7).
2 7 U.S.C. 7a–2(c).
1 15
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10FEN1
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, CFE
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. CFE has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
rljohnson on DSK3VPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed CFE rule
amendments included as part of this
rule change is to amend CFE Rule 412B
(Reportable Positions): (i) To require
that CFE Trading Privilege Holders
(‘‘TPHs’’) and non-TPHs must, in a form
and manner prescribed by the Exchange,
concurrently file with the Exchange a
copy of all submissions required by the
CFTC pursuant to the Final Rule
adopted by the CFTC under the caption
Ownership and Control Reports (‘‘new
OCR Rule’’)3; and (ii) to require that
TPHs that are not CFE clearing members
report to the Exchange certain
information that the new OCR Rule
requires for TPHs that are clearing
members. The rule amendments
included as part of this rule change are
to apply to all products traded on CFE,
including both non-security futures and
security futures. CFE is making these
rule amendments in conjunction with
other rule amendments to CFE Rules
that are not required to be submitted to
the Commission pursuant to Section
19(b)(7) of the Act 4 and thus are not
included as part of this rule change.
CFE currently requires TPHs and nonTPHs to report to the Exchange, in a
form and manner prescribed by the
Exchange, reportable positions and
related information relating to Exchange
contracts that TPHs and non-TPHs are
required to report to the CFTC under the
CFTC’s prior reporting rules. The new
OCR Rule revises the information that
TPHs and non-TPHs are required to
report to the CFTC, including, among
other things, a new CFTC Form 102
(Identification of Special Accounts,
Volume Threshold Accounts, and
Consolidated Accounts), which includes
a new CFTC Form 102A (Identifying
3 78
4 15
FR 69178 (Nov. 18, 2013).
U.S.C. 78s(b)(7).
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15:20 Feb 09, 2015
Jkt 235001
and reporting a special account) and a
new CFTC Form 102B (Identifying and
reporting a volume threshold account),
and a new CFTC Form 71 (Identification
of Omnibus Accounts and SubAccounts). In order for CFE to receive
these new Forms relating to Exchange
contracts that TPHs and non-TPHs will
be required to report to the CFTC under
the new OCR Rule, CFE is amending
Rule 412B to expressly require TPHs
and non-TPHs to file these new Forms
with CFE concurrently with filing them
to the CFTC. In addition, CFE is
amending Rule 412B to require TPHs
that are not clearing members (and are
not covered under the new OCR Rule)
to report certain information that relates
to the identification and reporting of
special accounts to the Exchange. CFE
already requires that TPHs that are not
clearing members report this type of
information under existing CFE Rule
412B(a). To require TPHs that are not
clearing members to continue to report
certain information to CFE that is
consistent with what they already report
to CFE in this regard, CFE is proposing
to add CFE Rule 412B(c) to make this
clear.
Specifically, CFE is proposing to
amend the title of CFE Rule 412B
(Reportable Positions) by replacing the
currently existing rule title with CFE
Rule 412B (Ownership and Control
Reports). This change incorporates the
title of the new OCR Rule.
CFE is proposing to replace CFE Rule
412B(a) to reflect the new OCR Rule.
CFE Rule 412B(a) currently provides
that all TPHs shall report to the
Exchange in a form and manner
prescribed by the Exchange reportable
positions and related information
relating to Exchange contracts that TPHs
are required to report to the CFTC
pursuant to CFTC regulations. The
amendments replace this language and
provide that each TPH shall, in a form
and manner prescribed by the Exchange,
concurrently file with the Exchange a
copy of all CFTC Form 102 (including
CFTC Form 102A and CFTC Form 102B)
and CFTC Form 71 submissions
(including any attachments, related
submissions, or related information)
relating to Exchange Contracts that each
TPH is required to report to the CFTC
pursuant to CFTC regulations.
CFE is also proposing to replace CFE
Rule 412B(b) to reflect the new OCR
Rule. CFE Rule 412B(b) currently
provides that any Person (which is
defined in CFE Rule 155 5) that is not a
5 CFE
Rule 155 defines Person to mean any
natural person, association, partnership, limited
liability company, joint venture, trust or
corporation.
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
7519
TPH and that is required to report to the
CFTC pursuant to CFTC regulations
reportable positions and related
information relating to Exchange
contracts shall report the foregoing
reportable positions and related
information to the Exchange in a form
and manner prescribed by the Exchange.
The amendments replace this language
and provide that any Person that is not
a TPH and that is required to make to
the CFTC pursuant to CFTC regulations
CFTC Form 102 (including CFTC Form
102A and CFTC Form 102B) or CFTC
Form 71 submissions (including any
attachments, related submissions, or
related information) relating to
Exchange contracts shall concurrently
file with the Exchange copies of all of
the foregoing CFTC Form 102 (including
CFTC Form 102A, CFTC Form 102B,
and CFTC Form 102S) or CFTC Form 71
submissions (including any
attachments, related submissions, or
related information) in a form and
manner prescribed by the Exchange.
CFE is proposing to amend CFE Rule
412B to add CFE Rule 412B(c) to require
that each TPH that is a not a clearing
member shall, in a form and manner
prescribed by the Exchange, report to
the Exchange the same information
regarding the identification and
reporting of special accounts relating to
Exchange contracts that each TPH that
is a clearing member is required to
report to the CFTC pursuant to CFTC
regulations.
Lastly, CFE is proposing to amend the
contract specifications for its security
futures products to reflect the new OCR
Rule’s definition of reportable trading
volume as trading volume of 50 or more
contracts, during a single trading day,
on a single reporting market that is a
designated contract market or swap
execution facility, in all instruments
that such reporting market designates
with the same product identifier.
Specifically, CFE is amending CFE Rule
1602(n) to provide, ‘‘Pursuant to
Commission Regulation § 15.04 and
Commission Regulation Part 17, the
trading volume that is required to be
reported to the Commission is 50 or
more futures contracts in a Volatility
Index futures contract during a single
trading day.’’ 6
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
6 CFE Rule 1601 defines Volatility Index futures
contracts as Individual Stock Based and ExchangeTraded Fund Based Volatility Index security futures
contracts and provides a list of the Volatility Index
futures contracts that CFE may list for trading.
E:\FR\FM\10FEN1.SGM
10FEN1
7520
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices
Section 6(b) of the Act,7 in general, and
furthers the objectives of Sections
6(b)(5) 8 and 6(b)(7) 9 in particular in
that it is designed:
• To prevent fraudulent and
manipulative acts and practices,
• to promote just and equitable
principles of trade,
• to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities,
• 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.
The Exchange believes that the
proposed rule change will strengthen its
ability to carry out its responsibilities as
a self-regulatory organization. CFE must
receive the information that TPHs and
non-TPHs provide to the CFTC under
the new OCR Rule in order to carry out
CFE’s market surveillance program. For
this same reason, CFE also must receive
the information that TPHs that are not
clearing members provide to the CFTC
regarding the identification and
reporting of special accounts that TPHs
that clearing members must provide to
the CFTC under the OCR Rule. In
addition, the amendments expressly
provide that these TPHs and non-TPHs
must provide this information in the
form and manner prescribed by the
Exchange, which will allow the
information’s seamless integration into
the Exchange’s market surveillance
program and systems utilized by CFE
and its regulatory services provider.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
rljohnson on DSK3VPTVN1PROD with NOTICES
CFE does not believe that the
proposed rule change will impose any
burden on competition not necessary or
appropriate in furtherance of the
purposes of the Act, in that the rule
change enhances CFE’s market
surveillance program. The Exchange
believes that the proposed rule change
is equitable and not unfairly
discriminatory because the amendments
would apply equally to all TPHs and
non-TPHs that are subject to the
applicable requirements.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
7 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
9 15 U.S.C. 78f(b)(7).
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change will
become effective on or after February
11, 2015, on a date to be announced by
the Exchange through the issuance of a
circular. The Exchange will make the
effective date of the rule change
consistent with the timing of the
implementation of the new OCR Rule by
the CFTC.
At any time within 60 days of the date
of effectiveness of the proposed rule
change, the Commission, after
consultation with the CFTC, may
summarily abrogate the proposed rule
change and require that the proposed
rule change be refiled in accordance
with the provisions of Section 19(b)(1)
of the Act.10
IV. Solicitation of Comments
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
filing also will be available for
inspection and copying at the principal
offices of the Exchange. 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–CFE–
2015–001, and should be submitted on
or before March 3, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Brent J. Fields,
Secretary.
[FR Doc. 2015–02643 Filed 2–9–15; 8:45 am]
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–
CFE–2015–001 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–CFE–2015–001. 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
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In the Matter of Med Pro Venture
Capital, Inc; Order of Suspension of
Trading
February 6, 2015.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Med Pro
Venture Capital, Inc., f/k/a Modern PVC,
Inc. because of questions regarding the
accuracy of publicly available
information about the company’s
operations, including questions about
the accuracy of statements in a company
press release dated January 12, 2015 and
a paid analyst’s report issued on January
9, 2015 describing a strategic
partnership with GO CNG technologies.
Med Pro Venture Capital, Inc. is a
Nevada corporation with its principal
place of business located in Scottsdale,
Arizona. Its stock is quoted on OTC
Link, operated by OTC Markets Group
Inc., under the ticker: MPVC.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
company.
Therefore, It Is Ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed company is
suspended for the period from 9:30 a.m.
8 15
VerDate Sep<11>2014
15:20 Feb 09, 2015
10 15
Jkt 235001
PO 00000
U.S.C. 78s(b)(1).
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11 17
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CFR 200.30–3(a)(12).
10FEN1
Agencies
[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Pages 7518-7520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02643]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74204; File No. SR-CFE-2015-001]
Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Regarding Ownership and Control Reports
February 4, 2015.
Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on January 28, 2015 CBOE
Futures Exchange, LLC (``CFE'' or ``Exchange'') filed with the
Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change described in Items I, II, and III below, which
Items have been prepared by CFE. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons. CFE also has filed this proposed rule change with the
Commodity Futures Trading Commission (``CFTC''). CFE filed a written
certification with the CFTC under Section 5c(c) of the Commodity
Exchange Act (``CEA'') \2\ on January 28, 2015.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(7).
\2\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Description of the Proposed Rule
Change
The Exchange proposes to amend its rule related to reportable
positions. The scope of this filing is limited solely to the
application of the rule amendments to security futures traded on CFE.
The only security futures currently traded on CFE are traded under
Chapter 16 of CFE's Rulebook which is applicable to Individual Stock
Based and Exchange-Traded Fund Based Volatility Index security futures.
The text of the proposed rule change is attached as Exhibit 4 to the
filing but is not attached to the publication of this notice.
[[Page 7519]]
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, CFE 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. CFE 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
1. Purpose
The purpose of the proposed CFE rule amendments included as part of
this rule change is to amend CFE Rule 412B (Reportable Positions): (i)
To require that CFE Trading Privilege Holders (``TPHs'') and non-TPHs
must, in a form and manner prescribed by the Exchange, concurrently
file with the Exchange a copy of all submissions required by the CFTC
pursuant to the Final Rule adopted by the CFTC under the caption
Ownership and Control Reports (``new OCR Rule'')\3\; and (ii) to
require that TPHs that are not CFE clearing members report to the
Exchange certain information that the new OCR Rule requires for TPHs
that are clearing members. The rule amendments included as part of this
rule change are to apply to all products traded on CFE, including both
non-security futures and security futures. CFE is making these rule
amendments in conjunction with other rule amendments to CFE Rules that
are not required to be submitted to the Commission pursuant to Section
19(b)(7) of the Act \4\ and thus are not included as part of this rule
change.
---------------------------------------------------------------------------
\3\ 78 FR 69178 (Nov. 18, 2013).
\4\ 15 U.S.C. 78s(b)(7).
---------------------------------------------------------------------------
CFE currently requires TPHs and non-TPHs to report to the Exchange,
in a form and manner prescribed by the Exchange, reportable positions
and related information relating to Exchange contracts that TPHs and
non-TPHs are required to report to the CFTC under the CFTC's prior
reporting rules. The new OCR Rule revises the information that TPHs and
non-TPHs are required to report to the CFTC, including, among other
things, a new CFTC Form 102 (Identification of Special Accounts, Volume
Threshold Accounts, and Consolidated Accounts), which includes a new
CFTC Form 102A (Identifying and reporting a special account) and a new
CFTC Form 102B (Identifying and reporting a volume threshold account),
and a new CFTC Form 71 (Identification of Omnibus Accounts and Sub-
Accounts). In order for CFE to receive these new Forms relating to
Exchange contracts that TPHs and non-TPHs will be required to report to
the CFTC under the new OCR Rule, CFE is amending Rule 412B to expressly
require TPHs and non-TPHs to file these new Forms with CFE concurrently
with filing them to the CFTC. In addition, CFE is amending Rule 412B to
require TPHs that are not clearing members (and are not covered under
the new OCR Rule) to report certain information that relates to the
identification and reporting of special accounts to the Exchange. CFE
already requires that TPHs that are not clearing members report this
type of information under existing CFE Rule 412B(a). To require TPHs
that are not clearing members to continue to report certain information
to CFE that is consistent with what they already report to CFE in this
regard, CFE is proposing to add CFE Rule 412B(c) to make this clear.
Specifically, CFE is proposing to amend the title of CFE Rule 412B
(Reportable Positions) by replacing the currently existing rule title
with CFE Rule 412B (Ownership and Control Reports). This change
incorporates the title of the new OCR Rule.
CFE is proposing to replace CFE Rule 412B(a) to reflect the new OCR
Rule. CFE Rule 412B(a) currently provides that all TPHs shall report to
the Exchange in a form and manner prescribed by the Exchange reportable
positions and related information relating to Exchange contracts that
TPHs are required to report to the CFTC pursuant to CFTC regulations.
The amendments replace this language and provide that each TPH shall,
in a form and manner prescribed by the Exchange, concurrently file with
the Exchange a copy of all CFTC Form 102 (including CFTC Form 102A and
CFTC Form 102B) and CFTC Form 71 submissions (including any
attachments, related submissions, or related information) relating to
Exchange Contracts that each TPH is required to report to the CFTC
pursuant to CFTC regulations.
CFE is also proposing to replace CFE Rule 412B(b) to reflect the
new OCR Rule. CFE Rule 412B(b) currently provides that any Person
(which is defined in CFE Rule 155 \5\) that is not a TPH and that is
required to report to the CFTC pursuant to CFTC regulations reportable
positions and related information relating to Exchange contracts shall
report the foregoing reportable positions and related information to
the Exchange in a form and manner prescribed by the Exchange. The
amendments replace this language and provide that any Person that is
not a TPH and that is required to make to the CFTC pursuant to CFTC
regulations CFTC Form 102 (including CFTC Form 102A and CFTC Form 102B)
or CFTC Form 71 submissions (including any attachments, related
submissions, or related information) relating to Exchange contracts
shall concurrently file with the Exchange copies of all of the
foregoing CFTC Form 102 (including CFTC Form 102A, CFTC Form 102B, and
CFTC Form 102S) or CFTC Form 71 submissions (including any attachments,
related submissions, or related information) in a form and manner
prescribed by the Exchange.
---------------------------------------------------------------------------
\5\ CFE Rule 155 defines Person to mean any natural person,
association, partnership, limited liability company, joint venture,
trust or corporation.
---------------------------------------------------------------------------
CFE is proposing to amend CFE Rule 412B to add CFE Rule 412B(c) to
require that each TPH that is a not a clearing member shall, in a form
and manner prescribed by the Exchange, report to the Exchange the same
information regarding the identification and reporting of special
accounts relating to Exchange contracts that each TPH that is a
clearing member is required to report to the CFTC pursuant to CFTC
regulations.
Lastly, CFE is proposing to amend the contract specifications for
its security futures products to reflect the new OCR Rule's definition
of reportable trading volume as trading volume of 50 or more contracts,
during a single trading day, on a single reporting market that is a
designated contract market or swap execution facility, in all
instruments that such reporting market designates with the same product
identifier. Specifically, CFE is amending CFE Rule 1602(n) to provide,
``Pursuant to Commission Regulation Sec. 15.04 and Commission
Regulation Part 17, the trading volume that is required to be reported
to the Commission is 50 or more futures contracts in a Volatility Index
futures contract during a single trading day.'' \6\
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\6\ CFE Rule 1601 defines Volatility Index futures contracts as
Individual Stock Based and Exchange-Traded Fund Based Volatility
Index security futures contracts and provides a list of the
Volatility Index futures contracts that CFE may list for trading.
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2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with
[[Page 7520]]
Section 6(b) of the Act,\7\ in general, and furthers the objectives of
Sections 6(b)(5) \8\ and 6(b)(7) \9\ in particular in that it is
designed:
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
\9\ 15 U.S.C. 78f(b)(7).
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To prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade,
to foster cooperation and coordination with persons
engaged in facilitating transactions in securities,
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.
The Exchange believes that the proposed rule change will strengthen
its ability to carry out its responsibilities as a self-regulatory
organization. CFE must receive the information that TPHs and non-TPHs
provide to the CFTC under the new OCR Rule in order to carry out CFE's
market surveillance program. For this same reason, CFE also must
receive the information that TPHs that are not clearing members provide
to the CFTC regarding the identification and reporting of special
accounts that TPHs that clearing members must provide to the CFTC under
the OCR Rule. In addition, the amendments expressly provide that these
TPHs and non-TPHs must provide this information in the form and manner
prescribed by the Exchange, which will allow the information's seamless
integration into the Exchange's market surveillance program and systems
utilized by CFE and its regulatory services provider.
B. Self-Regulatory Organization's Statement on Burden on Competition
CFE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act, in that the rule change enhances CFE's market
surveillance program. The Exchange believes that the proposed rule
change is equitable and not unfairly discriminatory because the
amendments would apply equally to all TPHs and non-TPHs that are
subject to the applicable requirements.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The proposed rule change will become effective on or after February
11, 2015, on a date to be announced by the Exchange through the
issuance of a circular. The Exchange will make the effective date of
the rule change consistent with the timing of the implementation of the
new OCR Rule by the CFTC.
At any time within 60 days of the date of effectiveness of the
proposed rule change, the Commission, after consultation with the CFTC,
may summarily abrogate the proposed rule change and require that the
proposed rule change be refiled in accordance with the provisions of
Section 19(b)(1) of the Act.\10\
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\10\ 15 U.S.C. 78s(b)(1).
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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 email to rule-comments@sec.gov. Please include
File Number SR-CFE-2015-001 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-CFE-2015-001. 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 filing also will be available
for inspection and copying at the principal offices of the Exchange.
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-CFE-2015-001,
and should be submitted on or before March 3, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-02643 Filed 2-9-15; 8:45 am]
BILLING CODE 8011-01-P