Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of a Proposed Rule Change, and Amendment 1 Thereto, To Expand the Officers Who May Declare That a Clearing Member Is Summarily Suspended, 7668-7670 [2015-02750]
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7668
Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices
this proposed rule change. The
Exchange has not received any written
comments from members or other
interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 16 and paragraph (f) of Rule
19b–4 thereunder.17 At any time within
60 days of the filing of the proposed rule
change, the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
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:
tkelley on DSK3SPTVN1PROD with NOTICES
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–
BATS–2015–08 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–BATS–2015–08. 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
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–BATS–
2015–08, and should be submitted on or
before March 4, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Brent J. Fields
Secretary.
[FR Doc. 2015–02752 Filed 2–10–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74212; File No. SR–OCC–
2015–04]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing of a Proposed Rule Change,
and Amendment 1 Thereto, To Expand
the Officers Who May Declare That a
Clearing Member Is Summarily
Suspended
February 5, 2015.
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 January
23, 2015, 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 OCC. On February 3, 2015,
OCC filed Amendment No. 1 to the
proposed rule change, which corrects an
inadvertent grammatical error. 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
OCC proposes to amend its Rules to
permit OCC to expand the officers who
may declare that a clearing member is
summarily suspended from OCC.
18 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
16 15
17
U.S.C. 78s(b)(3)(A)(ii).
17 CFR 240.19b–4(f)(2).
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17:07 Feb 10, 2015
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Frm 00105
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Sfmt 4703
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 such 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 to expand the number of OCC
officers with the authority to summarily
suspend a clearing member. Currently,
OCC Rule 1102 provides that only
OCC’s Board of Directors (‘‘Board’’) and
its Executive Chairman may summarily
suspend a clearing member. OCC
believes that, given the time sensitive
nature of managing a clearing member
default, it is prudent risk management
to expand the number of officers with
the authority to summarily suspend a
clearing member so that OCC may begin
its default management process and, in
turn, take protective action as soon as
possible.
Pursuant to OCC Rule 1102, OCC’s
Board and Executive Chairman have the
authority to summarily suspend a
clearing member. As set forth in
Interpretation and Policy .01 of Rule
1102, such action constitutes a
‘‘default’’ with respect to the clearing
member. OCC’s ability to timely and
effectively begin its clearing member
default management process serves a
key role in protecting OCC, nondefaulting clearing members and the
public from potential consequential
damage(s) that may be caused by the
default of a clearing member. In order to
provide OCC with the necessary tools to
manage a clearing member default,
Chapter XI of OCC’s Rules provides
OCC with the authority to take certain
protective action(s) once a clearing
member has been summarily suspended
(and declared to be in default).3 While
OCC believes that the authority
provided to it in Chapter XI of its Rules
is sufficiently robust to manage a
clearing member default, OCC may not
exercise such authority unless and until
a clearing member has been summarily
3 For example, OCC Rule 1106(a) provides OCC
with significant flexibility with respect actions it
may take in order to close out a defaulting clearing
member’s open long positions.
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Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
suspended by either the Board or the
Executive Chairman.
In order to provide greater assurance
that OCC would be able to timely and
effectively manage a clearing member
default, OCC is proposing to amend
OCC Rule 1102 in order to expand the
list of officers who may summarily
suspend a clearing member to include
OCC’s President or a designee of the
Executive Chairman 4 or President of the
rank of Senior Vice President or higher
(each a ‘‘Designed Officer’’).5 OCC
believes that the proposed change will
provide it with additional operational
flexibility because more individuals
would be able to timely summarily
suspend a clearing member and thereby
allow OCC to exercise its authority to
manage a clearing member default.
OCC’s clearing member default
management process is designed to
protect OCC, non-defaulting clearing
members and the public from the
defaulting clearing member without
materially impacting financial markets.6
By providing additional officers with
the authority to summarily suspend a
clearing member, and thereby allow
OCC to begin its default management
processes, there would be greater
assurance that OCC would timely take
action(s) necessary to protect itself, nondefaulting clearing members and the
public from a defaulting clearing
member. OCC is also proposing to
amend Rule 1102 to require notification
to the Board as soon as practicable
should a Designated Officer summarily
suspend a clearing member.7 The
addition of such a requirement would
ensure that the Board is timely informed
of activities at OCC.
Furthermore, OCC proposes to make
conforming amendments consistent
with the above to Article VI, Section 25
of its By-Laws and OCC Rule 707, which
concern the summary suspension of
clearing members that participate in
OCC’s cross-margining programs.
Specifically, Article VI, Section of
OCC’s By-Laws and OCC Rule 707 will
be amended to explicitly state that the
Board of Directors or a Designated
Officer may summarily suspend a
4 OCC filed Amendment No. 1 in order to correct
an inadvertent grammatical error. Specifically, a
comma after the word ‘‘Executive Chairman’’ was
removed because it caused the description of the
proposed rule change to not be consistent with the
text of the proposed rule change.
5 OCC’s proposal is similar to the summary
suspension process employed by the National
Securities Clearing Corporation (‘‘NSCC’’). See
NSCC Rule 46, Section 3.
6 A description of OCC’s default management
process is located at: https://www.theocc.com/riskmanagement/default-rules/
7 OCC staff will notify the Board within two hours
of the summary suspension.
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17:07 Feb 10, 2015
Jkt 235001
clearing member based on a crossmargining related default.
Except for the changes described
above, no other changes are proposed to
OCC’s suspension or default
management processes as set forth in
the Rules, including a clearing
member’s right to appeal a summary
suspension in accordance with OCC
Rule 1110.
2. Statutory Basis
OCC believes the proposed rule
change is consistent with Section
17A(b)(3)(F) of the Securities Exchange
Act of 1934, as amended (the ‘‘Act’’)
because the proposed rule change is
intended to safeguard the securities and
funds which are in the custody and
control of OCC.8 As described above, by
expanding the list of officers with the
authority to summarily suspend a
clearing member to include Designated
Officers, OCC would better ensure that
it timely begins its clearing member
default management processes. Such
process safeguards the securities and
funds which are in the custody or
control of OCC, or for which it is
responsible, because it protects OCC,
non-defaulting clearing members and
the public from the defaulting clearing
member. OCC does not believe that the
proposed rule change is inconsistent
with any rules of OCC, including any
rules 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 OCC believes
the proposed rule change would not
unfairly inhibit access to OCC’s services
or disadvantage or favor any particular
user in relationship to another user
because the proposed rule change only
concerns the officers with the authority
to summarily suspend a clearing
member. The proposed rule change does
not affect the conditions under which
OCC may summarily suspend a clearing
member, or OCC’s rights with respect to
a suspended clearing member.
For the foregoing reasons, OCC
believes that the proposed rule change
is in the public interest, would be
consistent with the requirements of the
Act applicable to clearing agencies, and
would not impose a burden on
competition.
8 15
9 15
PO 00000
U.S.C. 78q–1(b)(3)(F).
U.S.C. 78q–1(b)(3)(I).
Frm 00106
Fmt 4703
Sfmt 4703
7669
(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
such 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–2015–04 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–2015–04. 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\11FEN1.SGM
11FEN1
7670
Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / 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_15_
04.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–2015–04 and should
be submitted on or before March 4,
2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Brent J. Fields,
Secretary.
[FR Doc. 2015–02750 Filed 2–10–15; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Reporting and Recordkeeping
Requirements Under OMB Review
Small Business Administration.
30-Day notice.
AGENCY:
ACTION:
The Small Business
Administration (SBA) is publishing this
notice to comply with requirements of
the Paperwork Reduction Act (PRA) (44
U.S.C. Chapter 35), which requires
agencies to submit proposed reporting
and recordkeeping requirements to
OMB for review and approval, and to
publish a notice in the Federal Register
notifying the public that the agency has
made such a submission. This notice
also allows an additional 30 days for
public comments.
DATES: Submit comments on or before
March 13, 2015.
ADDRESSES: Comments should refer to
the information collection by name and/
or OMB Control Number and should be
sent to: Agency Clearance Officer, Curtis
Rich, Small Business Administration,
409 3rd Street SW., 5th Floor,
Washington, DC 20416; and SBA Desk
Officer, Office of Information and
Regulatory Affairs, Office of
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
10 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:07 Feb 10, 2015
Jkt 235001
Management and Budget, New
Executive Office Building, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT:
Curtis Rich, Agency Clearance Officer,
(202) 205–7030 curtis.rich@sba.gov.
Copies: A copy of the Form OMB 83–1,
supporting statement, and other
documents submitted to OMB for
review may be obtained from the
Agency Clearance Officer.
SUPPLEMENTARY INFORMATION This data
collection is needed to fill the current
void in information available about
women’s participation in the corporate
market. It will be used to enable the
development of specific and actionable
recommendations to increase
opportunity for women-owned
businesses to obtain corporate contracts
and make an even greater contribution
to the U.S. economy. Respondents will
be women business owners in the U.S.
and managers of corporate supplier
diversity programs.
Solicitation of Public Comments:
Comments may be submitted on (a)
whether the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
Summary of Information Collections:
(1) Title: Women’s Participation in
Corporate Supplier Diversity Programs.
Description of Respondents: Women
business owners in the U.S. and
managers of corporate supplier diversity
programs.
Form Number: N/A.
Estimated Annual Respondents: 3024.
Estimated Annual Responses: 3024.
Estimated Annual Hour Burden:
732.3.
Curtis B. Rich,
Management Analyst.
[FR Doc. 2015–02774 Filed 2–10–15; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
Data Collection Available for Public
Comments
60-day notice and request for
comments.
ACTION:
The Small Business
Administration (SBA) intends to request
approval, from the Office of
Management and Budget (OMB) for the
collection of information described
SUMMARY:
PO 00000
Frm 00107
Fmt 4703
Sfmt 9990
below. The Paperwork Reduction Act
(PRA) of 1995, 44 U.S.C. Chapter 35
requires federal agencies to publish a
notice in the Federal Register
concerning each proposed collection of
information before submission to OMB,
and to allow 60 days for public
comment in response to the notice. This
notice complies with that requirement.
Submit comments on or before
April 13, 2015.
DATES:
Send all comments to
Rachel Newman Karton, Program
Analyst, Office of Entrepreneurial
Development, Small Business
Administration, 409 3rd Street SW., 6th
Floor, Washington, DC 20416.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Rachel Newman Karton, Program
Analyst, Office of Entrepreneurial
Development, Rachel.newman@sba.gov,
202–619–1816, or Curtis B. Rich,
Management Analyst, 202–205–7030,
curtis.rich@sba.gov.
Each form
is used to notify recipients of grant
awards and cooperative agreement
awards. Form 1222 is used also to
document logistical and budgetary
information gathered from the awardees
application and proposal. Awardees/
Respondents are universities, colleges,
state and local government, for-profit
and non-profit organizations. Form 1224
is used to certify the cost sharing by the
recipient.
Solicitation of Public Comments:
SBA is requesting comments on (a)
Whether the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
Summary of Information Collection:
(1) Title: Notice of Award and Grant/
Cooperative Agreement Cost Sharing
Proposal.
Description of Respondents: SBA
Grant Recipients.
Form Number: SBA Forms 1222 and
1224.
Total Estimated Annual Responses:
2,745.
Total Estimated Annual Hour Burden:
205,440.
SUPPLEMENTARY INFORMATION:
Curtis B. Rich,
Management Analyst.
[FR Doc. 2015–02772 Filed 2–10–15; 8:45 am]
BILLING CODE 8025–01–P
E:\FR\FM\11FEN1.SGM
11FEN1
Agencies
[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7668-7670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02750]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74212; File No. SR-OCC-2015-04]
Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of a Proposed Rule Change, and Amendment 1 Thereto, To
Expand the Officers Who May Declare That a Clearing Member Is Summarily
Suspended
February 5, 2015.
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 January 23, 2015, 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 OCC. On February 3, 2015, OCC filed Amendment
No. 1 to the proposed rule change, which corrects an inadvertent
grammatical error. 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
OCC proposes to amend its Rules to permit OCC to expand the
officers who may declare that a clearing member is summarily suspended
from OCC.
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 such 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 to expand the number of
OCC officers with the authority to summarily suspend a clearing member.
Currently, OCC Rule 1102 provides that only OCC's Board of Directors
(``Board'') and its Executive Chairman may summarily suspend a clearing
member. OCC believes that, given the time sensitive nature of managing
a clearing member default, it is prudent risk management to expand the
number of officers with the authority to summarily suspend a clearing
member so that OCC may begin its default management process and, in
turn, take protective action as soon as possible.
Pursuant to OCC Rule 1102, OCC's Board and Executive Chairman have
the authority to summarily suspend a clearing member. As set forth in
Interpretation and Policy .01 of Rule 1102, such action constitutes a
``default'' with respect to the clearing member. OCC's ability to
timely and effectively begin its clearing member default management
process serves a key role in protecting OCC, non-defaulting clearing
members and the public from potential consequential damage(s) that may
be caused by the default of a clearing member. In order to provide OCC
with the necessary tools to manage a clearing member default, Chapter
XI of OCC's Rules provides OCC with the authority to take certain
protective action(s) once a clearing member has been summarily
suspended (and declared to be in default).\3\ While OCC believes that
the authority provided to it in Chapter XI of its Rules is sufficiently
robust to manage a clearing member default, OCC may not exercise such
authority unless and until a clearing member has been summarily
[[Page 7669]]
suspended by either the Board or the Executive Chairman.
---------------------------------------------------------------------------
\3\ For example, OCC Rule 1106(a) provides OCC with significant
flexibility with respect actions it may take in order to close out a
defaulting clearing member's open long positions.
---------------------------------------------------------------------------
In order to provide greater assurance that OCC would be able to
timely and effectively manage a clearing member default, OCC is
proposing to amend OCC Rule 1102 in order to expand the list of
officers who may summarily suspend a clearing member to include OCC's
President or a designee of the Executive Chairman \4\ or President of
the rank of Senior Vice President or higher (each a ``Designed
Officer'').\5\ OCC believes that the proposed change will provide it
with additional operational flexibility because more individuals would
be able to timely summarily suspend a clearing member and thereby allow
OCC to exercise its authority to manage a clearing member default.
OCC's clearing member default management process is designed to protect
OCC, non-defaulting clearing members and the public from the defaulting
clearing member without materially impacting financial markets.\6\ By
providing additional officers with the authority to summarily suspend a
clearing member, and thereby allow OCC to begin its default management
processes, there would be greater assurance that OCC would timely take
action(s) necessary to protect itself, non-defaulting clearing members
and the public from a defaulting clearing member. OCC is also proposing
to amend Rule 1102 to require notification to the Board as soon as
practicable should a Designated Officer summarily suspend a clearing
member.\7\ The addition of such a requirement would ensure that the
Board is timely informed of activities at OCC.
---------------------------------------------------------------------------
\4\ OCC filed Amendment No. 1 in order to correct an inadvertent
grammatical error. Specifically, a comma after the word ``Executive
Chairman'' was removed because it caused the description of the
proposed rule change to not be consistent with the text of the
proposed rule change.
\5\ OCC's proposal is similar to the summary suspension process
employed by the National Securities Clearing Corporation (``NSCC'').
See NSCC Rule 46, Section 3.
\6\ A description of OCC's default management process is located
at: https://www.theocc.com/risk-management/default-rules/
\7\ OCC staff will notify the Board within two hours of the
summary suspension.
---------------------------------------------------------------------------
Furthermore, OCC proposes to make conforming amendments consistent
with the above to Article VI, Section 25 of its By-Laws and OCC Rule
707, which concern the summary suspension of clearing members that
participate in OCC's cross-margining programs. Specifically, Article
VI, Section of OCC's By-Laws and OCC Rule 707 will be amended to
explicitly state that the Board of Directors or a Designated Officer
may summarily suspend a clearing member based on a cross-margining
related default.
Except for the changes described above, no other changes are
proposed to OCC's suspension or default management processes as set
forth in the Rules, including a clearing member's right to appeal a
summary suspension in accordance with OCC Rule 1110.
2. Statutory Basis
OCC believes the proposed rule change is consistent with Section
17A(b)(3)(F) of the Securities Exchange Act of 1934, as amended (the
``Act'') because the proposed rule change is intended to safeguard the
securities and funds which are in the custody and control of OCC.\8\ As
described above, by expanding the list of officers with the authority
to summarily suspend a clearing member to include Designated Officers,
OCC would better ensure that it timely begins its clearing member
default management processes. Such process safeguards the securities
and funds which are in the custody or control of OCC, or for which it
is responsible, because it protects OCC, non-defaulting clearing
members and the public from the defaulting clearing member. OCC does
not believe that the proposed rule change is inconsistent with any
rules of OCC, including any rules 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\ OCC believes the proposed rule change would
not unfairly inhibit access to OCC's services or disadvantage or favor
any particular user in relationship to another user because the
proposed rule change only concerns the officers with the authority to
summarily suspend a clearing member. The proposed rule change does not
affect the conditions under which OCC may summarily suspend a clearing
member, or OCC's rights with respect to a suspended clearing member.
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\9\ 15 U.S.C. 78q-1(b)(3)(I).
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For the foregoing reasons, OCC believes that the proposed rule
change is in the public interest, would be consistent with the
requirements of the Act applicable to clearing agencies, and would not
impose a burden on competition.
(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 such 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-2015-04 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-2015-04. 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 7670]]
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_15_04.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-2015-04
and should be submitted on or before March 4, 2015.
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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Brent J. Fields,
Secretary.
[FR Doc. 2015-02750 Filed 2-10-15; 8:45 am]
BILLING CODE 8011-01-P