Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Regarding Exchange of Contract for Related Position Transactions and Block Trades, 13934-13936 [2015-06013]
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13934
Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
for 30 days from the date on which it
was filed, or such shorter time as the
Commission may designate, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)
thereunder.6
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative for 30 days after the
date of filing. However, Rule 19b–
4(f)(6)(iii) permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay
because the Transfer is intended to be
completed in less than 30 days. The
Commission believes that an earlier
operative date will ensure that the filing
is effective prior to the intended
completion of the Transfer in less than
30 days. Based on the foregoing, the
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest.7 The Commission
hereby grants the Exchange’s request
and designates the proposal operative
upon filing.
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or 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:
mstockstill on DSK4VPTVN1PROD with NOTICES
6 In
addition, Rule 19b–4(f)(6)(iii) requires the
Exchange to give the Commission written notice of
the Exchange’s intent to file the proposed rule
change, along with a brief description and text of
the proposed rule change, at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Commission has waived the 5day prefiling requirement in this case.
7 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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18:09 Mar 16, 2015
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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–
SR–BOX–2015–14 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–BOX–2015–14. 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–BOX–
2015–14 and should be submitted on or
before April 7, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Brent J. Fields,
Secretary.
[FR Doc. 2015–06020 Filed 3–16–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74483; File No. SR–CFE–
2015–002]
Self-Regulatory Organizations; CBOE
Futures Exchange, LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change Regarding
Exchange of Contract for Related
Position Transactions and Block
Trades
March 11, 2015.
Pursuant to Section 19(b)(7) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
February 25, 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 February 25,
2015.
I. Self-Regulatory Organization’s
Description of the Proposed Rule
Change
The Exchange proposes to amend its
rules related to Exchange of Contract for
Related Position (‘‘ECRP’’) transactions
and block trades. 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.
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
1 15
8 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00113
Fmt 4703
27
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U.S.C. 78s(b)(7).
U.S.C. 7a–2(c).
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Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices
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: (i) Amend CFE Rule
414 (Exchange of Contract for Related
Position) to extend the time to report
ECRP transactions to the Exchange from
ten minutes to thirty minutes; and (ii)
amend CFE Rules 414 and 415 (Block
Trading) to clarify that the CFE Help
Desk can provide written transaction
summaries for ECRP transactions and
block trades on the business day for
which the transaction is submitted for
clearing or the calendar day of the
transaction. 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Reporting Timeframe for ECRP
Transactions
CFE is proposing to amend CFE Rule
414 (Exchange of Contract for Related
Position) to extend the timeframe for
reporting ECRP transactions. CFE Rule
414 currently provides that each party
to an ECRP transaction is obligated to
have an Authorized Reporter (which is
defined in CFE Rule 414(h) and 415(f)) 3
notify the CFE Help Desk of the terms
of the ECRP transaction no later than ten
minutes after the transaction is agreed
upon. The amendments extend this
current reporting window for ECRP
transactions to thirty minutes.
CFE believes this extension is
justified for the following reasons. First,
it will allow CFE to stay competitive
with other futures exchanges that
currently provide market participants
with additional time to report these
transactions. Specifically, CME Group
provides that such transactions ‘‘must
be submitted within one hour after the
relevant terms have been determined,’’ 4
and ICE Futures U.S. provides no
definitive timeframe and rather that
3 CFE Rule 414(h) and CFE Rule 415(f) require
that each CFE Trading Privilege Holder (‘‘TPH’’)
executing an Exchange of Contract for Related
Position transaction or a side of a block trade must
have designated at least one Authorized Reporter
that is pre-authorized by a CFE clearing member to
report the ECRP transaction or block trade on behalf
of the TPH.
4 CME Group, Market Regulation Advisory Notice
(Aug. 4, 2014), Q&A22, available at https://
www.cmegroup.com/rulebook/files/ra1311-5r.pdf.
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such transactions ‘‘should be submitted
to the Exchange as soon as possible
following agreement to the terms by the
relevant parties.’’ 5 Second, the
extension takes into account the
specific, logistical aspects associated
with these off-exchange transactions,
which entail related transactions in two
different instruments. Specifically,
ECRP transactions in CFE products
frequently involve contra-parties that
operate on a trading floor instead of an
office setting. In addition, the required
recordkeeping presents logistical issues
as each contra-party to an ECRP must
coordinate with an Authorized Reporter
to report to the CFE Help Desk the
relevant ECRP transaction as well as
collect or create records evidencing
compliance with the criteria set forth in
CFE Rule 414 as required by CFE Rule
414 (g).6 CFE believes a limited
additional window for compliance is
justified given these logistical aspects.
Accordingly, CFE believes that
extending the timeframe from ten to
thirty minutes represents a sound
balance that takes into account the
above competitive and logistical
considerations while remaining
sufficiently limited in duration so as not
to be detrimental to CFE’s market.
Clarification Regarding Written
Summaries for ECRP Transactions and
Block Trades
CFE is proposing to amend CFE Rule
414 (Exchange of Contract for Related
Position) and CFE Rule 415 (Block
Trading) to clarify that the CFE Help
Desk can provide written transaction
summaries for ECRP transactions and
block trades on the business day for
which the transaction is submitted for
clearing or the calendar day of the
transaction. CFE Rules 414 and 415
currently contain language that imply
that the CFE Help Desk always provides
a written transaction summary of an
ECRP transaction or a block trade on the
business day for which the transaction
is submitted for clearing. The
amendments clarify that the CFE Help
Desk can provide a written transaction
summary of an ECRP transaction or
block trade to each Authorized Reporter
5 ICE Futures U.S., EFRP FAQs (Sept. 5, 2014),
Q&A 17, available at https://www.theice.com/
publicdocs/futures_us/EFRP_FAQ.pdf.
6 CFE Rule 414 (g) requires that each TPH
involved in any ECRP transaction shall either
maintain records evidencing compliance with the
criteria set forth in Rule 414 or be able to obtain
such records from its Customer involved in the
ECRPs. Information required to be maintained but
which is not systematically provided in conjunction
with the processing of these trades may include the
options delta utilized at the time of the trade in
order to demonstrate that the Contract transaction
would serve as an appropriate hedge for the Related
Position.
PO 00000
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Fmt 4703
Sfmt 4703
13935
on either the business day for which the
transaction is submitted for clearing or
on the calendar day of the transaction.
For ECRP transactions and block
trades that occur during most of the
trading day, the CFE Help Desk would
provide a transaction summary on the
business day for which the transaction
is submitted for clearing. However,
there are circumstances in which the
CFE Help Desk would provide a
transaction summary on the calendar
day of the transaction and not on the
business day for which the transaction
is submitted for clearing. For example,
this could occur if an ECRP transaction
or block trade in CBOE Volatility Index
(‘‘VIX’’) futures was reported to the CFE
Help Desk between 3:30 p.m. and 4:00
p.m. on a Monday through Thursday
and was designated by the parties for
clearance on the calendar day of the
transaction. In that case, the next
business day would have already started
when the transaction is reported to the
CFE Help Desk pursuant to the extended
trading hours schedule in VIX futures,
as the prior business day would have
ended at 3:15 p.m. and the new business
day would have started at 3:30 p.m.
Accordingly, the CFE Help Desk would
be providing a written transaction
summary to the Authorized Reporters
on the calendar day of the transaction
and not on the business day for which
the transaction would be submitted for
clearing (since in this case the
transaction would be submitted for
clearing for the prior business day).
CFE is also making a technical, nonsubstantive change to CFE Rule 415(c)
to correct a typographical error. Rule
415(c) incorrectly references Rule 415(i)
for the reporting deadline instead of to
Rule 415(g) where the relevant reporting
deadline is contained and this rule
change corrects this cross-reference.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
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 foster cooperation and
coordination with persons engaged in
facilitating transactions in securities,
and
• 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.
7 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
9 15 U.S.C. 78f(b)(7).
8 15
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13936
Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
The Exchange believes that the
proposed rule change would benefit
market participants because it would
provide them with a limited amount of
additional time to report ECRP
transactions. First, the change will allow
CFE to stay competitive with other
futures exchanges that currently provide
market participants with additional time
to report these transactions.10 Second,
the extension takes into account the
logistical aspects associated with these
transactions, which entail related
transactions in two different
instruments. Specifically, ECRP
transactions involve contra-parties
operating on a trading floor instead of
an office setting. In addition, the
required recordkeeping presents
logistical issues as each contra-party to
an ECRP must coordinate with an
Authorized Reporter to report to the
CFE Help Desk its ECRP transaction as
well as conduct the required
recordkeeping manually. CFE believes
extending the timeframe from ten to
thirty minutes represents a sound
balance that takes into account the
above competitive and logistical
considerations while remaining
sufficiently limited in duration so as not
to be detrimental to CFE’s market.
In addition, the proposed rule change
benefits market participants by
clarifying to them that their Authorized
Reporters will receive written
transactions summaries: (i) Regarding
ECRP transactions on either the
business day for which the contract leg
of the ECRP transaction is submitted for
clearing or the calendar day of the
transaction; and (ii) regarding block
trades, on either the business day for
which the block trade is submitted for
clearing or on the calendar day of the
transaction.
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. Specifically, the
Exchange believes that the proposed
rule change will not burden competition
because the new ECRP reporting
timeframe and timeframe for receiving
written summaries of ECRP transactions
and block trades will apply to all
persons and the revised rule provisions
do not discriminate between market
participants.
10 See CME Group, Market Regulation Advisory
Notice (Aug. 4, 2014), Q&A22, available athttps://
www.cmegroup.com/rulebook/files/ra1311-5r.pdf;
ICE Futures U.S., EFRP FAQs (Sept. 5, 2014), Q&A
17, available athttps://www.theice.com/publicdocs/
futures_us/EFRP_FAQ.pdf.
VerDate Sep<11>2014
18:09 Mar 16, 2015
Jkt 235001
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 March 11, 2015.
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.11
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–
2015–002, and should be submitted on
or before April 7, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Brent J. Fields,
Secretary.
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:
[FR Doc. 2015–06013 Filed 3–16–15; 8:45 am]
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–2015–002 on the subject line.
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing and Immediate Effectiveness
of a Proposed Rule Change
Concerning the Account From Which
Certain Clearing Members May Fund
the Additional Margin Requirement
Associated With Overnight Trading
Sessions
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–2015–002. 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
[Release No. 34–74476; File No. SR–OCC–
2015–005]
March 11, 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 February
26, 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 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 The
Options Clearing Corporation (‘‘OCC’’)
would permit an OCC clearing member
that is a registered futures commission
merchant (‘‘FCM’’) that has been
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
11 15
PO 00000
U.S.C. 78s(b)(1).
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Agencies
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13934-13936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06013]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74483; File No. SR-CFE-2015-002]
Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Regarding Exchange of Contract for Related Position Transactions and
Block Trades
March 11, 2015.
Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on February 25, 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 February 25, 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 rules related to Exchange of
Contract for Related Position (``ECRP'') transactions and block trades.
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.
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
[[Page 13935]]
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: (i) Amend CFE Rule 414 (Exchange of Contract
for Related Position) to extend the time to report ECRP transactions to
the Exchange from ten minutes to thirty minutes; and (ii) amend CFE
Rules 414 and 415 (Block Trading) to clarify that the CFE Help Desk can
provide written transaction summaries for ECRP transactions and block
trades on the business day for which the transaction is submitted for
clearing or the calendar day of the transaction. 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.
Reporting Timeframe for ECRP Transactions
CFE is proposing to amend CFE Rule 414 (Exchange of Contract for
Related Position) to extend the timeframe for reporting ECRP
transactions. CFE Rule 414 currently provides that each party to an
ECRP transaction is obligated to have an Authorized Reporter (which is
defined in CFE Rule 414(h) and 415(f)) \3\ notify the CFE Help Desk of
the terms of the ECRP transaction no later than ten minutes after the
transaction is agreed upon. The amendments extend this current
reporting window for ECRP transactions to thirty minutes.
---------------------------------------------------------------------------
\3\ CFE Rule 414(h) and CFE Rule 415(f) require that each CFE
Trading Privilege Holder (``TPH'') executing an Exchange of Contract
for Related Position transaction or a side of a block trade must
have designated at least one Authorized Reporter that is pre-
authorized by a CFE clearing member to report the ECRP transaction
or block trade on behalf of the TPH.
---------------------------------------------------------------------------
CFE believes this extension is justified for the following reasons.
First, it will allow CFE to stay competitive with other futures
exchanges that currently provide market participants with additional
time to report these transactions. Specifically, CME Group provides
that such transactions ``must be submitted within one hour after the
relevant terms have been determined,'' \4\ and ICE Futures U.S.
provides no definitive timeframe and rather that such transactions
``should be submitted to the Exchange as soon as possible following
agreement to the terms by the relevant parties.'' \5\ Second, the
extension takes into account the specific, logistical aspects
associated with these off-exchange transactions, which entail related
transactions in two different instruments. Specifically, ECRP
transactions in CFE products frequently involve contra-parties that
operate on a trading floor instead of an office setting. In addition,
the required recordkeeping presents logistical issues as each contra-
party to an ECRP must coordinate with an Authorized Reporter to report
to the CFE Help Desk the relevant ECRP transaction as well as collect
or create records evidencing compliance with the criteria set forth in
CFE Rule 414 as required by CFE Rule 414 (g).\6\ CFE believes a limited
additional window for compliance is justified given these logistical
aspects. Accordingly, CFE believes that extending the timeframe from
ten to thirty minutes represents a sound balance that takes into
account the above competitive and logistical considerations while
remaining sufficiently limited in duration so as not to be detrimental
to CFE's market.
---------------------------------------------------------------------------
\4\ CME Group, Market Regulation Advisory Notice (Aug. 4, 2014),
Q&A22, available at https://www.cmegroup.com/rulebook/files/ra1311-5r.pdf.
\5\ ICE Futures U.S., EFRP FAQs (Sept. 5, 2014), Q&A 17,
available at https://www.theice.com/publicdocs/futures_us/EFRP_FAQ.pdf.
\6\ CFE Rule 414 (g) requires that each TPH involved in any ECRP
transaction shall either maintain records evidencing compliance with
the criteria set forth in Rule 414 or be able to obtain such records
from its Customer involved in the ECRPs. Information required to be
maintained but which is not systematically provided in conjunction
with the processing of these trades may include the options delta
utilized at the time of the trade in order to demonstrate that the
Contract transaction would serve as an appropriate hedge for the
Related Position.
---------------------------------------------------------------------------
Clarification Regarding Written Summaries for ECRP Transactions and
Block Trades
CFE is proposing to amend CFE Rule 414 (Exchange of Contract for
Related Position) and CFE Rule 415 (Block Trading) to clarify that the
CFE Help Desk can provide written transaction summaries for ECRP
transactions and block trades on the business day for which the
transaction is submitted for clearing or the calendar day of the
transaction. CFE Rules 414 and 415 currently contain language that
imply that the CFE Help Desk always provides a written transaction
summary of an ECRP transaction or a block trade on the business day for
which the transaction is submitted for clearing. The amendments clarify
that the CFE Help Desk can provide a written transaction summary of an
ECRP transaction or block trade to each Authorized Reporter on either
the business day for which the transaction is submitted for clearing or
on the calendar day of the transaction.
For ECRP transactions and block trades that occur during most of
the trading day, the CFE Help Desk would provide a transaction summary
on the business day for which the transaction is submitted for
clearing. However, there are circumstances in which the CFE Help Desk
would provide a transaction summary on the calendar day of the
transaction and not on the business day for which the transaction is
submitted for clearing. For example, this could occur if an ECRP
transaction or block trade in CBOE Volatility Index (``VIX'') futures
was reported to the CFE Help Desk between 3:30 p.m. and 4:00 p.m. on a
Monday through Thursday and was designated by the parties for clearance
on the calendar day of the transaction. In that case, the next business
day would have already started when the transaction is reported to the
CFE Help Desk pursuant to the extended trading hours schedule in VIX
futures, as the prior business day would have ended at 3:15 p.m. and
the new business day would have started at 3:30 p.m. Accordingly, the
CFE Help Desk would be providing a written transaction summary to the
Authorized Reporters on the calendar day of the transaction and not on
the business day for which the transaction would be submitted for
clearing (since in this case the transaction would be submitted for
clearing for the prior business day).
CFE is also making a technical, non-substantive change to CFE Rule
415(c) to correct a typographical error. Rule 415(c) incorrectly
references Rule 415(i) for the reporting deadline instead of to Rule
415(g) where the relevant reporting deadline is contained and this rule
change corrects this cross-reference.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with 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 foster cooperation and coordination with persons
engaged in facilitating transactions in securities, and
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.
[[Page 13936]]
The Exchange believes that the proposed rule change would benefit
market participants because it would provide them with a limited amount
of additional time to report ECRP transactions. First, the change will
allow CFE to stay competitive with other futures exchanges that
currently provide market participants with additional time to report
these transactions.\10\ Second, the extension takes into account the
logistical aspects associated with these transactions, which entail
related transactions in two different instruments. Specifically, ECRP
transactions involve contra-parties operating on a trading floor
instead of an office setting. In addition, the required recordkeeping
presents logistical issues as each contra-party to an ECRP must
coordinate with an Authorized Reporter to report to the CFE Help Desk
its ECRP transaction as well as conduct the required recordkeeping
manually. CFE believes extending the timeframe from ten to thirty
minutes represents a sound balance that takes into account the above
competitive and logistical considerations while remaining sufficiently
limited in duration so as not to be detrimental to CFE's market.
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\10\ See CME Group, Market Regulation Advisory Notice (Aug. 4,
2014), Q&A22, available athttps://www.cmegroup.com/rulebook/files/ra1311-5r.pdf; ICE Futures U.S., EFRP FAQs (Sept. 5, 2014), Q&A 17,
available athttps://www.theice.com/publicdocs/futures_us/
EFRP_FAQ.pdf.
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In addition, the proposed rule change benefits market participants
by clarifying to them that their Authorized Reporters will receive
written transactions summaries: (i) Regarding ECRP transactions on
either the business day for which the contract leg of the ECRP
transaction is submitted for clearing or the calendar day of the
transaction; and (ii) regarding block trades, on either the business
day for which the block trade is submitted for clearing or on the
calendar day of the transaction.
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. Specifically, the Exchange believes that the
proposed rule change will not burden competition because the new ECRP
reporting timeframe and timeframe for receiving written summaries of
ECRP transactions and block trades will apply to all persons and the
revised rule provisions do not discriminate between market
participants.
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 March 11, 2015.
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.\11\
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\11\ 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-2015-002 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-2015-002. 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-2015-002,
and should be submitted on or before April 7, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-06013 Filed 3-16-15; 8:45 am]
BILLING CODE 8011-01-P