Sunshine Act Meetings, 30997-30998 [2018-14281]
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices
level information with respect to these
accounts in accordance with the
Guidebook specifications.
Consequently, OCC is proposing to
delete the customer identifier provisions
from Rule 601(e)(2) so that Clearing
Members can provide customer names
and LEIs to OCC so that it can, in turn,
provide this information on daily
reports to the CFTC consistent with the
CFTC staff guidance on daily reporting
requirements under Regulation 39.19.
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(2) Statutory Basis
Section 17A(b)(3)(F) of the Act
requires, among other things, that the
rules of a clearing agency be designed,
in general, to protect investors and the
public interest.10 OCC believes that the
proposed rule change is consistent with
Section 17A(b)(3)(F) of the Act.11 As
noted above, OCC Rule 601(e)(2)
requires each Clearing Member to
submit to OCC on each business day a
data file that identifies the positions in
segregated futures accounts of each
futures customer of the Clearing
Member using a unique alphanumeric
customer identifier for each such
customer. The proposed rule change
would remove this provision and the
requirement that ‘‘such identifiers shall
not include any indication of the
identity of any customer or other
personal information of a customer.’’
Once these provisions are removed,
Clearing Members can provide this
information to OCC, who can then
provide it to the CFTC in accordance
with the Guidebook specifications. This
will enhance the CFTC staff’s ability to
perform its oversight function with the
information it deems necessary, which
promotes the protection of investors and
the public interest.
(B) Clearing Agency’s Statement on
Burden on Competition
Section 17A(b)(3)(I) of the Act
requires that the rules of a clearing
agency not impose any burden on
competition not necessary or
appropriate in furtherance of the Act.12
OCC does not believe that the proposed
rule change would impose any burden
on competition. Rather, the proposed
rule change removes an existing
restriction on the data provided to OCC
by its Clearing Members regarding
customers with segregated futures
accounts. As discussed above, this will
then allow OCC to provide this
information to the CFTC, consistent
with the CFTC staff guidance on daily
reporting requirements under
10 15
U.S.C. 78q-1(b)(3)(F).
11 Id.
12 15
U.S.C. 78q–1(b)(3)(I).
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Regulation 39.19, who uses the
information in performing its statutory
mandate.
(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
Pursuant to Section 19(b)(3)(A) of the
Act 13 and Rule 19b–4(f)(6)14
thereunder, the proposed rule change is
filed for immediate effectiveness
because it does not: (i) Significantly
affect the protection of 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.15
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.16
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–2018–009 on the subject line.
30997
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE, Washington, DC 20549–1090.
All submissions should refer to File
Number SR–OCC–2018–009. 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 website (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 website 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 OCC and on OCC’s website at
https://www.theocc.com/components/
docs/legal/rules_and_bylaws/sr_occ_18_
009.pdf.
All comments received will be posted
without change. Persons submitting
comments are cautioned that we do not
redact or edit personal identifying
information from comment submissions.
You should submit only information
that you wish to make available
publicly.
All submissions should refer to File
Number SR–OCC–2018–009 and should
be submitted on or before July 23, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–14113 Filed 6–29–18; 8:45 am]
BILLING CODE 8011–01–P
13 15
U.S.C. 78s(b)(3)(A).
14 17 CFR 240.19b–4(f)(6).
15 OCC provided the Commission with written
notice of its 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.
16 Notwithstanding its immediate effectiveness,
implementation of this rule change will be delayed
until this change is deemed certified under CFTC
Rule 40.6.
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SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: 83 Federal Register
29838, 26 June 2018.
17 17
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CFR 200.30–3(a)(12).
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30998
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Thursday, June 28, 2018 at
2:00 p.m.
The following
item will not be considered during the
Closed Meeting on Thursday, June 28,
2018:
• Report on an investigation.
CHANGES IN THE MEETING:
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed, please contact the
Office of the Secretary at (202) 551–
5400.
Dated: June 28, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–14281 Filed 6–28–18; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83522; File No. SR–
NASDAQ–2018–047]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Adopt a
New Transaction Fee for Execution of
Midpoint Extended Life Orders
June 26, 2018.
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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 June 12,
2018, The Nasdaq Stock Market LLC
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Exchange’s transaction fees at Rule 7018
to adopt a new transaction fee for
execution of Midpoint Extended Life
Orders.
While these amendments are effective
upon filing, as discussed below, the
Exchange will begin assessing the
proposed fees on July 2, 2018.3
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 The Exchange initially filed the proposed
pricing changes on June 1, 2018 (SR–NASDAQ–
2018–043). On July [sic] 12, 2018, the Exchange
withdrew that filing and submitted this filing. This
filing makes technical corrections, provides further
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaq.cchwallstreet.com/, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to amend the Exchange’s
transaction fees at Rule 7018(a)(1)–(3) to
charge no fee for execution of Midpoint
Extended Life Orders in the month of
July 2018 if the member executes at
least 250,000 shares in Midpoint
Extended Life Orders in June 2018, and
adopt a fee of $0.0006 per share
executed for execution of all other
Midpoint Extended Life Orders in
securities with a price of $1 or more.
Transactions in Midpoint Extended Life
Orders in securities with a price less
than $1 will remain at no cost.
On March 7, 2018, the Commission
approved the Exchange’s proposal to
adopt a new Order Type, the Midpoint
Extended Life Order.4 The Midpoint
Extended Life Order is an Order Type
with a Non-Display Order Attribute that
is priced at the midpoint between the
NBBO and that will not be eligible to
execute until the Holding Period of one
half of a second has passed after
acceptance of the Order by the System.
Once a Midpoint Extended Life Order
becomes eligible to execute by existing
unchanged for the Holding Period, the
Order may only execute against other
eligible Midpoint Extended Life Orders.
The Exchange has not assessed a charge
for Midpoint Extended Life Orders
1 15
2 17
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discussion of the proposed change, and clarifies the
statutory basis and burden on competition
discussions.
4 See Securities Exchange Act Release No. 82825
(March 7, 2018), 83 FR 10937 (March 13, 2018) (SR–
NASDAQ–2017–074).
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executions since the Exchange began to
offer them on March 12, 2018.5
Under Rule 7018, the Exchange is
proposing to assess fees for certain
Midpoint Extended Life Orders
beginning July 2, 2018, while
continuing to provide a no fee tier for
the month of July 2018 if a member
meets qualification criteria based on its
activity in Midpoint Extended Life
Orders in June 2018. Specifically, the
Exchange is proposing to assess no
charge for execution of Midpoint
Extended Life Orders in the month of
July 2018 if the member executes at
least at least [sic] 250,000 shares in
Midpoint Extended Life Orders in the
immediately preceding month. Thus,
the new fee will be applied beginning
July 2, 2018 based on the number of
Midpoint Extended Life Orders
executed by the member in the month
of June 2018. The Exchange is also
adopting a new fee of $0.0006 per share
executed assessed for execution of
Midpoint Extended Life Orders in
securities priced at $1 or more
applicable to members that do not
qualify under the no cost tier described
immediately above. After July 2018, the
Exchange will assess a charge of $0.0006
per share executed assessed [sic] for
execution of any Midpoint Extended
Life Order in a security priced $1 or
greater. The proposed fees cover Orders
in securities of any of the three tapes.
The Exchange believes that the market
in Midpoint Extended Life Orders has
matured to the point that it can support
the proposed $0.0006 per share
executed fee; however, the Exchange
also believes that promoting liquidity in
Midpoint Extended Life Orders
continues to be warranted. Thus, the
Exchange is proposing to not assess a
fee for executions of Midpoint Extended
Life Orders in the month of July 2018 if
members have at least 250,000 shares
executed in Midpoint Extended Life
Orders in June 2018. Allowing
transactions to occur at no cost if a
member provides a certain level of
Midpoint Extended Life Order liquidity
will promote use of the Midpoint
Extended Life Order, which will in turn
help bring continued overall liquidity in
Midpoint Extended Life Orders in
securities priced $1 or more to the
Exchange in June 2018, since members
may increase their activity in Midpoint
Extended Life Orders, and members that
have not yet used Midpoint Extended
Life Orders may begin trading in them
to benefit from the zero fee tier. To the
extent that members are provided
5 See Securities Exchange Act Release No. 82905
(March 20, 2018), 83 FR 12988 (March 26, 2018)
(SR–NASDAQ–2018–021).
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Agencies
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30997-30998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14281]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 83 Federal Register
29838, 26 June 2018.
[[Page 30998]]
PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, June 28,
2018 at 2:00 p.m.
CHANGES IN THE MEETING: The following item will not be considered
during the Closed Meeting on Thursday, June 28, 2018:
Report on an investigation.
CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at (202) 551-5400.
Dated: June 28, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-14281 Filed 6-28-18; 4:15 pm]
BILLING CODE 8011-01-P