80_FR_13985 80 FR 13934 - 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

80 FR 13934 - 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

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 51 (March 17, 2015)

Page Range13934-13936
FR Document2015-06013

Federal Register, Volume 80 Issue 51 (Tuesday, March 17, 2015)
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13934-13936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06013]


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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.
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    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
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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.
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    \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 http://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.
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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:
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

     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.
---------------------------------------------------------------------------

    \10\ See CME Group, Market Regulation Advisory Notice (Aug. 4, 
2014), Q&A22, available athttp://www.cmegroup.com/rulebook/files/ra1311-5r.pdf; ICE Futures U.S., EFRP FAQs (Sept. 5, 2014), Q&A 17, 
available athttp://www.theice.com/publicdocs/futures_us/
EFRP_FAQ.pdf.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. 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 (http://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).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-06013 Filed 3-16-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  13934                          Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices

                                                  investors or the public interest; (ii)                  Electronic Comments                                      SECURITIES AND EXCHANGE
                                                  impose any significant burden on                                                                                 COMMISSION
                                                  competition; and (iii) become operative                   • Use the Commission’s Internet
                                                                                                          comment form (http://www.sec.gov/                        [Release No. 34–74483; File No. SR–CFE–
                                                  for 30 days from the date on which it                                                                            2015–002]
                                                  was filed, or such shorter time as the                  rules/sro.shtml); or
                                                  Commission may designate, the                             • Send an email to rule-comments@                      Self-Regulatory Organizations; CBOE
                                                  proposed rule change has become                         sec.gov. Please include File Number SR–                  Futures Exchange, LLC; Notice of
                                                  effective pursuant to Section 19(b)(3)(A)               SR–BOX–2015–14 on the subject line.                      Filing and Immediate Effectiveness of
                                                  of the Act and Rule 19b–4(f)(6)                                                                                  a Proposed Rule Change Regarding
                                                  thereunder.6                                            Paper Comments                                           Exchange of Contract for Related
                                                     A proposed rule change filed under                                                                            Position Transactions and Block
                                                                                                            • Send paper comments in triplicate
                                                  Rule 19b–4(f)(6) normally does not                                                                               Trades
                                                  become operative for 30 days after the                  to Secretary, Securities and Exchange
                                                  date of filing. However, Rule 19b–                      Commission, 100 F Street NE.,                            March 11, 2015.
                                                  4(f)(6)(iii) permits the Commission to                  Washington, DC 20549–1090.                                  Pursuant to Section 19(b)(7) of the
                                                  designate a shorter time if such action                 All submissions should refer to File                     Securities Exchange Act of 1934
                                                  is consistent with the protection of                    Number SR–BOX–2015–14. This file                         (‘‘Act’’),1 notice is hereby given that on
                                                  investors and the public interest. The                                                                           February 25, 2015 CBOE Futures
                                                                                                          number should be included on the
                                                  Exchange has asked the Commission to                                                                             Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’)
                                                                                                          subject line if email is used. To help the
                                                  waive the 30-day operative delay                                                                                 filed with the Securities and Exchange
                                                                                                          Commission process and review your                       Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                  because the Transfer is intended to be                  comments more efficiently, please use
                                                  completed in less than 30 days. The                                                                              the proposed rule change described in
                                                                                                          only one method. The Commission will                     Items I, II, and III below, which Items
                                                  Commission believes that an earlier
                                                                                                          post all comments on the Commission’s                    have been prepared by CFE. The
                                                  operative date will ensure that the filing
                                                                                                          Internet Web site (http://www.sec.gov/                   Commission is publishing this notice to
                                                  is effective prior to the intended
                                                  completion of the Transfer in less than                 rules/sro.shtml). Copies of the                          solicit comments on the proposed rule
                                                  30 days. Based on the foregoing, the                    submission, all subsequent                               change from interested persons. CFE
                                                  Commission believes that waiving the                    amendments, all written statements                       also has filed this proposed rule change
                                                  30-day operative delay is consistent                    with respect to the proposed rule                        with the Commodity Futures Trading
                                                  with the protection of investors and the                change that are filed with the                           Commission (‘‘CFTC’’). CFE filed a
                                                  public interest.7 The Commission                        Commission, and all written                              written certification with the CFTC
                                                  hereby grants the Exchange’s request                    communications relating to the                           under Section 5c(c) of the Commodity
                                                  and designates the proposal operative                   proposed rule change between the                         Exchange Act (‘‘CEA’’)2 on February 25,
                                                  upon filing.                                            Commission and any person, other than                    2015.
                                                     At any time within 60 days of the                    those that may be withheld from the                      I. Self-Regulatory Organization’s
                                                  filing of the proposed rule change, the                 public in accordance with the                            Description of the Proposed Rule
                                                  Commission summarily may                                provisions of 5 U.S.C. 552, will be                      Change
                                                  temporarily suspend such rule change if                 available for Web site viewing and
                                                  it appears to the Commission that such                                                                              The Exchange proposes to amend its
                                                                                                          printing in the Commission’s Public
                                                  action is necessary or appropriate in the                                                                        rules related to Exchange of Contract for
                                                                                                          Reference Room, 100 F Street NE.,
                                                  public interest, for the protection of                                                                           Related Position (‘‘ECRP’’) transactions
                                                                                                          Washington, DC 20549 on official                         and block trades. The scope of this filing
                                                  investors, or otherwise in furtherance of               business days between the hours of
                                                  the purposes of the Act. If the                                                                                  is limited solely to the application of the
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the                   rule amendments to security futures
                                                  Commission takes such action, the                       filing also will be available for
                                                  Commission shall institute proceedings                                                                           traded on CFE. The only security futures
                                                                                                          inspection and copying at the principal                  currently traded on CFE are traded
                                                  to determine whether the proposed rule                  office of the Exchange. All comments
                                                  should be approved or disapproved.                                                                               under Chapter 16 of CFE’s Rulebook
                                                                                                          received will be posted without change;                  which is applicable to Individual Stock
                                                  IV. Solicitation of Comments                            the Commission does not edit personal                    Based and Exchange-Traded Fund
                                                    Interested persons are invited to                     identifying information from                             Based Volatility Index security futures.
                                                  submit written data, views, and                         submissions. You should submit only                      The text of the proposed rule change is
                                                  arguments concerning the foregoing,                     information that you wish to make                        attached as Exhibit 4 to the filing but is
                                                  including whether the proposed rule                     available publicly. All submissions                      not attached to the publication of this
                                                  change is consistent with the Act.                      should refer to File Number SR–BOX–                      notice.
                                                  Comments may be submitted by any of                     2015–14 and should be submitted on or                    II. Self-Regulatory Organization’s
                                                  the following methods:                                  before April 7, 2015.                                    Statement of the Purpose of, and
                                                                                                            For the Commission, by the Division of                 Statutory Basis for, the Proposed Rule
                                                    6 In addition, Rule 19b–4(f)(6)(iii) requires the     Trading and Markets, pursuant to delegated               Change
                                                  Exchange to give the Commission written notice of
                                                  the Exchange’s intent to file the proposed rule         authority.8                                                 In its filing with the Commission, CFE
                                                  change, along with a brief description and text of      Brent J. Fields,                                         included statements concerning the
                                                  the proposed rule change, at least five business days
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  prior to the date of filing of the proposed rule        Secretary.                                               purpose of and basis for the proposed
                                                  change, or such shorter time as designated by the       [FR Doc. 2015–06020 Filed 3–16–15; 8:45 am]              rule change and discussed any
                                                  Commission. The Commission has waived the 5-            BILLING CODE 8011–01–P                                   comments it received on the proposed
                                                  day prefiling requirement in this case.                                                                          rule change. The text of these statements
                                                     7 For purposes only of waiving the 30-day

                                                  operative delay, the Commission has also
                                                                                                                                                                   may be examined at the places specified
                                                  considered the proposed rule’s impact on
                                                                                                                                                                     1 15  U.S.C. 78s(b)(7).
                                                  efficiency, competition, and capital formation. See
                                                  15 U.S.C. 78c(f).                                         8 17   CFR 200.30–3(a)(12).                              27   U.S.C. 7a–2(c).



                                             VerDate Sep<11>2014   18:09 Mar 16, 2015   Jkt 235001   PO 00000   Frm 00113    Fmt 4703     Sfmt 4703   E:\FR\FM\17MRN1.SGM    17MRN1


                                                                                Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices                                            13935

                                                  in Item IV below. CFE has prepared                      such transactions ‘‘should be submitted               on either the business day for which the
                                                  summaries, set forth in Sections A, B,                  to the Exchange as soon as possible                   transaction is submitted for clearing or
                                                  and C below, of the most significant                    following agreement to the terms by the               on the calendar day of the transaction.
                                                  aspects of such statements.                             relevant parties.’’ 5 Second, the                        For ECRP transactions and block
                                                                                                          extension takes into account the                      trades that occur during most of the
                                                  A. Self-Regulatory Organization’s                       specific, logistical aspects associated               trading day, the CFE Help Desk would
                                                  Statement of the Purpose of, and                        with these off-exchange transactions,
                                                  Statutory Basis for, the Proposed Rule                                                                        provide a transaction summary on the
                                                                                                          which entail related transactions in two              business day for which the transaction
                                                  Change                                                  different instruments. Specifically,                  is submitted for clearing. However,
                                                  1. Purpose                                              ECRP transactions in CFE products                     there are circumstances in which the
                                                                                                          frequently involve contra-parties that                CFE Help Desk would provide a
                                                     The purpose of the proposed CFE rule
                                                                                                          operate on a trading floor instead of an              transaction summary on the calendar
                                                  amendments included as part of this
                                                                                                          office setting. In addition, the required             day of the transaction and not on the
                                                  rule change is to: (i) Amend CFE Rule
                                                                                                          recordkeeping presents logistical issues              business day for which the transaction
                                                  414 (Exchange of Contract for Related
                                                                                                          as each contra-party to an ECRP must                  is submitted for clearing. For example,
                                                  Position) to extend the time to report
                                                                                                          coordinate with an Authorized Reporter                this could occur if an ECRP transaction
                                                  ECRP transactions to the Exchange from
                                                                                                          to report to the CFE Help Desk the                    or block trade in CBOE Volatility Index
                                                  ten minutes to thirty minutes; and (ii)
                                                                                                          relevant ECRP transaction as well as                  (‘‘VIX’’) futures was reported to the CFE
                                                  amend CFE Rules 414 and 415 (Block
                                                                                                          collect or create records evidencing                  Help Desk between 3:30 p.m. and 4:00
                                                  Trading) to clarify that the CFE Help
                                                                                                          compliance with the criteria set forth in             p.m. on a Monday through Thursday
                                                  Desk can provide written transaction
                                                                                                          CFE Rule 414 as required by CFE Rule                  and was designated by the parties for
                                                  summaries for ECRP transactions and                     414 (g).6 CFE believes a limited
                                                  block trades on the business day for                                                                          clearance on the calendar day of the
                                                                                                          additional window for compliance is                   transaction. In that case, the next
                                                  which the transaction is submitted for                  justified given these logistical aspects.
                                                  clearing or the calendar day of the                                                                           business day would have already started
                                                                                                          Accordingly, CFE believes that                        when the transaction is reported to the
                                                  transaction. The rule amendments                        extending the timeframe from ten to
                                                  included as part of this rule change are                                                                      CFE Help Desk pursuant to the extended
                                                                                                          thirty minutes represents a sound                     trading hours schedule in VIX futures,
                                                  to apply to all products traded on CFE,                 balance that takes into account the
                                                  including both non-security futures and                                                                       as the prior business day would have
                                                                                                          above competitive and logistical                      ended at 3:15 p.m. and the new business
                                                  security futures.                                       considerations while remaining                        day would have started at 3:30 p.m.
                                                  Reporting Timeframe for ECRP                            sufficiently limited in duration so as not            Accordingly, the CFE Help Desk would
                                                  Transactions                                            to be detrimental to CFE’s market.                    be providing a written transaction
                                                     CFE is proposing to amend CFE Rule                   Clarification Regarding Written                       summary to the Authorized Reporters
                                                  414 (Exchange of Contract for Related                   Summaries for ECRP Transactions and                   on the calendar day of the transaction
                                                  Position) to extend the timeframe for                   Block Trades                                          and not on the business day for which
                                                  reporting ECRP transactions. CFE Rule                      CFE is proposing to amend CFE Rule                 the transaction would be submitted for
                                                  414 currently provides that each party                  414 (Exchange of Contract for Related                 clearing (since in this case the
                                                  to an ECRP transaction is obligated to                  Position) and CFE Rule 415 (Block                     transaction would be submitted for
                                                  have an Authorized Reporter (which is                   Trading) to clarify that the CFE Help                 clearing for the prior business day).
                                                  defined in CFE Rule 414(h) and 415(f)) 3                Desk can provide written transaction                     CFE is also making a technical, non-
                                                  notify the CFE Help Desk of the terms                   summaries for ECRP transactions and                   substantive change to CFE Rule 415(c)
                                                  of the ECRP transaction no later than ten               block trades on the business day for                  to correct a typographical error. Rule
                                                  minutes after the transaction is agreed                 which the transaction is submitted for                415(c) incorrectly references Rule 415(i)
                                                  upon. The amendments extend this                        clearing or the calendar day of the                   for the reporting deadline instead of to
                                                  current reporting window for ECRP                       transaction. CFE Rules 414 and 415                    Rule 415(g) where the relevant reporting
                                                  transactions to thirty minutes.                         currently contain language that imply                 deadline is contained and this rule
                                                     CFE believes this extension is                       that the CFE Help Desk always provides                change corrects this cross-reference.
                                                  justified for the following reasons. First,             a written transaction summary of an                   2. Statutory Basis
                                                  it will allow CFE to stay competitive                   ECRP transaction or a block trade on the
                                                  with other futures exchanges that                       business day for which the transaction                  The Exchange believes that the
                                                  currently provide market participants                   is submitted for clearing. The                        proposed rule change is consistent with
                                                  with additional time to report these                    amendments clarify that the CFE Help                  Section 6(b) of the Act,7 in general, and
                                                  transactions. Specifically, CME Group                   Desk can provide a written transaction                furthers the objectives of Sections
                                                  provides that such transactions ‘‘must                  summary of an ECRP transaction or                     6(b)(5) 8 and 6(b)(7) 9 in particular in
                                                  be submitted within one hour after the                  block trade to each Authorized Reporter               that it is designed:
                                                  relevant terms have been determined,’’ 4                                                                        • To foster cooperation and
                                                  and ICE Futures U.S. provides no                          5 ICE Futures U.S., EFRP FAQs (Sept. 5, 2014),
                                                                                                                                                                coordination with persons engaged in
                                                  definitive timeframe and rather that                    Q&A 17, available at https://www.theice.com/          facilitating transactions in securities,
                                                                                                          publicdocs/futures_us/EFRP_FAQ.pdf.
                                                                                                            6 CFE Rule 414 (g) requires that each TPH           and
                                                    3 CFE Rule 414(h) and CFE Rule 415(f) require
                                                                                                          involved in any ECRP transaction shall either           • to remove impediments to and
                                                  that each CFE Trading Privilege Holder (‘‘TPH’’)
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                                                  executing an Exchange of Contract for Related
                                                                                                          maintain records evidencing compliance with the       perfect the mechanism of a free and
                                                                                                          criteria set forth in Rule 414 or be able to obtain   open market and a national market
                                                  Position transaction or a side of a block trade must    such records from its Customer involved in the
                                                  have designated at least one Authorized Reporter        ECRPs. Information required to be maintained but      system, and in general, to protect
                                                  that is pre-authorized by a CFE clearing member to      which is not systematically provided in conjunction   investors and the public interest.
                                                  report the ECRP transaction or block trade on behalf    with the processing of these trades may include the
                                                  of the TPH.                                             options delta utilized at the time of the trade in
                                                    4 CME Group, Market Regulation Advisory Notice                                                                7 15 U.S.C. 78f(b).
                                                                                                          order to demonstrate that the Contract transaction
                                                                                                                                                                  8 15 U.S.C. 78f(b)(5).
                                                  (Aug. 4, 2014), Q&A22, available at http://             would serve as an appropriate hedge for the Related
                                                  www.cmegroup.com/rulebook/files/ra1311-5r.pdf.          Position.                                               9 15 U.S.C. 78f(b)(7).




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                                                  13936                         Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices

                                                     The Exchange believes that the                       C. Self-Regulatory Organization’s                       printing in the Commission’s Public
                                                  proposed rule change would benefit                      Statement on Comments on the                            Reference Room, 100 F Street NE.,
                                                  market participants because it would                    Proposed Rule Change Received From                      Washington, DC 20549, on official
                                                  provide them with a limited amount of                   Members, Participants, or Others                        business days between the hours of
                                                  additional time to report ECRP                            No written comments were solicited                    10:00 a.m. and 3:00 p.m. Copies of such
                                                  transactions. First, the change will allow              or received with respect to the proposed                filing also will be available for
                                                  CFE to stay competitive with other                      rule change.                                            inspection and copying at the principal
                                                  futures exchanges that currently provide                                                                        offices of the Exchange. All comments
                                                  market participants with additional time                III. Date of Effectiveness of the                       received will be posted without change;
                                                  to report these transactions.10 Second,                 Proposed Rule Change and Timing for                     the Commission does not edit personal
                                                  the extension takes into account the                    Commission Action                                       identifying information from
                                                  logistical aspects associated with these                   The proposed rule change will                        submissions. You should submit only
                                                  transactions, which entail related                      become effective on March 11, 2015.                     information that you wish to make
                                                  transactions in two different                              At any time within 60 days of the date               available publicly. All submissions
                                                  instruments. Specifically, ECRP                         of effectiveness of the proposed rule                   should refer to File Number SR–CFE–
                                                  transactions involve contra-parties                     change, the Commission, after                           2015–002, and should be submitted on
                                                  operating on a trading floor instead of                 consultation with the CFTC, may                         or before April 7, 2015.
                                                  an office setting. In addition, the                     summarily abrogate the proposed rule                      For the Commission, by the Division of
                                                  required recordkeeping presents                         change and require that the proposed                    Trading and Markets, pursuant to delegated
                                                  logistical issues as each contra-party to               rule change be refiled in accordance                    authority.12
                                                  an ECRP must coordinate with an                         with the provisions of Section 19(b)(1)                 Brent J. Fields,
                                                  Authorized Reporter to report to the                    of the Act.11                                           Secretary.
                                                  CFE Help Desk its ECRP transaction as                                                                           [FR Doc. 2015–06013 Filed 3–16–15; 8:45 am]
                                                  well as conduct the required                            IV. Solicitation of Comments
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                  recordkeeping manually. CFE believes                      Interested persons are invited to
                                                  extending the timeframe from ten to                     submit written data, views, and
                                                  thirty minutes represents a sound                       arguments concerning the foregoing,                     SECURITIES AND EXCHANGE
                                                  balance that takes into account the                     including whether the proposed rule                     COMMISSION
                                                  above competitive and logistical                        change is consistent with the Act.
                                                  considerations while remaining                          Comments may be submitted by any of                     [Release No. 34–74476; File No. SR–OCC–
                                                  sufficiently limited in duration so as not              the following methods:                                  2015–005]
                                                  to be detrimental to CFE’s market.                      Electronic Comments                                     Self-Regulatory Organizations; The
                                                     In addition, the proposed rule change
                                                                                                            • Use the Commission’s Internet                       Options Clearing Corporation; Notice
                                                  benefits market participants by
                                                                                                          comment form (http://www.sec.gov/                       of Filing and Immediate Effectiveness
                                                  clarifying to them that their Authorized
                                                                                                          rules/sro.shtml); or                                    of a Proposed Rule Change
                                                  Reporters will receive written
                                                  transactions summaries: (i) Regarding                     • Send an email to rule-comments@                     Concerning the Account From Which
                                                                                                          sec.gov. Please include File Number SR–                 Certain Clearing Members May Fund
                                                  ECRP transactions on either the
                                                                                                          CFE–2015–002 on the subject line.                       the Additional Margin Requirement
                                                  business day for which the contract leg
                                                                                                                                                                  Associated With Overnight Trading
                                                  of the ECRP transaction is submitted for                Paper Comments                                          Sessions
                                                  clearing or the calendar day of the
                                                  transaction; and (ii) regarding block                     • Send paper comments in triplicate
                                                                                                                                                                  March 11, 2015.
                                                  trades, on either the business day for                  to Secretary, Securities and Exchange
                                                                                                                                                                     Pursuant to section 19(b)(1) of the
                                                  which the block trade is submitted for                  Commission, 100 F Street NE.,
                                                                                                                                                                  Securities Exchange Act of 1934
                                                  clearing or on the calendar day of the                  Washington, DC 20549–1090.
                                                                                                                                                                  (‘‘Act’’) 1 and Rule 19b–4 thereunder 2
                                                  transaction.                                            All submissions should refer to File                    notice is hereby given that on February
                                                                                                          Number SR–CFE–2015–002. This file                       26, 2015, The Options Clearing
                                                  B. Self-Regulatory Organization’s                       number should be included on the
                                                  Statement on Burden on Competition                                                                              Corporation (‘‘OCC’’) filed with the
                                                                                                          subject line if email is used. To help the              Securities and Exchange Commission
                                                    CFE does not believe that the                         Commission process and review your                      (‘‘Commission’’) the proposed rule
                                                  proposed rule change will impose any                    comments more efficiently, please use                   change as described in Items I, II, and
                                                  burden on competition not necessary or                  only one method. The Commission will                    III below, which Items have been
                                                  appropriate in furtherance of the                       post all comments on the Commission’s                   prepared by OCC. The Commission is
                                                  purposes of the Act. Specifically, the                  Internet Web site (http://www.sec.gov/                  publishing this notice to solicit
                                                  Exchange believes that the proposed                     rules/sro.shtml). Copies of the                         comments on the proposed rule change
                                                  rule change will not burden competition                 submission, all subsequent                              from interested persons.
                                                  because the new ECRP reporting                          amendments, all written statements
                                                  timeframe and timeframe for receiving                   with respect to the proposed rule                       I. Clearing Agency’s Statement of the
                                                  written summaries of ECRP transactions                  change that are filed with the                          Terms of Substance of the Proposed
                                                  and block trades will apply to all                      Commission, and all written                             Rule Change
                                                  persons and the revised rule provisions                 communications relating to the                             This proposed rule change by The
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                                                  do not discriminate between market                      proposed rule change between the                        Options Clearing Corporation (‘‘OCC’’)
                                                  participants.                                           Commission and any person, other than                   would permit an OCC clearing member
                                                                                                          those that may be withheld from the                     that is a registered futures commission
                                                    10 See CME Group, Market Regulation Advisory
                                                                                                          public in accordance with the                           merchant (‘‘FCM’’) that has been
                                                  Notice (Aug. 4, 2014), Q&A22, available athttp://       provisions of 5 U.S.C. 552, will be
                                                  www.cmegroup.com/rulebook/files/ra1311-5r.pdf;
                                                  ICE Futures U.S., EFRP FAQs (Sept. 5, 2014), Q&A        available for Web site viewing and                        12 17 CFR 200.30–3(a)(12).
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                  17, available athttp://www.theice.com/publicdocs/
                                                  futures_us/EFRP_FAQ.pdf.                                  11 15   U.S.C. 78s(b)(1).                               2 17 CFR 240.19b–4.




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Document Created: 2015-12-18 12:01:47
Document Modified: 2015-12-18 12:01:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 13934 

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