80_FR_18512 80 FR 18447 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Share Member-Designated Risk Settings in the Trading System With Clearing Members

80 FR 18447 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Share Member-Designated Risk Settings in the Trading System With Clearing Members

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 65 (April 6, 2015)

Page Range18447-18449
FR Document2015-07850

Federal Register, Volume 80 Issue 65 (Monday, April 6, 2015)
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Pages 18447-18449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07850]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74623; File No. SR-ISE-2015-12]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Share Member-Designated Risk Settings in the Trading System 
With Clearing Members

April 1, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on March 19, 2015 the International Securities Exchange, LLC (the 
``Exchange'' or the ``ISE'') filed with the Securities and Exchange 
Commission the proposed rule change, as described in Items I, II, and 
III below, which items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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[[Page 18448]]

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The ISE proposes to amend Rule 706 to authorize the Exchange to 
share any Member-designated risk settings in the trading system with 
the Clearing Member that clears transactions on behalf of the Member. 
The text of the proposed rule change is available on the Exchange's Web 
site (http://www.ise.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 self-regulatory organization 
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 self-regulatory organization 
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 Exchange proposes to amend Rule 706 to authorize the Exchange 
to share any Member-designated risk settings in the trading system with 
the Clearing Member that clears transactions on behalf of the Member. 
Rule 706 states that ``[u]nless otherwise provided in the Rules, no one 
but a Member or a person associated with a Member shall effect any 
Exchange Transactions.'' \3\ The Exchange proposes to amend the current 
rule by adding the following sentence: ``The Exchange may share any 
Member-designated risk settings in the trading system with the Clearing 
Member that clears transactions on behalf of the Member.''
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    \3\ See Rule 706(a).
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    Each Member that transacts through a Clearing Member on the 
Exchange executes a Letter of Clearing Authorization, in the case of 
Electronic Access Members, or a Market Maker Letter of Guarantee, in 
the case of Primary Market Makers and Competitive Market Makers, 
wherein the Clearing Member ``accepts financial responsibility for all 
Exchange Transactions made by the'' Member on whose behalf the Clearing 
Member submits the letter of guarantee. The Exchange believes that 
because Clearing Members guarantee all transactions on behalf of a 
Member, and therefore, bear the risk associated with those 
transactions, it is appropriate for Clearing Members to have knowledge 
of what risk settings a Member may utilize within the trading system.
    The Exchange notes that while not all Members are Clearing Members, 
all Members require a Clearing Member's consent to clear transactions 
on their behalf in order to conduct business on the Exchange. As the 
Clearing Member ultimately bears all the risk for a trade they clear on 
any Member's behalf, the Exchange believes it is reasonable to provide 
Clearing Members with information relating to the risk settings used by 
each Member whose transactions they are clearing. To the extent that a 
Clearing Member might reasonably require a Member to provide access to 
its risk settings as a prerequisite to continue to clear trades on the 
Member's behalf, the Exchange's proposal to share those risk settings 
directly reduces the administrative burden on Members and ensures that 
Clearing Members are receiving information that is up-to-date and 
conforms to the settings active in the trading system.
    The Exchange further notes that any broker-dealer is free to become 
a Clearing Member of the Options Clearing Corporation (the ``OCC''), 
which would enable that Member to avoid sharing risk settings with any 
third party, if they so choose. For these reasons, the Exchange 
believes that the proposal is consistent with the Act as it provides 
Clearing Members with additional risk-related information that may aid 
them in complying with the Act, notably Rule 15c3-5 and, as noted, 
Members that do not wish to share such settings with a Clearing Member 
can do so by become clearing members of the OCC.
    The risk settings that would be shared pursuant to the proposed 
rule are currently codified in Rule 804 (for regulars orders) and Rule 
722 (for complex orders). The risk settings are designed to mitigate 
the potential risks of multiple executions against a Member's trading 
interest that, in today's highly automated and electronic trading 
environment, can occur simultaneously across multiple series and 
multiple option classes. The proposed rule will allow the Exchange to 
share a Member's risk settings with the Clearing Member that guarantees 
the Member's transactions, and therefore has a financial interesting 
[sic] in understanding the risk tolerance of a Member.
    Because the Letter of Clearing Authorization and the Market Maker 
Letter of Guarantee codifies relationships between a Member and the 
Clearing Member, the Exchange is on notice of which Clearing Members 
have relationships with which Members. The proposed rule change would 
simply provide the Exchange with authority to directly provide Clearing 
Members with information that may otherwise be available to such 
Clearing Members by virtue of their relationship with the respective 
Member.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6(b) of the Act.\4\ In 
particular, the proposal is consistent with Section 6(b)(5) of the 
Act,\5\ because it is designed to promote just and equitable principles 
of trade, to remove impediments to and perfect the mechanisms of a free 
and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change removes 
impediments to and perfects the mechanism of a free and open market by 
codifying that the Exchange can directly provide to Clearing Members 
that guarantee that Member's transactions on the Exchange the Member-
designated risk settings in the trading system, which are designed to 
mitigate the potential risk of multiple executions against a Member's 
trading interest that, in today's highly automated and electronic 
trading environment, can occur simultaneously across multiple series 
and multiple option classes. The Exchange believes that the proposed 
rule change is consistent with the protection of investors and the 
public interests because it will permit Clearing Members with a 
financial interest in a Member's risk settings to better monitor and 
manage the potential risks assumed by Members with whom the Clearing 
Member has entered into a letter of guarantee, thereby providing 
Clearing Members with greater control and flexibility over setting 
their own risk tolerance and exposure.

[[Page 18449]]

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes the proposal is consistent with Section 
6(b)(8) of the Act \6\ in that it does not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The proposed rule change is not designed to 
address any aspect of competition, but would provide authority for the 
Exchange to directly share risk settings with Clearing Members 
regarding the Members with whom the Clearing Member has executed a 
letter of guarantee so the Clearing Member can better monitor and 
manage the potential risks assumed by the Members, thereby providing 
them with greater control and flexibility over setting their own risk 
tolerance and exposure. The proposed rule change does not pose an undue 
burden on non-Clearing Members because, unlike Clearing Members, non-
Clearing Members do not guarantee the execution of the Member 
transactions on the Exchange. The proposed rule change is structured to 
offer the same enhancement to all Clearing Members, regardless of size, 
and would not impose a competitive burden on any participant.
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    \6\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from members or other interested 
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The Exchange believes that the foregoing proposed rule change may 
take effect upon filing with the Commission pursuant to 
Section19(b)(3)(A) \7\ of the Act and Rule 19b-4(f)(6) thereunder \8\ 
because the foregoing proposed rule change 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 after its filing date, or such shorter time as the Commission 
may designate.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-ISE-2015-12 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-ISE-2015-12. 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-ISE-2015-12, 
and should be submitted on or before April 27, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-07850 Filed 4-3-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                          Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                                                                     18447

                                              3506(c)(2). That request elicited no                                          Type of request: Extension without                                     decision on his or her application for an
                                              comments.                                                                   change of a currently approved                                           annuity or other benefit has the right to
                                                                                                                          collection.                                                              appeal to the RRB. The collection
                                              Information Collection Request (ICR)
                                                                                                                            Affected public: Individuals or                                        provides the means for the appeal
                                                Title: Appeal Under the Railroad                                          Households.                                                              action.
                                              Retirement and Railroad Unemployment                                          Abstract: Under section 7(b)(3) of the                                   Changes proposed: The RRB proposes
                                              Insurance Act.                                                              Railroad Retirement Act and section 5(c)                                 no changes to Form HA–1.
                                                OMB Control Number: 3220–0007.                                            of the Railroad Unemployment                                               The burden estimate for the ICR is as
                                                Form(s) submitted: HA–1.                                                  Insurance Act, a person aggrieved by a                                   follows:

                                                                                                                                                                                                     Annual                 Time                 Burden
                                                                                                               Form No.                                                                            responses              (minutes)              (hours)

                                              HA–1 ............................................................................................................................................       550                       20                185



                                                2. Title and purpose of information                                       institution prior to retirement, which                                     OMB Control Number: 3220–0179.
                                              collection: Annual Earnings                                                 was performed at the same time as                                          Form submitted: G–19L.
                                              Questionnaire; OMB 3220–0179.                                               railroad employment or after the
                                                Under section 2(e)(3) of the Railroad                                     annuitant stopped railroad employment.                                     Type of request: Extension without
                                              Retirement Act (RRA), an annuity is not                                     The collection obtains earnings                                          change of a currently approved
                                              payable for any month in which a                                            information needed by the RRB to                                         collection.
                                              beneficiary works for a railroad. In                                        determine if possible reductions in                                        Affected public: Individuals or
                                              addition, an annuity is reduced for any                                     annuities are in order due to LPE.                                       Households.
                                              month in which the beneficiary works                                          The RRB utilizes Form G–19L,
                                              for an employer other than a railroad                                                                                                                  Abstract: Under section 2(e)(3) of the
                                                                                                                          Annual Earnings Questionnaire, to
                                              employer and earns more than a                                                                                                                       Railroad Retirement Act, an annuity is
                                                                                                                          obtain LPE earnings information from
                                              prescribed amount. Under the 1988                                                                                                                    not payable or is reduced for any month
                                                                                                                          annuitants. One response is requested of
                                              amendments to the RRA, the Tier II                                          each respondent. Completion is                                           in which the beneficiary works for a
                                              portion of the regular annuity and any                                      required to retain a benefit.                                            railroad or earns more than the
                                              supplemental annuity must be reduced                                          Previous Requests for Comments: The                                    prescribed amounts. The collection
                                              by one dollar for each two dollars of                                       RRB has already published the initial                                    obtains earnings information needed by
                                              Last Pre-Retirement Non-Railroad                                            60-day notice (80 FR 3266, on January                                    the Railroad Retirement Board to
                                              Employment (LPE) earnings for each                                          22, 2015) required by 44 U.S.C.                                          determine possible reductions in
                                              month of such service. However, the                                         3506(c)(2). That request elicited no                                     annuities because of earnings.
                                              reduction cannot exceed fifty percent of                                    comments.                                                                  Changes proposed: The RRB proposes
                                              the Tier II and supplemental annuity                                                                                                                 no changes to Form GL–19L.
                                              amount for the month to which such                                          Information Collection Request (ICR)
                                              deductions apply. The LPE generally                                           Title: Annual Earnings Questionnaire                                     The burden estimate for the ICR is as
                                              refers to an annuitant’s last employment                                    for Annuitants in Last Pre-Retirement                                    follows:
                                              with a non-railroad person, company, or                                     Non-Railroad Employment.

                                                                                                                                                                                                    Annual                  Time                 Burden
                                                                                                               Form No.                                                                            Responses              (minutes)              (hours)

                                              G–19L ..........................................................................................................................................                 300                        15               75

                                                    Total ......................................................................................................................................               300    ........................             75



                                                 Additional Information or Comments:                                      SECURITIES AND EXCHANGE                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              Copies of the forms and supporting                                          COMMISSION                                                               notice is hereby given that on March 19,
                                              documents can be obtained from Dana                                                                                                                  2015 the International Securities
                                              Hickman at (312) 751–4981 or                                                [Release No. 34–74623; File No. SR–ISE–                                  Exchange, LLC (the ‘‘Exchange’’ or the
                                              Dana.Hickman@RRB.GOV.                                                       2015–12]                                                                 ‘‘ISE’’) filed with the Securities and
                                                 Comments regarding the information                                                                                                                Exchange Commission the proposed
                                              collection should be addressed to                                           Self-Regulatory Organizations;                                           rule change, as described in Items I, II,
                                              Charles Mierzwa, Railroad Retirement                                        International Securities Exchange,                                       and III below, which items have been
                                              Board, 844 North Rush Street, Chicago,                                      LLC; Notice of Filing and Immediate                                      prepared by the self-regulatory
                                              Illinois 60611–2092 or                                                      Effectiveness of Proposed Rule                                           organization. The Commission is
                                              Charles.Mierzwa@RRB.GOV and to the                                          Change To Share Member-Designated                                        publishing this notice to solicit
                                              OMB Desk Officer for the RRB, Fax:                                          Risk Settings in the Trading System                                      comments on the proposed rule change
tkelley on DSK4VPTVN1PROD with NOTICES




                                              202–395–6974, Email address: OIRA_                                          With Clearing Members                                                    from interested persons.
                                              Submission@omb.eop.gov.
                                                                                                                          April 1, 2015.
                                              Charles Mierzwa,
                                              Chief of Information Resources Management.
                                                                                                                            Pursuant to Section 19(b)(1) of the
                                                                                                                          Securities Exchange Act of 1934 (the
                                              [FR Doc. 2015–07813 Filed 4–3–15; 8:45 am]                                                                                                             1 15   U.S.C. 78s(b)(1).
                                              BILLING CODE 7905–01–P                                                                                                                                 2 17   CFR 240.19b–4.



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                                              18448                             Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              I. Self-Regulatory Organization’s                         submits the letter of guarantee. The                  understanding the risk tolerance of a
                                              Statement of the Terms of the Substance                   Exchange believes that because Clearing               Member.
                                              of the Proposed Rule Change                               Members guarantee all transactions on                   Because the Letter of Clearing
                                                 The ISE proposes to amend Rule 706                     behalf of a Member, and therefore, bear               Authorization and the Market Maker
                                              to authorize the Exchange to share any                    the risk associated with those                        Letter of Guarantee codifies
                                              Member-designated risk settings in the                    transactions, it is appropriate for                   relationships between a Member and the
                                              trading system with the Clearing                          Clearing Members to have knowledge of
                                                                                                                                                              Clearing Member, the Exchange is on
                                              Member that clears transactions on                        what risk settings a Member may utilize
                                                                                                                                                              notice of which Clearing Members have
                                              behalf of the Member. The text of the                     within the trading system.
                                                                                                                                                              relationships with which Members. The
                                              proposed rule change is available on the                     The Exchange notes that while not all
                                                                                                                                                              proposed rule change would simply
                                              Exchange’s Web site (http://                              Members are Clearing Members, all
                                                                                                                                                              provide the Exchange with authority to
                                              www.ise.com), at the principal office of                  Members require a Clearing Member’s
                                                                                                                                                              directly provide Clearing Members with
                                              the Exchange, and at the Commission’s                     consent to clear transactions on their
                                                                                                        behalf in order to conduct business on                information that may otherwise be
                                              Public Reference Room.                                                                                          available to such Clearing Members by
                                                                                                        the Exchange. As the Clearing Member
                                              II. Self-Regulatory Organization’s                        ultimately bears all the risk for a trade             virtue of their relationship with the
                                              Statement of the Purpose of, and                          they clear on any Member’s behalf, the                respective Member.
                                              Statutory Basis for, the Proposed Rule                    Exchange believes it is reasonable to
                                              Change                                                                                                          2. Statutory Basis
                                                                                                        provide Clearing Members with
                                                 In its filing with the Commission, the                 information relating to the risk settings                The Exchange believes that the
                                              self-regulatory organization included                     used by each Member whose                             proposed rule change is consistent with
                                              statements concerning the purpose of,                     transactions they are clearing. To the                the requirements of the Act and the
                                              and basis for, the proposed rule change                   extent that a Clearing Member might                   rules and regulations thereunder that
                                              and discussed any comments it received                    reasonably require a Member to provide                are applicable to a national securities
                                              on the proposed rule change. The text                     access to its risk settings as a                      exchange, and, in particular, with the
                                              of these statements may be examined at                    prerequisite to continue to clear trades              requirements of Section 6(b) of the Act.4
                                              the places specified in Item IV below.                    on the Member’s behalf, the Exchange’s                In particular, the proposal is consistent
                                              The self-regulatory organization has                      proposal to share those risk settings                 with Section 6(b)(5) of the Act,5 because
                                              prepared summaries, set forth in                          directly reduces the administrative                   it is designed to promote just and
                                              sections A, B and C below, of the most                    burden on Members and ensures that                    equitable principles of trade, to remove
                                              significant aspects of such statements.                   Clearing Members are receiving                        impediments to and perfect the
                                                                                                        information that is up-to-date and                    mechanisms of a free and open market
                                              A. Self-Regulatory Organization’s
                                                                                                        conforms to the settings active in the                and a national market system and, in
                                              Statement of the Purpose of, and
                                                                                                        trading system.                                       general, to protect investors and the
                                              Statutory Basis for, the Proposed Rule
                                              Change                                                       The Exchange further notes that any                public interest.
                                                                                                        broker-dealer is free to become a
                                              1. Purpose                                                                                                         The Exchange believes that the
                                                                                                        Clearing Member of the Options
                                                                                                                                                              proposed rule change removes
                                                 The Exchange proposes to amend                         Clearing Corporation (the ‘‘OCC’’),
                                                                                                                                                              impediments to and perfects the
                                              Rule 706 to authorize the Exchange to                     which would enable that Member to
                                                                                                        avoid sharing risk settings with any                  mechanism of a free and open market by
                                              share any Member-designated risk                                                                                codifying that the Exchange can directly
                                              settings in the trading system with the                   third party, if they so choose. For these
                                                                                                        reasons, the Exchange believes that the               provide to Clearing Members that
                                              Clearing Member that clears                                                                                     guarantee that Member’s transactions on
                                              transactions on behalf of the Member.                     proposal is consistent with the Act as it
                                                                                                        provides Clearing Members with                        the Exchange the Member-designated
                                              Rule 706 states that ‘‘[u]nless otherwise
                                                                                                        additional risk-related information that              risk settings in the trading system,
                                              provided in the Rules, no one but a
                                                                                                        may aid them in complying with the                    which are designed to mitigate the
                                              Member or a person associated with a
                                                                                                        Act, notably Rule 15c3–5 and, as noted,               potential risk of multiple executions
                                              Member shall effect any Exchange
                                                                                                        Members that do not wish to share such                against a Member’s trading interest that,
                                              Transactions.’’ 3 The Exchange proposes
                                                                                                        settings with a Clearing Member can do                in today’s highly automated and
                                              to amend the current rule by adding the
                                              following sentence: ‘‘The Exchange may                    so by become clearing members of the                  electronic trading environment, can
                                              share any Member-designated risk                          OCC.                                                  occur simultaneously across multiple
                                              settings in the trading system with the                      The risk settings that would be shared             series and multiple option classes. The
                                              Clearing Member that clears                               pursuant to the proposed rule are                     Exchange believes that the proposed
                                              transactions on behalf of the Member.’’                   currently codified in Rule 804 (for                   rule change is consistent with the
                                                 Each Member that transacts through a                   regulars orders) and Rule 722 (for                    protection of investors and the public
                                              Clearing Member on the Exchange                           complex orders). The risk settings are                interests because it will permit Clearing
                                              executes a Letter of Clearing                             designed to mitigate the potential risks              Members with a financial interest in a
                                              Authorization, in the case of Electronic                  of multiple executions against a                      Member’s risk settings to better monitor
                                              Access Members, or a Market Maker                         Member’s trading interest that, in                    and manage the potential risks assumed
                                              Letter of Guarantee, in the case of                       today’s highly automated and electronic               by Members with whom the Clearing
                                              Primary Market Makers and Competitive                     trading environment, can occur                        Member has entered into a letter of
tkelley on DSK4VPTVN1PROD with NOTICES




                                              Market Makers, wherein the Clearing                       simultaneously across multiple series                 guarantee, thereby providing Clearing
                                              Member ‘‘accepts financial                                and multiple option classes. The                      Members with greater control and
                                              responsibility for all Exchange                           proposed rule will allow the Exchange                 flexibility over setting their own risk
                                              Transactions made by the’’ Member on                      to share a Member’s risk settings with                tolerance and exposure.
                                              whose behalf the Clearing Member                          the Clearing Member that guarantees the
                                                                                                        Member’s transactions, and therefore                    4   15 U.S.C. 78f(b).
                                                3   See Rule 706(a).                                    has a financial interesting [sic] in                    5   15 U.S.C. 78f(b)(5).



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                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                                   18449

                                              B. Self-Regulatory Organization’s                       it appears to the Commission that such                2015–12, and should be submitted on or
                                              Statement on Burden on Competition                      action is: (i) Necessary or appropriate in            before April 27, 2015.
                                                 The Exchange believes the proposal is                the public interest; (ii) for the protection            For the Commission, by the Division of
                                              consistent with Section 6(b)(8) of the                  of investors; or (iii) otherwise in                   Trading and Markets, pursuant to delegated
                                              Act 6 in that it does not impose any                    furtherance of the purposes of the Act.               authority.9
                                              burden on competition that is not                       If the Commission takes such action, the              Brent J. Fields,
                                              necessary or appropriate in furtherance                 Commission shall institute proceedings                Secretary.
                                              of the purposes of the Act. The                         to determine whether the proposed rule                [FR Doc. 2015–07850 Filed 4–3–15; 8:45 am]
                                              proposed rule change is not designed to                 should be approved or disapproved.
                                                                                                                                                            BILLING CODE 8011–01–P
                                              address any aspect of competition, but                  IV. Solicitation of Comments
                                              would provide authority for the
                                                                                                        Interested persons are invited to
                                              Exchange to directly share risk settings                                                                      SECURITIES AND EXCHANGE
                                                                                                      submit written data, views, and
                                              with Clearing Members regarding the                                                                           COMMISSION
                                                                                                      arguments concerning the foregoing,
                                              Members with whom the Clearing
                                                                                                      including whether the proposed rule                   Submission for OMB Review;
                                              Member has executed a letter of
                                                                                                      change is consistent with the Act.                    Comment Request
                                              guarantee so the Clearing Member can
                                                                                                      Comments may be submitted by any of
                                              better monitor and manage the potential                                                                       Upon Written Request, Copies Available
                                                                                                      the following methods:
                                              risks assumed by the Members, thereby                                                                          From: Securities and Exchange
                                              providing them with greater control and                 Electronic Comments
                                                                                                                                                             Commission, Office of FOIA Services,
                                              flexibility over setting their own risk                   • Use the Commission’s Internet                      100 F Street NE., Washington, DC
                                              tolerance and exposure. The proposed                    comment form (http://www.sec.gov/                      20549–2736.
                                              rule change does not pose an undue                      rules/sro.shtml); or
                                              burden on non-Clearing Members                                                                                Extension:
                                                                                                        • Send an email to rule-comments@
                                              because, unlike Clearing Members, non-                                                                          Rule 23c–1. (SEC File No. 270–253, OMB
                                                                                                      sec.gov. Please include File Number SR–                   Control No. 3235–0260).
                                              Clearing Members do not guarantee the                   ISE–2015–12 on the subject line.
                                              execution of the Member transactions                                                                             Notice is hereby given that, pursuant
                                              on the Exchange. The proposed rule                      Paper Comments                                        to the Paperwork Reduction Act of 1995
                                              change is structured to offer the same                     • Send paper comments in triplicate                (44 U.S.C. 350l–3520), the Securities
                                              enhancement to all Clearing Members,                    to Secretary, Securities and Exchange                 and Exchange Commission (the
                                              regardless of size, and would not                       Commission, 100 F Street NE.,                         ‘‘Commission’’) has submitted to the
                                              impose a competitive burden on any                      Washington, DC 20549–1090.                            Office of Management and Budget a
                                              participant.                                            All submissions should refer to File                  request for extension of the previously
                                                                                                      Number SR–ISE–2015–12. This file                      approved collection of information
                                              C. Self-Regulatory Organization’s
                                                                                                      number should be included on the                      discussed below.
                                              Statement on Comments on the
                                                                                                      subject line if email is used. To help the               Rule 23c–1(a) under the Investment
                                              Proposed Rule Change Received From
                                                                                                      Commission process and review your                    Company Act (17 CFR 270.23c–1(a))
                                              Members, Participants, or Others
                                                                                                      comments more efficiently, please use                 permits a closed-end fund to repurchase
                                                The Exchange has not solicited, and                   only one method. The Commission will                  its securities for cash if, in addition to
                                              does not intend to solicit, comments on                 post all comments on the Commission’s                 the other requirements set forth in the
                                              this proposed rule change. The                          Internet Web site (http://www.sec.gov/                rule, the following conditions are met:
                                              Exchange has not received any                           rules/sro.shtml). Copies of the                       (i) Payment of the purchase price is
                                              unsolicited written comments from                       submission, all subsequent                            accompanied or preceded by a written
                                              members or other interested parties.                                                                          confirmation of the purchase (‘‘written
                                                                                                      amendments, all written statements
                                              III. Date of Effectiveness of the                       with respect to the proposed rule                     confirmation’’); (ii) the asset coverage
                                              Proposed Rule Change and Timing for                     change that are filed with the                        per unit of the security to be purchased
                                              Commission Action                                       Commission, and all written                           is disclosed to the seller or his agent
                                                                                                      communications relating to the                        (‘‘asset coverage disclosure’’); and (iii) if
                                                 The Exchange believes that the                                                                             the security is a stock, the fund has,
                                              foregoing proposed rule change may                      proposed rule change between the
                                                                                                      Commission and any person, other than                 within the preceding six months,
                                              take effect upon filing with the                                                                              informed stockholders of its intention to
                                              Commission pursuant to                                  those that may be withheld from the
                                                                                                      public in accordance with the                         purchase stock (‘‘six month notice’’).
                                              Section19(b)(3)(A) 7 of the Act and Rule                                                                      Commission staff estimates that 78
                                              19b–4(f)(6) thereunder 8 because the                    provisions of 5 U.S.C. 552, will be
                                                                                                      available for Web site viewing and                    closed-end funds undertake a total of
                                              foregoing proposed rule change does not                                                                       702 repurchases annually under Rule
                                              (i) significantly affect the protection of              printing in the Commission’s Public
                                                                                                      Reference Room, 100 F Street NE.,                     23c–1.1 Staff estimates further that, with
                                              investors or the public interest, (ii)
                                              impose any significant burden on                        Washington DC, 20549, on official
                                                                                                                                                              9 17 CFR 200.30–3(a)(12).
                                              competition, and (iii) become operative                 business days between the hours of                      1 The number of closed-end funds that undertake
                                              for 30 days after its filing date, or such              10:00 a.m. and 3:00 p.m. Copies of such               repurchases annually under Rule 23c–1 is based on
                                              shorter time as the Commission may                      filing also will be available for                     information provided in response to Item 9 of Form
                                              designate.                                              inspection and copying at the principal               N–CSR from December 30, 2013 through December
                                                                                                      offices of the Exchange. All comments                 30, 2014. Although 112 closed-end funds made
                                                 At any time within 60 days of the                                                                          disclosures regarding ‘‘publicly announced’’
tkelley on DSK4VPTVN1PROD with NOTICES




                                              filing of the proposed rule change, the                 received will be posted without change;               repurchase plans in response to Item 9, not all
                                              Commission summarily may                                the Commission does not edit personal                 repurchases are made pursuant to Rule 23c–1. We
                                              temporarily suspend such rule change if                 identifying information from                          estimate that approximately 30% of such closed-
                                                                                                      submissions. You should submit only                   end funds have not made repurchases pursuant to
                                                                                                                                                            Rule 23c–1. Therefore, our estimate does not
                                                6 15 U.S.C. 78f(b)(8).                                information that you wish to make                     include all 112 funds that made disclosures of
                                                7 15 U.S.C. 78s(b)(3)(A).                             available publicly. All submissions                   publicly announced repurchases under Item 9, but
                                                8 17 CFR 240.19b–4(f)(6).                             should refer to File Number SR–ISE–                   only a subset thereof.



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Document Created: 2015-12-18 11:18:09
Document Modified: 2015-12-18 11:18:09
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 18447 

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