80_FR_18731 80 FR 18665 - Self-Regulatory Organizations; ISE Gemini, 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 18665 - Self-Regulatory Organizations; ISE Gemini, 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 66 (April 7, 2015)

Page Range18665-18667
FR Document2015-07849

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18665-18667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07849]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74622; File No. SR-ISEGemini-2015-08]


Self-Regulatory Organizations; ISE Gemini, 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 30, 2015 ISE Gemini, LLC (the ``Exchange'' 
or ``ISE Gemini'') 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

[[Page 18666]]

solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    ISE Gemini 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.''
---------------------------------------------------------------------------

    \3\ See Rule 706(a).
---------------------------------------------------------------------------

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

    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 18667]]

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

    \6\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    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 [email protected]. Please include 
File Number SR-ISEGemini 2015-08 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISEGemini-2015-08. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (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-ISEGemini-
2015-08, and should be submitted on or before April 28, 2015.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Brent J. Fields,
Secretary.
[FR Doc. 2015-07849 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 8011-01-P



                                                                                   Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices                                                18665

                                                  materially in 1947. Rule 17f–2                          estimates that on an annual basis it                  custody of their own assets. Responses
                                                  establishes safeguards for arrangements                 takes: (i) 0.5 hours of fund accounting               will not be kept confidential. An agency
                                                  in which a registered management                        personnel at a total cost of $99 to draft             may not conduct or sponsor, and a
                                                  investment company (‘‘fund’’) is                        director resolutions; 4 (ii) 0.5 hours of             person is not required to respond to, a
                                                  deemed to maintain custody of its own                   the fund’s board of directors at a total              collection of information unless it
                                                  assets, such as when the fund maintains                 cost of $2200 to adopt the resolution; 5              displays a currently valid control
                                                  its assets in a facility that provides                  (iii) 244 hours for the fund’s accounting             number.
                                                  safekeeping but not custodial services.1                personnel at a total cost of $63,797 to                 Written comments are invited on: (a)
                                                  The rule includes several recordkeeping                 prepare written notations of                          Whether the collection of information is
                                                  or reporting requirements. The fund’s                   transactions; 6 and (iv) 7 hours for the              necessary for the proper performance of
                                                  directors must prepare a resolution                     fund’s accounting personnel at a total                the functions of the Commission,
                                                  designating not more than five fund                     cost of $1386 to assist the independent               including whether the information has
                                                  officers or responsible employees who                   public accountants when they perform                  practical utility; (b) the accuracy of the
                                                  may have access to the fund’s assets.                   verifications of fund assets.7                        Commission’s estimate of the burden of
                                                  The designated access persons (two or                   Commission staff estimates that                       the collection of information; (c) ways to
                                                  more of whom must act jointly when                      approximately 188 funds file Form N–                  enhance the quality, utility, and clarity
                                                  handling fund assets) must prepare a                    17f–2 each year.8 Thus, the total annual              of the information collected; and (d)
                                                  written notation providing certain                      hour burden for rule 17f–2 is estimated               ways to minimize the burden of the
                                                  information about each deposit or                       to be 47,376 hours.9 Based on the total               collection of information on
                                                  withdrawal of fund assets, and must                     costs per fund listed above, the total                respondents, including through the use
                                                  transmit the notation to another officer                cost of rule 17f–2’s collection of                    of automated collection techniques or
                                                  or director designated by the directors.                information requirements is estimated                 other forms of information technology.
                                                  An independent public accountant must                   to be approximately $12.7 million.10                  Consideration will be given to
                                                  verify the fund’s assets three times each                  The estimate of average burden hours               comments and suggestions submitted in
                                                  year, and two of those examinations                     is made solely for the purposes of the                writing within 60 days of this
                                                  must be unscheduled.2                                   Paperwork Reduction Act, and is not                   publication.
                                                                                                          derived from a comprehensive or even                    Please direct your written comments
                                                     Rule 17f–2’s requirement that
                                                                                                          a representative survey or study of the               to Pamela Dyson, Director/Chief
                                                  directors designate access persons is
                                                                                                          costs of Commission rules and forms.                  Information Officer, Securities and
                                                  intended to ensure that directors
                                                                                                          Complying with the collections of                     Exchange Commission, c/o Remi Pavlik-
                                                  evaluate the trustworthiness of insiders
                                                                                                          information required by rule 17f–2 is                 Simon, 100 F Street NE., Washington,
                                                  who handle fund assets. The
                                                                                                          mandatory for those funds that maintain               DC 20549; or send an email to: PRA_
                                                  requirements that access persons act
                                                  jointly in handling fund assets, prepare                                                                      Mailbox@sec.gov.
                                                                                                          industry. The actual number of hours may vary
                                                  a written notation of each transaction,                 significantly depending on individual fund assets.      Dated: April 1, 2015.
                                                  and transmit the notation to another                       4 This estimate is based on the following          Brent J. Fields,
                                                  designated person are intended to                       calculation: 0.5 (burden hours per fund) × $198       Secretary.
                                                                                                          (senior accountant’s hourly rate) = $99. Unless
                                                  reduce the risk of misappropriation of                  otherwise indicated, the hourly wage figures used     [FR Doc. 2015–07852 Filed 4–6–15; 8:45 am]
                                                  fund assets by access persons, and to                   herein are from the Securities Industry and           BILLING CODE CODE 8011–01–P
                                                  ensure that adequate records are                        Financial Markets Association’s Management &
                                                  prepared, reviewed by a responsible                     Professional Earnings in the Securities Industry
                                                                                                          2013, modified by Commission staff to account for
                                                  third person, and available for                         an 1800-hour work-year and multiplied by 5.35 to      SECURITIES AND EXCHANGE
                                                  examination by the Commission. The                      account for bonuses, firm size, employee benefits     COMMISSION
                                                  requirement that auditors verify fund                   and overhead.
                                                                                                             5 The estimate for the cost of board time as a     [Release No. 34–74622; File No. SR–
                                                  assets without notice twice each year is                                                                      ISEGemini–2015–08]
                                                                                                          whole is derived from estimates made by the staff
                                                  intended to provide an additional                       regarding typical board size and compensation that
                                                  deterrent to the misappropriation of                    is based on information received from fund            Self-Regulatory Organizations; ISE
                                                  fund assets and to detect any                           representatives and publicly available sources.       Gemini, LLC; Notice of Filing and
                                                  irregularities.                                            6 Respondents estimated that each fund makes
                                                                                                                                                                Immediate Effectiveness of Proposed
                                                                                                          974 responses on an annual basis and spends a total
                                                     The Commission staff estimates that                  of 0.25 hours per response. The fund personnel        Rule Change To Share Member-
                                                  each fund makes 974 responses and                       involved are Accounts Payable Manager ($186           Designated Risk Settings in the
                                                  spends an average of 252 hours annually                 hourly rate), Operations Manager ($334 hourly rate)   Trading System With Clearing
                                                  in complying with the rule’s                            and Accounting Manager ($265 hourly rate). The        Members
                                                                                                          average hourly rate of these personnel is $262. The
                                                  requirements.3 Commission staff                         estimated cost of preparing notations is based on
                                                                                                          the following calculation: 974 × 0.25 × $262 =        APRIL 1, 2015.Pursuant to Section
                                                    1 The  rule generally requires all assets to be       $63,797.                                              19(b)(1) of the Securities Exchange Act
                                                  deposited in the safekeeping of a ‘‘bank or other          7 This estimate is based on the following
                                                                                                                                                                of 1934 (the ‘‘Act’’),1 and Rule 19b–4
                                                  company whose functions and physical facilities         calculation: 7 × $198 (senior accountant’s hourly
                                                  are supervised by Federal or State authority.’’ The     rate) = $1386.                                        thereunder,2 notice is hereby given that
                                                  fund’s securities must be physically segregated at         8 On average, each year approximately 188 funds    on March 30, 2015 ISE Gemini, LLC (the
                                                  all times from the securities of any other person.      filed Form N–17f–2 with the Commission during         ‘‘Exchange’’ or ‘‘ISE Gemini’’) filed with
                                                     2 The accountant must transmit to the                calendar years 2011–2013.                             the Securities and Exchange
                                                  Commission promptly after each examination a               9 This estimate is based on the following
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  certificate describing the examination on Form N–       calculation: 188 (funds) × 252 (total annual hourly
                                                                                                                                                                Commission the proposed rule change,
                                                  17f–2. The third (scheduled) examination may            burden per fund) = 47,376 hours for rule. The         as described in Items I, II, and III below,
                                                  coincide with the annual verification required for      annual burden for rule 17f–2 does not include time    which items have been prepared by the
                                                  every fund by section 30(g) of the Act (15 U.S.C.       spent preparing Form N–17f–2. The burden for          self-regulatory organization. The
                                                  80a–29(g)).                                             Form N–17f–2 is included in a separate collection
                                                     3 The 974 responses are: 1 (one) response to draft   of information.
                                                                                                                                                                Commission is publishing this notice to
                                                  and adopt the resolution and 973 notations.                10 This estimate is based on the following

                                                  Estimates of the number of hours are based on           calculation: $67,482 (total annual cost per fund) ×     1 15   U.S.C. 78s(b)(1).
                                                  conversations with individuals in the fund              188 funds = $12,686,616.                                2 17   CFR 240.19b–4.



                                             VerDate Sep<11>2014   17:46 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\07APN1.SGM    07APN1


                                                  18666                             Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices

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




                                                  Access Members, or a Market Maker                         electronic trading environment, can
                                                  Letter of Guarantee, in the case of                       occur simultaneously across multiple                  guarantee, thereby providing Clearing
                                                  Primary Market Makers and Competitive                     series and multiple option classes. The               Members with greater control and
                                                  Market Makers, wherein the Clearing                       proposed rule will allow the Exchange                 flexibility over setting their own risk
                                                  Member ‘‘accepts financial                                to share a Member’s risk settings with                tolerance and exposure.
                                                  responsibility for all Exchange                           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).



                                             VerDate Sep<11>2014     17:46 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\07APN1.SGM    07APN1


                                                                                  Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices                                                   18667

                                                  B. Self-Regulatory Organization’s                       it appears to the Commission that such                ISEGemini–2015–08, and should be
                                                  Statement on Burden on Competition                      action is: (i) Necessary or appropriate in            submitted on or before April 28, 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. 2015–07849 Filed 4–6–15; 8:45 am]
                                                  proposed rule change is not designed to                 should be approved or disapproved.
                                                                                                                                                                BILLING CODE 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                   [Release No. 34–74627; File No. SR–Phlx–
                                                  Member has executed a letter of
                                                                                                          change is consistent with the Act.                    2015–30]
                                                  guarantee so the Clearing Member can
                                                                                                          Comments may be submitted by any of
                                                  better monitor and manage the potential                                                                       Self-Regulatory Organizations;
                                                                                                          the following methods:
                                                  risks assumed by the Members, thereby                                                                         NASDAQ OMX PHLX LLC; Notice of
                                                  providing them with greater control and                 Electronic Comments                                   Filing and Immediate Effectiveness of
                                                  flexibility over setting their own risk                   • Use the Commission’s Internet                     Proposed Rule Change To Amend
                                                  tolerance and exposure. The proposed                    comment form (http://www.sec.gov/                     Section (a)(iv) of Rule 703, Financial
                                                  rule change does not pose an undue                      rules/sro.shtml); or                                  Responsibility and Reporting
                                                  burden on non-Clearing Members                            • Send an email to rule-comments@
                                                  because, unlike Clearing Members, non-                  sec.gov. Please include File Number SR–               April 1, 2015.
                                                  Clearing Members do not guarantee the                   ISEGemini 2015–08 on the subject line.                   Pursuant to Section 19(b)(1) of the
                                                  execution of the Member transactions                                                                          Securities Exchange Act of 1934
                                                  on the Exchange. The proposed rule                      Paper Comments                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  change is structured to offer the same                     • Send paper comments in triplicate                notice is hereby given that on March 23,
                                                  enhancement to all Clearing Members,                    to Secretary, Securities and Exchange                 2015, NASDAQ OMX PHLX LLC
                                                  regardless of size, and would not                       Commission, 100 F Street NE.,                         (‘‘Phlx’’ or ‘‘Exchange’’) filed with the
                                                  impose a competitive burden on any                      Washington, DC 20549–1090.                            Securities and Exchange Commission
                                                  participant.                                            All submissions should refer to File                  (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                  C. Self-Regulatory Organization’s                       Number SR–ISEGemini–2015–08. This                     rule change as described in Items I, II,
                                                  Statement on Comments on the                            file number should be included on the                 and III, below, which Items have been
                                                  Proposed Rule Change Received From                      subject line if email is used. To help the            substantially prepared by the Exchange.
                                                  Members, Participants, or Others                        Commission process and review your                    The Commission is publishing this
                                                                                                          comments more efficiently, please use                 notice to solicit comments on the
                                                    The Exchange has not solicited, and                   only one method. The Commission will                  proposed rule change from interested
                                                  does not intend to solicit, comments on                 post all comments on the Commission’s                 persons.
                                                  this proposed rule change. The                          Internet Web site (http://www.sec.gov/
                                                  Exchange has not received any                                                                                 I. Self-Regulatory Organization’s
                                                                                                          rules/sro.shtml). Copies of the
                                                  unsolicited written comments from                                                                             Statement of the Terms of Substance of
                                                                                                          submission, all subsequent
                                                  members or other interested parties.                                                                          the Proposed Rule Change
                                                                                                          amendments, all written statements
                                                  III. Date of Effectiveness of the                       with respect to the proposed rule                        The Exchange proposes to amend
                                                  Proposed Rule Change and Timing for                     change that are filed with the                        section (a)(iv) of Rule 703, Financial
                                                  Commission Action                                       Commission, and all written                           Responsibility and Reporting, as
                                                                                                          communications relating to the                        described below.3
                                                     The Exchange believes that the
                                                                                                          proposed rule change between the                         The text of the proposed rule change
                                                  foregoing proposed rule change may
                                                                                                          Commission and any person, other than                 is below. Proposed new language is in
                                                  take effect upon filing with the
                                                                                                          those that may be withheld from the                   italics; proposed deletions are in
                                                  Commission pursuant to
                                                                                                          public in accordance with the                         brackets.
                                                  Section19(b)(3)(A) 7 of the Act and Rule
                                                  19b–4(f)(6) thereunder 8 because the                    provisions of 5 U.S.C. 552, will be
                                                                                                                                                                *           *   *    *     *
                                                  foregoing proposed rule change does not                 available for Web site viewing and
                                                                                                          printing in the Commission’s Public                   Rule 703. Financial Responsibility and
                                                  (i) significantly affect the protection of                                                                    Reporting
                                                  investors or the public interest, (ii)                  Reference Room, 100 F Street NE.,
                                                                                                          Washington, DC 20549, on official                     (a) Financial Responsibility Standards.—
                                                  impose any significant burden on                                                                                   Each member organization effecting
                                                  competition, and (iii) become operative                 business days between the hours of
                                                                                                                                                                     securities transactions shall comply with
                                                  for 30 days after its filing date, or such              10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                                                                     the capital requirements set forth below:
                                                  shorter time as the Commission may                      filing also will be available for                     (i) each member organization subject to SEC
                                                  designate.                                              inspection and copying at the principal
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     At any time within 60 days of the                    offices of the Exchange. All comments                     9 17
                                                                                                                                                                       CFR 200.30–3(a)(12).
                                                  filing of the proposed rule change, the                 received will be posted without change;                   1 See
                                                                                                                                                                        15 U.S.C. 78s(b)(1).
                                                  Commission summarily may                                the Commission does not edit personal                   2 See 17 CFR 240.19b–4.

                                                  temporarily suspend such rule change if                 identifying information from                            3 A Registered Options Trader or ROT is a regular

                                                                                                          submissions. You should submit only                   member or a foreign currency options participant of
                                                                                                                                                                the Exchange located on the trading floor who has
                                                    6 15 U.S.C. 78f(b)(8).                                information that you wish to make                     received permission from the Exchange to trade in
                                                    7 15 U.S.C. 78s(b)(3)(A).                             available publicly. All submissions                   options for his own account. See Exchange Rule
                                                    8 17 CFR 240.19b-4(f)(6).                             should refer to File Number SR–                       1014(b)(i).



                                             VerDate Sep<11>2014   17:46 Apr 06, 2015   Jkt 235001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\07APN1.SGM      07APN1



Document Created: 2018-02-21 10:05:36
Document Modified: 2018-02-21 10:05:36
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 18665 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR