80_FR_22668 80 FR 22591 - Self-Regulatory Organizations; The Options Clearing Corporation; Order Approving Proposed Rule Change Concerning the Execution of an Agreement for Clearing and Settlement Services Between OCC and NASDAQ Futures, Inc.

80 FR 22591 - Self-Regulatory Organizations; The Options Clearing Corporation; Order Approving Proposed Rule Change Concerning the Execution of an Agreement for Clearing and Settlement Services Between OCC and NASDAQ Futures, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 77 (April 22, 2015)

Page Range22591-22593
FR Document2015-09266

Federal Register, Volume 80 Issue 77 (Wednesday, April 22, 2015)
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Pages 22591-22593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09266]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74747; File No. SR-OCC-2015-03]


Self-Regulatory Organizations; The Options Clearing Corporation; 
Order Approving Proposed Rule Change Concerning the Execution of an 
Agreement for Clearing and Settlement Services Between OCC and NASDAQ 
Futures, Inc.

April 16, 2015.
    On February 20, 2015, The Options Clearing Corporation (``OCC'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change OCC-2015-03 pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder.\2\ The proposed rule change was published for comment in 
the Federal Register on March 10, 2015.\3\ The Commission received no 
comments on the proposed rule change. This order approves the proposed 
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 74432 (March 4, 2015), 
80 FR 12652 (March 10, 2015) (SR-OCC-2015-03).

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[[Page 22592]]

I. Description

    OCC proposes to execute an Agreement for Clearing and Settlement 
Services (``Clearing Agreement'') between OCC and NASDAQ Futures, Inc. 
(``NFX'') in connection with NFX's operation as a designated contract 
market (``DCM'') \4\ regulated by the Commodity Futures Trading 
Commission (``CFTC''). OCC will provide clearance and settlement 
services to NFX pursuant to the terms set forth in the Clearing 
Agreement. The rule change, as proposed, permits OCC to begin providing 
clearing and settlement services for NFX in the second quarter of 2015.
---------------------------------------------------------------------------

    \4\ See http://www.cftc.gov/ucm/groups/public/@otherif/documents/ifdocs/nasdaqorderofreinstatement.pdf.
---------------------------------------------------------------------------

    NFX previously operated as a DCM and cleared its futures contracts 
through OCC. As such, OCC and NFX had previously entered into a Second 
Amended and Restated Agreement for Clearing and Settlement Services 
(``Previous Agreement'') dated January 13, 2012.\5\ As of January 31, 
2014, NFX ceased operations as a contract market and became a dormant 
contract market under CFTC Regulations.\6\ As a result, the Previous 
Agreement was terminated pursuant to its terms \7\ and the clearing 
relationship between OCC and NFX terminated.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 66340 (February 7, 
2012), 77 FR 7621 (February 13, 2012) (SR-OCC-2012-02).
    \6\ See 17 CFR 40.1.
    \7\ More specifically, the Previous Agreement, in relevant part, 
stated that it would terminate if NFX terminates trading of all 
Cleared Contracts. See Section 19(b) of the Previous Agreement. See 
also note 5 supra.
---------------------------------------------------------------------------

    On November 21, 2014, NFX was approved by the CFTC as a DCM.\8\ In 
connection with that approval, OCC proposes to provide the clearance 
and settlement services as described in the Clearing Agreement, which 
is substantially similar to the Previous Agreement with several 
differences discussed in more detail below. The Clearing Agreement has 
been amended to allow OCC more flexibility in determining which 
products it will clear based upon its conclusion that it is able to 
appropriately risk manage such products using commercially reasonable 
standards.\9\ More specifically, the following changes have been made:
---------------------------------------------------------------------------

    \8\ See note 4 supra.
    \9\ See Sections 3(a) and 9 of the Clearing Agreement in which 
language has been added allowing such flexibility.
---------------------------------------------------------------------------

     Section 3(a) of the Clearing Agreement, ``General Criteria 
for Underlying Interests,'' has been amended to permit NFX to select 
the underlying interests that are the subject of currency futures, 
commodity futures, and/or futures options to be traded on NFX only if 
OCC is satisfied that it is able to appropriately risk manage the 
contract with the proposed underlying interest using commercially 
reasonable efforts.
     Section 9 of the Clearing Agreement, ``Limitations of 
Authority and Responsibility,'' has been amended to specify that OCC 
shall have no responsibility to enforce standards relating to the 
conduct of trading on NFX unless OCC finds it reasonably necessary in 
order to appropriately risk manage the products that are being traded 
on NFX.
    In addition, the Clearing Agreement will also make several changes 
to the Previous Agreement, which include:
     Section 3(c), ``Procedures for Selection of Underlying 
Interests,'' has been amended to state that NFX must submit a 
certificate for a new class of contracts not already listed or traded 
on NFX as soon as practicable (rather than ten days prior to the 
commencement of trading). It has also been amended to state that OCC 
will be obligated to use commercially reasonable efforts to authorize 
the clearance and settlement of such contracts as soon as practicable. 
In addition, the Clearing Agreement expressly obligates NFX to provide 
OCC with any additional information as requested by OCC from time to 
time that will assist OCC in identifying a new product proposed for 
clearing by NFX. OCC believes that these amendments to Section 3(c), 
related to the procedures for the selection of underlying interests, 
will ensure that OCC not only has the correct information needed to 
evaluate a proposed new product but that the information will be 
produced to OCC in a timely manner which will provide OCC sufficient 
time to evaluate the proposed new product.
     Section 3(d), ``Notice of Additional Maturity or 
Expiration Dates,'' has been amended to state that, for a class of 
products previously certified, NFX may introduce a new maturity or 
expiration date that is in the cycle set forth in the certificate by 
providing notice to OCC through electronic means specified by OCC. The 
Previous Agreement required such notice to be sent to OCC only by email 
or facsimile.
     A universal conforming change has been made to various 
sections in the Clearing Agreement to replace the term ``matched'' 
trades with ``confirmed'' trades to better describe trades that are 
processed for clearance and settlement.\10\
---------------------------------------------------------------------------

    \10\ See Article I, Section 1(C)(28) of OCC's By-Laws. See also 
Sections 3(g), 6(a), 7, 19, and Schedule A, Section 1 of the 
Clearing Agreement.
---------------------------------------------------------------------------

     Section 5(a), ``Confirmed Trade Reports,'' has been 
amended to remove language discussing the possibility that NFX will 
provide OCC with a confirmed trade report on a real time basis as this 
capability is already captured in the language ``as the Corporation may 
reasonably prescribe.''
     Section 5(c)(i) has been amended to include language that 
will allow OCC to determine the final settlement price for a futures 
contract in which the underlying interest is a cash-settled foreign 
currency if the organized market in which that foreign currency future 
is traded on, or the foreign currency itself, did not open or remain 
open for trading at or before the time in which the settlement price 
for such futures contract would ordinarily be determined. In addition, 
Section 5(c)(i) has been amended to include a reference to ``variance'' 
when listing factors that will allow OCC to determine a final 
reasonable settlement price, if not reported at the ordinary time of 
final settlement. OCC believes that these additions to the Clearing 
Agreement clarify the potential underlying interests in which NFX may 
introduce futures contracts and make the Clearing Agreement more 
precise.
     Section 7, ``Acceptance and Rejection of Transactions in 
Cleared Contracts,'' has been amended to include a provision that will 
allow OCC, in accordance with its By-Laws, to reject transactions due 
to validation errors which will allow OCC to better manage its 
clearance and settlement obligations by expressly allowing it to reject 
transactions that do not contain complete terms. These validation 
errors include, for example, an incorrect Clearing Member, account, 
product or format.
     Section 8, ``Non-Discrimination,'' has been amended to 
delete a provision restricting OCC from changing its By-Laws or Rules 
in any manner that may limit its obligations to clear and settle for 
NFX. In addition, a provision has been deleted requiring OCC to amend 
the Clearing Agreement in the event that OCC has made changes to its 
standard form agreement for clearing and settlement services. Section 8 
has also been amended to delete a provision stating OCC is required to 
consult with NFX and modify OCC's By-Laws or Rules to incorporate 
product design features specified by NFX for new products. OCC believes 
that these

[[Page 22593]]

provisions are no longer necessary as they limit OCC's ability to 
modify its By-Laws, Rules and agreements which may be necessary for OCC 
to fulfill its obligations as a clearing organization. OCC will, 
however, continue to be obligated to fulfill both the provisions of the 
Clearing Agreement and OCC's regulatory responsibilities. Section 8 has 
additionally been amended to delete an obligation for each party to 
provide the other with proposed rule changes. The elimination of this 
contractual obligation reflects the parties' determination that their 
respective obligations to post filed regulatory submissions on their 
public Web sites provides sufficient notice of such changes.
     Section 11, ``Financial Requirements for Clearing 
Members,'' has been amended to delete a provision stating the specific 
financial responsibility standards OCC has with respect to its Clearing 
Members. This change was made to further streamline the Clearing 
Agreement given OCC's general obligation to remain consistent with OCC 
By-Laws and Rules.
     Section 14, ``Programs and Projects,'' has been amended to 
eliminate a provision expressly requiring OCC to offer futures contract 
clearing terms to NFX that are no less favorable to the terms offered 
to other exchanges.
     Sections 15 and 24 in the Previous Agreement, 
``Information Sharing'' and ``Quality Standards'' respectively, have 
been deleted in their entirety in an attempt to simplify the Clearing 
Agreement as the sections create unnecessary obligations on the parties 
and are duplicative of general regulatory responsibilities of both 
parties.
     Section 18(b), ``Other Grounds for Termination,'' has been 
amended to include a provision that OCC may terminate the Clearing 
Agreement at any time so long as NFX is given 120 days prior written 
notice. The addition of this provision better balances the rights of 
both parties to terminate the Clearing Agreement at their discretion 
provided that proper notice is given as required by the Clearing 
Agreement.
     Various administrative changes have been made throughout 
the document including, but not limited to, an amended legal name and 
description of NFX, updated references to sections within the document, 
and clean-up changes of duplicative terms.
    Finally, pursuant to the rule change, as approved, Schedule A of 
the Clearing Agreement, ``Description of Clearing and Settlement 
Services'' and Schedule B of the Clearing Agreement, ``Information 
Sharing,'' are being amended as follows:
     Section (1) of Schedule A of the Clearing Agreement, 
``Trade Acceptance,'' has been updated to reflect current OCC 
operational requirements with respect to submission of confirmed 
trades.
     Section (4) of Schedule A, ``Information for Clearing 
Members,'' has been amended to delete specific information sharing 
obligations of OCC to its Clearing Members and to state that the 
information provided to Clearing Members will be in accordance with 
OCC's By-Laws and Rules.
     Section (I)(A) of Schedule B has been amended to delete 
specific references to information that OCC will provide to Clearing 
Members on a daily basis and instead adds a provision that OCC will 
provide NFX with its ``Data Distribution Service'' information for 
regulatory and financial purposes.
     Section (I)(B) of Schedule B has been amended to delete 
certain information sharing provisions and to state that the 
information sharing obligations OCC continues to have may be satisfied 
by posting the required information on OCC's public Web site which 
streamlines the information sharing process.

II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \11\ directs the Commission to 
approve a proposed rule change of a self-regulatory organization if it 
finds that the proposed rule change is consistent with the requirements 
of the Act and the rules and regulations thereunder applicable to such 
organization. The Commission finds that the proposed rule change is 
consistent with Section 17A(b)(3)(F) of the Act,\12\ which requires, 
among other things, that the rules of a clearing agency be designed to 
promote the prompt and accurate clearance and settlement of securities 
transactions and, to the extent applicable, derivative agreements, 
contracts, and transactions, to assure the safeguarding of securities 
and funds which are in its custody or control or for which it is 
responsible, and, in general, to protect investors and the public 
interest. As approved, the Clearing Agreement will allow derivative 
contract trades executed on NFX to be cleared and settled at OCC, 
thereby ensuring that these trades will be subject to the comprehensive 
operational and risk management framework at OCC. In so doing, the 
Clearing Agreement, should reduce the costs and risks associated with 
clearing and settling NFX trades, which should in turn promote the 
prompt and accurate clearance and settlement of the NFX derivative 
contract transactions, better assure the safeguarding of related 
securities and funds in the custody and control of OCC, and better 
protect investors and the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(C).
    \12\ 15 U.S.C. 78q-1(b)(3)(F).
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III. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act and in 
particular with the requirements of Section 17A of the Act \13\ and the 
rules and regulations thereunder.
---------------------------------------------------------------------------

    \13\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2) of the 
Act,\14\ that the proposed rule change (SR-OCC-2015-03) be, and it 
hereby is, approved.
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    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-09266 Filed 4-21-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices                                                   22591

                                                    vendors’ pricing discipline is the same:                C. Self-Regulatory Organization’s                       those that may be withheld from the
                                                    They can simply refuse to purchase any                  Statement on Comments on the                            public in accordance with the
                                                    proprietary data product that fails to                  Proposed Rule Change Received From                      provisions of 5 U.S.C. 552, will be
                                                    provide sufficient value. NASDAQ and                    Members, Participants, or Others                        available for Web site viewing and
                                                    other producers of proprietary data                       Written comments were neither                         printing in the Commission’s Public
                                                    products must understand and respond                    solicited nor received.                                 Reference Room, 100 F Street NE.,
                                                    to these varying business models and                                                                            Washington, DC 20549, on official
                                                    pricing disciplines in order to market                  III. Date of Effectiveness of the                       business days between the hours of
                                                    proprietary data products successfully.                 Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                            Commission Action                                       filing will also be available for
                                                       In addition to the competition and
                                                    price discipline described above, the                      The foregoing rule change has become                 inspection and copying at the principal
                                                    market for proprietary data products is                 effective pursuant to Section                           office of the Exchange. All comments
                                                    also highly contestable because market                  19(b)(3)(A)(ii) of the Act.6 At any time                received will be posted without change;
                                                    entry is rapid, inexpensive, and                        within 60 days of the filing of the                     the Commission does not edit personal
                                                    profitable. The history of electronic                   proposed rule change, the Commission                    identifying information from
                                                    trading is replete with examples of                     summarily may temporarily suspend                       submissions. You should submit only
                                                    entrants that swiftly grew into some of                 such rule change if it appears to the                   information that you wish to make
                                                    the largest electronic trading platforms                Commission that such action is                          available publicly.
                                                    and proprietary data producers:                         necessary or appropriate in the public
                                                                                                                                                                       All submissions should refer to File
                                                    Archipelago, Bloomberg Tradebook,                       interest, for the protection of investors,
                                                                                                                                                                    Number SR–NASDAQ–2015–035 and
                                                    Island, RediBook, Attain, TracECN and                   or otherwise in furtherance of the
                                                                                                            purposes of the Act. If the Commission                  should be submitted on or before May
                                                    BATS Trading. A proliferation of dark                                                                           13, 2015.
                                                    pools and other ATSs operate profitably                 takes such action, the Commission shall
                                                    with fragmentary shares of consolidated                 institute proceedings to determine                        For the Commission, by the Division of
                                                    market volume.                                          whether the proposed rule should be                     Trading and Markets, pursuant to delegated
                                                                                                            approved or disapproved.                                authority.7
                                                       Regulation NMS, by deregulating the                                                                          Brent J. Fields,
                                                    market for proprietary data, has                        IV. Solicitation of Comments
                                                    increased the contestability of that                                                                            Secretary.
                                                                                                              Interested persons are invited to
                                                    market. While broker-dealers have                                                                               [FR Doc. 2015–09264 Filed 4–21–15; 8:45 am]
                                                                                                            submit written data, views, and
                                                    previously published their proprietary                  arguments concerning the foregoing,                     BILLING CODE 8011–01–P
                                                    data individually, Regulation NMS                       including whether the proposed rule
                                                    encourages market data vendors and                      change, as amended, is consistent with
                                                    broker-dealers to produce proprietary                   the Act. Comments may be submitted by                   SECURITIES AND EXCHANGE
                                                    products cooperatively in a manner                      any of the following methods:                           COMMISSION
                                                    never before possible. Multiple market
                                                                                                            Electronic Comments
                                                    data vendors already have the capability                                                                        [Release No. 34–74747; File No. SR–OCC–
                                                    to aggregate data and disseminate it on                   • Use the Commission’s Internet                       2015–03]
                                                    a profitable scale, including Bloomberg,                comment form (http://www.sec.gov/
                                                    and Thomson Reuters.                                    rules/sro.shtml); or                                    Self-Regulatory Organizations; The
                                                                                                              • Send an email to rule-comments@                     Options Clearing Corporation; Order
                                                       The vigor of competition for                         sec.gov. Please include File Number SR–
                                                    information is significant. NASDAQ has                                                                          Approving Proposed Rule Change
                                                                                                            NASDAQ–2015–035 on the subject line.                    Concerning the Execution of an
                                                    made a determination to adjust the fees
                                                    associated with these products in order                 Paper Comments                                          Agreement for Clearing and Settlement
                                                                                                                                                                    Services Between OCC and NASDAQ
                                                    to reflect more accurately the value of                    • Send paper comments in triplicate                  Futures, Inc.
                                                    its products and the investments made                   to Brent J. Fields, Secretary, Securities
                                                    to enhance them, as well as to keep pace                and Exchange Commission, 100 F Street                   April 16, 2015.
                                                    with changes in the industry and                        NE., Washington, DC 20549–1090.
                                                    evolving customer needs. These                                                                                     On February 20, 2015, The Options
                                                                                                            All submissions should refer to File                    Clearing Corporation (‘‘OCC’’) filed with
                                                    products are entirely optional and are                  Number SR–NASDAQ–2015–035. This
                                                    geared towards attracting new                                                                                   the Securities and Exchange
                                                                                                            file number should be included on the
                                                    customers, as well as retaining existing                                                                        Commission (‘‘Commission’’) the
                                                                                                            subject line if email is used. To help the
                                                    customers.                                                                                                      proposed rule change OCC–2015–03
                                                                                                            Commission process and review your
                                                                                                                                                                    pursuant to Section 19(b)(1) of the
                                                       In all cases, firms make decisions on                comments more efficiently, please use
                                                                                                                                                                    Securities Exchange Act of 1934
                                                    how much and what types of data to                      only one method. The Commission will
                                                    consume on the basis of the total cost of                                                                       (‘‘Act’’) 1 and Rule 19b–4 thereunder.2
                                                                                                            post all comments on the Commission’s
                                                    interacting with NASDAQ or other                                                                                The proposed rule change was
                                                                                                            Internet Web site (http://www.sec.gov/
                                                    exchanges. Of course, the explicit data                                                                         published for comment in the Federal
                                                                                                            rules/sro.shtml). Copies of the
                                                    fees are but one factor in a total platform                                                                     Register on March 10, 2015.3 The
                                                                                                            submission, all subsequent
                                                    analysis. Some competitors have lower                                                                           Commission received no comments on
                                                                                                            amendments, all written statements
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    transactions fees and higher data fees,                 with respect to the proposed rule                       the proposed rule change. This order
                                                    and others are vice versa. For example,                 change that are filed with the                          approves the proposed rule change.
                                                    NOM offers one distributor fee which                    Commission, and all written
                                                                                                                                                                      7 17 CFR 200.30–3(a)(12).
                                                    allows firms to access both the BONO                    communications relating to the                            1 15 U.S.C. 78s(b)(1).
                                                    and ITTO data feeds. The market for this                proposed rule change between the                          2 17 CFR 240.19b–4.
                                                    information is highly competitive and                   Commission and any person, other than                     3 Securities Exchange Act Release No. 74432
                                                    continually evolves as products develop                                                                         (March 4, 2015), 80 FR 12652 (March 10, 2015) (SR–
                                                    and change.                                               6 15   U.S.C. 78s(b)(3)(A)(ii).                       OCC–2015–03).



                                               VerDate Sep<11>2014   18:00 Apr 21, 2015   Jkt 235001   PO 00000   Frm 00119     Fmt 4703   Sfmt 4703   E:\FR\FM\22APN1.SGM   22APN1


                                                    22592                        Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices

                                                    I. Description                                          of currency futures, commodity futures,               processed for clearance and
                                                       OCC proposes to execute an                           and/or futures options to be traded on                settlement.10
                                                    Agreement for Clearing and Settlement                   NFX only if OCC is satisfied that it is                  • Section 5(a), ‘‘Confirmed Trade
                                                    Services (‘‘Clearing Agreement’’)                       able to appropriately risk manage the                 Reports,’’ has been amended to remove
                                                    between OCC and NASDAQ Futures,                         contract with the proposed underlying                 language discussing the possibility that
                                                    Inc. (‘‘NFX’’) in connection with NFX’s                 interest using commercially reasonable                NFX will provide OCC with a confirmed
                                                    operation as a designated contract                      efforts.                                              trade report on a real time basis as this
                                                    market (‘‘DCM’’) 4 regulated by the                                                                           capability is already captured in the
                                                                                                               • Section 9 of the Clearing                        language ‘‘as the Corporation may
                                                    Commodity Futures Trading                               Agreement, ‘‘Limitations of Authority
                                                    Commission (‘‘CFTC’’). OCC will                                                                               reasonably prescribe.’’
                                                    provide clearance and settlement
                                                                                                            and Responsibility,’’ has been amended                   • Section 5(c)(i) has been amended to
                                                                                                            to specify that OCC shall have no                     include language that will allow OCC to
                                                    services to NFX pursuant to the terms
                                                                                                            responsibility to enforce standards                   determine the final settlement price for
                                                    set forth in the Clearing Agreement. The
                                                    rule change, as proposed, permits OCC                   relating to the conduct of trading on                 a futures contract in which the
                                                    to begin providing clearing and                         NFX unless OCC finds it reasonably                    underlying interest is a cash-settled
                                                    settlement services for NFX in the                      necessary in order to appropriately risk              foreign currency if the organized market
                                                    second quarter of 2015.                                 manage the products that are being                    in which that foreign currency future is
                                                       NFX previously operated as a DCM                     traded on NFX.                                        traded on, or the foreign currency itself,
                                                    and cleared its futures contracts through                  In addition, the Clearing Agreement                did not open or remain open for trading
                                                    OCC. As such, OCC and NFX had                                                                                 at or before the time in which the
                                                                                                            will also make several changes to the
                                                    previously entered into a Second                                                                              settlement price for such futures
                                                                                                            Previous Agreement, which include:
                                                    Amended and Restated Agreement for                                                                            contract would ordinarily be
                                                    Clearing and Settlement Services                           • Section 3(c), ‘‘Procedures for                   determined. In addition, Section 5(c)(i)
                                                    (‘‘Previous Agreement’’) dated January                  Selection of Underlying Interests,’’ has              has been amended to include a
                                                    13, 2012.5 As of January 31, 2014, NFX                  been amended to state that NFX must                   reference to ‘‘variance’’ when listing
                                                    ceased operations as a contract market                  submit a certificate for a new class of               factors that will allow OCC to determine
                                                    and became a dormant contract market                    contracts not already listed or traded on             a final reasonable settlement price, if
                                                    under CFTC Regulations.6 As a result,                   NFX as soon as practicable (rather than               not reported at the ordinary time of final
                                                    the Previous Agreement was terminated                   ten days prior to the commencement of                 settlement. OCC believes that these
                                                    pursuant to its terms 7 and the clearing                trading). It has also been amended to                 additions to the Clearing Agreement
                                                    relationship between OCC and NFX                        state that OCC will be obligated to use               clarify the potential underlying interests
                                                    terminated.                                             commercially reasonable efforts to                    in which NFX may introduce futures
                                                       On November 21, 2014, NFX was                        authorize the clearance and settlement                contracts and make the Clearing
                                                    approved by the CFTC as a DCM.8 In                      of such contracts as soon as practicable.             Agreement more precise.
                                                    connection with that approval, OCC                      In addition, the Clearing Agreement                      • Section 7, ‘‘Acceptance and
                                                    proposes to provide the clearance and                   expressly obligates NFX to provide OCC                Rejection of Transactions in Cleared
                                                    settlement services as described in the                                                                       Contracts,’’ has been amended to
                                                                                                            with any additional information as
                                                    Clearing Agreement, which is                                                                                  include a provision that will allow OCC,
                                                                                                            requested by OCC from time to time that
                                                    substantially similar to the Previous                                                                         in accordance with its By-Laws, to reject
                                                                                                            will assist OCC in identifying a new                  transactions due to validation errors
                                                    Agreement with several differences
                                                                                                            product proposed for clearing by NFX.                 which will allow OCC to better manage
                                                    discussed in more detail below. The
                                                                                                            OCC believes that these amendments to                 its clearance and settlement obligations
                                                    Clearing Agreement has been amended
                                                    to allow OCC more flexibility in                        Section 3(c), related to the procedures               by expressly allowing it to reject
                                                    determining which products it will clear                for the selection of underlying interests,            transactions that do not contain
                                                    based upon its conclusion that it is able               will ensure that OCC not only has the                 complete terms. These validation errors
                                                    to appropriately risk manage such                       correct information needed to evaluate a              include, for example, an incorrect
                                                    products using commercially reasonable                  proposed new product but that the                     Clearing Member, account, product or
                                                    standards.9 More specifically, the                      information will be produced to OCC in                format.
                                                    following changes have been made:                       a timely manner which will provide                       • Section 8, ‘‘Non-Discrimination,’’
                                                       • Section 3(a) of the Clearing                       OCC sufficient time to evaluate the                   has been amended to delete a provision
                                                    Agreement, ‘‘General Criteria for                       proposed new product.                                 restricting OCC from changing its By-
                                                    Underlying Interests,’’ has been                           • Section 3(d), ‘‘Notice of Additional             Laws or Rules in any manner that may
                                                    amended to permit NFX to select the                                                                           limit its obligations to clear and settle
                                                                                                            Maturity or Expiration Dates,’’ has been
                                                    underlying interests that are the subject                                                                     for NFX. In addition, a provision has
                                                                                                            amended to state that, for a class of
                                                                                                                                                                  been deleted requiring OCC to amend
                                                                                                            products previously certified, NFX may
                                                       4 See http://www.cftc.gov/ucm/groups/public/@                                                              the Clearing Agreement in the event that
                                                    otherif/documents/ifdocs/                               introduce a new maturity or expiration                OCC has made changes to its standard
                                                    nasdaqorderofreinstatement.pdf.                         date that is in the cycle set forth in the            form agreement for clearing and
                                                       5 See Securities Exchange Act Release No. 66340
                                                                                                            certificate by providing notice to OCC                settlement services. Section 8 has also
                                                    (February 7, 2012), 77 FR 7621 (February 13, 2012)
                                                    (SR–OCC–2012–02).
                                                                                                            through electronic means specified by                 been amended to delete a provision
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       6 See 17 CFR 40.1.                                   OCC. The Previous Agreement required                  stating OCC is required to consult with
                                                       7 More specifically, the Previous Agreement, in      such notice to be sent to OCC only by                 NFX and modify OCC’s By-Laws or
                                                    relevant part, stated that it would terminate if NFX    email or facsimile.                                   Rules to incorporate product design
                                                    terminates trading of all Cleared Contracts. See
                                                    Section 19(b) of the Previous Agreement. See also          • A universal conforming change has                features specified by NFX for new
                                                    note 5 supra.                                           been made to various sections in the                  products. OCC believes that these
                                                       8 See note 4 supra.
                                                                                                            Clearing Agreement to replace the term
                                                       9 See Sections 3(a) and 9 of the Clearing                                                                    10 See Article I, Section 1(C)(28) of OCC’s By-
                                                                                                            ‘‘matched’’ trades with ‘‘confirmed’’
                                                    Agreement in which language has been added                                                                    Laws. See also Sections 3(g), 6(a), 7, 19, and
                                                    allowing such flexibility.                              trades to better describe trades that are             Schedule A, Section 1 of the Clearing Agreement.



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                                                                                 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices                                                    22593

                                                    provisions are no longer necessary as                   ‘‘Information Sharing,’’ are being                     Clearing Agreement, should reduce the
                                                    they limit OCC’s ability to modify its                  amended as follows:                                    costs and risks associated with clearing
                                                    By-Laws, Rules and agreements which                        • Section (1) of Schedule A of the                  and settling NFX trades, which should
                                                    may be necessary for OCC to fulfill its                 Clearing Agreement, ‘‘Trade                            in turn promote the prompt and
                                                    obligations as a clearing organization.                 Acceptance,’’ has been updated to                      accurate clearance and settlement of the
                                                    OCC will, however, continue to be                       reflect current OCC operational                        NFX derivative contract transactions,
                                                    obligated to fulfill both the provisions of             requirements with respect to submission                better assure the safeguarding of related
                                                    the Clearing Agreement and OCC’s                        of confirmed trades.                                   securities and funds in the custody and
                                                    regulatory responsibilities. Section 8 has                 • Section (4) of Schedule A,                        control of OCC, and better protect
                                                    additionally been amended to delete an                  ‘‘Information for Clearing Members,’’                  investors and the public interest.
                                                    obligation for each party to provide the                has been amended to delete specific
                                                                                                            information sharing obligations of OCC                 III. Conclusion
                                                    other with proposed rule changes. The
                                                    elimination of this contractual                         to its Clearing Members and to state that                 On the basis of the foregoing, the
                                                    obligation reflects the parties’                        the information provided to Clearing                   Commission finds that the proposal is
                                                    determination that their respective                     Members will be in accordance with                     consistent with the requirements of the
                                                    obligations to post filed regulatory                    OCC’s By-Laws and Rules.                               Act and in particular with the
                                                    submissions on their public Web sites                      • Section (I)(A) of Schedule B has                  requirements of Section 17A of the
                                                    provides sufficient notice of such                      been amended to delete specific                        Act 13 and the rules and regulations
                                                    changes.                                                references to information that OCC will                thereunder.
                                                                                                            provide to Clearing Members on a daily                    IT IS THEREFORE ORDERED,
                                                       • Section 11, ‘‘Financial
                                                                                                            basis and instead adds a provision that                pursuant to Section 19(b)(2) of the
                                                    Requirements for Clearing Members,’’
                                                                                                            OCC will provide NFX with its ‘‘Data                   Act,14 that the proposed rule change
                                                    has been amended to delete a provision
                                                                                                            Distribution Service’’ information for                 (SR–OCC–2015–03) be, and it hereby is,
                                                    stating the specific financial
                                                                                                            regulatory and financial purposes.                     approved.
                                                    responsibility standards OCC has with
                                                                                                               • Section (I)(B) of Schedule B has                    For the Commission, by the Division of
                                                    respect to its Clearing Members. This
                                                                                                            been amended to delete certain                         Trading and Markets, pursuant to delegated
                                                    change was made to further streamline
                                                                                                            information sharing provisions and to                  authority.15
                                                    the Clearing Agreement given OCC’s
                                                                                                            state that the information sharing                     Brent J. Fields,
                                                    general obligation to remain consistent
                                                                                                            obligations OCC continues to have may                  Secretary.
                                                    with OCC By-Laws and Rules.
                                                                                                            be satisfied by posting the required
                                                       • Section 14, ‘‘Programs and                                                                                [FR Doc. 2015–09266 Filed 4–21–15; 8:45 am]
                                                                                                            information on OCC’s public Web site
                                                    Projects,’’ has been amended to                                                                                BILLING CODE 8011–01–P
                                                                                                            which streamlines the information
                                                    eliminate a provision expressly
                                                                                                            sharing process.
                                                    requiring OCC to offer futures contract
                                                    clearing terms to NFX that are no less                  II. Discussion and Commission                          SECURITIES AND EXCHANGE
                                                    favorable to the terms offered to other                 Findings                                               COMMISSION
                                                    exchanges.                                                 Section 19(b)(2)(C) of the Act 11                   [Release No. 34–74741; File No. SR–ICEEU–
                                                       • Sections 15 and 24 in the Previous                 directs the Commission to approve a                    2015–005]
                                                    Agreement, ‘‘Information Sharing’’ and                  proposed rule change of a self-
                                                    ‘‘Quality Standards’’ respectively, have                                                                       Self-Regulatory Organizations; ICE
                                                                                                            regulatory organization if it finds that
                                                    been deleted in their entirety in an                                                                           Clear Europe Limited; Notice of
                                                                                                            the proposed rule change is consistent                 Designation of Longer Period for
                                                    attempt to simplify the Clearing                        with the requirements of the Act and the
                                                    Agreement as the sections create                                                                               Commission Action on Proposed Rule
                                                                                                            rules and regulations thereunder                       Change Relating to CDS Procedures
                                                    unnecessary obligations on the parties                  applicable to such organization. The
                                                    and are duplicative of general regulatory                                                                      for CDX North America Index CDS
                                                                                                            Commission finds that the proposed                     Contracts
                                                    responsibilities of both parties.                       rule change is consistent with Section
                                                       • Section 18(b), ‘‘Other Grounds for                 17A(b)(3)(F) of the Act,12 which                       April 16, 2015.
                                                    Termination,’’ has been amended to                      requires, among other things, that the                   On February 12, 2015, ICE Clear
                                                    include a provision that OCC may                        rules of a clearing agency be designed to              Europe Limited (‘‘ICEEU’’) filed with
                                                    terminate the Clearing Agreement at any                 promote the prompt and accurate                        the Securities and Exchange
                                                    time so long as NFX is given 120 days                   clearance and settlement of securities                 Commission (‘‘Commission’’), pursuant
                                                    prior written notice. The addition of this              transactions and, to the extent                        to Section 19(b)(1) of the Securities
                                                    provision better balances the rights of                 applicable, derivative agreements,                     Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                    both parties to terminate the Clearing                  contracts, and transactions, to assure the             19b–4 thereunder,2 a proposed rule
                                                    Agreement at their discretion provided                  safeguarding of securities and funds                   change to revise ICEEU’s CDS
                                                    that proper notice is given as required                 which are in its custody or control or for             Procedures, CDS Risk Model
                                                    by the Clearing Agreement.                              which it is responsible, and, in general,              Description and CDS End-of-Day Price
                                                       • Various administrative changes                     to protect investors and the public                    Discovery Policy to provide the basis for
                                                    have been made throughout the                           interest. As approved, the Clearing                    ICEEU to clear CDX North America
                                                    document including, but not limited to,                 Agreement will allow derivative                        Index CDS Contracts (‘‘CDX.NA
                                                    an amended legal name and description                                                                          Contracts’’). The proposed rule change
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            contract trades executed on NFX to be
                                                    of NFX, updated references to sections                  cleared and settled at OCC, thereby
                                                    within the document, and clean-up                       ensuring that these trades will be                       13 In approving this proposed rule change, the

                                                    changes of duplicative terms.                                                                                  Commission has considered the proposed rule’s
                                                                                                            subject to the comprehensive                           impact on efficiency, competition, and capital
                                                       Finally, pursuant to the rule change,                operational and risk management                        formation. See 15 U.S.C. 78c(f).
                                                    as approved, Schedule A of the Clearing                 framework at OCC. In so doing, the                       14 15 U.S.C. 78s(b)(2).
                                                    Agreement, ‘‘Description of Clearing                                                                             15 17 CFR 200.30–3(a)(12).

                                                    and Settlement Services’’ and Schedule                    11 15   U.S.C. 78s(b)(2)(C).                           1 15 U.S.C. 78s(b)(1).

                                                    B of the Clearing Agreement,                              12 15   U.S.C. 78q–1(b)(3)(F).                         2 17 CFR 240.19b–4.




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Document Created: 2015-12-16 08:28:11
Document Modified: 2015-12-16 08:28:11
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 22591 

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