81_FR_14204 81 FR 14153 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Simplify the Options Clearing Corporation's Schedule of Fees

81 FR 14153 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Simplify the Options Clearing Corporation's Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14153-14154
FR Document2016-05850

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14153-14154]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05850]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77336; File No. SR-OCC-2016-005]


Self-Regulatory Organizations; The Options Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Simplify the Options Clearing Corporation's Schedule of Fees

March 10, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on May 2, 2016, The Options Clearing Corporation (``OCC'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I, II, and III below, which Items 
have been prepared primarily by OCC. OCC filed the proposed rule change 
pursuant to Section 19(b)(3)(A)(ii) \3\ of the Act and Rule 19b-4(f)(2) 
\4\ thereunder so that the proposal was effective upon filing with the 
Commission. The Commission is publishing this notice to solicit 
comments on the rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The purpose of this proposed rule change by (``OCC'') is to amend 
OCC's Schedule of Fees in order to simplify OCC's fee structure.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of these 
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to amend OCC's Schedule 
of Fees in order to simplify OCC's fee structure. The proposed changes 
to OCC's Schedule of Fees would be effective as of May 2, 2016.
    OCC is proposing to simply [sic] its fee structure through: (i) The 
adoption of a flat clearing fee per contract with a fixed dollar cap 
and (ii) the elimination of the ``scratch'' fee.\5\
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    \5\ The ``scratch'' fee is charged, per side, when a market 
maker buys and sells the same symbol, series and strike on the same 
day.
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Flat Fee Schedule
    Currently, OCC utilizes a tiered pricing model whereby the clearing 
fee per contract is reduced as the number of contracts in a given trade 
increases (subject to a $46 cap for trades equal to or greater than 
2,001 contracts). OCC recently compared its clearing fee structure to 
those of its peer institutions (i.e., other clearinghouses) and found 
that OCC's current fee structure is more complex than those of its 
peers. OCC's Capital Plan,\6\ and specifically the Fee Policy (which 
governs the process by which OCC determines its fee structure and was 
filed as part of the Capital Plan), requires OCC to set clearing fees 
to cover OCC's operating expenses plus a Business Risk Buffer \7\ of 
25%. OCC believes that it can adopt a clearing fee structure that is 
less complex while continuing to meet the requirements of the Capital 
Plan. Therefore, OCC is proposing to adopt a flat, per contract, 
clearing fee subjected to a fixed dollar cap. OCC believes all users of 
its services and the public would benefit by the simplicity and 
transparency that a flat fee structure with a fixed dollar cap would 
provide. Additionally, OCC believes that a flat fee with a fixed dollar 
cap would allow users of OCC's services to execute trades without 
regard to the size of such trades, which would, in turn, promote more 
open and equal access to clearance and settlement services provided by 
OCC.
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    \6\ In 2015, the Commission approved (``Approval Order'') OCC's 
plan for raising additional capital (``Capital Plan''), which was 
put in place in light of proposed regulatory capital requirements 
applicable to systemically important financial market utilities, 
such as OCC. See Securities Exchange Act Release No. 74452 (March 6, 
2015) 80 FR 13058 (March 12, 2015) (SR-OCC-2015-02). OCC also filed 
proposals in the Capital Plan filing as an advance notice under 
Section 806(e)(1) of the Payment, Clearing, and Settlement 
Supervision Act of 2010. 12 U.S.C. 5465(e)(1). On February 26, 2015, 
the Commission issued a notice of no objection to the advance notice 
filing. See Securities Exchange Act Release No. 74387 (February 26, 
2015), 80 FR 12215 (March 6, 2015) (SR-OCC-2014-813). Following 
petitions for review of the approval order of the proposed rule 
change filed by BATS Global Markets, Inc., BOX Options Exchange LLC, 
KCG Holdings, Inc., Miami International Securities Exchange, LLC, 
and Susquehanna International Group, LLP, the Commission set aside 
the approval order of the proposed rule change, reviewed the record 
de novo, and issued another approval of the Capital Plan on February 
11, 2016. See Securities Exchange Act Release No. 77112 (February 
11, 2016), 81 FR 8294 (February 18, 2016) (SR-OCC-2015-02).
    \7\ Business Risk Buffer is equal to net income before refunds, 
dividends and taxes/total revenue. In accordance with its Fee 
Policy, OCC monitors cleared contract volume and operating expenses 
to determine if revisions to OCC's Schedule of Fees are required so 
that monies received from clearing fees cover OCC's operating 
expenses [sic] this Business Risk Buffer. Any subsequent changes to 
OCC's Schedule of Fees would be the subject of a subsequent proposed 
rule change filed with the Commission.
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Elimination of Scratch Fee
    Further, and in order to provide additional simplicity, OCC would 
eliminate the ``scratch'' fee. The ``scratch'' fee applies to a limited 
subset of trades cleared by OCC \8\ and OCC believes that the 
operational processing associated with the ``scratch'' fee is 
unnecessarily complex for both OCC and its clearing members. Therefore, 
OCC is proposing to eliminate the ``scratch'' fee so that OCC and its 
members' operations, as they relate to processing of clearing fees, 
would be more streamlined and efficient.
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    \8\ Approximately 2.6% of trades cleared by OCC are market maker 
scratch trades.
    \9\ These changes are also reflected in Exhibit 5.

          OCC's Revised Schedule of Fees Is Set Forth Below \9\
------------------------------------------------------------------------
         Trades with contracts of:                  Proposed fee
------------------------------------------------------------------------
0-1370....................................  $0.041/contract.
>1370.....................................  $55 per trade.
------------------------------------------------------------------------

The new fee structure is designed to be revenue neutral when compared 
to its existing fee structure.\10\
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    \10\ In accordance with its Fee Policy, OCC monitors projected 
revenue (based on anticipated cleared contract volume) and operating 
expenses to determine if revisions to OCC's Schedule of Fees are 
required so that monies received from clearing fees cover OCC's 
operating expenses plus the Business Risk Buffer. Assuming the same 
anticipated cleared contract volume, OCC would accumulate the same 
amount of revenue under the proposed fee structure when compared to 
the existing fee structure.
---------------------------------------------------------------------------

    OCC will publish an Information Memo on its public Web site to 
inform clearing members, exchanges and the public of the changes to 
OCC's Schedule of Fees that would become effective May 2, 2016. OCC is 
not aware of any clearing member concerns or issues with the proposed 
changes to OCC's

[[Page 14154]]

Schedule of Fees described in this proposed rule change.
2. Statutory Basis
    OCC believes that the proposed rule change is consistent with 
Section 17A(b)(3)(D) \11\ of the Act, because it provides for the 
equitable allocation of reasonable dues, fees and charges among its 
participants in that all clearing members would be charged the same per 
contract clearing fee per trade (subject to a fixed dollar cap) 
notwithstanding the size of such trade. OCC believes that charging 
clearing members a flat trade fee subject to a fixed dollar cap more 
equitably allocates the cost of providing clearance and settlement 
services for a given trade. The proposed rule change is not 
inconsistent with the existing rules of OCC including any other rules 
proposed to be amended.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(D).
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(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would have any 
impact or impose a burden on competition.\12\ Although this proposed 
rule change affects clearing members, their customers and the markets 
that OCC serves, OCC believes that the proposed rule change would not 
disadvantage or favor any particular user of OCC's services in 
relationship to another user because clearing fees apply equally to all 
users of OCC. Moreover, the proposed changes to the structure of OCC's 
Schedule of Fees are revenue neutral and would not affect one set of 
users of OCC's services in favor of another. For the foregoing reasons, 
OCC does not believe that the proposed rule change would have any 
impact or impose a burden on competition.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q-1(b)(3)(I).
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants or Others

    Written comments on the proposed rule change were not and are not 
intended to be solicited with respect to the proposed rule change and 
none have been received.

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

    The foregoing rule change has become effective upon filing \13\ 
pursuant to Section 19(b)(3)(A)(ii) of the Act \14\ and Rule 19b-
4(f)(2) thereunder \15\ because it constitutes a change in fees imposed 
by OCC on its clearing members and other market participants using 
OCC's services. At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \13\ Notwithstanding the immediate effectiveness of the proposed 
rule change and OCC's anticipated implementation date of May 2, 
2016, implementation of this rule change is also contingent on it 
being deemed certified under CFTC Regulation Sec.  40.6.
    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
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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-OCC-2016-005 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2016-005. 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 office of OCC and on OCC's 
Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_16_005.pdf.
    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-OCC-2016-005 
and should be submitted on or before April 6, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05850 Filed 3-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                                           14153

                                                  Washington, DC 20549; or send an email                   (A) Clearing Agency’s Statement of the                   believes that it can adopt a clearing fee
                                                  to: PRA_Mailbox@sec.gov.                                 Purpose of, and Statutory Basis for, the                 structure that is less complex while
                                                    Dated: March 10, 2016.                                 Proposed Rule Change                                     continuing to meet the requirements of
                                                  Robert W. Errett,                                                                                                 the Capital Plan. Therefore, OCC is
                                                                                                           1. Purpose
                                                                                                                                                                    proposing to adopt a flat, per contract,
                                                  Deputy Secretary.
                                                                                                              The purpose of this proposed rule                     clearing fee subjected to a fixed dollar
                                                  [FR Doc. 2016–05857 Filed 3–15–16; 8:45 am]              change is to amend OCC’s Schedule of                     cap. OCC believes all users of its
                                                  BILLING CODE 8011–01–P                                   Fees in order to simplify OCC’s fee                      services and the public would benefit by
                                                                                                           structure. The proposed changes to                       the simplicity and transparency that a
                                                                                                           OCC’s Schedule of Fees would be                          flat fee structure with a fixed dollar cap
                                                  SECURITIES AND EXCHANGE                                  effective as of May 2, 2016.
                                                  COMMISSION                                                                                                        would provide. Additionally, OCC
                                                                                                              OCC is proposing to simply [sic] its                  believes that a flat fee with a fixed
                                                  [Release No. 34–77336; File No. SR–OCC–                  fee structure through: (i) The adoption                  dollar cap would allow users of OCC’s
                                                  2016–005]                                                of a flat clearing fee per contract with a               services to execute trades without
                                                                                                           fixed dollar cap and (ii) the elimination                regard to the size of such trades, which
                                                  Self-Regulatory Organizations; The                       of the ‘‘scratch’’ fee.5                                 would, in turn, promote more open and
                                                  Options Clearing Corporation; Notice
                                                                                                           Flat Fee Schedule                                        equal access to clearance and settlement
                                                  of Filing and Immediate Effectiveness
                                                                                                                                                                    services provided by OCC.
                                                  of Proposed Rule Change To Simplify                         Currently, OCC utilizes a tiered
                                                  the Options Clearing Corporation’s                       pricing model whereby the clearing fee                   Elimination of Scratch Fee
                                                  Schedule of Fees                                         per contract is reduced as the number of                    Further, and in order to provide
                                                  March 10, 2016.                                          contracts in a given trade increases                     additional simplicity, OCC would
                                                     Pursuant to Section 19(b)(1) of the                   (subject to a $46 cap for trades equal to                eliminate the ‘‘scratch’’ fee. The
                                                  Securities Exchange Act of 1934                          or greater than 2,001 contracts). OCC                    ‘‘scratch’’ fee applies to a limited subset
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  recently compared its clearing fee                       of trades cleared by OCC 8 and OCC
                                                  notice is hereby given that on May 2,                    structure to those of its peer institutions              believes that the operational processing
                                                  2016, The Options Clearing Corporation                   (i.e., other clearinghouses) and found                   associated with the ‘‘scratch’’ fee is
                                                  (‘‘OCC’’) filed with the Securities and                  that OCC’s current fee structure is more                 unnecessarily complex for both OCC
                                                  Exchange Commission (‘‘Commission’’)                     complex than those of its peers. OCC’s                   and its clearing members. Therefore,
                                                  the proposed rule change as described                    Capital Plan,6 and specifically the Fee                  OCC is proposing to eliminate the
                                                  in Items I, II, and III below, which Items               Policy (which governs the process by                     ‘‘scratch’’ fee so that OCC and its
                                                  have been prepared primarily by OCC.                     which OCC determines its fee structure                   members’ operations, as they relate to
                                                  OCC filed the proposed rule change                       and was filed as part of the Capital                     processing of clearing fees, would be
                                                  pursuant to Section 19(b)(3)(A)(ii) 3 of                 Plan), requires OCC to set clearing fees                 more streamlined and efficient.
                                                  the Act and Rule 19b–4(f)(2) 4                           to cover OCC’s operating expenses plus
                                                  thereunder so that the proposal was                      a Business Risk Buffer 7 of 25%. OCC                      OCC’S REVISED SCHEDULE OF FEES
                                                  effective upon filing with the                                                                                          IS SET FORTH BELOW 9
                                                                                                              5 The ‘‘scratch’’ fee is charged, per side, when a
                                                  Commission. The Commission is                            market maker buys and sells the same symbol,
                                                  publishing this notice to solicit                                                                                  Trades with contracts
                                                                                                           series and strike on the same day.                                                              Proposed fee
                                                                                                                                                                             of:
                                                  comments on the rule change from                            6 In 2015, the Commission approved (‘‘Approval

                                                  interested persons.                                      Order’’) OCC’s plan for raising additional capital       0–1370 ..........................   $0.041/contract.
                                                                                                           (‘‘Capital Plan’’), which was put in place in light of
                                                  I. Clearing Agency’s Statement of the                    proposed regulatory capital requirements applicable
                                                                                                                                                                    >1370 ...........................   $55 per trade.
                                                  Terms of Substance of the Proposed                       to systemically important financial market utilities,
                                                  Rule Change                                              such as OCC. See Securities Exchange Act Release         The new fee structure is designed to be
                                                                                                           No. 74452 (March 6, 2015) 80 FR 13058 (March 12,         revenue neutral when compared to its
                                                     The purpose of this proposed rule                     2015) (SR–OCC–2015–02). OCC also filed proposals         existing fee structure.10
                                                  change by (‘‘OCC’’) is to amend OCC’s                    in the Capital Plan filing as an advance notice
                                                                                                           under Section 806(e)(1) of the Payment, Clearing,
                                                                                                                                                                      OCC will publish an Information
                                                  Schedule of Fees in order to simplify                    and Settlement Supervision Act of 2010. 12 U.S.C.        Memo on its public Web site to inform
                                                  OCC’s fee structure.                                     5465(e)(1). On February 26, 2015, the Commission         clearing members, exchanges and the
                                                                                                           issued a notice of no objection to the advance notice    public of the changes to OCC’s Schedule
                                                  II. Clearing Agency’s Statement of the                   filing. See Securities Exchange Act Release No.
                                                  Purpose of, and Statutory Basis for, the                 74387 (February 26, 2015), 80 FR 12215 (March 6,
                                                                                                                                                                    of Fees that would become effective
                                                  Proposed Rule Change                                     2015) (SR–OCC–2014–813). Following petitions for         May 2, 2016. OCC is not aware of any
                                                                                                           review of the approval order of the proposed rule        clearing member concerns or issues
                                                     In its filing with the Commission,                    change filed by BATS Global Markets, Inc., BOX           with the proposed changes to OCC’s
                                                  OCC included statements concerning                       Options Exchange LLC, KCG Holdings, Inc., Miami
                                                  the purpose of and basis for the                         International Securities Exchange, LLC, and
                                                                                                           Susquehanna International Group, LLP, the                subsequent proposed rule change filed with the
                                                  proposed rule change and discussed any                   Commission set aside the approval order of the           Commission.
                                                  comments it received on the proposed                     proposed rule change, reviewed the record de novo,         8 Approximately 2.6% of trades cleared by OCC

                                                  rule change. The text of these statements                and issued another approval of the Capital Plan on       are market maker scratch trades.
                                                                                                           February 11, 2016. See Securities Exchange Act             9 These changes are also reflected in Exhibit 5.
                                                  may be examined at the places specified
                                                                                                           Release No. 77112 (February 11, 2016), 81 FR 8294          10 In accordance with its Fee Policy, OCC
                                                  in Item IV below. OCC has prepared                       (February 18, 2016) (SR–OCC–2015–02).                    monitors projected revenue (based on anticipated
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  summaries, set forth in sections (A), (B),                  7 Business Risk Buffer is equal to net income         cleared contract volume) and operating expenses to
                                                  and (C) below, of the most significant                   before refunds, dividends and taxes/total revenue.       determine if revisions to OCC’s Schedule of Fees
                                                  aspects of these statements.                             In accordance with its Fee Policy, OCC monitors          are required so that monies received from clearing
                                                                                                           cleared contract volume and operating expenses to        fees cover OCC’s operating expenses plus the
                                                    1 15
                                                                                                           determine if revisions to OCC’s Schedule of Fees         Business Risk Buffer. Assuming the same
                                                         U.S.C. 78s(b)(1).                                 are required so that monies received from clearing       anticipated cleared contract volume, OCC would
                                                    2 17 CFR 240.19b–4.                                    fees cover OCC’s operating expenses [sic] this           accumulate the same amount of revenue under the
                                                    3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                           Business Risk Buffer. Any subsequent changes to          proposed fee structure when compared to the
                                                    4 17 CFR 240.19b–4(f)(2).                              OCC’s Schedule of Fees would be the subject of a         existing fee structure.



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                                                  14154                       Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

                                                  Schedule of Fees described in this                      Section 19(b)(3)(A)(ii) of the Act 14 and             filing also will be available for
                                                  proposed rule change.                                   Rule 19b–4(f)(2) thereunder 15 because it             inspection and copying at the principal
                                                                                                          constitutes a change in fees imposed by               office of OCC and on OCC’s Web site at
                                                  2. Statutory Basis
                                                                                                          OCC on its clearing members and other                 http://www.theocc.com/components/
                                                     OCC believes that the proposed rule                  market participants using OCC’s                       docs/legal/rules_and_bylaws/sr_occ_16_
                                                  change is consistent with Section                       services. At any time within 60 days of               005.pdf.
                                                  17A(b)(3)(D) 11 of the Act, because it                  the filing of the proposed rule change,                  All comments received will be posted
                                                  provides for the equitable allocation of                the Commission summarily may                          without change; the Commission does
                                                  reasonable dues, fees and charges                       temporarily suspend such rule change if               not edit personal identifying
                                                  among its participants in that all                      it appears to the Commission that such                information from submissions. You
                                                  clearing members would be charged the                   action is necessary or appropriate in the             should submit only information that
                                                  same per contract clearing fee per trade                public interest, for the protection of                you wish to make available publicly. All
                                                  (subject to a fixed dollar cap)                         investors, or otherwise in furtherance of             submissions should refer to File
                                                  notwithstanding the size of such trade.                 the purposes of the Act.                              Number SR–OCC–2016–005 and should
                                                  OCC believes that charging clearing                                                                           be submitted on or before April 6, 2016.
                                                                                                          IV. Solicitation of Comments
                                                  members a flat trade fee subject to a                                                                           For the Commission, by the Division of
                                                  fixed dollar cap more equitably allocates                 Interested persons are invited to                   Trading and Markets, pursuant to delegated
                                                  the cost of providing clearance and                     submit written data, views, and                       authority.16
                                                  settlement services for a given trade.                  arguments concerning the foregoing,                   Robert W. Errett,
                                                  The proposed rule change is not                         including whether the proposed rule                   Deputy Secretary.
                                                  inconsistent with the existing rules of                 change is consistent with the Act.                    [FR Doc. 2016–05850 Filed 3–15–16; 8:45 am]
                                                  OCC including any other rules proposed                  Comments may be submitted by any of                   BILLING CODE 8011–01–P
                                                  to be amended.                                          the following methods:
                                                  (B) Clearing Agency’s Statement on                      Electronic Comments
                                                                                                                                                                SECURITIES AND EXCHANGE
                                                  Burden on Competition                                     • Use the Commission’s Internet                     COMMISSION
                                                    OCC does not believe that the                         comment form (http://www.sec.gov/
                                                                                                          rules/sro.shtml); or                                  [Release No. 34–77337; SR–NYSEArca–
                                                  proposed rule change would have any                                                                           2015–76]
                                                  impact or impose a burden on                              • Send an email to rule-comments@
                                                  competition.12 Although this proposed                   sec.gov. Please include File Number SR–               Self-Regulatory Organizations; NYSE
                                                  rule change affects clearing members,                   OCC–2016–005 on the subject line.                     Arca, Inc.; Notice of Withdrawal of a
                                                  their customers and the markets that                    Paper Comments                                        Proposed Rule Change To List and
                                                  OCC serves, OCC believes that the                         • Send paper comments in triplicate
                                                                                                                                                                Trade Shares of the Global Currency
                                                  proposed rule change would not                                                                                Gold Fund Under NYSE Arca Equities
                                                                                                          to Brent J. Fields, Secretary, Securities
                                                  disadvantage or favor any particular                                                                          Rule 8.201
                                                                                                          and Exchange Commission, 100 F Street
                                                  user of OCC’s services in relationship to               NE., Washington, DC 20549–1090.                       March 10, 2016.
                                                  another user because clearing fees apply
                                                  equally to all users of OCC. Moreover,                  All submissions should refer to File                     On August 28, 2015, NYSE Arca, Inc.
                                                  the proposed changes to the structure of                Number SR–OCC–2016–005. This file                     (‘‘Exchange’’) filed with the Securities
                                                                                                          number should be included on the                      and Exchange Commission
                                                  OCC’s Schedule of Fees are revenue
                                                                                                          subject line if email is used. To help the            (‘‘Commission’’), pursuant to Section
                                                  neutral and would not affect one set of
                                                                                                          Commission process and review your                    19(b)(1) of the Securities Exchange Act
                                                  users of OCC’s services in favor of
                                                                                                          comments more efficiently, please use                 of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  another. For the foregoing reasons, OCC
                                                                                                          only one method. The Commission will                  thereunder,2 a proposed rule change to
                                                  does not believe that the proposed rule
                                                                                                          post all comments on the Commission’s                 list and trade shares of the Global
                                                  change would have any impact or
                                                                                                          Internet Web site (http://www.sec.gov/                Currency Gold Fund under NYSE Arca
                                                  impose a burden on competition.
                                                                                                          rules/sro.shtml). Copies of the                       Equities Rule 8.201. The proposed rule
                                                  (C) Clearing Agency’s Statement on                      submission, all subsequent                            change was published for comment in
                                                  Comments on the Proposed Rule                           amendments, all written statements                    the Federal Register on September 16,
                                                  Change Received From Members,                           with respect to the proposed rule                     2015.3 On September 29, 2015, the
                                                  Participants or Others                                  change that are filed with the                        Exchange submitted Amendment No. 1
                                                                                                          Commission, and all written                           to the proposed rule change.4 On
                                                    Written comments on the proposed
                                                                                                          communications relating to the                        October 28, 2015, pursuant to Section
                                                  rule change were not and are not
                                                                                                          proposed rule change between the                      19(b)(2) of the Act,5 the Commission
                                                  intended to be solicited with respect to
                                                                                                          Commission and any person, other than                 designated a longer period within which
                                                  the proposed rule change and none have
                                                  been received.                                          those that may be withheld from the
                                                                                                                                                                  16 17 CFR 200.30–3(a)(12).
                                                                                                          public in accordance with the
                                                                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                                  III. Date of Effectiveness of the                       provisions of 5 U.S.C. 552, will be
                                                                                                                                                                  2 17 CFR 240.19b–4.
                                                  Proposed Rule Change and Timing for                     available for Web site viewing and                      3 See Securities Exchange Act Release No. 75900
                                                  Commission Action                                       printing in the Commission’s Public                   (Sep. 11, 2015), 80 FR 55674.
                                                                                                          Reference Room, 100 F Street NE.,                       4 In Amendment No. 1, the Exchange: (1)
                                                     The foregoing rule change has become
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Washington, DC 20549, on official                     Identified weightings of each currency referenced in
                                                  effective upon filing 13 pursuant to                                                                          the Index; (2) supplemented its description of the
                                                                                                          business days between the hours of
                                                                                                                                                                method of calculation for the Spot Rate; (3) clarified
                                                    11 15U.S.C. 78q–1(b)(3)(D).                           10:00 a.m. and 3:00 p.m. Copies of such               when the Fund may suspend the right of
                                                    12 15U.S.C. 78q–1(b)(3)(I).                                                                                 redemption or postpone the redemption settlement
                                                    13 Notwithstanding the immediate effectiveness of     contingent on it being deemed certified under CFTC    date. Amendment No. 1 is available at: http://
                                                  the proposed rule change and OCC’s anticipated          Regulation § 40.6.                                    www.sec.gov/rules/sro/nysearca/2015/34-75900-
                                                                                                            14 15 U.S.C. 78s(b)(3)(A)(ii).                      amendment1.pdf.
                                                  implementation date of May 2, 2016,
                                                  implementation of this rule change is also                15 17 CFR 240.19b–4(f)(2).                            5 15 U.S.C. 78s(b)(2).




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Document Created: 2016-03-15 23:43:47
Document Modified: 2016-03-15 23:43:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 14153 

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