81_FR_51680 81 FR 51530 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Provide Web-Based Delivery of the Continuing Education Program

81 FR 51530 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Provide Web-Based Delivery of the Continuing Education Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range51530-51532
FR Document2016-18473

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51530-51532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18473]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78446; File No. SR-CHX-2016-12]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Provide Web-Based Delivery of the Continuing Education Program

July 29, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\, and Rule 19b-4\2\ thereunder, notice is hereby given 
that on July 20, 2016, the Chicago Stock Exchange, Inc. (``CHX'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CHX proposes to amend the Rules of the Exchange (``CHX Rules'') to 
provide for web-based delivery of the continuing education (``CE'') 
program (``CE Online System'').\3\
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    \3\ The proposed rule change is based on a recent FINRA filing 
adopting web-based delivery of the CE Regulatory Element program. 
See Securities Exchange Act Release No. 75581 (July 31, 2015), 80 FR 
47018 (August 6, 2015) (Order Approving a Proposed Rule Change to 
Provide a Web-based Delivery Method for Completing the Regulatory 
Element of the Continuing Education Requirements) (SR-FINRA-2015-
015).
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    CHX has designated this proposed rule change as non-controversial 
pursuant to section 19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(6) \5\ 
thereunder and has provided the Commission with the notice required by 
Rule 19b-4(f)(6)(iii).\6\
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    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of this proposed rule change is available on the 
Exchange's Web site at (www.chx.com) and in the Commission's Public 
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the CHX included statements 
concerning the purpose of and basis for the proposed rule changes and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The CHX has prepared summaries, set forth in sections A, 
B and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The CE requirement under current Article 6, Rule 11 consists of a 
Regulatory Element \7\ and a Firm Element.\8\ The Regulatory Element 
applies to all registered persons and consists of periodic computer-
based training on regulatory, compliance, ethical, and supervisory 
subjects and sales practice standards, which must be completed with 
prescribed timeframes.\9\ Current Article 6, Rule 11(a)(3) provides 
that the Exchange offers the following Regulatory Elements for Exchange 
registered persons: The S201 Supervisor Program for registered 
principals and supervisors; The S501 Series 56 Proprietary Trader 
Continuing Education Program for Series 56 registered persons; \10\ and 
the S101 General Program for Series 7 and all other registered persons.
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    \7\ See CHX Article 6, Rule 11(a).
    \8\ See CHX Article 6, Rule 11(b).
    \9\ See to CHX Article 6, Rule 11(a)
    \10\ The Exchange intends on filing a proposed rule change to, 
among other things, replace the Proprietary Trader registration 
category and the corresponding Series 56 exam and the S501 
Proprietary Trader Continuing Education Program for Series 56 
registered persons with the Securities Trader registration category 
and the corresponding Series 57 exam and require such Series 57 
registered persons to take the S101 General Program to fulfill the 
Regulatory Element requirement, as the Series 56 was replaced with 
the Series 57 exam by FINRA, effective January 4, 2016. See 
Securities Exchange Act Release No. 75783 (August 28, 2015), 80 FR 
53369 (September 3, 2015) (Order Approving a Proposed Rule Change To 
Establish the Securities Trader and Securities Trader Principal 
Registration Categories) (SR-FINRA-2015-017).
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    Given that test center delivery is no longer available for 
individuals other than those individuals that require accommodations 
due to a disability,\11\ the Exchange proposes to adopt Article 6, Rule 
11(a)(4), which states that the continuing education Regulatory Element 
will be administered through Web-based delivery or such other 
technological manner and format as specified by the Exchange.\12\ 
Should the Exchange determine to administer the Regulatory Element 
through a delivery mechanism other than as described under this 
proposed rule change, the Exchange would notify the Commission and 
would need to file a further rule change with the Commission.
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    \11\ As of July 1, 2016, FINRA required all participants to 
complete their Regulatory Element session using the CE Online 
System; provided that certain participants who, pursuant to the 
Americans with Disabilities Act, that [sic] need accommodations in 
completing their session due to a disability may apply for an 
accommodation and complete their session at a test center. See 
Securities Exchange Act Release No. 78281 (July 11, 2016), 81 FR 
46133 (July 15, 2016) (SR-FINRA-2016-025); see also Americans with 
Disabilities Act of 1990, Public Law 101-336, 104 Stat. 328 (1990).
    \12\ The Exchange intends on filing a proposed rule change to 
amend its fee schedule to reduce the cost of the Regulatory Element 
from $100 to $55 to be consistent with Section 4(f) of the Schedule 
A to the FINRA By-Laws.
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    Before commencing a Web-based session, each candidate will be 
required to agree to the Rules of Conduct for Web-based delivery. Among 
other things, the Rules of Conduct will require each candidate to 
attest that he or she is in fact the person who is taking the Web-based 
session. The Rules of Conduct will also require that each candidate 
agree that the Regulatory Element content is intellectual property and 
that the content cannot be copied or redistributed by any means. If the 
Exchange discovers that a candidate has violated the Rules of Conduct, 
the candidate will forfeit the results of the Web-based session and may 
be subject to disciplinary action by the Exchange. Violation of the 
Rules of Conduct will

[[Page 51531]]

be considered conduct inconsistent with just and equitable principles 
of trade, in violation of Article 9, Rule 2. The Exchange is not 
proposing any changes to the Firm Element requirements under Article 6, 
Rule 11(b).
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section 
6(b) of the Act \13\ in general, and furthers the objectives of section 
6(b)(5) of the Act \14\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest. Additionally, the Exchange believes the proposed rule change 
is consistent with the section 6(b)(5) requirement that the rules of an 
exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers and section 6(c)(3) \15\ of the 
Act, which authorizes the Exchange to, among other things, prescribe 
standards of financial responsibility or operational capability and 
standards of training, experience and competence for its members and 
persons associated with members.
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    \13\ 15 U.S.C. 78(f)(b).
    \14\ 15 U.S.C. 78(f)(b)(5).
    \15\ 15 U.S.C. 78(f)(b)[sic](3).
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    In particular, the Exchange believes that the proposed rule change 
will improve Participants' compliance efforts and will allow registered 
persons to spend a greater amount of time on the review of CE materials 
and potentially achieve better learning outcomes, which will in turn 
enhance investor protection. Further, while the proposed rule change 
will provide more flexibility to members and registered persons, it 
will maintain the integrity of the Regulatory Element program and the 
CE program in general.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. Specifically, the Exchange 
believes that the harmonization of the Regulatory Element delivery 
requirements across the various markets will reduce burdens on 
competition by removing impediments to participation in the national 
market system.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to section 19(b)(3)(A) \16\ of the Act and Rule 19b-
4(f)(6) thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and the text of the proposed rule change, 
at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \18\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \19\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative upon filing. According to the 
Exchange, test-center delivery of the CE Regulatory Element is no 
longer available for all individuals other than those who qualify for 
special accommodations.\20\ The Exchange wishes to amend its rules to 
reflect this change as soon as practicable. Based on the foregoing, the 
Commission believes the waiver of the operative delay is consistent 
with the protection of investors and the public interest. Therefore, 
the Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\21\
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ See supra note 11.
    \21\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-CHX-2016-12 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CHX-2016-12. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the CHX. 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 No. SR-CHX-2016-

[[Page 51532]]

12 and should be submitted on or before August 25, 2016.
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    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18473 Filed 8-3-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                51530                          Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices

                                                public in accordance with the                           education (‘‘CE’’) program (‘‘CE Online               registered persons; 10 and the S101
                                                provisions of 5 U.S.C. 552, will be                     System’’).3                                           General Program for Series 7 and all
                                                available for Web site viewing and                         CHX has designated this proposed                   other registered persons.
                                                printing in the Commission’s Public                     rule change as non-controversial                         Given that test center delivery is no
                                                Reference Room, 100 F Street NE.,                       pursuant to section 19(b)(3)(A) 4 of the              longer available for individuals other
                                                Washington, DC 20549, on official                       Act and Rule 19b–4(f)(6) 5 thereunder                 than those individuals that require
                                                business days between the hours of                      and has provided the Commission with                  accommodations due to a disability,11
                                                10:00 a.m. and 3:00 p.m. Copies of the                  the notice required by Rule 19b–                      the Exchange proposes to adopt Article
                                                filing also will be available for                       4(f)(6)(iii).6                                        6, Rule 11(a)(4), which states that the
                                                inspection and copying at the principal                    The text of this proposed rule change              continuing education Regulatory
                                                office of the Exchange. All comments                    is available on the Exchange’s Web site               Element will be administered through
                                                received will be posted without change;                 at (www.chx.com) and in the                           Web-based delivery or such other
                                                the Commission does not edit personal                   Commission’s Public Reference Room.                   technological manner and format as
                                                identifying information from                                                                                  specified by the Exchange.12 Should the
                                                                                                        II. Self-Regulatory Organization’s                    Exchange determine to administer the
                                                submissions. You should submit only
                                                                                                        Statement of the Purpose of, and                      Regulatory Element through a delivery
                                                information that you wish to make
                                                                                                        Statutory Basis for, the Proposed Rule                mechanism other than as described
                                                available publicly. All submissions
                                                                                                        Change                                                under this proposed rule change, the
                                                should refer to File Number SR–IEX–
                                                2016–03 and should be submitted on or                     In its filing with the Commission, the              Exchange would notify the Commission
                                                before August 25, 2016.                                 CHX included statements concerning                    and would need to file a further rule
                                                                                                        the purpose of and basis for the                      change with the Commission.
                                                  For the Commission, by the Division of                                                                         Before commencing a Web-based
                                                Trading and Markets, pursuant to delegated              proposed rule changes and discussed
                                                                                                        any comments it received on the                       session, each candidate will be required
                                                authority.15
                                                                                                        proposed rule change. The text of these               to agree to the Rules of Conduct for
                                                Robert W. Errett,
                                                                                                        statements may be examined at the                     Web-based delivery. Among other
                                                Deputy Secretary.                                                                                             things, the Rules of Conduct will require
                                                                                                        places specified in Item IV below. The
                                                [FR Doc. 2016–18474 Filed 8–3–16; 8:45 am]                                                                    each candidate to attest that he or she
                                                                                                        CHX has prepared summaries, set forth
                                                BILLING CODE 8011–01–P
                                                                                                        in sections A, B and C below, of the                  is in fact the person who is taking the
                                                                                                        most significant aspects of such                      Web-based session. The Rules of
                                                                                                        statements.                                           Conduct will also require that each
                                                SECURITIES AND EXCHANGE                                                                                       candidate agree that the Regulatory
                                                COMMISSION                                              A. Self-Regulatory Organization’s                     Element content is intellectual property
                                                                                                        Statement of the Purpose of, and                      and that the content cannot be copied or
                                                [Release No. 34–78446; File No. SR–CHX–                 Statutory Basis for, the Proposed Rule                redistributed by any means. If the
                                                2016–12]                                                Change                                                Exchange discovers that a candidate has
                                                                                                        1. Purpose                                            violated the Rules of Conduct, the
                                                Self-Regulatory Organizations;                                                                                candidate will forfeit the results of the
                                                Chicago Stock Exchange, Inc.; Notice                       The CE requirement under current                   Web-based session and may be subject
                                                of Filing and Immediate Effectiveness                   Article 6, Rule 11 consists of a                      to disciplinary action by the Exchange.
                                                of a Proposed Rule Change To Provide                    Regulatory Element 7 and a Firm                       Violation of the Rules of Conduct will
                                                Web-Based Delivery of the Continuing                    Element.8 The Regulatory Element
                                                Education Program                                       applies to all registered persons and                   10 The Exchange intends on filing a proposed rule
                                                                                                        consists of periodic computer-based                   change to, among other things, replace the
                                                July 29, 2016.
                                                                                                        training on regulatory, compliance,                   Proprietary Trader registration category and the
                                                   Pursuant to section 19(b)(1) of the                  ethical, and supervisory subjects and                 corresponding Series 56 exam and the S501
                                                                                                                                                              Proprietary Trader Continuing Education Program
                                                Securities Exchange Act of 1934                         sales practice standards, which must be               for Series 56 registered persons with the Securities
                                                (‘‘Act’’) 1, and Rule 19b–42 thereunder,                completed with prescribed timeframes.9                Trader registration category and the corresponding
                                                notice is hereby given that on July 20,                 Current Article 6, Rule 11(a)(3) provides             Series 57 exam and require such Series 57
                                                2016, the Chicago Stock Exchange, Inc.                  that the Exchange offers the following                registered persons to take the S101 General Program
                                                                                                                                                              to fulfill the Regulatory Element requirement, as the
                                                (‘‘CHX’’ or the ‘‘Exchange’’) filed with                Regulatory Elements for Exchange                      Series 56 was replaced with the Series 57 exam by
                                                the Securities and Exchange                             registered persons: The S201 Supervisor               FINRA, effective January 4, 2016. See Securities
                                                Commission (‘‘Commission’’) the                         Program for registered principals and                 Exchange Act Release No. 75783 (August 28, 2015),
                                                proposed rule change as described in                    supervisors; The S501 Series 56                       80 FR 53369 (September 3, 2015) (Order Approving
                                                                                                                                                              a Proposed Rule Change To Establish the Securities
                                                Items I and II below, which Items have                  Proprietary Trader Continuing                         Trader and Securities Trader Principal Registration
                                                been prepared by the Exchange. The                      Education Program for Series 56                       Categories) (SR–FINRA–2015–017).
                                                Commission is publishing this notice to                                                                         11 As of July 1, 2016, FINRA required all

                                                solicit comments on the proposed rule                     3 The proposed rule change is based on a recent     participants to complete their Regulatory Element
                                                change from interested persons.                         FINRA filing adopting web-based delivery of the CE    session using the CE Online System; provided that
                                                                                                        Regulatory Element program. See Securities            certain participants who, pursuant to the Americans
                                                I. Self-Regulatory Organization’s                       Exchange Act Release No. 75581 (July 31, 2015), 80    with Disabilities Act, that [sic] need
                                                                                                                                                              accommodations in completing their session due to
                                                Statement of the Terms of Substance of                  FR 47018 (August 6, 2015) (Order Approving a
                                                                                                                                                              a disability may apply for an accommodation and
                                                the Proposed Rule Change                                Proposed Rule Change to Provide a Web-based
                                                                                                                                                              complete their session at a test center. See
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Delivery Method for Completing the Regulatory
                                                                                                        Element of the Continuing Education Requirements)     Securities Exchange Act Release No. 78281 (July 11,
                                                  CHX proposes to amend the Rules of                                                                          2016), 81 FR 46133 (July 15, 2016) (SR–FINRA–
                                                                                                        (SR–FINRA–2015–015).
                                                the Exchange (‘‘CHX Rules’’) to provide                   4 15 U.S.C. 78s(b)(3)(A).                           2016–025); see also Americans with Disabilities Act
                                                for web-based delivery of the continuing                  5 17 CFR 240.19b–4(f)(6).
                                                                                                                                                              of 1990, Public Law 101–336, 104 Stat. 328 (1990).
                                                                                                                                                                12 The Exchange intends on filing a proposed rule
                                                                                                          6 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                              change to amend its fee schedule to reduce the cost
                                                  15 17 CFR 200.30–3(a)(12).                              7 See CHX Article 6, Rule 11(a).
                                                                                                                                                              of the Regulatory Element from $100 to $55 to be
                                                  1 15 U.S.C. 78s(b)(1).                                  8 See CHX Article 6, Rule 11(b).
                                                                                                                                                              consistent with Section 4(f) of the Schedule A to the
                                                  2 17 CFR 240.19b–4.                                     9 See to CHX Article 6, Rule 11(a)                  FINRA By-Laws.



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                                                                                   Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices                                           51531

                                                be considered conduct inconsistent with                   C. Self-Regulatory Organization’s                         it appears to the Commission that such
                                                just and equitable principles of trade, in                Statement on Comments on the                              action is necessary or appropriate in the
                                                violation of Article 9, Rule 2. The                       Proposed Rule Change Received From                        public interest, for the protection of
                                                Exchange is not proposing any changes                     Members, Participants or Others                           investors, or otherwise in furtherance of
                                                to the Firm Element requirements under                      No written comments were either                         the purposes of the Act. If the
                                                Article 6, Rule 11(b).                                    solicited or received.                                    Commission takes such action, the
                                                                                                                                                                    Commission shall institute proceedings
                                                2. Statutory Basis                                        III. Date of Effectiveness of the                         to determine whether the proposed rule
                                                                                                          Proposed Rule Change and Timing for                       should be approved or disapproved.
                                                   The Exchange believes that its                         Commission Action
                                                proposal is consistent with section 6(b)                                                                            IV. Solicitation of Comments
                                                of the Act 13 in general, and furthers the                   Because the foregoing proposed rule
                                                                                                                                                                      Interested persons are invited to
                                                objectives of section 6(b)(5) of the Act 14               change does not: (i) Significantly affect
                                                                                                                                                                    submit written data, views and
                                                in particular, in that it is designed to                  the protection of investors or the public
                                                                                                                                                                    arguments concerning the foregoing,
                                                                                                          interest; (ii) impose any significant
                                                promote just and equitable principles of                                                                            including whether the proposed rule
                                                                                                          burden on competition; and (iii) become                   change is consistent with the Act.
                                                trade, to remove impediments to and
                                                                                                          operative for 30 days from the date on                    Comments may be submitted by any of
                                                perfect the mechanism of a free and                       which it was filed, or such shorter time
                                                open market and a national market                                                                                   the following methods:
                                                                                                          as the Commission may designate, it has
                                                system, and, in general to protect                        become effective pursuant to section                      Electronic Comments
                                                investors and the public interest.                        19(b)(3)(A) 16 of the Act and Rule 19b–                     • Use the Commission’s Internet
                                                Additionally, the Exchange believes the                   4(f)(6) thereunder.17                                     comment form (http://www.sec.gov/
                                                proposed rule change is consistent with                      A proposed rule change filed                           rules/sro.shtml); or
                                                the section 6(b)(5) requirement that the                  pursuant to Rule 19b–4(f)(6) under the                      • Send an email to rule-comments@
                                                rules of an exchange not be designed to                   Act 18 normally does not become                           sec.gov. Please include File No. SR–
                                                permit unfair discrimination between                      operative for 30 days after the date of its               CHX–2016–12 on the subject line.
                                                customers, issuers, brokers, or dealers                   filing. However, Rule 19b–4(f)(6)(iii) 19
                                                and section 6(c)(3) 15 of the Act, which                  permits the Commission to designate a                     Paper Comments
                                                authorizes the Exchange to, among other                   shorter time if such action is consistent                    • Send paper comments in triplicate
                                                things, prescribe standards of financial                  with the protection of investors and the                  to Secretary, Securities and Exchange
                                                responsibility or operational capability                  public interest. The Exchange has asked                   Commission, 100 F Street NE.,
                                                and standards of training, experience                     the Commission to waive the 30-day                        Washington, DC 20549–1090.
                                                and competence for its members and                        operative delay so that the proposal may                  All submissions should refer to File No.
                                                persons associated with members.                          become operative upon filing.                             SR–CHX–2016–12. This file number
                                                                                                          According to the Exchange, test-center                    should be included on the subject line
                                                   In particular, the Exchange believes                   delivery of the CE Regulatory Element is                  if email is used. To help the
                                                that the proposed rule change will                        no longer available for all individuals                   Commission process and review your
                                                improve Participants’ compliance efforts                  other than those who qualify for special                  comments more efficiently, please use
                                                and will allow registered persons to                      accommodations.20 The Exchange                            only one method. The Commission will
                                                spend a greater amount of time on the                     wishes to amend its rules to reflect this                 post all comments on the Commission’s
                                                review of CE materials and potentially                    change as soon as practicable. Based on                   Internet Web site (http://www.sec.gov/
                                                achieve better learning outcomes, which                   the foregoing, the Commission believes                    rules/sro.shtml). Copies of the
                                                will in turn enhance investor protection.                 the waiver of the operative delay is                      submission, all subsequent
                                                Further, while the proposed rule change                   consistent with the protection of                         amendments, all written statements
                                                will provide more flexibility to members                  investors and the public interest.                        with respect to the proposed rule
                                                and registered persons, it will maintain                  Therefore, the Commission hereby                          change that are filed with the
                                                the integrity of the Regulatory Element                   waives the operative delay and                            Commission, and all written
                                                program and the CE program in general.                    designates the proposal operative upon                    communications relating to the
                                                                                                          filing.21                                                 proposed rule change between the
                                                B. Self-Regulatory Organization’s                            At any time within 60 days of the                      Commission and any person, other than
                                                Statement on Burden on Competition                        filing of the proposed rule change, the                   those that may be withheld from the
                                                  The Exchange does not believe that                      Commission summarily may                                  public in accordance with the
                                                                                                          temporarily suspend such rule change if                   provisions of 5 U.S.C. 552, will be
                                                the proposed rule change will impose
                                                                                                                                                                    available for Web site viewing and
                                                any burden on competition not                               16 15  U.S.C. 78s(b)(3)(A).                             printing in the Commission’s Public
                                                necessary or appropriate in furtherance                     17 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      Reference Room, 100 F Street NE.,
                                                of the purposes of the Act. Specifically,                 4(f)(6) requires a self-regulatory organization to give
                                                                                                          the Commission written notice of its intent to file
                                                                                                                                                                    Washington, DC 20549 on official
                                                the Exchange believes that the                                                                                      business days between the hours of
                                                                                                          the proposed rule change, along with a brief
                                                harmonization of the Regulatory                           description and the text of the proposed rule             10:00 a.m. and 3:00 p.m. Copies of the
                                                Element delivery requirements across                      change, at least five business days prior to the date     filing also will be available for
                                                the various markets will reduce burdens                   of filing of the proposed rule change, or such
                                                                                                                                                                    inspection and copying at the principal
                                                on competition by removing                                shorter time as designated by the Commission. The
                                                                                                                                                                    office of the CHX. All comments
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                          Exchange has satisfied this requirement.
                                                impediments to participation in the                          18 17 CFR 240.19b–4(f)(6).                             received will be posted without change;
                                                national market system.                                      19 17 CFR 240.19b–4(f)(6)(iii).                        the Commission does not edit personal
                                                                                                             20 See supra note 11.
                                                                                                                                                                    identifying information from
                                                                                                             21 For purposes only of waiving the 30-day
                                                                                                                                                                    submissions. You should submit only
                                                                                                          operative delay, the Commission has also
                                                  13 15 U.S.C. 78(f)(b).
                                                                                                          considered the proposed rule’s impact on
                                                                                                                                                                    information that you wish to make
                                                  14 15 U.S.C. 78(f)(b)(5).                               efficiency, competition, and capital formation. See       available publicly. All submissions
                                                  15 15 U.S.C. 78(f)(b)[sic](3).                          15 U.S.C. 78c(f).                                         should refer to File No. SR–CHX–2016–


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                                                51532                          Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices

                                                12 and should be submitted on or before                 in Item IV below. ICC has prepared                    requirements, or the sum of all sold
                                                August 25, 2016.                                        summaries, set forth in sections A, B                 protection position liquidity
                                                  For the Commission, by the Division of                and C below, of the most significant                  requirements. There are no changes to
                                                Trading and Markets, pursuant to delegated              aspects of these statements.                          the liquidity charge calculation at the
                                                authority.22
                                                                                                        A. Self-Regulatory Organization’s                     portfolio level.
                                                Robert W. Errett,                                       Statement of the Purpose of, and                         ICC expects these enhancements will
                                                Deputy Secretary.                                       Statutory Basis for, the Proposed Rule                ensure more stable liquidity
                                                [FR Doc. 2016–18473 Filed 8–3–16; 8:45 am]              Change                                                requirements for instruments across the
                                                BILLING CODE 8011–01–P
                                                                                                           ICC proposes revising its risk                     curve. Further, the enhancements
                                                                                                        management framework to incorporate                   simplify ICC’s liquidity charge
                                                                                                        risk model enhancements related to the                methodology, which promotes ease of
                                                SECURITIES AND EXCHANGE                                                                                       understanding. As stated above, the
                                                                                                        single name credit default swap (‘‘CDS’’)
                                                COMMISSION                                                                                                    current risk factor level liquidity
                                                                                                        liquidity charge methodology. ICC
                                                [Release No. 34–78448; File No. SR–ICC–                 believes such revisions will facilitate               requirements are based on forward CDS
                                                2016–010]                                               the prompt and accurate clearance and                 spread levels and are, in general, more
                                                                                                        settlement of securities transactions and             difficult to replicate due to the inherited
                                                Self-Regulatory Organizations; ICE                      derivative agreements, contracts, and                 need for knowledge of spread levels
                                                Clear Credit LLC; Notice of Filing of                   transactions for which it is responsible.             across the entire term structure
                                                Proposed Rule Change To Revise the                      The proposed revisions are described in               (‘‘curve’’). Additionally, to facilitate
                                                ICC Risk Management Model                               detail as follows.                                    replication of the enhanced liquidity
                                                Description Document and the ICC                           ICC proposes a revised approach to                 charge calculations, ICC will provide
                                                Risk Management Framework                               computing single name CDS liquidity                   end-of-day data for instruments in
                                                July 29, 2016.                                          charges. Specifically, ICC proposes to                which clients have open positions,
                                                   Pursuant to Section 19(b)(1) of the                  introduce minimum instrument                          allowing for additional transparency
                                                Securities Exchange Act of 1934                         liquidity requirements independent of                 and easier replication for clients who
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder 2                 instrument maturities. ICC’s current                  wish to estimate liquidity charges for
                                                notice is hereby given that on July 15,                 approach features instrument liquidity                hypothetical and current positions.
                                                2016, ICE Clear Credit LLC (‘‘ICC’’) filed              requirements that decay with time to
                                                                                                        maturity for fixed credit spread levels.                 ICC also proposes updating liquidity
                                                with the Securities and Exchange                                                                              scaling factors to reflect the
                                                Commission (‘‘Commission’’) the                         The proposed approach introduces
                                                                                                        minimum liquidity requirements for                    methodology enhancements. There is no
                                                proposed rule change as described in                                                                          price based component under the
                                                Items I, II, and III below, which Items                 individual instruments, independent of
                                                                                                        time to maturity for the considered                   current methodology. To reflect the
                                                have been prepared primarily by ICC.                                                                          introduction of a price based
                                                The Commission is publishing this                       instruments, and thus establishes
                                                                                                        minimum liquidity charges that do not                 component, the liquidity scaling factors
                                                notice to solicit comments on the                                                                             have been decomposed and adjusted in
                                                                                                        decay over time as maturity is
                                                proposed rule change from interested                                                                          order to maintain the same overall
                                                                                                        approached. The revised calculation for
                                                persons.
                                                                                                        single name CDS liquidity charges at the              composition with both price and spread
                                                I. Self-Regulatory Organization’s                       instrument level incorporates a price-                based components.
                                                Statement of the Terms of Substance of                  based bid-offer width floor component                    ICC also proposes minor clarifying
                                                the Proposed Rule Change                                to provide stability of requirements, as              edits to the ICC Risk Management
                                                   The principal purpose of the                         well as a dynamic spread-based BOW                    Framework and the ICC Risk
                                                proposed rule change is to revise the                   component to reflect the additional risk              Management Model Description
                                                ICC Risk Management Framework to                        associated with distressed market                     document. ICC added language to the
                                                incorporate certain risk model                          conditions. The values of such price-                 Overview section of the Risk
                                                enhancements. ICC also proposes minor                   based BOW and spread-based BOW are
                                                                                                                                                              Management Framework to identify
                                                clarifying edits to the ICC Risk                        fixed factors, which are subject to at
                                                                                                                                                              which ICC documents provide
                                                Management Model Description                            least monthly reviews and updates by
                                                                                                                                                              additional details regarding ICC’s risk
                                                document and the ICC Risk                               ICC Risk Management Department with
                                                                                                                                                              management approach. ICC added
                                                Management Framework. These                             consultation with the Risk Committee.
                                                                                                           ICC also proposes enhancements to                  language to the Governance and
                                                revisions do not require any changes to                                                                       Organization section of the Risk
                                                                                                        the liquidity charge calculation at the
                                                the ICC Clearing Rules (‘‘Rules’’).                                                                           Management Framework to note that the
                                                                                                        risk factor level. The current risk factor
                                                II. Self-Regulatory Organization’s                      level liquidity requirements are based                reporting line of ICC’s Chief Risk Officer
                                                Statement of the Purpose of, and                        on forward CDS spread levels. Under                   to the Chairperson of the ICC Risk
                                                Statutory Basis for, the Proposed Rule                  the revised calculation, liquidity                    Committee, who is also a non-executive
                                                Change                                                  charges at the risk factor level are                  manager on the Board, allows the Chief
                                                                                                        computed by first calculating the                     Risk Officer to bring any issues or
                                                   In its filing with the Commission, ICC                                                                     concerns directly to the Board without
                                                included statements concerning the                      liquidity requirements for each
                                                                                                        individual instrument position in the                 intermediation by other ICC personnel.
                                                purpose of and basis for the proposed
                                                                                                        portfolio, and then summing all                       ICC also made edits to the Governance
sradovich on DSK3GMQ082PROD with NOTICES




                                                rule change and discussed any
                                                                                                        instrument liquidity requirements for                 and Organization section of the Risk
                                                comments it received on the proposed
                                                                                                        positions with the same directionality,               Management Framework to revise the
                                                rule change. The text of these statements
                                                                                                        i.e., bought or sold protection. The risk             list of documents reviewed by the Risk
                                                may be examined at the places specified
                                                                                                        factor liquidity requirement is the                   Committee on at least an annual basis to
                                                  22 17 CFR 200.30–3(a)(12).                            greatest liquidity requirement associated             include the ICC End-of-Day Price
                                                  1 15 U.S.C. 78s(b)(1).                                with either the sum of all bought                     Discovery Policies and Procedures and
                                                  2 17 CFR 240.19b–4.                                   protection position liquidity                         the ICC Operational Risk Management


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Document Created: 2016-08-04 02:53:29
Document Modified: 2016-08-04 02:53:29
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 51530 

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