81_FR_54790 81 FR 54632 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Revise The Options Clearing Corporation's Schedule of Fees

81 FR 54632 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Revise The Options Clearing Corporation's Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 158 (August 16, 2016)

Page Range54632-54634
FR Document2016-19431

Federal Register, Volume 81 Issue 158 (Tuesday, August 16, 2016)
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Pages 54632-54634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19431]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78526; File No. SR-OCC-2016-008]


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

August 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 July 29, 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 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 revise OCC's 
Schedule of Fees effective October 1,

[[Page 54633]]

2016, or such later date as OCC may determine and announce to its 
Clearing Members via Information Memo,\5\ to implement a change of fees 
in conjunction with enhancements to OCC's Stock Loan Program 
(``Program'').
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    \5\ On August 8, 2016, pursuant to a telephone conversation with 
Commission staff, OCC agreed that if OCC determines that an 
effective date later than October 1, 2016 is required for the fee 
change that is the subject of this filing, OCC will re-file a 
revised Schedule of Fees specifying the new effective date. In 
addition, OCC agreed to the insertion of clarifying language 
concerning its determination of any later effective date in its 
description of the proposed rule change.
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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 revise OCC's 
Schedule of Fees to more adequately cover the expenses incurred by OCC 
to operate the Program, including costs associated with ongoing and 
anticipated operational and risk management enhancements to the 
Program. The revised fee schedule would become effective on October 1, 
2016, or such later date as OCC may determine and announce via 
Information Memo.\6\
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    \6\ See supra note 5.
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    The Program began in 1993 as a tool for participants to use 
borrowed and loaned securities to reduce OCC margin requirements by 
reflecting the actual risks of their inter-market hedged positions. 
When the Program began, OCC implemented a risk management 
infrastructure based on the Program's scale and complexity. Over time, 
OCC's Clearing Members have discovered that the Program can provide 
valuable risk management and capital efficiency solutions. 
Specifically, the credit risk of a given stock loan transaction in the 
Program is significantly lower than a bilaterally executed stock loan 
as a result of OCC's novation and guarantee of stock loans in the 
Program, and Clearing Members' stock loans in the Program are netted 
against their other positions held at OCC. These factors have caused 
significant increases in both the scale of the Program and the 
resulting risk management demands. As a result of the increased 
operational and risk management demands of the Program, and in light of 
OCC's heightened responsibilities as a designated Systemically 
Important Financial Market Utility, OCC is considering a number of 
enhancements to its operational and risk management systems and 
processes, which require both process redesign and increased operating 
expenses. These enhanced systems and processes would include:
     The capture and validation of trades prior to facilitating 
settlement;
     A new position accounting system to support expanded 
guarantee of contract terms such as rebate rate and term;
     An automated trade correction mechanism;
     Automated systems to support re-matching upon the default 
of a participant lending and borrowing the same security; and,
     Automation of the default management process for any 
unmatched positions and limitation of the close-out period.
    Taking these enhancements into account, OCC analyzed its pricing 
for the Program, which has not been updated since 2009, against the 
Program's annual revenue as well as the Program's expenses assessed 
against OCC by the Depository Trust Company (``DTC'') and determined 
that current pricing would not reflect the expenses incurred by OCC to 
make the Program more robust and sustainable given its increased scope 
and risk managements demands.
    OCC arrived at the fee schedule presented herein by determining 
pricing for the Program that: (1) Covers OCC's costs in running the 
Program, including the transaction fees charged to OCC by DTC; (2) 
account for costs incurred by OCC to make the operational and risk 
management enhancements required to make the Program more robust and 
sustainable; and, (3) better reflects the value the Program provides 
participants, particularly to borrowers, by providing for a centrally 
cleared and risk managed stock loan clearing solution. As a result of 
the aforementioned analysis, OCC proposes to revise its Schedule of 
Fees \7\ by adding a monthly 0.4 basis point annualized charge for 
borrowers on average daily notional outstanding balances in addition to 
the current $1 clearing fee for both lenders and borrowers, which would 
be retained under the proposed fee change.\8\
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    \7\ These changes are also reflected in Exhibit 5.
    \8\ OCC notes that the proposed fee increase is designed to help 
defray increased expenses to OCC from the development and 
implementation of the ongoing and anticipated operational and risk 
management enhancements discussed above. Moreover, OCC would 
continue to monitor Program revenue and expenses in order to 
determine if further revisions to OCC's Schedule of Fees are 
required so that revenue is commensurate with expenses and the 
services provided. 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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    OCC does not believe that its current pricing schedule reflects the 
value that the Program provides to its participants, particularly to 
borrowers using the Program. Securities lending transactions are 
typically driven by the need for borrowers to obtain specific 
securities. Lenders, in comparison, do not have a specific need to lend 
their securities and the price of a given stock loan transaction in 
part compensates the lender for the borrower's credit risk. As a 
result, it is common for the borrower to pay all ancillary fees related 
to a given stock loan transaction. Moreover, while borrowers and 
lenders both benefit from the risk management and capital efficiencies 
gained by clearing stock loan transactions through the Program, on 
balance, the capital efficiencies for borrowers are greater. 
Furthermore, the implementation of the aforementioned operational and 
risk management enhancements would provide for a more robust and 
sustainable Program, and as a result, OCC hopes to be able to build on 
this foundation in the future to attract a broader market of securities 
borrowers and lenders to the Program, particularly securities lenders, 
which would potentially lead to borrowers in the Program receiving 
better loan rates because there would a greater amount of willing 
lenders.
2. Statutory Basis
    OCC believes that the proposed rule change concerning a change to 
OCC's clearing fees is consistent with Section 17A(b)(3)(D) \9\ of the 
Act, because the proposed fee schedule provides for the equitable 
allocation of reasonable fees among its Clearing Members. OCC believes 
the proposed fee change is reasonable because it is designed to cover 
the costs incurred by OCC to implement operational and risk management 
enhancements designed to make the Program more robust and sustainable, 
particularly given the increased scale and risk management demands of 
the Program, and the increased revenue from the fee change

[[Page 54634]]

is anticipated to help offset the increased expenses incurred by OCC to 
make such enhancements. These enhancements would strengthen the 
Program's operational resiliency and risk management capabilities, 
potentially enabling the introduction of further enhancements that 
would allow the Program to service a broader market of participants, 
which in turn would provide economic benefits and lower risk for both 
borrowers and lenders. Moreover, OCC believes that the proposed fee 
schedule would provide for an equitable allocation of clearing fees to 
users of the Program. Specifically, OCC would retain the $1 new loan 
transaction clearing fee for both lenders and borrowers, and the 
proposed fee change would impose an additional monthly 0.4 basis point 
annualized charge for borrowers based on average daily notional 
outstanding balances to more appropriately allocate costs of the 
Program to those users benefiting most from the Program. The proposed 
fee change would therefore better align Program fees with the industry, 
in which is it common practice for borrowers to bear additional costs 
associated with stock loan transactions. The proposed rule change is 
not inconsistent with the existing rules of OCC, including any other 
rules proposed to be amended.
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    \9\ 17 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 not necessary or appropriate 
in furtherance of the purposes of the Act.\10\ Although this proposed 
rule change would assess an additional fee against borrowers utilizing 
the Program that is not assessed against lenders, as explained above, 
OCC believes that the proposed rule change appropriately aligns how 
fees are assessed with the economic and risk management benefits of the 
Program, and enables OCC to provide a more robust Program that will 
expand its user base and benefit borrowers. Also, the proposed fee 
changes would not disadvantage or favor any particular borrower or 
lender utilizing the Program in relationship to another borrower or 
lender, respectively, because the proposed clearing fees apply equally 
to all users of the Program. Accordingly, OCC does not believe that the 
proposed rule change would have any impact or impose a burden on 
competition not necessary or appropriate in furtherance of the purposes 
of the Act.
---------------------------------------------------------------------------

    \10\ 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 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 pursuant to Section 
19(b)(3)(A)(ii) of the Act \11\ and Rule 19b-4(f)(2) thereunder.\12\ 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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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 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-2016-008 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-2016-008. 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_008.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-2016-008 
and should be submitted on or before September 6, 2016.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19431 Filed 8-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    54632                           Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices

                                                    and perfect the mechanism of a free and                    III. Date of Effectiveness of the Proposed               Reference Room, 100 F Street NE.,
                                                    open market and a national market                          Rule Change and Timing for                               Washington, DC 20549 on official
                                                    system, and, in general, to protect                        Commission Action                                        business days between the hours of
                                                    investors and the public interest.                            The foregoing rule change has become                  10:00 a.m. and 3:00 p.m. Copies of the
                                                    Additionally, the Exchange believes the                    effective pursuant to Section 19(b)(3)(A)                filing also will be available for
                                                    proposed rule change is consistent with                    of the Act 6 and paragraph (f) of Rule                   inspection and copying at the principal
                                                    Section 6(b)(4) of the Act,5 which                         19b–4 7 thereunder. At any time within                   office of the Exchange. All comments
                                                    requires that Exchange rules provide for                   60 days of the filing of the proposed rule               received will be posted without change;
                                                    the equitable allocation of reasonable                     change, the Commission summarily may                     the Commission does not edit personal
                                                    dues, fees, and other charges among its                    temporarily suspend such rule change if                  identifying information from
                                                    Trading Permit Holders and other                           it appears to the Commission that such                   submissions. You should submit only
                                                    persons using its facilities.                              action is necessary or appropriate in the                information that you wish to make
                                                       The Exchange believes extending the                     public interest, for the protection of                   available publicly. All submissions
                                                    waiver of ETH Trading Permit and                           investors, or otherwise in furtherance of                should refer to File Number SR–CBOE–
                                                    Bandwidth Packet fees for one of each                      the purposes of the Act. If the                          2016–060 and should be submitted on
                                                    type of Trading Permit and Bandwidth                       Commission takes such action, the                        or before September 6, 2016.
                                                    Packet, per affiliated TPH through                         Commission will institute proceedings                      For the Commission, by the Division of
                                                    December 31, 2016 is reasonable,                           to determine whether the proposed rule                   Trading and Markets, pursuant to delegated
                                                    equitable and not unfairly                                 change should be approved or                             authority.8
                                                    discriminatory, because it promotes and                    disapproved.                                             Robert W. Errett,
                                                    encourages trading during the ETH                                                                                   Deputy Secretary.
                                                                                                               IV. Solicitation of Comments
                                                    session and applies to all ETH TPHs.                                                                                [FR Doc. 2016–19443 Filed 8–15–16; 8:45 am]
                                                    The Exchange believes it’s also                              Interested persons are invited to                      BILLING CODE 8011–01–P
                                                    reasonable, equitable and not unfairly                     submit written data, views, and
                                                    discriminatory to waive fees for Login                     arguments concerning the foregoing,
                                                    IDs related to waived Trading Permits                      including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                    and/or Bandwidth Packets in order to                       change is consistent with the Act.                       COMMISSION
                                                    promote and encourage ongoing                              Comments may be submitted by any of
                                                                                                               the following methods:                                   [Release No. 34–78526; File No. SR–OCC–
                                                    participation in ETH and also applies to                                                                            2016–008]
                                                    all ETH TPHs.                                              Electronic Comments
                                                                                                                 • Use the Commission’s Internet                        Self-Regulatory Organizations; The
                                                    B. Self-Regulatory Organization’s                                                                                   Options Clearing Corporation; Notice
                                                    Statement on Burden on Competition                         comment form (http://www.sec.gov/
                                                                                                               rules/sro.shtml); or                                     of Filing and Immediate Effectiveness
                                                       The Exchange does not believe that                        • Send an email to rule-comments@                      of Proposed Rule Change To Revise
                                                    the proposed rule changes will impose                      sec.gov. Please include File Number SR–                  The Options Clearing Corporation’s
                                                    any burden on competition that are not                     CBOE–2016–060 on the subject line.                       Schedule of Fees
                                                    necessary or appropriate in furtherance                                                                             August 10, 2016.
                                                                                                               Paper Comments
                                                    of the purposes of the Act. The                                                                                        Pursuant to Section 19(b)(1) of the
                                                    Exchange does not believe that the                           • Send paper comments in triplicate
                                                                                                                                                                        Securities Exchange Act of 1934
                                                    proposed rule change will impose any                       to Secretary, Securities and Exchange
                                                                                                                                                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    burden on intramarket competition                          Commission, 100 F Street NE.,
                                                                                                                                                                        notice is hereby given that on July 29,
                                                    because it applies to all Trading Permit                   Washington, DC 20549–1090.
                                                                                                                                                                        2016, The Options Clearing Corporation
                                                    Holders and encourages Trading Permit                      All submissions should refer to File                     (‘‘OCC’’) filed with the Securities and
                                                    Holders to participate in the ETH                          Number SR–CBOE–2016–060. This file                       Exchange Commission (‘‘Commission’’)
                                                    session.                                                   number should be included on the                         the proposed rule change as described
                                                       The Exchange does not believe that                      subject line if email is used. To help the               in Items I, II, and III below, which Items
                                                                                                               Commission process and review your                       have been prepared by OCC. OCC filed
                                                    the proposed rule changes will impose
                                                                                                               comments more efficiently, please use
                                                    any burden on intermarket competition                                                                               the proposed rule change pursuant to
                                                                                                               only one method. The Commission will
                                                    that is not necessary or appropriate in                                                                             Section 19(b)(3)(A)(ii) 3 of the Act and
                                                                                                               post all comments on the Commission’s
                                                    furtherance of the purposes of the Act                                                                              Rule 19b–4(f)(2) 4 thereunder so that the
                                                                                                               Internet Web site (http://www.sec.gov/
                                                    because the proposed changes only                                                                                   proposal was effective upon filing with
                                                                                                               rules/sro.shtml). Copies of the
                                                    affect trading on CBOE. To the extent                                                                               the Commission. The Commission is
                                                                                                               submission, all subsequent
                                                    that the proposed changes make CBOE                                                                                 publishing this notice to solicit
                                                                                                               amendments, all written statements
                                                    a more attractive marketplace for market                                                                            comments on the rule change from
                                                                                                               with respect to the proposed rule
                                                    participants at other exchanges, such                                                                               interested persons.
                                                                                                               change that are filed with the
                                                    market participants are welcome to
                                                                                                               Commission, and all written                              I. Clearing Agency’s Statement of the
                                                    become CBOE market participants.
                                                                                                               communications relating to the                           Terms of Substance of the Proposed
                                                    C. Self-Regulatory Organization’s                          proposed rule change between the                         Rule Change
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                                                    Statement on Comments on the                               Commission and any person, other than                       The purpose of this proposed rule
                                                    Proposed Rule Change Received From                         those that may be withheld from the                      change by OCC is to revise OCC’s
                                                    Members, Participants, or Others                           public in accordance with the                            Schedule of Fees effective October 1,
                                                                                                               provisions of 5 U.S.C. 552, will be
                                                      The Exchange neither solicited nor                       available for Web site viewing and                         8 17 CFR 200.30–3(a)(12).
                                                    received comments on the proposed                          printing in the Commission’s Public                        1 15 U.S.C. 78s(b)(1).
                                                    rule change.                                                                                                          2 17 CFR 240.19b–4.
                                                                                                                 6 15   U.S.C. 78s(b)(3)(A).                              3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                      5 15   U.S.C. 78f(b)(4).                                   7 17   CFR 240.19b–4(f).                                 4 17 CFR 240.19b–4(f)(2).




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                                                                                   Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices                                                  54633

                                                    2016, or such later date as OCC may                      positions held at OCC. These factors                   borrowers, which would be retained
                                                    determine and announce to its Clearing                   have caused significant increases in                   under the proposed fee change.8
                                                    Members via Information Memo,5 to                        both the scale of the Program and the                     OCC does not believe that its current
                                                    implement a change of fees in                            resulting risk management demands. As                  pricing schedule reflects the value that
                                                    conjunction with enhancements to                         a result of the increased operational and              the Program provides to its participants,
                                                    OCC’s Stock Loan Program (‘‘Program’’).                  risk management demands of the                         particularly to borrowers using the
                                                                                                             Program, and in light of OCC’s                         Program. Securities lending transactions
                                                    II. Clearing Agency’s Statement of the                                                                          are typically driven by the need for
                                                                                                             heightened responsibilities as a
                                                    Purpose of, and Statutory Basis for, the                                                                        borrowers to obtain specific securities.
                                                                                                             designated Systemically Important
                                                    Proposed Rule Change                                                                                            Lenders, in comparison, do not have a
                                                                                                             Financial Market Utility, OCC is
                                                       In its filing with the Commission,                    considering a number of enhancements                   specific need to lend their securities and
                                                    OCC included statements concerning                       to its operational and risk management                 the price of a given stock loan
                                                    the purpose of and basis for the                         systems and processes, which require                   transaction in part compensates the
                                                    proposed rule change and discussed any                   both process redesign and increased                    lender for the borrower’s credit risk. As
                                                    comments it received on the proposed                     operating expenses. These enhanced                     a result, it is common for the borrower
                                                    rule change. The text of these statements                systems and processes would include:                   to pay all ancillary fees related to a
                                                    may be examined at the places specified                     • The capture and validation of trades              given stock loan transaction. Moreover,
                                                    in Item IV below. OCC has prepared                       prior to facilitating settlement;                      while borrowers and lenders both
                                                    summaries, set forth in sections (A), (B),                  • A new position accounting system                  benefit from the risk management and
                                                    and (C) below, of the most significant                   to support expanded guarantee of                       capital efficiencies gained by clearing
                                                    aspects of these statements.                             contract terms such as rebate rate and                 stock loan transactions through the
                                                    (A) Clearing Agency’s Statement of the                   term;                                                  Program, on balance, the capital
                                                    Purpose of, and Statutory Basis for, the                    • An automated trade correction                     efficiencies for borrowers are greater.
                                                    Proposed Rule Change                                     mechanism;                                             Furthermore, the implementation of the
                                                                                                                • Automated systems to support re-                  aforementioned operational and risk
                                                    1. Purpose                                               matching upon the default of a                         management enhancements would
                                                       The purpose of this proposed rule                     participant lending and borrowing the                  provide for a more robust and
                                                    change is to revise OCC’s Schedule of                    same security; and,                                    sustainable Program, and as a result,
                                                    Fees to more adequately cover the                           • Automation of the default                         OCC hopes to be able to build on this
                                                    expenses incurred by OCC to operate                      management process for any unmatched                   foundation in the future to attract a
                                                    the Program, including costs associated                  positions and limitation of the close-out              broader market of securities borrowers
                                                    with ongoing and anticipated                             period.                                                and lenders to the Program, particularly
                                                    operational and risk management                             Taking these enhancements into                      securities lenders, which would
                                                    enhancements to the Program. The                         account, OCC analyzed its pricing for                  potentially lead to borrowers in the
                                                    revised fee schedule would become                        the Program, which has not been                        Program receiving better loan rates
                                                    effective on October 1, 2016, or such                    updated since 2009, against the                        because there would a greater amount of
                                                    later date as OCC may determine and                      Program’s annual revenue as well as the                willing lenders.
                                                    announce via Information Memo.6                          Program’s expenses assessed against                    2. Statutory Basis
                                                       The Program began in 1993 as a tool                   OCC by the Depository Trust Company
                                                    for participants to use borrowed and                     (‘‘DTC’’) and determined that current                     OCC believes that the proposed rule
                                                    loaned securities to reduce OCC margin                   pricing would not reflect the expenses                 change concerning a change to OCC’s
                                                    requirements by reflecting the actual                    incurred by OCC to make the Program                    clearing fees is consistent with Section
                                                    risks of their inter-market hedged                       more robust and sustainable given its                  17A(b)(3)(D) 9 of the Act, because the
                                                    positions. When the Program began,                       increased scope and risk managements                   proposed fee schedule provides for the
                                                    OCC implemented a risk management                        demands.                                               equitable allocation of reasonable fees
                                                    infrastructure based on the Program’s                       OCC arrived at the fee schedule                     among its Clearing Members. OCC
                                                    scale and complexity. Over time, OCC’s                   presented herein by determining pricing                believes the proposed fee change is
                                                    Clearing Members have discovered that                    for the Program that: (1) Covers OCC’s                 reasonable because it is designed to
                                                    the Program can provide valuable risk                    costs in running the Program, including                cover the costs incurred by OCC to
                                                    management and capital efficiency                        the transaction fees charged to OCC by                 implement operational and risk
                                                    solutions. Specifically, the credit risk of              DTC; (2) account for costs incurred by                 management enhancements designed to
                                                    a given stock loan transaction in the                    OCC to make the operational and risk                   make the Program more robust and
                                                    Program is significantly lower than a                    management enhancements required to                    sustainable, particularly given the
                                                    bilaterally executed stock loan as a                     make the Program more robust and                       increased scale and risk management
                                                    result of OCC’s novation and guarantee                   sustainable; and, (3) better reflects the              demands of the Program, and the
                                                    of stock loans in the Program, and                       value the Program provides participants,               increased revenue from the fee change
                                                    Clearing Members’ stock loans in the                     particularly to borrowers, by providing                  8 OCC notes that the proposed fee increase is
                                                    Program are netted against their other                   for a centrally cleared and risk managed               designed to help defray increased expenses to OCC
                                                                                                             stock loan clearing solution. As a result              from the development and implementation of the
                                                       5 On August 8, 2016, pursuant to a telephone          of the aforementioned analysis, OCC                    ongoing and anticipated operational and risk
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                                                    conversation with Commission staff, OCC agreed           proposes to revise its Schedule of Fees 7              management enhancements discussed above.
                                                    that if OCC determines that an effective date later                                                             Moreover, OCC would continue to monitor Program
                                                    than October 1, 2016 is required for the fee change
                                                                                                             by adding a monthly 0.4 basis point                    revenue and expenses in order to determine if
                                                    that is the subject of this filing, OCC will re-file a   annualized charge for borrowers on                     further revisions to OCC’s Schedule of Fees are
                                                    revised Schedule of Fees specifying the new              average daily notional outstanding                     required so that revenue is commensurate with
                                                    effective date. In addition, OCC agreed to the           balances in addition to the current $1                 expenses and the services provided. Any
                                                    insertion of clarifying language concerning its                                                                 subsequent changes to OCC’s Schedule of Fees
                                                    determination of any later effective date in its
                                                                                                             clearing fee for both lenders and                      would be the subject of a subsequent proposed rule
                                                    description of the proposed rule change.                                                                        change filed with the Commission.
                                                       6 See supra note 5.                                     7 These   changes are also reflected in Exhibit 5.     9 17 U.S.C. 78q–1(b)(3)(D).




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                                                    54634                              Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices

                                                    is anticipated to help offset the                          necessary or appropriate in furtherance                communications relating to the
                                                    increased expenses incurred by OCC to                      of the purposes of the Act.                            proposed rule change between the
                                                    make such enhancements. These                                                                                     Commission and any person, other than
                                                                                                               (C) Clearing Agency’s Statement on
                                                    enhancements would strengthen the                                                                                 those that may be withheld from the
                                                                                                               Comments on the Proposed Rule
                                                    Program’s operational resiliency and                                                                              public in accordance with the
                                                                                                               Change Received From Members,
                                                    risk management capabilities,                                                                                     provisions of 5 U.S.C. 552, will be
                                                                                                               Participants or Others                                 available for Web site viewing and
                                                    potentially enabling the introduction of
                                                    further enhancements that would allow                        Written comments were not and are                    printing in the Commission’s Public
                                                    the Program to service a broader market                    not intended to be solicited with respect              Reference Room, 100 F Street NE.,
                                                    of participants, which in turn would                       to the proposed rule change, and none                  Washington, DC 20549, on official
                                                    provide economic benefits and lower                        have been received.                                    business days between the hours of
                                                    risk for both borrowers and lenders.                                                                              10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                               III. Date of Effectiveness of the
                                                    Moreover, OCC believes that the                                                                                   filing also will be available for
                                                                                                               Proposed Rule Change and Timing for
                                                    proposed fee schedule would provide                                                                               inspection and copying at the principal
                                                                                                               Commission Action
                                                    for an equitable allocation of clearing                                                                           office of OCC and on OCC’s Web site at
                                                                                                                  The foregoing rule change has become                http://www.theocc.com/components/
                                                    fees to users of the Program.                              effective pursuant to Section                          docs/legal/rules_and_bylaws/sr_occ_16_
                                                    Specifically, OCC would retain the $1                      19(b)(3)(A)(ii) of the Act 11 and Rule                 008.pdf.
                                                    new loan transaction clearing fee for                      19b–4(f)(2) thereunder.12 At any time                     All comments received will be posted
                                                    both lenders and borrowers, and the                        within 60 days of the filing of the                    without change; the Commission does
                                                    proposed fee change would impose an                        proposed rule change, the Commission                   not edit personal identifying
                                                    additional monthly 0.4 basis point                         summarily may temporarily suspend                      information from submissions. You
                                                    annualized charge for borrowers based                      such rule change if it appears to the                  should submit only information that
                                                    on average daily notional outstanding                      Commission that such action is                         you wish to make available publicly. All
                                                    balances to more appropriately allocate                    necessary or appropriate in the public                 submissions should refer to File
                                                    costs of the Program to those users                        interest, for the protection of investors,             Number SR–OCC–2016–008 and should
                                                    benefiting most from the Program. The                      or otherwise in furtherance of the                     be submitted on or before September 6,
                                                    proposed fee change would therefore                        purposes of the Act.                                   2016.
                                                    better align Program fees with the
                                                                                                               IV. Solicitation of Comments                             For the Commission, by the Division of
                                                    industry, in which is it common
                                                                                                                                                                      Trading and Markets, pursuant to delegated
                                                    practice for borrowers to bear additional                    Interested persons are invited to                    authority.13
                                                    costs associated with stock loan                           submit written data, views, and                        Robert W. Errett,
                                                    transactions. The proposed rule change                     arguments concerning the foregoing,                    Deputy Secretary.
                                                    is not inconsistent with the existing                      including whether the proposed rule
                                                                                                                                                                      [FR Doc. 2016–19431 Filed 8–15–16; 8:45 am]
                                                    rules of OCC, including any other rules                    change is consistent with the Act.
                                                                                                                                                                      BILLING CODE 8011–01–P
                                                    proposed to be amended.                                    Comments may be submitted by any of
                                                                                                               the following methods:
                                                    (B) Clearing Agency’s Statement on
                                                    Burden on Competition                                      Electronic Comments                                    SECURITIES AND EXCHANGE
                                                                                                                 • Use the Commission’s Internet                      COMMISSION
                                                       OCC does not believe that the
                                                    proposed rule change would have any                        comment form (http://www.sec.gov/                      [Release No. 34–78533; File No. SR–
                                                                                                               rules/sro.shtml); or                                   NASDAQ–2016–086]
                                                    impact or impose a burden on
                                                                                                                 • Send an email to rule-comments@
                                                    competition not necessary or                                                                                      Self-Regulatory Organizations; The
                                                                                                               sec.gov. Please include File Number SR–
                                                    appropriate in furtherance of the                                                                                 NASDAQ Stock Market LLC; Order
                                                                                                               OCC–2016–008 on the subject line.
                                                    purposes of the Act.10 Although this                                                                              Granting Approval of a Proposed Rule
                                                    proposed rule change would assess an                       Paper Comments                                         Change, as Modified by Amendment
                                                    additional fee against borrowers                             • Send paper comments in triplicate                  No. 1 Thereto, To List and Trade the
                                                    utilizing the Program that is not                          to Brent J. Fields, Secretary, Securities              Shares of the VanEck Vectors Long/
                                                    assessed against lenders, as explained                     and Exchange Commission, 100 F Street                  Flat Commodity ETF
                                                    above, OCC believes that the proposed                      NE., Washington, DC 20549–1090.
                                                    rule change appropriately aligns how                                                                              August 10, 2016.
                                                                                                               All submissions should refer to File
                                                    fees are assessed with the economic and                    Number SR–OCC–2016–008. This file                      I. Introduction
                                                    risk management benefits of the                            number should be included on the                          On June 10, 2016, The NASDAQ
                                                    Program, and enables OCC to provide a                      subject line if email is used. To help the             Stock Market LLC (‘‘Nasdaq’’ or
                                                    more robust Program that will expand                       Commission process and review your                     ‘‘Exchange’’) filed with the Securities
                                                    its user base and benefit borrowers.                       comments more efficiently, please use                  and Exchange Commission
                                                    Also, the proposed fee changes would                       only one method. The Commission will                   (‘‘Commission’’), pursuant to Section
                                                    not disadvantage or favor any particular                   post all comments on the Commission’s                  19(b)(1) of the Securities Exchange Act
                                                    borrower or lender utilizing the Program                   Internet Web site (http://www.sec.gov/                 of 1934 (‘‘Act’’ or ‘‘Exchange Act’’),1 and
                                                    in relationship to another borrower or
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                               rules/sro.shtml). Copies of the                        Rule 19b–4 thereunder,2 a proposed rule
                                                    lender, respectively, because the                          submission, all subsequent                             change to list and trade shares
                                                    proposed clearing fees apply equally to                    amendments, all written statements                     (‘‘Shares’’) of the VanEck Vectors Long/
                                                    all users of the Program. Accordingly,                     with respect to the proposed rule                      Flat Commodity ETF (‘‘Fund’’) under
                                                    OCC does not believe that the proposed                     change that are filed with the                         Nasdaq Rule 5735. The Commission
                                                    rule change would have any impact or                       Commission, and all written
                                                    impose a burden on competition not                                                                                  13 17 CFR 200.30–3(a)(12).
                                                                                                                 11 15 U.S.C. 78s(b)(3)(A)(ii).                         1 15 U.S.C. 78s(b)(1).
                                                      10 15   U.S.C. 78q–1(b)(3)(I).                             12 17 CFR 240.19b–4(f)(2).                             2 17 CFR 240.19b–4.




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Document Created: 2016-08-16 03:20:24
Document Modified: 2016-08-16 03:20:24
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 54632 

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