81_FR_6943 81 FR 6917 - 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 6917 - 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 26 (February 9, 2016)

Page Range6917-6919
FR Document2016-02443

Federal Register, Volume 81 Issue 26 (Tuesday, February 9, 2016)
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6917-6919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02443]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77041; File No. SR-OCC-2016-001]


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

February 3, 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 January 20, 2016, The Options Clearing Corporation (``OCC'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared primarily by OCC. OCC filed the proposed rule 
change pursuant to Section 19(b)(3)(A)(ii) \3\ of the Act and Rule 19b-
4(f)(2) \4\ thereunder so that the proposal was effective upon filing 
with the Commission. The Commission is publishing this notice to 
solicit comments on the rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The purpose of this proposed rule change by The Options Clearing 
Corporation (``OCC'') is to revise OCC's Schedule of Fees effective 
March 1, 2016, to implement a reduction of clearing fees in accordance 
with OCC's Fee Policy, which was recently adopted as part of OCC's 
Capital Plan.\5\
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    \5\ In 2015, the Commission approved (``Approval Order'') OCC's 
plan for raising additional capital (``Capital Plan''), which was 
put in place in light of proposed regulatory capital requirements 
applicable to systemically important financial market utilities, 
such as OCC. See Securities Exchange Act Release No. 74452 (March 6, 
2015) 80 FR 13058 (March 12, 2015) (SR-OCC-2015-02). OCC also filed 
proposals in the Capital Plan Filing as an advance notice under 
Section 806(e)(1) of the Payment, Clearing, and Settlement 
Supervision Act of 2010. 12 U.S.C. 5465(e)(1). On February 26, 2015, 
the Commission issued a notice of no objection to the advance notice 
filing. See Exchange Act Release No. 74387 (February 26, 2015), 80 
FR 12215 (March 6, 2015) (SR-OCC-2014-813). BATS Global Markets, 
Inc., BOX Options Exchange LLC, KCG Holdings, Inc., Miami 
International Securities Exchange, LLC, and Susquehanna 
International Group, LLP (collectively ``Petitioners'') each filed 
petitions for review of the Approval Order, challenging the action 
taken by delegated authority. The filing of the petitions 
automatically stayed the Approval Order. OCC filed a Motion to Lift 
the Stay on April 2, 2015, and the Petitioners responded. The 
Commission subsequently determined that the automatic stay of 
delegated action should be discontinued, and the Commission granted 
OCC's Motion to Lift Stay of the staff's action in approving by 
delegated authority File No. SR-OCC-2015-02.

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[[Page 6918]]

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 in accordance with its new Fee Policy. The revised fee 
schedule would become effective on March 1, 2016.
    By way of background, in 2015, the Commission approved OCC's 
Capital Plan,\6\ which was put in place in light of proposed regulatory 
capital requirements applicable to systemically important financial 
market utilities, such as OCC. As part of OCC's Capital Plan, OCC 
adopted a Fee Policy whereby OCC would set clearing fees at a level 
that covers OCC's operating expenses plus a Business Risk Buffer \7\ of 
25%.\8\ The purpose of the Business Risk Buffer is to ensure that OCC 
accumulates sufficient capital to cover unexpected fluctuations in 
operating expenses, business capital needs, and regulatory capital 
requirements.
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    \6\ See supra note 5.
    \7\ The Business Risk Buffer is equal to net income before 
refunds, dividends, and taxes divided by total revenue.
    \8\ OCC's Schedule of Fees must also meet the requirements set 
forth in Article IX, Section 9 of OCC's By-Laws. In general, Article 
IX, Section 9 of OCC's By-Laws requires that OCC's fee structure be 
designed to: (1) Cover OCC's operating expenses plus a business risk 
buffer, (2) maintain reserves deemed reasonably necessary by OCC's 
Board of Directors, and (3) accumulate an additional surplus deemed 
advisable by the Board of Directors to permit OCC to meet its 
obligations to its clearing members and the public. Clauses 2 and 3 
above will only be invoked at the discretion of OCC's Board of 
Directors and in extraordinary circumstances.
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    OCC analyzed its current Schedule of Fees \9\ against projected 
revenues and projected expenses for 2016 in accordance with its Fee 
Policy. The primary goal of this analysis was to determine a fee 
setting approach for 2016 that covers OCC's anticipated operating 
expenses, seeks to minimize the number of fee resets under normal 
market conditions, and seeks to achieve a Business Risk Buffer of 25%. 
To project revenue (which is a product of cleared contract volume and 
clearing fees per contract), OCC estimated cleared contract volume per 
month for 2016 by computing the average of the previous 12 months of 
actual cleared contract volume data, excluding the high and low volume 
months, and used such average as the anticipated cleared contract 
volume per month for 2016.\10\ For expenses, OCC used projected 2016 
expenses, computed at the end of 2015 as part of OCC's 2016 budgeting 
process. OCC arrived at the fee schedule presented herein by 
determining the figures that would result in a coverage OCC's 
anticipated operating expenses plus a Business Risk Buffer of 25%.
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    \9\ OCC previously revised its Schedule of Fees effective April 
1, 2014, to reinstate permanent reduced fee rates for securities 
options and securities futures that were originally adopted 
effective May 1, 2007. See Securities Exchange Act Release No. 71769 
(March 21, 2014), 79 FR 17214 (March 27, 2014) (SR-OCC-2014-05).
    \10\ In order to validate this approach, OCC back tested its 
volume projecting methodology against data from the previous five 
years and determined that such methodology yields reasonable 
estimate of future contract volume.
---------------------------------------------------------------------------

    As a result of the aforementioned analysis, OCC proposes to revise 
its Schedule of Fees as set forth below.\11\
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    \11\ These changes are also reflected in Exhibit 5. Market 
maker/specialist scratch and linkage fees per side will remain 
unchanged at $0.020.

----------------------------------------------------------------------------------------------------------------
        Trades with contracts of:                  Current fee                        Proposed fee
----------------------------------------------------------------------------------------------------------------
1-500....................................  $0.050/contract............  $0.041/contract.
501-1000.................................  $0.040/contract............  $0.032/contract.
1001-2000................................  $0.030/contract............  $0.024/contract.
>2000....................................  $55.00/trade...............  $46.00/trade.
----------------------------------------------------------------------------------------------------------------

    OCC anticipates that the proposed changes to OCC's Schedule of Fees 
would result in an average decrease in clearing fees of 19%. Moreover, 
and in accordance with its Fee Policy, OCC will continue to monitor 
cleared contract volume and operating expenses in order to determine if 
further revisions to OCC's Schedule of Fees are required so that monies 
received from clearing fees cover OCC's operating expenses plus a 
Business Risk Buffer of 25%.\12\
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    \12\ 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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2. Statutory Basis
    OCC believes that the proposed rule change concerning a reduction 
to OCC's clearing fees is consistent with Section 17A(b)(3)(D) \13\ of 
the Act, because the proposed fee schedule provides for the equitable 
allocation of reasonable fees among its clearing members and other 
market participants pursuant to criteria set forth in OCC's Capital 
Plan, which has been approved by the Commission.\14\ The revised fee 
schedule would result in lower clearing fees for OCC's clearing members 
and other market participants and would be equally applicable to all 
market participants. 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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    \13\ 17 U.S.C. 78q-1(b)(3)(D).
    \14\ See supra note 5.
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(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would have an 
impact or impose a burden on competition.\15\ Although this proposed 
rule change affects clearing members, their customers, and the markets 
that OCC serves, OCC believes that the proposed rule change would not 
disadvantage or favor any particular user of OCC's services in 
relationship to another user because the proposed clearing fees apply 
equally to all users of OCC. Accordingly, OCC does not believe that the 
proposed rule change would have any impact or impose a burden on 
competition.
---------------------------------------------------------------------------

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

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

[[Page 6919]]

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

    The foregoing rule change has become effective upon filing \16\ 
pursuant to Section 19(b)(3)(A)(ii) of the Act \17\ and Rule 19b-
4(f)(2) thereunder \18\ because it constitutes a change in fees imposed 
by OCC on its clearing members and other market participants using 
OCC's services. At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \16\ Notwithstanding the immediate effectiveness of the proposed 
rule change and OCC's anticipated implementation date of March 1, 
2016, implementation of this rule change is also contingent on it 
being deemed certified under CFTC Regulation Sec.  40.6.
    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \18\ 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-2016-001 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-2016-001. 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_001.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-2016-001 and should be submitted on 
or before March 1, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-02443 Filed 2-8-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices                                                            6917

                                                  Regulatory Authority (‘‘FINRA’’), on                    those markets.16 With respect to SPX                      SECURITIES AND EXCHANGE
                                                  behalf of the Exchange, or the regulatory               Puts, specifically, the Exchange has                      COMMISSION
                                                  staff of the Exchange, will communicate                 provided data demonstrating that the                      [Release No. 34–77041; File No. SR–OCC–
                                                  as needed regarding trading in the                      average daily trading volume (through                     2016–001]
                                                  Shares and SPX Index options with                       expiration) of recent SPX Puts compares
                                                  other markets and other entities that are               favorably to the average daily trading                    Self-Regulatory Organizations; The
                                                  members of the Intermarket                              volumes of at-the-money put options on                    Options Clearing Corporation; Notice
                                                  Surveillance Group (‘‘ISG’’), and FINRA,                other major indexes and is, in fact,                      of Filing and Immediate Effectiveness
                                                  on behalf of the Exchange, or the                       higher than that of at-the-money puts on                  of Proposed Rule Change To Revise
                                                  regulatory staff of the Exchange, may                   the Russell 2000 index.17                                 the Options Clearing Corporation’s
                                                  obtain trading information regarding                                                                              Schedule of Fees
                                                  trading in the portfolio securities from                   For these reasons, the Commission
                                                  these markets and other entities. In                    believes that it would be difficult to                    February 3, 2016.
                                                  addition, the regulatory staff of the                   manipulate the price of the Shares by                        Pursuant to Section 19(b)(1) of the
                                                  Exchange may obtain information                         manipulating the prices of its                            Securities Exchange Act of 1934
                                                  regarding trading in the portfolio                      underlying assets. The Commission also                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  securities from markets and other                       notes that, except as discussed above,                    notice is hereby given that on January
                                                  entities that are members of ISG or with                all other representations made in                         20, 2016, The Options Clearing
                                                  which the Exchange has in place a                       support of the Prior Release remain                       Corporation (‘‘OCC’’) filed with the
                                                  comprehensive surveillance sharing                      unchanged.                                                Securities and Exchange Commission
                                                  agreement.                                                                                                        (‘‘Commission’’) the proposed rule
                                                                                                             For the foregoing reasons, the                         change as described in Items I, II, and
                                                  III. Discussion and Commission’s                        Commission finds that the proposed                        III below, which Items have been
                                                  Findings                                                rule change is consistent with Section                    prepared primarily by OCC. OCC filed
                                                                                                          6(b)(5) of the Act 18 and the rules and                   the proposed rule change pursuant to
                                                     After careful review, the Commission
                                                  finds that the exchange’s proposal is                   regulations thereunder applicable to a                    Section 19(b)(3)(A)(ii) 3 of the Act and
                                                  consistent with the requirements of                     national securities exchange.                             Rule 19b–4(f)(2) 4 thereunder so that the
                                                  Section 6 of the Act 11 and the rules and               IV. Conclusion                                            proposal was effective upon filing with
                                                  regulations thereunder applicable to a                                                                            the Commission. The Commission is
                                                  national securities exchange.12 In                         It is therefore ordered, pursuant to                   publishing this notice to solicit
                                                  particular, the Commission finds that                   Section 19(b)(2) of the Act,19 that the                   comments on the rule change from
                                                  the proposed rule change is consistent                  proposed rule change (SR–NYSEArca–                        interested persons.
                                                  with Section 6(b)(5) of the Act,13 which                2015–113), be, and it hereby                              I. Clearing Agency’s Statement of the
                                                  requires, among other things, that the                  is,approved.                                              Terms of Substance of the Proposed
                                                  Exchange’s rules be designed to prevent                                                                           Rule Change
                                                                                                            For the Commission, by the Division of
                                                  fraudulent and manipulative acts and                    Trading and Markets, pursuant to delegated
                                                  practices, to promote just and equitable                                                                             The purpose of this proposed rule
                                                                                                          authority.20                                              change by The Options Clearing
                                                  principles of trade, to remove
                                                  impediments to and perfect the                          Robert W. Errett,                                         Corporation (‘‘OCC’’) is to revise OCC’s
                                                  mechanism of a free and open market                     Deputy Secretary.                                         Schedule of Fees effective March 1,
                                                  and a national market system, and, in                   [FR Doc. 2016–02440 Filed 2–8–16; 8:45 am]                2016, to implement a reduction of
                                                  general, to protect investors and the                                                                             clearing fees in accordance with OCC’s
                                                                                                          BILLING CODE 8011–01–P
                                                  public interest.                                                                                                  Fee Policy, which was recently adopted
                                                     The Commission believes that it                                                                                as part of OCC’s Capital Plan.5
                                                  would be difficult to manipulate the                                                                                1 15
                                                                                                          quote transparency. The Exchange believes that the                U.S.C. 78s(b)(1).
                                                  price of the Shares by manipulating the                                                                             2 17  CFR 240.19b–4.
                                                  prices of its underlying assets. The                    highly regulated S&P 500 options markets, and the
                                                                                                                                                                       3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                          broad base and scope of the S&P 500 Index, make
                                                  Fund’s portfolio will comprise cash,                    securities that derive their value from that index,
                                                                                                                                                                       4 17 CFR 240.19b–4(f)(2).

                                                  short-term U.S. Treasury bills, and SPX                 including S&P 500 options, less susceptible to
                                                                                                                                                                       5 In 2015, the Commission approved (‘‘Approval

                                                  Puts.14 The Exchange contends that                      potential market manipulation in view of market           Order’’) OCC’s plan for raising additional capital
                                                  neither short-term Treasury securities                                                                            (‘‘Capital Plan’’), which was put in place in light of
                                                                                                          capitalization and liquidity of the S&P 500 Index
                                                                                                                                                                    proposed regulatory capital requirements applicable
                                                  nor SPX Puts are readily susceptible to                 components, price and quote transparency, and             to systemically important financial market utilities,
                                                  market manipulation due to the deep                     arbitrage opportunities.’’ Id.                            such as OCC. See Securities Exchange Act Release
                                                                                                            16 The Exchange states: ‘‘In addition, the Treasury
                                                  liquidity in15 and extensive oversight of                                                                         No. 74452 (March 6, 2015) 80 FR 13058 (March 12,
                                                                                                          market and its participants are subject to a wide         2015) (SR–OCC–2015–02). OCC also filed proposals
                                                    11 15                                                 range of oversight and regulations, including             in the Capital Plan Filing as an advance notice
                                                           U.S.C. 78f.
                                                    12 In                                                 requirements designed to prevent market                   under Section 806(e)(1) of the Payment, Clearing,
                                                          approving this proposed rule change, the                                                                  and Settlement Supervision Act of 2010. 12 U.S.C.
                                                  Commission notes that it has considered the             manipulation and other abuses. For example,
                                                                                                          Treasury market participants and the Treasury             5465(e)(1). On February 26, 2015, the Commission
                                                  proposed rule’s impact on efficiency, competition,                                                                issued a notice of no objection to the advance notice
                                                  and capital formation. See 15 U.S.C. 78c(f).            market, itself, are subject to significant oversight by
                                                                                                                                                                    filing. See Exchange Act Release No. 74387
                                                     13 15 U.S.C. 78f(b)(5).                              a number of regulatory authorities, including the         (February 26, 2015), 80 FR 12215 (March 6, 2015)
                                                     14 See Notice, supra note 3, 80 FR at 79373.         Treasury, the Commission, federal bank regulators,        (SR–OCC–2014–813). BATS Global Markets, Inc.,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     15 The Exchange states: ‘‘According to Federal       and the Financial Industry Regulatory Authority.’’        BOX Options Exchange LLC, KCG Holdings, Inc.,
                                                  Reserve Bank of New York data as of September           Id., n.15. The Exchange represents that the SPX           Miami International Securities Exchange, LLC, and
                                                  2015, average daily trading volume for U.S.             Puts will be subject to CBOE and FINRA                    Susquehanna International Group, LLP (collectively
                                                  Treasury bills totaled $67.8 billion. . . . SPX         surveillance programs. See id., 80 FR at 79374.           ‘‘Petitioners’’) each filed petitions for review of the
                                                  options are among the most liquid index options in        17 See id., 80 FR at 79372–73.                          Approval Order, challenging the action taken by
                                                  the U.S. and derive their value from the actively         18 15 U.S.C. 78f(b)(5).
                                                                                                                                                                    delegated authority. The filing of the petitions
                                                  traded S&P 500 Index components. SPX options are                                                                  automatically stayed the Approval Order. OCC filed
                                                                                                            19 15 U.S.C. 78s(b)(2).
                                                  cash-settled with no delivery of stocks or ETFs, and                                                              a Motion to Lift the Stay on April 2, 2015, and the
                                                  trade in competitive auction markets with price and       20 17 CFR 200.30–3(a)(12).                                                                           Continued




                                             VerDate Sep<11>2014   17:54 Feb 08, 2016   Jkt 238001   PO 00000   Frm 00090   Fmt 4703   Sfmt 4703   E:\FR\FM\09FEN1.SGM       09FEN1


                                                  6918                                    Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

                                                  II. Clearing Agency’s Statement of the                                        By way of background, in 2015, the                                   the number of fee resets under normal
                                                  Purpose of, and Statutory Basis for, the                                   Commission approved OCC’s Capital                                       market conditions, and seeks to achieve
                                                  Proposed Rule Change                                                       Plan,6 which was put in place in light                                  a Business Risk Buffer of 25%. To
                                                    In its filing with the Commission,                                       of proposed regulatory capital                                          project revenue (which is a product of
                                                  OCC included statements concerning                                         requirements applicable to systemically                                 cleared contract volume and clearing
                                                  the purpose of and basis for the                                           important financial market utilities,                                   fees per contract), OCC estimated
                                                  proposed rule change and discussed any                                     such as OCC. As part of OCC’s Capital                                   cleared contract volume per month for
                                                  comments it received on the proposed                                       Plan, OCC adopted a Fee Policy                                          2016 by computing the average of the
                                                  rule change. The text of these statements                                  whereby OCC would set clearing fees at                                  previous 12 months of actual cleared
                                                  may be examined at the places specified                                    a level that covers OCC’s operating                                     contract volume data, excluding the
                                                                                                                             expenses plus a Business Risk Buffer 7                                  high and low volume months, and used
                                                  in Item IV below. OCC has prepared
                                                                                                                             of 25%.8 The purpose of the Business                                    such average as the anticipated cleared
                                                  summaries, set forth in sections (A), (B),
                                                                                                                             Risk Buffer is to ensure that OCC                                       contract volume per month for 2016.10
                                                  and (C) below, of the most significant
                                                                                                                             accumulates sufficient capital to cover                                 For expenses, OCC used projected 2016
                                                  aspects of these statements.
                                                                                                                             unexpected fluctuations in operating                                    expenses, computed at the end of 2015
                                                  (A) Clearing Agency’s Statement of the                                     expenses, business capital needs, and                                   as part of OCC’s 2016 budgeting process.
                                                  Purpose of, and Statutory Basis for, the                                   regulatory capital requirements.
                                                                                                                                OCC analyzed its current Schedule of                                 OCC arrived at the fee schedule
                                                  Proposed Rule Change
                                                                                                                             Fees 9 against projected revenues and                                   presented herein by determining the
                                                  1. Purpose                                                                 projected expenses for 2016 in                                          figures that would result in a coverage
                                                    The purpose of this proposed rule                                        accordance with its Fee Policy. The                                     OCC’s anticipated operating expenses
                                                  change is to revise OCC’s Schedule of                                      primary goal of this analysis was to                                    plus a Business Risk Buffer of 25%.
                                                  Fees in accordance with its new Fee                                        determine a fee setting approach for                                       As a result of the aforementioned
                                                  Policy. The revised fee schedule would                                     2016 that covers OCC’s anticipated                                      analysis, OCC proposes to revise its
                                                  become effective on March 1, 2016.                                         operating expenses, seeks to minimize                                   Schedule of Fees as set forth below.11

                                                  Trades with contracts of:                                                                                                               Current fee                                      Proposed fee

                                                  1–500 ......................................................................................................   $0.050/contract .................................................    $0.041/contract.
                                                  501–1000 ................................................................................................      $0.040/contract .................................................    $0.032/contract.
                                                  1001–2000 ..............................................................................................       $0.030/contract .................................................    $0.024/contract.
                                                  >2000 ......................................................................................................   $55.00/trade .....................................................   $46.00/trade.



                                                    OCC anticipates that the proposed                                        market participants pursuant to criteria                                OCC serves, OCC believes that the
                                                  changes to OCC’s Schedule of Fees                                          set forth in OCC’s Capital Plan, which                                  proposed rule change would not
                                                  would result in an average decrease in                                     has been approved by the                                                disadvantage or favor any particular
                                                  clearing fees of 19%. Moreover, and in                                     Commission.14 The revised fee schedule                                  user of OCC’s services in relationship to
                                                  accordance with its Fee Policy, OCC                                        would result in lower clearing fees for                                 another user because the proposed
                                                  will continue to monitor cleared                                           OCC’s clearing members and other                                        clearing fees apply equally to all users
                                                  contract volume and operating expenses                                     market participants and would be                                        of OCC. Accordingly, OCC does not
                                                  in order to determine if further revisions                                 equally applicable to all market                                        believe that the proposed rule change
                                                  to OCC’s Schedule of Fees are required                                     participants. The proposed rule change                                  would have any impact or impose a
                                                  so that monies received from clearing                                      is not inconsistent with the existing                                   burden on competition.
                                                  fees cover OCC’s operating expenses                                        rules of OCC, including any other rules
                                                  plus a Business Risk Buffer of 25%.12                                      proposed to be amended.                                                 (C) Clearing Agency’s Statement on
                                                                                                                                                                                                     Comments on the Proposed Rule
                                                  2. Statutory Basis                                                         (B) Clearing Agency’s Statement on                                      Change Received From Members,
                                                                                                                             Burden on Competition                                                   Participants or Others
                                                    OCC believes that the proposed rule
                                                  change concerning a reduction to OCC’s                                       OCC does not believe that the                                           Written comments on the proposed
                                                  clearing fees is consistent with Section                                   proposed rule change would have an
                                                                                                                                                                                                     rule change were not and are not
                                                  17A(b)(3)(D) 13 of the Act, because the                                    impact or impose a burden on
                                                                                                                                                                                                     intended to be solicited with respect to
                                                  proposed fee schedule provides for the                                     competition.15 Although this proposed
                                                  equitable allocation of reasonable fees                                    rule change affects clearing members,                                   the proposed rule change and none have
                                                  among its clearing members and other                                       their customers, and the markets that                                   been received.

                                                  Petitioners responded. The Commission                                      plus a business risk buffer, (2) maintain reserves                        10 In order to validate this approach, OCC back

                                                  subsequently determined that the automatic stay of                         deemed reasonably necessary by OCC’s Board of                           tested its volume projecting methodology against
                                                  delegated action should be discontinued, and the                           Directors, and (3) accumulate an additional surplus                     data from the previous five years and determined
                                                  Commission granted OCC’s Motion to Lift Stay of                            deemed advisable by the Board of Directors to                           that such methodology yields reasonable estimate of
                                                  the staff’s action in approving by delegated                               permit OCC to meet its obligations to its clearing                      future contract volume.
                                                  authority File No. SR–OCC–2015–02.                                         members and the public. Clauses 2 and 3 above will                        11 These changes are also reflected in Exhibit 5.
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                                                    6 See supra note 5.                                                      only be invoked at the discretion of OCC’s Board                        Market maker/specialist scratch and linkage fees
                                                    7 The Business Risk Buffer is equal to net income                        of Directors and in extraordinary circumstances.                        per side will remain unchanged at $0.020.
                                                  before refunds, dividends, and taxes divided by                               9 OCC previously revised its Schedule of Fees
                                                                                                                                                                                                       12 Any subsequent changes to OCC’s Schedule of
                                                  total revenue.                                                             effective April 1, 2014, to reinstate permanent
                                                                                                                                                                                                     Fees would be the subject of a subsequent proposed
                                                    8 OCC’s Schedule of Fees must also meet the                              reduced fee rates for securities options and
                                                                                                                                                                                                     rule change filed with the Commission.
                                                  requirements set forth in Article IX, Section 9 of                         securities futures that were originally adopted
                                                                                                                                                                                                       13 17 U.S.C. 78q–1(b)(3)(D).
                                                  OCC’s By-Laws. In general, Article IX, Section 9 of                        effective May 1, 2007. See Securities Exchange Act
                                                                                                                                                                                                       14 See supra note 5.
                                                  OCC’s By-Laws requires that OCC’s fee structure be                         Release No. 71769 (March 21, 2014), 79 FR 17214
                                                  designed to: (1) Cover OCC’s operating expenses                            (March 27, 2014) (SR–OCC–2014–05).                                        15 15 U.S.C. 78q–1(b)(3)(I).




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                                                                               Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices                                                   6919

                                                  III. Date of Effectiveness of the                       public in accordance with the                          SUPPLEMENTARY INFORMATION:     The notice
                                                  Proposed Rule Change and Timing for                     provisions of 5 U.S.C. 552, will be                    of the President’s major disaster
                                                  Commission Action                                       available for Web site viewing and                     declaration for Private Non-Profit
                                                     The foregoing rule change has become                 printing in the Commission’s Public                    organizations in the State of Mississippi,
                                                  effective upon filing 16 pursuant to                    Reference Room, 100 F Street NE.,                      dated 01/04/2016, is hereby amended to
                                                  Section 19(b)(3)(A)(ii) of the Act 17 and               Washington, DC 20549, on official                      include the following areas as adversely
                                                  Rule 19b–4(f)(2) thereunder 18 because it               business days between the hours of                     affected by the disaster.
                                                  constitutes a change in fees imposed by                 10:00 a.m. and 3:00 p.m. Copies of such                Primary Counties: Clay, Itawamba,
                                                  OCC on its clearing members and other                   filing also will be available for                         Monroe, Prentiss, Tallahatchie.
                                                  market participants using OCC’s                         inspection and copying at the principal                   All other information in the original
                                                  services. At any time within 60 days of                 office of OCC and on OCC’s Web site at                 declaration remains unchanged.
                                                  the filing of the proposed rule change,                 http://www.theocc.com/components/
                                                                                                          docs/legal/rules_and_bylaws/sr_occ_16_                 (Catalog of Federal Domestic Assistance
                                                  the Commission summarily may                                                                                   Numbers 59002 and 59008)
                                                  temporarily suspend such rule change if                 001.pdf. All comments received will be
                                                  it appears to the Commission that such                  posted without change; the Commission
                                                                                                                                                                 James E. Rivera,
                                                  action is necessary or appropriate in the               does not edit personal identifying
                                                                                                          information from submissions. You                      Associate Administrator for Disaster
                                                  public interest, for the protection of                                                                         Assistance.
                                                  investors, or otherwise in furtherance of               should submit only information that
                                                                                                                                                                 [FR Doc. 2016–02483 Filed 2–8–16; 8:45 am]
                                                  the purposes of the Act.                                you wish to make available publicly. All
                                                                                                          submissions should refer to File                       BILLING CODE 8025–01–P
                                                  IV. Solicitation of Comments                            Number SR–OCC–2016–001 and should
                                                    Interested persons are invited to                     be submitted on or before March 1,
                                                  submit written data, views, and                                                                                SMALL BUSINESS ADMINISTRATION
                                                                                                          2016.
                                                  arguments concerning the foregoing,                       For the Commission, by the Division of               [Disaster Declaration #14609]
                                                  including whether the proposed rule                     Trading and Markets, pursuant to delegated
                                                  change is consistent with the Act.                      authority.19                                           California Disaster #CA–00243
                                                  Comments may be submitted by any of                     Robert W. Errett,                                      Declaration of Economic Injury
                                                  the following methods:                                  Deputy Secretary.                                      AGENCY: U.S. Small Business
                                                  Electronic Comments                                     [FR Doc. 2016–02443 Filed 2–8–16; 8:45 am]             Administration.
                                                    • Use the Commission’s Internet                       BILLING CODE 8011–01–P                                 ACTION: Notice.
                                                  comment form (http://www.sec.gov/
                                                  rules/sro.shtml); or                                                                                           SUMMARY:   This is a notice of an
                                                    • Send an email to rule-comments@                     SMALL BUSINESS ADMINISTRATION                          Economic Injury Disaster Loan (EIDL)
                                                  sec.gov. Please include File Number SR–                                                                        declaration for the State of California,
                                                                                                          [Disaster Declaration #14589 and #14590]               dated 02/02/2016.
                                                  OCC–2016–001 on the subject line.
                                                                                                          Mississippi Disaster Number MS–                          Incident: Ocean Conditions Resulting
                                                  Paper Comments                                                                                                 in the Delayed Commercial Dungeness
                                                                                                          00083
                                                    • Send paper comments in triplicate                                                                          Crab Season and Closure of Commercial
                                                  to Brent J. Fields, Secretary, Securities               AGENCY: U.S. Small Business                            Rock Crab Fishery.
                                                  and Exchange Commission, 100 F Street                   Administration.                                          Incident Period: 11/06/2015 and
                                                  NE., Washington, DC 20549–1090.                         ACTION: Amendment 2.                                   continuing.
                                                  All submissions should refer to File                                                                             Effective Date: 02/02/2016.
                                                  Number SR–OCC–2016–001. This file                       SUMMARY:   This is an amendment of the                   EIDL Loan Application Deadline Date:
                                                  number should be included on the                        Presidential declaration of a major                    11/02/2016.
                                                  subject line if email is used. To help the              disaster for Public Assistance Only for                ADDRESSES: Submit completed loan
                                                  Commission process and review your                      the State of Mississippi (FEMA–4248–                   applications to: U.S. Small Business
                                                  comments more efficiently, please use                   DR), dated 01/04/2016.                                 Administration, Processing and
                                                  only one method. The Commission will                      Incident: Severe Storms, Tornadoes,                  Disbursement Center, 14925 Kingsport
                                                  post all comments on the Commission’s                   Straight-line Winds, and Flooding.                     Road, Fort Worth, TX 76155.
                                                  Internet Web site (http://www.sec.gov/                    Incident Period: 12/23/2015 through
                                                                                                          12/28/2015.                                            FOR FURTHER INFORMATION CONTACT: A.
                                                  rules/sro.shtml). Copies of the                                                                                Escobar, Office of Disaster Assistance,
                                                  submission, all subsequent                                Effective Date: 01/22/2016.
                                                                                                            Physical Loan Application Deadline                   U.S. Small Business Administration,
                                                  amendments, all written statements                                                                             409 3rd Street SW., Suite 6050,
                                                  with respect to the proposed rule                       Date: 03/04/2016.
                                                                                                            Economic Injury (EIDL) Loan                          Washington, DC 20416.
                                                  change that are filed with the
                                                                                                          Application Deadline Date: 10/04/2016.                 SUPPLEMENTARY INFORMATION: Notice is
                                                  Commission, and all written
                                                  communications relating to the                          ADDRESSES: Submit completed loan                       hereby given that as a result of the
                                                  proposed rule change between the                        applications to: U.S. Small Business                   Administrator’s EIDL declaration,
                                                  Commission and any person, other than                   Administration, Processing and                         applications for economic injury
                                                  those that may be withheld from the                     Disbursement Center, 14925 Kingsport                   disaster loans may be filed at the
                                                                                                          Road, Fort Worth, TX 76155.                            address listed above or other locally
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                                                    16 Notwithstanding the immediate effectiveness of     FOR FURTHER INFORMATION CONTACT: A.                    announced locations.
                                                  the proposed rule change and OCC’s anticipated          Escobar, Office of Disaster Assistance,                  The following areas have been
                                                  implementation date of March 1, 2016,                   U.S. Small Business Administration,                    determined to be adversely affected by
                                                  implementation of this rule change is also                                                                     the disaster:
                                                  contingent on it being deemed certified under CFTC      409 3rd Street SW., Suite 6050,
                                                  Regulation § 40.6.                                      Washington, DC 20416.                                  Primary Counties: Alameda, Butte,
                                                    17 15 U.S.C. 78s(b)(3)(A)(ii).                                                                                 Contra Costa, Del Norte, El Dorado,
                                                    18 17 CFR 240.19b–4(f)(2).                              19 17   CFR 200.30–3(a)(12).                           Humboldt, Lake, Marin, Mendocino,


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Document Created: 2018-02-02 14:29:58
Document Modified: 2018-02-02 14:29:58
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 6917 

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