81_FR_70080 81 FR 69885 - 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 69885 - 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 195 (October 7, 2016)

Page Range69885-69887
FR Document2016-24282

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69885-69887]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24282]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79028; File No. SR-OCC-2016-012]


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

October 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 September 30, 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 proposal pursuant to 
Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder 
\4\ so that the proposal was effective upon filing with the Commission. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \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 proposed rule change by OCC would revise OCC's Schedule of Fees 
effective December 1, 2016, to implement an increase in clearing fees 
in accordance with OCC's Fee Policy.\5\

[[Page 69886]]

The proposed changes to the Schedule of Fees can be found in Exhibit 5 
to the proposed rule change. All capitalized terms not defined herein 
have the same meaning as set forth in the OCC By-Laws and Rules.\6\
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    \5\ OCC's Fee Policy was adopted as part of 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. On February 11, 2016, 
the Commission issued an order setting aside the approval order 
issued under delegated authority and approved the proposed rule 
change to implement the Capital Plan. See Securities Exchange Act 
Release No. 77112 (February 11, 2016) 81 FR 8294 (February 18, 2016) 
(SR-OCC-2015-02).
    \6\ OCC's By-Laws and Rules can be found on OCC's public Web 
site: http://optionsclearing.com/about/publications/bylaws.jsp.
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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 in accordance with its Fee Policy to set OCC's fees at 
a level designed to cover OCC's operating expenses and maintain a 
Business Risk Buffer of 25%.\7\ The revised fee schedule would become 
effective on December 1, 2016.
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    \7\ The Business Risk Buffer is equal to net income before 
refunds, dividends, and taxes divided by total revenue.
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    By way of background, OCC implemented its Capital Plan in 2015,\8\ 
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 of 25%.\9\ 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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    \8\ See supra note 5.
    \9\ 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 recently reviewed its current Schedule of Fees \10\ against 
actual and projected revenues and expenses for 2016 in accordance with 
its Fee Policy to determine whether the Schedule of Fees was sufficient 
to cover OCC's anticipated operating expenses and achieve a Business 
Risk Buffer of 25%. In reviewing the Schedule of Fees, OCC analyzed: 
(i) Clearing fee revenues charged on a year-to-date basis, (ii) 
projected volume for the remainder of the year, (iii) the anticipated 
``mix'' of volume among the various fee levels set forth in the 
Schedule of Fees, (iv) operating expenses incurred to date, and (v) 
operating expenses projected for the remainder of the year. Based on 
the foregoing analysis, OCC determined that the current fee schedule is 
set at a level that would be insufficient to ensure that OCC achieves 
its Business Risk Buffer of 25% as required under the Fee Policy. OCC 
arrived at the proposed fee schedule presented herein by determining 
the figures that provide the best opportunity for OCC to achieve 
coverage of its anticipated operating expenses plus a Business Risk 
Buffer of 25%.
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    \10\ OCC previously revised its Schedule of Fees effective March 
1, 2016, to implement a reduction of clearing fees in accordance 
with the Fee Policy. See Securities Exchange Act Release No. 77041 
(February 3, 2016), 81 FR 6917 (February 9, 2016), (SR-OCC-2016-
001). OCC subsequently amended its Schedule of Fees to simplify its 
fee structure through: (i) The adoption of a flat clearing fee per 
contract with a fixed dollar cap and (ii) the elimination of the 
``scratch'' fee. The revised fee structure, which became effective 
May 2, 2016, was designed to be revenue neutral when compared to the 
previous fee structure. See Securities Exchange Act Release No. 
77336 (March 10, 2016), 81 FR 14153 (March 16, 2016), (SR-OCC-2016-
005).
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    As a result of the aforementioned analysis, OCC proposes to revise 
its Schedule of Fees as set forth below.\11\
---------------------------------------------------------------------------

    \11\ These changes are also reflected in Exhibit 5.

----------------------------------------------------------------------------------------------------------------
                     Current fee schedule                                     Proposed fee schedule
----------------------------------------------------------------------------------------------------------------
                                                                 Trades with contracts
      Trades with contracts of:              Proposed fee                 of:                  Proposed fee
----------------------------------------------------------------------------------------------------------------
1-1370...............................  $0.041.................  1-1100.................  $0.050/contract.
>1370................................  $55/trade..............  >1100..................  $55/trade.
----------------------------------------------------------------------------------------------------------------

    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
    Section 17A(b)(3)(D) of the Securities Exchange Act of 1934, as 
amended (``Act''), requires that the rules of a clearing agency provide 
for the equitable allocation of reasonable dues, fees, and other 
charges among its participants.\13\ The proposed fee schedule was set 
in accordance with the criteria set forth in OCC's Capital Plan, which 
was approved by the Commission \14\ and requires that OCC's fees be set 
at a level designed to cover OCC's operating expenses and maintain a 
Business Risk Buffer of 25%. OCC believes the proposed fee change is 
reasonable because the fee increase would be set at a level intended 
only to facilitate the maintenance of OCC's Business Risk Buffer of 
25%, which is designed to ensure that OCC accumulates sufficient 
capital to cover unexpected fluctuations in operating expenses, 
business capital needs, and regulatory capital requirements. Moreover, 
OCC believes that the proposed fee change would result in an equitable 
allocation of fees among its participants because it would be equally 
applicable to all market participants. As

[[Page 69887]]

a result, OCC believes that the proposed fee schedule provides for the 
equitable allocation of reasonable fees in accordance with Section 
17A(b)(3)(D) of the Act.\15\ The proposed rule change is not 
inconsistent with the existing rules of OCC, including any other rules 
proposed to be amended.
---------------------------------------------------------------------------

    \13\ 17 U.S.C. 78q-1(b)(3)(D).
    \14\ See supra note 5.
    \15\ 17 U.S.C. 78q-1(b)(3)(D).
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(B) Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act \16\ requires that the rules of a 
clearing agency not impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act. OCC does not 
believe that the proposed rule change would have any impact or impose a 
burden on competition. 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78q-1(b)(3)(I).
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants, or Others

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

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

    Pursuant to Section 19(b)(3)(A)(ii) \17\ of the Act, and Rule 19b-
4(f)(2) thereunder,\18\ the proposed rule change is filed for immediate 
effectiveness as it constitutes a change in fees charged to OCC 
clearing members. 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.\19\
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    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \18\ 17 CFR 240.19b-4(f)(2).
    \19\ Notwithstanding its immediate effectiveness, implementation 
of this rule change will be delayed until this change is deemed 
certified under CFTC Regulation Sec.  40.6.
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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 rule-comments@sec.gov. Please include 
File Number SR-OCC-2016-012 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2016-012. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of OCC and on OCC's 
Web site (http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_16_012.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-2016-012 and should be submitted on or before October 28, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-24282 Filed 10-6-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices                                                       69885

                                                  liquidity at a rate lower than the bank                 Act, applicants note that any collateral                  For the Commission, by the Division of
                                                  borrowing rate at times when the cash                   pledged to secure an interfund loan                     Investment Management, under delegated
                                                  position of the Fund is insufficient to                 would be subject to the same conditions                 authority.
                                                  meet temporary cash requirements. In                    imposed by any other lender to a Fund                   Robert W. Errett,
                                                  addition, Funds making short-term cash                  that imposes conditions on the quality                  Deputy Secretary.
                                                  loans directly to other Funds would                     of or access to collateral for a borrowing              [FR Doc. 2016–24285 Filed 10–6–16; 8:45 am]
                                                  earn interest at a rate higher than they                (if the lender is another Fund) or the                  BILLING CODE 8011–01–P
                                                  otherwise could obtain from investing                   same or better conditions (in any other
                                                  their cash in repurchase agreements or                  circumstance).5
                                                  certain other short term money market                      5. Applicants also believe that the                  SECURITIES AND EXCHANGE
                                                  instruments. Thus, applicants assert that               limited relief from section 18(f)(1) of the             COMMISSION
                                                  the facility would benefit both                         Act that is necessary to implement the                  [Release No. 34–79028; File No. SR–OCC–
                                                  borrowing and lending Funds.                            facility (because the lending Funds are                 2016–012]
                                                     3. Applicants agree that any order                   not banks) is appropriate in light of the
                                                  granting the requested relief will be                   conditions and safeguards described in                  Self-Regulatory Organizations; The
                                                  subject to the terms and conditions                     the application and because the Funds                   Options Clearing Corporation; Notice
                                                  stated in the Application. Among                        would remain subject to the                             of Filing and Immediate Effectiveness
                                                  others, the Adviser, through a                          requirement of section 18(f)(1) that all                of Proposed Rule Change To Revise
                                                  designated committee, would                             borrowings of a Fund, including                         The Options Clearing Corporation’s
                                                  administer the facility as a disinterested              combined interfund loans and bank                       Schedule of Fees
                                                  fiduciary as part of its duties under the               borrowings, have at least 300% asset
                                                  investment management and                                                                                       October 3, 2016.
                                                                                                          coverage.
                                                  administrative agreements with the                         6. Section 6(c) of the Act permits the                  Pursuant to Section 19(b)(1) of the
                                                  Funds and would receive no additional                   Commission to exempt any persons or                     Securities Exchange Act of 1934
                                                  fee as compensation for its services in                 transactions from any provision of the                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                  connection with the administration of                   Act if such exemption is necessary or                   notice is hereby given that on
                                                  the facility. The facility would be                     appropriate in the public interest and                  September 30, 2016, The Options
                                                  subject to oversight and certain                        consistent with the protection of                       Clearing Corporation (‘‘OCC’’) filed with
                                                  approvals by the Funds’ Board,                                                                                  the Securities and Exchange
                                                                                                          investors and the purposes fairly
                                                  including, among others, approval of the                                                                        Commission (‘‘Commission’’) the
                                                                                                          intended by the policy and provisions of
                                                  interest rate formula and of the method                                                                         proposed rule change as described in
                                                                                                          the Act. Section 12(d)(1)(J) of the Act
                                                  for allocating loans across Funds, as                                                                           Items I, II and III below, which Items
                                                                                                          provides that the Commission may
                                                  well as review of the process in place to                                                                       have been prepared by OCC. OCC filed
                                                                                                          exempt any person, security, or
                                                  evaluate the liquidity implications for                                                                         the proposal pursuant to Section
                                                                                                          transaction, or any class or classes of
                                                  the Funds. A Fund’s aggregate                                                                                   19(b)(3)(A)(ii) of the Act 3 and Rule 19b–
                                                                                                          persons, securities, or transactions, from
                                                  outstanding interfund loans will not                                                                            4(f)(2) thereunder 4 so that the proposal
                                                                                                          any provision of section 12(d)(1) if the
                                                  exceed 15% of its net assets, and the                                                                           was effective upon filing with the
                                                                                                          exemption is consistent with the public
                                                  Fund’s loan to any one Fund will not                                                                            Commission. The Commission is
                                                                                                          interest and the protection of investors.
                                                  exceed 5% of the lending Fund’s net                                                                             publishing this notice to solicit
                                                                                                          Section 17(b) of the Act authorizes the
                                                  assets.3                                                                                                        comments on the proposed rule change
                                                                                                          Commission to grant an order
                                                     4. Applicants assert that the facility                                                                       from interested persons.
                                                                                                          permitting a transaction otherwise
                                                  does not raise the concerns underlying                  prohibited by section 17(a) if it finds                 I. Clearing Agency’s Statement of the
                                                  section 12(d)(1) of the Act given that the              that (a) the terms of the proposed                      Terms of Substance of the Proposed
                                                  Funds are part of the same group of                     transaction are fair and reasonable and                 Rule Change
                                                  investment companies and there will be                  do not involve overreaching on the part
                                                  no duplicative costs or fees to the                                                                                The proposed rule change by OCC
                                                                                                          of any person concerned; (b) the                        would revise OCC’s Schedule of Fees
                                                  Funds.4 Applicants also assert that the                 proposed transaction is consistent with
                                                  proposed transactions do not raise the                                                                          effective December 1, 2016, to
                                                                                                          the policies of each registered                         implement an increase in clearing fees
                                                  concerns underlying sections 17(a)(1),
                                                                                                          investment company involved; and (c)                    in accordance with OCC’s Fee Policy.5
                                                  17(a)(3), 17(d) and 21(b) of the Act as
                                                                                                          the proposed transaction is consistent
                                                  the Funds would not engage in lending
                                                                                                          with the general purposes of the Act.                     1 15  U.S.C. 78s(b)(1).
                                                  transactions that unfairly benefit
                                                                                                          Rule 17d–1(b) under the Act provides                      2 17  CFR 240.19b–4.
                                                  insiders or are detrimental to the Funds.
                                                                                                          that in passing upon an application filed                  3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                  Applicants state that the facility will                                                                            4 17 CFR 240.19b–4(f)(2).
                                                                                                          under the rule, the Commission will
                                                  offer both reduced borrowing costs and                                                                             5 OCC’s Fee Policy was adopted as part of OCC’s
                                                                                                          consider whether the participation of
                                                  enhanced returns on loaned funds to all                                                                         plan for raising additional capital (‘‘Capital Plan’’),
                                                                                                          the registered investment company in a                  which was put in place in light of proposed
                                                  participating Funds and each Fund
                                                                                                          joint enterprise, joint arrangement or                  regulatory capital requirements applicable to
                                                  would have an equal opportunity to
                                                                                                          profit sharing plan on the basis                        systemically important financial market utilities,
                                                  borrow and lend on equal terms based                                                                            such as OCC. See Securities Exchange Act Release
                                                                                                          proposed is consistent with the
                                                  on an interest rate formula that is                                                                             No. 74452 (March 6, 2015) 80 FR 13058 (March 12,
                                                                                                          provisions, policies and purposes of the                2015) (SR–OCC–2015–02). OCC also filed proposals
                                                  objective and verifiable. With respect to
                                                                                                          Act and the extent to which such                        in the Capital Plan Filing as an advance notice
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the relief from section 17(a)(2) of the
                                                                                                          participation is on a basis different from              under Section 806(e)(1) of the Payment, Clearing,
                                                                                                          or less advantageous than that of the                   and Settlement Supervision Act of 2010. 12 U.S.C.
                                                    3 Under certain circumstances, a borrowing Fund
                                                                                                                                                                  5465(e)(1). On February 26, 2015, the Commission
                                                  will be required to pledge collateral to secure the     other participants.                                     issued a notice of no objection to the advance notice
                                                  loan.                                                                                                           filing. See Exchange Act Release No. 74387
                                                    4 Applicants state that the obligation to repay an      5 Applicants state that any pledge of securities to   (February 26, 2015), 80 FR 12215 (March 6, 2015)
                                                  interfund loan could be deemed to constitute a          secure an interfund loan could constitute a             (SR–OCC–2014–813). BATS Global Markets, Inc.,
                                                  security for the purposes of sections 17(a)(1) and      purchase of securities for purposes of section          BOX Options Exchange LLC, KCG Holdings, Inc.,
                                                  12(d)(1) of the Act.                                    17(a)(2) of the Act.                                                                                 Continued




                                             VerDate Sep<11>2014   17:36 Oct 06, 2016   Jkt 241001   PO 00000   Frm 00108   Fmt 4703   Sfmt 4703   E:\FR\FM\07OCN1.SGM     07OCN1


                                                  69886                                  Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

                                                  The proposed changes to the Schedule                                   Fees in accordance with its Fee Policy                                 Fees was sufficient to cover OCC’s
                                                  of Fees can be found in Exhibit 5 to the                               to set OCC’s fees at a level designed to                               anticipated operating expenses and
                                                  proposed rule change. All capitalized                                  cover OCC’s operating expenses and                                     achieve a Business Risk Buffer of 25%.
                                                  terms not defined herein have the same                                 maintain a Business Risk Buffer of                                     In reviewing the Schedule of Fees, OCC
                                                  meaning as set forth in the OCC By-                                    25%.7 The revised fee schedule would                                   analyzed: (i) Clearing fee revenues
                                                  Laws and Rules.6                                                       become effective on December 1, 2016.                                  charged on a year-to-date basis, (ii)
                                                                                                                            By way of background, OCC                                           projected volume for the remainder of
                                                  II. Clearing Agency’s Statement of the
                                                                                                                         implemented its Capital Plan in 2015,8                                 the year, (iii) the anticipated ‘‘mix’’ of
                                                  Purpose of, and Statutory Basis for, the
                                                                                                                         which was put in place in light of                                     volume among the various fee levels set
                                                  Proposed Rule Change
                                                                                                                         proposed regulatory capital                                            forth in the Schedule of Fees, (iv)
                                                     In its filing with the Commission,                                  requirements applicable to systemically                                operating expenses incurred to date, and
                                                  OCC included statements concerning                                     important financial market utilities,                                  (v) operating expenses projected for the
                                                  the purpose of and basis for the                                       such as OCC. As part of OCC’s Capital                                  remainder of the year. Based on the
                                                  proposed rule change and discussed any                                 Plan, OCC adopted a Fee Policy                                         foregoing analysis, OCC determined that
                                                  comments it received on the proposed                                   whereby OCC would set clearing fees at                                 the current fee schedule is set at a level
                                                  rule change. The text of these statements                              a level that covers OCC’s operating                                    that would be insufficient to ensure that
                                                  may be examined at the places specified                                expenses plus a Business Risk Buffer of                                OCC achieves its Business Risk Buffer of
                                                  in Item IV below. OCC has prepared                                     25%.9 The purpose of the Business Risk                                 25% as required under the Fee Policy.
                                                  summaries, set forth in sections (A), (B),                             Buffer is to ensure that OCC                                           OCC arrived at the proposed fee
                                                  and (C) below, of the most significant                                 accumulates sufficient capital to cover                                schedule presented herein by
                                                  aspects of these statements.                                           unexpected fluctuations in operating                                   determining the figures that provide the
                                                  (A) Clearing Agency’s Statement of the                                 expenses, business capital needs, and                                  best opportunity for OCC to achieve
                                                  Purpose of, and Statutory Basis for, the                               regulatory capital requirements.                                       coverage of its anticipated operating
                                                  Proposed Rule Change                                                      OCC recently reviewed its current                                   expenses plus a Business Risk Buffer of
                                                                                                                         Schedule of Fees 10 against actual and                                 25%.
                                                  (1) Purpose                                                            projected revenues and expenses for                                      As a result of the aforementioned
                                                    The purpose of this proposed rule                                    2016 in accordance with its Fee Policy                                 analysis, OCC proposes to revise its
                                                  change is to revise OCC’s Schedule of                                  to determine whether the Schedule of                                   Schedule of Fees as set forth below.11

                                                                                      Current fee schedule                                                                                     Proposed fee schedule

                                                         Trades with contracts of:                                     Proposed fee                                 Trades with contracts of:                               Proposed fee

                                                  1–1370 ...........................................    $0.041 ...........................................   1–1100 ..........................................    $0.050/contract.
                                                  >1370 .............................................   $55/trade .......................................    >1100 ............................................   $55/trade.



                                                    In accordance with its Fee Policy,                                   clearing agency provide for the                                        would be set at a level intended only to
                                                  OCC will continue to monitor cleared                                   equitable allocation of reasonable dues,                               facilitate the maintenance of OCC’s
                                                  contract volume and operating expenses                                 fees, and other charges among its                                      Business Risk Buffer of 25%, which is
                                                  in order to determine if further revisions                             participants.13 The proposed fee                                       designed to ensure that OCC
                                                  to OCC’s Schedule of Fees are required                                 schedule was set in accordance with the                                accumulates sufficient capital to cover
                                                  so that monies received from clearing                                  criteria set forth in OCC’s Capital Plan,                              unexpected fluctuations in operating
                                                  fees cover OCC’s operating expenses                                    which was approved by the                                              expenses, business capital needs, and
                                                  plus a Business Risk Buffer of 25%.12                                  Commission 14 and requires that OCC’s                                  regulatory capital requirements.
                                                  (2) Statutory Basis                                                    fees be set at a level designed to cover                               Moreover, OCC believes that the
                                                                                                                         OCC’s operating expenses and maintain                                  proposed fee change would result in an
                                                     Section 17A(b)(3)(D) of the Securities                              a Business Risk Buffer of 25%. OCC                                     equitable allocation of fees among its
                                                  Exchange Act of 1934, as amended                                       believes the proposed fee change is                                    participants because it would be equally
                                                  (‘‘Act’’), requires that the rules of a                                reasonable because the fee increase                                    applicable to all market participants. As

                                                  Miami International Securities Exchange, LLC, and                        6 OCC’s By-Laws and Rules can be found on                               10 OCC previously revised its Schedule of Fees

                                                  Susquehanna International Group, LLP (collectively                     OCC’s public Web site: http://optionsclearing.com/                     effective March 1, 2016, to implement a reduction
                                                  ‘‘Petitioners’’) each filed petitions for review of the                about/publications/bylaws.jsp.                                         of clearing fees in accordance with the Fee Policy.
                                                  Approval Order, challenging the action taken by                          7 The Business Risk Buffer is equal to net income                    See Securities Exchange Act Release No. 77041
                                                  delegated authority. The filing of the petitions                       before refunds, dividends, and taxes divided by                        (February 3, 2016), 81 FR 6917 (February 9, 2016),
                                                  automatically stayed the Approval Order. OCC filed                     total revenue.                                                         (SR–OCC–2016–001). OCC subsequently amended
                                                                                                                                                                                                its Schedule of Fees to simplify its fee structure
                                                  a Motion to Lift the Stay on April 2, 2015, and the                      8 See supra note 5.
                                                                                                                                                                                                through: (i) The adoption of a flat clearing fee per
                                                  Petitioners responded. The Commission                                    9 OCC’s Schedule of Fees must also meet the
                                                                                                                                                                                                contract with a fixed dollar cap and (ii) the
                                                  subsequently determined that the automatic stay of                     requirements set forth in Article IX, Section 9 of                     elimination of the ‘‘scratch’’ fee. The revised fee
                                                  delegated action should be discontinued, and the                       OCC’s By-Laws. In general, Article IX, Section 9 of                    structure, which became effective May 2, 2016, was
                                                  Commission granted OCC’s Motion to Lift Stay of                        OCC’s By-Laws requires that OCC’s fee structure be                     designed to be revenue neutral when compared to
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                                                  the staff’s action in approving by delegated                           designed to: (1) Cover OCC’s operating expenses                        the previous fee structure. See Securities Exchange
                                                  authority File No. SR–OCC–2015–02. On February                         plus a business risk buffer; (2) maintain reserves                     Act Release No. 77336 (March 10, 2016), 81 FR
                                                  11, 2016, the Commission issued an order setting                       deemed reasonably necessary by OCC’s Board of                          14153 (March 16, 2016), (SR–OCC–2016–005).
                                                  aside the approval order issued under delegated                                                                                                  11 These changes are also reflected in Exhibit 5.
                                                                                                                         Directors; and (3) accumulate an additional surplus
                                                  authority and approved the proposed rule change                        deemed advisable by the Board of Directors to                             12 Any subsequent changes to OCC’s Schedule of

                                                  to implement the Capital Plan. See Securities                          permit OCC to meet its obligations to its clearing                     Fees would be the subject of a subsequent proposed
                                                  Exchange Act Release No. 77112 (February 11,                           members and the public. Clauses 2 and 3 above will                     rule change filed with the Commission.
                                                  2016) 81 FR 8294 (February 18, 2016) (SR–OCC–                                                                                                    13 17 U.S.C. 78q–1(b)(3)(D).
                                                                                                                         only be invoked at the discretion of OCC’s Board
                                                  2015–02).                                                              of Directors and in extraordinary circumstances.                          14 See supra note 5.




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                                                                                 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices                                                69887

                                                  a result, OCC believes that the proposed                IV. Solicitation of Comments                            For the Commission, by the Division of
                                                  fee schedule provides for the equitable                                                                       Trading and Markets, pursuant to delegated
                                                  allocation of reasonable fees in                          Interested persons are invited to                   authority.20
                                                  accordance with Section 17A(b)(3)(D) of                 submit written data, views and                        Robert W. Errett,
                                                  the Act.15 The proposed rule change is                  arguments concerning the foregoing,                   Deputy Secretary.
                                                  not inconsistent with the existing rules                including whether the proposed rule                   [FR Doc. 2016–24282 Filed 10–6–16; 8:45 am]
                                                  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
                                                                                                                                                                SECURITIES AND EXCHANGE
                                                  Burden on Competition                                   Electronic Comments
                                                                                                                                                                COMMISSION
                                                    Section 17A(b)(3)(I) of the Act 16                      • Use the Commission’s Internet
                                                  requires that the rules of a clearing                                                                         [Investment Company Act Release No.
                                                                                                          comment form (http://www.sec.gov/                     32300; File No. 812–14583]
                                                  agency not impose any burden on
                                                                                                          rules/sro.shtml); or
                                                  competition not necessary or                                                                                  Legg Mason Global Asset Management
                                                  appropriate in furtherance of the                         • Send an email to rule-
                                                                                                          comments@sec.gov. Please include File                 Trust, et al.; Notice of Application
                                                  purposes of the Act. OCC does not
                                                  believe that the proposed rule change                   Number SR–OCC–2016–012 on the                         October 3, 2016.
                                                  would have any impact or impose a                       subject line.                                         AGENCY:    Securities and Exchange
                                                  burden on competition. Although this                                                                          Commission (‘‘Commission’’).
                                                                                                          Paper Comments
                                                  proposed rule change affects clearing                                                                         ACTION: Notice of an application for an
                                                  members, their customers, and the                         • Send paper comments in triplicate                 order pursuant to: (a) Section 6(c) of the
                                                  markets that OCC serves, OCC believes                   to Secretary, Securities and Exchange                 Investment Company Act of 1940
                                                  that the proposed rule change would not                 Commission, 100 F Street NE.,                         (‘‘Act’’) granting an exemption from
                                                  disadvantage or favor any particular                    Washington, DC 20549–1090.                            sections 18(f) and 21(b) of the Act; (b)
                                                  user of OCC’s services in relationship to                                                                     section 12(d)(1)(J) of the Act granting an
                                                  another user because the proposed                       All submissions should refer to File
                                                                                                                                                                exemption from section 12(d)(1) of the
                                                  clearing fees apply equally to all users                Number SR–OCC–2016–012. This file
                                                                                                                                                                Act; (c) sections 6(c) and 17(b) of the
                                                  of OCC. Accordingly, OCC does not                       number should be included on the
                                                                                                                                                                Act granting an exemption from sections
                                                  believe that the proposed rule change                   subject line if email is used. To help the
                                                                                                                                                                17(a)(1), 17(a)(2) and 17(a)(3) of the Act;
                                                  would have any impact or impose a                       Commission process and review your                    and (d) section 17(d) of the Act and rule
                                                  burden on competition.                                  comments more efficiently, please use                 17d–1 under the Act to permit certain
                                                                                                          only one method. The Commission will                  joint arrangements and transactions.
                                                  (C) Clearing Agency’s Statement on                      post all comments on the Commission’s
                                                  Comments on the Proposed Rule                                                                                 Applicants request an order that would
                                                                                                          Internet Web site (http://www.sec.gov/                permit certain registered open-end
                                                  Change Received From Members,
                                                                                                          rules/sro.shtml). Copies of the                       management investment companies to
                                                  Participants, or Others
                                                                                                          submission, all subsequent                            participate in a joint lending and
                                                    Written comments on the proposed                      amendments, all written statements                    borrowing facility.
                                                  rule change were not and are not                        with respect to the proposed rule
                                                  intended to be solicited with respect to                change that are filed with the                        APPLICANTS:   Legg Mason Global Asset
                                                  the proposed rule change and none have                  Commission, and all written                           Management Trust, Legg Mason Global
                                                  been received.                                          communications relating to the                        Asset Management Variable Trust, Legg
                                                  III. Date of Effectiveness of the                       proposed rule change between the                      Mason Partners Income Trust, Legg
                                                  Proposed Rule Change and Timing for                     Commission and any person, other than                 Mason Partners Institutional Trust, Legg
                                                  Commission Action                                       those that may be withheld from the                   Mason Partners Money Market Trust,
                                                                                                          public in accordance with the                         Legg Mason Partners Premium Money
                                                     Pursuant to Section 19(b)(3)(A)(ii) 17
                                                                                                          provisions of 5 U.S.C. 552, will be                   Market Trust, Legg Mason Partners
                                                  of the Act, and Rule 19b–4(f)(2)
                                                                                                          available for Web site viewing and                    Variable Income Trust, Master Portfolio
                                                  thereunder,18 the proposed rule change
                                                  is filed for immediate effectiveness as it              printing in the Commission’s Public                   Trust, and Western Asset Funds, Inc.,
                                                  constitutes a change in fees charged to                 Reference Room, 100 F Street NE.,                     registered under the Act as open-end
                                                  OCC clearing members. At any time                       Washington, DC 20549 on official                      management investment companies
                                                  within 60 days of the filing of the                     business days between the hours of                    with one or more series, and Legg
                                                  proposed rule change, the Commission                    10:00 a.m. and 3:00 p.m. Copies of the                Mason Partners Fund Advisor, LLC (the
                                                  summarily may temporarily suspend                       filing also will be available for                     ‘‘Adviser’’), registered as an investment
                                                  such rule change if it appears to the                   inspection and copying at the principal               adviser under the Investment Advisers
                                                  Commission that such action is                          office of OCC and on OCC’s Web site                   Act of 1940.
                                                  necessary or appropriate in the public                  (http://www.theocc.com/components/                    FILING DATES: The application was filed
                                                  interest, for the protection of investors,              docs/legal/rules_and_bylaws/                          on November 27, 2015, and amended on
                                                  or otherwise in furtherance of the                      sr_occ_16_012.pdf). All comments                      May 5, 2016.
                                                  purposes of the Act.19                                  received will be posted without change;               HEARING OR NOTIFICATION OF HEARING:
                                                                                                          the Commission does not edit personal                 An order granting the requested relief
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                                                    15 17 U.S.C. 78q–1(b)(3)(D).                          identifying information from                          will be issued unless the Commission
                                                    16 15 U.S.C. 78q–1(b)(3)(I).                          submissions. You should submit only                   orders a hearing. Interested persons may
                                                    17 15 U.S.C. 78s(b)(3)(A)(ii).                        information that you wish to make                     request a hearing by writing to the
                                                    18 17 CFR 240.19b–4(f)(2).
                                                                                                          available publicly. All submissions                   Commission’s Secretary and serving
                                                    19 Notwithstanding its immediate effectiveness,
                                                                                                          should refer to File Number SR–OCC–                   applicants with a copy of the request,
                                                  implementation of this rule change will be delayed
                                                  until this change is deemed certified under CFTC
                                                                                                          2016–012 and should be submitted on
                                                  Regulation § 40.6.                                      or before October 28, 2016.                             20 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-13 16:32:04
Document Modified: 2018-02-13 16:32:04
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 69885 

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