82_FR_13208 82 FR 13163 - Self-Regulatory Organizations; The Options Clearing Corporation; Order Approving Proposed Rule Change Concerning The Options Clearing Corporation's Margin Coverage During Times of Increased Volatility

82 FR 13163 - Self-Regulatory Organizations; The Options Clearing Corporation; Order Approving Proposed Rule Change Concerning The Options Clearing Corporation's Margin Coverage During Times of Increased Volatility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range13163-13166
FR Document2017-04599

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13163-13166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04599]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80147; File No. SR-OCC-2017-001]


Self-Regulatory Organizations; The Options Clearing Corporation; 
Order Approving Proposed Rule Change Concerning The Options Clearing 
Corporation's Margin Coverage During Times of Increased Volatility

March 3, 2017.
    On January 4, 2017, The Options Clearing Corporation (``OCC'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change SR-OCC-2017-001 pursuant to Section 19(b)(1) of 
the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 
thereunder.\2\ The proposed rule change was published for comment in 
the Federal Register on January 25, 2017.\3\ The

[[Page 13164]]

Commission received one comment letter on the Notice.\4\ This order 
approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 79818 (January 18, 2017) 
82 FR 8455 (January 25, 2017 (SR-OCC-2017-001) (``Notice'').
    \4\ See comment from Tressifa S. Moore (January 19, 2017). The 
comment appears to be an excerpt from the EDGAR Filer Manual, 
available at www.sec.gov/info/edgar/edmanuals.htm, and does not have 
any substantive relevance to the proposed rule change.
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I. Description of the Proposed Rule Change

A. Background

    OCC protects itself against potential losses that could result from 
the default of a clearing member by requiring margin to be posted in 
connection with each member's positions. The amount of margin 
calculated and collected from OCC's clearing members, along with 
mutualized clearing-fund resources, is intended to make available to 
OCC sufficient financial resources for the orderly transfer or 
liquidation of a defaulting clearing member's positions. OCC's 
proprietary risk management system, the System for Theoretical Analysis 
and Numerical Simulations (``STANS''), calculates each clearing 
member's margin requirement by utilizing Monte Carlo simulations to 
forecast price movements related to the positions in each clearing 
member's portfolio. The STANS margin requirement is intended to be 
sufficient to collateralize the member's losses across its portfolio 
over a two-day period, under normal market conditions.
    To determine margin requirements, STANS utilizes time-series data, 
including pricing data on assets underlying the options contracts that 
OCC clears, and performs calculations related to, among other things, 
the volatilities of these underliers. The margin amount collected from 
each clearing member also accounts for expected changes in the value of 
collateral posted in connection with that member's portfolio.
    According to OCC, one of the primary risk drivers in the STANS 
methodology relates to the volatilities of individual equity 
securities, which are derived from pricing data imported monthly into 
STANS. Between data feeds, the STANS margin methodology relies on a 
process that adjusts the individual volatility measures of equity-based 
option underliers (e.g., GE or IBM) by a multiplier derived from the 
volatility of the Standard &Poor's[supreg] 500 index (``SPX''). OCC 
refers to that multiplier as the uniform scale factor. To account for 
intra-month changes in volatility, the uniform scale factor adjusts 
individual volatilities of applicable underliers by a factor tied to 
the relationship between the short-term and long term volatility of the 
SPX. Specifically, the uniform scale factor is used as a proxy to 
``scale up'' volatilities of equity-based option underliers \5\ when 
near-term volatility estimates fall below a certain ratio relative to 
long-term average volatility, in each case based on the SPX. OCC 
asserts that, by applying a scale factor in this way, margin 
requirements better account for intra-month volatility risks for 
individual equity-based option underliers and thereby better ensure 
that clearing members maintain sufficient margin assets in connection 
with option positions based upon those underliers.
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    \5\ The uniform scale factor applies to the volatility measures 
for single-name and index underliers. It does not apply to exchange-
traded funds, futures, or volatility-based underliers. For the 
latter types of options, STANS uses a constant volatility measure 
calculated from monthly data feeds.
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B. The Proposed Rule Change

    In its filing, OCC proposed a number of enhancements to its STANS 
margin methodology that it believes would result in more accurate 
clearing member margin requirements. Specifically, OCC proposed the 
following: (1) To change the length of time-series data used to 
calculate the uniform scale factor; (2) to introduce new equity index-
based scale factors; (3) to anchor individual risk factor volatilities 
to longer-term averages; and (4) to implement daily data updates of 
risk factors in OCC's statistical models used to value U.S. Treasury 
securities for collateral and margin purposes.
    First, OCC proposed to change the time-series data period and 
thereby the data set used to calculate the uniform scale factor. One 
aspect of the uniform scale factor calculation relies on pricing 
information, or time-series data, relating to the individual components 
of the SPX index dating back to 1946, which pre-dates the 1957 
introduction of the SPX. Because the time-series data pre-dates the 
SPX's publication, OCC's current practice is to supplement the 
published SPX data with additional pricing information that relies upon 
assumptions about what theoretically could have been the index's 
composition prior to 1957. OCC proposed to discontinue that practice 
going forward, and instead rely on post-1957 information only. OCC 
stated that this change would improve the quality of data used in the 
uniform scale factor calculation.
    Second, OCC proposed to introduce four new scale factors for 
equity-based options. OCC stated that the uniform scale factor is 
derived from SPX pricing information and currently serves as OCC's sole 
volatility proxy used to scale equity-based option underliers. 
According to OCC, the new scale factors would be based upon indices 
whose volatility characteristics more closely correlate with the 
volatility characteristics of the underliers to which they will be 
applied. Accordingly, OCC believes the new scale factors would serve as 
more appropriate volatility proxies than the uniform scale factor 
currently in use. Specifically, OCC proposed to introduce new scale 
factors based upon the following indices: (1) The Russell 2000[supreg] 
Index (12/29/1978); (2) the Dow Jones Industrial Average Index (9/23/
1997); (3) the NASDAQ-100 Index (2/4/1985); and (4) the S&P 100 Index 
(1/2/1976).\6\ OCC stated that although the SPX-based uniform scale 
factor would continue to serve as the default scale factor for most 
equity-based products, the new scale factors would apply to a number of 
index options, options on exchange-traded funds, and options on 
exchange-traded notes that more closely correlate to the indices used 
in the proposed scale factor calculations.
---------------------------------------------------------------------------

    \6\ The dates in parentheticals are the dates from which OCC has 
historical data on the specified index.
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    Third, OCC proposed to anchor risk factor volatilities to longer-
term trends by applying either the uniform scale factor or the 
applicable proposed new scale factor to the greater of two volatility 
estimates: (i) An observed, historical average; or (ii) a forecasted 
volatility measure. The proposed change would modify OCC's current 
practice of applying the uniform scale factor solely to the forecasted 
volatility measure for applicable underliers. OCC stated that its 
revised methodology would better ensure that short-term or temporary 
decreases in forecasted volatility do not result in significant margin 
reductions, thereby improving risk management in those cases where 
observed, historical average volatilities exceed forecasted volatility 
measures.
    Finally, OCC proposed to implement daily updates to risk factors 
used to construct the U.S. Treasury yield curve and value U.S. Treasury 
securities for collateral and margin purposes. According to OCC, daily 
updates to the U.S. Treasury yield curve would better ensure that the 
STANS margin calculations accurately reflect the current state of the 
U.S. Treasury market, particularly during periods of heightened 
volatility, which would lead to more accurate margin calculations.

[[Page 13165]]

II. Discussion and Findings

    Section 19(b)(2)(C) \7\ of the Act directs the Commission to 
approve a proposed rule change of a self-regulatory organization if it 
finds that the rule change, as proposed, is consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to such organization.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2)(C).
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent 
with Section 17A(b)(3)(F) of the Act, which requires, among other 
things, that the rules of a clearing agency assure the safeguarding of 
securities and funds that are in the custody or control of the clearing 
agency or for which it is responsible.\8\ As described above, the 
proposed rule changes are designed to improve the accuracy, and ensure 
the sufficiency, of margin collateral posted by clearing members. 
First, OCC's proposed change to rely only on published SPX index data 
to calculate the uniform scale factor is an appropriate improvement to 
the process for performing intra-month volatility adjustments in STANS; 
in turn, having more accurate margin calculations should better ensure 
that OCC has sufficient financial resources to protect itself in the 
event of a clearing member default, thereby supporting the safeguarding 
of securities and funds in OCC's custody and control.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Second, OCC's proposed change to introduce new scale factors for 
equity-based products whose underliers correlate more closely with the 
indices used in the proposed scale factor calculations appropriately 
improves the accuracy of STANS calculations relating to volatility 
risks. More accurately accounting for volatility risks in margin 
calculations, as above, should better ensure that OCC has sufficient 
financial resources in the event of a clearing-member default, in turn 
supporting the safeguarding of securities and funds in OCC's custody 
and control.
    Third, the proposed change to apply the relevant scale factor to 
the greater of the historical and forecasted volatility measures will 
support OCC in safeguarding securities and funds in its control by 
better ensuring that reductions in forecasted volatility do not result 
in commensurate reductions in margin requirements. By mitigating 
procyclical reductions in margin requirements, the proposed change is 
designed to ensure that OCC maintains sufficient margin to protect 
itself against losses in the event of a clearing member default. This, 
in turn, better safeguards the securities and funds in OCC's custody 
and control.
    Fourth, the proposed change to incorporate daily updates into the 
time-series data used to construct the U.S. Treasury yield curve serves 
to better ensure that the STANS margin calculations for U.S. Treasury 
securities accurately reflect their value as collateral, especially 
during periods of heightened volatility. By ensuring that U.S. Treasury 
securities are accurately valued for collateral and margin purposes, 
the proposed change is designed to ensure that clearing member accounts 
do not become under-margined and to protect OCC's non-defaulting 
members against the potential loss of securities and funds in OCC's 
custody and control. The proposed rule changes are designed to ensure 
that OCC is better able to accurately compute and collect sufficient 
margin from its clearing members, thereby better ensuring that OCC 
appropriately estimates and manages its credit exposures. For these 
reasons, the Commission finds that the proposed change is consistent 
with Section 17A(b)(3)(F) of the Act.
    Additionally, the Commission finds that the proposed rule change is 
consistent with the Clearing Agency Standards, specifically rules 17Ad-
22(b)(1) and (b)(2) under the Act.\9\ Rule 17Ad-22(b)(1) requires OCC 
to establish, implement, maintain, and enforce written policies and 
procedures reasonably designed to, among other things, limit its 
exposures to potential losses from defaults by its participants under 
normal market conditions so that the operations of the clearing agency 
would not be disrupted and non-defaulting participants would not be 
exposed to losses that they cannot anticipate or control.\10\ Rule 
17Ad-22(b)(2) requires OCC to establish, implement, maintain, and 
enforce written policies and procedures reasonably designed to, among 
other things, use margin requirements to limit its credit exposures to 
participants under normal market conditions and use risk-based models 
and parameters to set such margin requirements.\11\
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    \9\ 17 CFR 240.17Ad-22(b)(1) and (b)(2).
    \10\ 17 CFR 240.17Ad-22(b)(1).
    \11\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent 
with rules 17Ad-22(b)(1) and (b)(2) under the Act. The proposed rule 
change is designed to better enable OCC to limit its potential losses 
from clearing-member defaults under normal market conditions by 
improving the data, scale factors, and methodology used to derive 
certain volatility and other estimates for purposes of margin 
calculations. By improving these estimates, the STANS margin 
requirements would better ensure that OCC's members post sufficient 
collateral in connection with their options positions, thereby 
protecting OCC against the potential losses from a clearing-member 
default. Furthermore, by limiting OCC's exposure to such losses, the 
proposed rule change better ensures that OCC would continue operations 
without disruption and that non-defaulting clearing members would not 
be exposed to losses they cannot anticipate or control.
    The proposed rule change also would improve the risk-based models 
and parameters that OCC uses to set margin requirements and limit its 
credit exposures to clearing members under normal market conditions. 
STANS, as discussed above, is a risk-based, forecasting tool that OCC 
currently uses to calculate margin requirements that are intended to be 
sufficient to collateralize each clearing member's losses over a two-
day period under normal market conditions. The proposed change 
incrementally enhances STANS by improving the data, scale factors, and 
methodology used to derive certain volatility and other estimates 
relevant to risk-based margin calculations. The proposed rule change 
would improve the quality of data used to estimate risk drivers in the 
STANS margin calculations, for example, by relying solely on published 
index data throughout the uniform scale factor time-series data period. 
In addition, the four new scale factors would more accurately reflect 
intra-month volatility risks associated with applicable option 
underliers in the STANS margin calculations. The proposed rule change 
would better ensure that the STANS margin requirements remain anchored 
to historical average volatilities, thereby mitigating procyclical 
reductions in margin requirements, by applying the relevant scale 
factor to the greater of an observed, historical average and a 
forecasted volatility measure. Finally, incorporating daily updates 
into time-series data used to construct the U.S. Treasury yield curve 
would improve valuation of U.S. Treasury collateral and the accuracy of 
STANS margin calculations, because margin requirements account for 
expected changes in the value of posted U.S. Treasury collateral. For 
the reasons stated above, the Commission finds that the proposed change 
is consistent with Rules 17Ad-22(b)(1) and (b)(2) under the Act.

[[Page 13166]]

III. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposed change is consistent with the requirements of the Act, and in 
particular, with the requirements of Section 17A of the Act \12\ and 
the rules and regulations thereunder.
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    \12\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Exchange Act,\13\ that the proposed rule change (SR-OCC-2017-001) be, 
and it hereby is, approved.
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    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04599 Filed 3-8-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices                                                       13163

                                                    automatic nature of the registration                     days to three days.36 In this regard,                   Form U5.41 The additional time
                                                    process in many states where, under a                    NYSE suggests that the relevant timing                  associated with the proposed rule
                                                    30-day standard, a state may not have                    is when information provided on the                     change should contribute to the
                                                    Form U5 information before it is                         Form U5 is made available on                            accuracy of information contained in
                                                    required to make a new licensing                         BrokerCheck. NYSE also states that                      the Form U5. The Commission notes
                                                    decision.27 NASAA further suggests that                  unless FINRA moves to a shorter                         that Forms U5 must be accurate and
                                                    it is time for a comprehensive review of                 timeframe it would be a burden on                       complete so that investors have the
                                                    Form U5 filing deadlines.28 In addition,                 competition for NYSE MKT and NYSE                       information that they need to determine
                                                    NASAA asserts that the importance of                     Arca to continue to maintain a different                if they wish to work with a particular
                                                    state licensing decisions outweigh any                   standard than is required of members of                 registered person, and regulators have
                                                    arguable burden of the shorter filing                    other self-regulatory organizations.37                  the information they need to properly
                                                    deadline.29 NASAA also asserts that                                                                              oversee the associated persons engaged
                                                                                                                Finally, NYSE asserts its belief that
                                                    because ‘‘approximately 73% of Form                                                                              in the securities business in their
                                                                                                             the proposals are consistent with the
                                                    U5s are already filed within 10 days of                                                                          jurisdictions, as soon as possible. In
                                                                                                             Act because they conform to the rules of                addition, the Commission notes that
                                                    a representative’s termination,’’ the                    other self-regulatory organizations.38
                                                    burden of maintaining a shorter filing                                                                           proposed time limits are consistent with
                                                                                                             Further, NYSE believes that the                         the rules of other self-regulatory
                                                    deadline is demonstrably minimal, as
                                                                                                             proposals should eliminate potential                    organizations.42
                                                    the vast majority of firms already
                                                                                                             reporting inaccuracies caused by any
                                                    comply with the deadline.30 Thus,                                                                                IV. Conclusion
                                                                                                             such disparities among exchanges’
                                                    NASAA does not believe that the 10-day
                                                                                                             regulatory reporting requirements and                     It is therefore ordered, pursuant to
                                                    requirement imposes a competitive
                                                                                                             ensure greater accuracy in Form U5                      Section 19(b)(2) of the Act,43 that the
                                                    disadvantage on the Exchanges’
                                                                                                             reporting because the proposed                          proposed rule changes (SR–NYSEMKT–
                                                    members.31 NASAA also asserts that
                                                                                                             timeframes would provide Members                        2016–52 and SR–NYSE Arca 2016–103)
                                                    Commission approval of the proposal
                                                                                                             with sufficient time to perform due                     be, and hereby are, approved.
                                                    would be premature, as NASAA’s
                                                                                                             diligence before reporting a
                                                    ongoing work in this area may lead to                                                                              For the Commission, by the Division of
                                                                                                             termination.39 Specifically responding                  Trading and Markets, pursuant to delegated
                                                    an industry-wide examination of Form
                                                                                                             to SIFMA and ARM, NYSE states that                      authority.44
                                                    U5 filing issues, and ultimately a
                                                                                                             the proposed rule language is not                       Eduardo A. Aleman,
                                                    recommendation to shorten the
                                                                                                             ambiguous, adding that the ‘‘prompt’’                   Assistant Secretary.
                                                    deadlines for filing the Form U5.32 OIA
                                                                                                             requirement is consistent with rules of
                                                    supports a harmonized approach among                                                                             [FR Doc. 2017–04606 Filed 3–8–17; 8:45 am]
                                                                                                             other self-regulatory organizations and
                                                    the self-regulatory organizations but                                                                            BILLING CODE 8011–01–P
                                                                                                             should encourage prompt filing of Form
                                                    argues that the appropriate way to
                                                                                                             U5, but does not shorten the deadline of
                                                    harmonize the requirement would be to
                                                                                                             30 days.40                                              SECURITIES AND EXCHANGE
                                                    shorten the filing timeframes to 10 days
                                                    across the industry.33                                      As discussed above, the Commission                   COMMISSION
                                                                                                             believes that the changes, which will
                                                       NYSE responds by stating that the                                                                             [Release No. 34–80147; File No. SR–OCC–
                                                                                                             provide additional time for Members to
                                                    proposed rule changes would                                                                                      2017–001]
                                                                                                             file Forms U5, may result in more
                                                    harmonize the Exchanges’ rules with the
                                                                                                             accurate information describing the                     Self-Regulatory Organizations; The
                                                    existing rules of the other exchanges
                                                                                                             reasons for the termination of a                        Options Clearing Corporation; Order
                                                    and FINRA and thereby ensure
                                                                                                             registered person, which would serve to                 Approving Proposed Rule Change
                                                    uniformity and promote clarity and
                                                    consistency.34 In addition, the Exchange                 protect investors and the public interest.              Concerning The Options Clearing
                                                    believes that maintaining a requirement                  Certain commenters appear to be                         Corporation’s Margin Coverage During
                                                    for NYSE MKT and NYSE Arca                               concerned that Members may require                      Times of Increased Volatility
                                                    Members different from the requirement                   additional time to accurately and
                                                                                                             completely respond to questions on the                  March 3, 2017.
                                                    for FINRA members results in a burden
                                                    on competition.35 With respect to                                                                                   On January 4, 2017, The Options
                                                    concerns regarding timely access to
                                                                                                               36 See  NYSE Letter I at 2. But see OIA Letter at     Clearing Corporation (‘‘OCC’’) filed with
                                                    information by investors, NYSE
                                                                                                             6 noting ‘‘that, while timelier disclosure of Form U5   the Securities and Exchange
                                                                                                             information on BrokerCheck impacts the speed in         Commission (‘‘Commission’’) the
                                                    references a proposed rule change that                   which a retail investor may be alerted to red flag
                                                    amended FINRA’s rules to reduce the                      conduct, it has no impact on the speed in which         proposed rule change SR–OCC–2017–
                                                    time period within which information                     regulators are alerted to, and can respond to, the      001 pursuant to Section 19(b)(1) of the
                                                    disclosed on Form U5 is made available
                                                                                                             information in the Form U5.’’                           Securities Exchange Act of 1934
                                                                                                                37 See NYSE Letter I at 2, NYSE Letter II at 3.
                                                    to the public via BrokerCheck from 15                                                                            (‘‘Act’’),1 and Rule 19b–4 thereunder.2
                                                                                                                38 See NYSE Letter I at 1–2, NYSE Letter II at 1–
                                                                                                                                                                     The proposed rule change was
                                                                                                             2, NYSE Letter III at 1–2. NYSE refers to similar
                                                       27 See NASAA Letter at 2 and NASAA Response           exchange rules featuring a 30-day time limit for the    published for comment in the Federal
                                                    at 2. See also ASC Letter at 2 (stating it is far more   filing and amending of the Form U5, including two       Register on January 25, 2017.3 The
                                                    efficient for a state to prevent an agent with           rules adopted in 2016. See NYSE Letter II at 2. The
                                                                                                             Commission approved a rule change, SR–
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    disqualifying history from becoming registered than                                                                 41 See SIFMA letter at 2, ARM Letter I at 1–2 and
                                                    it is to revoke or suspend a registered agent).          NYSEArca–2016–104, which amended one rule to
                                                                                                                                                                     ARM Letter II at 2.
                                                       28 See NASAA Response at 2.                           add ‘‘calendar’’ to modify the 30-day time frame           42 See supra, note 14 and accompanying text.
                                                       29 See id.                                            within which to submit Form U5 and a second rule
                                                                                                                                                                        43 15 U.S.C. 78s(b)(2).
                                                       30 See id.
                                                                                                             to shorten the time within which to submit the
                                                                                                                                                                        44 17 CFR 200.30–3(a)(12).
                                                                                                             Form U5 from 30 business days to 30 calendar days.
                                                       31 See id. at 2–3.                                                                                               1 15 U.S.C. 78s(b)(1).
                                                                                                             See Securities Exchange Act Release No. 78809
                                                       32 See id. at 3.
                                                                                                             (September 9, 2016), 81 FR 63543 (September 15,            2 17 CFR 240.19b–4.
                                                       33 See OIA Letter at 3.                               2016).                                                     3 Securities Exchange Act Release No. 79818
                                                       34 See NYSE Letter III at 2.                             39 See NYSE Letter III at 2.
                                                                                                                                                                     (January 18, 2017) 82 FR 8455 (January 25, 2017
                                                       35 See NYSE Letter I at 1, NYSE Letter II at 2.          40 See id.                                           (SR–OCC–2017–001) (‘‘Notice’’).



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                                                    13164                         Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

                                                    Commission received one comment                         factor tied to the relationship between                   information and currently serves as
                                                    letter on the Notice.4 This order                       the short-term and long term volatility                   OCC’s sole volatility proxy used to scale
                                                    approves the proposed rule change.                      of the SPX. Specifically, the uniform                     equity-based option underliers.
                                                                                                            scale factor is used as a proxy to ‘‘scale                According to OCC, the new scale factors
                                                    I. Description of the Proposed Rule
                                                                                                            up’’ volatilities of equity-based option                  would be based upon indices whose
                                                    Change                                                  underliers 5 when near-term volatility                    volatility characteristics more closely
                                                    A. Background                                           estimates fall below a certain ratio                      correlate with the volatility
                                                       OCC protects itself against potential                relative to long-term average volatility,                 characteristics of the underliers to
                                                    losses that could result from the default               in each case based on the SPX. OCC                        which they will be applied.
                                                    of a clearing member by requiring                       asserts that, by applying a scale factor in               Accordingly, OCC believes the new
                                                                                                            this way, margin requirements better                      scale factors would serve as more
                                                    margin to be posted in connection with
                                                                                                            account for intra-month volatility risks                  appropriate volatility proxies than the
                                                    each member’s positions. The amount of
                                                                                                            for individual equity-based option                        uniform scale factor currently in use.
                                                    margin calculated and collected from
                                                                                                            underliers and thereby better ensure                      Specifically, OCC proposed to introduce
                                                    OCC’s clearing members, along with
                                                                                                            that clearing members maintain                            new scale factors based upon the
                                                    mutualized clearing-fund resources, is
                                                                                                            sufficient margin assets in connection                    following indices: (1) The Russell 2000®
                                                    intended to make available to OCC
                                                                                                            with option positions based upon those
                                                    sufficient financial resources for the                                                                            Index (12/29/1978); (2) the Dow Jones
                                                                                                            underliers.
                                                    orderly transfer or liquidation of a                                                                              Industrial Average Index (9/23/1997);
                                                    defaulting clearing member’s positions.                 B. The Proposed Rule Change                               (3) the NASDAQ-100 Index (2/4/1985);
                                                    OCC’s proprietary risk management                         In its filing, OCC proposed a number                    and (4) the S&P 100 Index (1/2/1976).6
                                                    system, the System for Theoretical                      of enhancements to its STANS margin                       OCC stated that although the SPX-based
                                                    Analysis and Numerical Simulations                      methodology that it believes would                        uniform scale factor would continue to
                                                    (‘‘STANS’’), calculates each clearing                   result in more accurate clearing member                   serve as the default scale factor for most
                                                    member’s margin requirement by                          margin requirements. Specifically, OCC                    equity-based products, the new scale
                                                    utilizing Monte Carlo simulations to                    proposed the following: (1) To change                     factors would apply to a number of
                                                    forecast price movements related to the                 the length of time-series data used to                    index options, options on exchange-
                                                    positions in each clearing member’s                     calculate the uniform scale factor; (2) to                traded funds, and options on exchange-
                                                    portfolio. The STANS margin                             introduce new equity index-based scale                    traded notes that more closely correlate
                                                    requirement is intended to be sufficient                factors; (3) to anchor individual risk                    to the indices used in the proposed
                                                    to collateralize the member’s losses                    factor volatilities to longer-term                        scale factor calculations.
                                                    across its portfolio over a two-day                     averages; and (4) to implement daily                         Third, OCC proposed to anchor risk
                                                    period, under normal market                             data updates of risk factors in OCC’s                     factor volatilities to longer-term trends
                                                    conditions.                                             statistical models used to value U.S.
                                                       To determine margin requirements,                                                                              by applying either the uniform scale
                                                                                                            Treasury securities for collateral and                    factor or the applicable proposed new
                                                    STANS utilizes time-series data,                        margin purposes.
                                                    including pricing data on assets                                                                                  scale factor to the greater of two
                                                                                                              First, OCC proposed to change the
                                                    underlying the options contracts that                                                                             volatility estimates: (i) An observed,
                                                                                                            time-series data period and thereby the
                                                    OCC clears, and performs calculations                                                                             historical average; or (ii) a forecasted
                                                                                                            data set used to calculate the uniform
                                                    related to, among other things, the                     scale factor. One aspect of the uniform                   volatility measure. The proposed change
                                                    volatilities of these underliers. The                   scale factor calculation relies on pricing                would modify OCC’s current practice of
                                                    margin amount collected from each                       information, or time-series data, relating                applying the uniform scale factor solely
                                                    clearing member also accounts for                       to the individual components of the                       to the forecasted volatility measure for
                                                    expected changes in the value of                        SPX index dating back to 1946, which                      applicable underliers. OCC stated that
                                                    collateral posted in connection with that               pre-dates the 1957 introduction of the                    its revised methodology would better
                                                    member’s portfolio.                                     SPX. Because the time-series data pre-                    ensure that short-term or temporary
                                                       According to OCC, one of the primary                 dates the SPX’s publication, OCC’s                        decreases in forecasted volatility do not
                                                    risk drivers in the STANS methodology                   current practice is to supplement the                     result in significant margin reductions,
                                                    relates to the volatilities of individual               published SPX data with additional                        thereby improving risk management in
                                                    equity securities, which are derived                    pricing information that relies upon                      those cases where observed, historical
                                                    from pricing data imported monthly                      assumptions about what theoretically                      average volatilities exceed forecasted
                                                    into STANS. Between data feeds, the                     could have been the index’s                               volatility measures.
                                                    STANS margin methodology relies on a                    composition prior to 1957. OCC                               Finally, OCC proposed to implement
                                                    process that adjusts the individual                     proposed to discontinue that practice                     daily updates to risk factors used to
                                                    volatility measures of equity-based                     going forward, and instead rely on post-                  construct the U.S. Treasury yield curve
                                                    option underliers (e.g., GE or IBM) by a                1957 information only. OCC stated that                    and value U.S. Treasury securities for
                                                    multiplier derived from the volatility of               this change would improve the quality                     collateral and margin purposes.
                                                    the Standard &Poor’s® 500 index                         of data used in the uniform scale factor                  According to OCC, daily updates to the
                                                    (‘‘SPX’’). OCC refers to that multiplier as             calculation.                                              U.S. Treasury yield curve would better
                                                    the uniform scale factor. To account for                  Second, OCC proposed to introduce                       ensure that the STANS margin
                                                    intra-month changes in volatility, the                  four new scale factors for equity-based
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                                                                                                                                                                      calculations accurately reflect the
                                                    uniform scale factor adjusts individual                 options. OCC stated that the uniform                      current state of the U.S. Treasury
                                                    volatilities of applicable underliers by a              scale factor is derived from SPX pricing                  market, particularly during periods of
                                                                                                                                                                      heightened volatility, which would lead
                                                       4 See comment from Tressifa S. Moore (January          5 The uniform scale factor applies to the volatility
                                                                                                                                                                      to more accurate margin calculations.
                                                    19, 2017). The comment appears to be an excerpt         measures for single-name and index underliers. It
                                                    from the EDGAR Filer Manual, available at               does not apply to exchange-traded funds, futures,
                                                    www.sec.gov/info/edgar/edmanuals.htm, and does          or volatility-based underliers. For the latter types of     6 The dates in parentheticals are the dates from

                                                    not have any substantive relevance to the proposed      options, STANS uses a constant volatility measure         which OCC has historical data on the specified
                                                    rule change.                                            calculated from monthly data feeds.                       index.



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                                                                                    Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices                                           13165

                                                    II. Discussion and Findings                             the securities and funds in OCC’s                     certain volatility and other estimates for
                                                       Section   19(b)(2)(C) 7of the Act directs            custody and control.                                  purposes of margin calculations. By
                                                                                                               Fourth, the proposed change to                     improving these estimates, the STANS
                                                    the Commission to approve a proposed
                                                                                                            incorporate daily updates into the time-              margin requirements would better
                                                    rule change of a self-regulatory
                                                                                                            series data used to construct the U.S.                ensure that OCC’s members post
                                                    organization if it finds that the rule
                                                                                                            Treasury yield curve serves to better                 sufficient collateral in connection with
                                                    change, as proposed, is consistent with
                                                                                                            ensure that the STANS margin                          their options positions, thereby
                                                    the requirements of the Act and the
                                                                                                            calculations for U.S. Treasury securities             protecting OCC against the potential
                                                    rules and regulations thereunder                        accurately reflect their value as
                                                    applicable to such organization.                                                                              losses from a clearing-member default.
                                                                                                            collateral, especially during periods of              Furthermore, by limiting OCC’s
                                                       The Commission finds that the                        heightened volatility. By ensuring that
                                                    proposed rule change is consistent with                                                                       exposure to such losses, the proposed
                                                                                                            U.S. Treasury securities are accurately               rule change better ensures that OCC
                                                    Section 17A(b)(3)(F) of the Act, which                  valued for collateral and margin
                                                    requires, among other things, that the                                                                        would continue operations without
                                                                                                            purposes, the proposed change is                      disruption and that non-defaulting
                                                    rules of a clearing agency assure the                   designed to ensure that clearing member
                                                    safeguarding of securities and funds that                                                                     clearing members would not be exposed
                                                                                                            accounts do not become under-                         to losses they cannot anticipate or
                                                    are in the custody or control of the                    margined and to protect OCC’s non-
                                                    clearing agency or for which it is                                                                            control.
                                                                                                            defaulting members against the                           The proposed rule change also would
                                                    responsible.8 As described above, the                   potential loss of securities and funds in
                                                    proposed rule changes are designed to                                                                         improve the risk-based models and
                                                                                                            OCC’s custody and control. The
                                                    improve the accuracy, and ensure the                                                                          parameters that OCC uses to set margin
                                                                                                            proposed rule changes are designed to
                                                    sufficiency, of margin collateral posted                                                                      requirements and limit its credit
                                                                                                            ensure that OCC is better able to
                                                    by clearing members. First, OCC’s                                                                             exposures to clearing members under
                                                                                                            accurately compute and collect
                                                    proposed change to rely only on                                                                               normal market conditions. STANS, as
                                                                                                            sufficient margin from its clearing
                                                    published SPX index data to calculate                                                                         discussed above, is a risk-based,
                                                                                                            members, thereby better ensuring that
                                                    the uniform scale factor is an                                                                                forecasting tool that OCC currently uses
                                                                                                            OCC appropriately estimates and
                                                    appropriate improvement to the process                                                                        to calculate margin requirements that
                                                                                                            manages its credit exposures. For these
                                                    for performing intra-month volatility                                                                         are intended to be sufficient to
                                                                                                            reasons, the Commission finds that the
                                                    adjustments in STANS; in turn, having                   proposed change is consistent with                    collateralize each clearing member’s
                                                    more accurate margin calculations                       Section 17A(b)(3)(F) of the Act.                      losses over a two-day period under
                                                    should better ensure that OCC has                          Additionally, the Commission finds                 normal market conditions. The
                                                    sufficient financial resources to protect               that the proposed rule change is                      proposed change incrementally
                                                    itself in the event of a clearing member                consistent with the Clearing Agency                   enhances STANS by improving the data,
                                                    default, thereby supporting the                         Standards, specifically rules 17Ad–                   scale factors, and methodology used to
                                                    safeguarding of securities and funds in                 22(b)(1) and (b)(2) under the Act.9 Rule              derive certain volatility and other
                                                    OCC’s custody and control.                              17Ad–22(b)(1) requires OCC to                         estimates relevant to risk-based margin
                                                       Second, OCC’s proposed change to                     establish, implement, maintain, and                   calculations. The proposed rule change
                                                    introduce new scale factors for equity-                 enforce written policies and procedures               would improve the quality of data used
                                                    based products whose underliers                         reasonably designed to, among other                   to estimate risk drivers in the STANS
                                                    correlate more closely with the indices                 things, limit its exposures to potential              margin calculations, for example, by
                                                    used in the proposed scale factor                       losses from defaults by its participants              relying solely on published index data
                                                    calculations appropriately improves the                 under normal market conditions so that                throughout the uniform scale factor
                                                    accuracy of STANS calculations relating                 the operations of the clearing agency                 time-series data period. In addition, the
                                                    to volatility risks. More accurately                    would not be disrupted and non-                       four new scale factors would more
                                                    accounting for volatility risks in margin               defaulting participants would not be                  accurately reflect intra-month volatility
                                                    calculations, as above, should better                   exposed to losses that they cannot                    risks associated with applicable option
                                                    ensure that OCC has sufficient financial                anticipate or control.10 Rule 17Ad–                   underliers in the STANS margin
                                                    resources in the event of a clearing-                   22(b)(2) requires OCC to establish,                   calculations. The proposed rule change
                                                    member default, in turn supporting the                  implement, maintain, and enforce                      would better ensure that the STANS
                                                    safeguarding of securities and funds in                 written policies and procedures                       margin requirements remain anchored
                                                    OCC’s custody and control.                              reasonably designed to, among other                   to historical average volatilities, thereby
                                                       Third, the proposed change to apply                  things, use margin requirements to limit              mitigating procyclical reductions in
                                                    the relevant scale factor to the greater of             its credit exposures to participants                  margin requirements, by applying the
                                                    the historical and forecasted volatility                under normal market conditions and                    relevant scale factor to the greater of an
                                                    measures will support OCC in                            use risk-based models and parameters to               observed, historical average and a
                                                    safeguarding securities and funds in its                set such margin requirements.11                       forecasted volatility measure. Finally,
                                                    control by better ensuring that                            The Commission finds that the                      incorporating daily updates into time-
                                                    reductions in forecasted volatility do                  proposed rule change is consistent with               series data used to construct the U.S.
                                                    not result in commensurate reductions                   rules 17Ad–22(b)(1) and (b)(2) under the              Treasury yield curve would improve
                                                    in margin requirements. By mitigating                   Act. The proposed rule change is                      valuation of U.S. Treasury collateral and
                                                                                                                                                                  the accuracy of STANS margin
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                                                    procyclical reductions in margin                        designed to better enable OCC to limit
                                                    requirements, the proposed change is                    its potential losses from clearing-                   calculations, because margin
                                                    designed to ensure that OCC maintains                   member defaults under normal market                   requirements account for expected
                                                    sufficient margin to protect itself against             conditions by improving the data, scale               changes in the value of posted U.S.
                                                    losses in the event of a clearing member                factors, and methodology used to derive               Treasury collateral. For the reasons
                                                    default. This, in turn, better safeguards                                                                     stated above, the Commission finds that
                                                                                                              9 17 CFR 240.17Ad–22(b)(1) and (b)(2).              the proposed change is consistent with
                                                      7 15 U.S.C. 78s(b)(2)(C).                               10 17 CFR 240.17Ad–22(b)(1).                        Rules 17Ad–22(b)(1) and (b)(2) under
                                                      8 15 U.S.C. 78q–1(b)(3)(F).                             11 17 CFR 240.17Ad–22(b)(2).                        the Act.


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                                                    13166                         Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

                                                    III. Conclusion                                         options. The Exchange proposes to                         Order Entry Ports,5 CTI Ports,6 OTTO
                                                       On the basis of the foregoing, the                   clarify that NOM port fees and other                      Ports,7 ITTO Ports,8 BONO Ports,9 Order
                                                    Commission finds that the proposed                      services in Chapter VX, Section 3 of                      Entry DROP Ports,10 OTTO DROP
                                                    change is consistent with the                           NOM Rules are not prorated.                               Ports 11 and SQF Ports.12 Today, the
                                                    requirements of the Act, and in                            The text of the proposed rule change                      5 The Order Entry Port Fee is a connectivity fee
                                                    particular, with the requirements of                    is available on the Exchange’s Web site                   in connection with routing orders to the Exchange
                                                    Section 17A of the Act 12 and the rules                 at http://nasdaq.cchwallstreet.com, at                    via an external order entry port. NOM Participants
                                                    and regulations thereunder.                             the principal office of the Exchange, and                 access the Exchange’s network through order entry
                                                       It is therefore ordered, pursuant to                                                                           ports. A NOM Participant may have more than one
                                                                                                            at the Commission’s Public Reference                      order entry port.
                                                    Section 19(b)(2) of the Exchange Act,13                 Room.                                                        6 CTI offers real-time clearing trade updates. A
                                                    that the proposed rule change (SR–                                                                                real-time clearing trade update is a message that is
                                                    OCC–2017–001) be, and it hereby is,                     II. Self-Regulatory Organization’s                        sent to a member after an execution has occurred
                                                    approved.                                               Statement of the Purpose of, and                          and contains trade details. The message containing
                                                                                                            Statutory Basis for, the Proposed Rule                    the trade details is also simultaneously sent to The
                                                      For the Commission, by the Division of                                                                          Options Clearing Corporation. The trade messages
                                                    Trading and Markets, pursuant to delegated              Change                                                    are routed to a member’s connection containing
                                                    authority.14                                                                                                      certain information. The administrative and market
                                                    Eduardo A. Aleman,
                                                                                                              In its filing with the Commission, the                  event messages include, but are not limited to:
                                                                                                            Exchange included statements                              System event messages to communicate
                                                    Assistant Secretary.                                                                                              operational-related events; options directory
                                                                                                            concerning the purpose of and basis for
                                                    [FR Doc. 2017–04599 Filed 3–8–17; 8:45 am]                                                                        messages to relay basic option symbol and contract
                                                                                                            the proposed rule change and discussed                    information for options traded on the Exchange;
                                                    BILLING CODE 8011–01–P
                                                                                                            any comments it received on the                           complex strategy messages to relay information for
                                                                                                            proposed rule change. The text of these                   those strategies traded on the Exchange; trading
                                                                                                                                                                      action messages to inform market participants when
                                                    SECURITIES AND EXCHANGE                                 statements may be examined at the                         a specific option or strategy is halted or released for
                                                    COMMISSION                                              places specified in Item IV below. The                    trading on the Exchange; and an indicator which
                                                                                                            Exchange has prepared summaries, set                      distinguishes electronic and non-electronically
                                                    [Release No. 34–80153; File No. SR–                                                                               delivered orders.
                                                                                                            forth in sections A, B, and C below, of                      7 OTTO provides a method for subscribers to send
                                                    NASDAQ–2017–022]
                                                                                                            the most significant aspects of such                      orders and receive status updates on those orders.
                                                    Self-Regulatory Organizations; The                      statements.                                               OTTO accepts limit orders from system subscribers,
                                                                                                                                                                      and if there is a matching order, the orders will
                                                    NASDAQ Stock Market LLC; Notice of                      A. Self-Regulatory Organization’s                         execute. Non-matching orders are added to the limit
                                                    Filing and Immediate Effectiveness of                   Statement of the Purpose of, and                          order book, a database of available limit orders,
                                                    Proposed Rule Change Related to                         Statutory Basis for, the Proposed Rule
                                                                                                                                                                      where they are matched in price-time priority.
                                                                                                                                                                         8 ITTO is a data feed that provides quotation
                                                    Billing Ports and Other Services
                                                                                                            Change                                                    information for individual orders on the NOM book,
                                                    March 3, 2017.                                                                                                    last sale information for trades executed on NOM,
                                                                                                            1. Purpose                                                and Order Imbalance Information as set forth in
                                                       Pursuant to Section 19(b)(1) of the                                                                            NOM Rules Chapter VI, Section 8. ITTO is the
                                                    Securities Exchange Act of 1934                            The purpose of the proposed rule                       options equivalent of the NASDAQ TotalView/
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 change is to include language within                      ITCH data feed that NASDAQ offers under
                                                    notice is hereby given that on February                                                                           NASDAQ Rule 7023 with respect to equities traded
                                                                                                            Chapter XV, Section 3 to clarify that the                 on NASDAQ. As with TotalView, members use
                                                    21, 2017, The NASDAQ Stock Market                       port fees and other services noted in this                ITTO to ‘‘build’’ their view of the NOM book by
                                                    LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed                  section are not subject to proration.                     adding individual orders that appear on the feed,
                                                    with the Securities and Exchange                                                                                  and subtracting individual orders that are executed.
                                                    Commission (‘‘SEC’’ or ‘‘Commission’’)                     Chapter XV, Section 3, entitled                        See Chapter VI, Section 1 at subsection (a)(3)(A).
                                                    the proposed rule change as described                   ‘‘NASDAQ Options Market—Ports and                            9 Best of NASDAQ Options or ‘‘BONO’’ (SM) is a

                                                                                                            other Services’’ includes pricing for                     data feed that provides the NOM Best Bid and Offer
                                                    in Items I and II, below, which Items                                                                             (‘‘NBBO’’) and last sale information for trades
                                                    have been prepared by the Exchange.                     TradeInfo,3 various port fees and                         executed on NOM. The NBBO and last sale
                                                    The Commission is publishing this                       Remote ITCH to Trade Options (ITTO)                       information are identical to the information that
                                                    notice to solicit comments on the                       Wave Ports.4 The port fees include                        NOM sends the Options Price Regulatory Authority
                                                                                                                                                                      (‘‘OPRA’’) and which OPRA disseminates via the
                                                    proposed rule change from interested                                                                              consolidated data feed for options.
                                                    persons.                                                   3 TradeInfo allows an Options Participant to scan         10 The DROP interface provides real time

                                                                                                            for all orders it submitted to NOM in a particular        information regarding orders sent to NOM and
                                                    I. Self-Regulatory Organization’s                                                                                 executions that occurred on NOM. The DROP
                                                                                                            security or all orders of a particular type, regardless
                                                    Statement of the Terms of Substance of                  of their status (open, canceled, executed, etc.) [sic]    interface is not a trading interface and does not
                                                    the Proposed Rule Change                                Also, it permits a participant to cancel open orders      accept order messages.
                                                                                                                                                                         11 The OTTO DROP data feed provides real-time
                                                       The Exchange proposes to amend                       at the port or firm mnemonic level. TradeInfo
                                                                                                                                                                      information regarding orders entered through OTTO
                                                                                                            allows a NOM Participant to manage its order flow
                                                    Chapter XV, entitled ‘‘Options Pricing,’’                                                                         and the execution of those orders. The OTTO DROP
                                                                                                            and mitigate risk by giving users the ability to view     data feed is not a trading interface and does not
                                                    at Section 3, which governs pricing for                 its orders and executions, as well as the ability to      accept order messages.
                                                    Exchange members using the NASDAQ                       perform cancels at the port or firm mnemonic level.          12 SQF is an interface that allows NOM Market
                                                    Options Market (‘‘NOM’’), the                           Finally, TradeInfo has the ability download records       Makers to connect and send quotes and sweeps into
                                                    Exchange’s facility for executing and                   of orders and executions for recordkeeping                the System. Data includes the following: (1) Options
                                                    routing standardized equity and index
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                                                                                                            purposes.                                                 Auction Notifications (e.g., opening imbalance,
                                                                                                               4 These are wireless networks through which            market exhaust, PRISM Auction information, or
                                                      12 In approving this proposed rule change, the        Nasdaq provides ITTO market data. A Remote Wave           other information); (2) Options Symbol Directory
                                                                                                            Port is a physical port located in Nasdaq’s space         Messages; (3) System Event Messages (e.g., start of
                                                    Commission has considered the proposed rule’s
                                                                                                                                                                      messages, start of system hours, start of quoting,
                                                    impact on efficiency, competition, and capital          within a third-party’s (remote) data center that
                                                                                                                                                                      start of opening); (4) Option Trading Action
                                                    formation. See 15 U.S.C. 78c(f).                        receives market data delivered by Nasdaq via a
                                                      13 15 U.S.C. 78s(b)(2).
                                                                                                                                                                      Messages (e.g., halts, resumes); and (5) Quote
                                                                                                            wireless network, which is then simultaneously            Messages (quote/sweep messages, risk protection
                                                      14 17 CFR 200.30–3(a)(12).                            distributed to Wave Ports within that location.           triggers or purge notifications). An Active Purge
                                                      1 15 U.S.C. 78s(b)(1).                                Clients must separately subscribe to the data             Port may be configured as a ‘‘Purge-only’’ port of
                                                      2 17 CFR 240.19b–4.                                   received by the Remote Wave Port service.                 purging option interest from the Exchange’s system



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Document Created: 2017-03-09 04:59:05
Document Modified: 2017-03-09 04:59:05
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 Citation82 FR 13163 

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