83_FR_29969 83 FR 29846 - Self-Regulatory Organizations; Options Clearing Corporation; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change Concerning Enhanced and New Tools for Recovery Scenarios

83 FR 29846 - Self-Regulatory Organizations; Options Clearing Corporation; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change Concerning Enhanced and New Tools for Recovery Scenarios

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29846-29847
FR Document2018-13637

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29846-29847]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13637]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83484; File No. SR-OCC-2017-020]


Self-Regulatory Organizations; Options Clearing Corporation; 
Notice of Designation of Longer Period for Commission Action on 
Proceedings To Determine Whether To Approve or Disapprove a Proposed 
Rule Change Concerning Enhanced and New Tools for Recovery Scenarios

June 20, 2018.
    On December 18, 2017, The Options Clearing Corporation (``OCC'') 
filed with the Securities and Exchange Commission (``Commission'') 
proposed rule change SR-OCC-2017-020 (``Proposed Rule Change'') 
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ concerning enhanced and new 
tools for recovery scenarios.\3\ The Proposed Rule Change was published 
for comment in the Federal Register on December 26, 2017.\4\ To date, 
the Commission has received one comment letter to the Proposed Rule 
Change.\5\ On March 22, 2018, the Commission instituted proceedings 
under Section 19(b)(2)(B)(i) of the Act \6\ to determine whether to 
approve or disapprove the Proposed Rule Change.\7\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ On December 8, 2017, OCC also filed this proposal as an 
advance notice SR-OCC-2017-809 (``Advance Notice'') with the 
Commission pursuant to Section 806(e)(1) of Title VIII of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, entitled the 
Payment, Clearing, and Settlement Supervision Act of 2010 (12 U.S.C. 
5465(e)(1)) and Rule 19b-4(n)(1)(i) of the Act (17 CFR 240.19b-
4(n)(1)(i)). Notice of filing of the Advance Notice was published 
for comment in the Federal Register on January 23, 2018. Securities 
Exchange Act Release No. 82513 (Jan. 17, 2018), 83 FR 3244 (Jan. 23, 
2018) (SR-OCC-2017-809).
     On January 22, 2018, the Commission sent OCC a request for 
additional information, which tolls the Commission's 60-day review 
period for the Advance Notice. See Memorandum from Office of 
Clearance and Settlement, Division of Trading and Markets, dated 
January 23, 2018, available at https://www.sec.gov/comments/sr-occ-2017-809/occ2017809.htm. The new review period will be 60 days from 
the date the Commission receives the information requested. See 
Section 806(e)(1). The proposal in the Proposed Rule Change and the 
Advance Notice shall not take effect until all regulatory actions 
required with respect to the proposal are completed.
    \4\ Securities Exchange Act Release No. 82531 (Dec. 19, 2017), 
82 FR 61107 (Dec. 26, 2017) (SR-OCC-2017-020).
    \5\ See Letter from Jacqueline H. Mesa, Senior Vice President of 
Global Policy, FIA, dated Jan. 16, 2018, available at https://www.sec.gov/comments/sr-occ-2017-020/occ2017020.htm. Since the 
proposal contained in the Proposed Rule Change was also filed as an 
Advance Notice, the Commission is considering all public comments 
received on the proposal regardless of whether the comments are 
submitted to the Proposed Rule Change or the Advance Notice.
    \6\ 15 U.S.C. 78s(b)(2)(B)(i).
    \7\ See Securities Exchange Act Release No. 82926 (March 22, 
2018), 83 FR 13171 (March 27, 2018) (SR-OCC-2018-020).
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    Section 19(b)(2)(B)(ii) of the Act provides that, after initiating 
proceedings, the Commission shall issue an order approving or 
disapproving the proposed rule change not later than 180 days after the 
date of publication of notice of filing of the proposed rule change.\8\ 
The Commission may, however, extend the period for issuing an order 
approving or disapproving the proposed rule change by not more than 60 
days if the Commission determines that a longer period is appropriate 
and publishes the reasons for such determination.\9\
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    \8\ 15 U.S.C. 78s(b)(2)(B)(ii).
    \9\ Id.
---------------------------------------------------------------------------

    The 180th day after publication of the notice for the Proposed Rule 
Change in the Federal Register is June 24, 2018. The Commission finds 
it appropriate to designate a longer period within which to issue an 
order approving or disapproving the Proposed Rule Change so that it has 
sufficient time to consider the Proposed Rule Change and the comment 
received. Accordingly, the Commission, pursuant to Section 
19(b)(2)(B)(ii) of the Act,\10\ designates August 23, 2018 as the date 
by which the Commission shall either approve or disapprove the Proposed 
Rule Change.
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    \10\ Id.
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    The Commission also seeks additional comment to help further inform 
its analysis of the Proposed Rule Change. Specifically, the Commission 
invites interested persons to provide views, data, and arguments 
concerning the Proposed Rule Change, including whether the Proposed 
Rule Change is consistent with the Act and the applicable rules or 
regulations thereunder. Please note that comments previously received 
on the substance of the Proposed Rule Change will be considered 
together with comments submitted in response to this notice. Therefore, 
while commenters are free to submit additional comments at this time, 
they need not re-submit earlier comments.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-OCC-2017-020 on the subject line.

[[Page 29847]]

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-2017-020. 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 website (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 website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of such filing also will be available for inspection 
and copying at the principal office of OCC and on OCC's website at 
https://www.theocc.com/about/publications/bylaws.jsp.
    All comments received will be posted without change. Persons 
submitting comments are cautioned that we do not redact or edit 
personal identifying information from comment submissions. You should 
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-OCC-2017-020 and 
should be submitted on or before July 11, 2018. Any person who wishes 
to file a rebuttal to any other person's submission must file that 
rebuttal on or before July 17, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13637 Filed 6-25-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                29846                            Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

                                                Paper Comments                                            SECURITIES AND EXCHANGE                                 of the Act 6 to determine whether to
                                                                                                          COMMISSION                                              approve or disapprove the Proposed
                                                  • Send paper comments in triplicate                                                                             Rule Change.7
                                                to Secretary, Securities and Exchange                     [Release No. 34–83484; File No. SR–OCC–                   Section 19(b)(2)(B)(ii) of the Act
                                                Commission, 100 F Street NE,                              2017–020]
                                                                                                                                                                  provides that, after initiating
                                                Washington, DC 20549–1090.                                Self-Regulatory Organizations;                          proceedings, the Commission shall issue
                                                                                                          Options Clearing Corporation; Notice                    an order approving or disapproving the
                                                All submissions should refer to File
                                                                                                          of Designation of Longer Period for                     proposed rule change not later than 180
                                                Number SR–CBOE–2018–043. This file                                                                                days after the date of publication of
                                                number should be included on the                          Commission Action on Proceedings To
                                                                                                          Determine Whether To Approve or                         notice of filing of the proposed rule
                                                subject line if email is used. To help the                                                                        change.8 The Commission may,
                                                Commission process and review your                        Disapprove a Proposed Rule Change
                                                                                                          Concerning Enhanced and New Tools                       however, extend the period for issuing
                                                comments more efficiently, please use                                                                             an order approving or disapproving the
                                                only one method. The Commission will                      for Recovery Scenarios
                                                                                                                                                                  proposed rule change by not more than
                                                post all comments on the Commission’s                     June 20, 2018.                                          60 days if the Commission determines
                                                internet website (http://www.sec.gov/                        On December 18, 2017, The Options                    that a longer period is appropriate and
                                                rules/sro.shtml). Copies of the                           Clearing Corporation (‘‘OCC’’) filed with               publishes the reasons for such
                                                submission, all subsequent                                the Securities and Exchange                             determination.9
                                                amendments, all written statements                        Commission (‘‘Commission’’) proposed                      The 180th day after publication of the
                                                with respect to the proposed rule                         rule change SR–OCC–2017–020                             notice for the Proposed Rule Change in
                                                change that are filed with the                            (‘‘Proposed Rule Change’’) pursuant to                  the Federal Register is June 24, 2018.
                                                Commission, and all written                               Section 19(b)(1) of the Securities                      The Commission finds it appropriate to
                                                communications relating to the                            Exchange Act of 1934 (‘‘Act’’),1 and                    designate a longer period within which
                                                proposed rule change between the                          Rule 19b–4 thereunder,2 concerning                      to issue an order approving or
                                                Commission and any person, other than                     enhanced and new tools for recovery                     disapproving the Proposed Rule Change
                                                                                                          scenarios.3 The Proposed Rule Change                    so that it has sufficient time to consider
                                                those that may be withheld from the
                                                                                                          was published for comment in the                        the Proposed Rule Change and the
                                                public in accordance with the
                                                                                                          Federal Register on December 26,                        comment received. Accordingly, the
                                                provisions of 5 U.S.C. 552, will be                                                                               Commission, pursuant to Section
                                                available for website viewing and                         2017.4 To date, the Commission has
                                                                                                          received one comment letter to the                      19(b)(2)(B)(ii) of the Act,10 designates
                                                printing in the Commission’s Public                                                                               August 23, 2018 as the date by which
                                                Reference Room, 100 F Street NE,                          Proposed Rule Change.5 On March 22,
                                                                                                          2018, the Commission instituted                         the Commission shall either approve or
                                                Washington, DC 20549 on official                                                                                  disapprove the Proposed Rule Change.
                                                business days between the hours of                        proceedings under Section 19(b)(2)(B)(i)
                                                                                                                                                                    The Commission also seeks additional
                                                10:00 a.m. and 3:00 p.m. Copies of the                      1 15
                                                                                                                                                                  comment to help further inform its
                                                                                                                  U.S.C. 78s(b)(1).
                                                filing also will be available for                           2 17  CFR 240.19b–4.
                                                                                                                                                                  analysis of the Proposed Rule Change.
                                                inspection and copying at the principal                      3 On December 8, 2017, OCC also filed this           Specifically, the Commission invites
                                                office of the Exchange. All comments                      proposal as an advance notice SR–OCC–2017–809           interested persons to provide views,
                                                received will be posted without change.                   (‘‘Advance Notice’’) with the Commission pursuant       data, and arguments concerning the
                                                                                                          to Section 806(e)(1) of Title VIII of the Dodd-Frank    Proposed Rule Change, including
                                                Persons submitting comments are                           Wall Street Reform and Consumer Protection Act,
                                                cautioned that we do not redact or edit                   entitled the Payment, Clearing, and Settlement          whether the Proposed Rule Change is
                                                personal identifying information from                     Supervision Act of 2010 (12 U.S.C. 5465(e)(1)) and      consistent with the Act and the
                                                comment submissions. You should                           Rule 19b–4(n)(1)(i) of the Act (17 CFR 240.19b–         applicable rules or regulations
                                                                                                          4(n)(1)(i)). Notice of filing of the Advance Notice     thereunder. Please note that comments
                                                submit only information that you wish                     was published for comment in the Federal Register
                                                to make available publicly. All                           on January 23, 2018. Securities Exchange Act            previously received on the substance of
                                                submissions should refer to File                          Release No. 82513 (Jan. 17, 2018), 83 FR 3244 (Jan.     the Proposed Rule Change will be
                                                                                                          23, 2018) (SR–OCC–2017–809).                            considered together with comments
                                                Number SR–CBOE–2018–043 and                                  On January 22, 2018, the Commission sent OCC         submitted in response to this notice.
                                                should be submitted on or before July                     a request for additional information, which tolls the
                                                                                                          Commission’s 60-day review period for the
                                                                                                                                                                  Therefore, while commenters are free to
                                                17, 2018.                                                                                                         submit additional comments at this
                                                                                                          Advance Notice. See Memorandum from Office of
                                                  For the Commission, by the Division of                  Clearance and Settlement, Division of Trading and       time, they need not re-submit earlier
                                                Trading and Markets, pursuant to delegated                Markets, dated January 23, 2018, available at           comments.
                                                authority.7                                               https://www.sec.gov/comments/sr-occ-2017-809/             Comments may be submitted by any
                                                                                                          occ2017809.htm. The new review period will be 60
                                                Eduardo A. Aleman,                                        days from the date the Commission receives the          of the following methods:
                                                Assistant Secretary.                                      information requested. See Section 806(e)(1). The
                                                                                                          proposal in the Proposed Rule Change and the
                                                                                                                                                                  Electronic Comments
                                                [FR Doc. 2018–13620 Filed 6–25–18; 8:45 am]               Advance Notice shall not take effect until all            • Use the Commission’s internet
                                                BILLING CODE 8011–01–P                                    regulatory actions required with respect to the         comment form (http://www.sec.gov/
                                                                                                          proposal are completed.
                                                                                                             4 Securities Exchange Act Release No. 82531 (Dec.    rules/sro.shtml); or
                                                                                                          19, 2017), 82 FR 61107 (Dec. 26, 2017) (SR–OCC–           • Send an email to rule-comments@
                                                                                                          2017–020).                                              sec.gov. Please include File Number SR–
                                                                                                             5 See Letter from Jacqueline H. Mesa, Senior Vice
                                                                                                                                                                  OCC–2017–020 on the subject line.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                          President of Global Policy, FIA, dated Jan. 16, 2018,
                                                                                                          available at https://www.sec.gov/comments/sr-occ-         6 15  U.S.C. 78s(b)(2)(B)(i).
                                                                                                          2017-020/occ2017020.htm. Since the proposal               7 See
                                                                                                          contained in the Proposed Rule Change was also                   Securities Exchange Act Release No. 82926
                                                                                                          filed as an Advance Notice, the Commission is           (March 22, 2018), 83 FR 13171 (March 27, 2018)
                                                                                                          considering all public comments received on the         (SR–OCC–2018–020).
                                                                                                                                                                    8 15 U.S.C. 78s(b)(2)(B)(ii).
                                                                                                          proposal regardless of whether the comments are
                                                                                                                                                                    9 Id.
                                                                                                          submitted to the Proposed Rule Change or the
                                                  7 17   CFR 200.30–3(a)(12).                             Advance Notice.                                           10 Id.




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                                                                                 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices                                                  29847

                                                Paper Comments                                            SECURITIES AND EXCHANGE                                   The Commission staff estimates that
                                                                                                          COMMISSION                                             5,837 respondents make approximately
                                                  • Send paper comments in triplicate                                                                            23,348 responses under the rule each
                                                to Secretary, Securities and Exchange                     Submission for OMB Review;                             year. The staff estimates that on average,
                                                Commission, 100 F Street NE,                              Comment Request                                        Form 13F filers spend 80.8 hours/year
                                                Washington, DC 20549–1090.                                                                                       to prepare and submit the report. In
                                                                                                          Upon Written Request, Copies Available
                                                All submissions should refer to File                       From: Securities and Exchange                         addition, the staff estimates that 223
                                                Number SR–OCC–2017–020. This file                          Commission, Office of FOIA Services,                  respondents file approximately 829
                                                number should be included on the                           100 F Street NE, Washington, DC                       amendments each year. The staff
                                                subject line if email is used. To help the                 20549–2736                                            estimates that on average, Form 13F
                                                Commission process and review your                                                                               filers spend 4 hours/year to prepare and
                                                                                                          Extension:
                                                comments more efficiently, please use                       Form 13F, SEC File No. 270–022, OMB                  submit amendments to Form 13F. The
                                                only one method. The Commission will                          Control No. 3235–0006                              total annual burden of the rule’s
                                                post all comments on the Commission’s                                                                            requirements for all respondents
                                                                                                             Notice is hereby given that, pursuant               therefore is estimated to be 472,521.6
                                                internet website (http://www.sec.gov/
                                                                                                          to the Paperwork Reduction Act of 1995                 hours [(471,629.6 hours (5,837 filers ×
                                                rules/sro.shtml). Copies of the                           (44 U.S.C. 3501, et seq.), the Securities
                                                submission, all subsequent                                                                                       80.8 hours)) + (892 (223 filers × 4
                                                                                                          and Exchange Commission (the
                                                amendments, all written statements                                                                               hours))].
                                                                                                          ‘‘Commission’’) has submitted to the
                                                with respect to the Proposed Rule                         Office of Management and Budget a                         The estimate of average burden hours
                                                Change that are filed with the                            request for extension of the previously                is made solely for the purposes of the
                                                Commission, and all written                               approved collection of information                     Paperwork Reduction Act. The estimate
                                                communications relating to the                            discussed below.                                       is not derived from a comprehensive or
                                                Proposed Rule Change between the                             Section 13(f) 1 of the Securities                   even a representative survey or study of
                                                Commission and any person, other than                     Exchange Act of 1934 2 (the ‘‘Exchange                 the costs of Commission rules. An
                                                those that may be withheld from the                       Act’’) empowers the Commission to: (1)                 agency may not conduct or sponsor, and
                                                public in accordance with the                             Adopt rules that create a reporting and                a person is not required to respond to,
                                                provisions of 5 U.S.C. 552, will be                       disclosure system to collect specific                  a collection of information unless it
                                                available for website viewing and                         information; and (2) disseminate such                  displays a currently valid control
                                                printing in the Commission’s Public                       information to the public. Rule 13f–1 3                number.
                                                Reference Room, 100 F Street NE,                          under the Exchange Act requires
                                                                                                                                                                    The public may view the background
                                                Washington, DC 20549, on official                         institutional investment managers that
                                                                                                                                                                 documentation for this information
                                                business days between the hours of                        exercise investment discretion over
                                                                                                          accounts that have in the aggregate a fair             collection at the following website,
                                                10:00 a.m. and 3:00 p.m. Copies of such                                                                          www.reginfo.gov. Comments should be
                                                filing also will be available for                         market value of at least $100,000,000 of
                                                                                                          certain U.S. exchange-traded equity                    directed to: (i) Desk Officer for the
                                                inspection and copying at the principal                                                                          Securities and Exchange Commission,
                                                office of OCC and on OCC’s website at                     securities, as set forth in rule 13f–1(c),
                                                                                                          to file quarterly reports with the                     Office of Information and Regulatory
                                                https://www.theocc.com/about/                                                                                    Affairs, Office of Management and
                                                publications/bylaws.jsp.                                  Commission on Form 13F.4
                                                                                                             The information collection                          Budget, Room 10102, New Executive
                                                   All comments received will be posted                   requirements apply to institutional                    Office Building, Washington, DC 20503,
                                                without change. Persons submitting                        investment managers that meet the $100                 or by sending an email to: Shagufta_
                                                comments are cautioned that we do not                     million reporting threshold. Section                   Ahmed@omb.eop.gov; and (ii) Pamela
                                                redact or edit personal identifying                       13(f)(6)(A) of the Exchange Act defines                Dyson, Director/Chief Information
                                                information from comment submissions.                     an ‘‘institutional investment manager’’                Officer, Securities and Exchange
                                                You should submit only information                        as any person, other than a natural                    Commission, c/o Candace Kenner, 100 F
                                                that you wish to make available                           person, investing in or buying and                     Street NE, Washington, DC 20549 or
                                                publicly.                                                 selling securities for its own account,                send an email to: PRA_Mailbox@
                                                   All submissions should refer to File                   and any person exercising investment                   sec.gov. Comments must be submitted to
                                                Number SR–OCC–2017–020 and should                         discretion with respect to the account of              OMB within 30 days of this notice.
                                                be submitted on or before July 11, 2018.                  any other person. Rule 13f–1(b) under
                                                                                                                                                                   Dated: June 18, 2018.
                                                Any person who wishes to file a rebuttal                  the Exchange Act defines ‘‘investment
                                                                                                          discretion’’ for purposes of Form 13F                  Eduardo A. Aleman,
                                                to any other person’s submission must
                                                                                                          reporting.                                             Assistant Secretary.
                                                file that rebuttal on or before July 17,
                                                2018.                                                        The reporting system required by                    [FR Doc. 2018–13685 Filed 6–25–18; 8:45 am]
                                                                                                          Section 13(f) of the Exchange Act is                   BILLING CODE 8011–01–P
                                                  For the Commission, by the Division of                  intended, among other things, to create
                                                Trading and Markets, pursuant to delegated                in the Commission a central repository
                                                authority.11                                              of historical and current data about the
                                                Eduardo A. Aleman,                                        investment activities of institutional
sradovich on DSK3GMQ082PROD with NOTICES




                                                Assistant Secretary.                                      investment managers, and to improve
                                                [FR Doc. 2018–13637 Filed 6–25–18; 8:45 am]               the body of factual data available to
                                                BILLING CODE 8011–01–P
                                                                                                          regulators and the public.

                                                                                                            1 15 U.S.C. 78m(f).
                                                                                                            2 15 U.S.C. 78a et seq.
                                                                                                            3 17 CFR 240.13f–1.
                                                  11 17   CFR 200.30–3(a)(57).                              4 17 CFR 249.325.




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Document Created: 2018-06-26 00:51:53
Document Modified: 2018-06-26 00:51:53
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 Citation83 FR 29846 

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