83_FR_31123 83 FR 30996 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Facilitate Reporting Under Commodity Futures Trading Commission Regulations Applicable to Derivatives Clearing Organizations

83 FR 30996 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Facilitate Reporting Under Commodity Futures Trading Commission Regulations Applicable to Derivatives Clearing Organizations

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range30996-30997
FR Document2018-14113

Federal Register, Volume 83 Issue 127 (Monday, July 2, 2018)
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30996-30997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14113]



[[Page 30996]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83519; File No. SR-OCC-2018-009]


Self-Regulatory Organizations; The Options Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Facilitate Reporting Under Commodity Futures Trading Commission 
Regulations Applicable to Derivatives Clearing Organizations

June 26, 2018
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on June 15, 2018, The Options Clearing Corporation (``OCC'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I, II, and III below, which Items 
have been prepared by OCC. OCC filed the proposed rule change pursuant 
to Section 19(b)(3)(A \3\ of the Act and Rule 19b-4(f)(6) \4\ 
thereunder so that the proposal was effective upon filing with the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change by OCC would amend OCC Rule 601(e)(2) 
regarding customer information in data provided to OCC identifying the 
positions of each futures customer of a Clearing Member for purposes of 
calculating the initial margin requirement for segregated futures 
accounts. The proposed rule change is intended to facilitate reporting 
under Commodity Futures Trading Commission (``CFTC'') regulations 
applicable to Derivatives Clearing Organizations (``DCOs'') such as 
OCC. All terms with initial capitalization that are not otherwise 
defined herein have the same meaning as set forth in the OCC By-Laws 
and Rules.\5\
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    \5\ OCC's By-Laws and Rules can be found on OCC's public 
website: http://optionsclearing.com/about/publications/bylaws.jsp.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

    In its filing with the Commission, OCC included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. OCC has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of these 
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

(1) Purpose
    The purpose of the proposed rule change is to amend the provisions 
of OCC Rule 601(e)(2) with respect to information regarding the 
identity of customers included in data provided to OCC identifying the 
positions of each futures customer of a Clearing Member for purposes of 
calculating the initial margin requirement for segregated futures 
accounts. The proposed rule change removes the provisions that require 
``a unique alphanumeric customer identifier for each such customer'' 
and that provide that information submitted to OCC pursuant to Rule 
601(e)(2) ``shall not include any indication of the identity of any 
customer or other personal information of a customer.'' As described 
below, the removal of these provisions will allow OCC to perform daily 
reporting consistent with applicable CFTC regulations and associated 
guidance.
    On November 8, 2011, the CFTC adopted reporting rules for DCOs in 
CFTC Regulation 39.19 that cover daily, quarterly, annual, and event-
specific reporting.\6\ The reporting requirements in Regulation 39.19 
had a compliance date of November 8, 2012.\7\ For daily reporting, 
paragraph (c)(1) of Regulation 39.19 requires DCOs to submit reports 
with certain initial margin, variation margin, cash flows, and end-of-
day positions for each Clearing Member, by house origin and by each 
customer origin. In adopting these daily reporting requirements, the 
CFTC stated that ``[t]he overall purpose of receiving the daily data is 
to enable [CFTC] staff to analyze the data on a regular basis so that 
it can detect certain trends or unusual activity on a timely basis.'' 
\8\
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    \6\ See 17 CFR 39.19(c); see also Derivatives Clearing 
Organization General Provisions and Core Principles, 76 FR 69334 
(Nov. 8, 2011). OCC is a DCO as that term is defined in applicable 
CFTC regulations. See 17 CFR 1.3.
    \7\ See 76 FR 69334.
    \8\ 76 FR 69334, at 69400.
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    CFTC Regulation 39.19 requires a DCO to report certain information 
in a format and manner specified by the CFTC.\9\ Since the regulation's 
adoption, the CFTC has published a ``Guidebook for Daily Reports'' 
(``Guidebook'') that provides guidance and specifications to DCOs for 
submitting their daily reports under Regulation 39.19. Generally, daily 
reports must include, for each Clearing Member, information related to 
initial margin, daily variation margin, daily cash flows related to 
clearing and settlement, and end-of-day positions, by house origin and 
by each customer origin, for all futures, options, and swaps positions, 
and all securities positions held in a segregated account or pursuant 
to a cross margining agreement. The most recent version of the 
Guidebook--Version 9.2--was published in December 2017; however, 
Version 9.1, which was published earlier in 2017, introduced new 
reporting specifications that can be met only if OCC amends Rule 
601(e)(2) as described below. Specifically, Section 2.1.2.2 of the 
Guidebook requires DCOs (other than exempt DCOs) to ``provide the 
clearing members' customer information that properly describes the 
margins reported'' by reporting customer names and legal entity 
identifiers (``LEIs'').
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    \9\ See 17 CFR 39.19(b).
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    The Guidebook acknowledges that, at the time of its publication, 
customer-level information may not be available for all DCOs. Indeed, 
following publication of Version 9.1 of the Guidebook, the CFTC 
provided informal guidance to DCOs in August 2017 noting that the CFTC 
was aware that DCOs may not have names and LEIs for all customer 
accounts that they clear and understood that DCOs and futures 
commission merchants would begin a project in the near future to obtain 
names and LEIs for their customers.
    OCC makes its daily reports to the CFTC in accordance with 
Regulation 39.19 based on information it receives from its Clearing 
Members. OCC Rule 601(e)(2) requires each Clearing Member to submit to 
OCC on each business day a data file that identifies the positions in 
segregated futures accounts of each futures customer of the Clearing 
Member using a unique alphanumeric customer identifier for each such 
customer. The rule, however, specifically requires Clearing Members to 
use a ``unique alphanumeric customer identifier for each customer'' and 
provides that ``such identifiers shall not include any indication of 
the identity of any customer or other personal information of a 
customer.'' For these segregated futures accounts, OCC prohibits 
Clearing Members from providing information such as customer name and 
LEI; thus, OCC does not currently have this information to include in 
its daily reports to the CFTC and is not able to provide customer-

[[Page 30997]]

level information with respect to these accounts in accordance with the 
Guidebook specifications. Consequently, OCC is proposing to delete the 
customer identifier provisions from Rule 601(e)(2) so that Clearing 
Members can provide customer names and LEIs to OCC so that it can, in 
turn, provide this information on daily reports to the CFTC consistent 
with the CFTC staff guidance on daily reporting requirements under 
Regulation 39.19.
(2) Statutory Basis
    Section 17A(b)(3)(F) of the Act requires, among other things, that 
the rules of a clearing agency be designed, in general, to protect 
investors and the public interest.\10\ OCC believes that the proposed 
rule change is consistent with Section 17A(b)(3)(F) of the Act.\11\ As 
noted above, OCC Rule 601(e)(2) requires each Clearing Member to submit 
to OCC on each business day a data file that identifies the positions 
in segregated futures accounts of each futures customer of the Clearing 
Member using a unique alphanumeric customer identifier for each such 
customer. The proposed rule change would remove this provision and the 
requirement that ``such identifiers shall not include any indication of 
the identity of any customer or other personal information of a 
customer.'' Once these provisions are removed, Clearing Members can 
provide this information to OCC, who can then provide it to the CFTC in 
accordance with the Guidebook specifications. This will enhance the 
CFTC staff's ability to perform its oversight function with the 
information it deems necessary, which promotes the protection of 
investors and the public interest.
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
    \11\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a 
clearing agency not impose any burden on competition not necessary or 
appropriate in furtherance of the Act.\12\ OCC does not believe that 
the proposed rule change would impose any burden on competition. 
Rather, the proposed rule change removes an existing restriction on the 
data provided to OCC by its Clearing Members regarding customers with 
segregated futures accounts. As discussed above, this will then allow 
OCC to provide this information to the CFTC, consistent with the CFTC 
staff guidance on daily reporting requirements under Regulation 39.19, 
who uses the information in performing its statutory mandate.
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    \12\ 15 U.S.C. 78q-1(b)(3)(I).
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants or Others

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

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

    Pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6)\14\ thereunder, the proposed rule change is filed for immediate 
effectiveness because it does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate.\15\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ OCC provided the Commission with written notice of its 
intent to file the proposed rule change, along with a brief 
description and text of the proposed rule change, at least five 
business days prior to the date of filing of the proposed rule 
change or such shorter time as designated by the Commission.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.\16\
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    \16\ Notwithstanding its immediate effectiveness, implementation 
of this rule change will be delayed until this change is deemed 
certified under CFTC Rule 40.6.
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-OCC-2018-009 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2018-009. 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/components/docs/legal/rules_and_bylaws/sr_occ_18_009.pdf.
    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-2018-009 and 
should be submitted on or before July 23, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14113 Filed 6-29-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               30996                           Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices

                                               SECURITIES AND EXCHANGE                                 proposed rule change and discussed any                 for Daily Reports’’ (‘‘Guidebook’’) that
                                               COMMISSION                                              comments it received on the proposed                   provides guidance and specifications to
                                                                                                       rule change. The text of these statements              DCOs for submitting their daily reports
                                               [Release No. 34–83519; File No. SR–OCC–
                                               2018–009]
                                                                                                       may be examined at the places specified                under Regulation 39.19. Generally, daily
                                                                                                       in Item IV below. OCC has prepared                     reports must include, for each Clearing
                                               Self-Regulatory Organizations; The                      summaries, set forth in sections (A), (B),             Member, information related to initial
                                               Options Clearing Corporation; Notice                    and (C) below, of the most significant                 margin, daily variation margin, daily
                                               of Filing and Immediate Effectiveness                   aspects of these statements.                           cash flows related to clearing and
                                               of Proposed Rule Change To Facilitate                                                                          settlement, and end-of-day positions, by
                                                                                                       (A) Clearing Agency’s Statement of the
                                               Reporting Under Commodity Futures                                                                              house origin and by each customer
                                                                                                       Purpose of, and Statutory Basis for, the
                                               Trading Commission Regulations                                                                                 origin, for all futures, options, and
                                                                                                       Proposed Rule Change
                                               Applicable to Derivatives Clearing                                                                             swaps positions, and all securities
                                               Organizations                                           (1) Purpose                                            positions held in a segregated account
                                                                                                          The purpose of the proposed rule                    or pursuant to a cross margining
                                               June 26, 2018                                                                                                  agreement. The most recent version of
                                                                                                       change is to amend the provisions of
                                                  Pursuant to Section 19(b)(1) of the                                                                         the Guidebook—Version 9.2—was
                                                                                                       OCC Rule 601(e)(2) with respect to
                                               Securities Exchange Act of 1934                                                                                published in December 2017; however,
                                                                                                       information regarding the identity of
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                        Version 9.1, which was published
                                                                                                       customers included in data provided to
                                               notice is hereby given that on June 15,                                                                        earlier in 2017, introduced new
                                                                                                       OCC identifying the positions of each
                                               2018, The Options Clearing Corporation                                                                         reporting specifications that can be met
                                                                                                       futures customer of a Clearing Member
                                               (‘‘OCC’’) filed with the Securities and                                                                        only if OCC amends Rule 601(e)(2) as
                                                                                                       for purposes of calculating the initial
                                               Exchange Commission (‘‘Commission’’)                                                                           described below. Specifically, Section
                                                                                                       margin requirement for segregated
                                               the proposed rule change as described                                                                          2.1.2.2 of the Guidebook requires DCOs
                                                                                                       futures accounts. The proposed rule
                                               in Items I, II, and III below, which Items                                                                     (other than exempt DCOs) to ‘‘provide
                                                                                                       change removes the provisions that
                                               have been prepared by OCC. OCC filed                                                                           the clearing members’ customer
                                                                                                       require ‘‘a unique alphanumeric
                                               the proposed rule change pursuant to                                                                           information that properly describes the
                                                                                                       customer identifier for each such
                                               Section 19(b)(3)(A 3 of the Act and Rule                                                                       margins reported’’ by reporting
                                                                                                       customer’’ and that provide that
                                               19b–4(f)(6) 4 thereunder so that the                                                                           customer names and legal entity
                                                                                                       information submitted to OCC pursuant
                                               proposal was effective upon filing with                                                                        identifiers (‘‘LEIs’’).
                                                                                                       to Rule 601(e)(2) ‘‘shall not include any
                                               the Commission. The Commission is                                                                                 The Guidebook acknowledges that, at
                                                                                                       indication of the identity of any
                                               publishing this notice to solicit                                                                              the time of its publication, customer-
                                                                                                       customer or other personal information
                                               comments on the proposed rule change                                                                           level information may not be available
                                                                                                       of a customer.’’ As described below, the
                                               from interested persons.                                                                                       for all DCOs. Indeed, following
                                                                                                       removal of these provisions will allow
                                               I. Clearing Agency’s Statement of the                   OCC to perform daily reporting                         publication of Version 9.1 of the
                                               Terms of Substance of the Proposed                      consistent with applicable CFTC                        Guidebook, the CFTC provided informal
                                               Rule Change                                             regulations and associated guidance.                   guidance to DCOs in August 2017
                                                                                                          On November 8, 2011, the CFTC                       noting that the CFTC was aware that
                                                  The proposed rule change by OCC                                                                             DCOs may not have names and LEIs for
                                               would amend OCC Rule 601(e)(2)                          adopted reporting rules for DCOs in
                                                                                                       CFTC Regulation 39.19 that cover daily,                all customer accounts that they clear
                                               regarding customer information in data                                                                         and understood that DCOs and futures
                                               provided to OCC identifying the                         quarterly, annual, and event-specific
                                                                                                       reporting.6 The reporting requirements                 commission merchants would begin a
                                               positions of each futures customer of a                                                                        project in the near future to obtain
                                               Clearing Member for purposes of                         in Regulation 39.19 had a compliance
                                                                                                       date of November 8, 2012.7 For daily                   names and LEIs for their customers.
                                               calculating the initial margin                                                                                    OCC makes its daily reports to the
                                               requirement for segregated futures                      reporting, paragraph (c)(1) of Regulation
                                                                                                       39.19 requires DCOs to submit reports                  CFTC in accordance with Regulation
                                               accounts. The proposed rule change is                                                                          39.19 based on information it receives
                                               intended to facilitate reporting under                  with certain initial margin, variation
                                                                                                       margin, cash flows, and end-of-day                     from its Clearing Members. OCC Rule
                                               Commodity Futures Trading                                                                                      601(e)(2) requires each Clearing Member
                                                                                                       positions for each Clearing Member, by
                                               Commission (‘‘CFTC’’) regulations                                                                              to submit to OCC on each business day
                                                                                                       house origin and by each customer
                                               applicable to Derivatives Clearing                                                                             a data file that identifies the positions
                                                                                                       origin. In adopting these daily reporting
                                               Organizations (‘‘DCOs’’) such as OCC.                                                                          in segregated futures accounts of each
                                                                                                       requirements, the CFTC stated that
                                               All terms with initial capitalization that                                                                     futures customer of the Clearing
                                                                                                       ‘‘[t]he overall purpose of receiving the
                                               are not otherwise defined herein have                                                                          Member using a unique alphanumeric
                                                                                                       daily data is to enable [CFTC] staff to
                                               the same meaning as set forth in the                                                                           customer identifier for each such
                                                                                                       analyze the data on a regular basis so
                                               OCC By-Laws and Rules.5                                                                                        customer. The rule, however,
                                                                                                       that it can detect certain trends or
                                               II. Clearing Agency’s Statement of the                  unusual activity on a timely basis.’’ 8                specifically requires Clearing Members
                                               Purpose of, and Statutory Basis for, the                   CFTC Regulation 39.19 requires a                    to use a ‘‘unique alphanumeric
                                               Proposed Rule Change                                    DCO to report certain information in a                 customer identifier for each customer’’
                                                                                                       format and manner specified by the                     and provides that ‘‘such identifiers shall
                                                  In its filing with the Commission,                                                                          not include any indication of the
                                                                                                       CFTC.9 Since the regulation’s adoption,
                                               OCC included statements concerning                                                                             identity of any customer or other
                                                                                                       the CFTC has published a ‘‘Guidebook
                                               the purpose of and basis for the                                                                               personal information of a customer.’’
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         6 See 17 CFR 39.19(c); see also Derivatives          For these segregated futures accounts,
                                                 1 15 U.S.C. 78s(b)(1).                                Clearing Organization General Provisions and Core      OCC prohibits Clearing Members from
                                                 2 17 CFR 240.19b–4.
                                                                                                       Principles, 76 FR 69334 (Nov. 8, 2011). OCC is a       providing information such as customer
                                                 3 15 U.S.C. 78s(b)(3)(A).                             DCO as that term is defined in applicable CFTC
                                                 4 17 CFR 240.19b–4(f)(6).                             regulations. See 17 CFR 1.3.                           name and LEI; thus, OCC does not
                                                 5 OCC’s By-Laws and Rules can be found on               7 See 76 FR 69334.                                   currently have this information to
                                               OCC’s public website: http://optionsclearing.com/         8 76 FR 69334, at 69400.                             include in its daily reports to the CFTC
                                               about/publications/bylaws.jsp.                            9 See 17 CFR 39.19(b).                               and is not able to provide customer-


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                                                                                   Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices                                                     30997

                                               level information with respect to these                     Regulation 39.19, who uses the                           Paper Comments
                                               accounts in accordance with the                             information in performing its statutory                     • Send paper comments in triplicate
                                               Guidebook specifications.                                   mandate.                                                 to Brent J. Fields, Secretary, Securities
                                               Consequently, OCC is proposing to                                                                                    and Exchange Commission, 100 F Street
                                                                                                           (C) Clearing Agency’s Statement on
                                               delete the customer identifier provisions                                                                            NE, Washington, DC 20549–1090.
                                                                                                           Comments on the Proposed Rule
                                               from Rule 601(e)(2) so that Clearing
                                                                                                           Change Received From Members,                            All submissions should refer to File
                                               Members can provide customer names
                                                                                                           Participants or Others                                   Number SR–OCC–2018–009. This file
                                               and LEIs to OCC so that it can, in turn,
                                               provide this information on daily                                                                                    number should be included on the
                                                                                                             Written comments on the proposed                       subject line if email is used. To help the
                                               reports to the CFTC consistent with the                     rule change were not and are not
                                               CFTC staff guidance on daily reporting                                                                               Commission process and review your
                                                                                                           intended to be solicited with respect to                 comments more efficiently, please use
                                               requirements under Regulation 39.19.                        the proposed rule change and none have                   only one method. The Commission will
                                               (2) Statutory Basis                                         been received.                                           post all comments on the Commission’s
                                                 Section 17A(b)(3)(F) of the Act                           III. Date of Effectiveness of the                        internet website (http://www.sec.gov/
                                               requires, among other things, that the                      Proposed Rule Change and Timing for                      rules/sro.shtml). Copies of the
                                               rules of a clearing agency be designed,                     Commission Action                                        submission, all subsequent
                                               in general, to protect investors and the                                                                             amendments, all written statements
                                               public interest.10 OCC believes that the                       Pursuant to Section 19(b)(3)(A) of the                with respect to the proposed rule
                                               proposed rule change is consistent with                     Act 13 and Rule 19b–4(f)(6)14                            change that are filed with the
                                               Section 17A(b)(3)(F) of the Act.11 As                       thereunder, the proposed rule change is                  Commission, and all written
                                               noted above, OCC Rule 601(e)(2)                             filed for immediate effectiveness                        communications relating to the
                                               requires each Clearing Member to                            because it does not: (i) Significantly                   proposed rule change between the
                                               submit to OCC on each business day a                        affect the protection of investors or the                Commission and any person, other than
                                               data file that identifies the positions in                  public interest; (ii) impose any                         those that may be withheld from the
                                               segregated futures accounts of each                         significant burden on competition; and                   public in accordance with the
                                               futures customer of the Clearing                            (iii) become operative for 30 days from                  provisions of 5 U.S.C. 552, will be
                                               Member using a unique alphanumeric                          the date on which it was filed, or such                  available for website viewing and
                                               customer identifier for each such                           shorter time as the Commission may                       printing in the Commission’s Public
                                               customer. The proposed rule change                          designate.15                                             Reference Room, 100 F Street NE,
                                               would remove this provision and the                            At any time within 60 days of the                     Washington, DC 20549, on official
                                               requirement that ‘‘such identifiers shall                   filing of the proposed rule change, the                  business days between the hours of
                                               not include any indication of the                           Commission summarily may                                 10:00 a.m. and 3:00 p.m. Copies of such
                                               identity of any customer or other                           temporarily suspend such rule change if                  filing also will be available for
                                               personal information of a customer.’’                       it appears to the Commission that such                   inspection and copying at the principal
                                               Once these provisions are removed,                          action is necessary or appropriate in the                office of OCC and on OCC’s website at
                                               Clearing Members can provide this                           public interest, for the protection of                   https://www.theocc.com/components/
                                               information to OCC, who can then                            investors, or otherwise in furtherance of                docs/legal/rules_and_bylaws/sr_occ_18_
                                               provide it to the CFTC in accordance                        the purposes of the Act.16                               009.pdf.
                                               with the Guidebook specifications. This                                                                                 All comments received will be posted
                                                                                                           IV. Solicitation of Comments                             without change. Persons submitting
                                               will enhance the CFTC staff’s ability to
                                               perform its oversight function with the                       Interested persons are invited to                      comments are cautioned that we do not
                                               information it deems necessary, which                       submit written data, views and                           redact or edit personal identifying
                                               promotes the protection of investors and                    arguments concerning the foregoing,                      information from comment submissions.
                                               the public interest.                                        including whether the proposed rule                      You should submit only information
                                                                                                           change is consistent with the Act.                       that you wish to make available
                                               (B) Clearing Agency’s Statement on                                                                                   publicly.
                                               Burden on Competition                                       Comments may be submitted by any of
                                                                                                           the following methods:                                      All submissions should refer to File
                                                 Section 17A(b)(3)(I) of the Act                                                                                    Number SR–OCC–2018–009 and should
                                               requires that the rules of a clearing                       Electronic Comments                                      be submitted on or before July 23, 2018.
                                               agency not impose any burden on
                                                                                                             • Use the Commission’s internet                          For the Commission, by the Division of
                                               competition not necessary or                                                                                         Trading and Markets, pursuant to delegated
                                                                                                           comment form (http://www.sec.gov/
                                               appropriate in furtherance of the Act.12                                                                             authority.17
                                                                                                           rules/sro.shtml); or
                                               OCC does not believe that the proposed                                                                               Eduardo A. Aleman,
                                               rule change would impose any burden                           • Send an email to rule-comments@
                                                                                                                                                                    Assistant Secretary.
                                               on competition. Rather, the proposed                        sec.gov. Please include File Number SR–
                                                                                                                                                                    [FR Doc. 2018–14113 Filed 6–29–18; 8:45 am]
                                               rule change removes an existing                             OCC–2018–009 on the subject line.
                                                                                                                                                                    BILLING CODE 8011–01–P
                                               restriction on the data provided to OCC
                                                                                                             13 15 U.S.C. 78s(b)(3)(A).
                                               by its Clearing Members regarding
                                                                                                             14 17 CFR 240.19b–4(f)(6).
                                               customers with segregated futures                                                                                    SECURITIES AND EXCHANGE
                                                                                                             15 OCC provided the Commission with written
                                               accounts. As discussed above, this will                     notice of its intent to file the proposed rule change,   COMMISSION
                                               then allow OCC to provide this
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                           along with a brief description and text of the
                                               information to the CFTC, consistent                         proposed rule change, at least five business days        Sunshine Act Meetings
                                               with the CFTC staff guidance on daily                       prior to the date of filing of the proposed rule
                                                                                                           change or such shorter time as designated by the         FEDERAL REGISTER CITATION OF PREVIOUS
                                               reporting requirements under                                Commission.
                                                                                                             16 Notwithstanding its immediate effectiveness,
                                                                                                                                                                    ANNOUNCEMENT: 83 Federal Register
                                                 10 15    U.S.C. 78q-1(b)(3)(F).                           implementation of this rule change will be delayed       29838, 26 June 2018.
                                                 11 Id.
                                                                                                           until this change is deemed certified under CFTC
                                                 12 15    U.S.C. 78q–1(b)(3)(I).                           Rule 40.6.                                                 17 17   CFR 200.30–3(a)(12).



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Document Created: 2018-06-30 00:17:25
Document Modified: 2018-06-30 00:17:25
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 30996 

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