
[Federal Register: March 15, 2010 (Volume 75, Number 49)]
[Notices]               
[Page 12320-12321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr10-98]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61673; File No. SR-OCC-2010-02]

 
Self-Regulatory Organization; The Options Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to Adjustment Increments Applicable to Stock Futures

March 8, 2010.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 
1934,\1\ notice is hereby given that on February 26, 2010, The Options 
Clearing Corporation (``OCC'') filed with the Securities and Exchange 
Commission the proposed rule change as described in Items I, II, and 
III below, which Items have been prepared primarily by OCC. OCC filed 
the proposed rule change pursuant to section 19(b)(3)(A)(iii) of the 
Act \2\ and Rule 19b-4(f)(4) thereunder \3\ 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\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The proposed rule change will amend the definition of ``adjustment 
increment'' applicable to stock futures.

II. Self-Regulatory Organization'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 such statements.

[[Page 12321]]

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    The purpose of this rule change is to accommodate a request made by 
OneChicago LLC (``ONE'') to refine the adjustment increment when stock 
futures are adjusted in response to corporate actions. Currently, the 
adjustment increment for stock futures is the minimum increment in 
settlement prices, which is one cent ($.01). ONE desires to change the 
adjustment increment for stock futures to one hundredth of a cent 
($.0001). Daily settlement prices and trade prices would continue to be 
expressed in pennies on a per-contract basis. This change would affect 
any corporate action for which settlement prices are adjusted, 
including cash distributions.\4\
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    \4\ See OCC Article XII, Section 3(a), for a description of the 
general rules applicable to adjustments to stock futures.
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    As an example of the intended change, suppose a futures contract 
settlement price needs to be adjusted to reflect a $0.125 per share 
cash dividend. If the per-share settlement price is $50.00, the 
adjusted settlement price would be $50.00-$0.125 = $49.8750. If the 
closing settlement price the following day is $50.05, a mark-to-market 
of $50.05-$49.875 = $0.1750, or $17.50 per contract, would result. 
Prior to the change, the adjusted settlement price of $49.875 would 
have been rounded to $49.88. The resulting next day mark-to-market 
would have been $50.05-$49.88 = $0.17, or $17.00 per contract. In that 
case, $0.50 in mark-to-market value would not have been accounted for.
    OCC states that the proposed change is consistent with Section 17A 
of the Act \5\ because it facilitates the clearance and settlement of 
stock futures transactions by providing a more precise calculation of 
the impact of certain adjustments. OCC also states that the proposed 
rule change is not inconsistent with the existing rules of OCC 
including any other rules proposed to be amended.
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    \5\ 15 U.S.C. 78q-1.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any 
burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    OCC has not solicited or received written comments relating to the 
proposed rule change. OCC will notify the Commission of any written 
comments it receives.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(4) \7\ thereunder 
because it effects a change in an existing service of a registered 
clearing agency that does not adversely affect the safeguarding of 
securities or funds in the custody or control of the clearing agency or 
for which it is responsible and does not significantly affect the 
respective rights or obligations of the clearing agency or persons 
using the service. At any time within 60 days of the filing of the 
proposed rule change, the Commission may summarily abrogate such rule 
if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(4).
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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 e-mail to rule-comments@sec.gov. Please include 
File No. SR-OCC-2010-02 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-OCC-2010-02. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C 552, will be available for inspection and copying 
in the Commission's Public Reference Room, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at OCC's principal office and on OCC's Web site 
at http://www.theocc.com/publications/rules/proposed_changes/
proposed_changes.jspU. All comments received will be posted without 
change; the Commission does not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly. All submission should refer to File No. SR-
OCC-2010-02 and should be submitted on or before April 5, 2010.

    For the Commission by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-5534 Filed 3-12-10; 8:45 am]
BILLING CODE 8011-01-P

