
[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Notices]
[Pages 77525-77526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30441]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71090; File No. SR-OCC-2013-22]


Self-Regulatory Organizations; Options Clearing Corporation; 
Notice of Filing of Proposed Rule Change To Make a Non-Material 
Housekeeping Rule Change So That OCC's Membership Qualifications 
Accurately Reflect Current Operational Practices

December 17, 2013.
    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 December 6, 2013, 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. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The purpose of this proposed rule change is to make a non-material 
``housekeeping'' change to OCC's membership standards so that such 
standards better reflect current operational practices.

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.

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

(i) Purpose
    The purpose of this proposed rule change is to make a non-material 
``housekeeping'' change to OCC's membership standards so that such 
standards better reflect current operational practices. Prior to 
electronic trading, clearing members were required to have the 
operational capacity to manually compare trades and reconcile 
unconfirmed and advisory trades, in accordance with applicable exchange 
rules and procedures, on a timely and efficient basis so that financial 
markets, and specifically clearing operations, functioned in a prompt 
and accurate manner. Accordingly, Article V, Section 1, Interpretations 
and Policies .02(b) of OCC's By-Laws required clearing member 
applicants to have such operational capacity as a condition to 
admission as a clearing member. However, due to industry-wide 
implementation of electronic systems and processes, manual trade 
comparison and reconciliation by clearing members no longer occurs. 
Accordingly, OCC's membership requirement mandating that clearing 
members have the capacity to manually compare and reconcile trades is 
no longer required. Also, OCC only receives matched trades from 
exchanges and exchange rules and procedures regarding manual trade 
comparison and reconciliation are obsolete. Therefore, OCC proposes to 
remove its membership requirement concerning a clearing members' 
operational capacity to manually compare trades and reconcile 
unconfirmed and advisory trades on a timely and efficient basis as it 
is no longer applicable.
(ii) Statutory Basis
    OCC believes that the proposed rule change is consistent with 
Section 17A(b)(3)(F) of the Act \3\ because it helps foster cooperation 
and coordination with persons engaged in the clearance and settlement 
of securities transactions as well as removes impediments to and 
perfects the mechanism of a national system for the prompt and accurate

[[Page 77526]]

clearance and settlement of securities transactions. The proposed 
change will update OCC's By-Laws to better reflect the current 
operational and technological environment of OCC and its clearing 
members by removing a legacy membership requirement. The proposed rule 
change is not inconsistent with any rules of OCC, including those 
proposed to be amended.
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    \3\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impact, or 
impose a burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.\4\ The proposed change, which 
will apply to all clearing members, is housekeeping in nature and will 
better align OCC's membership requirements with both its own as well as 
its clearing members' current operational practices. Accordingly, the 
proposed change will reduce unnecessary administrative burdens on its 
clearing members, including any such burdens that may impact 
competition.
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    \4\ 15 U.S.C. 78q-1(b)(3)(I).
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C. Self-Regulatory Organization'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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ), or
     Send an email to rule-comment@sec.gov. Please include File 
Number SR-OCC-2013-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2013-22. 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 of submission. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml ). Copies of the submission, all subsequent amendments, 
all written statements with respect to the proposed rule change that 
are filed with the Commission, and all written communications relating 
to the proposed rule change between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C 552, will be available for Web site 
viewing and printing in the Commission's Public Reference Room Section 
located at 100 F Street, NE., Washington DC 20549-1090 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 Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_2013_22.pdf.
    All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-OCC-2013-22 
and should be submitted on or before January 13, 2014.

    For the Commission by the Division of Trading and Markets, 
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30441 Filed 12-20-13; 8:45 am]
BILLING CODE 8011-01-P


