Notice2025-02944

Self-Regulatory Organizations; the Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update the Options Clearing Corporation's Schedule of Fees

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Published
February 24, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 90 Issue 35 (Monday, February 24, 2025)</title>
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[Federal Register Volume 90, Number 35 (Monday, February 24, 2025)]
[Notices]
[Page 10544]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02944]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-102437; File No. SR-OCC-2025-002]


Self-Regulatory Organizations; the Options Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Update the Options Clearing Corporation's Schedule of Fees

February 18, 2025.
    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 February 14, 2025, the Options Clearing Corporation (``Clearing 
Agency'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Item I below, 
which Item has been substantially prepared by the Clearing Agency. The 
Clearing Agency has designated this proposal for immediate 
effectiveness pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 
19b-4(f) thereunder.\4\ 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). 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. If the Commission takes such action, the 
Commission will institute proceedings to determine whether the 
proposed rule change should be approved or disapproved.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Clearing Agency proposes to revise its schedule of fees, 
effective February 14, 2025, to implement an increase in clearing 
fees.\5\ Specifically, OCC proposes to increase the per contract 
clearing fee from $0.02 to $0.025 and to remove the flat per 
transaction fee (currently $55.00 for transactions of 2,751 or more 
contracts) entirely. Pursuant to OCC's Capital Management Policy, which 
the Commission has approved as an OCC rule, the fee change is designed 
to address OCC's anticipated cash flow needs based on interest rate 
forecasts, projected operating expenses, projected volumes, and capital 
needs. Proposed changes to OCC's schedule of fees are included [sic] as 
Exhibit 5 to File Number SR-OCC-2025-002. Material proposed to be added 
to OCC's schedule of fees as currently in effect is underlined and 
material proposed to be deleted is marked in strikethrough text. All 
capitalized terms not defined herein have the same meaning as set forth 
in the OCC By-Laws and Rules.\6\
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    \5\ OCC initially filed a proposed rule change regarding the 
changes to its clearing fees on December 19, 2024, with an effective 
date of January 1, 2025 (File No. SR-OCC-2024-017). On February 14, 
2025, OCC withdrew File No. SR-OCC-2024-017 and resubmitted this 
proposed rule change.
    \6\ OCC's By-Laws and Rules can be found on OCC's public 
website: <a href="https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules">https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules</a>.
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    The proposed rule change, including the Clearing Agency's statement 
of the purpose of, and statutory basis for, the proposed rule change, 
is available on the Clearing Agency's website at <a href="https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules">https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules</a> and on the Commission's website at <a href="https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/OCC?file_number=SR-OCC-2025-002">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/OCC?file_number=SR-OCC-2025-002</a>.

II. 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.\7\ Comments may be submitted 
electronically by using the Commission's internet comment form (<a href="https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/OCC?file_number=SR-OCC-2025-002">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/OCC?file_number=SR-OCC-2025-002</a>) or by sending an email to <a href="/cdn-cgi/l/email-protection#7103041d145c121e1c1c141f0502310214125f161e07"><span class="__cf_email__" data-cfemail="ec9e998089c18f8381818982989fac9f898fc28b839a">[email&#160;protected]</span></a>. Please include file number SR-OCC-2025-002 on the 
subject line. Alternatively, paper comments may be sent to Secretary, 
Securities and Exchange Commission, 100 F Street NE, Washington, DC 
20549-1090. All submissions should refer to file number SR- OCC-2025-
002. 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 (<a href="https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/OCC?file_number=SR-OCC-2025-002">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/OCC?file_number=SR-OCC-2025-002</a>). Do not include personal identifiable 
information in submissions; you should submit only information that you 
wish to make available publicly. We may redact in part or withhold 
entirely from publication submitted material that is obscene or subject 
to copyright protection. All submissions should refer to file number 
SR-OCC-2025-002 and should be submitted on or before March 17, 2025.
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    \7\ 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 a.m. and 3 p.m. Copies of the filing also will be 
available for inspection and copying at the principal office of SRO.

    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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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-02944 Filed 2-21-25; 8:45 am]
BILLING CODE 8011-01-P


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