Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 78547 

17 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 73601 

(November 14, 2014), 79 FR 69170 (November 20, 

2014) (SR–ISE–2014–51). 4 15 U.S.C. 78f. 

5 15 U.S.C. 78f(b)(4). 

6 15 U.S.C. 78f(b)(8). 

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 Web site 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 the 

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_14_

24.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–2014–24 and should 

be submitted on or before January 20, 

2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Brent J. Fields, 

Secretary. 

[FR Doc. 2014–30443 Filed 12–29–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73889; File No. SR–

ISEGemini–2014–30] 

Self-Regulatory Organizations; ISE 

Gemini, LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the Schedule 

of Fees 

December 19, 2014. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

15, 2014, ISE Gemini, LLC (the 

‘‘Exchange’’ or ‘‘ISE Gemini’’) filed with 

the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

the proposed rule change, as described 

in Items I, II, and III below, which Items 

have been prepared by the selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

ISE Gemini is proposing to amend 

language in the Schedule of Fees related 

to excluding days from its average daily 

volume (‘‘ADV’’) calculations when the 

market is not open for the entire trading 

day. The text of the proposed rule 

change is available on the Exchange’s 

Internet Web site at http://www.ise.com, 

at the principal office of the Exchange, 

and at the Commission’s Public 

Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange 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. The 

self-regulatory organization 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 

1. Purpose 

The Exchange proposes to amend 

language in the Schedule of Fees related 

to excluding days from its ADV 

calculations when the market is not 

open for the entire trading day. The 

Exchange currently provides tiered fees 

and rebates to market participants based 

on members’ ADV in a given month. In 

determining applicable tiers, the 

Exchange may exclude from its ADV 

calculation any day that the market is 

not open for the entire trading day. This 

allows the Exchange to exclude days, for 

example, where the Exchange declares a 

trading halt in all securities, honors a 

market-wide trading halt declared by 

another market, or closes early for 

holiday observance. On November 3, 

2013, the Exchange’s affiliate, the 

International Securities Exchange, LLC 

(‘‘ISE’’), amended its Schedule of Fees 

to permit it to exclude days only for 

those members that would have a lower 

ADV with the day included.3 As noted 

in the ISE proposed rule filing, some 

members may be inadvertently 

disadvantaged when a day is removed 

from the ADV calculation if the member 

continues to trade significant volume on 

that day. In order to prevent this 

undesirable result, and preserve the 

Exchange’s intent behind adopting 

volume-based pricing, ISE Gemini 

proposes to adopt language similar to 

ISE, allowing the Exchange to exclude 

days from its ADV calculation only for 

members that would have a lower ADV 

with the day included. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,4

in general, and Section 6(b)(4) of the 

Act,5 in particular, in that it is designed 

to provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and other persons 

using its facilities. The Exchange 

believes that it is reasonable and 

equitable to only exclude a day from its 

ADV calculations for members that 

would otherwise have a lower ADV for 

the month as this preserves the 

Exchange’s intent behind adopting 

volume-based pricing, and avoids 

penalizing members that continue to 

actively trade during excluded days. 

Without this change, members that step 

up and trade significant volume on days 

where the market is not open for the 

entire trading day may be negatively 

impacted, resulting in an effective cost 

increase for those members. The 

Exchange further believes that the 

proposed rule change is not unfairly 

discriminatory because it applies 

equally to all members and ADV 

calculations. As is ISE Gemini’s current 

practice, the Exchange will provide a 

notice, and post it on the Exchange’s 

Web site, to inform members of any day 

that is to be excluded from its ADV 

calculations in connection with this 

proposed rule change. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

In accordance with Section 6(b)(8) of 

the Act,6 the Exchange does not believe 

that the proposed rule change will 

impose any burden on intermarket or 

intramarket competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. The 

Exchange believes that the proposed 

mstockstill on DSK4VPTVN1PROD with NOTICES

78548 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 

7 15 U.S.C. 78s(b)(3)(A)(ii). 

8 17 CFR 240.19b–4(f)(2). 9 17 CFR 200.30–3(a)(12). 

modifications to its ADV calculation are 

pro-competitive and will result in lower 

total costs to end users, a positive 

outcome of competitive markets. The 

Exchange operates in a highly 

competitive market in which market 

participants can readily direct their 

order flow to competing venues. In such 

an environment, the Exchange must 

continually review, and consider 

adjusting, its fees and rebates to remain 

competitive with other exchanges. For 

the reasons described above, the 

Exchange believes that the proposed fee 

changes reflect this competitive 

environment. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

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)(ii) of the Act,7 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder,8 because it establishes a 

due, fee, or other charge imposed by ISE 

Gemini. 

At any time within 60 days of the 

filing of such 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 shall institute proceedings 

to determine whether the proposed rule 

should be approved or 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-comments@

sec.gov. Please include File Number SR– 

ISEGemini–2014–30 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–ISEGemini–2014–30. 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 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, 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 the Exchange. 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– 

ISEGemini–2014–30, and should be 

submitted on or before January 20, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Brent J. Fields, 

Secretary. 

[FR Doc. 2014–30226 Filed 12–29–14; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

Bureau of International Security and 

Nonproliferation 

[Public Notice 8986] 

Imposition of Nonproliferation 

Measures Against Foreign Persons, 

Including a Ban on U.S. Government 

Procurement 

AGENCY: Bureau of International 

Security and Nonproliferation, 

Department of State. 

ACTION: Notice. 

SUMMARY: A determination has been 

made that a number of foreign persons 

have engaged in activities that warrant 

the imposition of measures pursuant to 

Section 3 of the Iran, North Korea, and 

Syria Nonproliferation Act. The Act 

provides for penalties on entities and 

individuals for the transfer to or 

acquisition from Iran since January 1, 

1999; the transfer to or acquisition from 

Syria since January 1, 2005; or the 

transfer to or acquisition from North 

Korea since January 1, 2006, of goods, 

services, or technology controlled under 

multilateral control lists (Missile 

Technology Control Regime, Australia 

Group, Chemical Weapons Convention, 

Nuclear Suppliers Group, Wassenaar 

Arrangement) or otherwise having the 

potential to make a material 

contribution to the development of 

weapons of mass destruction (WMD) or 

cruise or ballistic missile systems. The 

latter category includes (a) items of the 

same kind as those on multilateral lists 

but falling below the control list 

parameters when it is determined that 

such items have the potential of making 

a material contribution to WMD or 

cruise or ballistic missile systems, (b) 

items on U.S. national control lists for 

WMD/missile reasons that are not on 

multilateral lists, and (c) other items 

with the potential of making such a 

material contribution when added 

through case-by-case decisions. 

DATES: Effective Date: December 19, 

2014. 

FOR FURTHER INFORMATION CONTACT: On 

general issues: Pam Durham, Office of 

Missile, Biological, and Chemical 

Nonproliferation, Bureau of 

International Security and 

Nonproliferation, Department of State, 

Telephone (202) 647–4930. For U.S. 

Government procurement ban issues: 

Eric Moore, Office of the Procurement 

Executive, Department of State, 

Telephone: (703) 875–4079. 

SUPPLEMENTARY INFORMATION: On August 

5, 2014 the U.S. Government 

determined that the measures 

mstockstill on DSK4VPTVN1PROD with NOTICES