Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Amendments to Chicago Mercantile Exchange's Rules Governing Contract Specifications for Physically Delivered Single Security Futures, 80551-80553 [2010-32086]
Download as PDF
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices
staff SE. Table 3 in the staff’s August 4,
2005, SE of BAW–2308, Revision 1,
contains the NRC staff-accepted IRTTO
and corresponding initial uncertainty
term, sI, for specific Linde 80 weld wire
heat numbers. In accordance with the
conditions and limitations outlined in
the NRC staff’s August 4, 2005 SE of TR
BAW–2308, Revision 1, for utilizing the
values in Table 3, the licensee’s
proposed methodology (1) utilized the
appropriate NRC staff-accepted IRTTo
and sI values for Linde 80 weld wire
heat numbers; (2) applied the
appropriate chemistry factors for
temperatures greater than 167 °F (the
weld wire heat-specific chemical
composition, via the methodology of RG
1.99, Revision 2, indicated that higher
chemistry factors are applicable); (3)
applied a value of 28 °F for sD in the
margin term; and (4) submitted values
for DRTNDT and the margin term for each
Linde 80 weld in the RPV through the
end of the current operating license.
Additionally, the NRC’s SE for TR
BAW–2308, Revision 2, concludes that
the revised IRTT0 and sI values for
Linde 80 weld materials are acceptable
for referencing in plant-specific
licensing applications as delineated in
TR BAW–2308, Revision 2, and to the
extent specified under Section 4.0,
Limitations and Conditions, of the SE,
which states: ‘‘Future plant-specific
applications for RPVs containing weld
heat 72105, and weld heat 299L44, of
Linde 80 welds must use the revised
IRTT0 and sI, values in TR BAW–2308,
Revision 2.’’ The staff notes that neither
of these weld heats is used at DBNPS.
Therefore, all conditions and limitations
outlined in the NRC staff SEs for TR
BAW–2308, Revisions 1–A and 2–A,
have been met for DBNPS.
The use of the methodology in TR
BAW–2308, Revision 1, will ensure the
PTS evaluation developed for the
DBNPS RPV will continue to be based
on an adequately conservative estimate
of RPV material properties and ensure
the RPV will be protected from failure
during a PTS event. Also, when
additional fracture toughness data
relevant to the evaluation of the DBNPS
RPV welds is acquired as part of the
surveillance program, this data must be
incorporated into the evaluation of the
DBNPS RPV fracture toughness
requirements.
Based on the above, no new accident
precursors are created by allowing an
exemption to use an alternate
methodology to comply with the
requirements of 10 CFR 50.61 in
determining adjusted/indexing
reference temperatures, thus, the
probability of postulated accidents is
not increased. Also, based on the above,
VerDate Mar<15>2010
20:24 Dec 21, 2010
Jkt 223001
the consequences of postulated
accidents are not increased. Therefore,
there is no undue risk to public health
and safety. On February 3, 2010, a new
rule, 10 CFR 50.61a, ‘‘Alternate Fracture
Toughness Requirements for Protection
Against PTS Events,’’ became effective.
The NRC staff reviewed this new rule
against the licensee’s exemption request
and determined that there is no effect on
the exemption request. The new rule
does not modify the requirements from
which the licensee has sought an
exemption, and the alternative provided
by the new rule does not address the
scope of issues associated with both 10
CFR 50.61 and 10 CFR Part 50,
Appendix G that the requested
exemption does.
Consistent With Common Defense and
Security
The proposed exemption would allow
the licensee to use an alternate
methodology to allow the use of fracture
toughness test data for evaluating the
integrity of the DBNPS RPV beltline
welds. This change has no relation to
security issues. Therefore, the common
defense and security is not impacted by
these exemptions.
80551
Accordingly, the Commission has
determined that pursuant to 10 CFR
50.12, ‘‘Specific exemptions,’’ an
exemption from certain requirements of
Appendix G to 10 CFR Part 50 and 10
CFR 50.61 is authorized by law and will
not endanger life or property or the
common defense and security, and is
otherwise in the public interest.
Pursuant to 10 CFR 51.32, ‘‘Finding of
no significant impact,’’ the Commission
has previously determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (75 FR 76498).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 14th day
of December 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–32141 Filed 12–21–10; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
in the particular circumstances is not
necessary to achieve the underlying
purpose of the rule. The underlying
purpose of 10 CFR Part 50, Appendix G
and 10 CFR 50.61 is to protect the
integrity of the reactor coolant pressure
boundary by ensuring that each reactor
vessel material has adequate fracture
toughness. Therefore, since the
underlying purpose of 10 CFR Part 50,
Appendix G and 10 CFR 50.61 is
achieved by an alternative methodology
for evaluating RPV material fracture
toughness, the special circumstances
required by 10 CFR 50(a)(2)(ii) for the
granting of an exemption from portions
of the requirements of 10 CFR Part 50,
Appendix G and 10 CFR 50.61 exist.
4.0
Conclusion
The staff has reviewed the licensee’s
submittals and concludes that the
licensee has provided adequate
justification for its request for an
exemption from certain requirements of
Appendix G to 10 CFR Part 50 and 10
CFR 50.61, to allow an alternative
methodology that is based on using
fracture toughness test data to determine
initial, unirradiated properties for
evaluating the integrity of the DBNPS
RPV beltline welds.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
[Release No. 34–63551; File No. SR–CME–
2010–01]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change Relating to Amendments to
Chicago Mercantile Exchange’s Rules
Governing Contract Specifications for
Physically Delivered Single Security
Futures
December 15, 2010.
Pursuant to Section 19(b)(7) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
December 7, 2010, Chicago Mercantile
Exchange Inc. (‘‘CME’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons. CME
also has filed this proposed rule change
concurrently with the Commodity
Futures Trading Commission (‘‘CFTC’’).
CME filed a written certification with
the CFTC under Section 5c(c) of the
Commodity Exchange Act on November
24, 2010.
1 15
E:\FR\FM\22DEN1.SGM
U.S.C. 78s(b)(7).
22DEN1
80552
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices
Traded Funds (ETFs), specifically the
Nasdaq-100 Tracking StockSM
(‘‘QQQQ’’), Standard & Poor’s Depositary
Receipts® (‘‘SPDR’’) and iShares Russell
2000 (‘‘IWM’’).
The text of the proposed rule changed
[sic] is as follows (brackets indicate
words to be deleted; italics indicate
words to be added):
I. Self-Regulatory Organization’s
Description of the Proposed Rule
Change
CME proposes to amend its Rules
governing the trade of physically
delivered single security futures.
Specifically, the Exchange intends to
delist futures on three (3) Exchange
CHAPTER 710: PHYSICALLY
DELIVERED SINGLE SECURITY
FUTURES 71004. APPROVED
SECURITIES
The following securities have been
approved by the Board of Directors as
the subject of Physically Delivered
Single Security Futures Contracts:
Approved security
Unit of trading
Minimum fluctuation
[Nasdaq-100 Tracking StockSM (‘‘QQQQ’’)] ..........................
[Standard & Poor’s Depositary Receipts® (‘‘SPDR’’)] ...........
[iShares Russell 2000 (‘‘IWM’’)] ............................................
[200 Shares] .....
[100 Shares] .....
[200 Shares] .....
Position limit in
expiring contract in
last 5 trading days
[$0.01 or $2.00 per contract] ................
[$0.01 or $1.00 per contract] ................
[$0.01 or $2.00 per contract] ................
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
self-regulatory organization 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
[11,250]
[22,500]
[11,250]
specifically the Nasdaq-100 Tracking
StockSM (‘‘QQQQ’’), Standard & Poor’s
Depositary Receipts® (‘‘SPDR’’) and
iShares Russell 2000 (‘‘IWM’’), because
trading activity has been de minimis in
these products as illustrated below.
1. Purpose
CME intends to delist futures on three
(3) Exchange Traded Funds (ETFs),
AVERAGE DAILY VOLUME
Jan–Oct 2010
Nasdaq-100 Tracking StockSM (‘‘QQQQ’’) ......................................................................................................
Standard & Poor’s Depositary Receipts® (‘‘SPDR’’) .......................................................................................
iShares Russell 2000 (‘‘IWM’’) .........................................................................................................................
2. Statutory Basis
CME believes that the proposed
delistings are consistent with Section 6
of the Act.2 CME believes the rule
changes are designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, and, in general to
protect investors and the public interest,
because the proposed rule change
merely delists products that have had a
de minimus amount of historical trading
activity on CME.
srobinson on DSKHWCL6B1PROD with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CME does not believe that the
proposed action will have an impact on
competition because the proposed rule
change merely delists products that
have had a de minimus amount of
historical trading activity on CME.
2 15
U.S.C. 78f(b).
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20:24 Dec 21, 2010
Jkt 223001
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Comments on the proposed rule
change have not been solicited.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change has become
effective on December 7, 2010.
However, CME intends to implement
this delisting in such a way as to avoid
impacting any current positions in these
markets. Accordingly, CME will not
delist any contract months while there
are open positions. Rather, CME will
simply refrain from listing any new
contracts. To the extent that open
interest declines to zero in any contract
month listed subsequent to December 7,
2010, CME shall retire that contract
month. Note that, as of Friday,
November 12, 2010, there were a total
of 14 open positions in the SPDR
contract with 5 open contracts in
December 2010 and 9 open contracts in
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
2009
1
4
0
1
7
0
January 2011. There was a total of 9
open positions in the QQQQ contract,
all held in the December 2010 contract.
Finally, there were zero (0) open
positions held in the IWN [sic] contract.
Within 60 days of the date of
effectiveness of the proposed rule
change, the Commission, after
consultation with the CFTC, may
summarily abrogate the proposed rule
change and require that the proposed
rule change be refiled in accordance
with the provisions of Section 19(b)(1)
of the Act.3
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:
3 15
E:\FR\FM\22DEN1.SGM
U.S.C. 78s(b)(1).
22DEN1
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Notices
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CME–2010–01 on the
subject line.
Paper Comments
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63558; File No. SR–
NYSEAmex–2010–100]
Self-Regulatory Organizations; NYSE
Amex LLC; Order Approving a
Proposed Rule Change Relating to
Complex Orders
December 16, 2010.
srobinson on DSKHWCL6B1PROD with NOTICES
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
I. Introduction
On October 20, 2010, NYSE Amex
LLC (‘‘NYSE Amex’’ or the ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
All submissions should refer to File
Exchange Act of 1934 (the ‘‘Act’’),1 and
Number SR–CME–2010–01. This file
Rule 19b–4 thereunder,2 a proposed rule
number should be included on the
change to: (i) Add to Rule 900.3NY(h) a
subject line if e-mail is used. To help the
definition of ‘‘Stock/Complex Order;’’
Commission process and review your
(ii) revise Rule 963NY(d) to update the
comments more efficiently, please use
only one method. The Commission will provisions governing open outcry
post all comments on the Commission’s trading of Complex Orders and Stock/
option Orders and apply these
Internet Web site (https://www.sec.gov/
provisions to Stock/Complex Orders;
rules/sro.shtml). Copies of the
(iii) delete Rule 963.1NY; (iv) add Rule
submission, all subsequent
980NY(e) to establish an electronic
amendments, all written statements
Complex Order Auction (‘‘COA’’); and
with respect to the proposed rule
(v) revise other provisions of Rule
change that are filed with the
980NY to include Stock/Complex
Commission, and all written
Orders. The proposed rule change was
communications relating to the
published for comment in the Federal
proposed rule change between the
Register on November 2, 2010.3 The
Commission and any person, other than
Commission received no comments
those that may be withheld from the
regarding the proposal. This order
public in accordance with the
approves the proposed rule change.
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
II. Description of the Proposal
the Commission’s Public Reference
A. Definition of Stock/Complex Order
Room, 100 F Street, NE., Washington,
The proposal amends Rule
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m. 900.3NY(h) to add a definition of
Copies of the filing also will be available ‘‘Stock/Complex Order.’’ Rule
900.3NY(h)(2) defines a ‘‘Stock/Complex
for inspection and copying at the
Order’’ as the purchase or sale of a
principal office of the Exchange.4 All
Complex Order, as defined in Rule
comments received will be posted
900.3NY(e), coupled with an order to
without change; the Commission does
buy or sell a stated number of units of
not edit personal identifying
an underlying stock or a security
information from submissions. You
convertible into the underlying stock
should submit only information that
you wish to make available publicly. All (‘‘convertible security’’) representing
either (A) the same number of units of
submissions should refer to File
the underlying stock or convertible
Number SR–CME–2010–01 and should
security as are represented by the
be submitted on or before January 12,
options leg of the Complex Order with
2011.
the least number of options contracts, or
For the Commission, by the Division of
(B) the number of units of the
Trading and Markets, pursuant to delegated
underlying stock necessary to create a
authority.5
delta neutral position, but in no case in
Florence E. Harmon,
a ratio greater than eight options
Deputy Secretary.
contracts per unit of trading of the
[FR Doc. 2010–32086 Filed 12–21–10; 8:45 am]
underlying stock or convertible security
BILLING CODE 8011–01–P
established for that series by the
4 The text of the proposed rule change is available
on the Commission’s Web site at https://
www.sec.gov.
5 17 CFR 200.30–3(a)(12).
VerDate Mar<15>2010
20:24 Dec 21, 2010
Jkt 223001
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 63187
(October 27, 2010), 75 FR 67424 (‘‘Notice’’).
2 17
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
80553
Clearing Corporation, as represented by
the options leg of the Complex Order
with the least number of options
contracts.
B. Revisions To Open Outcry Rules
The proposal revises paragraph (d) of
Rule 963NY, ‘‘Priority and Order
Allocation Procedures—Open Outcry,’’
to update the provisions governing the
trading of Complex Orders Stock/option
Orders in open outcry. Rule 963NY(d),
as amended, will also apply to Stock/
Complex Orders trading in open outcry.
According to the Exchange, the changes
to Rule 963NY(d) streamline and update
the text of Rule 963NY(d), but do not
alter the Exchange’s existing procedures
for trading Complex Orders or Stock/
option Orders, or the priority of
quotations and orders. The Exchange
notes that the Rule 963NY(d), as
amended, is based on Chicago Board
Options Exchange, Incorporated
(‘‘CBOE’’) Rule 6.45(e).4
Under Rule 963(d), as amended,
Complex Orders, as defined in Rule
900.3NY(e), and Stock/Complex Orders,
as defined in Rule 900.3(h)(2), may be
executed at a net debit or credit with
another ATP Holder without giving
priority to equivalent bids (offers) in the
individual series legs that are
represented in the Trading Crowd or
Customer limit orders in the
Consolidated Book, provided that at
least one options leg of the order betters
the corresponding Customer bid (offer)
in the Consolidated Book by at least one
minimum trading increment, as defined
in Rule 960NY (i.e., $0.10, $0.50, or
$0.01, as applicable), or a $0.01
increment, as determined by the
Exchange on a class-by-class basis.
Stock/option Orders, as defined in Rule
900.3(h)(1), have priority over
equivalent bids (offers) of the trading
crowd, but not over equivalent
Customer bids (offers) in the
Consolidated Book.
In addition, Rule 963NY(d) provides
that bids and offers for Complex Orders,
Stock/option Orders, and Stock/
4 CBOE Rule 6.45(e) states that ‘‘A complex order
as defined in Rule 6.42.01 may be executed at a net
debit or credit price with another Trading Permit
Holder without giving priority to equivalent bids
(offers) in the individual series legs that are
represented in the trading crowd or in the public
customer limit order book provided at least one leg
of the order betters the corresponding bid (offer) in
the public customer limit order book by at least one
minimum trading increment as defined in Rule 6.42
(i.e., $0.10, $0.05 or $0.01, as applicable) or a $0.01
increment, which increment shall be determined by
the Exchange on a class-by-class basis. Stock-option
orders and security future-option orders, as defined
in Rule 1.1(ii)(a) and Rule 1.1(zz)(a), respectively,
have priority over bids (offers) of the trading crowd
but not over bids (offers) in the public customer
limit order book.’’
E:\FR\FM\22DEN1.SGM
22DEN1
Agencies
[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80551-80553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32086]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63551; File No. SR-CME-2010-01]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Amendments to Chicago Mercantile Exchange's Rules Governing
Contract Specifications for Physically Delivered Single Security
Futures
December 15, 2010.
Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 7, 2010, Chicago
Mercantile Exchange Inc. (``CME'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the proposed rule
change described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons. CME also has filed this proposed rule change
concurrently with the Commodity Futures Trading Commission (``CFTC'').
CME filed a written certification with the CFTC under Section 5c(c) of
the Commodity Exchange Act on November 24, 2010.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(7).
---------------------------------------------------------------------------
[[Page 80552]]
I. Self-Regulatory Organization's Description of the Proposed Rule
Change
CME proposes to amend its Rules governing the trade of physically
delivered single security futures. Specifically, the Exchange intends
to delist futures on three (3) Exchange Traded Funds (ETFs),
specifically the Nasdaq-100 Tracking Stock\SM\ (``QQQQ''), Standard &
Poor's Depositary Receipts[supreg] (``SPDR'') and iShares Russell 2000
(``IWM'').
The text of the proposed rule changed [sic] is as follows (brackets
indicate words to be deleted; italics indicate words to be added):
CHAPTER 710: PHYSICALLY DELIVERED SINGLE SECURITY FUTURES 71004.
APPROVED SECURITIES
The following securities have been approved by the Board of
Directors as the subject of Physically Delivered Single Security
Futures Contracts:
----------------------------------------------------------------------------------------------------------------
Position limit in
Approved security Unit of trading Minimum fluctuation expiring contract in
last 5 trading days
----------------------------------------------------------------------------------------------------------------
[Nasdaq-100 Tracking Stock\SM\ [200 Shares]................ [$0.01 or $2.00 per [11,250]
(``QQQQ'')]. contract].
[Standard & Poor's Depositary [100 Shares]................ [$0.01 or $1.00 per [22,500]
Receipts[supreg] (``SPDR'')]. contract].
[iShares Russell 2000 (``IWM'')].... [200 Shares]................ [$0.01 or $2.00 per [11,250]
contract].
----------------------------------------------------------------------------------------------------------------
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 self-regulatory organization
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
CME intends to delist futures on three (3) Exchange Traded Funds
(ETFs), specifically the Nasdaq-100 Tracking Stock\SM\ (``QQQQ''),
Standard & Poor's Depositary Receipts[supreg] (``SPDR'') and iShares
Russell 2000 (``IWM''), because trading activity has been de minimis in
these products as illustrated below.
Average Daily Volume
------------------------------------------------------------------------
Jan-Oct 2010 2009
------------------------------------------------------------------------
Nasdaq-100 Tracking Stock\SM\ 1 1
(``QQQQ'').........................
Standard & Poor's Depositary 4 7
Receipts[supreg] (``SPDR'')........
iShares Russell 2000 (``IWM'')...... 0 0
------------------------------------------------------------------------
2. Statutory Basis
CME believes that the proposed delistings are consistent with
Section 6 of the Act.\2\ CME believes the rule changes are designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general to protect investors
and the public interest, because the proposed rule change merely
delists products that have had a de minimus amount of historical
trading activity on CME.
---------------------------------------------------------------------------
\2\ 15 U.S.C. 78f(b).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
CME does not believe that the proposed action will have an impact
on competition because the proposed rule change merely delists products
that have had a de minimus amount of historical trading activity on
CME.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Comments on the proposed rule change have not been solicited.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The proposed rule change has become effective on December 7, 2010.
However, CME intends to implement this delisting in such a way as to
avoid impacting any current positions in these markets. Accordingly,
CME will not delist any contract months while there are open positions.
Rather, CME will simply refrain from listing any new contracts. To the
extent that open interest declines to zero in any contract month listed
subsequent to December 7, 2010, CME shall retire that contract month.
Note that, as of Friday, November 12, 2010, there were a total of 14
open positions in the SPDR contract with 5 open contracts in December
2010 and 9 open contracts in January 2011. There was a total of 9 open
positions in the QQQQ contract, all held in the December 2010 contract.
Finally, there were zero (0) open positions held in the IWN [sic]
contract.
Within 60 days of the date of effectiveness of the proposed rule
change, the Commission, after consultation with the CFTC, may summarily
abrogate the proposed rule change and require that the proposed rule
change be refiled in accordance with the provisions of Section 19(b)(1)
of the Act.\3\
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------
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:
[[Page 80553]]
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-CME-2010-01 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-CME-2010-01. 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 (https://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 the filing also will be available for
inspection and copying at the principal office of the Exchange.\4\ 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-CME-2010-01 and should be
submitted on or before January 12, 2011.
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\4\ The text of the proposed rule change is available on the
Commission's Web site at https://www.sec.gov.
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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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-32086 Filed 12-21-10; 8:45 am]
BILLING CODE 8011-01-P