Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish Certain Fee Programs in Connection With Its OTC Interest Rate Swap Clearing Offering, 1775-1777 [2012-305]
Download as PDF
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
(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:
pmangrum on DSK3VPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–FINRA–2011–075 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–FINRA–2011–075. 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 (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 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
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of
FINRA. 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–FINRA–2011–075 and
should be submitted on or before
February 1, 2012.
18 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
15:02 Jan 10, 2012
Jkt 226001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–310 Filed 1–10–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66102; File No. SR–CME–
2011–22]
Self-Regulatory Organizations;
Chicago Mercantile Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Establish Certain Fee
Programs in Connection With Its OTC
Interest Rate Swap Clearing Offering
January 5, 2012.
1775
Product Scope
CME OTC Interest Rate Swaps cleared
by the Clearing House (‘‘Products’’).
Eligible Participants
CME may designate up to five (5)
participants in the Program based on
their level of expertise and experience
with the Products. Participants may be
CME members and/or non-members.
CME will also take potential
participants’ experience in the Products
and historical volume in the Products
with the Clearing House when making
its selections.
Program Term
Non-Asset Managers
Qualification Period: January 6, 2012
through December 31, 2012.
Earned Incentive Period: January 1,
2013 through December 31, 2016.
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
22, 2011, Chicago Mercantile Exchange
Inc. (‘‘CME’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change described in Items I, II and III
below, which items have been prepared
primarily by CME. CME filed the
proposed rule change pursuant to
Section 19(b)(3)(A) 3 of the Act and Rule
19b–4(f)(2) 4 thereunder.
Asset Managers
Qualification Period: January 6, 2012
through December 31, 2012.
Earned Incentive Period: January 1,
2013 through December 31, 2021.
I. Self-Regulatory Organization’s
Statement of Terms of Substance of the
Proposed Rule Change
CME is proposing to make certain feerelated changes that would apply to its
OTC Interest Rate Swap clearing
offering. The text of the proposed
changes is as follows: 5
Incentives
1. Fee Discounts. Once accepted into
the Program, participants will be
eligible to receive predetermined
discounts for transaction fees and
maintenance fees in the Products during
the Term.
2. Volume Discount Incentives.
Additionally, once accepted into the
Program, participants may qualify for
predetermined fee discounts based on
the overall fees charged for transactions
in the Products submitted to the
Clearing House during the Qualification
Period.
CME Incentive Program for Over-theCounter Interest Rate Swaps
Program Purpose
The purpose of the Program is to
incentivize participants to increase the
volume in CME over-the-counter
(‘‘OTC’’) interest rate swaps which will
improve market liquidity. The resulting
addition of liquidity for these Products
(as defined below) benefits all
participants in the market.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(2).
5 The text of the proposed changes does not
appear in CME’s rulebook but is available on CME’s
Web site at https://www.cmegroup.com/marketregulation/rule-filings.html. Telephone conference
between Tim Elliot, Director and Associate General
Counsel, CME, and Doyle Horn, Special Counsel,
Securities and Exchange Commission Division of
Trading and Markets on January 4, 2012.
2 17
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
Hours
N/A.
Obligations
Participants must provide designated
accounts to CME in order for the
account to receive consideration for the
incentives described below.
Monitoring and Termination of Status
The Clearing House shall monitor
participants’ activity and performance
and shall retain the right to revoke
Program participant status if they
conclude from review that a Program
participant no longer meets the
eligibility requirements of the Program.
*
*
*
*
*
Founding Member Over-the-Counter
Interest Rate Swap Incentive Program
Program Purpose
The purpose of the Program is to
provide more liquid markets in OTC
E:\FR\FM\11JAN1.SGM
11JAN1
1776
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
Interest Rate Swap products. By
incentivizing large market participants
CME expects to bring in increased
volume. The resulting addition of
liquidity of these products benefits all
participants in the market.
Product Scope
CME OTC Interest Rate Swaps that are
cleared by the Clearing House
(‘‘Products’’).
Eligible Participants
CME selected the participants based
on their ability to provide liquidity,
client clearing and risk management
expertise as well as their willingness to
design and test the offering on an ongoing basis.
Program Term
Start date is January 6, 2012. End date
is December 31, 2012.
Hours
N/A.
Incentives
Discounted Fees. Participants will be
eligible to receive predetermined
discounts for transaction fees regarding
the Products.
*
*
*
*
*
The text of the proposed changes is
also available at the Exchange’s Web site
at https://www.cmegroup.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
pmangrum on DSK3VPTVN1PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of Purpose of, and Statutory
Basis for, the Proposed Rule Change
In its filing with the Commission,
CME included statements concerning
the purpose 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. CME 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 Purpose of, and Statutory
Basis for, the Proposed Rule Change
CME currently offers clearing for
certain OTC Interest Rate Swap
products. The filing proposes to
establish two new fee programs (the
‘‘Programs’’) that will apply to CME’s
OTC Interest Rate Swap (‘‘IRS’’) clearing
offering.6 The proposed changes that are
6 The staff notes that CME’s general fee schedule
for OTC Interest Rate Swap clearing offering was
previously filed with the Commission and became
effective on December 20, 2011. See Exchange Act
VerDate Mar<15>2010
15:02 Jan 10, 2012
Jkt 226001
the subject of this filing are related to
the fees CME charges for clearing and
therefore will become effective upon
filing. However, the Programs will
become operative on January 6, 2012.
The Programs include two separate
fee programs. The first is a volume
incentive program that is designed to
incentivize participants to increase their
volume in CME OTC IRS through
predetermined fee discounts for
transaction fees and maintenance fees.
The volume incentive program may
include up to five participants
(including CME members and/or nonmembers) designated by CME based on
factors including potential participants’
experience in IRS activities and
historical volumes in IRS with CME.
The second program will feature certain
predetermined discounts for transaction
fees. Eligible participants will include
participants selected by CME based on
their ability to provide liquidity, client
clearing and risk management expertise,
as well as their willingness to assist
CME in designing and testing its IRS
clearing offering.
Pursuant to Commodity Futures
Trading Commission (‘‘CFTC’’)
regulations, the Programs have been
interpreted by CME as an incentive
program subject to CFTC Regulation
40.6(d), requiring a self certification
filing to the CFTC, although no change
to text of the CME rulebook is required.
CME notes that it has already certified
the proposed changes that are the
subject of this filing to its primary
regulator, the CFTC. The text of the
CME proposed changes is attached.
(b) Statutory Basis
The proposed changes establish or
change a member due, fee or other
charge imposed by CME under Section
19(b)(3)(A)(ii) of the Exchange Act and
Rule 19b–4(f)(2) thereunder. CME
believes that the proposed changes are
consistent with the requirements of the
Securities Exchange Act of 1934 and the
rules and regulations thereunder and, in
particular, to Section 17A(b)(3)(iv), in
that it provides for the equitable
allocation of reasonable dues, fees and
other charges among participants. CME
notes that it operates in a highly
competitive market in which market
participants can readily direct business
to competing venues.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CME does not believe that the
proposed rule change will have any
Release No. 34–66029 (Dec. 22, 2011), 76 FR 82005
(Dec. 29, 2011) (SR–CME–2011–20).
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
impact, or impose any burden, on
competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
CME has not solicited, and does not
intend to solicit, comments regarding
this proposed rule change. CME has not
received any unsolicited written
comments from interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change was filed
pursuant to Section 19(b)(3)(A) of the
Act and paragraph (f)(2) of Rule 19b–4
and became effective on filing. At any
time within sixty days of the filing of
such 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.
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 may be
submitted by using the Commission’s
Internet comment form (https://
www.sec.gov/rules/sro.shtml), or send
an email to rule-comments@sec.gov.
Please include File No. SR–CME–2011–
22 on the subject line.
• Paper comments should be sent 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–2011–22. 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. 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
E:\FR\FM\11JAN1.SGM
11JAN1
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
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
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of CME.
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–2011–22 and should
be submitted on or before February 1,
2012.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–305 Filed 1–10–12; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice: 7750]
60-Day Notice of Proposed Information
Collection: DS–260, Electronic
Application for Immigration Visa and
Alien Registration, 1405–0185
Notice of request for public
comments.
ACTION:
The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
The purpose of this notice is to allow 60
days for public comment in the Federal
Register preceding submission to OMB.
We are conducting this process in
accordance with the Paperwork
Reduction Act of 1995.
• Title of Information Collection:
Electronic Application for Immigration
Visa and Alien Registration.
• OMB Control Number: 1405–0185.
• Type of Request: Extension.
• Originating Office: Bureau of
Consular Affairs, Visa Services (CA/VO/
L/R)
• Form Number: DS–260.
• Respondents: Immigrant Visa
Applicants.
• Estimated Number of Respondents:
700,000.
• Estimated Number of Responses:
700,000.
• Average Hours per Response: 2
hours.
pmangrum on DSK3VPTVN1PROD with NOTICES
SUMMARY:
7 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
15:02 Jan 10, 2012
Jkt 226001
• Total Estimated Burden: 1,400,000.
• Frequency: Once per respondent.
• Obligation to Respond: Required to
Obtain Benefits.
DATES: The Department will accept
comments from the public up to 60 days
from January 11, 2012.
ADDRESSES:
• Web: Persons with access to the
Internet may view and comment on this
notice by going to the regulations.gov
Web site at https://www.regulations.gov/
#!home and searching for the Public
Notice number indicated at the
beginning of this notice.
• Mail (paper, disk, or CD–ROM
submissions): Chief, Legislation and
Regulations Division, Visa Services—
DS–260, 2401 E Street NW., Washington
DC 20520–30106.
You must include the DS form number
(if applicable), information collection
title, and OMB control number in any
correspondence.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed information
collection and supporting documents, to
Sydney Taylor of the Visa Services
Directorate, Bureau of Consular Affairs,
U.S. Department of State, 2401 E Street
NW., L–630, Washington, DC 20520–
30106, who may be reached at
taylors2@state.gov.
SUPPLEMENTARY INFORMATION:
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper performance of our
functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of technology.
Abstract of proposed collection: Form
DS–260 will be used to elicit
information to determine the eligibility
of aliens applying for immigrant visas.
Methodology: The DS–260 will be
submitted electronically to the
Department via the Internet. The
applicant will be instructed to print a
confirmation page containing a 2–D bar
code record locator, which will be
scanned at the time of processing.
Applicants who submit the electronic
application will no longer submit paperbased applications to the Department.
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
1777
Dated: December 20, 2011.
David T. Donahue,
Deputy Assistant Secretary, Bureau of
Consular Affairs, Department of State.
[FR Doc. 2012–359 Filed 1–10–12; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF STATE
[Public Notice: 7751]
60-Day Notice of Proposed Information
Collection: DS–261, Electronic Choice
of Address and Agent, OMB Control
Number 1405–0186
Notice of request for public
comments.
ACTION:
The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
The purpose of this notice is to allow 60
days for public comment in the Federal
Register preceding submission to OMB.
We are conducting this process in
accordance with the Paperwork
Reduction Act of 1995.
• Title of Information Collection:
Electronic Choice of Address and Agent.
• OMB Control Number: 1405–0186.
• Type of Request: Extension.
• Originating Office: Bureau of
Consular Affairs, Visa Services (CA/VO/
L/R).
• Form Number: DS–261.
• Respondents: Immigrant
beneficiaries requesting change of
address or designation of an authorized
agent.
• Estimated Number of Respondents:
700,000.
• Estimated Number of Responses:
700,000.
• Average Hours per Response: 10
minutes.
• Total Estimated Burden: 116,666.
• Frequency: Once per respondent.
• Obligation to Respond: Required to
Obtain or Retain a Benefit.
DATES: The Department will accept
comments from the public up to 60 days
from January 11, 2012.
ADDRESSES: You may submit comments
by any of the following methods:
• Web: Persons with access to the
Internet may view and comment on this
notice by going to the regulations.gov
Web site at https://www.regulations.gov/
index/#!home and searching for the
Public Notice number indicated at the
beginning of this notice.
• Mail (paper, disk, or CD–ROM
submissions): Chief, Legislation and
Regulations Division, Visa Services—
DS–160, 2401 E Street NW., Washington
DC 20520–30106.
SUMMARY:
E:\FR\FM\11JAN1.SGM
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Agencies
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1775-1777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-305]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66102; File No. SR-CME-2011-22]
Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish Certain Fee Programs in Connection With Its OTC Interest Rate
Swap Clearing Offering
January 5, 2012.
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 22, 2011, Chicago Mercantile Exchange Inc. (``CME'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I, II and III below, which
items have been prepared primarily by CME. CME filed the proposed rule
change pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule 19b-
4(f)(2) \4\ thereunder.
---------------------------------------------------------------------------
\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)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change
CME is proposing to make certain fee-related changes that would
apply to its OTC Interest Rate Swap clearing offering. The text of the
proposed changes is as follows: \5\
---------------------------------------------------------------------------
\5\ The text of the proposed changes does not appear in CME's
rulebook but is available on CME's Web site at https://www.cmegroup.com/market-regulation/rule-filings.html. Telephone
conference between Tim Elliot, Director and Associate General
Counsel, CME, and Doyle Horn, Special Counsel, Securities and
Exchange Commission Division of Trading and Markets on January 4,
2012.
---------------------------------------------------------------------------
CME Incentive Program for Over-the-Counter Interest Rate Swaps
Program Purpose
The purpose of the Program is to incentivize participants to
increase the volume in CME over-the-counter (``OTC'') interest rate
swaps which will improve market liquidity. The resulting addition of
liquidity for these Products (as defined below) benefits all
participants in the market.
Product Scope
CME OTC Interest Rate Swaps cleared by the Clearing House
(``Products'').
Eligible Participants
CME may designate up to five (5) participants in the Program based
on their level of expertise and experience with the Products.
Participants may be CME members and/or non-members.
CME will also take potential participants' experience in the
Products and historical volume in the Products with the Clearing House
when making its selections.
Program Term
Non-Asset Managers
Qualification Period: January 6, 2012 through December 31, 2012.
Earned Incentive Period: January 1, 2013 through December 31, 2016.
Asset Managers
Qualification Period: January 6, 2012 through December 31, 2012.
Earned Incentive Period: January 1, 2013 through December 31, 2021.
Hours
N/A.
Obligations
Participants must provide designated accounts to CME in order for
the account to receive consideration for the incentives described
below.
Incentives
1. Fee Discounts. Once accepted into the Program, participants will
be eligible to receive predetermined discounts for transaction fees and
maintenance fees in the Products during the Term.
2. Volume Discount Incentives. Additionally, once accepted into the
Program, participants may qualify for predetermined fee discounts based
on the overall fees charged for transactions in the Products submitted
to the Clearing House during the Qualification Period.
Monitoring and Termination of Status
The Clearing House shall monitor participants' activity and
performance and shall retain the right to revoke Program participant
status if they conclude from review that a Program participant no
longer meets the eligibility requirements of the Program.
* * * * *
Founding Member Over-the-Counter Interest Rate Swap Incentive Program
Program Purpose
The purpose of the Program is to provide more liquid markets in OTC
[[Page 1776]]
Interest Rate Swap products. By incentivizing large market participants
CME expects to bring in increased volume. The resulting addition of
liquidity of these products benefits all participants in the market.
Product Scope
CME OTC Interest Rate Swaps that are cleared by the Clearing House
(``Products'').
Eligible Participants
CME selected the participants based on their ability to provide
liquidity, client clearing and risk management expertise as well as
their willingness to design and test the offering on an on-going basis.
Program Term
Start date is January 6, 2012. End date is December 31, 2012.
Hours
N/A.
Incentives
Discounted Fees. Participants will be eligible to receive
predetermined discounts for transaction fees regarding the Products.
* * * * *
The text of the proposed changes is also available at the
Exchange's Web site at https://www.cmegroup.com, at the principal office
of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, CME included statements
concerning the purpose 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. CME 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 Purpose of, and
Statutory Basis for, the Proposed Rule Change
CME currently offers clearing for certain OTC Interest Rate Swap
products. The filing proposes to establish two new fee programs (the
``Programs'') that will apply to CME's OTC Interest Rate Swap (``IRS'')
clearing offering.\6\ The proposed changes that are the subject of this
filing are related to the fees CME charges for clearing and therefore
will become effective upon filing. However, the Programs will become
operative on January 6, 2012.
---------------------------------------------------------------------------
\6\ The staff notes that CME's general fee schedule for OTC
Interest Rate Swap clearing offering was previously filed with the
Commission and became effective on December 20, 2011. See Exchange
Act Release No. 34-66029 (Dec. 22, 2011), 76 FR 82005 (Dec. 29,
2011) (SR-CME-2011-20).
---------------------------------------------------------------------------
The Programs include two separate fee programs. The first is a
volume incentive program that is designed to incentivize participants
to increase their volume in CME OTC IRS through predetermined fee
discounts for transaction fees and maintenance fees. The volume
incentive program may include up to five participants (including CME
members and/or non-members) designated by CME based on factors
including potential participants' experience in IRS activities and
historical volumes in IRS with CME. The second program will feature
certain predetermined discounts for transaction fees. Eligible
participants will include participants selected by CME based on their
ability to provide liquidity, client clearing and risk management
expertise, as well as their willingness to assist CME in designing and
testing its IRS clearing offering.
Pursuant to Commodity Futures Trading Commission (``CFTC'')
regulations, the Programs have been interpreted by CME as an incentive
program subject to CFTC Regulation 40.6(d), requiring a self
certification filing to the CFTC, although no change to text of the CME
rulebook is required. CME notes that it has already certified the
proposed changes that are the subject of this filing to its primary
regulator, the CFTC. The text of the CME proposed changes is attached.
(b) Statutory Basis
The proposed changes establish or change a member due, fee or other
charge imposed by CME under Section 19(b)(3)(A)(ii) of the Exchange Act
and Rule 19b-4(f)(2) thereunder. CME believes that the proposed changes
are consistent with the requirements of the Securities Exchange Act of
1934 and the rules and regulations thereunder and, in particular, to
Section 17A(b)(3)(iv), in that it provides for the equitable allocation
of reasonable dues, fees and other charges among participants. CME
notes that it operates in a highly competitive market in which market
participants can readily direct business to competing venues.
B. Self-Regulatory Organization's Statement on Burden on Competition
CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change was filed pursuant to Section 19(b)(3)(A)
of the Act and paragraph (f)(2) of Rule 19b-4 and became effective on
filing. At any time within sixty days of the filing of such 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.
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 may be submitted by using the
Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml), or send an email to rule-comments@sec.gov. Please include
File No. SR-CME-2011-22 on the subject line.
Paper comments should be sent 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-2011-22. 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. 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
[[Page 1777]]
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 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of CME. 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-2011-22 and
should be submitted on or before February 1, 2012.
For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-305 Filed 1-10-12; 8:45 am]
BILLING CODE 8011-01-P