Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend CME Rules Relating to Acceptable Performance Bond Deposits, 36025-36027 [2012-14623]
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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
unfairly discriminatory because, as
previously stated, Public Customers in
this situation will still not be paying a
fee, and because the Exchange must
maintain its administrative and
regulatory duties, the maintenance of a
system in which the Exchange pays
rebates to both sides of a transaction
without collecting fees for such
transactions may not be prudent.
Further, other exchanges that offer
customer rebates for complex order
executions exclude customer-tocustomer transactions.5
B. Self-Regulatory Organization’s
Statement on Burden on Competition
C2 does not believe that the proposed
rule change will impose any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
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) 6 of the Act and paragraph (f)
of Rule 19b–4 7 thereunder. 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.
srobinson on DSK4SPTVN1PROD with NOTICES
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–C2–2012–016 on the
subject line.
5 See International Securities Exchange, LLC
Schedule of Fees, page 20, footnote 11.
6 15 U.S.C. 78s(b)(3)(A).
7 17 CFR 240.19b–4(f).
VerDate Mar<15>2010
17:05 Jun 14, 2012
Jkt 226001
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–C2–2012–016. 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
10:00 a.m. and 3:00 p.m. Copies of such
filing will also 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 No. SR–C2–2012–
016 and should be submitted on or
before July 6, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–14620 Filed 6–14–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67181; File No. SR–CME–
2012–23]
Self-Regulatory Organizations;
Chicago Mercantile Exchange, Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend CME Rules Relating
to Acceptable Performance Bond
Deposits
June 11, 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 June 5,
2012, 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)(4)(ii) 4
thereunder, so that the proposed rule
change was effective upon filing with
the Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested parties.
I. Self-Regulatory Organization’s
Statement of Terms of Substance of the
Proposed Rule Change
CME proposes to adopt revisions that
would amend CME’s rules relating to
acceptable performance bond deposits
for futures trading. The text of the
proposed changes is as follows with
additions italicized and deletions in
brackets.
*
*
*
*
*
Rule 100—Rule 930.B—No Change
*
*
*
*
*
Rule 930.C ACCEPTABLE
PERFORMANCE BOND DEPOSITS
1. Non-Security Futures and OTC
Derivatives
Clearing members may accept from
their account holders as performance
bond cash currencies of any
denomination, readily marketable
securities (as defined by SEC Rule 15c3–
1(c)(11) and applicable SEC
interpretations), money market mutual
funds allowable under CFTC Regulation
1.25, bank-issued letters of credit,
warrants, warehouse receipts and
shipping certificates that are registered
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)(4)(ii).
2 17
8 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00088
Fmt 4703
Sfmt 4703
36025
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15JNN1
36026
Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
as deliverable for commodities traded
on Chicago Mercantile Exchange Inc.,
Chicago Board of Trade Inc., New York
Mercantile Exchange, Inc. or
Commodity Exchange, Inc., and
‘‘London Good Delivery’’ gold, as
defined by the London Bullion Market
Association.
Clearing members shall not accept as
performance bond from an account
holder securities that have been issued,
sponsored or otherwise guaranteed by
the account holder or an affiliate of the
account holder unless the clearing
member files a petition with and
receives permission from Clearing
House staff.
Bank-issued letters of credit must be
in a form acceptable to the Clearing
House. Such letters of credit must be
drawable in the United States. Clearing
members shall not accept as
performance bond from an account
holder letters of credit issued by the
account holder, an affiliate of the
account holder, the clearing member, or
an affiliate of the clearing member.
All assets deposited by account
holders to meet performance bond
requirements must be and remain
unencumbered by third party claims
against the depositing account holder.
Except to the extent that Clearing
House staff shall prescribe otherwise,
cash currency performance bond
deposits shall be valued at market value.
All other performance bond deposits
other than letters of credit, warrants,
warehouse receipts and shipping
certificates shall be valued at an amount
not to exceed market value less
applicable haircuts as set forth in SEC
Rule 240.15c3–1. Warrants, warehouse
receipts and shipping certificates shall
be valued at an amount not to exceed
the market value of the commodities
represented by the warrants, warehouse
receipts or shipping certificates, less a
deduction in the same amount as the
inventory haircut specified in
Commission Regulation 1.17(c)(5)(ii).
*
*
*
*
*
Rule 930.C(2)—End—No Change
srobinson on DSK4SPTVN1PROD 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,
VerDate Mar<15>2010
17:05 Jun 14, 2012
Jkt 226001
and C below, of the most significant
aspects of such statements.5
A. Self-Regulatory Organization’s
Statement of Purpose of, and Statutory
Basis for, the Proposed Rule Change
CME proposes to amend certain rules
that relate to the forms of acceptable
performance bond deposits it will
accept for futures trading. More
specifically, CME proposes to amend
CME Rule 930.C (Acceptable
Performance Bond Deposits) to allow
warrants, shipping certificates and
warehouse receipts registered as
deliverable on commodities traded at
CME, CBOT, NYMEX and the
Commodity Exchange (‘‘COMEX’’) to be
acceptable performance bond deposits
at all of these Exchanges at the accountholder level. For example, under the
revised Rule, a clearing member could
accept COMEX warrants that are
registered as deliverable to satisfy a
customer’s performance bond
requirements for positions on CME,
CBOT, COMEX and/or NYMEX. This
revision will broaden the acceptability
of performance bond deposits for
customers trading at multiple Exchanges
within CME Group Inc.
CME certified the proposed changes
that are the subject of this filing to the
CFTC in CME Submission 12–178.
The proposed CME changes are
limited to CME’s activities as a
derivatives clearing organization
clearing futures transactions. As such,
the proposed CME changes do not
significantly affect the security-based
swap clearing operations of CME or any
related rights or obligations of CME
security-based swap clearing
participants. The proposed change is
therefore properly filed under Section
19(b)(3)(A) and Rule 19b–4(f)(4)(ii)
thereunder because it effects a change in
an existing service of a registered
clearing agency that primarily affects
the futures clearing operations of the
clearing agency with respect to futures
that are not security futures and does
not significantly affect any securities
clearing operations of the clearing
agency or any related rights or
obligations of the clearing agency or
persons using such service.
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.
5 The Commission has modified the text of the
summaries prepared by CME.
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
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) 6 of the
Act and Rule 19b–4(f)(4)(ii) 7 thereunder
and thus became effective upon filing
because it effects a change in an existing
service of a registered clearing agency
that primarily affects the futures
clearing operations of the clearing
agency with respect to futures that are
not security futures and does not
significantly affect any securities
clearing operations of the clearing
agency or any related rights or
obligations of the clearing agency or
persons using such service. 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–2012–
23 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–2012–23. 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
6 15
7 17
E:\FR\FM\15JNN1.SGM
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(4)(ii).
15JNN1
Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
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
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of 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–2012–23 and should
be submitted on or before July 6, 2012.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.8
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–14623 Filed 6–14–12; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–67180; File No. SR–
NYSEArca–2012–56]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the NYSE Arca
Equities Schedule of Fees and
Charges for Exchange Services
srobinson on DSK4SPTVN1PROD with NOTICES
June 11, 2012.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on May 31,
2012, NYSE Arca, Inc. (the ‘‘Exchange’’
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I, II and III
below, which Items have been prepared
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
NYSE Arca Equities Schedule of Fees
and Charges for Exchange Services
(‘‘Fee Schedule’’). The text of the
proposed rule change is available on the
Exchange’s Web site at www.nyse.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
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 those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts 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 the
Fee Schedule, as described below, and
implement the fee changes on June 1,
2012.
SECURITIES AND EXCHANGE
COMMISSION
8 17
by the self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
Passive Liquidity Orders
A Passive Liquidity Order is an order
to buy or sell a stated amount of a
security at a specified, undisplayed
price.4 Passive Liquidity Orders are
available for all Equity Trading Permit
(‘‘ETP’’) Holders.5
The Exchange does not currently
make credits available for Passive
Liquidity Orders in Exchange-listed and
other Tape B securities that provide
liquidity on the Exchange. The
Exchange hereby proposes to implement
credits for Passive Liquidity Orders in
Exchange-listed and other Tape B
securities that provide liquidity, as
follows:
• $0.0015 per share for Tier 1 and
Step Up Tier 1;
• $0.0010 per share for Tier 2, Tier 3,
Step Up Tier 2 and Basic Rates; and
1 15
VerDate Mar<15>2010
17:05 Jun 14, 2012
4 See
5 See
Jkt 226001
PO 00000
NYSE Arca Equities Rule 7.31(h)(4).
NYSE Arca Equities Rule 1.1(n).
Frm 00090
Fmt 4703
Sfmt 4703
36027
• For Investor Tiers 1–3, the
applicable rate based on an ETP
Holder’s qualifying levels.
The Exchange also does not currently
charge a fee for Passive Liquidity Orders
in Exchange-listed securities that
remove liquidity from the Exchange.6
The Exchange hereby proposes to
implement fees for Passive Liquidity
Orders in Exchange-listed securities that
remove liquidity, which would be the
same as the applicable Tier, Step Up
Tier or Basic Rate and would be based
on an ETP Holder’s qualifying levels, as
follows:
• $0.0026 per share fee for Tape B
Step Up Tier;
• $0.0028 per share fee for Tiers 1–3
and Step Up Tiers 1 and 2;
• $0.0030 per share fee for Basic
Rates; and
• For Investor Tiers 1–3, the
applicable rate based on an ETP
Holder’s qualifying levels.
The Exchange also proposes to reflect
in the Fee Schedule that, as is the case
today, there is neither a fee nor a credit
for Passive Liquidity Orders in Tape A
and Tape C securities that provide
liquidity, but that Passive Liquidity
Orders that remove liquidity would be
charged a fee of $0.0030 per share,
unless the ETP Holder qualifies for the
Tape A or Tape C Step Up rate of
$0.0029 per share.
Finally, for Lead Market Makers
(‘‘LMMs’’),7 the Exchange proposes to
implement a $0.0015 per share credit for
Passive Liquidity Orders that provide
liquidity in securities for which they are
registered as the LMM.
PO and PO+ Orders
The Exchange proposes to amend the
Fee Schedule to increase the Tier 1, Tier
2 and Basic Rate fee for PO and PO+
Orders in Tape A securities that are
routed to the New York Stock Exchange
(‘‘NYSE’’) that execute in the opening or
closing auction, from $0.00085 to
$0.00095 per share.8 Related to this
proposed increase, the Exchange
proposes to explicitly state that the Tier
3 fee for PO and PO+ Orders routed to
the NYSE that execute in the opening or
6 The Exchange currently charges ETP Holders for
Passive Liquidity Orders in non-Exchange-listed
Tape B securities based on an ETP Holder’s
qualifying levels.
7 The term ‘‘Lead Market Maker’’ means a
registered Market Maker that is the exclusive
Designated Market Maker in listings for which the
Exchange is the primary market. See NYSE Arca
Equities Rule 1.1(ccc).
8 See NYSE Arca Equities Rule 7.31(x). A PO+
Order is a PO Order entered for participation in the
primary market, other than for participation in the
primary market opening or primary market reopening. See also NYSE Arca Equities Rule
7.31(x)(3).
E:\FR\FM\15JNN1.SGM
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Agencies
[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Notices]
[Pages 36025-36027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14623]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67181; File No. SR-CME-2012-23]
Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend CME Rules Relating to Acceptable Performance Bond Deposits
June 11, 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 June 5, 2012, 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)(4)(ii)
\4\ thereunder, so that the proposed rule change was effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested parties.
---------------------------------------------------------------------------
\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)(4)(ii).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change
CME proposes to adopt revisions that would amend CME's rules
relating to acceptable performance bond deposits for futures trading.
The text of the proposed changes is as follows with additions
italicized and deletions in brackets.
* * * * *
Rule 100--Rule 930.B--No Change
* * * * *
Rule 930.C ACCEPTABLE PERFORMANCE BOND DEPOSITS
1. Non-Security Futures and OTC Derivatives
Clearing members may accept from their account holders as
performance bond cash currencies of any denomination, readily
marketable securities (as defined by SEC Rule 15c3-1(c)(11) and
applicable SEC interpretations), money market mutual funds allowable
under CFTC Regulation 1.25, bank-issued letters of credit, warrants,
warehouse receipts and shipping certificates that are registered
[[Page 36026]]
as deliverable for commodities traded on Chicago Mercantile Exchange
Inc., Chicago Board of Trade Inc., New York Mercantile Exchange, Inc.
or Commodity Exchange, Inc., and ``London Good Delivery'' gold, as
defined by the London Bullion Market Association.
Clearing members shall not accept as performance bond from an
account holder securities that have been issued, sponsored or otherwise
guaranteed by the account holder or an affiliate of the account holder
unless the clearing member files a petition with and receives
permission from Clearing House staff.
Bank-issued letters of credit must be in a form acceptable to the
Clearing House. Such letters of credit must be drawable in the United
States. Clearing members shall not accept as performance bond from an
account holder letters of credit issued by the account holder, an
affiliate of the account holder, the clearing member, or an affiliate
of the clearing member.
All assets deposited by account holders to meet performance bond
requirements must be and remain unencumbered by third party claims
against the depositing account holder.
Except to the extent that Clearing House staff shall prescribe
otherwise, cash currency performance bond deposits shall be valued at
market value. All other performance bond deposits other than letters of
credit, warrants, warehouse receipts and shipping certificates shall be
valued at an amount not to exceed market value less applicable haircuts
as set forth in SEC Rule 240.15c3-1. Warrants, warehouse receipts and
shipping certificates shall be valued at an amount not to exceed the
market value of the commodities represented by the warrants, warehouse
receipts or shipping certificates, less a deduction in the same amount
as the inventory haircut specified in Commission Regulation
1.17(c)(5)(ii).
* * * * *
Rule 930.C(2)--End--No Change
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.\5\
---------------------------------------------------------------------------
\5\ The Commission has modified the text of the summaries
prepared by CME.
---------------------------------------------------------------------------
A. Self-Regulatory Organization's Statement of Purpose of, and
Statutory Basis for, the Proposed Rule Change
CME proposes to amend certain rules that relate to the forms of
acceptable performance bond deposits it will accept for futures
trading. More specifically, CME proposes to amend CME Rule 930.C
(Acceptable Performance Bond Deposits) to allow warrants, shipping
certificates and warehouse receipts registered as deliverable on
commodities traded at CME, CBOT, NYMEX and the Commodity Exchange
(``COMEX'') to be acceptable performance bond deposits at all of these
Exchanges at the account-holder level. For example, under the revised
Rule, a clearing member could accept COMEX warrants that are registered
as deliverable to satisfy a customer's performance bond requirements
for positions on CME, CBOT, COMEX and/or NYMEX. This revision will
broaden the acceptability of performance bond deposits for customers
trading at multiple Exchanges within CME Group Inc.
CME certified the proposed changes that are the subject of this
filing to the CFTC in CME Submission 12-178.
The proposed CME changes are limited to CME's activities as a
derivatives clearing organization clearing futures transactions. As
such, the proposed CME changes do not significantly affect the
security-based swap clearing operations of CME or any related rights or
obligations of CME security-based swap clearing participants. The
proposed change is therefore properly filed under Section 19(b)(3)(A)
and Rule 19b-4(f)(4)(ii) thereunder because it effects a change in an
existing service of a registered clearing agency that primarily affects
the futures clearing operations of the clearing agency with respect to
futures that are not security futures and does not significantly affect
any securities clearing operations of the clearing agency or any
related rights or obligations of the clearing agency or persons using
such service.
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)
\6\ of the Act and Rule 19b-4(f)(4)(ii) \7\ thereunder and thus became
effective upon filing because it effects a change in an existing
service of a registered clearing agency that primarily affects the
futures clearing operations of the clearing agency with respect to
futures that are not security futures and does not significantly affect
any securities clearing operations of the clearing agency or any
related rights or obligations of the clearing agency or persons using
such service. 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.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A)(ii).
\7\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------
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-2012-23 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-2012-23. 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
[[Page 36027]]
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 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of 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-2012-23 and
should be submitted on or before July 6, 2012.
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\8\ 17 CFR 200.30-3(a)(12).
For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-14623 Filed 6-14-12; 8:45 am]
BILLING CODE 8011-01-P