Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule Applicable to its OTC Interest Rate Swap Clearing Offering, 53948-53950 [2012-21634]
Download as PDF
tkelley on DSK3SPTVN1PROD with NOTICES
53948
Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices
Underwritings and the amount
purchased directly from an
Underwriting Affiliate have changed
significantly from prior years. The
Board will take any appropriate actions
based on its review, including, if
appropriate, the institution of
procedures designed to assure that
purchases of securities in Affiliated
Underwritings are in the best interest of
shareholders of the Fund.
12. Each Fund will maintain and
preserve permanently in an easily
accessible place a written copy of the
procedures described in the preceding
condition, and any modifications to
such procedures, and will maintain and
preserve for a period of not less than six
years from the end of the fiscal year in
which any purchase in an Affiliated
Underwriting occurred, the first two
years in an easily accessible place, a
written record of each purchase of
securities in Affiliated Underwritings
once an investment by an Investing
Fund in the securities of the Fund
exceeds the limit of section
12(d)(1)(A)(i) of the Act, setting forth
from whom the securities were
acquired, the identity of the
underwriting syndicate’s members, the
terms of the purchase, and the
information or materials upon which
the Board’s determinations were made.
13. Before investing in a Fund in
excess of the limits in section
12(d)(1)(A), each Investing Fund and the
Fund will execute an Investing Fund
Participation Agreement stating,
without limitation, that their respective
boards of directors or trustees and their
investment advisers, or Trustee and
Sponsor, as applicable, understand the
terms and conditions of the order, and
agree to fulfill their responsibilities
under the order. At the time of its
investment in Shares of a Fund in
excess of the limit in section
12(d)(1)(A)(i), an Investing Fund will
notify the Fund of the investment. At
such time, the Investing Fund will also
transmit to the Fund a list of the names
of each Investing Funds Affiliate and
Underwriting Affiliate. The Investing
Fund will notify the Fund of any
changes to the list of names as soon as
reasonably practicable after a change
occurs. The Fund and the Investing
Fund will maintain and preserve a copy
of the order, the Investing Fund
Participation Agreement, and the list
with any updated information for the
duration of the investment and for a
period of not less than six years
thereafter, the first two years in an
easily accessible place.
14. Before approving any advisory
contract under section 15 of the Act, the
board of directors or trustees of each
VerDate Mar<15>2010
19:25 Aug 31, 2012
Jkt 226001
Investing Management Company,
including a majority of the disinterested
directors or trustees, will find that the
advisory fees charged under such
contract are based on services provided
that will be in addition to, rather than
duplicative of, the services provided
under the advisory contract(s) of any
Fund in which the Investing
Management Company may invest.
These findings and their basis will be
recorded fully in the minute books of
the appropriate Investing Management
Company.
15. Any sales charges and/or service
fees charged with respect to shares of an
Investing Fund will not exceed the
limits applicable to an Investing Fund
as set forth in Conduct Rule 2830 of the
NASD.
16. No Fund will acquire securities of
an investment company or company
relying on section 3(c)(1) or 3(c)(7) of
the Act in excess of the limits contained
in section 12(d)(1)(A) of the Act, except
to the extent permitted by exemptive
relief from the Commission permitting
the Fund to purchase shares of other
investment companies for short-term
cash management purposes.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–21637 Filed 8–31–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: [77 FR 52079, August
28, 2012].
Closed Meeting.
PLACE: 100 F Street, NE., Washington,
DC.
STATUS:
DATE AND TIME OF PREVIOUSLY ANNOUNCED
MEETING: August 30, 2012 at 2:00 p.m.
Additional
Item.
The following matter will also be
considered during the 2:00 p.m. Closed
Meeting scheduled for Thursday,
August 30, 2012:
CHANGE IN THE MEETING:
A personnel matter.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions as set forth in
5 U.S.C. 552b(c)(2), (4) and (6) and 17
CFR 200.402(a)(2), (4) and (6), permit
consideration of the scheduled matter at
the Closed Meeting.
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
Commissioner Walter, as duty officer,
voted to consider the item listed for the
Closed Meeting in closed session, and
determined that no earlier notice thereof
was possible.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items. For further
information and to ascertain what, if
any, matters have been added, deleted
or postponed, please contact the Office
of the Secretary at (202) 551–5400.
Dated: August 30, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–21845 Filed 8–30–12; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67743; File No. SR–CME–
2012–33]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend the Fee Schedule
Applicable to its OTC Interest Rate
Swap Clearing Offering
August 28, 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 August
17, 2012, Chicago Mercantile Exchange
Inc. (‘‘CME’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as 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, 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 is proposing to amend the fee
schedule that currently applies to its
OTC Interest Rate Swap clearing
offering.
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).
2 17
E:\FR\FM\04SEN1.SGM
04SEN1
Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / 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.
tkelley on DSK3SPTVN1PROD with NOTICES
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. This filing proposes to amend
the current fee schedule that applies to
CME’s OTC Interest Rate Swap (‘‘IRS’’)
clearing offering. Specifically, CME will
be adding; (i) An optional alternative fee
schedule, (ii) progressive fee tiers for the
standard fee schedule, and (iii) fee
waivers for CME OTC IRS clearing
member’s back-loaded trades.
Under the new optional alternative
fee schedule, house or customer
accounts will be able to elect to be
subject to an alternate transaction fee
schedule for OTC IRS that includes
certain per ticket transaction fee and
certain monthly charges measured in
basis points annualized on the client’s
initial margin requirement. Election of
the alternative transaction fee schedule
requires notice to CME which must be
given (i) during the firm’s onboarding
process, or (ii) at least fifteen (15) days
prior to a calendar quarter that the firm
elects to receive the alternative fee
schedule.
The second feature of the proposed
changes relates to new progressive fee
tiers. Under these changes, each
calendar quarter, firms may qualify to
receive a fixed discount applicable to
base OTC IRS fees for the following
calendar quarter on the basis of the USD
equivalent base fees incurred during the
current quarter. The discount applicable
to the following calendar quarter will be
calculated on a weighted average basis
using the USD equivalent base fees for
the current calendar quarter and certain
discount percentages. Additionally,
from September 1, 2012 to December 31,
2013, the proposed changes would
provide for a one-time rebate on current
calendar quarter activity during the first
calendar quarter that its weighted
average discount is equal to or greater
than 15%.
Finally, for IRS Clearing Members, the
proposed rule changes would provide
VerDate Mar<15>2010
19:25 Aug 31, 2012
Jkt 226001
for certain fee waivers for back-loaded
trades. A backloaded trade is a trade
accepted for clearing where the effective
date for the trade is prior to the date the
trade was accepted for clearing. The
proposed changes are related to fees and
therefore will become effective
immediately. However, the proposed fee
changes will become operative as of
September 1, 2012. CME has also
certified the proposed rule changes that
are the subject of this filing to the
Commodity Futures Trading
Commission (‘‘CFTC’’), in CFTC
Submission 12–254.
The proposed CME rule amendments
establish or change a member due, fee
or other charge imposed by CME under
Section 19(b)(3)(A)(ii) 5 of the Act and
Rule 19b–4(f)(2) 6 thereunder. CME
believes that the proposed rule change
is consistent with the requirements of
the Act and the rules and regulations
thereunder and, in particular, to Section
17A(b)(3)(D),7 in that it provides for the
equitable allocation of reasonable dues,
fees and other charges among
participants. The proposed changes
apply to all IRS Clearing Members or
customers, as applicable. The
modifications should encourage firms to
submit additional volume into the
system which should help ensure
readiness and also help build open
interest ahead of a regulatory mandate.
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) 8 of the
Act and Rule 19b–4(f)(2) 9 thereunder
and thus became effective upon filing
5 15
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
7 15 U.S.C. 78q–1(b)(3)(D).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(2).
6 17
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
53949
because it effects a change in a due, fee,
or other charge applicable only to a
member. 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
• 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
No. SR–CME–2012–33 on the subject
line.
Paper Comments
• Send 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–2012–33. 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
filings will also be available for
inspection and copying at the principal
office of CME and on CME’s Web site at
https://www.cmegroup.com/marketregulation/files/SEC_19B–4_12–33.pdf.
All comments received will be posted
without change; the Commission does
E:\FR\FM\04SEN1.SGM
04SEN1
53950
Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices
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–2012–33 and should
be submitted on or before September 25,
2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–21634 Filed 8–31–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67741; File No. SR–EDGX–
2012–36]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to Amendments
to the EDGX Exchange, Inc. Fee
Schedule
August 28, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on August
22, 2012 the EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II and III
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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
tkelley on DSK3SPTVN1PROD with NOTICES
The Exchange proposes to amend its
fees and rebates applicable to Members 3
and non-Members of the Exchange
pursuant to EDGX Rule 15.1(a) and (c).
All of the changes described herein are
applicable to EDGX Members and nonMembers. The text of the proposed rule
change is available on the Exchange’s
Internet Web site at https://
www.directedge.com, at the Exchange’s
principal office, and at the Public
Reference Room of the Commission.
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 A Member is any registered broker or dealer, or
any person associated with a registered broker or
dealer, that has been admitted to membership in the
Exchange.
1 15
VerDate Mar<15>2010
19:25 Aug 31, 2012
Jkt 226001
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange maintains logical ports
for order entry (FIX, HP–API), drop
copies (DROP), and market data
(collectively, ‘‘DIRECT Logical Ports’’).4
The Exchange proposes to reduce the
quantity of free DIRECT Logical Ports
from ten (10) sessions to five (5)
sessions. Therefore, the Exchange will
assess a monthly fee per logical port for
Members and non-Members that
maintain six or more DIRECT Logical
Ports. Accordingly, the Exchange
proposes to amend its fee schedule to
reduce the quantity of free DIRECT
Logical Ports from ten sessions to five
sessions. In addition, the Exchange,
pursuant to an information circular
dated July 20, 2012, communicated to
Members and non-Members that the
Exchange would propose these changes
in a subsequent filing with the
Securities and Exchange Commission.5
The Exchange proposes to implement
these amendments to its fee schedule on
September 1, 2012.
2. Statutory Basis
The Exchange believes that the
proposed rule changes are consistent
with the objectives of Section 6 of the
Act,6 in general, and furthers the
objectives of Section 6(b)(4),7 in
particular, as the proposed rule changes
4 See Securities and Exchange Act Release No.
64963 (July 26, 2011), 76 FR 45895 (August 1, 2011)
(SR–EDGX–2011–21) (discussing the Exchange’s
proposal to include logical ports that receive market
data among the types of logical ports that the
Exchange assesses a monthly fee to Members and
non-Members).
5 See Direct Edge Notice to Members # 12–28,
Reduction in Number of Free Logical Ports Effective
September 4, 2012, https://www.directedge.com/
About/Announcements/
ViewNewsletterDetail.aspx?NewsletterID=751.
6 15 U.S.C. 78f.
7 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
are designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among Members and other
persons using the Exchange’s facilities.
The Exchange believes its proposal to
amend its fee schedule to reduce the
quantity of free DIRECT Logical Ports
from ten sessions to five sessions
represents an equitable allocation of
reasonable dues, fees and other charges
because the Exchange has implemented
several infrastructure enhancements
that increased the message throughput
(efficiency) per port, thereby requiring
fewer ports to communicate the same
information. The Exchange also believes
that reducing the quantity of free
DIRECT Logical Ports to five sessions
will promote efficient use of the ports
by market participants, helping the
Exchange to continue to maintain and
improve its infrastructure, while also
encouraging Members and nonMembers to request and enable only the
ports that are necessary for their
operations related to the Exchange. In
addition, the Exchange will use the
revenue generated from its proposal to
supplement its administrative and
infrastructure costs associated with
allowing Members and non-Members to
establish logical ports to connect to the
Exchange’s systems and continue to
maintain and improve its infrastructure,
market technology, and services. The
Exchange also notes that assessing
charges for logical ports is reasonable
because it is consistent with the
practices of other exchanges, such as the
BATS Exchange and the NASDAQ OMX
Group, Inc. that charge customers for
logical ports.8 Lastly, the Exchange also
believes that the proposed reduction in
quantity of free ports is nondiscriminatory because it applies
uniformly to Members and nonMembers.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
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 has not solicited, and
does not intend to solicit, comments on
8 See BATS BZX fee schedule at https://
batstrading.com/FeeSchedule/ (where BATS BZX
charges its customers a monthly fee per logical
port). See also NASDAQ Price List-Trading &
Connectivity, https://www.nasdaqtrader.com/
Trader.aspx?id=PriceListTrading2 (where NASDAQ
charges its customers a monthly fee per logical
port).
E:\FR\FM\04SEN1.SGM
04SEN1
Agencies
[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53948-53950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21634]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67743; File No. SR-CME-2012-33]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Fee Schedule Applicable to its OTC Interest Rate Swap
Clearing Offering
August 28, 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 August 17, 2012, Chicago Mercantile Exchange Inc. (``CME'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as 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, 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)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change
CME is proposing to amend the fee schedule that currently applies
to its OTC Interest Rate Swap clearing offering.
[[Page 53949]]
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. This filing proposes to amend the current fee schedule that
applies to CME's OTC Interest Rate Swap (``IRS'') clearing offering.
Specifically, CME will be adding; (i) An optional alternative fee
schedule, (ii) progressive fee tiers for the standard fee schedule, and
(iii) fee waivers for CME OTC IRS clearing member's back-loaded trades.
Under the new optional alternative fee schedule, house or customer
accounts will be able to elect to be subject to an alternate
transaction fee schedule for OTC IRS that includes certain per ticket
transaction fee and certain monthly charges measured in basis points
annualized on the client's initial margin requirement. Election of the
alternative transaction fee schedule requires notice to CME which must
be given (i) during the firm's onboarding process, or (ii) at least
fifteen (15) days prior to a calendar quarter that the firm elects to
receive the alternative fee schedule.
The second feature of the proposed changes relates to new
progressive fee tiers. Under these changes, each calendar quarter,
firms may qualify to receive a fixed discount applicable to base OTC
IRS fees for the following calendar quarter on the basis of the USD
equivalent base fees incurred during the current quarter. The discount
applicable to the following calendar quarter will be calculated on a
weighted average basis using the USD equivalent base fees for the
current calendar quarter and certain discount percentages.
Additionally, from September 1, 2012 to December 31, 2013, the proposed
changes would provide for a one-time rebate on current calendar quarter
activity during the first calendar quarter that its weighted average
discount is equal to or greater than 15%.
Finally, for IRS Clearing Members, the proposed rule changes would
provide for certain fee waivers for back-loaded trades. A backloaded
trade is a trade accepted for clearing where the effective date for the
trade is prior to the date the trade was accepted for clearing. The
proposed changes are related to fees and therefore will become
effective immediately. However, the proposed fee changes will become
operative as of September 1, 2012. CME has also certified the proposed
rule changes that are the subject of this filing to the Commodity
Futures Trading Commission (``CFTC''), in CFTC Submission 12-254.
The proposed CME rule amendments establish or change a member due,
fee or other charge imposed by CME under Section 19(b)(3)(A)(ii) \5\ of
the Act and Rule 19b-4(f)(2) \6\ thereunder. CME believes that the
proposed rule change is consistent with the requirements of the Act and
the rules and regulations thereunder and, in particular, to Section
17A(b)(3)(D),\7\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among participants. The
proposed changes apply to all IRS Clearing Members or customers, as
applicable. The modifications should encourage firms to submit
additional volume into the system which should help ensure readiness
and also help build open interest ahead of a regulatory mandate. CME
notes that it operates in a highly competitive market in which market
participants can readily direct business to competing venues.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(3)(A)(ii).
\6\ 17 CFR 240.19b-4(f)(2).
\7\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------
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)
\8\ of the Act and Rule 19b-4(f)(2) \9\ thereunder and thus became
effective upon filing because it effects a change in a due, fee, or
other charge applicable only to a member. 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.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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 rule-comments@sec.gov. Please include
File No. SR-CME-2012-33 on the subject line.
Paper Comments
Send 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-2012-33. 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 filings will also be available
for inspection and copying at the principal office of CME and on CME's
Web site at https://www.cmegroup.com/market-regulation/files/SEC_19B-4_12-33.pdf. All comments received will be posted without change; the
Commission does
[[Page 53950]]
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-2012-33 and should be
submitted on or before September 25, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------
\10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-21634 Filed 8-31-12; 8:45 am]
BILLING CODE 8011-01-P