Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change To Comply With Revisions to CFTC Regulations Governing Derivatives Clearing Organizations, 61044-61045 [2012-24574]
Download as PDF
61044
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Notices
pmangrum on DSK3VPTVN1PROD with NOTICES
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 also will be available for
inspection and copying at the principal
office of ICC and on ICC’s Web site at
https://www.theice.com/publicdocs/
regulatory_filings/ICEClearCredit_
091912a.pdf.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–ICC–2012–16 and should
be submitted on or before October 26,
2012.
October 1, 2012 effective date of this
rule.
The Commission finds good cause,
pursuant to Section 19(b)(2) of the Act,7
for approving the proposed rule change
prior to the 30th day after the date of
publication of notice in the Federal
Register because, as a derivatives
clearing organization registered with the
CFTC, ICC must amend certain of its
rules to comply with CFTC Regulation
39.12(b)(7), which becomes effective on
October 1, 2012.
IV. Commission’s Findings and Order
Granting Accelerated Approval of
Proposed Rule Change
Section 19(b) of the Act 4 directs the
Commission to approve a proposed rule
change of a self-regulatory organization
if it finds that such proposed rule
change is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
such organization. The Commission
finds that the proposed rule change is
consistent with the requirements of the
Act, in particular the requirements of
Section 17A of the Act, and the rules
and regulations thereunder applicable to
ICC.5 Specifically, the Commission
finds that the proposed rule change is
consistent with Section 17A(b)(3)(F) of
the Act, which requires, among other
things, that the rules of a registered
clearing agency be designed to promote
the prompt and accurate clearance and
settlement of securities transactions
and, to the extent applicable, derivative
agreements, contracts, and
transactions.6
In its filing, ICC requested that the
Commission approve this proposed rule
change on an accelerated basis for good
cause shown. ICC cites as the reason for
this request that the rule change is a
straightforward operational change that
is required in order to be in compliance
with CFTC Rules 39.12(b)(7) on the
[FR Doc. 2012–24575 Filed 10–4–12; 8:45 am]
4 15
U.S.C. 78s(b).
U.S.C. 78q–1. In approving this proposed
rule change, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
6 15 U.S.C. 78q–1(b)(3)(F).
5 15
VerDate Mar<15>2010
15:25 Oct 04, 2012
Jkt 229001
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–ICC–2012–
16) be, and hereby is, approved on an
accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Kevin M. O’Neill,
Deputy Secretary.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67953; File No. SR–CME–
2012–38]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Order Granting
Accelerated Approval of Proposed
Rule Change To Comply With
Revisions to CFTC Regulations
Governing Derivatives Clearing
Organizations
October 1, 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
September 21, 2012, Chicago Mercantile
Exchange Inc. (‘‘CME’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change described in Items I and II
below, which Items have been prepared
primarily by CME. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons and to approve
the proposed rule change on an
accelerated basis.
7 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
8 17
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CME proposes to amend certain of its
rules to comply with pending revisions
to Commodity Futures Trading
Commission (‘‘CFTC’’) Regulations
governing derivatives clearing
organizations (‘‘DCOs’’). The text of the
proposed rule changes is available at the
CME’s Web site at https://
www.cmegroup.com, at the principal
office of CME, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organizations
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
CME 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 III 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 the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
CME is registered as a derivatives
clearing organization with the CFTC and
operates a substantial business clearing
futures and swaps contracts subject to
the jurisdiction of the CFTC. CME
proposes to amend certain of its rules to
comply with pending changes to CFTC
Regulations that require DCOs to make
corresponding rule changes. The
changes that are the subject of this filing
are required by the CFTC to become
effective on October 1, 2012.
CFTC Regulation 39.12(b)(7) (Time
Frame for Clearing), which becomes
effective on October 1, requires each
DCO to have rules providing that the
DCO: (1) ‘‘will accept or reject for
clearing as quickly after execution as
would be technologically practicable if
fully automated systems were used, all
contracts’’ listed for clearing and
executed competitively on or subject to
the rules of a designated contract market
(‘‘DCM’’) or a swap execution facility
(‘‘SEF’’); and (2) ‘‘will accept or reject
for clearing as quickly after submission
to the [DCO] as would be
technologically practicable if fully
automated systems were used, all
swaps’’ listed for clearing that are not
executed on or subject to the rules of a
DCM or a SEF or executed
noncompetitively on or subject to the
E:\FR\FM\05OCN1.SGM
05OCN1
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Notices
rules of a DCM or a SEF. In order to
comply with CFTC Regulation
39.12(b)(7), CME proposes to amend
CME Rules 8F005, 8G005 and 8H005.
CME will also make relevant changes to
the corresponding CME Clearing
Manuals of Operations to account for
the proposed rule changes.
CME also made a separate filing, CME
Submission 12–280, with its primary
regulator, the CFTC, with respect to the
proposed rule changes.
CME believes the proposed changes
are consistent with the requirements of
the Exchange Act. CME, a derivatives
clearing organization, is required to
implement the proposed changes to
comply with recent changes to CFTC
regulations. CME notes that the policies
of the Commodity Exchange Act
(‘‘CEA’’) with respect to clearing are
comparable to a number of the policies
underlying the Exchange Act, such as
promoting market transparency for
derivatives markets, promoting the
prompt and accurate clearance of
transactions and protecting investors
and the public interest. CME believes
the mandatory CFTC changes are
specifically designed to facilitate the
prompt and efficient processing of all
contracts, agreements, and transactions
submitted for clearing and will therefore
help protect investors and safeguard
customer funds.
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.
pmangrum on DSK3VPTVN1PROD with NOTICES
III. 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
VerDate Mar<15>2010
15:25 Oct 04, 2012
Jkt 229001
Number SR–CME–2012–38 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–CME–2012–38. 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 also will be available for
inspection and copying at the principal
office of CME and on CME’s Web site at
https://www.cmegroup.com/marketregulation/rule-filings.html.
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–2012–38 and should
be submitted on or before October 26,
2012.
IV. Commission’s Findings and Order
Granting Accelerated Approval of
Proposed Rule Change
Section 19(b) of the Act 3 directs the
Commission to approve a proposed rule
change of a self-regulatory organization
if it finds that such proposed rule
change is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
such organization. The Commission
finds that the proposed rule change is
consistent with the requirements of the
Act, in particular the requirements of
Section 17A of the Act, and the rules
3 15
PO 00000
U.S.C. 78s(b).
Frm 00081
Fmt 4703
Sfmt 4703
61045
and regulations thereunder applicable to
CME.4 Specifically, the Commission
finds that the proposed rule change is
consistent with Section 17A(b)(3)(F) of
the Act, which requires, among other
things, that the rules of a registered
clearing agency be designed to promote
the prompt and accurate clearance and
settlement of securities transactions
and, to the extent applicable, derivative
agreements, contracts, and
transactions.5
In its filing, CME requested that the
Commission approve this proposed rule
change on an accelerated basis for good
cause shown. CME cites as the reason
for this request CME’s operation as a
DCO, which is subject to regulation by
the CFTC under the CEA, and that the
proposed rule changes are required to
comply with new CFTC regulations that
become effective on October 1, 2012.
The Commission finds good cause,
pursuant to Section 19(b)(2) of the Act,6
for approving the proposed rule change
prior to the 30th day after the date of
publication of notice in the Federal
Register because, as a registered DCO,
CME must amend certain of its rules to
comply with CFTC Regulation
39.12(b)(7), which becomes effective on
October 1, 2012.
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–CME–2012–
38) be, and hereby is, approved on an
accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–24574 Filed 10–4–12; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice 8053]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘China’s Terracotta Warriors: The First
Emperor’s Legacy’’
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
SUMMARY:
4 15 U.S.C. 78q–1. In approving this proposed
rule change, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
5 15 U.S.C. 78q–1(b)(3)(F).
6 15 U.S.C. 78s(b)(2).
7 17 CFR 200.30–3(a)(12).
E:\FR\FM\05OCN1.SGM
05OCN1
Agencies
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 61044-61045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24574]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67953; File No. SR-CME-2012-38]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Comply With Revisions to CFTC Regulations Governing
Derivatives Clearing Organizations
October 1, 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 September 21, 2012, Chicago Mercantile Exchange Inc. (``CME'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I and II below, which Items
have been prepared primarily by CME. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons and to approve the proposed rule change on an accelerated
basis.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CME proposes to amend certain of its rules to comply with pending
revisions to Commodity Futures Trading Commission (``CFTC'')
Regulations governing derivatives clearing organizations (``DCOs'').
The text of the proposed rule changes is available at the CME's Web
site at https://www.cmegroup.com, at the principal office of CME, and at
the Commission's Public Reference Room.
II. Self-Regulatory Organizations Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, CME 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 III 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 the Purpose of, and
Statutory Basis for, the Proposed Rule Change
CME is registered as a derivatives clearing organization with the
CFTC and operates a substantial business clearing futures and swaps
contracts subject to the jurisdiction of the CFTC. CME proposes to
amend certain of its rules to comply with pending changes to CFTC
Regulations that require DCOs to make corresponding rule changes. The
changes that are the subject of this filing are required by the CFTC to
become effective on October 1, 2012.
CFTC Regulation 39.12(b)(7) (Time Frame for Clearing), which
becomes effective on October 1, requires each DCO to have rules
providing that the DCO: (1) ``will accept or reject for clearing as
quickly after execution as would be technologically practicable if
fully automated systems were used, all contracts'' listed for clearing
and executed competitively on or subject to the rules of a designated
contract market (``DCM'') or a swap execution facility (``SEF''); and
(2) ``will accept or reject for clearing as quickly after submission to
the [DCO] as would be technologically practicable if fully automated
systems were used, all swaps'' listed for clearing that are not
executed on or subject to the rules of a DCM or a SEF or executed
noncompetitively on or subject to the
[[Page 61045]]
rules of a DCM or a SEF. In order to comply with CFTC Regulation
39.12(b)(7), CME proposes to amend CME Rules 8F005, 8G005 and 8H005.
CME will also make relevant changes to the corresponding CME Clearing
Manuals of Operations to account for the proposed rule changes.
CME also made a separate filing, CME Submission 12-280, with its
primary regulator, the CFTC, with respect to the proposed rule changes.
CME believes the proposed changes are consistent with the
requirements of the Exchange Act. CME, a derivatives clearing
organization, is required to implement the proposed changes to comply
with recent changes to CFTC regulations. CME notes that the policies of
the Commodity Exchange Act (``CEA'') with respect to clearing are
comparable to a number of the policies underlying the Exchange Act,
such as promoting market transparency for derivatives markets,
promoting the prompt and accurate clearance of transactions and
protecting investors and the public interest. CME believes the
mandatory CFTC changes are specifically designed to facilitate the
prompt and efficient processing of all contracts, agreements, and
transactions submitted for clearing and will therefore help protect
investors and safeguard customer funds.
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. 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 Number SR-CME-2012-38 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CME-2012-38. 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 also will 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/rule-filings.html.
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-2012-38
and should be submitted on or before October 26, 2012.
IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change
Section 19(b) of the Act \3\ directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. The Commission finds that the proposed rule change is
consistent with the requirements of the Act, in particular the
requirements of Section 17A of the Act, and the rules and regulations
thereunder applicable to CME.\4\ Specifically, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act, which requires, among other things, that the rules of a
registered clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions.\5\
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78s(b).
\4\ 15 U.S.C. 78q-1. In approving this proposed rule change, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
\5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
In its filing, CME requested that the Commission approve this
proposed rule change on an accelerated basis for good cause shown. CME
cites as the reason for this request CME's operation as a DCO, which is
subject to regulation by the CFTC under the CEA, and that the proposed
rule changes are required to comply with new CFTC regulations that
become effective on October 1, 2012.
The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\6\ for approving the proposed rule change prior to the 30th
day after the date of publication of notice in the Federal Register
because, as a registered DCO, CME must amend certain of its rules to
comply with CFTC Regulation 39.12(b)(7), which becomes effective on
October 1, 2012.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
V. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-CME-2012-38) be, and hereby is,
approved on an accelerated basis.
---------------------------------------------------------------------------
\7\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-24574 Filed 10-4-12; 8:45 am]
BILLING CODE 8011-01-P