Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change To Comply With CFTC Part 22 Regulations, 62273-62275 [2012-25078]
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wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices
redemption of securities, the trustee or
custodian, and financial statements. The
Commission uses the information
provided in the collection of
information to determine compliance
with section 8(b) of the Investment
Company Act.
Based on the Commission’s industry
statistics, the Commission estimates that
there would be approximately two
initial filings on Form N–8B–2 and 6
post-effective amendment filings to the
Form annually. The Commission
estimates that each registrant filing an
initial Form N–8B–2 would spend 10
hours in preparing and filing the Form
and that the total hour burden for all
initial Form N–8B–2 filings would be 20
hours. Also, the Commission estimates
that each UIT filing a post-effective
amendment to Form N–8B–2 would
spend 6 hours in preparing and filing
the amendment and that the total hour
burden for all post-effective
amendments to the Form would be 36
hours. By combining the total hour
burdens estimated for initial Form N–
8B–2 filings and post-effective
amendments filings to the Form, the
Commission estimates that the total
annual burden hours for all registrants
on Form N–8B–2 would be 56.
Estimates of the burden hours are made
solely for the purposes of the Paperwork
Reduction Act, and are not derived from
a comprehensive or even a
representative survey or study of the
costs of SEC rules and forms.
The information provided on Form
N–8B–2 is mandatory. The information
provided on Form N–8B–2 will not be
kept confidential. An Agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
The public may view the background
documentation for this information
collection at the following Web site,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to:
Shagufta_Ahmed@omb.eop.gov; and (ii)
Thomas Bayer, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way,
Alexandria, VA 22312 or send an email
to: PRA_Mailbox@sec.gov.
Comments must be submitted to OMB
within 30 days of this notice.
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13:59 Oct 11, 2012
Jkt 229001
Dated: October 5, 2012.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–25091 Filed 10–11–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Interactive Data; SEC File No. 270–330,
OMB Control No. 3235–0645.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) this request for extension of
the previously approved collection of
information discussed below.
The ‘‘Interactive Data’’ collection of
information requires issuers filing
registration statements under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) and reports under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) to submit specified financial
information to the Commission and post
it on their corporate Web sites, if any,
in interactive data format using
eXtensible Business Reporting Language
(XBRL). This collection of information
is located primarily in registration
statement and report exhibit provisions,
which require interactive data, and Rule
405 of Regulation S–T (17 CFR 232.405),
which specifies how to submit and post
interactive data. The exhibit provisions
are in Item 601(b)(101) of Regulation S–
K (17 CFR 229.601(b)(101)), Forms F–9
and F–10 under the Securities Act (17
CFR 239.39 and 17 CFR 239.40) and
Forms 20–F, 40–F and 6–K under the
Exchange Act (17 CFR 249.220f, 17 CFR
249.240f and 17 CFR 249.306).
In interactive data format, financial
statement information could be
downloaded directly into spreedsheets
and analyzed in a variety of ways using
commercial off-the-shelf software. The
specified financial information already
is and will continue to be required to be
submitted to the Commission in
traditional format under existing
requirements. The purpose of the
interactive data requirement is to make
financial information easier for
investors to analyze and assist issuers in
automating regulatory filings and
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62273
business information processing. We
estimate that 10,229 respondents per
year will each submit an average of 4.5
reponses per year for an estimated total
of 46,031 responses. We further estimate
an internal burden of 59 hours per
response for a total annual internal
burden of 2,715,829 hours (59 hours per
response × 46,031 responses).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
The public may view the background
documentation for this information
collection at the following Web site,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to:
Shagufta_Ahmed@omb.eop.gov; and (ii)
Thomas Bayer, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way,
Alexandria, VA 22312 or send an email
to: PRA_Mailbox@sec.gov. Comments
must be submitted to OMB within 30
days of this notice.
Dated: October 5, 2012.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–25092 Filed 10–11–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67982; File No. SR–CME–
2012–30]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Order Granting
Accelerated Approval of Proposed
Rule Change To Comply With CFTC
Part 22 Regulations
October 4, 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
1 15
2 17
E:\FR\FM\12OCN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
12OCN1
62274
Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices
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.
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 the Commodity
Futures Trading Commission’s
(‘‘CFTC’’) Part 22 Regulations. The text
of the proposed rule change 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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
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 adopt revisions to CME
Rules 818.B, 930.H, 971 and 973 and to
the CME Chapter 8F rules to comply
with the CFTC’s Part 22 Regulations that
will become effective on November 8,
2012. The proposed rule changes would
become operational on Monday,
November 5, 2012.
The CFTC’s Part 22 regulations for the
‘‘Legally Segregated, Operationally
Commingled’’ (‘‘LSOC’’) customer
protection regime for cleared swaps: (1)
introduce new defined terms including
Cleared Swap, Cleared Swaps Customer,
Cleared Swaps Customer Account and
Cleared Swaps Customer Collateral; and
(2) incorporate by reference certain
customer protection regulations for
customer segregated (futures) accounts,
including CFTC Regulations 1.20, 1.25,
1.27 to 1.30, and 1.49. Derivatives
clearing organizations like CME and
CFTC-registered futures commission
merchants must comply with Part 22 by
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13:59 Oct 11, 2012
Jkt 229001
no later than Thursday, November 8,
2012.
The Part 22 regulations supplant the
current customer OTC ‘‘sequestered’’
rules in Chapter 8F of the CME rule
book, which were implemented in
October 2010. CME is therefore
removing customer ‘‘sequestered’’ Rules
8F100 to 8F136 and related definitions
from its rule book. In addition, CME,
CBOT and NYMEX are revising Rules
818.B, 930.H, 971 and 973 in each of
their rule books to reflect the removal of
CME’s customer ‘‘sequestered’’ rules
and utilization of the new terms
identified above from the CFTC Part 22
regulations.
CME also made a filing, CME
Submission 12–240, 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 including Section
17A. The rule changes are being
proposed to comply with the CFTC’s
Part 22 Regulations which are designed
to protect investors. As such, the
proposed changes are designed to
promote the prompt and accurate
clearance and settlement of securities
transactions and derivatives agreements,
contracts and transactions to assure the
safeguarding of securities and funds
which are in the custody or control of
the clearing agency and, in general, help
to protect investors and the public
interest. CME, a derivatives clearing
organization registered with the CFTC,
further notes that it is required to
implement the proposed changes to
comply with applicable 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.
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.
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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
Number SR–CME–2012–30 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–2012–30. 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–2012–30 and should
be submitted on or before November 2,
2012.
E:\FR\FM\12OCN1.SGM
12OCN1
Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices
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 assure
the safeguarding of securities and funds
which are in the custody or control of
the clearing agency or for which it is
responsible and to protect investors and
the public interest.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
derivatives clearing organization subject
to regulation by the CFTC and that the
proposed changes are required to
comply with new CFTC regulations that
become effective on November 8, 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
derivatives clearing organization, CME
must amend certain of its rules to
comply with the CFTC’s Part 22
Regulations that will become effective
on November 8, 2012.
V. Conclusion
wreier-aviles on DSK5TPTVN1PROD with NOTICES
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–CME–2012–
30) be, and hereby is, approved on an
accelerated basis.
3 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).
5 15 U.S.C. 78q–1(b)(3)(F).
6 15 U.S.C. 78s(b)(2).
4 15
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–25078 Filed 10–11–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67983; File No. SR–ICC–
2012–17]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Filing and
Order Granting Accelerated Approval
of Proposed Rule Change To Revise
Rules Related To Legal Segregation
With Operational Commingling
October 4, 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, ICE Clear Credit
LLC (‘‘ICC’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
changes described in Items I and II
below, which Items have been prepared
primarily by ICC. 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
ICC submits proposed amendments to
its Rules to implement the enhanced
margin segregation model for cleared
swaps that the Commodity Futures
Trading Commission (‘‘CFTC’’) adopted
in Part 22 of the CFTC regulations
(generally referred to as ‘‘legal
segregation with operational
commingling’’ or ‘‘LSOC’’). CFTC rules
require ICC (like other derivatives
clearing organizations) to implement
LSOC by November 8, 2012. As result of
the LSOC requirements, ICC principally
proposes to (i) introduce new
procedures for allocating initial margin
to the positions carried for each
customer on a customer-by-customer
basis, (ii) introduce new procedures for
calling for, holding and returning
customer margin in light of the
requirement to allocate initial margin on
a customer-by-customer basis, and (iii)
change the default ‘‘waterfall’’ to limit
7 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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62275
ICC’s ability to use customer margin in
the event that a clearing member
defaults, consistent with the
requirements of LSOC. The LSOC
requirements are intended to mitigate
the risk that one customer of a clearing
member would suffer a loss because of
a default by another clearing member.
ICC will also be removing existing
provisions of the Rules that addressed
the holding of excess margin and will
not be necessary in ICC’s initial
implementation of LSOC.
ICC proposes to amend Parts 3, 4, 8,
20 and 20A of the ICC Rules, as well as
related definitions, to incorporate Part
22 of the CFTC Regulations. The other
proposed changes in the ICC Rules
reflect conforming changes and drafting
clarifications and do not affect the
substance of the ICC Rules or forms of
cleared products. All capitalized terms
not defined herein are defined in the
ICC Rules.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, ICC
included statements concerning the
purpose of and basis for the proposed
rule changes and discussed any
comments it received on the proposed
rule changes. The text of these
statements may be examined at the
places specified in Item III below. ICC
has prepared summaries, set forth in
sections A, B, and C below, of the most
significant aspects of these statements.3
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
As noted above, the principal purpose
of the proposed rule amendments is
intended to update the particular
characteristics of the Rules applicable to
the segregation of customer margin.
Specifically, the proposed rule changes
affect Parts 3, 4, 8, 20 and 20A of the
ICC Rules, and related definitions, by
providing, in summary, that initial
margin allocated to a particular
customer’s positions may not be used to
cover losses arising from another
customer’s positions. Each of these
changes is described in detail as
follows.
In Part 1 of the ICC Rules, the
definitions of ‘‘custodial asset policies,’’
‘‘custodial client omnibus margin
account,’’ ‘‘eligible custodial assets,’’
3 The Commission has modified the text of the
summaries prepared by ICC to reflect information
communicated during phone calls with Michelle
Weiler, Assistant General Counsel, on October 2
and October 3, 2012.
E:\FR\FM\12OCN1.SGM
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Agencies
[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62273-62275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25078]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67982; File No. SR-CME-2012-30]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Comply With CFTC Part 22 Regulations
October 4, 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
[[Page 62274]]
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 the
Commodity Futures Trading Commission's (``CFTC'') Part 22 Regulations.
The text of the proposed rule change 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
adopt revisions to CME Rules 818.B, 930.H, 971 and 973 and to the CME
Chapter 8F rules to comply with the CFTC's Part 22 Regulations that
will become effective on November 8, 2012. The proposed rule changes
would become operational on Monday, November 5, 2012.
The CFTC's Part 22 regulations for the ``Legally Segregated,
Operationally Commingled'' (``LSOC'') customer protection regime for
cleared swaps: (1) introduce new defined terms including Cleared Swap,
Cleared Swaps Customer, Cleared Swaps Customer Account and Cleared
Swaps Customer Collateral; and (2) incorporate by reference certain
customer protection regulations for customer segregated (futures)
accounts, including CFTC Regulations 1.20, 1.25, 1.27 to 1.30, and
1.49. Derivatives clearing organizations like CME and CFTC-registered
futures commission merchants must comply with Part 22 by no later than
Thursday, November 8, 2012.
The Part 22 regulations supplant the current customer OTC
``sequestered'' rules in Chapter 8F of the CME rule book, which were
implemented in October 2010. CME is therefore removing customer
``sequestered'' Rules 8F100 to 8F136 and related definitions from its
rule book. In addition, CME, CBOT and NYMEX are revising Rules 818.B,
930.H, 971 and 973 in each of their rule books to reflect the removal
of CME's customer ``sequestered'' rules and utilization of the new
terms identified above from the CFTC Part 22 regulations.
CME also made a filing, CME Submission 12-240, 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 including Section 17A. The rule
changes are being proposed to comply with the CFTC's Part 22
Regulations which are designed to protect investors. As such, the
proposed changes are designed to promote the prompt and accurate
clearance and settlement of securities transactions and derivatives
agreements, contracts and transactions to assure the safeguarding of
securities and funds which are in the custody or control of the
clearing agency and, in general, help to protect investors and the
public interest. CME, a derivatives clearing organization registered
with the CFTC, further notes that it is required to implement the
proposed changes to comply with applicable 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.
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-2012-30 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-2012-30. 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-2012-30
and should be submitted on or before November 2, 2012.
[[Page 62275]]
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 assure the safeguarding of
securities and funds which are in the custody or control of the
clearing agency or for which it is responsible and to protect investors
and the public interest.\5\
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\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).
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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 derivatives
clearing organization subject to regulation by the CFTC and that the
proposed changes are required to comply with new CFTC regulations that
become effective on November 8, 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 derivatives clearing organization, CME must
amend certain of its rules to comply with the CFTC's Part 22
Regulations that will become effective on November 8, 2012.
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\6\ 15 U.S.C. 78s(b)(2).
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V. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-CME-2012-30) be, and hereby is,
approved on an accelerated basis.
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. 2012-25078 Filed 10-11-12; 8:45 am]
BILLING CODE 8011-01-P