Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Acceptance of Letters of Credit or Pass-Through Letters of Credit Deposits From Non-Financial Institution Energy Clearing Members, 76325-76326 [2012-31128]
Download as PDF
Federal Register / Vol. 77, No. 248 / Thursday, December 27, 2012 / Notices
SECURITIES AND EXCHANGE
COMMISSION
sections A, B, and C, below, of the most
significant aspects of these statements.5
[Release No. 34–68497; File No. SR–ICEEU–
2012–12]
A. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In addition to providing clearing
services for credit default swaps, ICE
Clear Europe also provides clearing
services for non-securities contracts in
energy and emissions markets (‘‘Energy
Futures Products’’). ICE Clear Europe is
updating the List of Permitted Cover
and Haircuts 6 to allow non-financial
institution Energy Clearing Members to
deposit Letters of Credit or PassThrough Letters of Credit to cover
Initial/Original Margin requirements for
Energy Futures Products.7
The Clearing House will accept three
forms of the Letter of Credit:
• Letters of Credit: May be deposited
by non-financial Energy Clearing
Members;
• Pass-Through Letters of Credit: May
be deposited by non-financial
institutions that are clients of Energy
Clearing Members without FCM
Clearing Member status; and
• Pass-Through Letters of Credit: May
be deposited by non-financial
institutions that are clients of Clearing
Members with FCM Clearing Member
status, from November 28, 2012.
Both forms of Pass-Through Letters of
Credit are transferrable from ICE Clear
Europe to the Clearing Member making
the Clearing Member the beneficiary of
the proceeds at execution. The Clearing
Member will be responsible for
assessing the wording of the Letter of
Credit and only consent to its use in
case the Letter on Credit is acceptable
by the Clearing Member as permitted
cover and fully compliant with its
regulatory requirements.
ICE Clear Europe believes that the
proposed change is consistent with the
requirements of Section 17A of the Act
and the regulations thereunder
applicable to it. Section 17A(b)(3)(F) 8 of
the Act requires, among other things,
that the rules of a clearing agency be
designed to protect investors and the
public interest. ICE Clear Europe
believes that allowing non-financial
institutions to deposit Letters of Credit
or Pass-Through Letters of Credit as
permitted cover for Initial/Original
Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to the
Acceptance of Letters of Credit or
Pass-Through Letters of Credit
Deposits From Non-Financial
Institution Energy Clearing Members
December 20, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that on December
19, 2012, ICE Clear Europe Limited
(‘‘ICE Clear Europe’’) 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 ICE Clear Europe. ICE Clear
Europe filed the proposal pursuant to
Section 19(b)(3)(A)(iii) 3 of the Act and
Rule 19b–4(f)(4)(ii) 4 thereunder, so that
the proposal was effective upon filing
with the Commission. The Commission
is publishing this notice to solicit
comments on the proposed rule change
from interested persons.
tkelley on DSK3SPTVN1PROD with
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The purpose of the proposed rule
change is to accept Letters of Credit as
permitted cover for certain clearing
members for cleared energy futures. As
part of the update to the Permitted
Cover, ICE Clear Europe will consider
new requests to use Letters of Credit or
Pass through Letters of Credit to meet
Initial/Original Margin requirements.
All capitalized terms not defined herein
are defined in the ICE Clear Europe
Rules.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, ICE
Clear Europe 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 and comments may be
examined at the places specified in Item
IV below. ICE Clear Europe has
prepared summaries, set forth in
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(4)(ii).
2 17
VerDate Mar<15>2010
16:53 Dec 26, 2012
Jkt 229001
5 The Commission has modified the text of the
summaries provided by ICE Clear Europe.
6 The updated list of Permitted Cover, along with
the corresponding haircut rates, can be found at the
following location: https://www.theice.com/
publicdocs/clear_europe/list-of-permittedcovers.pdf.
7 Letters of Credit and Pass-Through Letters of
Credit are subject to concentration limits as
described in the list of Permitted Cover. See id.
8 15 U.S.C. 78q–1(b)(3)(F).
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
76325
Margin requirements for energy futures
products would help protect investors
and the public interest.
B. Clearing Agency’s Statement on
Burden on Competition
ICE Clear Europe does not believe that
the proposed rule change would have
any impact, or impose any burden, on
competition.
C. Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
ICE Clear Europe has not solicited
written comments regarding the
proposed change. ICE Clear Europe will
notify the Commission of any written
comments received by ICE Clear Europe.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective upon filing pursuant to Section
19(b)(3)(A)(iii) 9 of the Act and Rule
19b–4(f)(4)(ii) 10 thereunder because it
primarily affects the futures clearing
operations of the clearing agency with
respect to futures that are not security
futures, and does not significantly affect
the 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 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.11
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 by
sending an email to rulecomments@sec.gov. Please include File
No. SR–ICEEU–2012–12 on the subject
line.
• Paper comments should be sent in
triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange
9 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(4)(ii).
11 15 U.S.C. 78s(b)(3)(C).
10 17
E:\FR\FM\27DEN1.SGM
27DEN1
76326
Federal Register / Vol. 77, No. 248 / Thursday, December 27, 2012 / Notices
Commission, 100 F Street NE.,
Washington, DC 20549–0609.
SECURITIES AND EXCHANGE
COMMISSION
All submissions should refer to File
Number SR–ICEEU–2012–12. To help
the Commission process and review
your comments more efficiently, please
use only one method of submission. 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
changes that are filed with the
Commission, and all written
communications relating to the
proposed rule changes 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 ICE Clear Europe, and on ICE
Clear Europe’s Web site at: https://
www.theice.com/publicdocs/
regulatory_filings/
ICEU_SEC_121912_2012–12.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–ICEEU–2012–12 and
should be submitted on or before
January 17, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–31128 Filed 12–26–12; 8:45 am]
tkelley on DSK3SPTVN1PROD with
BILLING CODE 8011–01–P
[Release No. 34–68488; File No. SR–
NYSEArca–2012–14]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change To List and Trade the
Guggenheim Enhanced Total Return
ETF Under NYSE Arca Equities Rule
8.600
December 20, 2012.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (‘‘Act’’
or ‘‘Exchange Act’’) 2 and Rule 19b–4
thereunder,3 notice is hereby given that,
on December 13, 2012, NYSE Arca, Inc.
(‘‘Exchange’’ or ‘‘NYSE Arca’’) 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 Exchange.
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
The Exchange proposes to list and
trade the following under NYSE Arca
Equities Rule 8.600 (‘‘Managed Fund
Shares’’): Guggenheim Enhanced Total
Return ETF. 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.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
12 17
CFR 200.30–3(a)(12).
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16:53 Dec 26, 2012
Jkt 229001
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to list and
trade shares (‘‘Shares’’) of the
Guggenheim Enhanced Total Return
ETF (the ‘‘Fund’’) under NYSE Arca
Equities Rule 8.600, which governs the
listing and trading of Managed Fund
Shares.4 The Shares will be offered by
the Claymore Exchange-Traded Fund
Trust 2 (the ‘‘Trust’’),5 a statutory trust
organized under the laws of the State of
Delaware and registered with the
Commission as an open-end
management investment company.6
The investment adviser for the Fund
is Guggenheim Funds Investment
Advisors, LLC (‘‘Adviser’’). The Bank of
New York Mellon is the custodian and
transfer agent for the Fund. Guggenheim
Funds Distributors, LLC is the
distributor for the Fund.
Commentary .06 to Rule 8.600
provides that, if the investment adviser
to the investment company issuing
4 A Managed Fund Share is a security that
represents an interest in an investment company
registered under the Investment Company Act of
1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as
an open-end investment company or similar entity
that invests in a portfolio of securities selected by
its investment adviser consistent with its
investment objectives and policies. In contrast, an
open-end investment company that issues
Investment Company Units, listed and traded on
the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that
correspond generally to the price and yield
performance of a specific foreign or domestic stock
index, fixed income securities index or combination
thereof.
5 The Trust is registered under the 1940 Act. On
June 9, 2011, the Trust filed with the Commission
an amendment to its registration statement on Form
N–1A under the Securities Act of 1933 (15 U.S.C.
77a) (‘‘Securities Act’’) and the 1940 Act relating to
the Fund (File Nos. 333–135105 and 811–21910)
(the ‘‘Registration Statement’’). The description of
the operation of the Trust and the Fund herein is
based, in part, on the Registration Statement. In
addition, the Commission has issued an order
granting certain exemptive relief to the Trust under
the 1940 Act. See Investment Company Act Release
No. 29271 (May 18, 2010) (File No. 812–13534)
(‘‘Exemptive Order’’).
6 The Commission previously approved listing
and trading on the Exchange of the following
actively managed funds under Rule 8.600. See
Securities Exchange Act Release Nos. 57801 (May
8, 2008), 73 FR 27878 (May 14, 2008) (SR–
NYSEArca–2008–31) (order approving Exchange
listing and trading of twelve actively-managed
funds of the WisdomTree Trust); 60981 (November
10, 2009), 74 FR 59594 (November 18, 2009) (SR–
NYSEArca–2009–79) (order approving listing of five
fixed income funds of the PIMCO ETF Trust); 63329
(November 17, 2010), 75 FR 71760 (November 24,
2010) (SR–NYSEArca–2010–86) (order approving
listing of Peritus High Yield ETF); 64550 (May 26,
2011), 76 FR 32005 (June 2, 2011) (SR–NYSEArca–
2011–11) (order approving listing of Guggenheim
Enhanced Core Bond ETF and Guggenheim
Enhanced Ultra-Short Bond ETF).
E:\FR\FM\27DEN1.SGM
27DEN1
Agencies
[Federal Register Volume 77, Number 248 (Thursday, December 27, 2012)]
[Notices]
[Pages 76325-76326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31128]
[[Page 76325]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68497; File No. SR-ICEEU-2012-12]
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to the Acceptance of Letters of Credit or Pass-Through Letters of
Credit Deposits From Non-Financial Institution Energy Clearing Members
December 20, 2012.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on December 19, 2012, ICE Clear Europe Limited (``ICE Clear
Europe'') 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 ICE Clear
Europe. ICE Clear Europe filed the proposal pursuant to Section
19(b)(3)(A)(iii) \3\ of the Act and Rule 19b-4(f)(4)(ii) \4\
thereunder, so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The purpose of the proposed rule change is to accept Letters of
Credit as permitted cover for certain clearing members for cleared
energy futures. As part of the update to the Permitted Cover, ICE Clear
Europe will consider new requests to use Letters of Credit or Pass
through Letters of Credit to meet Initial/Original Margin requirements.
All capitalized terms not defined herein are defined in the ICE Clear
Europe Rules.
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
In its filing with the Commission, ICE Clear Europe 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 and comments may be examined at
the places specified in Item IV below. ICE Clear Europe has prepared
summaries, set forth in sections A, B, and C, below, of the most
significant aspects of these statements.\5\
---------------------------------------------------------------------------
\5\ The Commission has modified the text of the summaries
provided by ICE Clear Europe.
---------------------------------------------------------------------------
A. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
In addition to providing clearing services for credit default
swaps, ICE Clear Europe also provides clearing services for non-
securities contracts in energy and emissions markets (``Energy Futures
Products''). ICE Clear Europe is updating the List of Permitted Cover
and Haircuts \6\ to allow non-financial institution Energy Clearing
Members to deposit Letters of Credit or Pass-Through Letters of Credit
to cover Initial/Original Margin requirements for Energy Futures
Products.\7\
---------------------------------------------------------------------------
\6\ The updated list of Permitted Cover, along with the
corresponding haircut rates, can be found at the following location:
https://www.theice.com/publicdocs/clear_europe/list-of-permitted-covers.pdf.
\7\ Letters of Credit and Pass-Through Letters of Credit are
subject to concentration limits as described in the list of
Permitted Cover. See id.
---------------------------------------------------------------------------
The Clearing House will accept three forms of the Letter of Credit:
Letters of Credit: May be deposited by non-financial
Energy Clearing Members;
Pass-Through Letters of Credit: May be deposited by non-
financial institutions that are clients of Energy Clearing Members
without FCM Clearing Member status; and
Pass-Through Letters of Credit: May be deposited by non-
financial institutions that are clients of Clearing Members with FCM
Clearing Member status, from November 28, 2012.
Both forms of Pass-Through Letters of Credit are transferrable from
ICE Clear Europe to the Clearing Member making the Clearing Member the
beneficiary of the proceeds at execution. The Clearing Member will be
responsible for assessing the wording of the Letter of Credit and only
consent to its use in case the Letter on Credit is acceptable by the
Clearing Member as permitted cover and fully compliant with its
regulatory requirements.
ICE Clear Europe believes that the proposed change is consistent
with the requirements of Section 17A of the Act and the regulations
thereunder applicable to it. Section 17A(b)(3)(F) \8\ of the Act
requires, among other things, that the rules of a clearing agency be
designed to protect investors and the public interest. ICE Clear Europe
believes that allowing non-financial institutions to deposit Letters of
Credit or Pass-Through Letters of Credit as permitted cover for
Initial/Original Margin requirements for energy futures products would
help protect investors and the public interest.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
B. Clearing Agency's Statement on Burden on Competition
ICE Clear Europe does not believe that the proposed rule change
would have any impact, or impose any burden, on competition.
C. Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
ICE Clear Europe has not solicited written comments regarding the
proposed change. ICE Clear Europe will notify the Commission of any
written comments received by ICE Clear Europe.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) \9\ of the Act and Rule 19b-4(f)(4)(ii)
\10\ thereunder because it primarily affects the futures clearing
operations of the clearing agency with respect to futures that are not
security futures, and does not significantly affect the 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 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.\11\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 17 CFR 240.19b-4(f)(4)(ii).
\11\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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 by sending an email to rule-comments@sec.gov. Please
include File No. SR-ICEEU-2012-12 on the subject line.
Paper comments should be sent in triplicate to Elizabeth
M. Murphy, Secretary, Securities and Exchange
[[Page 76326]]
Commission, 100 F Street NE., Washington, DC 20549-0609.
All submissions should refer to File Number SR-ICEEU-2012-12. To help
the Commission process and review your comments more efficiently,
please use only one method of submission. 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 changes that
are filed with the Commission, and all written communications relating
to the proposed rule changes 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 ICE
Clear Europe, and on ICE Clear Europe's Web site at: https://www.theice.com/publicdocs/regulatory_filings/ICEU_SEC_121912_2012-12.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-ICEEU-2012-12
and should be submitted on or before January 17, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31128 Filed 12-26-12; 8:45 am]
BILLING CODE 8011-01-P