Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change Regarding Acceptance of Additional Interest Rate Swaps for Clearing, 14870-14872 [2013-05282]
Download as PDF
14870
Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Notices
between it and other exchanges that
currently offer similar order types by
offer investors another option to access
liquidity at the Midpoint between the
Protected BBO or better. Therefore, the
Exchange does not believe that the
proposed rule change will impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Exchange Act.
Lastly, the amendments to Exchange
Rule 11.3(c) merely clarify for ETP
Holder the Exchange’s current rounding
methodology. Therefore, the Exchange
does not believe that the proposed rule
change will impose any burden on
competition that is not necessary or in
furtherance of the Exchange Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments on the proposed
rule change were neither solicited nor
received.
emcdonald on DSK67QTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change
does not (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 21 and Rule 19b–4(f)(6)(iii)
thereunder.22
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest. Such
waiver would allow the Exchange to
offer an order type that is similar to
other exchanges without delay. The
Commission notes that the rule change
to adopt the Midpoint-Seeker is based
on and similar to CBSX Rule
51.8(g)(13).23 For this reason, the
Commission waives the operative delay
21 15
U.S.C. 78s(b)(3)(A).
22 17 CFR 240.19b–4(f)(6)(iii). As required under
Rule 19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
23 See SR–NSX–2013–07, Item 7.
VerDate Mar<15>2010
14:43 Mar 06, 2013
Jkt 229001
and designates the proposed rule change
to be operative upon filing.24
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. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 25 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
available for Web site viewing and
printing in the Commission’s Public
Reference Room 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 offices of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–NSX–
2013–07, and should be submitted on or
before March 28, 2013.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.26
Kevin M. O’Neill,
Deputy Secretary.
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–NSX–2013–07 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
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–NSX–2013–07. 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 website (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
24 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
25 15 U.S.C. 78s(b)(2)(B).
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
[FR Doc. 2013–05238 Filed 3–6–13; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–69016; File No. SR–CME–
2013–14]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Order Granting
Accelerated Approval of Proposed
Rule Change Regarding Acceptance of
Additional Interest Rate Swaps for
Clearing
March 1, 2013.
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 March 1,
2013, Chicago Mercantile Exchange Inc.
(‘‘CME’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I and II below, which Items
have been prepared by 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CME proposes to amend rules related
to its business as a derivatives clearing
organization offering interest rate swap
(‘‘IRS’’) clearing services. More
specifically, CME proposes to accept the
26 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\07MRN1.SGM
07MRN1
Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Notices
following swaps for clearing beginning
March 4, 2013:
• IRS denominated in Swedish Krona
(‘‘SEK’’), Danish Krone (‘‘DKK’’) and
Norwegian Krone (‘‘NOK’’) with
Termination Dates up to 31 years and
referencing the respective rate options
set forth in amended Rule 90102.E;
• Overnight Index Swaps (‘‘OIS’’)
with Termination Dates up to 5 years;
and
• IRS denominated in EUR, GBP and
JPY with a 1-month Designated
Maturity.
Additionally, CME is proposing to
amend Rule 90102.E to add the
following rate options: SEK–STIBOR–
SIDE; DKK–CIBOR–DKNA13; DKK–
CIBOR2–DKNA13; and NOK–NIBOR–
NIBR.
emcdonald on DSK67QTVN1PROD with NOTICES
II. Self-Regulatory Organization’s
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 statutory 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
Commodity Futures Trading
Commission (‘‘CFTC’’) and currently
offers clearing services for IRS. With
this filing, CME proposes to accept the
following swaps for clearing beginning
March 4, 2013:
• IRS denominated in Swedish Krona
(‘‘SEK’’), Danish Krone (‘‘DKK’’) and
Norwegian Krone (‘‘NOK’’) with
Termination Dates up to 31 years and
referencing the respective rate options
set forth in the amended Rule 90102.E
described below;
• Overnight Index Swaps (‘‘OIS’’)
with Termination Dates up to 5 years;
and
• IRS denominated in EUR, GBP and
JPY with a 1-month Designated
Maturity.
Additionally, CME is proposing to
amend Rule 90102.E to add the
following rate options: SEK–STIBOR–
SIDE; DKK–CIBOR–DKNA13; DKK–
CIBOR2–DKNA13; and NOK–NIBOR–
NIBR. The Manual of Operations for
CME Cleared Interest Rate Swaps (‘‘IRS
VerDate Mar<15>2010
14:43 Mar 06, 2013
Jkt 229001
Manual’’) is also being updated in
connection with these proposed changes
to reflect the acceptance of the above
IRS and to make certain other
operational updates.
CME notes that it has also submitted
the proposed rule changes that are the
subject of this filing to its primary
regulator, the CFTC, in CME Submission
13–047.
CME believes the proposed rule
change is consistent with the
requirements of the Act, including
Section 17A of the Act.3 The proposed
rule change involves improvements to
CME’s IRS product offering for investors
and as such 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. Furthermore,
the proposed rule changes are limited to
the clearing of swaps and thus relate
solely to the CME’s swaps clearing
activities pursuant to its registration as
a derivatives clearing organization
under the Commodity Exchange Act
(‘‘CEA’’) and do not significantly affect
any securities clearing operations of the
clearing agency or any related rights or
obligations of the clearing agency or
persons using such service.
CME further notes that the policies of
the CEA with respect to clearing are
comparable to a number of the policies
underlying the Exchange Act, such as
promoting market transparency for overthe-counter 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,
3 15
PO 00000
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–2013–14 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–2013–14. 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–2013–14 and should
be submitted on or before March 28,
2013.
U.S.C. 78q–1.
Frm 00109
Fmt 4703
Sfmt 4703
14871
E:\FR\FM\07MRN1.SGM
07MRN1
14872
Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Notices
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,5 and the rules
and regulations thereunder applicable to
CME. Specifically, the Commission
finds that the proposed rule change is
consistent with Section 17A(b)(3)(F) of
the Act,6 which requires, among other
things, that the rules of a 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,
because it will permit CME to promptly
and accurately clear additional IRS
transactions.
In its filing, CME requested that the
Commission approve the proposed rule
change on an accelerated basis for good
cause shown. 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 of filing
in the Federal Register because (i) The
proposed rule change would provide for
the clearing of additional IRS products,
which are swaps subject to regulation by
the CFTC under the CEA; (ii) the
proposed rule change relates solely to
CME’s IRS clearing activities and do not
significantly relate to CME’s functions
as a clearing agency for security-based
swaps; and (iii) CME has indicated that
not providing accelerated approval
would have a significant impact on its
swaps clearing business as a designated
clearing organization.
V. Conclusion
emcdonald on DSK67QTVN1PROD with NOTICES
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,8 that the
proposed rule change (SR–CME–2013–
14) be, and hereby is, approved on an
accelerated basis.
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).
7 15 U.S.C. 78s(b)(2).
8 Id.
5 15
VerDate Mar<15>2010
14:43 Mar 06, 2013
Jkt 229001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant aspects of such
statements.
BILLING CODE 8011–01–P
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
1. Purpose
[Release No. 34–69006 ; File No. SR–
NASDAQ–2013–034]
The purpose of this filing is to clarify
the manner in which the Exchange
assesses certain port fees which are
noted in Chapter XV, Section 3 entitled
‘‘NASDAQ Options Market—Access
Services.’’ Specifically, the Exchange
assesses a fee of $550 per port, per
month for the following port fees: Order
Entry Ports,3 CTI Ports,4 OTTO Ports,5
ITTO Ports,6 BONO Ports,7 Order Entry
[FR Doc. 2013–05282 Filed 3–6–13; 8:45 am]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to a
Pricing Clarification
February 28, 2013.
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 February
21, 2013, The NASDAQ Stock Market
LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by NASDAQ. 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
NASDAQ proposes to clarify the
billing of port fees in Chapter XV,
entitled ‘‘Options Pricing,’’ which
governs pricing for NASDAQ members
using the NASDAQ Options Market
(‘‘NOM’’), NASDAQ’s facility for
executing and routing standardized
equity and index options.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
www.nasdaq.cchwallstreet.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
Exchange included statements
concerning the purpose of and basis for
the proposed rule change. The text of
these statements may be examined at
the places specified in Item IV below.
9 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4 .
1 15
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
3 The Order Entry Port Fee is a connectivity fee
in connection with routing orders to the Exchange
via an external order entry port. NOM Participants
access the Exchange’s network through order entry
ports. A NOM Participant may have more than one
order entry port.
4 CTI offers real-time clearing trade updates. A
real-time clearing trade update is a message that is
sent to a member after an execution has occurred
and contains trade details. The message containing
the trade details is also simultaneously sent to The
Options Clearing Corporation. The trade messages
are routed to a member’s connection containing
certain information. The administrative and market
event messages include, but are not limited to:
system event messages to communicate operationalrelated events; options directory messages to relay
basic option symbol and contract information for
options traded on the Exchange; complex strategy
messages to relay information for those strategies
traded on the Exchange; trading action messages to
inform market participants when a specific option
or strategy is halted or released for trading on the
Exchange; and an indicator which distinguishes
electronic and non-electronically delivered orders.
5 OTTO provides a method for subscribers to send
orders and receive status updates on those orders.
OTTO accepts limit orders from system subscribers,
and if there is a matching order, the orders will
execute. Non-matching orders are added to the limit
order book, a database of available limit orders,
where they are matched in price-time priority.
6 ITTO is a data feed that provides quotation
information for individual orders on the NOM book,
last sale information for trades executed on NOM,
and Order Imbalance Information as set forth in
NOM Rules Chapter VI, Section 8. ITTO is the
options equivalent of the NASDAQ TotalView/
ITCH data feed that NASDAQ offers under
NASDAQ Rule 7023 with respect to equities traded
on NASDAQ. As with TotalView, members use
ITTO to ‘‘build’’ their view of the NOM book by
adding individual orders that appear on the feed,
and subtracting individual orders that are executed.
See Chapter VI, Section 1 at subsection (a)(3)(A).
7 BONOSM is a data feed that provides the NOM
Best Bid and Offer (‘‘NOM NBBO’’) and last sale
information for trades executed on NOM. The NOM
NBBO and last sale information are identical to the
information that NOM sends to the Options Price
Regulatory Authority (‘‘OPRA’’) and which OPRA
disseminates via the consolidated data feed for
options. BONO is the options equivalent of the
NASDAQ Basic data feed offered for equities under
NASDAQ Rule 7047. See Chapter VI, Section 1 at
subsection (a)(3)(B).
E:\FR\FM\07MRN1.SGM
07MRN1
Agencies
[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14870-14872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05282]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69016; File No. SR-CME-2013-14]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change Regarding Acceptance of Additional Interest Rate Swaps for
Clearing
March 1, 2013.
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 March 1, 2013, Chicago Mercantile Exchange Inc. (``CME'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by 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 rules related to its business as a
derivatives clearing organization offering interest rate swap (``IRS'')
clearing services. More specifically, CME proposes to accept the
[[Page 14871]]
following swaps for clearing beginning March 4, 2013:
IRS denominated in Swedish Krona (``SEK''), Danish Krone
(``DKK'') and Norwegian Krone (``NOK'') with Termination Dates up to 31
years and referencing the respective rate options set forth in amended
Rule 90102.E;
Overnight Index Swaps (``OIS'') with Termination Dates up
to 5 years; and
IRS denominated in EUR, GBP and JPY with a 1-month
Designated Maturity.
Additionally, CME is proposing to amend Rule 90102.E to add the
following rate options: SEK-STIBOR-SIDE; DKK-CIBOR-DKNA13; DKK-CIBOR2-
DKNA13; and NOK-NIBOR-NIBR.
II. Self-Regulatory Organization's 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 statutory 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
Commodity Futures Trading Commission (``CFTC'') and currently offers
clearing services for IRS. With this filing, CME proposes to accept the
following swaps for clearing beginning March 4, 2013:
IRS denominated in Swedish Krona (``SEK''), Danish Krone
(``DKK'') and Norwegian Krone (``NOK'') with Termination Dates up to 31
years and referencing the respective rate options set forth in the
amended Rule 90102.E described below;
Overnight Index Swaps (``OIS'') with Termination Dates up
to 5 years; and
IRS denominated in EUR, GBP and JPY with a 1-month
Designated Maturity.
Additionally, CME is proposing to amend Rule 90102.E to add the
following rate options: SEK-STIBOR-SIDE; DKK-CIBOR-DKNA13; DKK-CIBOR2-
DKNA13; and NOK-NIBOR-NIBR. The Manual of Operations for CME Cleared
Interest Rate Swaps (``IRS Manual'') is also being updated in
connection with these proposed changes to reflect the acceptance of the
above IRS and to make certain other operational updates.
CME notes that it has also submitted the proposed rule changes that
are the subject of this filing to its primary regulator, the CFTC, in
CME Submission 13-047.
CME believes the proposed rule change is consistent with the
requirements of the Act, including Section 17A of the Act.\3\ The
proposed rule change involves improvements to CME's IRS product
offering for investors and as such 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. Furthermore, the proposed rule
changes are limited to the clearing of swaps and thus relate solely to
the CME's swaps clearing activities pursuant to its registration as a
derivatives clearing organization under the Commodity Exchange Act
(``CEA'') and do not significantly affect any securities clearing
operations of the clearing agency or any related rights or obligations
of the clearing agency or persons using such service.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------
CME further notes that the policies of the CEA with respect to
clearing are comparable to a number of the policies underlying the
Exchange Act, such as promoting market transparency for over-the-
counter 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-2013-14 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-2013-14. 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-2013-14
and should be submitted on or before March 28, 2013.
[[Page 14872]]
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,\5\ and the rules and
regulations thereunder applicable to CME. Specifically, the Commission
finds that the proposed rule change is consistent with Section
17A(b)(3)(F) of the Act,\6\ which requires, among other things, that
the rules of a 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, because it will permit CME to promptly and accurately
clear additional IRS transactions.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b).
\5\ 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).
\6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
In its filing, CME requested that the Commission approve the
proposed rule change on an accelerated basis for good cause shown. 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 of filing in the Federal
Register because (i) The proposed rule change would provide for the
clearing of additional IRS products, which are swaps subject to
regulation by the CFTC under the CEA; (ii) the proposed rule change
relates solely to CME's IRS clearing activities and do not
significantly relate to CME's functions as a clearing agency for
security-based swaps; and (iii) CME has indicated that not providing
accelerated approval would have a significant impact on its swaps
clearing business as a designated clearing organization.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
V. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-CME-2013-14) be, and hereby
is, approved on an accelerated basis.
---------------------------------------------------------------------------
\8\ Id.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05282 Filed 3-6-13; 8:45 am]
BILLING CODE 8011-01-P