Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Adoption of CME Rule 1001, 64038-64039 [2013-25118]
Download as PDF
64038
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices
Officer, 202–331–1986. For email
inquiries, please email info@pclob.gov.
SUPPLEMENTARY INFORMATION:
Procedures for Public Participation
The hearing will be open to the
public. Individuals who plan to attend
and require special assistance, such as
sign language interpretation or other
reasonable accommodations, should
contact Susan Reingold, Chief
Administrative Officer, 202–331–1986,
at least 72 hours prior to the meeting
date.
Dated: October 21, 2013.
Diane Janosek,
Chief Legal Officer, Privacy and Civil Liberties
Oversight Board.
[FR Doc. 2013–25103 Filed 10–24–13; 8:45 am]
BILLING CODE P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70725; File No. SR–CME–
2013–19]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Regarding Adoption of CME
Rule 1001
October 21, 2013.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (‘‘Act’’
or ‘‘Exchange Act’’),1 and Rule 19b–4
thereunder,2 notice is hereby given that
on October 17, 2013, 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
by CME. CME filed the proposal
pursuant to Section 19(b)(3)(A) of the
Act,3 and Rule 19b–4(f)(4)(ii)
thereunder,4 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.
emcdonald on DSK67QTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CME is filing proposed rules changes
that are limited to its business as a
derivatives clearing organization. The
new CME rule simply specifies that
CME will discharge any swap data
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4)(ii).
2 17
VerDate Mar<15>2010
17:55 Oct 24, 2013
reporting obligations it has with respect
to the swaps it clears under applicable
Commodity Futures Trading
Commission (‘‘CFTC’’) by making
reports to the CME SDR.
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 and
basis for the proposed rule change and
discussed any comments it received on
the proposed rule change. The text of
these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
sections A, B, and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
CME is registered as a derivatives
clearing organization (‘‘DCO’’) with the
Commodity Futures Trading
Commission and currently offers
clearing services for swaps products. In
connection with its business as a DCO
clearing swaps, CME is required to make
certain reports regarding the swaps it
clears to a swap data repository (‘‘SDR’’)
registered with the CFTC in accordance
with applicable CFTC regulations.
The rule that is the subject of this
filing, CME Rule 1001, specifies that
CME DCO will discharge any applicable
swap reporting requirements that it has
in its capacity as a DCO clearing swaps
by making reports to the CME SDR.
CME Rule 1001 was reviewed and
affirmatively approved by the CFTC.
The scope of CME Rule 1001 is
limited to CME’s business as a
derivatives clearing organization
clearing products under the exclusive
jurisdiction of the Commodity Futures
Trading Commission (‘‘CFTC’’). CME
Rule 1001 does not materially impact
CME’s security-based swap clearing
business in any way. As such, the
changes will be effective upon filing.
CME believes the rule that is the
subject of this filing is consistent with
the requirements of the Exchange Act
including Section 17A of the Exchange
Act.5 The rule simply clarifies how CME
will make required swap data reports
regarding the swaps its clears in an
operationally efficient manner and in
accordance with applicable CFTC
requirements, and as such it is designed
to promote the prompt and accurate
5 15
Jkt 232001
PO 00000
U.S.C. 78q–1.
Frm 00080
Fmt 4703
Sfmt 4703
clearance and settlement of securities
transactions and, to the extent
applicable, derivatives agreements,
contracts, and transactions, 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, in general, to protect
investors and the public interest
consistent with Section 17A(b)(3)(F) of
the Exchange Act.6
Furthermore, the rule is limited in its
effect to swaps offered under CME’s
authority to act as a derivatives clearing
organization. Swaps fall under the
exclusive jurisdiction of the CFTC. As
such, the proposed CME changes are
limited to CME’s activities as a
derivatives clearing organization
clearing swaps that are not securitybased swaps; CME notes that the
policies of the CFTC with respect to
administering the Commodity Exchange
Act 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.
Because the changes are limited in
their effect to swaps offered under
CME’s authority to act as a derivatives
clearing organization, the changes are
properly classified as effecting a change
in an existing service of CME that:
(a) Primarily affects the clearing
operations of CME with respect to
products that are not securities,
including futures that are not security
futures, and swaps that are not securitybased swaps or mixed swaps; and
(b) does not significantly affect any
securities clearing operations of CME or
any rights or obligations of CME with
respect to securities clearing or persons
using such securities-clearing service.
As such, the changes are therefore
consistent with the requirements of
Section 17A of the Exchange Act 7 and
are properly filed under Section
19(b)(3)(A) 8 and Rule 19b–4(f)(4)(ii) 9
thereunder.
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. As a general matter, CME
Rule 1001 should not be seen to have
any effect on competition because it
does not act as a restraint.
6 15
U.S.C. 78q–1(b)(3)(F).
U.S.C. 78q–1.
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(4)(ii).
7 15
E:\FR\FM\25OCN1.SGM
25OCN1
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices
CME Rule 1001 simply codifies how
CME’s clearinghouse will discharge its
own CFTC-required swap data reporting
obligations for swaps cleared by CME in
an operationally efficient manner. The
Rule states that CME will discharge any
DCO reporting obligations it has by
making required swap data reports
regarding CME-cleared swaps to its
affiliated SDR. In addition, it should be
noted that the Rule separately provides
that CME will also make voluntary,
supplemental reports regarding the
same cleared swap data it reports to the
CME SDR to any third party swap data
repositories selected by any
counterparty to a swap cleared at CME.
The reporting arrangements
contemplated by Rule 1001 regarding
swaps under the exclusive jurisdiction
of the CFTC were reviewed and
approved by the CFTC.
emcdonald on DSK67QTVN1PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
CME separately submitted Rule 1001
to the CFTC for affirmative approval
pursuant to Regulation 40.5 of CFTC
Regulations. This process involved a
public comment period. A series of
comment letters from various market
participants were submitted. These
letters made a variety of arguments
alleging that CME Rule 1001 was
inconsistent with the Commodity
Exchange Act. CME submitted multiple
response letters addressing these
arguments. After a lengthy review
process, the CFTC concluded that ‘‘CME
Rule is not inconsistent with either the
[Commodity Exchange] Act or the
regulatory structure implemented by the
Commission to effectuate the Act.’’ All
of the industry comment letters, CME’s
response letters, the CFTC’s approval
order and separate CFTC
Commissioners statements regarding
Rule 1001 can be found at the following
public Web site: https://www.cftc.gov/
PressRoom/PressReleases/pr6525-13.
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) 10 of the Act and Rule 19b–
4(f)(4)(ii) 11 thereunder. 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
10 15
11 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4)(ii).
VerDate Mar<15>2010
17:55 Oct 24, 2013
Jkt 232001
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CME–2013–19 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–2013–19. 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 or
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–2013–19 and should
be submitted on or before November 15,
2013.
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
64039
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–25118 Filed 10–24–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70714; File No. SR–EDGX–
2013–39]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend EDGX Rule
4.3, Record of Written Complaints, To
Conform to Financial Industry
Regulatory Authority, Inc. Rule 4513
October 18, 2013.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Exchange Act’’),1 and Rule 19b–4
thereunder,2 notice is hereby given that
on October 15, 2013, EDGX Exchange,
Inc. (the ‘‘Exchange’’ or ‘‘EDGX’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which items have
been substantially 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 amend
EDGX Rule 4.3, Record of Written
Complaints, to conform to the rules of
the Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) for purposes
of an agreement between the Exchange
and FINRA pursuant to Rule 17d–2
under the Exchange Act.3 The text of the
proposed rule change is available on the
Exchange’s Internet Web site at
www.directedge.com, at the Exchange’s
principal office, and at the Public
Reference Room of the Commission.
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.17d–2. Pursuant to Rule 17d–2
under the Exchange Act, the Exchange and FINRA
entered into an agreement to allocate regulatory
responsibility for common rules (the ‘‘17d–2
Agreement’’). Id.
1 15
E:\FR\FM\25OCN1.SGM
25OCN1
Agencies
[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64038-64039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25118]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70725; File No. SR-CME-2013-19]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Regarding Adoption of CME Rule 1001
October 21, 2013.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on October 17, 2013, 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 by CME. CME filed the proposal
pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(4)(ii)
thereunder,\4\ 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).
\4\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CME is filing proposed rules changes that are limited to its
business as a derivatives clearing organization. The new CME rule
simply specifies that CME will discharge any swap data reporting
obligations it has with respect to the swaps it clears under applicable
Commodity Futures Trading Commission (``CFTC'') by making reports to
the CME SDR.
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 and basis for the proposed
rule change and discussed any comments it received on the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. The self-regulatory organization has
prepared summaries, set forth in sections A, B, and C below, of the
most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
CME is registered as a derivatives clearing organization (``DCO'')
with the Commodity Futures Trading Commission and currently offers
clearing services for swaps products. In connection with its business
as a DCO clearing swaps, CME is required to make certain reports
regarding the swaps it clears to a swap data repository (``SDR'')
registered with the CFTC in accordance with applicable CFTC
regulations.
The rule that is the subject of this filing, CME Rule 1001,
specifies that CME DCO will discharge any applicable swap reporting
requirements that it has in its capacity as a DCO clearing swaps by
making reports to the CME SDR. CME Rule 1001 was reviewed and
affirmatively approved by the CFTC.
The scope of CME Rule 1001 is limited to CME's business as a
derivatives clearing organization clearing products under the exclusive
jurisdiction of the Commodity Futures Trading Commission (``CFTC'').
CME Rule 1001 does not materially impact CME's security-based swap
clearing business in any way. As such, the changes will be effective
upon filing.
CME believes the rule that is the subject of this filing is
consistent with the requirements of the Exchange Act including Section
17A of the Exchange Act.\5\ The rule simply clarifies how CME will make
required swap data reports regarding the swaps its clears in an
operationally efficient manner and in accordance with applicable CFTC
requirements, and as such it is designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivatives agreements, contracts, and
transactions, 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, in general, to protect investors and the public
interest consistent with Section 17A(b)(3)(F) of the Exchange Act.\6\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78q-1.
\6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
Furthermore, the rule is limited in its effect to swaps offered
under CME's authority to act as a derivatives clearing organization.
Swaps fall under the exclusive jurisdiction of the CFTC. As such, the
proposed CME changes are limited to CME's activities as a derivatives
clearing organization clearing swaps that are not security-based swaps;
CME notes that the policies of the CFTC with respect to administering
the Commodity Exchange Act 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.
Because the changes are limited in their effect to swaps offered
under CME's authority to act as a derivatives clearing organization,
the changes are properly classified as effecting a change in an
existing service of CME that:
(a) Primarily affects the clearing operations of CME with respect
to products that are not securities, including futures that are not
security futures, and swaps that are not security-based swaps or mixed
swaps; and
(b) does not significantly affect any securities clearing
operations of CME or any rights or obligations of CME with respect to
securities clearing or persons using such securities-clearing service.
As such, the changes are therefore consistent with the requirements of
Section 17A of the Exchange Act \7\ and are properly filed under
Section 19(b)(3)(A) \8\ and Rule 19b-4(f)(4)(ii) \9\ thereunder.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78q-1.
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------
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. As a general matter, CME
Rule 1001 should not be seen to have any effect on competition because
it does not act as a restraint.
[[Page 64039]]
CME Rule 1001 simply codifies how CME's clearinghouse will
discharge its own CFTC-required swap data reporting obligations for
swaps cleared by CME in an operationally efficient manner. The Rule
states that CME will discharge any DCO reporting obligations it has by
making required swap data reports regarding CME-cleared swaps to its
affiliated SDR. In addition, it should be noted that the Rule
separately provides that CME will also make voluntary, supplemental
reports regarding the same cleared swap data it reports to the CME SDR
to any third party swap data repositories selected by any counterparty
to a swap cleared at CME. The reporting arrangements contemplated by
Rule 1001 regarding swaps under the exclusive jurisdiction of the CFTC
were reviewed and approved by the CFTC.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
CME separately submitted Rule 1001 to the CFTC for affirmative
approval pursuant to Regulation 40.5 of CFTC Regulations. This process
involved a public comment period. A series of comment letters from
various market participants were submitted. These letters made a
variety of arguments alleging that CME Rule 1001 was inconsistent with
the Commodity Exchange Act. CME submitted multiple response letters
addressing these arguments. After a lengthy review process, the CFTC
concluded that ``CME Rule is not inconsistent with either the
[Commodity Exchange] Act or the regulatory structure implemented by the
Commission to effectuate the Act.'' All of the industry comment
letters, CME's response letters, the CFTC's approval order and separate
CFTC Commissioners statements regarding Rule 1001 can be found at the
following public Web site: https://www.cftc.gov/PressRoom/PressReleases/pr6525-13.
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) \10\ of the Act and Rule 19b-4(f)(4)(ii) \11\
thereunder. 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.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-CME-2013-19 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-2013-19. 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 or
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-2013-19
and should be submitted on or before November 15, 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. 2013-25118 Filed 10-24-13; 8:45 am]
BILLING CODE 8011-01-P