Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 802.H, 50962-50964 [2014-20210]
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50962
Federal Register / Vol. 79, No. 165 / Tuesday, August 26, 2014 / Notices
rule change is being proposed in the
context of the technology integration of
the BGM Affiliated Exchanges. Thus,
the Exchange believes this proposed
rule change is necessary to permit fair
competition among national securities
exchanges. In addition, the Exchange
believes the proposed rule change will
benefit Exchange participants in that it
is one of several changes necessary to
achieve a consistent technology offering
by the BGM Affiliated Exchanges.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A) of the Act 13 and Rule 19b–
4(f)(6) thereunder.14 Because the
foregoing 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
is filed, or such shorter time as the
Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b–
4(f)(6) thereunder.15
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 16 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 17
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing, noting that a waiver of the
operative delay will allow the Exchange
to align its MTP functionality across the
BGM Affiliated Exchanges in a timely
manner, thereby simplifying the
technology implementation, changes
and maintenance by Users of the
Exchange that are also participants on
13 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
15 17 CFR 240.19b–4(f)(6). 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.
16 17 CFR 240.19b–4(f)(6).
17 17 CFR 240.19b–4(f)(6)(iii).
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14 17
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other BGM Affiliated Exchanges. The
Exchange also states that waiver of the
operative delay is consistent with the
protection of investors and the public
interest because it will allow the
Exchange to continue to strive towards
a complete technology integration of the
BGM Affiliated Exchanges, with gradual
roll-outs of new functionality to ensure
stability of the System. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
hereby waives the operative delay and
designates the proposed rule change
operative upon filing.18
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
to determine whether the proposed rule
should be approved or disapproved.
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 rulecomments@sec.gov. Please include File
Number SR–BATS–2014–034 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BATS–2014–034. 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
18 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
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 at 100 F Street NE.,
Washington, DC 20549–1090 on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office 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–BATS–
2014–034, and should be submitted on
or before September 16, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–20205 Filed 8–25–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72884; File No. SR–CME–
2014–32]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend Rule 802.H
August 20, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’ or ‘‘Act’’),1 and Rule
19b–4 thereunder,2 notice is hereby
given that on August 7, 2014, Chicago
Mercantile Exchange Inc. (‘‘CME’’) 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 CME. CME
filed the proposal pursuant to Section
19(b)(3)(A) of the Act,3 and Rule 19b–
19 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
1 15
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Federal Register / Vol. 79, No. 165 / Tuesday, August 26, 2014 / Notices
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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CME is filing a proposed rule change
that is limited to its business as a
derivatives clearing organization. More
specifically, the proposed rule change
contains certain clarifying amendments
to CME Rule 802.H.
tkelley on DSK3SPTVN1PROD 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 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. 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 and currently offers
clearing services for many different
futures and swaps products. With this
filing, CME proposes to make rule
changes that apply to CME’s Base
Guaranty Fund. More specifically, the
proposed changes would make
clarifying amendments to current CME
Rule 802.H (Base Cooling Off Period and
Multiple Defaults).
CME previously amended CME Rule
802 on June 19, 2012 to establish a fixed
$100 million amount for CME’s
contribution to the financial safeguards
package associated with its Base
Guaranty Fund (‘‘Base CME
Contribution’’). That amendment
inadvertently excluded the express
language limiting CME’s corporate
contribution to the Base financial
safeguards package during the Base
Cooling-Off Period, similar to CME’s
structure for the CDS and IRS guaranty
funds, which limit CME’s obligation
during the respective cooling off periods
applicable to CDS and IRS. CME is now
proposing to add the clarifying language
into Rule 802.H to harmonize the
relevant rule text across the Base, IRS
and CDS product classes and to provide
clarity to the marketplace regarding
CME’s obligation to replenish its Base
CME Contribution during a Base
Cooling-Off Period.
The proposed rule change that is
described in this filing is limited to
CME’s Base Guaranty Fund and
therefore is limited to its business as a
derivatives clearing organization
clearing products under the exclusive
jurisdiction of the Commodity Futures
Trading Commission (‘‘CFTC’’) and does
not materially impact CME’s securitybased swap clearing business in any
way. The proposed changes would
become effective immediately but
would be operationalized on August 20,
2014. CME notes that it has also
submitted the proposed rule change that
is the subject of this filing to its primary
regulator, the CFTC, in CME Submission
14–277.
CME believes the proposed rule
change is consistent with the
requirements of the Exchange Act
including Section 17A of the Exchange
Act.5 The proposed changes would
amend rule text that applies to CME’s
Base Guaranty Fund to harmonize the
relevant rule text across CME’s Base,
IRS and CDS product classes. The
proposed changes would provide clarity
to the marketplace regarding CME’s
obligation to replenish its Base CME
Contribution during a Base Cooling-Off
Period. Because the proposed
amendments would clarify the
operation of CME’s rules and default
management procedures in connection
with its Base Guaranty Fund, the
changes should therefore be seen 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
Furthermore, the proposed changes
are limited to CME’s Base Guaranty
Fund, which means the proposed
changes are limited in their effect to
products that are under the exclusive
jurisdiction of the CFTC. As such, the
proposed CME changes are limited to
CME’s activities as a DCO clearing
swaps that are not security-based swaps;
CME notes that the policies of the CFTC
4 17
U.S.C. 78q–1.
6 15 U.S.C. 78q–1(b)(3)(F).
CFR 240.19b–4(f)(4)(ii).
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21:48 Aug 25, 2014
Jkt 232001
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 overthe-counter derivatives markets,
promoting the prompt and accurate
clearance of transactions and protecting
investors and the public interest.
Because the proposed changes are
limited in their effect to CME’s Base
Guaranty Fund, the proposed 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, swaps that are not securitybased swaps or mixed swaps; and
forwards that are not security forwards;
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. The proposed changes
simply provide clarity to the
marketplace regarding CME’s obligation
to replenish its Base CME Contribution
during a Base Cooling-Off Period.
Further, the changes are limited to
CME’s Base Guaranty Fund and, as
such, do not affect the security-based
swap clearing activities of CME in any
way and therefore do not impose any
burden on competition that is
inappropriate in furtherance of the
purposes of the Act.
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.
7 15
5 15
PO 00000
Frm 00080
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50963
U.S.C. 78q–1.
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(4)(ii).
8 15
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50964
Federal Register / Vol. 79, No. 165 / Tuesday, August 26, 2014 / Notices
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.
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:
tkelley on DSK3SPTVN1PROD with NOTICES
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
No. SR–CME–2014–32 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC, 20549–1090.
All submissions should refer to File
Number SR–CME–2014–32. 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
10 15
11 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4)(ii).
VerDate Mar<15>2010
21:48 Aug 25, 2014
Jkt 232001
a.m. and 3 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–2014–32 and should
be submitted on or before September 16,
2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–20210 Filed 8–25–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72882; File No. SR–
NYSEArca–2014–58]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Granting Approval of
Proposed Rule Change, as Modified by
Amendment No. 1 Thereto, Relating to
Listing and Trading of Shares of
PIMCO Short-Term Exchange-Traded
Fund and PIMCO Municipal Bond
Exchange-Traded Fund Under NYSE
Arca Equities Rule 8.600
August 20, 2014.
I. Introduction
On June 25, 2014, NYSE Arca, Inc.
(‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’ or
‘‘Exchange Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
list and trade the shares (‘‘Shares’’) of
PIMCO Short-Term Exchange-Traded
Fund and PIMCO Municipal Bond
Exchange-Traded Fund (individually,
‘‘Fund,’’ and collectively, ‘‘Funds’’)
under NYSE Arca Equities Rule 8.600.
The proposed rule change was
published for comment in the Federal
Register on July 8, 2014.3 On July 16,
2014, NYSE Arca filed Amendment No.
1 to the proposal.4 The Commission
12 17
CFR 200.30–3(a)(12).
U.S.C.78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 72509
(July 1, 2014), 79 FR 38605 (‘‘Notice’’).
4 In Amendment No. 1, the Exchange amended
the proposed rule change to: (a) clarify how certain
1 15
2 17
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
received no comments on the proposal.
This order grants approval of the
proposed rule change, as modified by
Amendment No. 1 thereto.
II. Description of the Proposed Rule
Change
The Exchange proposes to list and
trade the Shares under NYSE Arca
Equities Rule 8.600, which governs the
listing and trading of Managed Fund
Shares on the Exchange. The Shares will
be offered by PIMCO ETF Trust
(‘‘Trust’’). The Trust is registered with
the Commission as an investment
company.5 The Funds are series of the
Trust.
The investment manager to the Funds
will be Pacific Investment Management
Company LLC (‘‘PIMCO’’ or ‘‘Adviser’’).
PIMCO Investments LLC will serve as
the distributor for the Funds. State
Street Bank & Trust Co. will serve as the
custodian and transfer agent to the
Funds. The Exchange represents that,
while the Adviser is not registered as a
broker-dealer, the Adviser is affiliated
with a broker-dealer and will implement
a fire wall with respect to its brokerdealer affiliate regarding access to
information concerning the composition
and changes to the portfolio.6 The
Exchange has made the following
representations and statements
describing the Funds and their
respective investment strategies,
including portfolio holdings and
investment restrictions.7
Fund assets would be valued; and (b) specify where
price information can be obtained for certain Fund
holdings. Amendment No. 1 provided clarification
to the proposed rule change, and because it does
not materially affect the substance of the proposed
rule change or raise novel or unique regulatory
issues, Amendment No. 1 is not subject to notice
and comment.
5 According to the Exchange, the Trust filed an
amendment to its registration statement on Form N–
1A under the Securities Act of 1933 and the
Investment Company Act of 1940 (‘‘1940 Act’’)
relating to the Funds (File Nos. 333–155395 and
811–22250) (‘‘Registration Statement’’). In addition,
the Exchange notes that the Trust has obtained
certain exemptive relief under the 1940 Act. See
Investment Company Act Release No. 28993
(November 10, 2009) (File No. 812–13571).
6 See Commentary .06 to NYSE Arca Equities
Rule 8.600. The Exchange represents that in the
event (a) the Adviser becomes registered as a
broker-dealer or newly affiliated with a brokerdealer, or (b) any new adviser or sub-adviser is a
registered broker-dealer or becomes affiliated with
a broker-dealer, such Adviser, new adviser, or new
sub-adviser will implement a fire wall with respect
to its relevant personnel or its broker-dealer
affiliate, as applicable, regarding access to
information concerning the composition of and
changes to the portfolio, and will be subject to
procedures designed to prevent the use and
dissemination of material, non-public information
regarding such portfolio.
7 Additional information regarding the Trust, the
Funds, and the Shares, investment strategies,
investment restrictions, risks, net asset value
(‘‘NAV’’) calculation, creation and redemption
E:\FR\FM\26AUN1.SGM
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Agencies
[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Notices]
[Pages 50962-50964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20210]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-72884; File No. SR-CME-2014-32]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 802.H
August 20, 2014.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on August 7, 2014, Chicago Mercantile Exchange
Inc. (``CME'') 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 CME. CME filed
the proposal pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule
19b-
[[Page 50963]]
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).
\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 a proposed rule change that is limited to its
business as a derivatives clearing organization. More specifically, the
proposed rule change contains certain clarifying amendments to CME Rule
802.H.
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 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. 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 and currently offers clearing
services for many different futures and swaps products. With this
filing, CME proposes to make rule changes that apply to CME's Base
Guaranty Fund. More specifically, the proposed changes would make
clarifying amendments to current CME Rule 802.H (Base Cooling Off
Period and Multiple Defaults).
CME previously amended CME Rule 802 on June 19, 2012 to establish a
fixed $100 million amount for CME's contribution to the financial
safeguards package associated with its Base Guaranty Fund (``Base CME
Contribution''). That amendment inadvertently excluded the express
language limiting CME's corporate contribution to the Base financial
safeguards package during the Base Cooling-Off Period, similar to CME's
structure for the CDS and IRS guaranty funds, which limit CME's
obligation during the respective cooling off periods applicable to CDS
and IRS. CME is now proposing to add the clarifying language into Rule
802.H to harmonize the relevant rule text across the Base, IRS and CDS
product classes and to provide clarity to the marketplace regarding
CME's obligation to replenish its Base CME Contribution during a Base
Cooling-Off Period.
The proposed rule change that is described in this filing is
limited to CME's Base Guaranty Fund and therefore is limited to its
business as a derivatives clearing organization clearing products under
the exclusive jurisdiction of the Commodity Futures Trading Commission
(``CFTC'') and does not materially impact CME's security-based swap
clearing business in any way. The proposed changes would become
effective immediately but would be operationalized on August 20, 2014.
CME notes that it has also submitted the proposed rule change that is
the subject of this filing to its primary regulator, the CFTC, in CME
Submission 14-277.
CME believes the proposed rule change is consistent with the
requirements of the Exchange Act including Section 17A of the Exchange
Act.\5\ The proposed changes would amend rule text that applies to
CME's Base Guaranty Fund to harmonize the relevant rule text across
CME's Base, IRS and CDS product classes. The proposed changes would
provide clarity to the marketplace regarding CME's obligation to
replenish its Base CME Contribution during a Base Cooling-Off Period.
Because the proposed amendments would clarify the operation of CME's
rules and default management procedures in connection with its Base
Guaranty Fund, the changes should therefore be seen 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 proposed changes are limited to CME's Base
Guaranty Fund, which means the proposed changes are limited in their
effect to products that are under the exclusive jurisdiction of the
CFTC. As such, the proposed CME changes are limited to CME's activities
as a DCO 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 proposed changes are limited in their effect to CME's
Base Guaranty Fund, the proposed 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, swaps that are not security-based swaps or mixed
swaps; and forwards that are not security forwards; 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.
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\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).
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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. The proposed changes
simply provide clarity to the marketplace regarding CME's obligation to
replenish its Base CME Contribution during a Base Cooling-Off Period.
Further, the changes are limited to CME's Base Guaranty Fund and, as
such, do not affect the security-based swap clearing activities of CME
in any way and therefore do not impose any burden on competition that
is inappropriate in furtherance of the purposes of the Act.
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.
[[Page 50964]]
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.
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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(4)(ii).
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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 No. SR-CME-2014-32 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC, 20549-1090.
All submissions should refer to File Number SR-CME-2014-32. 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
a.m. and 3 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-2014-32
and should be submitted on or before September 16, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-20210 Filed 8-25-14; 8:45 am]
BILLING CODE 8011-01-P