Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Settlement Procedures Regarding a CME Cleared OTC FX Spot, Forward and Swap Contract, 60221-60223 [2014-23699]
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
interest to provide the depth and
liquidity necessary to promote fair and
orderly markets.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule changes will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purpose of the Act. The proposed
rule changes will expand the
competition for the listing of equity
securities of operating companies as
they will enable the NYSE to compete
for the listing of companies that are
currently not qualified for listing on the
NYSE but are qualified to list on other
national securities exchanges.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to 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)(iii) of the Act 13 and Rule
19b–4(f)(6) thereunder.14 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
prior to 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 and Rule 19b–4(f)(6)(iii)
thereunder.15
A proposed rule change filed under
Rule 19b–4(f)(6) 16 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),17 the
Commission may designate a shorter
time if such action is consistent with the
13 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
15 In addition, Rule 19b–4(f)(6)(iii) requires the
Exchange to give the Commission written notice of
the Exchange’s intent to file the proposed rule
change, along with a brief description and 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. The Exchange has satisfied this
requirement.
16 17 CFR 240.19b–4(f)(6).
17 17 CFR 240.19b–4(f)(6)(iii).
mstockstill on DSK4VPTVN1PROD with NOTICES
14 17
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protection of investors and the public
interest.
At any time within 60 days of the
filing of such 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) 18 of the Act to
determine whether the proposed rule
change 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–NYSE–2014–52 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–NSYE–2014–52. 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
18 15
PO 00000
U.S.C. 78s(b)(2)(B).
Frm 00096
Fmt 4703
Sfmt 4703
60221
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 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–NYSE–
2014–52 and should be submitted on or
before October 27, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–23702 Filed 10–3–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73258; File No. SR–CME–
2014–38]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change to Settlement Procedures
Regarding a CME Cleared OTC FX
Spot, Forward and Swap Contract
September 30, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
notice is hereby given that on
September 22, 2014, Chicago Mercantile
Exchange Inc. (‘‘CME’’) 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
primarily by CME. CME filed the
proposal pursuant to Section 19(b)(3)(A)
of the Act,3 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CME is filing proposed rule changes
that are limited to its business as a
derivatives clearing organization. More
specifically, the proposed rule change
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).
4 17 CFR 240.19b–4(f)(4)(ii).
1 15
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60222
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
contains amendments to certain aspects
of CME’s settlement procedures for one
of CME’s Cleared Over-the-Counter
Foreign Exchange Spot, Forward and
Swap Contracts.
mstockstill on DSK4VPTVN1PROD 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 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 these statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
CME is registered as a DCO with the
Commodity Futures Trading
Commission and offers clearing services
for many different futures and swaps
products. The proposed rule change that
is the subject of this filing is limited to
CME’s business as a DCO offering
clearing services for CFTC-regulated
swaps products. CME currently offers
clearing services for cleared-only OTC
FX contracts on a number of different
currency pairs. These CME Cleared OTC
FX Spot, Forward and Swap Contracts
are non-deliverable foreign currency
forward contracts and, as such, are
considered to be ‘‘swaps’’ under
applicable regulatory definitions.5 CME
proposes to make amendments to one of
these contracts.
The proposed amendments would
affect CME Rule 279H.02.A (‘‘Day of
Cash Settlement’’) of Chapter 279H—
Cleared OTC U.S. Dollar/Indian Rupee
(USD/INR) Spot, Forwards and Swaps
(Commodity Code: USDINR). More
specifically, CME is proposing to update
Rule 279H.02.A with this filing to
reflect the amended time that the
Reserve Bank of India will publish the
spot exchange rate. There is currently
no open interest in this contract.
The changes that are described in this
filing are limited to CME’s business as
a DCO clearing products under the
exclusive jurisdiction of the CFTC and
do not materially impact CME’s
5 See Commodity Futures Trading Commission
and Securities and Exchange Commission Joint
Final Rule Defining ‘‘Swap,’’ ‘‘Security-Based
Swap,’’ and ‘‘Security-Based Swap Agreement;’’
Mixed Swaps; Security-Based Swap Agreement
Recordkeeping; Final Rule, 77 FR 48207, 48255
(Aug. 13, 2012).
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17:17 Oct 03, 2014
Jkt 235001
security-based swap clearing business in
any way. The changes will be effective
on filing. CME notes that it has also
certified the proposed rule change that
is the subject of this filing to its primary
regulator, the Commodity Futures
Trading Commission (‘‘CFTC’’), in a
separate filing, CME Submission No.
14–388. The text of the CME proposed
rule amendments is attached, with
additions underlined and deletions in
brackets.
CME believes the proposed rule
change is consistent with the
requirements of the Exchange Act
including Section 17A of the Exchange
Act.6 CME is updating its rules to reflect
new practices by the Reserve Bank of
India, that is, changes to when the
relevant spot exchange rate is
published. Conforming to these changes
will benefit market participants clearing
OTC FX swaps contracts with CME and,
as such, should be seen to be 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.7
Furthermore, the proposed changes
are limited in their effect to products
offered under CME’s authority to act as
a DCO. The products that are the subject
of this filing 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,
futures that are not security futures and
forwards that are not security forwards.
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 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 OTC FX
products offered under CME’s authority
to act as a DCO, 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
6 15
7 15
PO 00000
U.S.C. 78q–1.
U.S.C. 78q–1(b)(3)(F).
Frm 00097
Fmt 4703
Sfmt 4703
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 8 and
are properly filed under Section
19(b)(3)(A) 9 and Rule 19b–4(f)(4)(ii) 10
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 amendments would
update CME rules to reflect the
amended time when the Reserve Bank
of India publishes the relevant spot
exchange rate. Therefore, the changes
merely conform CME’s contracts and
practices to relevant international
standards. Further, the changes are
limited to CME’s derivatives clearing
business and, as such, do not affect the
security-based swap clearing activities
of CME in any way and therefore would
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.
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) 11 of the Act and Rule 19b–
4(f)(4)(ii) 12 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,
8 15
U.S.C. 78q–1.
U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(4)(ii).
11 15 U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(4)(ii).
9 15
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
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:
mstockstill on DSK4VPTVN1PROD with NOTICES
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–2014–38 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–2014–38. 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
filings will also 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–2014–38 and should
be submitted on or before October 27,
2014.
For the Commission, by the Division
of Trading and Markets, pursuant to
delegated authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–23699 Filed 10–3–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73267; File No. SR–
NYSEArca–2014–108]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Exchange
Rule 6.1A To Codify the Terms
Complex BBO and Complex NBBO and
To Amend Rule 6.62(y) To Revise the
Definition of a PNP Plus Order
September 30, 2014.
19(b)(1) 1
Pursuant to Section
of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on
September 17, 2014, NYSE Arca, Inc.
(the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. 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
Exchange Rule 6.1A to codify the terms
Complex BBO and Complex NBBO and
to amend Rule 6.62(y) to revise the
definition of a PNP Plus order. 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
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
13 17
CFR 200.30–3(a)(12).
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17:17 Oct 03, 2014
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PO 00000
Frm 00098
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60223
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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Rule 6.1A to adopt definitions for the
terms Complex BBO and Complex
NBBO. Additionally, the Exchange
proposes to amend Rule 6.62(y) by
revising the definition of PNP Plus
orders, to specify that the order type is
available solely for Electronic Complex
Orders,4 and to describe the processing
of an Electronic Complex Order
designated as PNP Plus.
Complex BBO and Complex NBBO
The term BBO is defined in Exchange
Rule 6.1A(a)(2) as the best bid or offer
on OX,5 and the term NBBO is defined
in Exchange Rule 6.1A(a)(11) as the
national best bid or offer. In both cases
the best bid and offer represents the best
price available in an individual option
series as disseminated by either the
Exchange (in the case of the BBO) or the
Options Price Reporting Authority
(‘‘OPRA’’) (in the case of the NBBO).
Unlike bids and offers for each
individual option series, derived bids
and offers for Complex Orders are not
disseminated by either the Exchange or
OPRA.
Even though there is not a published
bid or offer for every complex order
strategy, there are situations where it is
necessary to derive a (theoretical) bid or
offer for a particular strategy.6 In order
to derive the best bid or best offer for a
given complex order strategy the
Exchange takes the best bid and best
offer in the individual leg markets
comprising the complex order strategy,
that when aggregated create either a
derived Complex BBO or derived
Complex NBBO for that same strategy.
The Exchange uses the best quotes
available on the Exchange in each
component series (as shown in OX) to
create the Complex BBO and the best
quotes available nationally in each
component series (as disseminated by
4 See
Rule 6.91.
is the Exchange’s electronic order delivery,
execution and reporting system for options through
which orders and quotes are consolidated for
execution and/or display. See Rule 6.1A(a)(13).
6 For example, the Complex Matching Engine
utilizes a Complex NBBO when establishing the
acceptable price range applicable to the opening
auction process for Electronic Complex Orders. See
Rule 6.91(a)(2)(i)(B).
5 OX
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Agencies
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60221-60223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23699]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73258; File No. SR-CME-2014-38]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Settlement Procedures Regarding a CME Cleared OTC FX Spot, Forward and
Swap Contract
September 30, 2014.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on September 22, 2014, Chicago Mercantile Exchange Inc. (``CME'') 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 primarily by CME. CME filed the proposal
pursuant to Section 19(b)(3)(A) of the Act,\3\ 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).
\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 rule changes that are limited to its
business as a derivatives clearing organization. More specifically, the
proposed rule change
[[Page 60222]]
contains amendments to certain aspects of CME's settlement procedures
for one of CME's Cleared Over-the-Counter Foreign Exchange Spot,
Forward and Swap Contracts.
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 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 these statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
CME is registered as a DCO with the Commodity Futures Trading
Commission and offers clearing services for many different futures and
swaps products. The proposed rule change that is the subject of this
filing is limited to CME's business as a DCO offering clearing services
for CFTC-regulated swaps products. CME currently offers clearing
services for cleared-only OTC FX contracts on a number of different
currency pairs. These CME Cleared OTC FX Spot, Forward and Swap
Contracts are non-deliverable foreign currency forward contracts and,
as such, are considered to be ``swaps'' under applicable regulatory
definitions.\5\ CME proposes to make amendments to one of these
contracts.
---------------------------------------------------------------------------
\5\ See Commodity Futures Trading Commission and Securities and
Exchange Commission Joint Final Rule Defining ``Swap,'' ``Security-
Based Swap,'' and ``Security-Based Swap Agreement;'' Mixed Swaps;
Security-Based Swap Agreement Recordkeeping; Final Rule, 77 FR
48207, 48255 (Aug. 13, 2012).
---------------------------------------------------------------------------
The proposed amendments would affect CME Rule 279H.02.A (``Day of
Cash Settlement'') of Chapter 279H--Cleared OTC U.S. Dollar/Indian
Rupee (USD/INR) Spot, Forwards and Swaps (Commodity Code: USDINR). More
specifically, CME is proposing to update Rule 279H.02.A with this
filing to reflect the amended time that the Reserve Bank of India will
publish the spot exchange rate. There is currently no open interest in
this contract.
The changes that are described in this filing are limited to CME's
business as a DCO clearing products under the exclusive jurisdiction of
the CFTC and do not materially impact CME's security-based swap
clearing business in any way. The changes will be effective on filing.
CME notes that it has also certified the proposed rule change that is
the subject of this filing to its primary regulator, the Commodity
Futures Trading Commission (``CFTC''), in a separate filing, CME
Submission No. 14-388. The text of the CME proposed rule amendments is
attached, with additions underlined and deletions in brackets.
CME believes the proposed rule change is consistent with the
requirements of the Exchange Act including Section 17A of the Exchange
Act.\6\ CME is updating its rules to reflect new practices by the
Reserve Bank of India, that is, changes to when the relevant spot
exchange rate is published. Conforming to these changes will benefit
market participants clearing OTC FX swaps contracts with CME and, as
such, should be seen to be 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.\7\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78q-1.
\7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
Furthermore, the proposed changes are limited in their effect to
products offered under CME's authority to act as a DCO. The products
that are the subject of this filing 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, futures that are not security futures and forwards that are not
security forwards. 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 OTC FX
products offered under CME's authority to act as a DCO, 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 \8\ and are properly filed under
Section 19(b)(3)(A) \9\ and Rule 19b-4(f)(4)(ii) \10\ thereunder.
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\8\ 15 U.S.C. 78q-1.
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 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 amendments would
update CME rules to reflect the amended time when the Reserve Bank of
India publishes the relevant spot exchange rate. Therefore, the changes
merely conform CME's contracts and practices to relevant international
standards. Further, the changes are limited to CME's derivatives
clearing business and, as such, do not affect the security-based swap
clearing activities of CME in any way and therefore would 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.
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) \11\ of the Act and Rule 19b-4(f)(4)(ii) \12\
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,
[[Page 60223]]
or otherwise in furtherance of the purposes of the Act.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 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 Number SR-CME-2014-38 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-2014-38. 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 filings will also 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-2014-38
and should be submitted on or before October 27, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-23699 Filed 10-3-14; 8:45 am]
BILLING CODE 8011-01-P