Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Amendments to CME ClearPort Hours for Certain Commodity Index Cleared OTC Swap Contracts, 60879-60881 [2014-23980]
Download as PDF
60879
Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Notices
above.53 In its review of the proposal,
the Commission has carefully
considered all of the comments
received. The Commission
acknowledges the concerns raised by
the commenter, as detailed above,54
about the potential impact on
competition resulting from the Proposal
in the Exchange’s rules governing
priority and order allocation for open
outcry transactions. At the same time,
the Commission also acknowledges the
Exchange’s belief that this Proposal will
encourage order flow providers to send
additional crossing, facilitation, and
solicited orders to the Exchange,55 as
well as its belief that today, electronic
options trading is well-established and
no longer requires special rules and
incentives to develop further.56
Phlx Rule 1014, Commentary
.05(c)(ii), as proposed to be revised,
describes priority for crossing,
facilitation, and solicited orders in open
outcry transactions. The proposed rules
governing open outcry during crossing,
facilitation, and solicited transactions
on the Exchange floor are similar to the
rules governing priority in crossing
transactions at other exchanges.57 Given
that other options exchanges currently
have rules that provide lower priority to
non-priority customer orders on the
electronic book during crossing
transactions on those exchanges, the
Exchange’s proposed revisions to its
priority scheme for floor transactions
will allow Phlx to compete with other
floor-based exchanges that have
substantially similar rules. Accordingly,
the Commission believes that it would
be appropriate and consistent with the
Act to approve the Exchange’s proposed
rule change.58
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act 59 that the
proposed rule change, as modified by
Amendment No. 1, (SR–Phlx–2014–23)
be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.60
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–23984 Filed 10–7–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73287; File No. SR–CME–
2014–39]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Make Amendments to CME
ClearPort Hours for Certain
Commodity Index Cleared OTC Swap
Contracts
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
notice is hereby given that on
September 25, 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 rules changes
that are limited to its business as a
derivatives clearing organization. CME
proposes to amend the current CME
ClearPort hours for certain enumerated
commodity index cleared swap
contracts. The proposed changes are as
follows:
October 2, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
Cleared OTC Swap product
DCM
Rulebook
chapter
CAW ............................
CCS .............................
CPC .............................
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Clearing code
AUD Chicago Soft Red Winter Swap (Cleared Only) ..........................................................................
Corn Calendar Swap (Clearing Only) ..................................................................................................
USD Malaysian Crude Palm Oil Calendar Swap (Cleared Only) ........................................................
CBT
CBT
CME
14G
10C
204A
53 See ISE Letters I and II. See also notes 29–37
and 44–49 and accompanying text describing the
issues and concerns raised by these comments.
54 See supra notes 29–37 and 44–49 and
accompanying text.
55 See Notice, 79 FR at 27353.
56 See Amendment No. 1 at 4.
57 See, e.g., CBOE Rule 6.74; NYSE MKT Rule
934NY; NYSE Arca Rule 6.47. CBOE Rule 6.74
provides that for purposes of establishing priority
at the same price, bids and offers of In-Crowd
Market Participants have first priority, except with
respect to public customer orders resting in the
electronic book; and all other bids and offers
(including bids and offers of broker-dealer orders in
the electronic book and electronic quotes of MarketMakers) have second priority. NYSE MKT Rule
934NY(b)(3) provides that, for a non-facilitation
cross, if there are bids or offers in the Consolidated
Book better than the proposed execution price or
Customer Orders in the Consolidated Book priced
at the proposed execution price, the Floor Broker
must trade against such bids or offers in the
Consolidated Book. Once bids or offers in the Book
are satisfied, the Floor Broker may cross the balance
of the orders, if any, to be crossed. NYSE Arca Rule
6.47 provides that, for crossing orders, the Floor
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17:27 Oct 07, 2014
Jkt 235001
Broker must trade against: (i) Customer bids or
offers on the Consolidated Book priced equal or
better than the proposed execution price; and (ii)
better-priced non-Customer bids or offers on the
Consolidated book along with any equal-priced
non-Customer bids and offers that are ranked ahead
of any equal-priced Customer bids and offers.
58 As noted above, the Exchange’s proposal is
intended to bring its floor priority rules for crossing,
facilitation, and solicited orders in line with the
floor priority rules of certain other options
exchanges. However, the Commission is aware of
the concerns, as expressed by the commenter, that
the rules of an options trading floor should allow
for sufficient competition for orders. This concern
is one that the Commission staff intends to continue
to evaluate in the context of its ongoing empirical
consideration of market structure. For example,
there currently is relatively little information
available about the extent and nature of floor
crossing transactions. The Commission staff,
however, expects that an exchange with a trading
floor, as part of its regulatory obligations, will
monitor the extent to which competition is
maintained in floor crossing transactions. One way
an exchange could do so would be to assess
periodically the level of participation in such
crossing transactions by market makers and other
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
market participants, aside from the firm that
initiated the cross, and review whether its rules
appropriately allow for such competition. In
addition, the Commission reminds broker-dealers
that the duty of best execution requires them to
assess periodically the quality of competing markets
to assure that order flow is directed to the markets
providing the most beneficial terms for their
customer orders. See, e.g., Order Execution
Obligations, Securities Exchange Act Release No.
37619A (September 6, 1996), 61 FR 48290 at 48322–
33 (September 12, 1996). Broker-dealers must
examine their procedures for seeking to obtain best
execution in light of market and technology changes
and modify those practices if necessary to enable
their customers to obtain the best reasonably
available prices. See id. at 48323. In doing so,
broker-dealers must take into account price
improvement opportunities, and whether different
markets may be more suitable for different types of
orders or particular securities. See id.
59 15 U.S.C. 78s(b)(2).
60 17 CFR 200.30–3(a)(12).
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).
E:\FR\FM\08OCN1.SGM
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60880
Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Notices
Clearing code
Cleared OTC Swap product
DCM
Rulebook
chapter
DFL ..............................
DFT ..............................
DG2 .............................
DG3 .............................
DGS .............................
KAW ............................
KWS ............................
RRE .............................
SE2 ..............................
SE3 ..............................
SES .............................
SNS .............................
UFG .............................
UFN .............................
UFU .............................
UFZ ..............................
WCS ............................
DAP FOB NOLA Swaps (Clearing Only) .............................................................................................
DAP FOB Tampa Swaps (Clearing Only) ............................................................................................
Bloomberg Commodity Index 2-Month Forward Swaps (Cleared OTC) .............................................
Bloomberg Commodity Index 3-Month Forward Swaps (Cleared OTC) .............................................
Bloomberg Commodity Index Swaps (Cleared OTC) ..........................................................................
AUD KC Hard Red Winter Wheat Swap (Cleared Only) .....................................................................
KC HRW Wheat Calendar Spread Options .........................................................................................
S&P GSCI Enhanced ER Index Swaps (Cleared OTC) ......................................................................
S&P GSCI ER Index 2 Month Forward Swaps (Cleared OTC) ...........................................................
S&P GSCI–ER Index 3 Month Forward Swaps (Cleared OTC) ..........................................................
S&P GSCI ER swap .............................................................................................................................
Soybean Calendar Swaps (Clearing Only) ..........................................................................................
Urea (Granular) FOB Egypt Swaps (Clearing Only) ............................................................................
Urea (Granular) FOB US Gulf Coast Swaps (Clearing Only) ..............................................................
UAN FOB NOLA Swaps (Clearing Only) .............................................................................................
Urea (Prilled) FOB Yuzhny Swaps (Clearing Only) .............................................................................
Wheat Calendar Swaps (Clearing Only) ..............................................................................................
CBT
CBT
CBT
CBT
CBT
CBT
CBT
CME
CME
CME
CME
CBT
CBT
CBT
CBT
CBT
CBT
48
47
29B
29C
29A
14J
14M
415B
415E
415F
415A
11D
50
45
46
49
14C
The current hours for submission to
clearing via CME ClearPort for the
above-referenced contracts are 5:00 p.m.
CT to 4:15 p.m. CT next day, SundayFriday. The new hours for the abovereferenced contracts will be 6:00 p.m.
CT to 5:45 p.m. CT next day, SundayFriday.
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.
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
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. The proposed rule
change would amend the CME ClearPort
hours for commodity index cleared
swap contracts. CME ClearPort provides
functionality for the acceptance of
contracts for clearing. The affected
contracts are listed below:
Cleared OTC Swap product
DCM
Rulebook
chapter
CAW ............................
CCS .............................
CPC .............................
DFL ..............................
DFT ..............................
DG2 .............................
DG3 .............................
DGS .............................
KAW ............................
KWS ............................
RRE .............................
SE2 ..............................
SE3 ..............................
SES .............................
SNS .............................
UFG .............................
UFN .............................
UFU .............................
UFZ ..............................
WCS ............................
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Clearing code
AUD Chicago Soft Red Winter Swap (Cleared Only) ..........................................................................
Corn Calendar Swap (Clearing Only) ..................................................................................................
USD Malaysian Crude Palm Oil Calendar Swap (Cleared Only) ........................................................
DAP FOB NOLA Swaps (Clearing Only) .............................................................................................
DAP FOB Tampa Swaps (Clearing Only) ............................................................................................
Bloomberg Commodity Index 2-Month Forward Swaps (Cleared OTC) .............................................
Bloomberg Commodity Index 3-Month Forward Swaps (Cleared OTC) .............................................
Bloomberg Commodity Index Swaps (Cleared OTC) ..........................................................................
AUD KC Hard Red Winter Wheat Swap (Cleared Only) .....................................................................
KC HRW Wheat Calendar Spread Options .........................................................................................
S&P GSCI Enhanced ER Index Swaps (Cleared OTC) ......................................................................
S&P GSCI ER Index 2 Month Forward Swaps (Cleared OTC) ...........................................................
S&P GSCI–ER Index 3 Month Forward Swaps (Cleared OTC) ..........................................................
S&P GSCI ER swap .............................................................................................................................
Soybean Calendar Swaps (Clearing Only) ..........................................................................................
Urea (Granular) FOB Egypt Swaps (Clearing Only) ............................................................................
Urea (Granular) FOB US Gulf Coast Swaps (Clearing Only) ..............................................................
UAN FOB NOLA Swaps (Clearing Only) .............................................................................................
Urea (Prilled) FOB Yuzhny Swaps (Clearing Only) .............................................................................
Wheat Calendar Swaps (Clearing Only) ..............................................................................................
CBT
CBT
CME
CBT
CBT
CBT
CBT
CBT
CBT
CBT
CME
CME
CME
CME
CBT
CBT
CBT
CBT
CBT
CBT
14G
10C
204A
48
47
29B
29C
29A
14J
14M
415B
415E
415F
415A
11D
50
45
46
49
14C
The current hours for submission to
clearing via CME ClearPort for these
contracts are 5:00 p.m. CT to 4:15 p.m.
CT next day, Sunday-Friday. Under the
proposed rule change, the new hours for
the affected contracts would be 6:00
p.m. CT to 5:45 p.m. CT next day,
Sunday-Friday. The proposed change in
VerDate Sep<11>2014
17:27 Oct 07, 2014
Jkt 235001
hours will shorten the period in which
daily trade submission is halted from 45
minutes to 15 minutes. The proposed
new hours will be made known to the
trading community in advance of the
effective date via a Special Executive
Report and will be posted in the trading
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
specifications for the contracts on the
CME Web site.
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
E:\FR\FM\08OCN1.SGM
08OCN1
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Notices
any way. The proposed changes would
become effective immediately but
would be operationalized on October 6,
2014. 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.
14–382.
CME believes the proposed rule
change is consistent with the
requirements of the Exchange Act
including Section 17A of the Exchange
Act.5 CME is proposing revised hours
for acceptance of cleared swap
contracts; the proposed changes would
have the effect of shortening the period
in which daily trade submission is
halted from 45 minutes to 15 minutes
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.6
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 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 securitybased swaps or mixed swaps; and
5 15
U.S.C. 78q–1.
6 15 U.S.C. 78q–1(b)(3)(F).
VerDate Sep<11>2014
17:27 Oct 07, 2014
Jkt 235001
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 amendments would
adopt new CME ClearPort hours for
twenty commodity index cleared swap
contracts. 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
Written comments relating to the
proposed changes have not been
solicited or received. CME will notify
the Commission of any written
comments received by CME.
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.
7 15
U.S.C. 78q–1.
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(4)(ii).
10 15 U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(4)(ii).
8 15
PO 00000
Frm 00078
Fmt 4703
Sfmt 9990
60881
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–2014–39 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–2014–39. 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–2014–39 and should
be submitted on or before October 29,
2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–23980 Filed 10–7–14; 8:45 am]
BILLING CODE 8011–01–P
12 17
E:\FR\FM\08OCN1.SGM
CFR 200.30–3(a)(12).
08OCN1
Agencies
[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Notices]
[Pages 60879-60881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23980]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73287; File No. SR-CME-2014-39]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Make Amendments to CME ClearPort Hours for Certain Commodity Index
Cleared OTC Swap Contracts
October 2, 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 25, 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 rules changes that are limited to its
business as a derivatives clearing organization. CME proposes to amend
the current CME ClearPort hours for certain enumerated commodity index
cleared swap contracts. The proposed changes are as follows:
------------------------------------------------------------------------
Cleared OTC Swap Rulebook
Clearing code product DCM chapter
------------------------------------------------------------------------
CAW......................... AUD Chicago Soft Red CBT 14G
Winter Swap
(Cleared Only).
CCS......................... Corn Calendar Swap CBT 10C
(Clearing Only).
CPC......................... USD Malaysian Crude CME 204A
Palm Oil Calendar
Swap (Cleared Only).
[[Page 60880]]
DFL......................... DAP FOB NOLA Swaps CBT 48
(Clearing Only).
DFT......................... DAP FOB Tampa Swaps CBT 47
(Clearing Only).
DG2......................... Bloomberg Commodity CBT 29B
Index 2-Month
Forward Swaps
(Cleared OTC).
DG3......................... Bloomberg Commodity CBT 29C
Index 3-Month
Forward Swaps
(Cleared OTC).
DGS......................... Bloomberg Commodity CBT 29A
Index Swaps
(Cleared OTC).
KAW......................... AUD KC Hard Red CBT 14J
Winter Wheat Swap
(Cleared Only).
KWS......................... KC HRW Wheat CBT 14M
Calendar Spread
Options.
RRE......................... S&P GSCI Enhanced ER CME 415B
Index Swaps
(Cleared OTC).
SE2......................... S&P GSCI ER Index 2 CME 415E
Month Forward Swaps
(Cleared OTC).
SE3......................... S&P GSCI-ER Index 3 CME 415F
Month Forward Swaps
(Cleared OTC).
SES......................... S&P GSCI ER swap.... CME 415A
SNS......................... Soybean Calendar CBT 11D
Swaps (Clearing
Only).
UFG......................... Urea (Granular) FOB CBT 50
Egypt Swaps
(Clearing Only).
UFN......................... Urea (Granular) FOB CBT 45
US Gulf Coast Swaps
(Clearing Only).
UFU......................... UAN FOB NOLA Swaps CBT 46
(Clearing Only).
UFZ......................... Urea (Prilled) FOB CBT 49
Yuzhny Swaps
(Clearing Only).
WCS......................... Wheat Calendar Swaps CBT 14C
(Clearing Only).
------------------------------------------------------------------------
The current hours for submission to clearing via CME ClearPort for
the above-referenced contracts are 5:00 p.m. CT to 4:15 p.m. CT next
day, Sunday-Friday. The new hours for the above-referenced contracts
will be 6:00 p.m. CT to 5:45 p.m. CT next day, Sunday-Friday.
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. The proposed rule change would amend
the CME ClearPort hours for commodity index cleared swap contracts. CME
ClearPort provides functionality for the acceptance of contracts for
clearing. The affected contracts are listed below:
------------------------------------------------------------------------
Cleared OTC Swap Rulebook
Clearing code product DCM chapter
------------------------------------------------------------------------
CAW......................... AUD Chicago Soft Red CBT 14G
Winter Swap
(Cleared Only).
CCS......................... Corn Calendar Swap CBT 10C
(Clearing Only).
CPC......................... USD Malaysian Crude CME 204A
Palm Oil Calendar
Swap (Cleared Only).
DFL......................... DAP FOB NOLA Swaps CBT 48
(Clearing Only).
DFT......................... DAP FOB Tampa Swaps CBT 47
(Clearing Only).
DG2......................... Bloomberg Commodity CBT 29B
Index 2-Month
Forward Swaps
(Cleared OTC).
DG3......................... Bloomberg Commodity CBT 29C
Index 3-Month
Forward Swaps
(Cleared OTC).
DGS......................... Bloomberg Commodity CBT 29A
Index Swaps
(Cleared OTC).
KAW......................... AUD KC Hard Red CBT 14J
Winter Wheat Swap
(Cleared Only).
KWS......................... KC HRW Wheat CBT 14M
Calendar Spread
Options.
RRE......................... S&P GSCI Enhanced ER CME 415B
Index Swaps
(Cleared OTC).
SE2......................... S&P GSCI ER Index 2 CME 415E
Month Forward Swaps
(Cleared OTC).
SE3......................... S&P GSCI-ER Index 3 CME 415F
Month Forward Swaps
(Cleared OTC).
SES......................... S&P GSCI ER swap.... CME 415A
SNS......................... Soybean Calendar CBT 11D
Swaps (Clearing
Only).
UFG......................... Urea (Granular) FOB CBT 50
Egypt Swaps
(Clearing Only).
UFN......................... Urea (Granular) FOB CBT 45
US Gulf Coast Swaps
(Clearing Only).
UFU......................... UAN FOB NOLA Swaps CBT 46
(Clearing Only).
UFZ......................... Urea (Prilled) FOB CBT 49
Yuzhny Swaps
(Clearing Only).
WCS......................... Wheat Calendar Swaps CBT 14C
(Clearing Only).
------------------------------------------------------------------------
The current hours for submission to clearing via CME ClearPort for
these contracts are 5:00 p.m. CT to 4:15 p.m. CT next day, Sunday-
Friday. Under the proposed rule change, the new hours for the affected
contracts would be 6:00 p.m. CT to 5:45 p.m. CT next day, Sunday-
Friday. The proposed change in hours will shorten the period in which
daily trade submission is halted from 45 minutes to 15 minutes. The
proposed new hours will be made known to the trading community in
advance of the effective date via a Special Executive Report and will
be posted in the trading specifications for the contracts on the CME
Web site.
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
[[Page 60881]]
any way. The proposed changes would become effective immediately but
would be operationalized on October 6, 2014. 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. 14-382.
CME believes the proposed rule change is consistent with the
requirements of the Exchange Act including Section 17A of the Exchange
Act.\5\ CME is proposing revised hours for acceptance of cleared swap
contracts; the proposed changes would have the effect of shortening the
period in which daily trade submission is halted from 45 minutes to 15
minutes 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.\6\
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\5\ 15 U.S.C. 78q-1.
\6\ 15 U.S.C. 78q-1(b)(3)(F).
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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
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 \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).
---------------------------------------------------------------------------
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
adopt new CME ClearPort hours for twenty commodity index cleared swap
contracts. 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
Written comments relating to the proposed changes have not been
solicited or received. CME will notify the Commission of any written
comments received by CME.
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-2014-39 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-2014-39. 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-2014-39
and should be submitted on or before October 29, 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. 2014-23980 Filed 10-7-14; 8:45 am]
BILLING CODE 8011-01-P