Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to CME Rule 816, 63194-63196 [2014-25076]
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63194
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days after publication (i) as the
Commission may designate if it finds
such longer period to be appropriate
and publishes its reasons for so finding
or (ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
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–
NYSE–2014–53 on the subject line.
mstockstill on DSK4VPTVN1PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSE–2014–53. 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 the
18:22 Oct 21, 2014
Jkt 235001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–25079 Filed 10–21–14; 8:45 am]
BILLING CODE 8011–01–P
IV. Solicitation of Comments
VerDate Sep<11>2014
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–
2014–53 and should be submitted on or
before November 12, 2014.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73370; File No. SR–CME–
2014–41]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change to CME Rule 816
October 16, 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 October
7, 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 proposing to make certain
changes to CME Rule 816 which governs
guaranty fund deposits. More
specifically, the proposed changes
would amend CME Rule 816 (Guaranty
Fund Deposit) to establish CME risk
management staff as responsible for
18 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
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
determining one of the two alternative
minimum amounts for clearing
members’ Base Guaranty Fund deposits.
The proposed changes would only
impact the CME Base Guaranty Fund
and would not impact the CME CDS
Guaranty Fund.
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 derivatives
clearing organization with the
Commodity Futures Trading
Commission (‘‘CFTC’’) and operates a
substantial business clearing futures and
swaps contracts subject to the
jurisdiction of the CFTC. CME is
proposing to make certain changes to
CME Rule 816 which governs guaranty
fund deposits. The proposed changes
would only impact the CME Base
Guaranty Fund and would not impact
the CME CDS Guaranty Fund.
More specifically, the proposed
changes would amend CME Rule 816
(Guaranty Fund Deposit) to establish
CME risk management staff as
responsible for determining one of the
two alternative minimum amounts for
clearing members’ Base Guaranty Fund
deposits. Under current Rule 816, the
minimum Base Guaranty Fund deposit
of each clearing member is calculated as
the greater of (a) a minimum amount
specified by the Clearing House Risk
Committee (‘‘CHRC’’) or (b) the clearing
member’s proportionate share of the
‘‘Aggregate Guaranty Fund Deposit,’’ an
amount which is also determined by the
CHRC.
Revised Rule 816 would empower
CME risk management staff rather than
the CHRC to determine the Aggregate
Guaranty Fund Deposit, thus enabling
risk management staff to adjust the
minimum Base Guaranty Fund deposit
as necessary to remain in compliance
with CME’s financial resource
requirements under applicable
Commodity Futures Trading
Commission (‘‘CFTC’’) regulations. The
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Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
‘greater of’ measure established in Rule
816 will remain unchanged, meaning
risk management staff may not establish
a clearing member’s minimum Base
Guaranty Fund deposit lower than the
minimum amount specified by the
CHRC.
Additionally, a paragraph referencing
Kansas City Board of Trade (‘‘KCBT’’)
clearing permit holders is being
removed from CME Rule 816 as the
permit holders’ status has expired
pursuant to the terms of the KCBTChicago Board of Trade merger
agreement.
As highlighted above, the proposed
changes in this filing are limited to
CME’s Base Guaranty Fund and
therefore do not impact CME’s CDS
guaranty fund. The proposed rule
change would become effective
immediately but would be
operationalized on October 17, 2014.
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
enhance CME’s ability to manage risks
posed by its clearing members by
enabling clearing house staff to require
a higher minimum Base Guaranty Fund
deposit amount as needed. Allowing
staff rather than the CHRC to determine
the Aggregate Guaranty Fund Deposit
amount provides CME with additional
risk management flexibility. For these
reasons, the proposed changes should
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
products 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 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 that
are under the exclusive jurisdiction of
the CFTC and are therefore 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
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
would enhance CME’s ability to manage
risks posed by its clearing members by
enabling clearing house staff to require
a higher minimum Base Guaranty Fund
deposit amount as needed. Allowing
staff rather than the CHRC to determine
the Aggregate Guaranty Fund Deposit
amount provides CME with additional
risk management flexibility. Further, the
proposed changes relate only to
products that fall under the exclusive
jurisdiction of the CFTC. As such, these
proposed changes 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.
U.S.C. 78q–1.
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(4)(ii).
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:
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–2014–41 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–2014–41. 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
7 15
5 15
U.S.C. 78q–1.
6 15 U.S.C. 78q–1(b)(3)(F).
VerDate Sep<11>2014
18:22 Oct 21, 2014
8 15
Jkt 235001
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63195
10 15
11 17
E:\FR\FM\22OCN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4)(ii).
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63196
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
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–2014–41 and should
be submitted on or before November 12,
2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–25076 Filed 10–21–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73382; File No. SR–MIAX–
2014–52]
Self-Regulatory Organizations: Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend MIAX Rule 1107
Concerning Exchange Arbitrations
October 17, 2014.
mstockstill on DSK4VPTVN1PROD with NOTICES
Pursuant to the provisions of Section
19(b)(1) of the Securities Exchange Act
of 1934 (the ‘‘Act’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that
on October 2, 2014, Miami International
Securities Exchange LLC (‘‘MIAX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I and II below,
which Items have been substantially
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons. The
Exchange has designated the proposed
rule change as constituting a ‘‘noncontroversial’’ rule change under Rule
19b–4(f)(6) of the Act,3 which renders
the proposal effective upon receipt of
this filing by the Commission.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
rules to harmonize the language of
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
MIAX Rule 1107 (Arbitration) with that
of another options exchange, the
International Securities Exchange, LLC
(‘‘ISE’’). The text of the proposed rule
change is available on the Exchange’s
Web site at https://
www.miaxoptions.com/filter/wotitle/
rule_filing, at the principal office of the
Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange 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
1. Purpose
The Exchange proposes to amend
MIAX Rule 1107 (Arbitration) to
harmonize it with the rules of ISE in
order to incorporate by reference the
arbitration rules of Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’).4
The current MIAX Rule 1107 is based
on ISE Rule 1800, but incorporates by
reference the arbitration rules of the
Chicago Board Options Exchange
(‘‘CBOE’’). This was appropriate when
the Exchange maintained a Regulatory
Service Agreement (‘‘RSA’’) with CBOE.
The Exchange, however, recently
entered into a RSA with FINRA, which
became effective on October 1, 2014.
The Exchange believes the proposed
rule change to reference the arbitration
rules of FINRA is consistent with this
recent change in regulatory service
providers.
Proposed Rule Change
The Exchange proposes to replace
current references to CBOE arbitration
rules in MIAX Rule 1107 with
references to the corresponding
arbitration rules of FINRA. The
proposed rule change would align
MIAX’s arbitration rule with the
arbitration rule of ISE, which also
references FINRA’s arbitration rules.5
As proposed, the Rule 12000 Series and
1 15
VerDate Sep<11>2014
18:22 Oct 21, 2014
4 See
5 See
Jkt 235001
PO 00000
ISE Rule 1800.
ISE Rule 1800.
Frm 00119
Fmt 4703
Sfmt 4703
Rule 13000 Series of the FINRA Manual
(Code of Arbitration Procedures for
Customer Disputes and Code of
Arbitration Procedures for Industry
Disputes, respectively) (collectively, the
‘‘FINRA Code of Arbitration’’), as the
same may be in effect from time to time,
would govern Exchange arbitrations
except as may be specified in proposed
Rule 1107. Definitions in the FINRA
Code of Arbitration would have the
same meaning as prescribed therein,
and procedures in the FINRA Code of
Arbitration would have the same
application with respect to Exchange
arbitrations.
Under proposed Rule 1107, any
dispute, claim, or controversy arising
out of or in connection with the
business of any member of the Exchange
(‘‘Member’’), or arising out of the
employment or termination of
employment of associated person(s)
with any Member would be arbitrable,
except that: (1) A dispute, claim, or
controversy alleging employment
discrimination (including a sexual
harassment claim) in violation of a
statue may only be arbitrated if the
parties have agreed to arbitrate it after
the dispute arose; and (2) any type of
dispute, claim, or controversy that is not
permitted to be arbitrated under the
FINRA Code of Arbitration (such as
class action claims) shall not be eligible
for arbitration under proposed Rule
1107. In addition, under the proposal
the requirements of FINRA Rule 2268
(Requirements When Using Predispute
Arbitration Agreements for Customer
Accounts) would apply to predispute
arbitration agreements between
Members and their customers.
In addition, under proposed Rule
1107, if any matter comes to the
attention of an arbitrator during, and in
connection with, the arbitrator’s
participation in a proceeding, either
from the record of the proceeding or
from material or communications
related to the proceeding, that the
arbitrator has reason to believe may
constitute a violation of the Exchange’s
rules or the federal securities laws, the
arbitrator may initiate a referral of the
matter to the Exchange for disciplinary
investigation; provided, however, that
any such referral could only be initiated
by an arbitrator after the matter before
her or him has been settled or otherwise
disposed of, or after an award finally
disposing of the matter has been
rendered pursuant to FINRA Rules
12904 or 13904, as applicable.
If the proposal is approved, the
principle structure of the Exchange’s
arbitration rule would remain the same,
except that it would reference the
applicable FINRA arbitration rules in
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Agencies
[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63194-63196]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25076]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73370; File No. SR-CME-2014-41]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
CME Rule 816
October 16, 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 October 7, 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 proposing to make certain changes to CME Rule 816 which
governs guaranty fund deposits. More specifically, the proposed changes
would amend CME Rule 816 (Guaranty Fund Deposit) to establish CME risk
management staff as responsible for determining one of the two
alternative minimum amounts for clearing members' Base Guaranty Fund
deposits. The proposed changes would only impact the CME Base Guaranty
Fund and would not impact the CME CDS Guaranty Fund.
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 derivatives clearing organization with the
Commodity Futures Trading Commission (``CFTC'') and operates a
substantial business clearing futures and swaps contracts subject to
the jurisdiction of the CFTC. CME is proposing to make certain changes
to CME Rule 816 which governs guaranty fund deposits. The proposed
changes would only impact the CME Base Guaranty Fund and would not
impact the CME CDS Guaranty Fund.
More specifically, the proposed changes would amend CME Rule 816
(Guaranty Fund Deposit) to establish CME risk management staff as
responsible for determining one of the two alternative minimum amounts
for clearing members' Base Guaranty Fund deposits. Under current Rule
816, the minimum Base Guaranty Fund deposit of each clearing member is
calculated as the greater of (a) a minimum amount specified by the
Clearing House Risk Committee (``CHRC'') or (b) the clearing member's
proportionate share of the ``Aggregate Guaranty Fund Deposit,'' an
amount which is also determined by the CHRC.
Revised Rule 816 would empower CME risk management staff rather
than the CHRC to determine the Aggregate Guaranty Fund Deposit, thus
enabling risk management staff to adjust the minimum Base Guaranty Fund
deposit as necessary to remain in compliance with CME's financial
resource requirements under applicable Commodity Futures Trading
Commission (``CFTC'') regulations. The
[[Page 63195]]
`greater of' measure established in Rule 816 will remain unchanged,
meaning risk management staff may not establish a clearing member's
minimum Base Guaranty Fund deposit lower than the minimum amount
specified by the CHRC.
Additionally, a paragraph referencing Kansas City Board of Trade
(``KCBT'') clearing permit holders is being removed from CME Rule 816
as the permit holders' status has expired pursuant to the terms of the
KCBT-Chicago Board of Trade merger agreement.
As highlighted above, the proposed changes in this filing are
limited to CME's Base Guaranty Fund and therefore do not impact CME's
CDS guaranty fund. The proposed rule change would become effective
immediately but would be operationalized on October 17, 2014.
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 enhance CME's ability to manage
risks posed by its clearing members by enabling clearing house staff to
require a higher minimum Base Guaranty Fund deposit amount as needed.
Allowing staff rather than the CHRC to determine the Aggregate Guaranty
Fund Deposit amount provides CME with additional risk management
flexibility. For these reasons, the proposed changes should 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\
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\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 products 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
products that are under the exclusive jurisdiction of the CFTC and are
therefore 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 proposed changes
would enhance CME's ability to manage risks posed by its clearing
members by enabling clearing house staff to require a higher minimum
Base Guaranty Fund deposit amount as needed. Allowing staff rather than
the CHRC to determine the Aggregate Guaranty Fund Deposit amount
provides CME with additional risk management flexibility. Further, the
proposed changes relate only to products that fall under the exclusive
jurisdiction of the CFTC. As such, these proposed changes 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.
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 Number SR-CME-2014-41 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-2014-41. 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
[[Page 63196]]
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-2014-41
and should be submitted on or before November 12, 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. 2014-25076 Filed 10-21-14; 8:45 am]
BILLING CODE 8011-01-P