Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Withdrawal of Proposed Rule Change Related to Clearing of Certain iTraxx Europe Index Untranched CDS Contracts on Indices Administered by Markit, 69937 [2014-27704]
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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices
SECURITIES AND EXCHANGE
COMMISSION
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73626; File No. SR–CME–
2014–31]
[Release No. 34–73632; File No. SR–FINRA–
2014–046]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Withdrawal of Proposed Rule
Change Related to Clearing of Certain
iTraxx Europe Index Untranched CDS
Contracts on Indices Administered by
Markit
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Modify the Gross
Income Assessment Pricing Structure
November 18, 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 November
7, 2014, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by FINRA. FINRA has
designated the proposed rule change as
‘‘establishing or changing a due, fee or
other charge’’ under Section
19(b)(3)(A)(ii) of the Act 3 and Rule 19b–
4(f)(2) thereunder,4 which renders the
proposal effective upon receipt of this
filing by the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
On August 11, 2014, Chicago
Mercantile Exchange Inc. (‘‘CME’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 1 and Rule 19b–
4 thereunder,2 a proposed rule change
(SR–CME–2014–31) seeking to enable
CME to offer clearing of certain iTraxx
Europe index untranched CDS contracts
on indices administered by Markit
(‘‘iTraxx Contracts’’). Specifically, the
proposed rule change would update
CME’s CDS Product Rules to provide for
the clearing of the iTraxx Contracts.
Notice of the proposed rule change was
published in the Federal Register on
August 18, 2014.3 Notice of Amendment
No. 2 to the proposed rule change was
published in the Federal Register on
October 1, 2014.4 The Commission did
not receive comments on the proposal.
On October 2, 2014, the Commission
extended the time period in which to
either approve the proposed rule
change, disapprove the proposed rule
change, or institute proceedings to
determine whether to disapprove the
proposed rule change to November 16,
2014.5 On November 14, 2014, CME
withdrew the proposed rule change
(SR–CME–2014–31).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–27704 Filed 11–21–14; 8:45 am]
BILLING CODE 8011–01–P
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Securities Exchange Act Release No. 34–72833
(August 13, 2014), 79 FR 48797 (August 18, 2014)
(SR–CME–2014–31).
4 Securities Exchange Act Release No. 34–73275
(October 1, 2014), 79 FR 60563 (October 7, 2014)
(SR–CME–2014–31). On August 18, 2014, CME filed
Amendment No. 1 to the proposed rule change.
CME withdrew Amendment No. 1 on August 29,
2014.
5 Securities Exchange Act Release No. 34–73290
(October 2, 2014), 79 FR 60873 (October 8, 2014)
(SR–CME–2014–31).
6 17 CFR 200.30–3(a)(12).
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November 18, 2014.
II. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
FINRA is proposing to modify the
Gross Income Assessment pricing
structure in Section 1(c) of Schedule A
to the FINRA By-Laws.
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA 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,
FINRA 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. FINRA has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
2 17
PO 00000
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Sfmt 4703
69937
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for,the Proposed Rule
Change
1. Purpose
The proposed rule change is intended
to provide limited relief from the Gross
Income Assessment (‘‘GIA’’) for some
smaller FINRA members due to the
unanticipated effect of a 2009 change to
the method of calculating the
assessment. The GIA is one of a few
primary revenue sources that funds
FINRA’s regulatory operations 5 and is
based on a firm’s annual gross revenue.6
In 2008, FINRA established a seven-tier
rate structure to assess the GIA, with a
minimum assessment of $1,200. The
tiered rates, which have remained
unchanged, are as follows:
(1) $1,200.00 on annual gross revenue
up to $1 million;
(2) 0.1215% of annual gross revenue
greater than $1 million up to $25
million;
(3) 0.2599% of annual gross revenue
greater than $25 million up to $50
million;
(4) 0.0518% of annual gross revenue
greater than $50 million up to $100
million;
(5) 0.0365% of annual gross revenue
greater than $100 million up to $5
billion;
(6) 0.0397% of annual gross revenue
greater than $5 billion up to $25 billion;
and
(7) 0.0855% of annual gross revenue
greater than $25 billion.
As a result of this structure, GIA
revenues are derived overwhelmingly
from medium-sized and larger firms.
Due to rebates, firms with revenues of
$1 million or less effectively have paid
no GIA since 2008.
In November 2009, the Commission
approved changes to the GIA and PA
intended to help FINRA achieve a more
consistent and predictable funding
stream to carry out its regulatory
mandate.7 The economic and industry
downturns in 2008 and 2009 had
exposed FINRA’s vulnerability to yearto-year volatility in members’ gross
revenues. GIA revenues in 2009
dropped precipitously due to write-offs
5 FINRA’s primary member regulatory pricing
structure also includes the Trading Activity Fee, the
Personnel Assessment (‘‘PA’’) and the Branch Office
Assessment, as well as the processing of new and
continuing membership applications.
6 Schedule A to the FINRA By-Laws defines gross
revenue for assessment purposes as total income as
reported on FOCUS form Part II or IIA, excluding
commodities income.
7 See Securities Exchange Act Release No. 61042
(November 20, 2009), 74 FR 62616 (November 30,
2009) (Order Approving File No. SR–FINRA–2009–
057).
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Agencies
[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Page 69937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27704]
[[Page 69937]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73626; File No. SR-CME-2014-31]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Withdrawal of Proposed Rule Change Related to Clearing of
Certain iTraxx Europe Index Untranched CDS Contracts on Indices
Administered by Markit
November 18, 2014.
On August 11, 2014, Chicago Mercantile Exchange Inc. (``CME'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change (SR-CME-2014-31)
seeking to enable CME to offer clearing of certain iTraxx Europe index
untranched CDS contracts on indices administered by Markit (``iTraxx
Contracts''). Specifically, the proposed rule change would update CME's
CDS Product Rules to provide for the clearing of the iTraxx Contracts.
Notice of the proposed rule change was published in the Federal
Register on August 18, 2014.\3\ Notice of Amendment No. 2 to the
proposed rule change was published in the Federal Register on October
1, 2014.\4\ The Commission did not receive comments on the proposal.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Securities Exchange Act Release No. 34-72833 (August 13,
2014), 79 FR 48797 (August 18, 2014) (SR-CME-2014-31).
\4\ Securities Exchange Act Release No. 34-73275 (October 1,
2014), 79 FR 60563 (October 7, 2014) (SR-CME-2014-31). On August 18,
2014, CME filed Amendment No. 1 to the proposed rule change. CME
withdrew Amendment No. 1 on August 29, 2014.
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On October 2, 2014, the Commission extended the time period in
which to either approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change to November 16, 2014.\5\ On
November 14, 2014, CME withdrew the proposed rule change (SR-CME-2014-
31).
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\5\ Securities Exchange Act Release No. 34-73290 (October 2,
2014), 79 FR 60873 (October 8, 2014) (SR-CME-2014-31).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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\6\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27704 Filed 11-21-14; 8:45 am]
BILLING CODE 8011-01-P