Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Application of Excess Defaulting Clearing Member Assets in Crossover Default Scenarios and the Harmonization of Defaulted Base Clearing Member Collateral Definitions, 73122-73124 [2014-28770]
Download as PDF
73122
Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / 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 No. SR–
CME–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.
rljohnson on DSK3VPTVN1PROD with NOTICES
All submissions should refer to File
Number SR–CME–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
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 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–2014–52 and should
be submitted on or before December 30,
2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–28769 Filed 12–8–14; 8:45 am]
BILLING CODE 8011–01–P
14 17
14:48 Dec 08, 2014
and C below, of the most significant
aspects of such statements.
[Release No. 34–73729; File No. SR–CME–
2014–13]
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 new rules to specify the
allocation of excess collateral of a
defaulted clearing member to losses
relating to products in other financial
safeguards at CME pro rata based on the
remaining loss in each of such product
classes. Additionally, CME is proposing
to amend CME Rule 802.A to harmonize
the member collateral definition across
the default rules. CME notes that it has
also made a corresponding filing with
the CFTC, in Submission No. 14–097R,
regarding the proposed changes.
The proposed changes to CME Rules
802.D, 8G802.D and 8H802.D would
specify the allocation of excess
collateral of a defaulted clearing
member for a particular financial
safeguard package to losses relating to
product classes subject to other
financial safeguards at CME. CME
employs three financial safeguard
packages (i.e. waterfalls) for each of the
following product classes: interest rate
swap products (‘‘IRS’’); credit default
swap products (‘‘CDS’’); and Base
products (which are all products other
than IRS and CDS). The default rules for
each respective waterfall contain the
ability, once the loss of the clearing
member for that waterfall is entirely
satisfied, to use excess house assets of
the clearing member towards satisfying
uncovered losses of such clearing
member for products in other waterfalls.
For example, if a member was clearing
IRS and Base products and excess Base
collateral remained after completely
satisfying all losses for Base Products,
the rules provide that such excess may
be used towards any uncovered losses of
that clearing member for IRS products.
CME rules are currently silent on the
allocation mechanism of such excess
funds to unresolved losses in other
product classes where losses remain in
both of the other product classes. The
proposed new CME Rules 802.D.1,
8G802.D.1, and 8H802.D.1 would
specify that any such excess is allocated
to the other safeguard packages pro rata
based on the remaining loss in each of
such product classes.
Additionally, CME is proposing to
amend CME Rule 802.A.2 to harmonize
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to the Application of
Excess Defaulting Clearing Member
Assets in Crossover Default Scenarios
and the Harmonization of Defaulted
Base Clearing Member Collateral
Definitions
December 3, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (‘‘Act’’
or ‘‘Exchange Act’’),1 and Rule 19b-4
thereunder,2 notice is hereby given that
on November 26, 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. More
specifically, the proposed rule changes
would make amendments to CME Rules
relating to the application of excess
defaulting clearing member assets in
crossover default scenarios and the
harmonization of Defaulted Base
Clearing Member Collateral definitions.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
CME included statements concerning
the purpose and basis for the proposed
rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. CME has prepared
summaries, set forth in sections A, B,
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b4(f)(4)(ii).
2 17
CFR 200.30–3(a)(12).
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COMMISSION
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09DEN1
Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices
the clearing member house collateral
definition across the default rules.
CME believes the proposed rule
changes are consistent with the
requirements of the Exchange Act
including Section 17A.5 The proposed
changes for the allocation of excess
funds comport with CFTC Regulation
39.16(c)(2)(iv) by adding clarifying
language to specify the sequence in
which excess house funds of the
defaulting clearing member for a
product class will be used to satisfy
uncovered losses for other product
classes. In addition, changes are
proposed that would harmonize the
defaulted clearing member definition
and clarify the defaulted member’s
assets held by the clearing house that
may be used to satisfy losses due to the
clearing member’s default. Because
these changes clarify CME’s existing
default rules and procedures, they
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
CME or for which it is responsible, and,
in general, to protect investors and the
public interest in a way that is
consistent with Section 17A(b)(3)(F) of
the Exchange Act.6
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CME does not believe that the
proposed rule change will have any
impact, or impose any burden, on
competition. The proposed changes
simply specify the allocation of excess
collateral of a defaulted clearing
member to losses relating to products in
other financial safeguards at CME pro
rata based on the remaining loss in each
of such product classes and,
additionally, harmonize the member
collateral definition across the default
rules.
rljohnson on DSK3VPTVN1PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
6 15
U.S.C. 78q–1.
U.S.C. 78q–1(b)(3)(F).
VerDate Sep<11>2014
14:48 Dec 08, 2014
Jkt 235001
CME Inc. has filed the proposed rule
change pursuant to Section 19(b)(3)(A) 7
of the Act and paragraph (f)(4)(ii) of
Rule 19b–4 8 thereunder.
CME asserts that this proposal
constitutes 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, and 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, which renders the proposed
change effective upon filing. CME
believes that the proposal does not
significantly affect any securities
clearing operations of CME because
CME recently filed a proposed rule
change that clarified that CME has
decided not to clear security-based
swaps, except in a very limited set of
circumstances. 9 The rule filing
reflecting CME’s decision not to clear
security-based swaps removed any
ambiguity concerning CME’s ability or
intent to perform the functions of a
clearing agency with respect to securitybased swaps. Therefore, this proposal
will not have an effect on any securities
clearing operations of CME.
At any time within 60 days of the
filing of the proposed 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 Securities Exchange
Act of 1934. If the Commission takes
such action, the Commission shall
institute proceedings under Section
19(b)(2)(B) 10 of the Act to determine
whether the proposed rule change
should be approved or disapproved.
7 15
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.
5 15
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4)(ii).
9 See Securities Exchange Act Release No. 34–
73615 (Nov. 17, 2014), 79 FR 69545 (Nov. 21, 2014)
(SR–CME–2014–49). The only exception is with
regards to Restructuring European Single Name
CDS Contracts created following the occurrence of
a Restructuring Credit Event in respect of an iTraxx
Component Transaction. The clearing of
Restructuring European Single Name CDS Contracts
will be a necessary byproduct after such time that
CME begins clearing iTraxx Europe index CDS.
10 15 U.S.C. 78s(b)(2)(B).
8 17
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
73123
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml), or
• Send an email to rule-comments@
sec.gov. Please include File No. SR–
CME–2014–13 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–2014–13. 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, 100F 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
filing also will be available for
inspection and copying at the principal
office of CME and on CME’s Web site at
https://www.cmegroup.com/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–2014–13 and should
be submitted on or before December 30,
2014.
E:\FR\FM\09DEN1.SGM
09DEN1
73124
Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–28770 Filed 12–8–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73727; File No. SR–CME–
2014–15]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Aligning Performance Bond
and Guaranty Fund Collateral
Acceptance With CFTC Regulation
39.33 Requirements
December 3, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’ or ‘‘Act’’),1 and Rule
19b–4 thereunder,2 notice is hereby
given that on November 26, 2014,
Chicago Mercantile Exchange Inc.
(‘‘CME’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change described in
Items I, II and III, below, which items
have been prepared primarily by CME.
CME filed the proposal pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–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 announce via
advisory notice certain changes to its
collateral acceptance practices. More
specifically, CME is proposing to issue
two advisories to clearing member firms
announcing that it will narrow the range
of acceptable collateral types for
guaranty fund deposits to cash and U.S.
Treasury Bills, Notes and Bonds with
time to maturity of ten years or less.
II. Self-Regulatory Organizations
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
CME included statements concerning
the purpose and basis for the proposed
rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. CME has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
CME is registered as a derivatives
clearing organization with the
Commodity Futures Trading
Commission (‘‘CFTC’’) and operates a
substantial business clearing futures and
swaps contracts subject to the
jurisdiction of the CFTC. CME is
proposing to announce via advisory
notice certain changes to its collateral
acceptance practices. More specifically,
CME is narrowing the range of
acceptable collateral types for guaranty
fund deposits to cash and U.S. Treasury
Bills, Notes and Bonds with time to
maturity of ten years or less. The
changes that are the subject of these
filings are designed to better position
the utilization of clearing members’
guaranty fund deposits as qualifying
liquidity resources under CFTC
Regulation 39.33.
The removal of IEF2, U.S. Agencies,
and U.S. Treasury STRIPs and securities
with time to maturity exceeding ten
years does not materially impact the
nature or level of risks presented by
CME as the post-haircut risk profile of
guaranty fund collateral deposits will be
unchanged. Further, the impact to CME
and its clearing firms is minimal as
fewer than 22% of guaranty fund assets
currently on deposit will have to be
substituted in order to conform to the
amended eligibility criteria.
CME is also re-categorizing its eligible
performance bond collateral types so
that the assets in each category meet the
definition of qualifying liquidity
resources under CFTC Regulation 39.33.
Category 1 will consist only of assets
that independently meet the criteria of
qualifying liquidity resources. Category
2 and Category 3 will consist of assets
that are qualifying liquidity resources
due to being supported by CME’s credit
facility. Amended Category 2 and
Category 3 limits are designed to ensure
such assets remain covered by CME’s
credit facility and thus continue to meet
the definition of qualifying liquidity
resources. The specifics are as follows:
collateral accepted under the IEF2
program will be moved from Category 1
to Category 3 and will be qualifying
liquidity resources backed by CME’s
credit facility; letters of credit and
collateral accepted under the IEF5
program will be moved from Category 2
to Category 1 since cash and committed
lines of credit are qualifying liquidity
resources without being supported by
CME’s credit facility; TIPS will be
moved from Category 3 to Category 2
and STRIPs will be moved from
Category 1 to Category 2 to align the
assets and limits of Category 2 with the
terms of CME’s credit facility; and the
acceptance of stocks in Category 3 will
be limited to $1 billion per clearing
member in alignment with borrowing
base limits in the CME credit facility.
Additionally, CME is capping IEF2
acceptance at $5 billion rather than a
percentage cap in order to mitigate the
impact of re-categorization on its
clearing membership. The recategorization and limits do not
materially impact the nature or level of
risks presented by CME as the posthaircut risk profile of deposited
performance bond collateral deposits
will be unchanged and no performance
bond currently on deposit would have
to be substituted to align with limits
upon the re-categorization.
A summary of the changes described
in the Advisory Notices is set forth
below:
GUARANTY FUND ACCEPTABLE COLLATERAL
rljohnson on DSK3VPTVN1PROD with NOTICES
Current
New
• Cash
• U.S. Treasury Bills/Notes/Bonds/Strips
• U.S. Agencies (capped at 50% of total)
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
• Cash
• U.S. Treasury Bills/Notes/Bonds *
11 17
2 17
1 15
3 15
VerDate Sep<11>2014
14:48 Dec 08, 2014
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CFR 240.19b–4.
U.S.C. 78q–1(b)(3)(A).
Frm 00099
Fmt 4703
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4 17
E:\FR\FM\09DEN1.SGM
CFR 240.19b–4(f)(4)(ii).
09DEN1
Agencies
[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73122-73124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28770]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73729; File No. SR-CME-2014-13]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Application of Excess Defaulting Clearing Member Assets
in Crossover Default Scenarios and the Harmonization of Defaulted Base
Clearing Member Collateral Definitions
December 3, 2014.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on November 26, 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 240.19b4(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. More specifically, the
proposed rule changes would make amendments to CME Rules relating to
the application of excess defaulting clearing member assets in
crossover default scenarios and the harmonization of Defaulted Base
Clearing Member Collateral definitions.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, CME included statements
concerning the purpose and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. CME has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
CME is registered as a derivatives clearing organization with the
Commodity Futures Trading Commission (``CFTC'') and operates a
substantial business clearing futures and swaps contracts subject to
the jurisdiction of the CFTC. CME is proposing new rules to specify the
allocation of excess collateral of a defaulted clearing member to
losses relating to products in other financial safeguards at CME pro
rata based on the remaining loss in each of such product classes.
Additionally, CME is proposing to amend CME Rule 802.A to harmonize the
member collateral definition across the default rules. CME notes that
it has also made a corresponding filing with the CFTC, in Submission
No. 14-097R, regarding the proposed changes.
The proposed changes to CME Rules 802.D, 8G802.D and 8H802.D would
specify the allocation of excess collateral of a defaulted clearing
member for a particular financial safeguard package to losses relating
to product classes subject to other financial safeguards at CME. CME
employs three financial safeguard packages (i.e. waterfalls) for each
of the following product classes: interest rate swap products
(``IRS''); credit default swap products (``CDS''); and Base products
(which are all products other than IRS and CDS). The default rules for
each respective waterfall contain the ability, once the loss of the
clearing member for that waterfall is entirely satisfied, to use excess
house assets of the clearing member towards satisfying uncovered losses
of such clearing member for products in other waterfalls. For example,
if a member was clearing IRS and Base products and excess Base
collateral remained after completely satisfying all losses for Base
Products, the rules provide that such excess may be used towards any
uncovered losses of that clearing member for IRS products.
CME rules are currently silent on the allocation mechanism of such
excess funds to unresolved losses in other product classes where losses
remain in both of the other product classes. The proposed new CME Rules
802.D.1, 8G802.D.1, and 8H802.D.1 would specify that any such excess is
allocated to the other safeguard packages pro rata based on the
remaining loss in each of such product classes.
Additionally, CME is proposing to amend CME Rule 802.A.2 to
harmonize
[[Page 73123]]
the clearing member house collateral definition across the default
rules.
CME believes the proposed rule changes are consistent with the
requirements of the Exchange Act including Section 17A.\5\ The proposed
changes for the allocation of excess funds comport with CFTC Regulation
39.16(c)(2)(iv) by adding clarifying language to specify the sequence
in which excess house funds of the defaulting clearing member for a
product class will be used to satisfy uncovered losses for other
product classes. In addition, changes are proposed that would harmonize
the defaulted clearing member definition and clarify the defaulted
member's assets held by the clearing house that may be used to satisfy
losses due to the clearing member's default. Because these changes
clarify CME's existing default rules and procedures, they 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 CME or for which it is responsible,
and, in general, to protect investors and the public interest in a way
that is consistent with Section 17A(b)(3)(F) of the Exchange Act.\6\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78q-1.
\6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition. The proposed changes
simply specify the allocation of excess collateral of a defaulted
clearing member to losses relating to products in other financial
safeguards at CME pro rata based on the remaining loss in each of such
product classes and, additionally, harmonize the member collateral
definition across the default rules.
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
CME Inc. has filed the proposed rule change pursuant to Section
19(b)(3)(A) \7\ of the Act and paragraph (f)(4)(ii) of Rule 19b-4 \8\
thereunder.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------
CME asserts that this proposal constitutes 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, and 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, which
renders the proposed change effective upon filing. CME believes that
the proposal does not significantly affect any securities clearing
operations of CME because CME recently filed a proposed rule change
that clarified that CME has decided not to clear security-based swaps,
except in a very limited set of circumstances. \9\ The rule filing
reflecting CME's decision not to clear security-based swaps removed any
ambiguity concerning CME's ability or intent to perform the functions
of a clearing agency with respect to security-based swaps. Therefore,
this proposal will not have an effect on any securities clearing
operations of CME.
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\9\ See Securities Exchange Act Release No. 34-73615 (Nov. 17,
2014), 79 FR 69545 (Nov. 21, 2014) (SR-CME-2014-49). The only
exception is with regards to Restructuring European Single Name CDS
Contracts created following the occurrence of a Restructuring Credit
Event in respect of an iTraxx Component Transaction. The clearing of
Restructuring European Single Name CDS Contracts will be a necessary
byproduct after such time that CME begins clearing iTraxx Europe
index CDS.
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At any time within 60 days of the filing of the proposed 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 Securities Exchange Act of 1934.
If the Commission takes such action, the Commission shall institute
proceedings under Section 19(b)(2)(B) \10\ of the Act to determine
whether the proposed rule change should be approved or disapproved.
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\10\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml), or
Send an email to rule-comments@sec.gov. Please include
File No. SR-CME-2014-13 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-2014-13. 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, 100F 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 filing also will be available
for inspection and copying at the principal office of CME and on CME's
Web site at https://www.cmegroup.com/market-regulation/rule-filings.html.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly.
All submissions should refer to File Number SR-CME-2014-13 and
should be submitted on or before December 30, 2014.
[[Page 73124]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28770 Filed 12-8-14; 8:45 am]
BILLING CODE 8011-01-P