Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Change to CME Rule 814 To Clarify Certain Operational Details Regarding Current CME Settlement Cycles, 7054-7056 [2015-02499]
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7054
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Notices
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2015–006 on the subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
[Release No. 34–74191; File No. SR–CME–
2015–003]
• 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–NASDAQ–2015–006. 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
offices 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–
NASDAQ–2015–006, and should be
submitted on or before March 2, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015–02498 Filed 2–6–15; 8:45 am]
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BILLING CODE 8011–01–P
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Change to
CME Rule 814 To Clarify Certain
Operational Details Regarding Current
CME Settlement Cycles
February 3, 2015.
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 January
21, 2015, 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 filing a proposed rule change
that is limited to its business as a
derivatives clearing organization
(‘‘DCO’’). More specifically, the
proposed change would amend the text
of current CME Rule 814 to clarify
certain operational details regarding
current CME settlement cycles.
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.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4)(ii).
2 17
11 17
CFR 200.30–3(a)(12).
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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 currently
offers clearing services for many
different futures and swaps products.
With this filing, CME proposes to make
rulebook changes that are limited to its
business clearing futures and swaps
under the exclusive jurisdiction of the
CFTC. More specifically, the proposed
changes would amend the text of
current CME Rule 814 to clarify certain
operational details regarding current
CME settlement cycles.
The first proposed change to CME
Rule 814 would add further detail
regarding the settlement cycle for
commodity contracts that are options.
The current version of Rule 814 is silent
on the settlement cycle for commodity
contracts that are options, and so
additional language is proposed to
ensure that the market is aware that
settlement of option value operates
differently than settlement for nonoption commodity contracts. The
proposed rule change is consistent with
the current settlement process so no
operational changes are needed to
implement the proposed rules. The
second proposed change is to amend
Rule 814 so that it explicitly reflects the
fact that the current CME settlement
process results in outstanding exposures
being settled to zero fair value during
each settlement cycle. The third
proposed change is to add further clarity
regarding settlement finality at the CME
clearing house. Lastly, certain terms in
the Rule 814 text are being modified in
order to provide additional clarity to the
marketplace and regulators. As
described above, none of these revisions
would change any aspect of current
operations but, rather, would merely
clarify certain operational details of the
clearing cycle currently in place in the
text of Rule 814.
The proposed rule change that is
described in this filing is limited to
CME’s business as a derivatives clearing
organization clearing products under
the exclusive jurisdiction of the CFTC.
CME has not cleared security based
swaps and does not plan to and
therefore the proposed rule change does
not impact CME’s security-based swap
clearing business in any way. The
proposed rule change will become
effective immediately. CME notes that it
has also submitted the proposed rule
change that is the subject of this filing
E:\FR\FM\09FEN1.SGM
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Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Notices
to its primary regulator, the CFTC, in
CME Submission 14–585.
CME believes the proposed rule
change is consistent with the
requirements of the Act including
Section 17A of the Act.5 The proposed
rule change would amend the text of
current CME Rule 814 to clarify certain
operational details regarding current
CME settlement cycles. The additional
clarity in CME’s rulebook regarding its
settlement cycles 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 Act.6
Furthermore, the proposed change is
limited to CME’s futures and swaps
clearing businesses, which means it is
limited in its effect to products that are
under the exclusive jurisdiction of the
CFTC. As such, the proposed change is
limited to CME’s activities as a DCO
clearing futures that are not security
futures and swaps that are not securitybased 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 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 change is
limited in its effect to CME’s futures and
swaps clearing businesses, the proposed
change is 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.
CME believes that the proposal does not
significantly affect any securities
clearing operations of CME because
CME recently filed a proposed rule
5 15
6 15
U.S.C. 78q–1.
U.S.C. 78q–1(b)(3)(F).
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7055
change that clarified that CME has
decided not to clear security-based
swaps, except in a very limited set of
circumstances.7 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. As such, the
changes are therefore consistent with
the requirements of Section 17A of the
Act 8 and are properly filed under
Section 19(b)(3)(A) 9 and Rule 19b–
4(f)(4)(ii) 10 thereunder.
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.
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. CME is making the
aforementioned changes simply to
clarify current settlement processes;
there are no operational changes.
Further, the changes are limited to
CME’s futures and swaps clearing
businesses and, as such, 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.
• 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–2015–003 on the subject line.
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 pursuant to Section
19(b)(3)(A) 11 of the Act and paragraph
(f)(4)(ii) of Rule 19b–4 12 thereunder. At
any time within 60 days of the filing of
the proposed rule change, the
7 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 Contracts.
8 15 U.S.C. 78q–1.
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(4)(ii).
11 15 U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(4)(ii).
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IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC, 21049–1090.
All submissions should refer to File
Number SR–CME–2015–003. 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 or
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.
E:\FR\FM\09FEN1.SGM
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7056
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Notices
All submissions should refer to File
Number SR–CME–2015–003 and should
be submitted on or before March 2,
2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Jill Peterson,
Assistant Secretary.
[FR Doc. 2015–02499 Filed 2–6–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74202; File No. SR–OCC–
2014–813]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing of an Advance Notice, as
Modified by Amendment No. 1,
Concerning a Proposed Capital Plan
for Raising Additional Capital That
Would Support The Options Clearing
Corporation’s Function as a
Systemically Important Financial
Market Utility
February 4, 2015.
Pursuant to Section 806(e)(1) of Title
VIII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
entitled the Payment, Clearing, and
Settlement Supervision Act of 2010
(‘‘Payment, Clearing and Settlement
Supervision Act’’ or ‘‘Clearing
Supervision Act’’) 1 and Rule 19b–
4(n)(1)(i) 2 under the Securities
Exchange Act of 1934 (‘‘Act’’) notice is
hereby given that on December 29, 2014,
The Options Clearing Corporation
(‘‘OCC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the advance notice as described in Items
I and II below, which Items have been
prepared by OCC.3 On January 14, 2015,
OCC filed Amendment No. 1 to the
advance notice.4 The Commission is
13 17
CFR 200.30–3(a)(12).
U.S.C. 5465(e)(1).
2 17 CFR 240.19b–4(n)(1)(i).
3 In Items I and II below, OCC states that the
purpose of this proposal is in part to facilitate
compliance with the SEC Proposed Rules (as
defined below) and address Principle 15 of the
Principles for Financial Market Infrastructures
(‘‘PMFIs’’). The Commission notes that the SEC
Proposed Rules are pending. The Commission will
evaluate the advance notice under the Clearing
Supervision Act and the rules currently in force
thereunder.
4 According to OCC, Amendment No. 1 to the SR–
OCC–2014–813 (‘‘Filing’’): (i) Updates OCC’s plan
for raising additional capital (‘‘Capital Plan’’) in
connection with negotiations between OCC and the
options exchanges that own equity in OCC
(‘‘Stockholder Exchanges’’ or ‘‘stockholders’’) and
that would contribute additional capital under the
Capital Plan, (ii) corrects typographical errors in the
Filing, and (iii) updates the Term Sheet included as
mstockstill on DSK4VPTVN1PROD with NOTICES
1 12
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publishing this notice to solicit
comments on the advance notice from
interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Advance
Notice
This advance notice is filed by OCC
in order to set forth a proposed Capital
Plan for raising additional capital that
would support OCC’s function as a
systemically important financial market
utility and facilitate OCC’s compliance
with new regulatory requirements
applicable to systemically important
financial market utilities that have been
proposed by the Commission but have
not yet been adopted.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
In its filing with the Commission,
OCC included statements concerning
the purpose of and basis for the advance
notice and discussed any comments it
received on the advance notice. The text
of these statements may be examined at
the places specified in Item IV below.
OCC has prepared summaries, set forth
in sections (A) and (B) below, of the
most significant aspects of these
statements.
(A) Clearing Agency’s Statement on
Comments on the Advance Notice
Received From Members, Participants or
Others
Written comments on the advance
notice were not and are not intended to
be solicited with respect to the advance
notice and none have been received.
(B) Advance Notices Filed Pursuant to
Section 806(e) of the Payment, Clearing
and Settlement Supervision Act
The proposed change sets forth the
Capital Plan under which the
Stockholder Exchanges would make an
additional capital contribution and
commit to replenishment capital
(‘‘Replenishment Capital’’) in
circumstances discussed below, and
would receive, among other things, the
right to receive dividends from OCC. In
addition to the additional capital
contribution and Replenishment
Capital, the main features of the Capital
Plan are: (i) A policy establishing OCC’s
fees at a level that would be sufficient
to cover OCC’s estimated operating
expenses plus a ‘‘Business Risk Buffer’’
as described below (‘‘Fee Policy’’), (ii)
the Refund Policy [sic], and (iii) a policy
for calculating the amount of dividends
to be paid to the options exchanges
an exhibit to the Filing, which summarizes material
features of the Capital Plan.
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
owning equity in OCC (‘‘Dividend
Policy’’). The Capital Plan is proposed
to be implemented on or about February
27, 2015, subject to all necessary
regulatory approvals.5
Purpose of the Proposed Change
The purpose of this proposed change
is to implement the Capital Plan, which
would significantly increase OCC’s
capital in connection with its increased
responsibilities as a systemically
important financial market utility, and
which OCC believes would facilitate
OCC’s compliance with new regulatory
requirements applicable to such
systemically important financial market
utilities that have been proposed by the
Commission but have not yet been
adopted.6 For purposes of this filing,
OCC has used the working assumption
that the new requirements contained in
the Commission’s proposed
amendments to Rule 17Ad–22 of the
SEC Proposed Rules will be adopted
substantially as proposed. The proposed
change is intended to ensure OCC’s
ability to comply with Rule 17Ad–22,
specifically paragraph (e)(15) thereof,
when the SEC Proposed Rules become
effective. In addition, it is intended to
address Principle 15 of the Principles
for Financial Market Infrastructures
published by the Bank for International
Settlements and the International
Organization of Securities Commissions,
which provides, among other things,
that a financial market utility should
identify, monitor and manage its general
business risk and hold sufficient liquid
net assets funded by equity to cover
potential general business losses so that
it can continue to operate as a going
concern. The proposal includes an
infusion of substantial additional equity
capital by the Stockholder Exchanges to
be made prior to February 27, 2015,
subject to regulatory approval, that
when added to retained earnings
accumulated by OCC in 2014 will
significantly increase OCC’s capital
levels as compared to historical levels.
Additionally, the proposed change
includes the Replenishment Capital
commitment, which would provide
OCC access to additional equity
5 The material features of the Capital Plan are
summarized in the Term Sheet that is included as
Exhibit 3. Certain details of the Term Sheet may
change as a result of further negotiations or changes
in financial figures, but OCC does not anticipate
any material changes to the Capital Plan. OCC
intends to separately file a proposed rule change
seeking approval of changes to its By-Laws,
Certificate of Incorporation and relevant
agreements, including its Stockholders Agreement,
necessary to implement the Capital Plan.
6 See Securities Exchange Act Release No. 71699
(March 12, 2014), 79 FR 29507 (May 22, 2014)
(‘‘SEC Proposed Rules’’).
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Agencies
[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Notices]
[Pages 7054-7056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02499]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74191; File No. SR-CME-2015-003]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Change to CME
Rule 814 To Clarify Certain Operational Details Regarding Current CME
Settlement Cycles
February 3, 2015.
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 January 21, 2015, 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.
---------------------------------------------------------------------------
\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 a proposed rule change that is limited to its
business as a derivatives clearing organization (``DCO''). More
specifically, the proposed change would amend the text of current CME
Rule 814 to clarify certain operational details regarding current CME
settlement cycles.
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 currently offers
clearing services for many different futures and swaps products. With
this filing, CME proposes to make rulebook changes that are limited to
its business clearing futures and swaps under the exclusive
jurisdiction of the CFTC. More specifically, the proposed changes would
amend the text of current CME Rule 814 to clarify certain operational
details regarding current CME settlement cycles.
The first proposed change to CME Rule 814 would add further detail
regarding the settlement cycle for commodity contracts that are
options. The current version of Rule 814 is silent on the settlement
cycle for commodity contracts that are options, and so additional
language is proposed to ensure that the market is aware that settlement
of option value operates differently than settlement for non-option
commodity contracts. The proposed rule change is consistent with the
current settlement process so no operational changes are needed to
implement the proposed rules. The second proposed change is to amend
Rule 814 so that it explicitly reflects the fact that the current CME
settlement process results in outstanding exposures being settled to
zero fair value during each settlement cycle. The third proposed change
is to add further clarity regarding settlement finality at the CME
clearing house. Lastly, certain terms in the Rule 814 text are being
modified in order to provide additional clarity to the marketplace and
regulators. As described above, none of these revisions would change
any aspect of current operations but, rather, would merely clarify
certain operational details of the clearing cycle currently in place in
the text of Rule 814.
The proposed rule change that is described in this filing is
limited to CME's business as a derivatives clearing organization
clearing products under the exclusive jurisdiction of the CFTC. CME has
not cleared security based swaps and does not plan to and therefore the
proposed rule change does not impact CME's security-based swap clearing
business in any way. The proposed rule change will become effective
immediately. CME notes that it has also submitted the proposed rule
change that is the subject of this filing
[[Page 7055]]
to its primary regulator, the CFTC, in CME Submission 14-585.
CME believes the proposed rule change is consistent with the
requirements of the Act including Section 17A of the Act.\5\ The
proposed rule change would amend the text of current CME Rule 814 to
clarify certain operational details regarding current CME settlement
cycles. The additional clarity in CME's rulebook regarding its
settlement cycles 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 Act.\6\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78q-1.
\6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
Furthermore, the proposed change is limited to CME's futures and
swaps clearing businesses, which means it is limited in its effect to
products that are under the exclusive jurisdiction of the CFTC. As
such, the proposed change is limited to CME's activities as a DCO
clearing futures that are not security futures and swaps 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 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 change is limited in its effect to CME's
futures and swaps clearing businesses, the proposed change is 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.
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.\7\
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. As such, the changes are
therefore consistent with the requirements of Section 17A of the Act
\8\ and are properly filed under Section 19(b)(3)(A) \9\ and Rule 19b-
4(f)(4)(ii) \10\ thereunder.
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\7\ 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 Contracts.
\8\ 15 U.S.C. 78q-1.
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(4)(ii).
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B. Self-Regulatory Organization's Statement on Burden on Competition
CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition. CME is making the
aforementioned changes simply to clarify current settlement processes;
there are no operational changes. Further, the changes are limited to
CME's futures and swaps clearing businesses and, as such, 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 pursuant to Section
19(b)(3)(A) \11\ of the Act and paragraph (f)(4)(ii) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(4)(ii).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml), or
Send an email to rule-comments@sec.gov. Please include
File No. SR-CME-2015-003 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC, 21049-1090.
All submissions should refer to File Number SR-CME-2015-003. 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 or
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.
[[Page 7056]]
All submissions should refer to File Number SR-CME-2015-003 and
should be submitted on or before March 2, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Jill Peterson,
Assistant Secretary.
[FR Doc. 2015-02499 Filed 2-6-15; 8:45 am]
BILLING CODE 8011-01-P