Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Reduce the Minimum IRS Guaranty Fund Contribution of IRS Clearing Members, 53358-53360 [2015-21867]
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53358
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
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 will also 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 No. SR–BYX–2015–
36 and should be submitted on or before
September 24, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.28
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–21871 Filed 9–2–15; 8:45 am]
including the status of CHFR’s business
operations.
Based on CHFR’s amended Form 10–
K/A annual report filed for its fiscal year
ended December 31, 2014, CHFR is a
Nevada corporation based in Beijing,
People’s Republic of China. The
company’s common stock is quoted on
OTC Link operated by OTC Markets
Group, Inc. under the symbol ‘‘CHFR.’’
As of August 20, 2015, the company’s
common stock had six market makers
and was eligible for the ‘‘piggyback’’
exception of Rule 15c2–11(f)(3).
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of CHFR.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of CHFR is suspended for the
period from 9:30 a.m. EDT on
September 1, 2015, through 11:59 p.m.
EDT on September 15, 2015.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015–21975 Filed 9–1–15; 11:15 am]
BILLING CODE 8011–01–P
[File No. 500–1]
SECURITIES AND EXCHANGE
COMMISSION
In the Matter of China Fruits
Corporation, Order of Suspension of
Trading
[Release No. 34–75781; File No. SR–CME–
2015–016]
tkelley on DSK3SPTVN1PROD with NOTICES
September 1, 2015.
It appears to the Securities and
Exchange Commission (the
‘‘Commission’’) that there is a lack of
current and accurate information
concerning the securities of China Fruits
Corporation (‘‘CHFR’’) because, among
other things, of questions regarding the
accuracy and completeness of CHFR’s
representations to investors and
prospective investors in CHFR’s public
filings with the Commission and
CHFR’s publicly-available press releases
and other public statements.
In particular, CHFR is delinquent in
filing its Form 10–Q quarterly report for
its second quarter ended June 30, 2015,
and CHFR does not appear to have
publicly responded to news reports
concerning CHFR relating to, among
other things, (i) the whereabouts of Mr.
Quan Long Chen, CHFR’s current or
former Chief Executive Officer,
President, sole director, and controlling
shareholder; (ii) the status of any
investor funds that may have been
collected by or through Mr. Chen in
connection with CHFR; and, (iii) the
financial condition of the company,
28 17
CFR 200.30–3(a)(12).
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Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Reduce the Minimum IRS
Guaranty Fund Contribution of IRS
Clearing Members
August 28, 2015.
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 August 24, 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)
thereunder,4 so that the proposal was
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
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).
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 the proposed rule
change that is limited to its business as
a derivatives clearing organization.
More specifically, the proposed rule
change would reduce the minimum IRS
Guaranty Fund Contribution of IRS
Clearing Members to $15,000,000 for all
IRS Clearing Members (including
affiliates).
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
rules would reduce the minimum IRS
Guaranty Fund Contribution of IRS
Clearing Members to $15,000,000 for all
IRS Clearing Members (including
affiliates).
CME periodically reviews its
requirements for clearing membership
and has determined that it is
appropriate to change the minimum
contribution to $15,000,000 as the
current minimum, established at the
time of launch of the IRS clearing
service to ensure a robust financial
safeguards for IRS products, can be
reduced due to the growth of IRS
clearing activity at CME and
corresponding growth of the IRS
Guaranty Fund size.5 The change could
also encourage more entities to apply for
2 17
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5 As of March 31, 2015, the IRS Guaranty Fund
was approximately $2.473 billion.
E:\FR\FM\03SEN1.SGM
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
IRS clearing membership which would
further the diversification of IRS
Clearing Members and provide
additional liquidity to the default
management process. No other changes
to IRS clearing membership
requirements are being proposed.
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 would become
effective upon filing but will be
operationalized on August 31, 2015.
CME notes that it has also submitted the
proposed rule change that is the subject
of this filing to its primary regulator, the
CFTC, in CME Submission 15–346.
CME believes the proposed rule
change is consistent with the
requirements of the Exchange Act
including Section 17A.6 The proposed
rules change the minimum IRS
Guaranty Fund Contribution of IRS
Clearing Members to $15,000,000 as the
current minimum, established at the
time of launch of the IRS clearing
service to ensure a robust financial
safeguards for IRS products, can be
reduced due to the growth of IRS
clearing activity at CME and
corresponding growth of the IRS
Guaranty Fund size. The change could
also encourage more entities to apply for
IRS clearing membership which would
further the diversification of IRS
Clearing Members and provide
additional liquidity to the default
management process. The proposed rule
change is therefore designed to promote
the prompt and accurate clearance and
settlement of securities transactions
and, to the extent applicable, derivatives
agreements, contracts, and transactions,
to assure the safeguarding of securities
and funds which are in the custody or
control of the clearing agency or for
which it is responsible, and, in general,
to protect investors and the public
interest consistent with Section
17A(b)(3)(F) of the Exchange Act.7
Furthermore, the proposed rule
change is limited to CME’s futures and
swaps clearing businesses, which mean
they are limited in their effect to
products that are under the exclusive
jurisdiction of the CFTC. As such, the
proposed rule 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 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 rule change is
limited in its effect to CME’s futures and
swaps clearing businesses, the proposed
rule 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.
As such, the proposed rule change is
therefore consistent with the
requirements of Section 17A of the
Exchange Act 8 and are properly filed
under Section 19(b)(3)(A) 9 and Rule
19b–4(f)(4)(ii) 10 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 rules reduce
the minimum IRS Guaranty Fund
Contribution of IRS Clearing Members
to $15,000,000 for all IRS Clearing
Members (including affiliates) and
could be expected to encourage more
entities to apply for IRS clearing
membership. 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
8 15
U.S.C. 78q–1.
U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(4)(ii).
6 15
U.S.C. 78q–1.
7 15 U.S.C. 78q–1(b)(3)(F).
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53359
received any unsolicited written
comments from interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A) of the
Exchange Act 11 and Rule 19b–4(f)(4)(ii)
thereunder,12 CME has designated 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.13 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 have no 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 Exchange 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.
11 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4)(ii).
13 See Securities Exchange Act Release No. 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.
12 17
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53360
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
Comments may be submitted by any of
the following methods:
SECURITIES AND EXCHANGE
COMMISSION
the most significant parts of such
statements.
Electronic Comments
[Release No. 34–75785; File No. SR–BATS–
2015–64]
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
• 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–2015–016 on the subject line.
Paper Comments
tkelley on DSK3SPTVN1PROD with NOTICES
• 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–2015–016. 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–2015–016 and should
be submitted on or before September 24,
2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–21867 Filed 9–2–15; 8:45 am]
BILLING CODE 8011–01–P
14 17
14:42 Sep 02, 2015
August 28, 2015.
Pursuant to 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 August
24, 2015, BATS Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BATS’’) 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
by the Exchange. The Exchange has
designated the proposed rule change as
one establishing or changing a member
due, fee, or other charge imposed by the
Exchange under Section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b-4(f)(2)
thereunder,4 which renders the
proposed rule change 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
The Exchange filed a proposal to
amend the Market Data section of its fee
schedule to adopt fees for a market data
product called BZX Book Viewer.
The text of the proposed rule change
is available at the Exchange’s Web site
at www.batstrading.com, 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
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
CFR 200.30–3(a)(12).
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Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Fees for a
Market Data Product Known as BZX
Book Viewer
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1. Purpose
The Exchange proposes to amend the
Market Data section of its fee schedule
to adopt fees for a market data product
called BZX Book Viewer. BZX Book
Viewer is a data feed that disseminates,
on a real-time basis, the aggregated twoside quotations for up to five (5) price
levels for all displayed orders for
securities traded on the Exchange and
for which the Exchanges reports quotes
under the Consolidated Tape
Association (‘‘CTA’’) Plan or the
Nasdaq/UTP Plan. BZX Book Viewer
also contains the last ten (10) trades
including time of trade, price and share
quantity.5 BZX Book Viewer is currently
available via www.batstrading.com
without charge.
The Exchange now proposes to amend
its fee schedule to incorporate fees for
distribution of BZX Book Viewer to
subscribers.6 BZX Book Viewer will
remain available via
www.batstrading.com for viewing
without charge. The proposed fees
include the following, each of which are
described in detail below: (i)
Distribution Fees for both Internal and
External Distributors; 7 (ii) Usage Fees
for both Professional 8 and Non5 See Securities Exchange Act Release No. 75711
(August 17, 2015), 80 FR 50900 (August 21, 2015)
(SR–BATS–2015–62) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change
to Amend Rule 11.22 to Describe the Market Data
Product BZX Book Viewer).
6 The Exchange notes that its affiliated exchanges,
EDGX Exchange, Inc. (‘‘EDGX’’), EDGA Exchange,
Inc. (‘‘EDGA’’) and BATS Y-Exchange, Inc. (‘‘BYX’’,
together with the Exchange, EDGX and EDGA, the
‘‘BATS Exchanges’’), also intent to file proposed
rule changes with Commission to adopt similar fees
for their respective Book Viewer market data
product.
7 A ‘‘Distributor’’ is defined as ‘‘any entity that
receives the Exchange Market Data product directly
from the Exchange or indirectly through another
entity and then distributes it internally or externally
to a third party.’’ See the Exchange Fee Schedule
available at https://batstrading.com/support/fee_
schedule/bzx/. An ‘‘Internal Distributor’’ is defined
as ‘‘a Distributor that receives the Exchange Market
Data product and then distributes that data to one
or more Users within the Distributor’s own entity.’’
Id. An ‘‘External Distributor’’ is defined as ‘‘a
Distributor that receives the Exchange Market Data
product and then distributes that data to a third
party or one or more Users outside the Distributor’s
own entity.’’ Id.’’
8 A ‘‘Professional User’’ is defined as ‘‘any User
other than a Non-Professional User.’’ See the
Exchange Fee Schedule available at https://
batstrading.com/support/fee_schedule/bzx/.
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Agencies
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53358-53360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21867]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75781; File No. SR-CME-2015-016]
Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Reduce the Minimum IRS Guaranty Fund Contribution of IRS Clearing
Members
August 28, 2015.
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 August 24, 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) thereunder,\4\ 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 the proposed rule change that is limited to its
business as a derivatives clearing organization. More specifically, the
proposed rule change would reduce the minimum IRS Guaranty Fund
Contribution of IRS Clearing Members to $15,000,000 for all IRS
Clearing Members (including affiliates).
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 rules would
reduce the minimum IRS Guaranty Fund Contribution of IRS Clearing
Members to $15,000,000 for all IRS Clearing Members (including
affiliates).
CME periodically reviews its requirements for clearing membership
and has determined that it is appropriate to change the minimum
contribution to $15,000,000 as the current minimum, established at the
time of launch of the IRS clearing service to ensure a robust financial
safeguards for IRS products, can be reduced due to the growth of IRS
clearing activity at CME and corresponding growth of the IRS Guaranty
Fund size.\5\ The change could also encourage more entities to apply
for
[[Page 53359]]
IRS clearing membership which would further the diversification of IRS
Clearing Members and provide additional liquidity to the default
management process. No other changes to IRS clearing membership
requirements are being proposed.
---------------------------------------------------------------------------
\5\ As of March 31, 2015, the IRS Guaranty Fund was
approximately $2.473 billion.
---------------------------------------------------------------------------
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 would become effective
upon filing but will be operationalized on August 31, 2015. CME notes
that it has also submitted the proposed rule change that is the subject
of this filing to its primary regulator, the CFTC, in CME Submission
15-346.
CME believes the proposed rule change is consistent with the
requirements of the Exchange Act including Section 17A.\6\ The proposed
rules change the minimum IRS Guaranty Fund Contribution of IRS Clearing
Members to $15,000,000 as the current minimum, established at the time
of launch of the IRS clearing service to ensure a robust financial
safeguards for IRS products, can be reduced due to the growth of IRS
clearing activity at CME and corresponding growth of the IRS Guaranty
Fund size. The change could also encourage more entities to apply for
IRS clearing membership which would further the diversification of IRS
Clearing Members and provide additional liquidity to the default
management process. The proposed rule change is therefore designed to
promote the prompt and accurate clearance and settlement of securities
transactions and, to the extent applicable, derivatives agreements,
contracts, and transactions, to assure the safeguarding of securities
and funds which are in the custody or control of the clearing agency or
for which it is responsible, and, in general, to protect investors and
the public interest consistent with Section 17A(b)(3)(F) of the
Exchange Act.\7\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78q-1.
\7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
Furthermore, the proposed rule change is limited to CME's futures
and swaps clearing businesses, which mean they are limited in their
effect to products that are under the exclusive jurisdiction of the
CFTC. As such, the proposed rule 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 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 rule change is limited in its effect to CME's
futures and swaps clearing businesses, the proposed rule 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.
As such, the proposed rule change is therefore consistent with the
requirements of Section 17A of the Exchange 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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\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. The proposed rules reduce
the minimum IRS Guaranty Fund Contribution of IRS Clearing Members to
$15,000,000 for all IRS Clearing Members (including affiliates) and
could be expected to encourage more entities to apply for IRS clearing
membership. 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
Pursuant to Section 19(b)(3)(A) of the Exchange Act \11\ and Rule
19b-4(f)(4)(ii) thereunder,\12\ CME has designated 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.
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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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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.\13\ 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 have no
effect on any securities clearing operations of CME.
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\13\ See Securities Exchange Act Release No. 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 Exchange 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.
[[Page 53360]]
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-2015-016 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-2015-016. 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/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-2015-016 and
should be submitted on or before September 24, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21867 Filed 9-2-15; 8:45 am]
BILLING CODE 8011-01-P