80_FR_22832 80 FR 22754 - Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Liquidity Risk Management

80 FR 22754 - Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Liquidity Risk Management

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range22754-22756
FR Document2015-09429

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015)
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22754-22756]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09429]



[[Page 22754]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74761; File No. SR-CME-2015-013]


Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Regarding Liquidity Risk Management

April 17, 2015.
    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 April 17, 2015, Chicago Mercantile Exchange 
Inc. (``CME'' or ``Clearing House'') 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.
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    \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).
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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 changes would amend current CME Rules in the 
area of liquidity risk management.

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 DCO 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 enhance CME's existing liquidity 
framework by providing additional liquidity resources and a framework 
for establishment of additional highly reliable prearranged funding 
arrangements.
    On December 2, 2013, the CFTC adopted final regulations to 
establish additional standards for compliance with the DCO core 
principles set forth in the Commodity Exchange Act (``CEA'') for 
systemically important DCOs (``SIDCOs'') and DCOs that elect to opt-in 
to the SIDCO regulatory requirements (``SIDCO Rules''). CFTC Regulation 
39.33(c) established enhanced liquidity standards for SIDCOs. CFTC 
Regulation 39.33(c)(1)(i) requires SIDCOs to maintain eligible 
liquidity resources that, ``at a minimum, will enable it to meet its 
intraday, same-day, and multiday obligations to perform settlements, as 
defined in Sec.  39.14(a)(1), with a high degree of confidence under a 
wide range of stress scenarios that should include, but not be limited 
to, a default by the clearing member creating the largest aggregate 
liquidity obligation for the [SIDCO] . . . in extreme but plausible 
market conditions.'' Regulation 39.33(c)(3) establishes qualifying 
liquidity resources as follows:

(3) Qualifying liquidity resources. (i) Only the following liquidity 
resources are eligible for the purpose of meeting the requirement of 
paragraph (c)(1) of this section: (A) Cash in the currency of the 
requisite obligations, held either at the central bank of issue or 
at a creditworthy commercial bank; (B) Committed lines of credit; 
(C) Committed foreign exchange swaps; (D) Committed repurchase 
agreements; or (E)(1) Highly marketable collateral, including high 
quality, liquid, general obligations of a sovereign nation (2) The 
assets described in paragraph (c)(3)(i)(E)(1) of this section must 
be readily available and convertible into cash pursuant to 
prearranged and highly reliable funding arrangements, even in 
extreme but plausible market conditions.

    Additionally, the CFTC finalized CFTC Regulation 39.35 in the SIDCO 
Rules requiring, among other things, rules to address liquidity 
shortfalls as follows:

(b) Allocation of uncovered liquidity shortfalls. (1) Each 
systemically important derivatives clearing organization and subpart 
C derivatives clearing organization shall establish rules and/or 
procedures that enable it promptly to meet all of its settlement 
obligations, on a same day and, as appropriate, intraday and 
multiday basis, in the context of the occurrence of either or both 
of the following scenarios: (i) An individual or combined default 
involving one or more clearing members' obligations to the 
systemically important derivatives clearing organization or subpart 
C derivatives clearing organization; or (ii) A liquidity shortfall 
exceeding the financial resources of the systemically important 
derivatives clearing organization or subpart C derivatives clearing 
organization. (2) The rules and procedures described in paragraph 
(b)(1) of this section shall: (i) Enable the systemically important 
derivatives clearing organization or subpart C derivatives clearing 
organization promptly to meet its payment obligations in all 
relevant currencies; (ii) Be designed to enable the systemically 
important derivatives clearing organization or subpart C derivatives 
clearing organization to avoid unwinding, revoking, or delaying the 
same-day settlement of payment obligations; and (iii) Address the 
systemically important derivatives clearing organization's or 
subpart C derivatives clearing organization's process to replenish 
any liquidity resources it may employ during a stress event so that 
it can continue to operate in a safe and sound manner.

    CME currently employs a sound risk-management framework for 
comprehensively managing liquidity risk. This framework serves to 
effectively measure, monitor, and manage liquidity risk on an ongoing 
basis. The framework includes assessment and maintenance of sufficient 
liquid resources to effect same-day settlement of payment obligations 
with a high degree of confidence under a wide range of potential stress 
scenarios. The stress scenarios include the default of the clearing 
member and its affiliates that would generate the largest aggregate, 
with consideration of the second largest, and by currency liquidity 
obligation under extreme but plausible market conditions. CME manages 
liquidity risk through utilization of qualifying liquid resources to 
meet the liquidity obligation calculated under the framework. In order 
to augment this framework and comply with CFTC Regulations, CME will 
add certain requirements and/or capabilities that it will employ in its 
administration of its liquidity risk program. This rules-based approach 
to liquidity risk management will also rely on and be augmented by 
CME's collateral policy determinations, with liquidity risk management 
serving

[[Page 22755]]

as a primary consideration in the enumeration of such collateral 
policies.
Rule 822.A.1. Substitution of Cash Guaranty Fund Deposits
    Rule 822.A establishes a liquidity ``waterfall'' where in the event 
CME needs to obtain liquidity for non-cash collateral for same day 
settlement it will first attempt to obtain liquidity for such 
collateral through asset sale, any uncommitted funding arrangements, 
its committed lines of credit and any committed repurchase agreements. 
In the event CME requires further liquidity or such means were 
unsuccessful, CME may then declare a ``Liquidity Event,'' which is a 
newly defined term in the proposed rule change,\5\ and substitute any 
cash deposited by clearing members in satisfaction of their guaranty 
fund requirements up to the amount of U.S. Treasuries deposited by a 
clearing member subject of such Liquidity Event. The amount of U.S. 
Treasuries substituted will be sized using the haircutted market value 
from the prior day's close of business utilizing a recognized third 
party pricing source and CME's then prevailing haircut schedule. Any 
assets so transferred will be applied as guaranty fund deposits of any 
such clearing member whose cash was substituted and will be allocated 
pro rata among any clearing members with cash deposits. To the extent 
requested by the impacted clearing member within 24 hours of 
substitution, CME Clearing will replace the cash for such substituted 
U.S. Treasuries, to the extent still on deposit, within 29 days of the 
date of original substitution. Additionally, to ensure sufficient cash 
exists in a guaranty fund for the above mentioned substitution, CME may 
require any clearing member that is (or has an affiliate that is) a 
broker-dealer that functions in the operation of markets for U.S. 
Treasuries (a ``U.S. Government Securities Broker-Dealer'' \6\) to 
replace its non-cash guaranty fund deposits with cash upon 60 minutes' 
notice. To the extent that a clearing member fails to provide cash 
within 60 minutes or the request occurs after 3 p.m. Central time, CME 
may debit cash from that clearing member's settlement bank account in 
the amount of the clearing member's non-cash guaranty fund assets.
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    \5\ The proposed rules provide for the following new definition: 
``Liquidity Event'' shall mean the Clearing House requires liquidity 
(1) to satisfy obligations of a defaulted or suspended Clearing 
Member, (2) to satisfy obligations associated with the transfer of 
account(s) of a defaulted or suspended Clearing Member or (3) as a 
result of a liquidity constraint or default by a depositary or 
settlement bank.
    \6\ The proposed rules provide for the following new definition: 
``U.S. Government Securities Broker-Dealer'' shall mean a broker-
dealer that functions in the operation of markets for U.S. 
Treasuries. The functions may include, but are not limited to: (1) 
Acting as a channel for the United States Department of the Treasury 
and investors in primary market for U.S. Treasuries (for example, by 
participating in auctions); (2) Acting as providers of liquidity in 
primary and secondary markets for U.S. Treasuries; and (3) Acting as 
providers of asset transformation and market making services in the 
market for U.S. Treasuries.
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Rule 822.A.2. U.S. Treasury Sale To Meet Clearing House Settlement 
Variation Obligations
    Further, pursuant to proposed Rule 822.A.2 in the event a liquidity 
shortfall remains after the substitution provided by Rule 822.A.1, CME 
may satisfy a settlement variation obligation to a clearing member that 
is (or has an affiliate that is) a U.S. Government Securities Broker-
Dealer with a forced sale of U.S. Treasuries using a valuation based on 
the prior day's closing prices with prevailing CME haircuts applied and 
netting the cash proceeds of the sale against the Clearing House's 
settlement variation obligation. The amount of settlement variation 
that can be satisfied in this manner will be subject to a limit equal 
to the receiving clearing member's guaranty fund requirement at such 
time.
Rule 822.B. Transfer or Disbursement of Collateral as Compensation for 
Portfolio Auction, Sale or Transfer With Notice in Advance
    As part of its default management practices, CME will conduct an 
auction, sale or transfer of defaulted member positions and will 
compensate or receive payment from the winner/transferee of such 
positions based on bids received during the terms of the related 
default management action. Traditionally the compensation is 
denominated in cash. CME is proposing Rule 822.B to provide it with the 
option to include as part of the terms of an auction, sale or transfer 
the ability to satisfy any payment owed to a winner of an auction, sale 
or transfer with Federal Reserve discount window eligible securities 
with a market value (determined by the Clearing House as of the prior 
day's close of business utilizing a recognized third party pricing 
source) equal to the amount of such payment obligation. Any such option 
would be included as part of the terms of the auction, sale or transfer 
in advance of bidding so that bidding firms can provide pricing 
information taking the payment in kind possibility into account.
Rule 901.Q. Requirement To Establish Uncommitted Repo
    New Rule 901.Q will require each clearing member that is a U.S. 
Government Securities Broker-Dealer or has a U.S. Government Securities 
Broker-Dealer affiliate to enter into (or arrange for such affiliate to 
enter into) a master repurchase agreement with CME on terms 
substantially similar to those set out by CME. Consistent with CFTC 
Regulation 39.33(c)(3), CME accepts certain highly marketable 
collateral to satisfy performance bond and guaranty fund obligations. 
CME currently utilizes prearranged master repurchase agreements that 
are highly reliable as required by paragraph 39.33(c)(3)(i)(E)(1) of 
the CFTC regulations. In order to ensure a diverse group of repo 
counterparties available to CME in times of market stress, CME is 
requiring that any clearing member that is a U.S. Government Securities 
Broker-Dealer or has a U.S. Government Securities Broker-Dealer 
affiliate to enter into (or arrange for such affiliate to enter into) a 
master repurchase agreement with CME on terms substantially similar to 
those set out by CME.
    The proposed rule change that is described in this filing is 
limited to CME's business as a DCO 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 changes would become effective immediately. 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 13-565ARR.
    CME believes the proposed rule change is consistent with the 
requirements of the Exchange Act including Section 17A.\7\ The proposed 
rules enhance CME's existing liquidity framework by providing 
additional liquidity resources, a framework for establishment of 
additional highly reliable prearranged funding arrangements and payment 
in kind of Federal Reserve eligible securities in the event the 
liquidity resources are insufficient. These rule changes are 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

[[Page 22756]]

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.\8\
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    \7\ 15 U.S.C. 78q-1.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Furthermore, the proposed changes are 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 changes are 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 CEA are comparable to a number of the 
policies underlying the Exchange Act, such as promoting market 
transparency for over-the-counter derivatives markets, promoting the 
prompt and accurate clearance of transactions and protecting investors 
and the public interest.
    Because the proposed changes are limited in their effect to CME's 
futures and swaps clearing businesses, the proposed changes are 
properly classified as effecting a change in an existing service of CME 
that:

    (a) Primarily affects the clearing operations of CME with 
respect to products that are not securities, including futures that 
are not security futures, swaps that are not security-based swaps or 
mixed swaps; and forwards that are not security forwards; and
    (b) does not significantly affect any securities clearing 
operations of CME or any rights or obligations of CME with respect 
to securities clearing or persons using such securities-clearing 
service.

As such, the changes are therefore consistent with the requirements of 
Section 17A of the Exchange Act \9\ and are properly filed under 
Section 19(b)(3)(A) \10\ and Rule 19b-4(f)(4)(ii) \11\ thereunder.
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    \9\ 15 U.S.C. 78q-1.
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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 merely 
enhance CME's existing liquidity framework by providing additional 
liquidity resources and a framework for establishment of additional 
highly reliable prearranged funding arrangements. 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 upon filing pursuant 
to Section 19(b)(3)(A) \12\ of the Act and Rule 19b-4(f)(4)(ii) \13\ 
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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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 (http://www.sec.gov/rules/sro.shtml), or
     Send an email to [email protected]. Please include 
File Number SR-CME-2015-013 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-2015-013. 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 (http://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 http://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-2015-013 
and should be submitted on or before May 14, 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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Brent J. Fields,
Secretary.
[FR Doc. 2015-09429 Filed 4-22-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  22754                             Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

                                                  SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                     rules to address liquidity shortfalls as
                                                  COMMISSION                                               Statement of the Purpose of, and                      follows:
                                                                                                           Statutory Basis for, the Proposed Rule                (b) Allocation of uncovered liquidity
                                                  [Release No. 34–74761; File No. SR–CME–                  Change                                                shortfalls. (1) Each systemically important
                                                  2015–013]                                                                                                      derivatives clearing organization and subpart
                                                                                                              CME is registered as a DCO with the                C derivatives clearing organization shall
                                                                                                           Commodity Futures Trading                             establish rules and/or procedures that enable
                                                  Self-Regulatory Organizations;                           Commission (‘‘CFTC’’) and currently                   it promptly to meet all of its settlement
                                                  Chicago Mercantile Exchange Inc.;                        offers clearing services for many                     obligations, on a same day and, as
                                                  Notice of Filing and Immediate                           different futures and swaps products.                 appropriate, intraday and multiday basis, in
                                                  Effectiveness of Proposed Rule                           With this filing, CME proposes to make                the context of the occurrence of either or both
                                                  Change Regarding Liquidity Risk                          rulebook changes that are limited to its              of the following scenarios: (i) An individual
                                                  Management                                               business clearing futures and swaps                   or combined default involving one or more
                                                                                                                                                                 clearing members’ obligations to the
                                                                                                           under the exclusive jurisdiction of the               systemically important derivatives clearing
                                                  April 17, 2015.
                                                                                                           CFTC. More specifically, the proposed                 organization or subpart C derivatives clearing
                                                     Pursuant to Section 19(b)(1) of the                   rules would enhance CME’s existing                    organization; or (ii) A liquidity shortfall
                                                  Securities Exchange Act of 1934                          liquidity framework by providing                      exceeding the financial resources of the
                                                  (‘‘Exchange Act’’ or ‘‘Act’’),1 and Rule                 additional liquidity resources and a                  systemically important derivatives clearing
                                                  19b–4 thereunder,2 notice is hereby                      framework for establishment of                        organization or subpart C derivatives clearing
                                                  given that on April 17, 2015, Chicago                    additional highly reliable prearranged                organization. (2) The rules and procedures
                                                  Mercantile Exchange Inc. (‘‘CME’’ or                     funding arrangements.                                 described in paragraph (b)(1) of this section
                                                                                                                                                                 shall: (i) Enable the systemically important
                                                  ‘‘Clearing House’’) filed with the                          On December 2, 2013, the CFTC                      derivatives clearing organization or subpart C
                                                  Securities and Exchange Commission                       adopted final regulations to establish                derivatives clearing organization promptly to
                                                  (‘‘Commission’’) the proposed rule                       additional standards for compliance                   meet its payment obligations in all relevant
                                                  change as described in Items I, II and III               with the DCO core principles set forth                currencies; (ii) Be designed to enable the
                                                  below, which Items have been prepared                    in the Commodity Exchange Act                         systemically important derivatives clearing
                                                  primarily by CME. CME filed the                          (‘‘CEA’’) for systemically important                  organization or subpart C derivatives clearing
                                                  proposal pursuant to Section 19(b)(3)(A)                 DCOs (‘‘SIDCOs’’) and DCOs that elect                 organization to avoid unwinding, revoking,
                                                                                                                                                                 or delaying the same-day settlement of
                                                  of the Act,3 and Rule 19b–4(f)(4)(ii) 4                  to opt-in to the SIDCO regulatory
                                                                                                                                                                 payment obligations; and (iii) Address the
                                                  thereunder, so that the proposal was                     requirements (‘‘SIDCO Rules’’). CFTC                  systemically important derivatives clearing
                                                  effective upon filing with the                           Regulation 39.33(c) established                       organization’s or subpart C derivatives
                                                  Commission. The Commission is                            enhanced liquidity standards for                      clearing organization’s process to replenish
                                                  publishing this notice to solicit                        SIDCOs. CFTC Regulation 39.33(c)(1)(i)                any liquidity resources it may employ during
                                                  comments on the proposed rule change                     requires SIDCOs to maintain eligible                  a stress event so that it can continue to
                                                  from interested persons.                                 liquidity resources that, ‘‘at a minimum,             operate in a safe and sound manner.
                                                                                                           will enable it to meet its intraday, same-               CME currently employs a sound risk-
                                                  I. Self-Regulatory Organization’s                        day, and multiday obligations to                      management framework for
                                                  Statement of the Terms of Substance of                   perform settlements, as defined in                    comprehensively managing liquidity
                                                  the Proposed Rule Change                                 § 39.14(a)(1), with a high degree of                  risk. This framework serves to
                                                                                                           confidence under a wide range of stress               effectively measure, monitor, and
                                                     CME is filing a proposed rule change                  scenarios that should include, but not
                                                  that is limited to its business as a                                                                           manage liquidity risk on an ongoing
                                                                                                           be limited to, a default by the clearing              basis. The framework includes
                                                  derivatives clearing organization                        member creating the largest aggregate
                                                  (‘‘DCO’’). More specifically, the                                                                              assessment and maintenance of
                                                                                                           liquidity obligation for the [SIDCO] . . .            sufficient liquid resources to effect
                                                  proposed changes would amend current                     in extreme but plausible market                       same-day settlement of payment
                                                  CME Rules in the area of liquidity risk                  conditions.’’ Regulation 39.33(c)(3)                  obligations with a high degree of
                                                  management.                                              establishes qualifying liquidity                      confidence under a wide range of
                                                  II. Self-Regulatory Organization’s                       resources as follows:                                 potential stress scenarios. The stress
                                                  Statement of the Purpose of, and                         (3) Qualifying liquidity resources. (i) Only          scenarios include the default of the
                                                  Statutory Basis for, the Proposed Rule                   the following liquidity resources are eligible        clearing member and its affiliates that
                                                  Change                                                   for the purpose of meeting the requirement            would generate the largest aggregate,
                                                                                                           of paragraph (c)(1) of this section: (A) Cash         with consideration of the second largest,
                                                    In its filing with the Commission,                     in the currency of the requisite obligations,         and by currency liquidity obligation
                                                  CME included statements concerning                       held either at the central bank of issue or at
                                                                                                           a creditworthy commercial bank; (B)
                                                                                                                                                                 under extreme but plausible market
                                                  the purpose and basis for the proposed                   Committed lines of credit; (C) Committed              conditions. CME manages liquidity risk
                                                  rule change and discussed any                            foreign exchange swaps; (D) Committed                 through utilization of qualifying liquid
                                                  comments it received on the proposed                     repurchase agreements; or (E)(1) Highly               resources to meet the liquidity
                                                  rule change. The text of these statements                marketable collateral, including high quality,        obligation calculated under the
                                                  may be examined at the places specified                  liquid, general obligations of a sovereign            framework. In order to augment this
                                                  in Item IV below. CME has prepared                       nation (2) The assets described in paragraph          framework and comply with CFTC
                                                                                                           (c)(3)(i)(E)(1) of this section must be readily
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  summaries, set forth in sections A, B,                                                                         Regulations, CME will add certain
                                                                                                           available and convertible into cash pursuant          requirements and/or capabilities that it
                                                  and C below, of the most significant                     to prearranged and highly reliable funding
                                                  aspects of such statements.                              arrangements, even in extreme but plausible
                                                                                                                                                                 will employ in its administration of its
                                                                                                           market conditions.                                    liquidity risk program. This rules-based
                                                    1 15 U.S.C. 78s(b)(1).                                                                                       approach to liquidity risk management
                                                    2 17 CFR 240.19b–4.                                      Additionally, the CFTC finalized                    will also rely on and be augmented by
                                                    3 15 U.S.C. 78s(b)(3)(A).                              CFTC Regulation 39.35 in the SIDCO                    CME’s collateral policy determinations,
                                                    4 17 CFR 240.19b–4(f)(4)(ii).                          Rules requiring, among other things,                  with liquidity risk management serving


                                             VerDate Sep<11>2014    18:53 Apr 22, 2015   Jkt 235001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\23APN1.SGM   23APN1


                                                                                 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices                                            22755

                                                  as a primary consideration in the                        to replace its non-cash guaranty fund                Rule 901.Q. Requirement To Establish
                                                  enumeration of such collateral policies.                 deposits with cash upon 60 minutes’                  Uncommitted Repo
                                                  Rule 822.A.1. Substitution of Cash                       notice. To the extent that a clearing                   New Rule 901.Q will require each
                                                  Guaranty Fund Deposits                                   member fails to provide cash within 60               clearing member that is a U.S.
                                                                                                           minutes or the request occurs after 3                Government Securities Broker-Dealer or
                                                     Rule 822.A establishes a liquidity                    p.m. Central time, CME may debit cash
                                                  ‘‘waterfall’’ where in the event CME                                                                          has a U.S. Government Securities
                                                                                                           from that clearing member’s settlement               Broker-Dealer affiliate to enter into (or
                                                  needs to obtain liquidity for non-cash
                                                                                                           bank account in the amount of the                    arrange for such affiliate to enter into)
                                                  collateral for same day settlement it will
                                                  first attempt to obtain liquidity for such               clearing member’s non-cash guaranty                  a master repurchase agreement with
                                                  collateral through asset sale, any                       fund assets.                                         CME on terms substantially similar to
                                                  uncommitted funding arrangements, its                                                                         those set out by CME. Consistent with
                                                                                                           Rule 822.A.2. U.S. Treasury Sale To                  CFTC Regulation 39.33(c)(3), CME
                                                  committed lines of credit and any                        Meet Clearing House Settlement
                                                  committed repurchase agreements. In                                                                           accepts certain highly marketable
                                                                                                           Variation Obligations                                collateral to satisfy performance bond
                                                  the event CME requires further liquidity
                                                  or such means were unsuccessful, CME                        Further, pursuant to proposed Rule                and guaranty fund obligations. CME
                                                  may then declare a ‘‘Liquidity Event,’’                  822.A.2 in the event a liquidity shortfall           currently utilizes prearranged master
                                                  which is a newly defined term in the                                                                          repurchase agreements that are highly
                                                                                                           remains after the substitution provided
                                                  proposed rule change,5 and substitute                                                                         reliable as required by paragraph
                                                                                                           by Rule 822.A.1, CME may satisfy a
                                                  any cash deposited by clearing members                                                                        39.33(c)(3)(i)(E)(1) of the CFTC
                                                                                                           settlement variation obligation to a
                                                  in satisfaction of their guaranty fund                                                                        regulations. In order to ensure a diverse
                                                                                                           clearing member that is (or has an                   group of repo counterparties available to
                                                  requirements up to the amount of U.S.                    affiliate that is) a U.S. Government
                                                  Treasuries deposited by a clearing                                                                            CME in times of market stress, CME is
                                                                                                           Securities Broker-Dealer with a forced               requiring that any clearing member that
                                                  member subject of such Liquidity Event.
                                                                                                           sale of U.S. Treasuries using a valuation            is a U.S. Government Securities Broker-
                                                  The amount of U.S. Treasuries
                                                                                                           based on the prior day’s closing prices              Dealer or has a U.S. Government
                                                  substituted will be sized using the
                                                  haircutted market value from the prior                   with prevailing CME haircuts applied                 Securities Broker-Dealer affiliate to
                                                  day’s close of business utilizing a                      and netting the cash proceeds of the sale            enter into (or arrange for such affiliate
                                                  recognized third party pricing source                    against the Clearing House’s settlement              to enter into) a master repurchase
                                                  and CME’s then prevailing haircut                        variation obligation. The amount of                  agreement with CME on terms
                                                  schedule. Any assets so transferred will                 settlement variation that can be satisfied           substantially similar to those set out by
                                                  be applied as guaranty fund deposits of                  in this manner will be subject to a limit            CME.
                                                  any such clearing member whose cash                      equal to the receiving clearing member’s                The proposed rule change that is
                                                  was substituted and will be allocated                    guaranty fund requirement at such time.              described in this filing is limited to
                                                  pro rata among any clearing members                                                                           CME’s business as a DCO clearing
                                                                                                           Rule 822.B. Transfer or Disbursement of              products under the exclusive
                                                  with cash deposits. To the extent
                                                  requested by the impacted clearing                       Collateral as Compensation for Portfolio             jurisdiction of the CFTC. CME has not
                                                  member within 24 hours of substitution,                  Auction, Sale or Transfer With Notice in             cleared security based swaps and does
                                                  CME Clearing will replace the cash for                   Advance                                              not plan to and therefore the proposed
                                                  such substituted U.S. Treasuries, to the                                                                      rule change does not impact CME’s
                                                                                                              As part of its default management
                                                  extent still on deposit, within 29 days                                                                       security-based swap clearing business in
                                                                                                           practices, CME will conduct an auction,              any way. The proposed changes would
                                                  of the date of original substitution.
                                                                                                           sale or transfer of defaulted member                 become effective immediately. CME
                                                  Additionally, to ensure sufficient cash
                                                  exists in a guaranty fund for the above                  positions and will compensate or                     notes that it has also submitted the
                                                  mentioned substitution, CME may                          receive payment from the winner/                     proposed rule change that is the subject
                                                  require any clearing member that is (or                  transferee of such positions based on                of this filing to its primary regulator, the
                                                  has an affiliate that is) a broker-dealer                bids received during the terms of the                CFTC, in CME Submission 13–565ARR.
                                                  that functions in the operation of                       related default management action.                      CME believes the proposed rule
                                                  markets for U.S. Treasuries (a ‘‘U.S.                    Traditionally the compensation is                    change is consistent with the
                                                  Government Securities Broker-Dealer’’ 6)                 denominated in cash. CME is proposing                requirements of the Exchange Act
                                                                                                           Rule 822.B to provide it with the option             including Section 17A.7 The proposed
                                                     5 The proposed rules provide for the following        to include as part of the terms of an                rules enhance CME’s existing liquidity
                                                  new definition: ‘‘Liquidity Event’’ shall mean the       auction, sale or transfer the ability to             framework by providing additional
                                                  Clearing House requires liquidity (1) to satisfy
                                                  obligations of a defaulted or suspended Clearing         satisfy any payment owed to a winner                 liquidity resources, a framework for
                                                  Member, (2) to satisfy obligations associated with       of an auction, sale or transfer with                 establishment of additional highly
                                                  the transfer of account(s) of a defaulted or             Federal Reserve discount window                      reliable prearranged funding
                                                  suspended Clearing Member or (3) as a result of a                                                             arrangements and payment in kind of
                                                  liquidity constraint or default by a depositary or
                                                                                                           eligible securities with a market value
                                                  settlement bank.                                         (determined by the Clearing House as of              Federal Reserve eligible securities in the
                                                     6 The proposed rules provide for the following        the prior day’s close of business                    event the liquidity resources are
                                                  new definition: ‘‘U.S. Government Securities             utilizing a recognized third party                   insufficient. These rule changes are
                                                  Broker-Dealer’’ shall mean a broker-dealer that
                                                                                                           pricing source) equal to the amount of               therefore designed to promote the
                                                  functions in the operation of markets for U.S.
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                                                                                                                                                                prompt and accurate clearance and
                                                  Treasuries. The functions may include, but are not       such payment obligation. Any such
                                                  limited to: (1) Acting as a channel for the United                                                            settlement of securities transactions
                                                                                                           option would be included as part of the
                                                  States Department of the Treasury and investors in                                                            and, to the extent applicable, derivatives
                                                                                                           terms of the auction, sale or transfer in
                                                  primary market for U.S. Treasuries (for example, by                                                           agreements, contracts, and transactions,
                                                  participating in auctions); (2) Acting as providers of   advance of bidding so that bidding firms             to assure the safeguarding of securities
                                                  liquidity in primary and secondary markets for U.S.      can provide pricing information taking               and funds which are in the custody or
                                                  Treasuries; and (3) Acting as providers of asset         the payment in kind possibility into
                                                  transformation and market making services in the
                                                  market for U.S. Treasuries.                              account.                                               7 15   U.S.C. 78q–1.



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                                                  22756                          Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

                                                  control of the clearing agency or for                   therefore do not impose any burden on                 change that are filed with the
                                                  which it is responsible, and, in general,               competition that is inappropriate in                  Commission, and all written
                                                  to protect investors and the public                     furtherance of the purposes of the Act.               communications relating to the
                                                  interest consistent with Section                                                                              proposed rule change between the
                                                                                                          C. Self-Regulatory Organization’s
                                                  17A(b)(3)(F) of the Exchange Act.8                                                                            Commission and any person, other than
                                                                                                          Statement on Comments on the
                                                     Furthermore, the proposed changes                                                                          those that may be withheld from the
                                                                                                          Proposed Rule Change Received From
                                                  are limited to CME’s futures and swaps                                                                        public in accordance with the
                                                                                                          Members, Participants, or Others
                                                  clearing businesses, which mean they                                                                          provisions of 5 U.S.C. 552, will be
                                                  are limited in their effect to products                   CME has not solicited, and does not                 available for Web site viewing and
                                                  that are under the exclusive jurisdiction               intend to solicit, comments regarding                 printing in the Commission’s Public
                                                  of the CFTC. As such, the proposed                      this proposed rule change. CME has not                Reference Room, 100 F Street NE.,
                                                  changes are limited to CME’s activities                 received any unsolicited written                      Washington, DC 20549, on official
                                                  as a DCO clearing futures that are not                  comments from interested parties.                     business days between the hours of
                                                  security futures and swaps that are not                 III. Date of Effectiveness of the                     10:00 a.m. and 3:00 p.m. Copies of such
                                                  security-based swaps. CME notes that                    Proposed Rule Change and Timing for                   filing also will be available for
                                                  the policies of the CFTC with respect to                Commission Action                                     inspection and copying at the principal
                                                  administering the CEA are comparable                                                                          office of CME and on CME’s Web site at
                                                  to a number of the policies underlying                     The foregoing rule change has become               http://www.cmegroup.com/market-
                                                  the Exchange Act, such as promoting                     effective upon filing pursuant to Section             regulation/rule-filings.html.
                                                  market transparency for over-the-                       19(b)(3)(A) 12 of the Act and Rule 19b–                  All comments received will be posted
                                                  counter derivatives markets, promoting                  4(f)(4)(ii) 13 thereunder. At any time                without change; the Commission does
                                                  the prompt and accurate clearance of                    within 60 days of the filing of the                   not edit personal identifying
                                                  transactions and protecting investors                   proposed rule change, the Commission                  information from submissions. You
                                                  and the public interest.                                summarily may temporarily suspend                     should submit only information that
                                                     Because the proposed changes are                     such rule change if it appears to the                 you wish to make available publicly. All
                                                  limited in their effect to CME’s futures                Commission that such action is                        submissions should refer to File
                                                  and swaps clearing businesses, the                      necessary or appropriate in the public                Number SR–CME–2015–013 and should
                                                  proposed changes are properly                           interest, for the protection of investors,            be submitted on or before May 14, 2015.
                                                  classified as effecting a change in an                  or otherwise in furtherance of the
                                                                                                          purposes of the Act.                                    For the Commission, by the Division of
                                                  existing service of CME that:                                                                                 Trading and Markets, pursuant to delegated
                                                     (a) Primarily affects the clearing operations        IV. Solicitation of Comments                          authority.14
                                                  of CME with respect to products that are not              Interested persons are invited to                   Brent J. Fields,
                                                  securities, including futures that are not                                                                    Secretary.
                                                                                                          submit written data, views and
                                                  security futures, swaps that are not security-
                                                  based swaps or mixed swaps; and forwards                arguments concerning the foregoing,                   [FR Doc. 2015–09429 Filed 4–22–15; 8:45 am]

                                                  that are not security forwards; and                     including whether the proposed rule                   BILLING CODE 8011–01–P

                                                     (b) does not significantly affect any                change is consistent with the Act.
                                                  securities clearing operations of CME or any            Comments may be submitted by any of
                                                  rights or obligations of CME with respect to            the following methods:                                SECURITIES AND EXCHANGE
                                                  securities clearing or persons using such                                                                     COMMISSION
                                                  securities-clearing service.                            Electronic Comments
                                                                                                                                                                [Release No. 34–74758; File No. SR–MIAX–
                                                  As such, the changes are therefore                        • Use the Commission’s Internet                     2015–27]
                                                  consistent with the requirements of                     comment form (http://www.sec.gov/
                                                  Section 17A of the Exchange Act 9 and                   rules/sro.shtml), or                                  Self-Regulatory Organizations; Miami
                                                  are properly filed under Section                          • Send an email to rule-comments@                   International Securities Exchange LLC;
                                                  19(b)(3)(A) 10 and Rule 19b–4(f)(4)(ii) 11              sec.gov. Please include File Number SR–               Notice of Filing and Immediate
                                                  thereunder.                                             CME–2015–013 on the subject line.                     Effectiveness of a Proposed Rule
                                                                                                          Paper Comments                                        Change To Amend Its Fee Schedule
                                                  B. Self-Regulatory Organization’s
                                                  Statement on Burden on Competition                        • Send paper comments in triplicate                 April 17, 2015.
                                                     CME does not believe that the                        to Secretary, Securities and Exchange                    Pursuant to Section 19(b)(1) of the
                                                  proposed rule change will have any                      Commission, 100 F Street NE.,                         Securities Exchange Act of 1934
                                                  impact, or impose any burden, on                        Washington, DC 20549–1090.                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  competition. The proposed rules merely                  All submissions should refer to File                  notice is hereby given that on April 7,
                                                  enhance CME’s existing liquidity                        Number SR–CME–2015–013. This file                     2015, Miami International Securities
                                                  framework by providing additional                       number should be included on the                      Exchange LLC (‘‘MIAX’’ or ‘‘Exchange’’)
                                                  liquidity resources and a framework for                 subject line if email is used. To help the            filed with the Securities and Exchange
                                                  establishment of additional highly                      Commission process and review your                    Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                  reliable prearranged funding                            comments more efficiently, please use                 the proposed rule change as described
                                                  arrangements. Further, the changes are                  only one method. The Commission will                  in Items I, II, and III below, which Items
                                                  limited to CME’s futures and swaps                      post all comments on the Commission’s                 have been prepared by the Exchange.
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                                                  clearing businesses and, as such, do not                Internet Web site (http://www.sec.gov/                The Commission is publishing this
                                                  affect the security-based swap clearing                 rules/sro.shtml). Copies of the                       notice to solicit comments on the
                                                  activities of CME in any way and                        submission, all subsequent                            proposed rule change from interested
                                                                                                          amendments, all written statements                    persons.
                                                    8 15 U.S.C. 78q–1(b)(3)(F).                           with respect to the proposed rule
                                                    9 15 U.S.C. 78q–1.                                                                                            14 17 CFR 200.30–3(a)(12).
                                                    10 15 U.S.C. 78s(b)(3)(A).                              12 15 U.S.C. 78s(b)(3)(A).                            1 15 U.S.C. 78s(b)(1).
                                                    11 17 CFR 240.19b–4(f)(4)(ii).                          13 17 CFR 240.19b–4(f)(4)(ii).                        2 17 CFR 240.19b–4.




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Document Created: 2015-12-16 08:41:55
Document Modified: 2015-12-16 08:41:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 22754 

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