80_FR_47165 80 FR 47014 - Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand Performance Bond Collateral Program To Include Australian Government Debt, Singapore Government Debt, and Ontario and Quebec Canadian Provincial Debt

80 FR 47014 - Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand Performance Bond Collateral Program To Include Australian Government Debt, Singapore Government Debt, and Ontario and Quebec Canadian Provincial Debt

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range47014-47018
FR Document2015-19290

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 47014-47018]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19290]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75582; File No. SR-CME-2015-014]


Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Expand Performance Bond Collateral Program To Include Australian 
Government Debt, Singapore Government Debt, and Ontario and Quebec 
Canadian Provincial Debt

July 31, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on July 24, 2015, Chicago Mercantile Exchange Inc. (``CME'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I and II 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 proposing to announce via Advisory Notice the expansion of 
its collateral program to include Australian Government debt, Singapore 
Government debt, and Ontario and Quebec Provincial debt. More 
specifically, CME is proposing to issue a CME Clearing Advisory Notice 
to clearing member firms announcing an expansion of its performance 
bond collateral program for Base, IRS and CDS Guaranty Fund products to 
include certain discount bills, notes and bonds issued by the 
Australian Government (``AGBs''), Singapore Government (``SGBs''), and 
the Canadian Provinces of Ontario and Quebec (``CPBs''). The text of 
the proposed rule change is below. Italicized text indicates additions; 
bracketed text indicates deletions.
* * * * *

[[Page 47015]]

CME Group Advisory Notice
    TO: Clearing Member, Firms Chief Financial Officers, Back Office 
Managers
    FROM: CME Clearing.
    SUBJECT: Canadian provincial debt, Australian sovereign debt and 
Singapore sovereign debt.
    DATE: May 27, 2015.
    CME Clearing (CME) announces the addition of Australia and 
Singapore to our list of acceptable foreign sovereign debt. CME also 
announces the addition of Canadian provincial debt from Ontario and 
Quebec. Australian and Singapore sovereign debt, and Canadian 
provincial debt are acceptable for Base, CDS, and IRS performance bond 
requirements and are part of Category 4 assets for Base and IRS and 
Category 3 assets for CDS. These additions to our acceptable collateral 
list will be effective July 20, 2015, pending regulatory approval. 
Please see the applicable haircuts and limits below.

----------------------------------------------------------------------------------------------------------------
                                                                  Haircut schedule
                                                          --------------------------------
                                                                  Time to maturity
            Asset class                  Description      --------------------------------         Notes
                                                              0 to <= 5      >5 to <=10
                                                                years           years
----------------------------------------------------------------------------------------------------------------
Foreign Sovereign Debt............  Discount Bills from                5%  ..............   Australian
                                     the following                                          debt is capped at
                                     countries:                                             $250 million USDE
                                      Australia..                                   per clearing member.
                                      Singapore..
                                    Notes and Bonds from               6%            7.5%   Singapore
                                     the following                                          debt is capped at
                                     countries:                                             $100 million USDE
                                      Australia..                                   per clearing member.
                                      Singapore..
Canadian Provincials..............  Discount Bills from               25%  ..............   Canadian
                                     the following                                          Provincial debt is
                                     provinces:                                             capped at $100
                                      Ontario....                                   million USDE per
                                      Quebec.....                                   clearing member.
                                    Notes and Bonds from              25%  ..............   Provincials
                                     the following                                          that exceed 5 years
                                     provinces:                                             time to maturity are
                                      Ontario....                                   not acceptable.
                                      Quebec.....
----------------------------------------------------------------------------------------------------------------

    For questions regarding these new collateral types, please contact 
the Financial Unit at (312) 207-2594 or Collateral Services at (312) 
648-3775.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filings with the Commission, CME included statements 
concerning the purpose and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. CME has prepared summaries, set forth in sections A, B, 
and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    CME is registered as a derivatives clearing organization with the 
Commodity Futures Trading Commission (``CFTC'') and operates a 
substantial business clearing futures and swaps contracts subject to 
the jurisdiction of the CFTC. CME is proposing to announce via Advisory 
Notice the expansion of its collateral program to include Australian 
Government debt, Singapore Government debt, and Ontario and Quebec 
Provincial debt. More specifically, CME is proposing to issue a CME 
Clearing Advisory Notice to clearing member firms announcing an 
expansion of its performance bond collateral program for Base, IRS and 
CDS Guaranty Fund products to include certain discount bills, notes and 
bonds issued by the Australian Government (``AGBs''), Singapore 
Government (``SGBs''), and the Canadian Provinces of Ontario and Quebec 
(``CPBs'').
AGBs
    CME continues to seek diversification of both its clearing member 
and collateral bases where appropriate. Acceptance of AGBs will 
diversify CME's performance bond collateral base and enable posting of 
high-quality assets widely held by participants in Australia, where CME 
obtained local regulatory authorization to offer direct clearing 
services. CME's credit team evaluated AGBs as eligible performance bond 
collateral pursuant to requests from market participants and 
recommended their acceptance to CME's clearing house risk committee 
(``CHRC''). The decision to accept AGBs is reflective of the global 
nature of the IRS swaps market as these instruments are likely to be 
held by, or accessible to, AUD IRS participants. We believe high 
quality foreign sovereign debt subject to prudent limits will increase 
the likelihood that high quality financial institutions from foreign 
jurisdictions will consider clearing membership at CME. Additional 
clearing members from foreign jurisdictions will add an increased 
element of geographic diversification to CME's membership base and 
potentially mitigate the negative impact of systemic events through 
reduced geographic concentration.
    CME deemed AGBs with a time to maturity of 10 years or less as 
eligible collateral after reaching a favorable determination regarding 
these instruments' liquidity profile in a stressed market environment. 
The AGBs will be category 4 assets for products supported by the Base 
and IRS guaranty funds and Category 3 assets for products supported by 
the CDS guaranty fund. Assets in these categories are capped per 
clearing firm at a level established to ensure such assets are 
convertible into cash on a same-day basis via pledge to CME's credit 
facility. To better ensure liquidity is available to CME in times of 
market stress, the AGBs are further subject to a sub-limit restricting 
clearing firms from posting more than $250 million of AGBs at any one 
time.
    All clearing members will be eligible to post AGBs as performance 
bond but CME expects such collateral to originate

[[Page 47016]]

primarily if not exclusively from Australian market participants in OTC 
IRS markets due to their natural access to AGBs. Currently, CME has a 
limited number of indirect Australian IRS participants and no direct 
Australian IRS participants. As such, the per-clearing member cap on 
AGBs should result in these instruments accounting for a de minimis 
portion of CME's overall collateral holdings. As a comparative example, 
CME accepts as performance bond debt instruments issued by the Japanese 
government with per-firm limits at four times than the proposed limits 
for AGBs (i.e., up to $1B per clearing member for JPY debt). Currently, 
only 0.5% of the overall limit for JPY debt is being utilized. 
Initially, we expect similarly de minimis amounts of AGBs.
    Acceptance of AGBs will not impact the overall nature and level of 
risk presented by CME as the level of margin collected will remain the 
same; only the constitution of CME's collateral holdings may change. 
CME analysis indicates the AGBs satisfy each of the characteristics for 
high-quality liquid assets the Bank for International Settlements (BIS) 
has created for collateral evaluation, and thus exhibit minimal credit, 
market and liquidity risk. The risk profile and haircut schedule for 
AGBs are consistent with those for similarly rated foreign-issued debt 
accepted by CME as performance bond collateral.
SGBs
    Acceptance of SGBs will diversify CME's performance bond collateral 
base and enable posting of high-quality assets widely held by 
participants in Singapore, where CME is seeking regulatory 
authorization to offer direct clearing services. CME's credit team 
evaluated SGBs as eligible performance bond collateral pursuant to 
requests from market participants and recommended their acceptance to 
CME's clearing house risk committee. The decision to accept SGBs is 
reflective of the global nature of the CME's markets as these 
instruments are likely to be held by, or accessible to, Singaporean 
participants. We believe high quality foreign sovereign debt subject to 
prudent limits will increase the likelihood that high quality financial 
institutions from foreign jurisdictions will consider clearing 
membership at CME. Additional clearing members from foreign 
jurisdictions will add an increased element of geographic 
diversification to its membership base and potentially mitigate the 
negative impact of systemic events through reduced geographic 
concentration.
    CME deemed SGBs with a time to maturity of 10 years or less as 
eligible collateral after reaching a favorable determination regarding 
these instruments' liquidity profile in a stressed market environment. 
The SGBs will be category 4 assets for products supported by the Base 
and IRS guaranty funds and Category 3 assets for products supported by 
the CDS guaranty fund. Assets in these categories are capped per 
clearing firm at a level established to ensure such assets are 
convertible into cash on a same-day basis via pledge to CME's credit 
facility. To better ensure liquidity is available to CME in times of 
market stress, the SGBs are further subject to a sub-limit restricting 
clearing firms from posting more than $100 million of SGBs at any one 
time.
    All clearing members will be eligible to post SGBs as performance 
bond but CME expects such collateral to originate primarily if not 
exclusively from Singapore market participants due to their natural 
access to SGBs. Currently, CME has a limited number of indirect 
Singapore participants and no direct Singapore clearing members. As 
such, the per-clearing member cap on SGBs should result in these 
instruments accounting for a de minimis portion of CME's overall 
collateral holdings. As a comparative example, CME accepts as 
performance bond debt instruments issued by the Japanese government 
with per-firm limits at ten times than the proposed limits for SGBs 
(i.e., up to $1B per clearing member for JPY debt). Currently, only 
0.5% of the overall limit for JPY debt is being utilized. Initially, we 
expect similarly de minimis amounts of SGBs.
    Acceptance of SGBs will not impact the overall nature and level of 
risk presented by CME as the level of margin collected will remain the 
same; only the constitution of CME's collateral holdings may change. 
CME analysis indicates the SGBs satisfy each of the characteristics for 
high-quality liquid assets the Bank for International Settlements (BIS) 
has created for collateral evaluation, and thus exhibit minimal credit, 
market and liquidity risk. The risk profile and haircut schedule for 
SGBs are consistent with those for similarly rated foreign-issued debt 
accepted by CME as performance bond collateral.
CPBs
    Acceptance of CPBs will diversify CME's performance bond collateral 
base and enable posting of high-quality assets widely held by 
participants in Ontario and Quebec, where CME has local regulatory 
authorization to offer direct clearing services. CME's credit team 
evaluated CPBs as eligible performance bond collateral pursuant to 
requests from market participants and recommended their acceptance to 
CME's clearing house risk committee (``CHRC''). The decision to accept 
CPBs is reflective of the global nature of the CME's markets as these 
instruments are likely to be held by, or accessible to, Canadian 
clearing members and market participants. We believe high quality 
foreign sovereign debt subject to prudent limits will increase the 
likelihood that high quality financial institutions from foreign 
jurisdictions will consider clearing membership at CME. Additional 
clearing members from foreign jurisdictions will add an increased 
element of geographic diversification to CME's membership base and 
potentially mitigate the negative impact of systemic events through 
reduced geographic concentration.
    CME deemed CPBs with a time to maturity of 5 years or less as 
eligible collateral after reaching a favorable determination regarding 
these instruments' liquidity profile in a stressed market environment. 
The CPBs will be category 4 assets for products supported by the Base 
and IRS guaranty funds and Category 3 assets for products supported by 
the CDS guaranty fund. Assets in these categories are capped per 
clearing firm at a level established to ensure such assets are 
convertible into cash on a same-day basis via pledge to CME's credit 
facility. To better ensure liquidity is available to CME in times of 
market stress, the CPBs are further subject to a sub-limit restricting 
clearing firms from posting more than $100 million of CPBs at any one 
time.
    All clearing members will be eligible to post CPBs as performance 
bond but CME expects such collateral to originate primarily if not 
exclusively from Canadian market participants due to their natural 
access to CPBs. The per-clearing member cap on CPBs should result in 
these instruments accounting for a de minimis portion of CME's overall 
collateral holdings. As a comparative example, CME accepts as 
performance bond debt instruments issued by the Japanese government 
with per-firm limits at ten times than the proposed limits for CPBs 
(i.e., up to $1B per clearing member for JPY debt). Currently, only 
0.5% of the overall limit for JPY debt is being utilized. Initially, we 
expect similarly de minimis amounts of CPBs.
    Acceptance of CPBs will not impact the overall nature and level of 
risk presented by CME as the level of margin collected will remain the 
same; only the constitution of CME's collateral

[[Page 47017]]

holdings may change. CME analysis indicates the CPBs satisfy each of 
the characteristics for high-quality liquid assets the Bank for 
International Settlements (BIS) has created for collateral evaluation, 
and thus exhibit minimal credit, market and liquidity risk. The risk 
profile and haircut schedule for CPBs are consistent with those for 
similarly rated foreign-issued debt accepted by CME as performance bond 
collateral.
* * * * *
    A summary of the changes described in the Advisory Notice is set 
forth in the following chart:

----------------------------------------------------------------------------------------------------------------
                                                                  Haircut schedule
                                                          --------------------------------
                                                                  Time to maturity
            Asset class                  Description      --------------------------------         Notes
                                                                             >5 to <=10
                                                           0 to <=5 years       years
----------------------------------------------------------------------------------------------------------------
Foreign Sovereign Debt............  Discount Bills from                5%  ..............   Australian
                                     the following                                          debt is capped at
                                     countries:                                             $250 million USDE
                                      Australia..                                   per clearing member
                                      Singapore..
                                    Notes and Bonds from               6%            7.5%   Singapore
                                     the following                                          debt is capped at
                                     countries:                                             $100 million USDE
                                      Australia..                                   per clearing member
                                      Singapore..
Canadian Provincials..............  Discount Bills from               25%  ..............   Canadian
                                     the following                                          Provincial debt is
                                     provinces:                                             capped at $100
                                      Ontario....                                   million USDE per
                                      Quebec.....                                   clearing member
                                    Notes and Bonds from              25%  ..............   Provincials
                                     the following                                          that exceed 5 years
                                     provinces:.                                            time to maturity are
                                      Ontario....                                   not acceptable
                                      Quebec.....
----------------------------------------------------------------------------------------------------------------

* * * * *
    The proposed rule changes that are described in this filing are 
limited to CME's business as a derivatives clearing organization 
clearing products under the exclusive jurisdiction of the Commodity 
Futures Trading Commission (``CFTC''). CME has not cleared security 
based swaps and does not plan to and therefore the proposed rule 
changes do 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 changes that are the 
subject of this filing to its primary regulator, the CFTC, in CME 
Submission Numbers 15-228R, 15-229RR, and 15-230R.

B. Self-Regulatory Organization's Statement on Burden on Competition

    CME does not believe that the proposed rule change will have any 
impact, or impose any burden, on competition. The proposed changes 
involve expanding its collateral program to include Australian 
Government debt, Singapore Government debt, and Ontario and Quebec 
Provincial debt. More specifically, CME is proposing to issue a CME 
Clearing Advisory Notice to clearing member firms announcing an 
expansion of its performance bond collateral program for Base, IRS and 
CDS Guaranty Fund products to include certain discount bills, notes and 
bonds issued by the Australian Government (``AGBs''), Singapore 
Government (``SGBs''), and the Canadian Provinces of Ontario and Quebec 
(``CPBs'').

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) \5\ of the Act and Rule 19b-4(f)(4)(ii) \6\ 
thereunder. 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------

    CME believes that the proposal does not significantly affect any 
securities clearing operations of CME because CME recently filed a 
proposed rule change that clarified that CME has decided not to clear 
security-based swaps, except in a very limited set of circumstances.\7\ 
The rule filing reflecting CME's decision not to clear security-based 
swaps removed any ambiguity concerning CME's ability or intent to 
perform the functions of a clearing agency with respect to security-
based swaps. Therefore, this proposal will have no effect on any 
securities clearing operations of CME.
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

    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.

[[Page 47018]]

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 rule-comments@sec.gov. Please include 
File No. SR-CME-2015-014 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-2015-014. 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-2015-014 and 
should be submitted on or before August 27, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19290 Filed 8-5-15; 8:45 am]
BILLING CODE 8011-01-P



                                              47014                        Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

                                              SLPs are obligated to: (1) Maintain a bid               C. Additional Proposed Rule Changes                    SECURITIES AND EXCHANGE
                                              or an offer at the NBB or NBO in each                                                                          COMMISSION
                                              assigned security in round lots at least                   The Exchange proposes to delete: (1)
                                              10% of the trading day on average; and                  NYSE Rule 104T, which is no longer
                                                                                                                                                             [Release No. 34–75582; File No. SR–CME–
                                              (2) add a certain volume of liquidity for               operative because the Commission                       2015–014]
                                              all assigned SLP securities. SLMMs                      approved the NMM Pilot; (2) NYSE Rule
                                              have continuous two-sided quoting                       104.05, which was only intended to be                  Self-Regulatory Organizations;
                                              obligations and must meet certain                       effective through October 31, 2009; and                Chicago Mercantile Exchange Inc.;
                                              pricing obligations for those quotes. As                (3) a related reference to NYSE Rule                   Notice of Filing and Immediate
                                              a benefit for incurring these obligations,              104.05. The Commission finds that                      Effectiveness of Proposed Rule
                                              SLPs receive a financial rebate for each                these proposed deletions from the                      Change To Expand Performance Bond
                                              transaction when liquidity that the SLP                 Exchange’s rule text are consistent with               Collateral Program To Include
                                              posts on the Exchange is executed                       the Act because they remove text from                  Australian Government Debt,
                                              against an inbound order. When it                       the Exchange’s rulebook that is                        Singapore Government Debt, and
                                              adopted the SLP Pilot, the Exchange                     extraneous, particularly now that the                  Ontario and Quebec Canadian
                                              represented that it would use the SLP                   Commission is approving the NMM and                    Provincial Debt
                                              Pilot period to identify and address any                SLP programs on a permanent basis.                     July 31, 2015.
                                              administrative or operational problems                     Furthermore, the Exchange proposes                     Pursuant to Section 19(b)(1) of the
                                              prior to expanding it.70 The Exchange                   to: (1) Replace the term ‘‘Display Book’’              Securities Exchange Act of 1934
                                              also opined that the Pilot period would                 with either the term ‘‘Exchange                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              provide SLPs with ‘‘essential practical                 systems’’ or ‘‘Exchange book’’                         notice is hereby given that on July 24,
                                              experience with the new program and                     throughout NYSE Rules 104 and 1000;                    2015, Chicago Mercantile Exchange Inc.
                                              enable the SLPs to become proficient in                 (2) in NYSE Rule 104(k), replace the                   (‘‘CME’’) filed with the Securities and
                                              the SLP role before expanding the                       term ‘‘NYSE Regulation’s Division of                   Exchange Commission (‘‘Commission’’)
                                              assigned securities to all NYSE-listed                  Market Surveillance’’ with the term ‘‘the              the proposed rule change as described
                                              securities.’’ 71                                        Exchange’’ pursuant to NYSE Rule 0;                    in Items I and II below, which Items
                                                 In seeking to make the SLP Pilot                     and (3) correct an errant cross reference              have been prepared primarily by CME.
                                              permanent, the Exchange has explained                   in NYSE Rule 107B(b). The Commission                   CME filed the proposal pursuant to
                                              that the number of stocks quoted by at                  finds that these additional changes are                Section 19(b)(3)(A) of the Act,3 and Rule
                                              least one SLP has increased                             consistent with the Act because they                   19b–4(f)(4)(ii) thereunder,4 so that the
                                              substantially since it first launched the               will provide additional clarity and                    proposal was effective upon filing with
                                              SLP Pilot.72 The Exchange represents                    consistency throughout the current                     the Commission. The Commission is
                                              that: (1) Through December 2014, SLPs                   NMM rules.                                             publishing this notice to solicit
                                              represented 25.2% of liquidity-                                                                                comments on the proposed rule change
                                              providing execution; and (2) SLPs                       IV. Conclusion                                         from interested persons.
                                              currently account for 13.3% of the                        It is therefore ordered that, pursuant
                                              liquidity-providing volume in issues                    to Section 19(b)(2) of the Act,75 the                  I. Self-Regulatory Organization’s
                                              outside of the Exchange’s 1,000 most                    proposed rule change (SR–NYSE–2015–                    Statement of the Terms of Substance of
                                              active issues.73 The Exchange also states               26) be, and hereby is, approved.                       the Proposed Rule Change
                                              that SLPs—along with DMMs—have
                                              been important contributors to the                        For the Commission, by the Division of                  CME is proposing to announce via
                                              Exchange’s ability to set the NBBO.74                   Trading and Markets, pursuant to delegated             Advisory Notice the expansion of its
                                                                                                      authority.76                                           collateral program to include Australian
                                                 The Commission has reviewed the
                                                                                                      Robert W. Errett,                                      Government debt, Singapore
                                              data analysis provided by the Exchange
                                                                                                      Deputy Secretary.                                      Government debt, and Ontario and
                                              and believes that the Exchange has
                                                                                                      [FR Doc. 2015–19288 Filed 8–5–15; 8:45 am]             Quebec Provincial debt. More
                                              shown that the SLP Pilot, as part of the
                                                                                                                                                             specifically, CME is proposing to issue
                                              NMM Pilot, has produced sufficient                      BILLING CODE 8011–01–P
                                                                                                                                                             a CME Clearing Advisory Notice to
                                              execution quality to attract volume and                                                                        clearing member firms announcing an
                                              sufficient incentives to liquidity                                                                             expansion of its performance bond
                                              providers to supply this execution                                                                             collateral program for Base, IRS and
                                              quality. Accordingly, the Commission                                                                           CDS Guaranty Fund products to include
                                              finds that making the provisions                                                                               certain discount bills, notes and bonds
                                              governing SLPs set forth in NYSE Rule                                                                          issued by the Australian Government
                                              107B permanent is consistent with the                                                                          (‘‘AGBs’’), Singapore Government
                                              requirements of the Act.                                                                                       (‘‘SGBs’’), and the Canadian Provinces
                                                                                                                                                             of Ontario and Quebec (‘‘CPBs’’). The
                                                70 See  SLP Notice, supra note 11, 73 FR at 65905.                                                           text of the proposed rule change is
                                                71 See  id.
                                                 72 See Notice, supra note 3, 80 FR at 34725. The
                                                                                                                                                             below. Italicized text indicates
                                              Exchange represents that when it first launched the
                                                                                                                                                             additions; bracketed text indicates
tkelley on DSK3SPTVN1PROD with NOTICES




                                              SLP Pilot, only 497 symbols were covered by an                                                                 deletions.
                                              SLP and that, by the end of September 2014,                                                                    *     *      *    *     *
                                              ‘‘nearly every Exchange symbol, including
                                              operating companies, preferred stocks, warrants,
                                                                                                                                                               1 15 U.S.C. 78s(b)(1).
                                              rights and all other issue types, had at least once
                                              SLP quoting in it.’’ See id.                                                                                     2 17 CFR 240.19b–4.
                                                 73 See id.                                             75 15   U.S.C. 78s(b)(2).                              3 15 U.S.C. 78s(b)(3)(A).
                                                 74 See id. at 34724.                                   76 17   CFR 200.30–3(a)(12).                           4 17 CFR 240.19b–4(f)(4)(ii).




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                                                                                      Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices                                                           47015

                                              CME Group Advisory Notice                                              DATE: May 27, 2015.                                      CDS, and IRS performance bond
                                                                                                                     CME Clearing (CME) announces the                         requirements and are part of Category 4
                                                TO: Clearing Member, Firms Chief                                   addition of Australia and Singapore to                     assets for Base and IRS and Category 3
                                              Financial Officers, Back Office                                      our list of acceptable foreign sovereign                   assets for CDS. These additions to our
                                              Managers                                                             debt. CME also announces the addition                      acceptable collateral list will be
                                                FROM: CME Clearing.                                                of Canadian provincial debt from                           effective July 20, 2015, pending
                                                SUBJECT: Canadian provincial debt,                                 Ontario and Quebec. Australian and                         regulatory approval. Please see the
                                              Australian sovereign debt and Singapore                              Singapore sovereign debt, and Canadian                     applicable haircuts and limits below.
                                              sovereign debt.                                                      provincial debt are acceptable for Base,

                                                                                                                                                            Haircut schedule

                                                                                                                                                            Time to maturity
                                                                Asset class                                         Description                                                                               Notes
                                                                                                                                                                         >5 to ≤10
                                                                                                                                                 0 to ≤ 5 years            years

                                              Foreign Sovereign Debt .................                   Discount Bills from   the following                   5%    ........................   • Australian debt is capped at
                                                                                                           countries:                                                                             $250 million USDE per clearing
                                                                                                           • Australia                                                                            member.
                                                                                                           • Singapore
                                                                                                         Notes and Bonds       from the fol-                   6%                   7.5%        • Singapore debt is capped at
                                                                                                           lowing countries:                                                                      $100 million USDE per clearing
                                                                                                           • Australia                                                                            member.
                                                                                                           • Singapore
                                              Canadian Provincials ......................                Discount Bills from   the following                  25%    ........................   • Canadian Provincial debt is
                                                                                                           provinces:                                                                             capped at $100 million USDE
                                                                                                           • Ontario                                                                              per clearing member.
                                                                                                           • Quebec
                                                  ....................................................   Notes and Bonds       from the fol-                  25%    ........................   • Provincials that exceed 5 years
                                                                                                           lowing provinces:                                                                      time to maturity are not accept-
                                                                                                           • Ontario                                                                              able.
                                                                                                           • Quebec



                                                For questions regarding these new                                  Government debt, Singapore                                 foreign sovereign debt subject to
                                              collateral types, please contact the                                 Government debt, and Ontario and                           prudent limits will increase the
                                              Financial Unit at (312) 207–2594 or                                  Quebec Provincial debt. More                               likelihood that high quality financial
                                              Collateral Services at (312) 648–3775.                               specifically, CME is proposing to issue                    institutions from foreign jurisdictions
                                              *     *     *     *     *                                            a CME Clearing Advisory Notice to                          will consider clearing membership at
                                                                                                                   clearing member firms announcing an                        CME. Additional clearing members from
                                              II. Self-Regulatory Organization’s                                   expansion of its performance bond                          foreign jurisdictions will add an
                                              Statement of the Purpose of, and                                     collateral program for Base, IRS and                       increased element of geographic
                                              Statutory Basis for, the Proposed Rule                               CDS Guaranty Fund products to include                      diversification to CME’s membership
                                              Change                                                               certain discount bills, notes and bonds                    base and potentially mitigate the
                                                 In its filings with the Commission,                               issued by the Australian Government                        negative impact of systemic events
                                              CME included statements concerning                                   (‘‘AGBs’’), Singapore Government                           through reduced geographic
                                              the purpose and basis for the proposed                               (‘‘SGBs’’), and the Canadian Provinces                     concentration.
                                              rule change and discussed any                                        of Ontario and Quebec (‘‘CPBs’’).                             CME deemed AGBs with a time to
                                              comments it received on the proposed                                                                                            maturity of 10 years or less as eligible
                                                                                                                   AGBs                                                       collateral after reaching a favorable
                                              rule change. The text of these statements
                                              may be examined at the places specified                                CME continues to seek diversification                    determination regarding these
                                              in Item IV below. CME has prepared                                   of both its clearing member and                            instruments’ liquidity profile in a
                                              summaries, set forth in sections A, B,                               collateral bases where appropriate.                        stressed market environment. The AGBs
                                              and C below, of the most significant                                 Acceptance of AGBs will diversify                          will be category 4 assets for products
                                              aspects of such statements.                                          CME’s performance bond collateral base                     supported by the Base and IRS guaranty
                                                                                                                   and enable posting of high-quality assets                  funds and Category 3 assets for products
                                              A. Self-Regulatory Organization’s                                    widely held by participants in Australia,                  supported by the CDS guaranty fund.
                                              Statement of the Purpose of, and                                     where CME obtained local regulatory                        Assets in these categories are capped
                                              Statutory Basis for, the Proposed Rule                               authorization to offer direct clearing                     per clearing firm at a level established
                                              Change                                                               services. CME’s credit team evaluated                      to ensure such assets are convertible
                                                CME is registered as a derivatives                                 AGBs as eligible performance bond                          into cash on a same-day basis via pledge
                                              clearing organization with the                                       collateral pursuant to requests from                       to CME’s credit facility. To better ensure
                                              Commodity Futures Trading                                            market participants and recommended                        liquidity is available to CME in times of
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                                              Commission (‘‘CFTC’’) and operates a                                 their acceptance to CME’s clearing                         market stress, the AGBs are further
                                              substantial business clearing futures and                            house risk committee (‘‘CHRC’’). The                       subject to a sub-limit restricting clearing
                                              swaps contracts subject to the                                       decision to accept AGBs is reflective of                   firms from posting more than $250
                                              jurisdiction of the CFTC. CME is                                     the global nature of the IRS swaps                         million of AGBs at any one time.
                                              proposing to announce via Advisory                                   market as these instruments are likely to                     All clearing members will be eligible
                                              Notice the expansion of its collateral                               be held by, or accessible to, AUD IRS                      to post AGBs as performance bond but
                                              program to include Australian                                        participants. We believe high quality                      CME expects such collateral to originate


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                                              47016                        Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

                                              primarily if not exclusively from                          CME deemed SGBs with a time to                     evaluated CPBs as eligible performance
                                              Australian market participants in OTC                   maturity of 10 years or less as eligible              bond collateral pursuant to requests
                                              IRS markets due to their natural access                 collateral after reaching a favorable                 from market participants and
                                              to AGBs. Currently, CME has a limited                   determination regarding these                         recommended their acceptance to
                                              number of indirect Australian IRS                       instruments’ liquidity profile in a                   CME’s clearing house risk committee
                                              participants and no direct Australian                   stressed market environment. The SGBs                 (‘‘CHRC’’). The decision to accept CPBs
                                              IRS participants. As such, the per-                     will be category 4 assets for products                is reflective of the global nature of the
                                              clearing member cap on AGBs should                      supported by the Base and IRS guaranty                CME’s markets as these instruments are
                                              result in these instruments accounting                  funds and Category 3 assets for products              likely to be held by, or accessible to,
                                              for a de minimis portion of CME’s                       supported by the CDS guaranty fund.                   Canadian clearing members and market
                                              overall collateral holdings. As a                       Assets in these categories are capped                 participants. We believe high quality
                                              comparative example, CME accepts as                     per clearing firm at a level established              foreign sovereign debt subject to
                                              performance bond debt instruments                       to ensure such assets are convertible                 prudent limits will increase the
                                              issued by the Japanese government with                  into cash on a same-day basis via pledge              likelihood that high quality financial
                                              per-firm limits at four times than the                  to CME’s credit facility. To better ensure            institutions from foreign jurisdictions
                                              proposed limits for AGBs (i.e., up to $1B               liquidity is available to CME in times of             will consider clearing membership at
                                              per clearing member for JPY debt).                      market stress, the SGBs are further                   CME. Additional clearing members from
                                              Currently, only 0.5% of the overall limit               subject to a sub-limit restricting clearing           foreign jurisdictions will add an
                                              for JPY debt is being utilized. Initially,              firms from posting more than $100                     increased element of geographic
                                              we expect similarly de minimis                          million of SGBs at any one time.                      diversification to CME’s membership
                                              amounts of AGBs.                                           All clearing members will be eligible              base and potentially mitigate the
                                                 Acceptance of AGBs will not impact                   to post SGBs as performance bond but                  negative impact of systemic events
                                              the overall nature and level of risk                    CME expects such collateral to originate              through reduced geographic
                                              presented by CME as the level of margin                 primarily if not exclusively from                     concentration.
                                              collected will remain the same; only the                Singapore market participants due to                     CME deemed CPBs with a time to
                                              constitution of CME’s collateral                        their natural access to SGBs. Currently,              maturity of 5 years or less as eligible
                                              holdings may change. CME analysis                       CME has a limited number of indirect                  collateral after reaching a favorable
                                              indicates the AGBs satisfy each of the                  Singapore participants and no direct                  determination regarding these
                                              characteristics for high-quality liquid                 Singapore clearing members. As such,                  instruments’ liquidity profile in a
                                              assets the Bank for International                       the per-clearing member cap on SGBs                   stressed market environment. The CPBs
                                              Settlements (BIS) has created for                       should result in these instruments                    will be category 4 assets for products
                                              collateral evaluation, and thus exhibit                 accounting for a de minimis portion of                supported by the Base and IRS guaranty
                                              minimal credit, market and liquidity                    CME’s overall collateral holdings. As a               funds and Category 3 assets for products
                                              risk. The risk profile and haircut                      comparative example, CME accepts as                   supported by the CDS guaranty fund.
                                              schedule for AGBs are consistent with                   performance bond debt instruments                     Assets in these categories are capped
                                              those for similarly rated foreign-issued                issued by the Japanese government with                per clearing firm at a level established
                                              debt accepted by CME as performance                     per-firm limits at ten times than the                 to ensure such assets are convertible
                                              bond collateral.                                        proposed limits for SGBs (i.e., up to $1B             into cash on a same-day basis via pledge
                                                                                                      per clearing member for JPY debt).                    to CME’s credit facility. To better ensure
                                              SGBs
                                                                                                      Currently, only 0.5% of the overall limit             liquidity is available to CME in times of
                                                 Acceptance of SGBs will diversify                    for JPY debt is being utilized. Initially,            market stress, the CPBs are further
                                              CME’s performance bond collateral base                  we expect similarly de minimis                        subject to a sub-limit restricting clearing
                                              and enable posting of high-quality assets               amounts of SGBs.                                      firms from posting more than $100
                                              widely held by participants in                             Acceptance of SGBs will not impact                 million of CPBs at any one time.
                                              Singapore, where CME is seeking                         the overall nature and level of risk                     All clearing members will be eligible
                                              regulatory authorization to offer direct                presented by CME as the level of margin               to post CPBs as performance bond but
                                              clearing services. CME’s credit team                    collected will remain the same; only the              CME expects such collateral to originate
                                              evaluated SGBs as eligible performance                  constitution of CME’s collateral                      primarily if not exclusively from
                                              bond collateral pursuant to requests                    holdings may change. CME analysis                     Canadian market participants due to
                                              from market participants and                            indicates the SGBs satisfy each of the                their natural access to CPBs. The per-
                                              recommended their acceptance to                         characteristics for high-quality liquid               clearing member cap on CPBs should
                                              CME’s clearing house risk committee.                    assets the Bank for International                     result in these instruments accounting
                                              The decision to accept SGBs is reflective               Settlements (BIS) has created for                     for a de minimis portion of CME’s
                                              of the global nature of the CME’s                       collateral evaluation, and thus exhibit               overall collateral holdings. As a
                                              markets as these instruments are likely                 minimal credit, market and liquidity                  comparative example, CME accepts as
                                              to be held by, or accessible to,                        risk. The risk profile and haircut                    performance bond debt instruments
                                              Singaporean participants. We believe                    schedule for SGBs are consistent with                 issued by the Japanese government with
                                              high quality foreign sovereign debt                     those for similarly rated foreign-issued              per-firm limits at ten times than the
                                              subject to prudent limits will increase                 debt accepted by CME as performance                   proposed limits for CPBs (i.e., up to $1B
                                              the likelihood that high quality financial              bond collateral.                                      per clearing member for JPY debt).
                                              institutions from foreign jurisdictions                                                                       Currently, only 0.5% of the overall limit
                                              will consider clearing membership at                    CPBs                                                  for JPY debt is being utilized. Initially,
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                                              CME. Additional clearing members from                     Acceptance of CPBs will diversify                   we expect similarly de minimis
                                              foreign jurisdictions will add an                       CME’s performance bond collateral base                amounts of CPBs.
                                              increased element of geographic                         and enable posting of high-quality assets                Acceptance of CPBs will not impact
                                              diversification to its membership base                  widely held by participants in Ontario                the overall nature and level of risk
                                              and potentially mitigate the negative                   and Quebec, where CME has local                       presented by CME as the level of margin
                                              impact of systemic events through                       regulatory authorization to offer direct              collected will remain the same; only the
                                              reduced geographic concentration.                       clearing services. CME’s credit team                  constitution of CME’s collateral


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                                                                             Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices                                                          47017

                                              holdings may change. CME analysis                        minimal credit, market and liquidity                         debt accepted by CME as performance
                                              indicates the CPBs satisfy each of the                   risk. The risk profile and haircut                           bond collateral.
                                              characteristics for high-quality liquid                  schedule for CPBs are consistent with                        *     *    *     *   *
                                              assets the Bank for International                        those for similarly rated foreign-issued                       A summary of the changes described
                                              Settlements (BIS) has created for                                                                                     in the Advisory Notice is set forth in the
                                              collateral evaluation, and thus exhibit                                                                               following chart:

                                                                                                                                                  Haircut schedule

                                                                                                                                                  Time to maturity
                                                            Asset class                                Description                                                                                  Notes
                                                                                                                                                               >5 to ≤10
                                                                                                                                           0 to ≤5 years         years

                                              Foreign Sovereign Debt .................      Discount Bills from      the following                   5%    ........................   • Australian debt is capped at
                                                                                              countries:                                                                                $250 million USDE per clearing
                                                                                              • Australia                                                                               member
                                                                                              • Singapore
                                                                                            Notes and Bonds         from the fol-                    6%                   7.5%        • Singapore debt is capped at
                                                                                              lowing countries:                                                                         $100 million USDE per clearing
                                                                                              • Australia                                                                               member
                                                                                              • Singapore
                                              Canadian Provincials ......................   Discount Bills from      the following                  25%                               • Canadian Provincial debt is
                                                                                              provinces:                                                                                capped at $100 million USDE
                                                                                              • Ontario                                                                                 per clearing member
                                                                                              • Quebec
                                                                                            Notes and Bonds         from the fol-                   25%    ........................   • Provincials that exceed 5 years
                                                                                              lowing provinces:.                                                                        time to maturity are not accept-
                                                                                              • Ontario                                                                                 able
                                                                                              • Quebec



                                              *     *     *      *     *                               (‘‘AGBs’’), Singapore Government                             which renders the proposed change
                                                The proposed rule changes that are                     (‘‘SGBs’’), and the Canadian Provinces                       effective upon filing.
                                              described in this filing are limited to                  of Ontario and Quebec (‘‘CPBs’’).                               CME believes that the proposal does
                                              CME’s business as a derivatives clearing
                                                                                                       C. Self-Regulatory Organization’s                            not significantly affect any securities
                                              organization clearing products under
                                              the exclusive jurisdiction of the                        Statement on Comments on the                                 clearing operations of CME because
                                              Commodity Futures Trading                                Proposed Rule Change Received From                           CME recently filed a proposed rule
                                              Commission (‘‘CFTC’’). CME has not                       Members, Participants, or Others                             change that clarified that CME has
                                              cleared security based swaps and does                                                                                 decided not to clear security-based
                                                                                                         CME has not solicited, and does not                        swaps, except in a very limited set of
                                              not plan to and therefore the proposed                   intend to solicit, comments regarding
                                              rule changes do not impact CME’s                                                                                      circumstances.7 The rule filing
                                                                                                       this proposed rule change. CME has not                       reflecting CME’s decision not to clear
                                              security-based swap clearing business in
                                                                                                       received any unsolicited written                             security-based swaps removed any
                                              any way. The proposed changes would
                                                                                                       comments from interested parties.
                                              become effective immediately. CME                                                                                     ambiguity concerning CME’s ability or
                                              notes that it has also submitted the                     III. Date of Effectiveness of the                            intent to perform the functions of a
                                              proposed rule changes that are the                       Proposed Rule Change and Timing for                          clearing agency with respect to security-
                                              subject of this filing to its primary                    Commission Action                                            based swaps. Therefore, this proposal
                                              regulator, the CFTC, in CME Submission                                                                                will have no effect on any securities
                                              Numbers 15–228R, 15–229RR, and 15–                          The foregoing rule change has become                      clearing operations of CME.
                                              230R.                                                    effective upon filing pursuant to Section
                                                                                                       19(b)(3)(A) 5 of the Act and Rule 19b–                          At any time within 60 days of the
                                              B. Self-Regulatory Organization’s                        4(f)(4)(ii) 6 thereunder. CME has                            filing of the proposed rule change, the
                                              Statement on Burden on Competition                       designated that this proposal constitutes                    Commission summarily may
                                                 CME does not believe that the                         a change in an existing service of CME                       temporarily suspend such rule change if
                                              proposed rule change will have any                       that (a) primarily affects the clearing                      it appears to the Commission that such
                                              impact, or impose any burden, on                         operations of CME with respect to                            action is necessary or appropriate in the
                                              competition. The proposed changes                        products that are not securities,                            public interest, for the protection of
                                              involve expanding its collateral program                 including futures that are not security                      investors, or otherwise in furtherance of
                                              to include Australian Government debt,                   futures, and swaps that are not security-                    the purposes of the Act.
                                              Singapore Government debt, and                           based swaps or mixed swaps, and
                                              Ontario and Quebec Provincial debt.                      forwards that are not security forwards;                       7 See Securities Exchange Act Release No. 73615

                                              More specifically, CME is proposing to                   and (b) does not significantly affect any                    (Nov. 17, 2014), 79 FR 69545 (Nov. 21, 2014) (SR–
tkelley on DSK3SPTVN1PROD with NOTICES




                                              issue a CME Clearing Advisory Notice to                  securities clearing operations of CME or                     CME–2014–49). The only exception is with regards
                                              clearing member firms announcing an                      any rights or obligations of CME with                        to Restructuring European Single Name CDS
                                                                                                                                                                    Contracts created following the occurrence of a
                                              expansion of its performance bond                        respect to securities clearing or persons
                                                                                                                                                                    Restructuring Credit Event in respect of an iTraxx
                                              collateral program for Base, IRS and                     using such securities-clearing service,                      Component Transaction. The clearing of
                                              CDS Guaranty Fund products to include                                                                                 Restructuring European Single Name CDS Contracts
                                              certain discount bills, notes and bonds                    5 15   U.S.C. 78s(b)(3)(A).                                will be a necessary byproduct after such time that
                                              issued by the Australian Government                        6 17   CFR 240.19b–4(f)(4)(ii).                            CME begins clearing iTraxx Europe index CDS.



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                                              47018                        Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

                                              IV. Solicitation of Comments                              For the Commission, by the Division of                 and consists of periodic computer-based
                                                                                                      Trading and Markets, pursuant to delegated               training on regulatory, compliance,
                                                Interested persons are invited to                     authority.8                                              ethical, and supervisory subjects and
                                              submit written data, views and                          Robert W. Errett,                                        sales practice standards, which must be
                                              arguments concerning the foregoing,                     Deputy Secretary.                                        completed within prescribed
                                              including whether the proposed rule                     [FR Doc. 2015–19290 Filed 8–5–15; 8:45 am]               timeframes.5 There are four Regulatory
                                              change is consistent with the Act.                      BILLING CODE 8011–01–P                                   Element programs: (1) The S106 for
                                              Comments may be submitted by any of                                                                              Investment Company and Variable
                                              the following methods:                                                                                           Contracts Representatives; (2) the S201
                                                                                                      SECURITIES AND EXCHANGE                                  for registered principals and
                                              Electronic Comments                                     COMMISSION                                               supervisors; (3) the S901 for Operations
                                                • Use the Commission’s Internet                       [Release No. 34–75581; File No. SR–FINRA–                Professionals; and (4) the S101 for all
                                              comment form (http://www.sec.gov/                       2015–015]                                                other registration categories. Currently,
                                              rules/sro.shtml), or                                                                                             the Regulatory Element may be
                                                                                                      Self-Regulatory Organizations;                           administered in a test center or at a firm
                                                • Send an email to rule-comments@                     Financial Industry Regulatory                            that meets the requirements in Rule
                                              sec.gov. Please include File No. SR–                    Authority, Inc.; Order Approving a                       1250 for in-firm delivery of CE.6
                                              CME–2015–014 on the subject line.                       Proposed Rule Change To Provide a                           FINRA proposed to amend FINRA
                                                                                                      Web-Based Delivery Method for                            Rule 1250 to provide that the Regulatory
                                              Paper Comments
                                                                                                      Completing the Regulatory Element of                     Element program will be administered
                                                • Send paper comments in triplicate                   the Continuing Education                                 through Web-based delivery or such
                                              to Secretary, Securities and Exchange                   Requirements                                             other technological manner and format
                                              Commission, 100 F Street NE.,                                                                                    as specified by FINRA, and to eliminate
                                                                                                      July 31, 2015                                            the requirements for in-firm delivery of
                                              Washington, DC, 20549–1090.
                                                                                                      I. Introduction                                          the Regulatory Element.7 FINRA
                                              All submissions should refer to File                                                                             proposed to implement Web-based
                                              Number SR–CME–2015–014. This file                          On June 4, 2015, the Financial
                                                                                                                                                               delivery for the S106, S201, and S901
                                              number should be included on the                        Industry Regulatory Authority, Inc.
                                                                                                                                                               Regulatory Element programs on
                                              subject line if email is used. To help the              (‘‘FINRA’’) filed with the Securities and
                                                                                                                                                               October 1, 2015, and to implement Web-
                                                                                                      Exchange Commission (‘‘Commission’’),
                                              Commission process and review your                                                                               based delivery for the S101 Regulatory
                                                                                                      pursuant to Section 19(b)(1) of the
                                              comments more efficiently, please use                                                                            Element program on January 4, 2016.
                                                                                                      Securities Exchange Act of 1934                          FINRA also proposed to phase-out test-
                                              only one method. The Commission will
                                                                                                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a                center delivery by no later than six
                                              post all comments on the Commission’s
                                                                                                      proposed rule change to change the                       months after January 4, 2016.8
                                              Internet Web site (http://www.sec.gov/                  method of delivery for the Regulatory
                                              rules/sro.shtml). Copies of the                                                                                     In proposing these changes, FINRA
                                                                                                      Element of the Continuing Education                      noted that Web-based delivery will
                                              submission, all subsequent                              (‘‘CE’’) program. The proposed rule
                                              amendments, all written statements                                                                               provide registered persons the flexibility
                                                                                                      change was published for comment in                      to complete the Regulatory Element at a
                                              with respect to the proposed rule                       the Federal Register on June 17, 2015.3
                                              change that are filed with the                                                                                   location of their choosing and at any
                                                                                                      The Commission received four comment                     time during their 120-day window for
                                              Commission, and all written                             letters on the proposed rule change.4
                                              communications relating to the                                                                                   completion of the Regulatory Element,
                                                                                                      This order approves the proposed rule                    consistent with their firm’s
                                              proposed rule change between the                        change.                                                  requirements. In addition, there will be
                                              Commission and any person, other than
                                                                                                      II. Description of the Proposed Rule                     no three and a half hour time limitation,
                                              those that may be withheld from the
                                                                                                      Change                                                   as there is currently. FINRA also noted
                                              public in accordance with the
                                                                                                                                                               that the Web-based format will include
                                              provisions of 5 U.S.C. 552, will be                     A. Web-Based Delivery                                    safeguards to authenticate the identity
                                              available for Web site viewing and                                                                               of the CE candidate (e.g., by asking the
                                                                                                        As FINRA described in the Notice, the
                                              printing in the Commission’s Public                     CE requirements under FINRA Rule                         candidate to provide a portion of his
                                              Reference Room, 100 F Street, NE.,                      1250 consist of a Regulatory Element
                                              Washington, DC 20549, on official                       and a Firm Element. The Regulatory                          5 See Notice, supra note 3 at 34778 (describing

                                              business days between the hours of                      Element applies to registered persons                    the Regulatory Element in more detail, including
                                              10:00 a.m. and 3:00 p.m. Copies of such                                                                          the timeframes for completing the Regulatory
                                                                                                                                                               Element). Currently, candidates have three and a
                                              filing also will be available for                         8 17  CFR 200.30–3(a)(12).                             half hours to complete their CE session.
                                              inspection and copying at the principal                   1 15  U.S.C. 78s(b)(1).                                   6 See id. at n. 8 (describing in-firm delivery

                                              office of CME and on CME’s Web site at                     2 17 CFR 240.19b–4.                                   procedures).
                                              http://www.cmegroup.com/market-                            3 See Securities Exchange Act Release No. 75154          7 FINRA also proposed to delete Incorporated

                                              regulation/rule-filings.html.                           (June 11, 2015), 80 FR 34777 (‘‘Notice’’).               NYSE Rule 345A (Continuing Education for
                                                                                                         4 See letters from Kevin Zambrowicz, Associate        Registered Persons) and Incorporated NYSE Rule
                                                 All comments received will be posted                 General Counsel & Managing Director and Stephen          Interpretation 345A (Continuing Education for
                                              without change; the Commission does                     Vogt, Assistant Vice President & Assistant General       Registered Persons). According to FINRA, these
                                                                                                      Counsel, Securities Industry and Financial Markets       rules are substantially similar to FINRA Rule 1250.
                                              not edit personal identifying                           Association, dated July 7, 2015 (‘‘SIFMA Letter’’);         8 Under the proposal, firms will not be able to
                                              information from submissions. You                       Daniel Kosowsky, Chief Compliance Officer,               establish new in-firm delivery programs after
tkelley on DSK3SPTVN1PROD with NOTICES




                                              should submit only information that                     Morgan Stanley Smith Barney LLC and Rose-Anne            October 1, 2015. Firms that have pre-existing in-
                                              you wish to make available publicly.                    Richter, Chief Compliance Officer, Morgan Stanley        firm delivery programs that are established before
                                                                                                      & Co. LLC, dated July 8, 2015 (‘‘Morgan Stanley          October 1, 2015 will not be able to use that delivery
                                                 All submissions should refer to File                 Letter’’); David T. Bellaire, Executive Vice President   method for the S106, S201, and S901 Regulatory
                                              Number SR–CME–2015–014 and should                       & General Counsel, Financial Services Institute,         Element programs after October 1, 2015, and they
                                                                                                      dated July 8, 2015 (‘‘FSI Letter’’); and Michele Van     will not be able to use that delivery method for the
                                              be submitted on or before August 27,                    Tassel, President, Association of Registration           S101 Regulatory Element program after January 4,
                                              2015.                                                   Management, dated July 8, 2015 (‘‘ARM Letter’’).         2016.



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Document Created: 2018-02-23 10:55:57
Document Modified: 2018-02-23 10:55:57
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
DatesMay 27, 2015.
FR Citation80 FR 47014 

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