80_FR_52984 80 FR 52815 - Notice of Filing and Request for Comment on Chicago Mercantile Exchange Inc.'s Request To Withdraw From Registration as a Clearing Agency

80 FR 52815 - Notice of Filing and Request for Comment on Chicago Mercantile Exchange Inc.'s Request To Withdraw From Registration as a Clearing Agency

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 169 (September 1, 2015)

Page Range52815-52817
FR Document2015-21551

Federal Register, Volume 80 Issue 169 (Tuesday, September 1, 2015)
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52815-52817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21551]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75762; File No. 600-35]


Notice of Filing and Request for Comment on Chicago Mercantile 
Exchange Inc.'s Request To Withdraw From Registration as a Clearing 
Agency

August 26, 2015.

I. Introduction

    Pursuant to Section 19(a)(3) of the Securities Exchange Act of 1934 
(``Exchange Act''),\1\ on August 3, 2015, Chicago Mercantile Exchange 
Inc. (``CME'') filed with the Securities and Exchange Commission 
(``Commission'') a written request (the ``Written Request'') to 
withdraw from registration as a clearing agency under Section 17A

[[Page 52816]]

of the Exchange Act.\2\ The Commission is publishing this notice to 
solicit comments from interested persons concerning CME's request.
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    \1\ 15 U.S.C. 78s(a)(3).
    \2\ 15 U.S.C. 78q-1.
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II. Description

    The statements in this Item II concerning the background of CME's 
request for withdrawal from registration and its reasons for making the 
request have been submitted by CME in its Written Request. CME is 
registered as a derivatives clearing organization (``DCO'') with the 
Commodity Futures Trading Commission (``CFTC'') and offers clearing 
services for futures and swap products. Pursuant to Section 17A(l) of 
the Exchange Act,\3\ CME became deemed registered as a clearing agency 
solely for the purpose of clearing security-based swaps (``SBS''). To 
date, CME has never cleared SBS, has decided that it will not clear 
SBS, and has filed a rule change with the Commission (File Number SR-
CME-2014-49) reflecting CME's decision not to clear SBS.\4\
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    \3\ 15 U.S.C. 78q-1(l).
    \4\ 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 respect to a set of very limited circumstances 
where single-name CDS contracts are created following the occurrence 
of a restructuring credit event in respect of a reference entity 
that is a component of an iTraxx Europe index CDS contract (``iTraxx 
Contract''). According to the standard terms of the iTraxx Contract, 
upon the occurrence of a restructuring credit event with respect to 
a reference entity that is a component of an iTraxx Contract, such 
reference entity will be ``spun out'' and maintained as a separate 
single-name CDS contract (a ``Restructuring European Single Name CDS 
Contract'') until settlement. If neither of the counterparties 
elects to trigger settlement, the positions in the Restructuring 
European Single Name CDS Contract will be maintained at CME until 
maturity of the index or the occurrence of a subsequent credit event 
for the same reference entity. CME stated that the clearing of 
Restructuring European Single Name CDS Contracts would be a 
necessary byproduct of clearing iTraxx Contracts, which commenced on 
February 2, 2015. CME has filed a rule change that will not permit 
market participants to increase, close out, or otherwise affect the 
size of a position in a Restructuring European Single Name CDS 
Contract, unless such increase, close-out, or change in size of a 
position in a Restructuring European single Name CDS Contract is due 
to (i) the occurrence of a credit event (where the Restructuring 
European Single Name CDS Contract needs to be settled and ceases to 
exist), (ii) a default management process (where a member defaults 
on its obligation to CME and CME needs to hedge and auction off the 
member's portfolio in order to determine the loss amount, or to 
transfer the defaulting member's customer positions to another 
clearing member), (iii) close-out of a defaulting customer's 
positions, or (iv) withdrawal from clearing membership by an 
existing clearing member, all in accordance with the existing CME 
rules. According to such rule change, CME may impose an increase or 
decrease in the position of a Restructuring European Single Name CDS 
contract only through its default management process under 
applicable CME rules. See Securities Exchange Act Release No. 34-
74055 (Jan. 14, 2015), 80 FR 2991 (Jan. 21, 2014) (SR-CME-2015-001).
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A. Background

    CME. CME states in the Written Request that it is registered with 
the CFTC as a designated contract market. CME, which is also registered 
with the CFTC as a DCO, operates CME Clearing. CME Clearing is one of 
the world's leading central counterparty clearing providers and acts as 
the guarantor of every transaction that happens in CME's markets. CME 
Clearing offers clearing and settlement services for exchange-traded 
contracts as well as for over-the-counter derivatives transactions. CME 
Clearing also limits accumulation of losses or debt with twice daily 
mark-to-market settlement, and is responsible for settling trading 
accounts, clearing trades, collecting and maintaining performance bond 
funds, regulating delivery, and reporting trading data.
    Clearing Agency Exemption. On March 23, 2009, the Commission 
granted CME a temporary conditional exemption from the requirement to 
register as a clearing agency under Section 17A of the Exchange Act 
solely to perform the functions of a clearing agency for ``Cleared 
CDS.'' \5\
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 34-59578 (Mar. 13, 
2009), 74 FR 11781 (Mar. 19, 2009). The exemption was subsequently 
extended. See Securities Exchange Act Release No. 34-61164 (Dec. 14, 
2009), 74 FR 67258, (Dec. 18, 2009), Securities Exchange Act Release 
No. 34-61803 (Mar. 30, 2010), 75 FR 17181, (Apr. 5, 2010), and 
Securities Exchange Act Release No. 34-63388 (Nov. 29, 2010), 75 FR 
75522 (Dec. 3, 2010).
---------------------------------------------------------------------------

    Dodd-Frank Act. Section 763(b) of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act of 2010 (``Dodd-Frank Act'') \6\ added 
Section 17A(l) to the Exchange Act,\7\ which provides, in relevant 
part, that a DCO registered with the CFTC that is required to register 
under Section 17A is deemed to be registered under Section 17A solely 
for the purpose of clearing SBS to the extent that, before the date of 
enactment of Section 17A(l), the DCO cleared swaps pursuant to an 
exemption from registration as a clearing agency. Pursuant to Section 
17A(l), CME became a registered clearing agency solely for the purpose 
of clearing SBS.\8\
---------------------------------------------------------------------------

    \6\ The Dodd-Frank Wall Street Reform and Consumer Protection 
Act, Public Law 111-203, 124 Stat. 1376 (2010).
    \7\ 15 U.S.C. 78q-1(l).
    \8\ See Securities Exchange Act Release No. 69284 (Apr. 3, 
2013), 78 FR 21046, 21047, n. 20 (Apr. 9, 2013).
---------------------------------------------------------------------------

    CME states in the Written Request that although it originally 
anticipated that it would begin clearing SBS, it has not, in fact, 
cleared SBS since the effective date of the Dodd-Frank Act, and does 
not engage in any clearing agency activity for SBS or any other 
security. On November 17, 2014, CME filed a rule change with the 
Commission reflecting its decision not to clear SBS and remove any 
provisions in its rulebook applicable to SBS.\9\
---------------------------------------------------------------------------

    \9\ See supra note 4.
---------------------------------------------------------------------------

    As a registered clearing agency, CME is required to comply with the 
requirements of the Exchange Act and the rules and regulations 
thereunder applicable to registered clearing agencies. These 
requirements include the obligation to file proposed rule changes 
pursuant to Section 19(b) of the Exchange Act.\10\ CME, as a DCO, 
generally implements rule changes by self-certifying that the new rule 
complies with the Commodity Exchange Act and the CFTC's regulations. 
For purpose of the Commodity Exchange Act and regulations thereunder, 
this self-certification process allows new rules and rule amendments to 
become effective ten business days after the date on which the CFTC 
receives the certification. CME notes that, while some proposed rule 
changes may become effective upon filing pursuant to Section 
19(b)(3)(A) of the Exchange Act,\11\ and Rule 19b-4(f) thereunder,\12\ 
others are required to go through a notice-and-comment period, pursuant 
to Section 19(b)(2),\13\ before the Commission takes action on the 
proposed rule change. CME states that this process can significantly 
delay the date that the rule change becomes fully effective. CME claims 
that, despite the absence of SBS clearing activity by CME, these 
overlapping but divergent rule review processes have in fact resulted 
in significant difficulties for CME.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
    \13\ 15 U.S.C. 78s(b)(2).
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B. Withdrawal of CME Pursuant to Section 19(a)(3) of the Exchange Act

    Following the effectiveness of the proposed rule change (SR-CME-
2014-49) regarding CME's decision not to clear SBS, CME has been filing 
proposed rule changes pursuant to Section 19(b)(3)(A) of the Exchange 
Act \14\ and Rule 19b-4(f)(4)(ii) \15\ thereunder, rendering those 
changes immediately effective. Nonetheless, CME states in the Written 
Request that given the absence of any actual or potential securities 
clearing activity by CME, with the exception of the limited clearing 
activities CME may need to provide in connection with

[[Page 52817]]

Restructuring European Single Name CDS Contracts,\16\ CME believes that 
clearing agency registration is unwarranted and unnecessary. CME 
therefore submits its request for withdrawal of its clearing agency 
registration pursuant to Section 19(a)(3) of the Exchange Act \17\ and 
respectfully requests that the Commission grant CME's request.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(4)(ii).
    \16\ CME recognized that, as noted in SR-CME-2014-49, CME could 
be required to clear SBS in limited circumstances relating to its 
clearing services of certain iTraxx Europe index untranched CDS 
contracts. See supra note 4. CME has submitted a request to the 
Division of Trading and Markets for no-action relief to address the 
clearing of such SBS contracts.
    \17\ 15 U.S.C. 78s(a)(3).
---------------------------------------------------------------------------

    CME further states that if an affiliate of CME seeks to clear SBS 
or another securities product, such affiliate would do so after 
registering with the Commission pursuant to the process set forth in 
Commission Rule 17Ab2-1.\18\ CME represents in the Written Request that 
it will not seek to engage in securities clearing activity in reliance 
on any ``deemed registered'' status pursuant to Section 17A(l) of the 
Exchange Act.\19\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.17Ab2-1.
    \19\ 15 U.S.C. 78q-1(1).
---------------------------------------------------------------------------

    Additionally, CME states that because CME never conducted any 
clearing activity for SBS, it has no known or anticipated claims 
associated with its clearing agency registration. Furthermore, CME 
represents in the Written Request that it will maintain all documents, 
books, and records, including correspondence, memoranda, papers, 
notices, accounts and other records (collectively ``records'') made or 
received by it in connection with proposed rule changes filed with the 
Commission or in connection with its index CDS clearance and settlement 
services as required to be maintained under Rule 17a-1(a) and (b).\20\ 
In the Written Request, CME further represents that it will produce 
such records and furnish such information at the request of any 
representative of the Commission, and will maintain such records for a 
period of 5 years from the effective date of the withdrawal of CME's 
registration as a clearing agency.
---------------------------------------------------------------------------

    \20\ 17 CFR 240.17a-1(a) and (b).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the requested 
withdrawal is consistent with the Exchange 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/other.shtml), or
     Send an email to [email protected]. Please include 
File No. 600-35 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 600-35. 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/other.shtml). 
Comments are also 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.
    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 600-35 and should be 
submitted on or before September 22, 2015.

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21551 Filed 8-31-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices                                                 52815

                                                     100 F Street NE., Washington, DC                     Affairs, Office of Management and                     estimates that compliance staff work at
                                                     20549–2736.                                          Budget, Room 10102, New Executive                     subject entities results in an internal
                                                  Extension:                                              Office Building, Washington, DC 20503,                cost of compliance, at an estimated
                                                    Voluntary XBRL-Related Documents, SEC                 or by sending an email to: Shagufta_                  hourly wage of $283, of $141.50 per year
                                                      File No. 270–550, OMB Control No.                   Ahmed@omb.eop.gov; and (ii) Pamela                    per entity (.5 hours × $283 per hour =
                                                      3235–0611.                                          Dyson, Director/Chief Information                     $141.50 per year). Therefore, the
                                                     Notice is hereby given that, under the               Officer, Securities and Exchange                      aggregate annual internal cost of
                                                  Paperwork Reduction Act of 1995 (44                     Commission, c/o Remi Pavlik-Simon,                    compliance is approximately $1,415
                                                  U.S.C. 3501 et seq.) (‘‘Paperwork                       100 F Street NE., Washington, DC 20549                ($141.50 × 10= $1,415).
                                                                                                          or send an email to: PRA_Mailbox@                       This rule does not involve the
                                                  Reduction Act’’), the Securities and
                                                                                                          sec.gov. Comments must be submitted to                collection of confidential information.
                                                  Exchange Commission (the
                                                                                                          OMB within 30 days of this notice.                      An agency may not conduct or
                                                  ‘‘Commission’’) has submitted to the
                                                  Office of Management and Budget                           Dated: August 26, 2015.                             sponsor, and a person is not required to
                                                  (‘‘OMB’’) a request for extension of the                Robert W. Errett,                                     respond to, a collection of information
                                                  previously approved collection of                       Deputy Secretary.                                     under the PRA unless it displays a
                                                  information discussed below.                            [FR Doc. 2015–21556 Filed 8–31–15; 8:45 am]
                                                                                                                                                                currently valid OMB control number.
                                                     As part of our evaluation of the                                                                             The public may view background
                                                                                                          BILLING CODE 8011–01–P
                                                  potential of interactive data tagging                                                                         documentation for this information
                                                  technology, the Commission permits                                                                            collection at the following Web site:
                                                  registered investment companies                         SECURITIES AND EXCHANGE                               www.reginfo.gov. Comments should be
                                                  (‘‘funds’’) to submit on a voluntary basis              COMMISSION                                            directed to: (i) Desk Officer for the
                                                  specified financial statement and                                                                             Securities and Exchange Commission,
                                                                                                          [SEC File No. 270–28, OMB Control No.                 Office of Information and Regulatory
                                                  portfolio holdings disclosure tagged in                 3235–0032]
                                                  eXtensible Business Reporting Language                                                                        Affairs, Office of Management and
                                                  (‘‘XBRL’’) format as an exhibit to certain              Submission for OMB Review;                            Budget, Room 10102, New Executive
                                                  filings on the Commission’s Electronic                  Comment Request                                       Office Building, Washington, DC 20503,
                                                  Data Gathering, Analysis and Retrieval                                                                        or by sending an email to: Shagufta_
                                                  System (‘‘EDGAR’’). The current                         Upon Written Request, Copies Available                Ahmed@omb.eop.gov; and (ii) Pamela
                                                  voluntary program permits any fund to                    From: Securities and Exchange                        Dyson, Director/Chief Information
                                                  participate merely by submitting a                       Commission, Office of FOIA Services,                 Officer, Securities and Exchange
                                                  tagged exhibit in the required manner.                   100 F Street NE., Washington, DC                     Commission, c/o Remi Pavlik-Simon,
                                                  These exhibits are publicly available but                20549–2736.                                          100 F Street NE., Washington, DC
                                                  are considered furnished rather than                    Extension:                                            20549, or by sending an email to: PRA_
                                                  filed. The purpose of the collection of                   Rule 17f–1(b).                                      Mailbox@sec.gov. Comments must be
                                                  information is to help evaluate the                        Notice is hereby given that pursuant               submitted to OMB within 30 days of
                                                  usefulness of data tagging and XBRL to                  to the Paperwork Reduction Act of 1995                this notice.
                                                  registrants, investors, the Commission,                 (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the                 Dated: August 26, 2015.
                                                  and the marketplace.                                    Securities and Exchange Commission                    Robert W. Errett,
                                                     We estimate that no funds participate                (‘‘Commission’’) has submitted to the                 Deputy Secretary.
                                                  in the voluntary program each year.                     Office of Management and Budget                       [FR Doc. 2015–21550 Filed 8–31–15; 8:45 am]
                                                  This information collection, therefore,                 (‘‘OMB’’) a request for approval of                   BILLING CODE 8011–01–P
                                                  imposes no hour burden; however, we                     extension of the previously approved
                                                  are requesting a burden of one hour for                 collection of information provided for in
                                                  administrative purposes. We also                        Rule 17f–1(b) (17 CFR 240.17f–1(b))                   SECURITIES AND EXCHANGE
                                                  estimate that the information collection                under the Securities Exchange Act of                  COMMISSION
                                                  imposes no cost burden.                                 1934 (15 U.S.C. 78a et seq.) (‘‘Exchange
                                                     Estimates of the average burden hours                Act’’).                                               [Release No. 34–75762; File No. 600–35]
                                                  and costs are made solely for the                          Rule 17f–1(b) under the Exchange Act
                                                  purposes of the Paperwork Reduction                     requires approximately 15,517 entities                Notice of Filing and Request for
                                                  Act and are not derived from a                          in the securities industry to register in             Comment on Chicago Mercantile
                                                  comprehensive or even representative                    the Lost and Stolen Securities Program                Exchange Inc.’s Request To Withdraw
                                                  survey or study of the costs of                         (‘‘Program’’). Registration fulfills a                From Registration as a Clearing
                                                  Commission rules and forms.                             statutory requirement that entities                   Agency
                                                  Participation in the program is                         report and inquire about missing, lost,
                                                  voluntary. Submissions under the                        counterfeit, or stolen securities.                    August 26, 2015.
                                                  program will not be kept confidential.                  Registration also allows entities in the              I. Introduction
                                                  An agency may not conduct or sponsor,                   securities industry to gain access to a
                                                  and a person is not required to respond                 confidential database that stores                        Pursuant to Section 19(a)(3) of the
                                                  to, a collection of information unless it               information for the Program.                          Securities Exchange Act of 1934
                                                  displays a currently valid OMB control                     The Commission staff estimates that                (‘‘Exchange Act’’),1 on August 3, 2015,
                                                                                                                                                                Chicago Mercantile Exchange Inc.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  number.                                                 10 new entities will register in the
                                                     The public may view the background                   Program each year. The staff estimates                (‘‘CME’’) filed with the Securities and
                                                  documentation for this information                      that the average number of hours                      Exchange Commission (‘‘Commission’’)
                                                  collection at the following Web site,                   necessary to comply with Rule 17f–1(b)                a written request (the ‘‘Written
                                                  www.reginfo.gov. Comments should be                     is one-half hour. Accordingly, the staff              Request’’) to withdraw from registration
                                                  directed to: (i) Desk Officer for the                   estimates that the total annual burden                as a clearing agency under Section 17A
                                                  Securities and Exchange Commission,                     for all participants is 5 hours (10 × one-
                                                  Office of Information and Regulatory                    half hour). The Commission staff                        1 15   U.S.C. 78s(a)(3).



                                             VerDate Sep<11>2014   20:18 Aug 31, 2015   Jkt 235001   PO 00000   Frm 00083   Fmt 4703   Sfmt 4703   E:\FR\FM\01SEN1.SGM     01SEN1


                                                  52816                       Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices

                                                  of the Exchange Act.2 The Commission                    A. Background                                         agency activity for SBS or any other
                                                  is publishing this notice to solicit                       CME. CME states in the Written                     security. On November 17, 2014, CME
                                                  comments from interested persons                        Request that it is registered with the                filed a rule change with the Commission
                                                  concerning CME’s request.                               CFTC as a designated contract market.                 reflecting its decision not to clear SBS
                                                                                                          CME, which is also registered with the                and remove any provisions in its
                                                  II. Description
                                                                                                          CFTC as a DCO, operates CME Clearing.                 rulebook applicable to SBS.9
                                                     The statements in this Item II                       CME Clearing is one of the world’s                       As a registered clearing agency, CME
                                                  concerning the background of CME’s                      leading central counterparty clearing                 is required to comply with the
                                                  request for withdrawal from registration                providers and acts as the guarantor of                requirements of the Exchange Act and
                                                  and its reasons for making the request                  every transaction that happens in CME’s               the rules and regulations thereunder
                                                  have been submitted by CME in its                       markets. CME Clearing offers clearing                 applicable to registered clearing
                                                  Written Request. CME is registered as a                 and settlement services for exchange-                 agencies. These requirements include
                                                  derivatives clearing organization                       traded contracts as well as for over-the-             the obligation to file proposed rule
                                                  (‘‘DCO’’) with the Commodity Futures                    counter derivatives transactions. CME                 changes pursuant to Section 19(b) of the
                                                  Trading Commission (‘‘CFTC’’) and                       Clearing also limits accumulation of                  Exchange Act.10 CME, as a DCO,
                                                  offers clearing services for futures and                losses or debt with twice daily mark-to-              generally implements rule changes by
                                                  swap products. Pursuant to Section                      market settlement, and is responsible for             self-certifying that the new rule
                                                  17A(l) of the Exchange Act,3 CME                        settling trading accounts, clearing                   complies with the Commodity Exchange
                                                  became deemed registered as a clearing                  trades, collecting and maintaining                    Act and the CFTC’s regulations. For
                                                  agency solely for the purpose of clearing               performance bond funds, regulating                    purpose of the Commodity Exchange
                                                  security-based swaps (‘‘SBS’’). To date,                delivery, and reporting trading data.                 Act and regulations thereunder, this
                                                  CME has never cleared SBS, has                             Clearing Agency Exemption. On                      self-certification process allows new
                                                  decided that it will not clear SBS, and                 March 23, 2009, the Commission                        rules and rule amendments to become
                                                  has filed a rule change with the                        granted CME a temporary conditional                   effective ten business days after the date
                                                  Commission (File Number SR–CME–                         exemption from the requirement to                     on which the CFTC receives the
                                                  2014–49) reflecting CME’s decision not                  register as a clearing agency under                   certification. CME notes that, while
                                                  to clear SBS.4                                          Section 17A of the Exchange Act solely                some proposed rule changes may
                                                                                                          to perform the functions of a clearing                become effective upon filing pursuant to
                                                    2 15  U.S.C. 78q–1.                                   agency for ‘‘Cleared CDS.’’ 5                         Section 19(b)(3)(A) of the Exchange
                                                    3 15  U.S.C. 78q–1(l).                                   Dodd-Frank Act. Section 763(b) of the              Act,11 and Rule 19b–4(f) thereunder,12
                                                     4 See Securities Exchange Act Release No. 73615
                                                                                                          Dodd-Frank Wall Street Reform and                     others are required to go through a
                                                  (Nov. 17, 2014), 79 FR 69545 (Nov. 21, 2014) (SR–
                                                  CME–2014–49). The only exception is with respect        Consumer Protection Act of 2010                       notice-and-comment period, pursuant to
                                                  to a set of very limited circumstances where single-    (‘‘Dodd-Frank Act’’) 6 added Section                  Section 19(b)(2),13 before the
                                                  name CDS contracts are created following the            17A(l) to the Exchange Act,7 which                    Commission takes action on the
                                                  occurrence of a restructuring credit event in respect   provides, in relevant part, that a DCO
                                                  of a reference entity that is a component of an
                                                                                                                                                                proposed rule change. CME states that
                                                  iTraxx Europe index CDS contract (‘‘iTraxx
                                                                                                          registered with the CFTC that is                      this process can significantly delay the
                                                  Contract’’). According to the standard terms of the     required to register under Section 17A                date that the rule change becomes fully
                                                  iTraxx Contract, upon the occurrence of a               is deemed to be registered under Section              effective. CME claims that, despite the
                                                  restructuring credit event with respect to a            17A solely for the purpose of clearing
                                                  reference entity that is a component of an iTraxx
                                                                                                                                                                absence of SBS clearing activity by
                                                  Contract, such reference entity will be ‘‘spun out’’
                                                                                                          SBS to the extent that, before the date               CME, these overlapping but divergent
                                                  and maintained as a separate single-name CDS            of enactment of Section 17A(l), the DCO               rule review processes have in fact
                                                  contract (a ‘‘Restructuring European Single Name        cleared swaps pursuant to an exemption                resulted in significant difficulties for
                                                  CDS Contract’’) until settlement. If neither of the     from registration as a clearing agency.
                                                  counterparties elects to trigger settlement, the
                                                                                                                                                                CME.
                                                  positions in the Restructuring European Single
                                                                                                          Pursuant to Section 17A(l), CME became
                                                                                                          a registered clearing agency solely for               B. Withdrawal of CME Pursuant to
                                                  Name CDS Contract will be maintained at CME
                                                  until maturity of the index or the occurrence of a      the purpose of clearing SBS.8                         Section 19(a)(3) of the Exchange Act
                                                  subsequent credit event for the same reference             CME states in the Written Request                    Following the effectiveness of the
                                                  entity. CME stated that the clearing of Restructuring   that although it originally anticipated
                                                  European Single Name CDS Contracts would be a                                                                 proposed rule change (SR–CME–2014–
                                                  necessary byproduct of clearing iTraxx Contracts,
                                                                                                          that it would begin clearing SBS, it has              49) regarding CME’s decision not to
                                                  which commenced on February 2, 2015. CME has            not, in fact, cleared SBS since the                   clear SBS, CME has been filing
                                                  filed a rule change that will not permit market         effective date of the Dodd-Frank Act,                 proposed rule changes pursuant to
                                                  participants to increase, close out, or otherwise       and does not engage in any clearing
                                                  affect the size of a position in a Restructuring                                                              Section 19(b)(3)(A) of the Exchange
                                                  European Single Name CDS Contract, unless such                                                                Act 14 and Rule 19b–4(f)(4)(ii) 15
                                                  increase, close-out, or change in size of a position    See Securities Exchange Act Release No. 34–74055      thereunder, rendering those changes
                                                  in a Restructuring European single Name CDS             (Jan. 14, 2015), 80 FR 2991 (Jan. 21, 2014) (SR–
                                                                                                          CME–2015–001).                                        immediately effective. Nonetheless,
                                                  Contract is due to (i) the occurrence of a credit
                                                  event (where the Restructuring European Single
                                                                                                             5 Securities Exchange Act Release No. 34–59578     CME states in the Written Request that
                                                  Name CDS Contract needs to be settled and ceases        (Mar. 13, 2009), 74 FR 11781 (Mar. 19, 2009). The     given the absence of any actual or
                                                  to exist), (ii) a default management process (where     exemption was subsequently extended. See              potential securities clearing activity by
                                                  a member defaults on its obligation to CME and          Securities Exchange Act Release No. 34–61164
                                                                                                          (Dec. 14, 2009), 74 FR 67258, (Dec. 18, 2009),        CME, with the exception of the limited
                                                  CME needs to hedge and auction off the member’s
                                                  portfolio in order to determine the loss amount, or     Securities Exchange Act Release No. 34–61803          clearing activities CME may need to
                                                  to transfer the defaulting member’s customer            (Mar. 30, 2010), 75 FR 17181, (Apr. 5, 2010), and     provide in connection with
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                                                  positions to another clearing member), (iii) close-     Securities Exchange Act Release No. 34–63388
                                                  out of a defaulting customer’s positions, or (iv)       (Nov. 29, 2010), 75 FR 75522 (Dec. 3, 2010).            9 See
                                                                                                             6 The Dodd-Frank Wall Street Reform and
                                                                                                                                                                        supra note 4.
                                                  withdrawal from clearing membership by an                                                                       10 15 U.S.C. 78s(b).
                                                  existing clearing member, all in accordance with        Consumer Protection Act, Public Law 111–203, 124
                                                                                                                                                                  11 15 U.S.C. 78s(b)(3)(A).
                                                  the existing CME rules. According to such rule          Stat. 1376 (2010).
                                                                                                             7 15 U.S.C. 78q–1(l).                                12 17 CFR 240.19b–4(f).
                                                  change, CME may impose an increase or decrease
                                                                                                             8 See Securities Exchange Act Release No. 69284      13 15 U.S.C. 78s(b)(2).
                                                  in the position of a Restructuring European Single
                                                                                                                                                                  14 15 U.S.C. 78s(b)(3)(A).
                                                  Name CDS contract only through its default              (Apr. 3, 2013), 78 FR 21046, 21047, n. 20 (Apr. 9,
                                                  management process under applicable CME rules.          2013).                                                  15 17 CFR 240.19b–4(f)(4)(ii).




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                                                                              Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices                                                52817

                                                  Restructuring European Single Name                      Electronic Comments                                   summarized below. The Commission
                                                  CDS Contracts,16 CME believes that                        • Use the Commission’s Internet                     plans to submit this existing collection
                                                  clearing agency registration is                         comment form (http://www.sec.gov/                     of information to the Office of
                                                  unwarranted and unnecessary. CME                        rules/other.shtml), or                                Management and Budget for extension
                                                  therefore submits its request for                         • Send an email to rule-comments@                   and approval.
                                                  withdrawal of its clearing agency                       sec.gov. Please include File No. 600–35                  Form 18 (17 CFR 249.218) is a
                                                  registration pursuant to Section 19(a)(3)               on the subject line.                                  registration form used by a foreign
                                                  of the Exchange Act 17 and respectfully                                                                       government or political subdivision to
                                                  requests that the Commission grant                      Paper Comments                                        register securities for listing on a U.S.
                                                  CME’s request.                                             • Send paper comments in triplicate                exchange. The information collected is
                                                     CME further states that if an affiliate              to Secretary, Securities and Exchange                 intended to ensure that the information
                                                  of CME seeks to clear SBS or another                    Commission, 100 F Street NE.,                         required by the Commission to be filed
                                                  securities product, such affiliate would                Washington, DC, 20549–1090.                           permits verification of compliance with
                                                  do so after registering with the                        All submissions should refer to File                  securities law requirements and assures
                                                  Commission pursuant to the process set                  Number 600–35. This file number                       the public availability of the
                                                  forth in Commission Rule 17Ab2–1.18                     should be included on the subject line                information. Form 18 takes
                                                  CME represents in the Written Request                   if email is used. To help the                         approximately 8 hours per response and
                                                  that it will not seek to engage in                      Commission process and review your                    is filed by approximately 5 respondents
                                                  securities clearing activity in reliance on             comments more efficiently, please use                 for a total of 40 annual burden hours.
                                                  any ‘‘deemed registered’’ status                        only one method. The Commission will                     Written comments are invited on: (a)
                                                  pursuant to Section 17A(l) of the                       post all comments on the Commission’s                 whether this proposed collection of
                                                  Exchange Act.19                                         Internet Web site (http://www.sec.gov/                information is necessary for the proper
                                                     Additionally, CME states that because                rules/other.shtml). Comments are also                 performance of the functions of the
                                                  CME never conducted any clearing                        available for Web site viewing and                    agency, including whether the
                                                  activity for SBS, it has no known or                    printing in the Commission’s Public                   information will have practical utility;
                                                  anticipated claims associated with its                  Reference Room, 100 F Street NE.,                     (b) the accuracy of the agency’s estimate
                                                  clearing agency registration.                           Washington, DC 20549, on official                     of the burden imposed by the collection
                                                  Furthermore, CME represents in the                      business days between the hours of                    of information; (c) ways to enhance the
                                                  Written Request that it will maintain all               10:00 a.m. and 3:00 p.m.                              quality, utility, and clarity of the
                                                  documents, books, and records,                             All comments received will be posted               information collected; and (d) ways to
                                                  including correspondence, memoranda,                    without change; the Commission does                   minimize the burden of the collections
                                                  papers, notices, accounts and other                     not edit personal identifying                         of information on respondents,
                                                  records (collectively ‘‘records’’) made or              information from submissions. You                     including through the use of automated
                                                  received by it in connection with                       should submit only information that                   collection techniques or other forms of
                                                  proposed rule changes filed with the                    you wish to make available publicly.                  information technology. Consideration
                                                  Commission or in connection with its                       All submissions should refer to File               will be given to comments and
                                                  index CDS clearance and settlement                      Number 600–35 and should be                           suggestions submitted in writing within
                                                  services as required to be maintained                   submitted on or before September 22,                  60 days of this publication.
                                                  under Rule 17a–1(a) and (b).20 In the                   2015.
                                                  Written Request, CME further represents                                                                          Please direct your written comments
                                                                                                            By the Commission.                                  to Pamela Dyson, Director/Chief
                                                  that it will produce such records and
                                                  furnish such information at the request                 Robert W. Errett,                                     Information Officer, Securities and
                                                  of any representative of the                            Deputy Secretary.                                     Exchange Commission, c/o Remi Pavlik-
                                                  Commission, and will maintain such                      [FR Doc. 2015–21551 Filed 8–31–15; 8:45 am]           Simon, 100 F Street NE., Washington,
                                                  records for a period of 5 years from the                BILLING CODE 8011–01–P                                DC 20549 or send an email to: PRA_
                                                  effective date of the withdrawal of                                                                           Mailbox@sec.gov.
                                                  CME’s registration as a clearing agency.                                                                        Dated: August 26, 2015.
                                                                                                          SECURITIES AND EXCHANGE                               Robert W. Errett,
                                                  III. Solicitation of Comments                           COMMISSION                                            Deputy Secretary.
                                                    Interested persons are invited to                     [SEC File No. 270–105, OMB Control No.                [FR Doc. 2015–21553 Filed 8–31–15; 8:45 am]
                                                  submit written data, views and                          3235–0121]                                            BILLING CODE 8011–01–P
                                                  arguments concerning the foregoing,
                                                  including whether the requested                         Proposed Collection; Comment
                                                  withdrawal is consistent with the                       Request                                               SECURITIES AND EXCHANGE
                                                  Exchange Act. Comments may be                                                                                 COMMISSION
                                                  submitted by any of the following                       Upon Written Request Copies Available
                                                  methods:                                                 From: Securities and Exchange
                                                                                                           Commission, Office of FOIA Services,                 [Release No. 34–75763; File No. SR–Phlx–
                                                                                                           100 F Street NE., Washington, DC                     2015–72]
                                                    16 CME recognized that, as noted in SR–CME–

                                                  2014–49, CME could be required to clear SBS in           20549–2736.
                                                                                                                                                                Self-Regulatory Organizations;
                                                  limited circumstances relating to its clearing          Extension:                                            NASDAQ OMX PHLX LLC; Notice of
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                                                  services of certain iTraxx Europe index untranched
                                                  CDS contracts. See supra note 4. CME has
                                                                                                            Form 18.                                            Filing and Immediate Effectiveness of
                                                  submitted a request to the Division of Trading and         Notice is hereby given that, pursuant              Proposed Rule Change Regarding
                                                  Markets for no-action relief to address the clearing                                                          NASDAQ Last Sale Plus
                                                  of such SBS contracts.
                                                                                                          to the Paperwork Reduction Act of 1995
                                                    17 15 U.S.C. 78s(a)(3).                               (44 U.S.C. 3501 et seq.), the Securities
                                                                                                                                                                August 26, 2015.
                                                    18 17 CFR 240.17Ab2–1.                                and Exchange Commission
                                                    19 15 U.S.C. 78q–1(1).                                (‘‘Commission’’) is soliciting comments                 Pursuant to Section 19(b)(1) of the
                                                    20 17 CFR 240.17a–1(a) and (b).                       on the collection of information                      Securities Exchange Act of 1934


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Document Created: 2018-02-26 10:05:01
Document Modified: 2018-02-26 10:05:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 52815 

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