2014-07640. Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule Applicable to Its MXN OTC IRS Clearing Offering  

  • Start Preamble April 1, 2014.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act” or “Exchange Act”),[1] and Rule 19b-4 thereunder,[2] notice is hereby given that on March 24, 2014, Chicago Mercantile Exchange Inc. (“CME”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change described in Items I, II and III below, which Items have been prepared primarily by CME. CME filed the proposal pursuant to Section 19(b)(3)(A) of the Act,[3] and Rule 19b-4(f)(2) [4] thereunder so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    CME is proposing to amend the fee schedule that currently applies to its OTC Interest Rate Swap clearing offering by adopting a fee waiver program that applies to Mexican Peso (“MXN”) over-the-counter (“OTC”) interest rate swap (“IRS”) house accounts. The text of the proposed rule change is below. Italicized text indicates additions; no deletions are shown.

    * * * * *

    Mexican Peso (MXN) Over-the-Counter (OTC) Interest Rate Swaps (IRS) House Fee Waiver

    Program Purpose

    The purpose of the Program is to incentivize market participants to submit transactions in the MXN OTC IRS product listed below to the Clearing House for clearing, which will improve market liquidity. The resulting addition of liquidity benefits all participants in the market.

    Product Scope

    MXN OTC IRS cleared by the Clearing House (“Product”).

    Eligible Participants

    There is no limit to the number of participants that may participate in the Program. The fee incentive described below will be open to all market participants and will be automatically applied to all transaction fees for house accounts on MXN OTC IRS.

    Program Term

    Start date is April 1, 2014. End date is March 31, 2015.

    Hours

    The Program will be applicable regardless of the transaction time.

    Program Incentives

    Fee Waiver. All market participants that submit transactions in the Products to the Clearing House will have their transaction fees for house accounts waived.

    * * * * *

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

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

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

    CME is registered as a derivatives clearing organization with the Commodity Futures Trading Commission and currently offers clearing services for many different futures and swaps products. With this filing, CME proposes to make certain amendments related to the fees it applies to certain interest rate swaps cleared at CME. The proposed changes involve a fee waiver program that applies to house account clearing of MXN OTC IRS products. The changes are designed to incentivize market participants to submit additional transactions in MXN OTC IRS products to CME for clearing. There is no limit to the number of participants that may participate in the proposed fee waiver program; it will be open to all market participants and will be automatically applied to all transaction fees for house accounts on MXN OTC IRS.

    The changes that are described in this filing are limited to fee changes for OTC IRS products. Although the proposed changes would become effective on Start Printed Page 19146filing, CME plans to operationalize the fee waiver program on April 1, 2014. The terms of program are set to expire on March 31, 2015.

    The proposed fee changes are limited to CME's business as a derivatives clearing organization clearing products under the exclusive jurisdiction of the Commodity Futures Trading Commission (“CFTC”) and do not materially impact CME's security-based swap clearing business in any way. CME has also certified the proposed rule changes that are the subject of this filing to the Commodity Futures Trading Commission (“CFTC”) in CFTC Submission 14-082.

    CME believes the proposed rule changes are consistent with the requirements of the Exchange Act including Section 17A of the Exchange Act.[5] More specifically, the proposed rule changes establish or change a member due, fee or other charge imposed by CME under Section 19(b)(3)(A)(ii) [6] of the Securities Exchange Act of 1934 and Rule 19b-4(f)(2) [7] thereunder. CME believes that the proposed fee change is consistent with the requirements of the Securities Exchange Act of 1934 and the rules and regulations thereunder and, in particular, to 17A(b)(3)(D) [8] , because the proposed fee changes apply equally to all market participants clearing MXN OTC IRS in house accounts and therefore the proposed changes provide for the equitable allocation of reasonable dues, fees and other charges among participants. CME also notes that it operates in a highly competitive market in which market participants can readily direct business to competing venues. As such, the proposed changes are appropriately filed pursuant to Section 19(b)(3)(A) [9] of the Act and paragraph (f)(2) of Rule 19b-4 thereunder.

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

    CME does not believe that the proposed rule change will have any impact, or impose any burden, on competition. The proposed rule changes modify pricing for house account clearing of MXN OTC IRS products. These products are swaps under the exclusive jurisdiction of the CFTC, and, as such, these proposed changes do not affect the security-based swap clearing activities of CME in any way and therefore do not impose any burden on competition that is inappropriate in furtherance of the purposes of the Act.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    CME has not solicited, and does not intend to solicit, comments regarding this proposed rule change. CME has not received any unsolicited written comments from interested parties.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective upon filing pursuant to Section 19(b)(3)(A) [10] of the Act and paragraph (f)(2) of Rule 19b-4 thereunder.[11] 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.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC, 20549-1090.

    All submissions should refer to File Number SR-CME-2014-10. 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 or 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of CME and on CME's Web site at 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-2014-10 and should be submitted on or before April 28, 2014.

    Start Signature

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[12]

    Kevin M. O'Neill,

    Deputy Secretary.

    End Signature End Preamble

    Footnotes

    [FR Doc. 2014-07640 Filed 4-4-14; 8:45 am]

    BILLING CODE 8011-01-P

Document Information

Published:
04/07/2014
Department:
Securities and Exchange Commission
Entry Type:
Notice
Document Number:
2014-07640
Pages:
19145-19146 (2 pages)
Docket Numbers:
Release No. 34-71843, File No. SR-CME-2014-10
EOCitation:
of 2014-04-01
PDF File:
2014-07640.pdf