Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Notices 19393 

12 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The Commission has modified the text of the 

summaries prepared by CME. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–EDGA–2012–11. 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 a.m. and 3 p.m. Copies of the filing 

also will be available for inspection and 

copying at the principal office of the 

Exchange. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–EDGA– 

2012–11 and should be submitted on or 

before April 20, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–7631 Filed 3–29–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66659; File No. SR–CME– 

2012–08] 

Self-Regulatory Organizations; 

Chicago Mercantile Exchange, Inc.; 

Notice of Filing and Order Granting 

Accelerated Approval of Proposed 

Rule Change To Comply With 

Revisions to the Commodity Futures 

Trading Commission’s Part 190 

Regulations 

March 26, 2012. 

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 March 12, 

2012, the Chicago Mercantile Exchange 

Inc. (‘‘CME’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change described in Items I and II 

below, which items have been prepared 

primarily by CME. The Commission is 

publishing this Notice and Order to 

solicit comments on the proposed rule 

change from interested persons and to 

approve the proposed rule change on an 

accelerated basis. 

I. Self-Regulatory Organization’s 

Statement of Terms of Substance of the 

Proposed Rule Change 

CME proposes to amend certain of its 

rules to comply with pending revisions 

to the Commodity Futures Trading 

Commission’s (‘‘CFTC’’) Part 190 

Regulations. 

II. Self-Regulatory Organization’s 

Statement of 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 III below. CME has prepared 

summaries, set forth in sections A, B, 

and C below, of the most significant 

aspects of such statements.3

A. Self-Regulatory Organization’s 

Statement of Purpose of, and Statutory 

Basis for, the Proposed Rule Change 

CME is registered as a derivatives 

clearing organization (‘‘DCO’’) with the 

CFTC and operates a substantial 

business clearing futures and swaps 

contracts subject to the jurisdiction of 

the CFTC. CME is also registered as a 

clearing agency with the Commission. 

CME proposes to amend certain of its 

rules to comply with pending 

amendments to the CFTC’s Part 190 

Bankruptcy Regulations that will 

become effective on April 9, 2012. 

The Part 190 amendments were made 

in connection with the CFTC’s final 

rules for customer swaps segregation. 

Those revisions include creating a 

‘‘cleared swap’’ customer account class 

for purposes of futures commission 

merchant and DCO bankruptcies and 

replacing the defined term ‘‘cleared 

OTC derivatives,’’ which is incorporated 

by reference into several CME rules, 

with the new defined term ‘‘cleared 

swaps.’’ In order to reflect the removal 

of the defined term ‘‘cleared OTC 

derivatives’’ from Part 190, CME will 

amend CME Rules 930.N, 8F100, and 

8F122 and CME definitions of ‘‘Cleared 

OTC Derivatives Customers’’ and 

‘‘Funds of Cleared OTC Derivatives 

Customers.’’ The amendments comport 

with CFTC DCO Core Principle C 

(Participant and Product Eligibility) and 

Core Principle F (Treatment of Funds). 

The text of the CME’s proposed rule 

amendments was attached as Exhibit 5 

to this proposed rule change filing, 

which filing can be viewed at the CME 

Web site at http://www.cmegroup.com/

market-regulation/files/SEC_19b-4_x12–

08x.pdf. CME also made a filing, CME 

Submission 12–066, with its primary 

regulator, the CFTC, with respect to this 

proposed rule change. 

CME believes the proposed changes 

are consistent with the requirements of 

the Act and the rules and regulations 

issued thereunder. CME, a DCO, is 

required to implement the proposed 

changes to comply with recent changes 

to CFTC regulations. CME notes that the 

policies of the Commodity Exchange 

Act with respect to clearing are 

comparable to a number of the policies 

underlying the Act, such as promoting 

market transparency for derivatives 

markets, promoting the prompt and 

accurate clearance and settlement of 

transactions, and protecting investors 

and the public interest. 

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. 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

19394 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Notices 

4 15 U.S.C. 78s(b). 

5 15 U.S.C. 78q–1. In approving this proposed 

rule change, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

6 15 U.S.C. 78q–1(b)(3)(F). 

7 15 U.S.C. 78s(b)(2). 

8 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 65563 

(October 14, 2011), 76 FR 65272 (October 20, 2011) 

(SR–NYSEAmex–2011–78). 

5See Securities Exchange Act Release No. 66171 

(January 17, 2012), 77 FR 3297 (January 23, 2012) 

(File Nos. SR–EDGA–2011–34; SR–EDGX–2011–33; 

SR–ISE–2011–69; SR–NYSE–2011–51; SR–NYSE

Amex–2011–78; SR–NYSEArca–2011–72). 

this proposed rule change. CME has not 

received any unsolicited written 

comments from interested parties. 

III. 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 may be 

submitted by using 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–2012– 

08 on the subject line. 

• Paper comments should be sent in 

triplicate to Elizabeth M. Murphy, 

Secretary, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC, 20549–1090. 

All submissions should refer to File 

Number SR–CME–2012–08. 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 

a.m. and 3 p.m. Copies of such filing 

also will be available for inspection and 

copying at the principal office of CME. 

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–2012–08 and should 

be submitted on or before April 20, 

2012. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of 

Proposed Rule Change 

In its filing, CME requested that the 

Commission approve this request on an 

accelerated basis for good cause shown. 

CME believes there is good cause to 

approve this filing on an accelerated 

basis because the proposed changes are 

required to comply with new CFTC 

regulations that will become effective on 

April 9, 2012. 

Section 19(b) of the Act 4 directs the 

Commission to approve a proposed rule 

change of a self-regulatory organization 

if it finds that such proposed rule 

change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

such organization. The Commission 

finds that the proposed rule changes are 

consistent with the requirements of the 

Act, in particular the requirements of 

Section 17A of the Act,5 and the rules 

and regulations thereunder applicable to 

CME. Specifically, the Commission 

finds that the proposed rule change is 

consistent with Section 17A(b)(3)(F) of 

the Act which requires, among other 

things, that the rules of a clearing 

agency be designed to assure the 

safeguarding of securities and funds 

which are in the custody and control of 

the clearing agency because it will allow 

CME to comply with the Part 190 

amendments made in connection with 

the CFTC’s final rules for customer 

swaps segregation.6

The Commission finds good cause, 

pursuant to Section 19(b)(2) of the Act,7

for approving the proposed rule change 

prior to the 30th day after the date of 

publication of notice in the Federal 

Register because the proposed rule 

change institutes the regulations of 

another regulatory agency, and those 

regulations were subject to notice and 

comment. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (SR–CME–2012– 

08) is approved on an accelerated basis. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Kevin O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–7707 Filed 3–29–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66663; File No. SR– 

NYSEAmex–2012–19] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Clarifying That Rule 

Change in Connection With Proposed 

Combination Between NYSE Euronext 

and Deutsche Bo ̈rse AG Will Not 

Become Effective 

March 26, 2012. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’ or ‘‘Act’’),2 and Rule 

19b–4 thereunder,3 notice is hereby 

given that on March 16, 2012, NYSE 

Amex LLC (the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change (the ‘‘Proposed 

Rule Change’’) as described in Items I 

and II below, which Items have been 

prepared by the Exchange. The 

Commission is publishing this notice to 

solicit comments on the Proposed Rule 

Change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange previously submitted a 

proposed rule change4 (the ‘‘Holdco 

Proposal’’) in connection with the 

proposed business combination (the 

‘‘Combination’’) of NYSE Euronext, a 

Delaware corporation, and Deutsche 

Bo ̈rse AG, an Aktiengesellschaft 

organized under the laws of the Federal 

Republic of Germany (‘‘Deutsche 

Bo ̈rse’’). The Holdco Proposal was 

conditionally approved by the 

Commission.5 The Exchange is 

submitting this Proposed Rule Change 

in order to clarify that the Holdco 

Proposal will not become effective. The 

text of the Proposed Rule Change is 

available at the Exchange, 

www.nyse.com, and the Commission’s 

Public Reference Room. 

mstockstill on DSK4VPTVN1PROD with NOTICES