Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Delivery Procedures To Reflect the Clearing Relationship for ICE Futures Europe, 28680-28681 [2013-11407]
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Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69545; File No. SR–ICC–
2013–03]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Withdrawal
of Proposed Rule Change Relating to
Recovery and Resolution
Arrangements
May 9, 2013.
On March 7, 2013, ICE Clear Credit
LLC (‘‘ICC’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 1 and Rule 19b–4 thereunder,2 a
proposed rule change relating to
clearinghouse resolution and recovery
arrangements. Notice of the proposed
rule change was published in the
Federal Register on March 27, 2013.3
The Commission did not receive
comments on the proposed rule change.
On May 7, 2013, ICC withdrew the
proposed rule change (SR–ICC–2013–
03).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.4
Kevin M. O’Neill,
Deputy Secretary .
[FR Doc. 2013–11517 Filed 5–14–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69544; File No. SR–ICEEU–
2013–07]
Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend
Delivery Procedures To Reflect the
Clearing Relationship for ICE Futures
Europe
TKELLEY on DSK3SPTVN1PROD with NOTICES
May 9, 2013.
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 April 24,
2013, ICE Clear Europe Limited (‘‘ICE
Clear Europe’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Securities Exchange Act Release No. 69201
(Mar. 21, 2013), 78 FR 18646 (Mar. 27, 2013).
4 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
2 17
VerDate Mar<15>2010
17:16 May 14, 2013
Jkt 229001
prepared primarily by ICE Clear Europe.
ICE Clear Europe filed the proposal
pursuant to Section 19(b)(3)(A)(iii) 3 of
the Act, and Rule 19b–4(f)(4)(ii) 4
thereunder, so that the proposal was
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The principal purpose of the rule
amendments is to permit ICE Clear
Europe to act as the clearing
organization for certain futures and
options contracts listed on ICE Futures
Europe. The rule amendments consist of
various conforming and technical
changes to the Delivery Procedures to
reflect new futures contracts to be listed
on ICE Futures Europe. All capitalized
terms not defined herein are defined in
the ICE Clear Europe Delivery
Procedures.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, ICE
Clear Europe included statements
concerning the purpose of 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. ICE
Clear Europe has prepared summaries,
set forth in sections A, B, and C below,
of the most significant aspects of these
statements.5
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
ICE Clear Europe will act as the
clearing organization for certain futures
and options contracts listed on ICE
Futures Europe, a designated contract
market with the Commodity Futures
Trading Commission. The rule
amendments consist of various
conforming and technical changes to
existing ICE Clear Europe Delivery
Procedures to reflect the addition of
new futures products.
Specifically, Sections A, C, and D of
the ICE Clear Europe Delivery
Procedures has been updated to account
for new futures products, among other
revisions. Among other things, Section
A of the Delivery Procedures relating to
emissions contracts has been amended
to reflect changes to EU legislation, the
use of a single EU registry, and certain
new emissions contracts previously
launched by ICE Futures Europe. The
definition of the term ‘‘Delivery Month’’
in Section C has been revised to account
of each individual product.
ICE Clear Europe made the emissions
and auction changes effective on
December 5, 2012. The electricity and
natural gas contract changes were to be
made effective on April 29, 2013.
Section 17A(b)(3)(F) of the Act 6
requires, among other things, that the
rules of a clearing agency be designed to
promote the prompt and accurate
clearance and settlement of securities
transactions and, to the extent
applicable, derivative agreements,
contracts, and transactions. ICE Clear
Europe believes that the proposed rule
changes are consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
ICE Clear Europe, in particular, with
Section 17A(b)(3)(F).7
B. Self-Regulatory Organization’s
Statement on Burden on Competition
ICE Clear Europe does not believe the
proposed change would 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
Written comments relating to the
proposed change were solicited, but no
comments were received. ICE Clear
Europe will notify the Commission of
any written comments received by ICE
Clear Europe.
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)(iii) 8 of the Act and Rule
19b–4(f)(4)(ii) 9 thereunder because it
effects a change in an existing service of
a registered clearing agency that
primarily affects the futures clearing
operations of the clearing agency with
respect to futures that are not security
futures and does not significantly affect
any securities clearing operations of the
clearing agency or any related rights or
obligations of the clearing agency or
3 15
6 15
4 17
7 Id.
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(4)(ii).
5 The Commission has modified the text of the
summaries prepared by ICE Clear Europe.
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
8 15
9 17
U.S.C. 78q–1(b)(3)(F).
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(4)(ii).
E:\FR\FM\15MYN1.SGM
15MYN1
Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Notices
persons using such service. 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.10
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:
regulatory_filings/
ICEU_SEC_042413.pdf.
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–ICEEU–2013–07 and
should be submitted on or before June
5, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary .
[FR Doc. 2013–11407 Filed 5–14–13; 8:45 am]
TKELLEY on DSK3SPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml ) or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–ICEEU–2013–07 on the
subject line.
BILLING CODE 8011–01–P
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–ICEEU–2013–07. 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 (https://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
filings also will be available for
inspection and copying at the principal
office of ICE Clear Europe and on ICE
Clear Europe’s Web site at https://
www.theice.com/publicdocs/
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Various Sections of the Exchange’s
Pricing Schedule
10 15
U.S.C. 78s(b)(3)(C).
VerDate Mar<15>2010
17:16 May 14, 2013
Jkt 229001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69548; File No. SR–Phlx–
2013–49]
May 9, 2013.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that on May 1,
2013, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III, below, which Items have been
prepared 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 proposes to amend the
Exchange’s Pricing Schedule with
respect to the Customer 3 Rebate
Program in Section B, certain pricing in
Section II entitled ‘‘Multiply Listed
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 The term ‘‘Customer’’ applies to any transaction
that is identified by a member or member
organization for clearing in the Customer range at
The Options Clearing Corporation (‘‘OCC’’) which
is not for the account of broker or dealer or for the
account of a ‘‘Professional’’ (as that term is defined
in Rule 1000(b)(14)).
1 15
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
28681
Options Fees,’’ 4 including Qualified
Contingent Cross (‘‘QCC’’) Rebates,5 and
Section IV, entitled ‘‘Other Transaction
Fees,’’ PIXL 6 Pricing and FLEX
Options 7 pricing. The Exchange also
proposes to eliminate references to RUT
and clarify the treatment of certain
strategies.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxphlx.cchwallstreet.com/, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of 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. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
4 The pricing in Section II includes options
overlying equities, ETFs, ETNs and indexes which
are Multiply Listed.
5 A QCC Order is comprised of an order to buy
or sell at least 1000 contracts that is identified as
being part of a qualified contingent trade, as that
term is defined in Rule 1080(o)(3), coupled with a
contra-side order to buy or sell an equal number of
contracts. The QCC Order must be executed at a
price at or between the National Best Bid and Offer
and be rejected if a Customer order is resting on the
Exchange book at the same price. A QCC Order
shall only be submitted electronically from off the
floor to the PHLX XL II System. See Rule 1080(o).
See also Securities Exchange Act Release No. 64249
(April 7, 2011), 76 FR 20773 (April 13, 2011) (SR–
Phlx–2011–47) (a rule change to establish a QCC
Order to facilitate the execution of stock/option
Qualified Contingent Trades (‘‘QCTs’’) that satisfy
the requirements of the trade through exemption in
connection with Rule 611(d) of the Regulation
NMS). A Floor QCC Order must: (i) Be for at least
1,000 contracts, (ii) meet the six requirements of
Rule 1080(o)(3) which are modeled on the QCT
Exemption, (iii) be executed at a price at or between
the National Best Bid and Offer (‘‘NBBO’’); and (iv)
be rejected if a Customer order is resting on the
Exchange book at the same price. In order to satisfy
the 1,000-contract requirement, a Floor QCC Order
must be for 1,000 contracts and could not be, for
example, two 500-contract orders or two 500contract legs. See Rule 1064(e). See also Securities
Exchange Act Release No. 64688 (June 16, 2011), 76
FR 36606 (June 22, 2011) (SR–Phlx–2011–56).
6 PIXL is the Exchange’s price improvement
mechanism known as Price Improvement XL or
(PIXLSM). See Rule 1080(n).
7 The term ‘‘FLEX option’’ means a FLEX option
contract that is traded subject to this Rule. Although
FLEX options are generally subject to the rules in
this section, to the extent that the provisions of this
Rule are inconsistent with other applicable
Exchange rules, this Rule takes precedence with
respect to FLEX options. See Exchange Rule 1079.
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Notices]
[Pages 28680-28681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11407]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69544; File No. SR-ICEEU-2013-07]
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Delivery Procedures To Reflect the Clearing Relationship for ICE
Futures Europe
May 9, 2013.
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 April 24, 2013, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared primarily by ICE Clear Europe. ICE Clear
Europe filed the proposal pursuant to Section 19(b)(3)(A)(iii) \3\ of
the Act, and Rule 19b-4(f)(4)(ii) \4\ thereunder, so that the proposal
was effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\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
The principal purpose of the rule amendments is to permit ICE Clear
Europe to act as the clearing organization for certain futures and
options contracts listed on ICE Futures Europe. The rule amendments
consist of various conforming and technical changes to the Delivery
Procedures to reflect new futures contracts to be listed on ICE Futures
Europe. All capitalized terms not defined herein are defined in the ICE
Clear Europe Delivery Procedures.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, ICE Clear Europe included
statements concerning the purpose of 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. ICE Clear Europe has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of these statements.\5\
---------------------------------------------------------------------------
\5\ The Commission has modified the text of the summaries
prepared by ICE Clear Europe.
---------------------------------------------------------------------------
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
ICE Clear Europe will act as the clearing organization for certain
futures and options contracts listed on ICE Futures Europe, a
designated contract market with the Commodity Futures Trading
Commission. The rule amendments consist of various conforming and
technical changes to existing ICE Clear Europe Delivery Procedures to
reflect the addition of new futures products.
Specifically, Sections A, C, and D of the ICE Clear Europe Delivery
Procedures has been updated to account for new futures products, among
other revisions. Among other things, Section A of the Delivery
Procedures relating to emissions contracts has been amended to reflect
changes to EU legislation, the use of a single EU registry, and certain
new emissions contracts previously launched by ICE Futures Europe. The
definition of the term ``Delivery Month'' in Section C has been revised
to account of each individual product.
ICE Clear Europe made the emissions and auction changes effective
on December 5, 2012. The electricity and natural gas contract changes
were to be made effective on April 29, 2013.
Section 17A(b)(3)(F) of the Act \6\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions. ICE Clear Europe believes that the proposed rule changes
are consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICE Clear Europe, in particular,
with Section 17A(b)(3)(F).\7\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78q-1(b)(3)(F).
\7\ Id.
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
ICE Clear Europe does not believe the proposed change would 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
Written comments relating to the proposed change were solicited,
but no comments were received. ICE Clear Europe will notify the
Commission of any written comments received by ICE Clear Europe.
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)(iii) \8\ of the Act and Rule 19b-4(f)(4)(ii) \9\
thereunder because it effects a change in an existing service of a
registered clearing agency that primarily affects the futures clearing
operations of the clearing agency with respect to futures that are not
security futures and does not significantly affect any securities
clearing operations of the clearing agency or any related rights or
obligations of the clearing agency or
[[Page 28681]]
persons using such service. 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.\10\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A)(iii).
\9\ 17 CFR 240.19b-4(f)(4)(ii).
\10\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
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 (https://www.sec.gov/rules/sro.shtml ) or
Send an email to rule-comments@sec.gov. Please include
File Number SR-ICEEU-2013-07 on the subject line.
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-ICEEU-2013-07. 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 (https://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 filings also will be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's Web site at https://www.theice.com/publicdocs/regulatory_filings/ICEU_SEC_042413.pdf.
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-ICEEU-2013-07
and should be submitted on or before June 5, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary .
[FR Doc. 2013-11407 Filed 5-14-13; 8:45 am]
BILLING CODE 8011-01-P