Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to ICE Clear Europe Delivery Procedures, 56840-56842 [2014-22541]
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56840
Federal Register / Vol. 79, No. 184 / Tuesday, September 23, 2014 / Notices
incentive to market participants to add
liquidity to the Exchange in securities
listed on NYSE or exchanges other than
Nasdaq or NYSE, while maintaining the
current charge applied to Nasdaq-listed
securities, which is reflective of the
robust liquidity in Nasdaq-listed
securities currently on the market.
Because there are numerous competitive
alternatives to PSX, it is possible that
the changes will not have the desired
effect and, although the Exchange
believes unlikely in the current
proposal, the Exchange could lose
market share as a result of the changes
to the extent that they are unattractive
to market participants. Accordingly, the
Exchange does not believe the proposed
changes will impair the ability of
members or competing order execution
venues to maintain their competitive
standing in the financial markets.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A)(ii) of
the Act,8 the Exchange has designated
this proposal as establishing or changing
a due, fee, or other charge imposed by
the self-regulatory organization on any
person, whether or not the person is a
member of the self-regulatory
organization, which renders the
proposed rule change effective upon
filing.
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
mstockstill on DSK4VPTVN1PROD with NOTICES
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:
8 15
U.S.C. 78s(b)(3)(A)(ii).
VerDate Sep<11>2014
17:55 Sep 22, 2014
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–Phlx–2014–60 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–Phlx–2014–60. 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 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–Phlx–
2014–60 and should be submitted on or
before October 14, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
[Release No. 34–73128; File No. SR–ICEEU–
2014–14]
Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to ICE
Clear Europe Delivery Procedures
September 17, 2014.
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
September 2, 2014, ICE Clear Europe
Limited (‘‘ICE Clear Europe’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared primarily by ICE Clear
Europe. ICE Clear Europe filed the
proposal pursuant to Section
19(b)(3)(A)(iii) of the Act 3 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. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the change
is to modify certain aspects of the ICE
Clear Europe Delivery Procedures in
connection with the settlement of
certain European energy futures
contracts that are currently cleared by
ICE Clear Europe, namely: ICE UK Base
Electricity Futures Contract, ICE UK
Peak Electricity Futures Contract, ICE
UK Natural Gas Futures, ICE Endex TTF
Natural Gas Base Load Futures, ICE
Endex TTF Natural Gas WDNW Futures,
ICE Endex German Gaspool Natural Gas
Futures, ICE Endex German NCG
Natural Gas Futures, ICE Endex Dutch
Power Base Load Futures, ICE Endex
Dutch Power Base Load Week Futures,
ICE Endex Dutch Power Peak Load (7–
23) Futures, ICE Endex Dutch Power
Peak Load (8–20) Futures, ICE Endex
Belgian Power Base Load Futures and
ICE Endex German Power Futures (the
‘‘Relevant Futures Contracts’’).
[FR Doc. 2014–22540 Filed 9–22–14; 8:45 am]
BILLING CODE 8011–01–P
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(4)(ii).
2 17
9 17
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Federal Register / Vol. 79, No. 184 / Tuesday, September 23, 2014 / Notices
II. Clearing Agency’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
such statements.
mstockstill on DSK4VPTVN1PROD with NOTICES
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
(1) Purpose
The purpose of the rule amendments
is to modify certain aspects of the ICE
Clear Europe Delivery Procedures in
connection with the settlement of the
Relevant Futures Contracts. As set forth
below, substantially the same changes
are made for each Relevant Futures
Contract. The changes are made in each
of Parts C through J of the Delivery
Procedures, which are the subchapters
relating to the Relevant Futures
Contracts. ICE Clear Europe does not
otherwise propose to amend its clearing
rules or procedures in connection with
the Relevant Futures Contracts.
The amendments are generally
designed to provide for daily settlement
of payments owed with respect to
deliveries made, and to make related
changes in the invoicing process. The
settlement timetable in section 5 of each
relevant Part has been revised so that
payment takes place by 9:00 a.m.
London time (or 10:00 a.m. Central
European Time, as applicable) on the
business day following the Delivery Day
(‘‘D+1’’) for deliveries made on that
Delivery Day (instead of the 19th
business day for the natural gas
contracts and the 10th business day for
the power contracts following the end of
the month of delivery, as under the
existing Delivery Procedures). Thus,
Buyers make contract payment via their
nominated accounts, and Sellers receive
payment, in respect of deliveries for the
preceding Delivery Day. In addition, as
modified, on D+1 Seller’s Security for
the actual delivered amount is released
and ICE Clear Europe releases the
‘Buyer’s Default Top-up’ portion of the
Buyer’s Security on confirmed
deliveries. Procedures for dealing with
failed deliveries are not changed.
In each relevant Part, the amendments
adopt a new definition of ‘‘Invoice
Period,’’ which is defined as the period
beginning at the start of the day on
VerDate Sep<11>2014
17:55 Sep 22, 2014
Jkt 232001
which the last invoice was issued, up to
the end of the day prior to the date of
the current invoice and includes all
payments made from the Buyer to the
Seller in respect of completed
deliveries. The relevant Parts have also
been modified to provide that the
Invoice and Account Sale Report, which
gives details of all deliveries made
during the Invoice Period, will available
made by 9:00 a.m. London time (or
10:00 a.m. Central European Time, as
applicable) on the day following the
Invoice Period.
In addition, conforming changes are
made in certain Parts to use the defined
term ‘‘Exchange Delivery Settlement
Price’’ and its abbreviation ‘‘EDSP’’
instead of ‘‘Market Delivery Settlement
Price’’ and ‘‘MDSP,’’ respectively.
In Part J of the Delivery Procedures,
text relating to the Clearing House’s
ability to retain Buyer’s Security and/or
Seller’s Security in the case of a delivery
failure, which was inadvertently
omitted from a prior filing, has been
reinserted. The revised provision is
consistent with the treatment of delivery
failures under the other Parts of the
Delivery Procedures.
(2) Statutory Basis
ICE Clear Europe believes that the
changes described herein are consistent
with the requirements of Section 17A of
the Act 5 and the regulations thereunder
applicable to it, including the standards
under Rule 17Ad–22,6 and are
consistent with the prompt and accurate
clearance of and settlement of securities
transactions and, to the extent
applicable, derivative agreements,
contracts and transactions, the
safeguarding of securities and funds in
the custody or control of ICE Clear
Europe or for which it is responsible
and the protection of investors and the
public interest, within the meaning of
Section 17A(b)(3)(F) of the Act.7 The
amended Delivery Procedures, together
with the existing ICE Clear Europe rules,
provide the mechanism for physical
settlement of the Relevant Futures
Contracts, specify the rights, obligations
and duties of the clearing members and
the Clearing House in connection
therewith, and permit the Clearing
House to manage the delivery risk with
respect to such contracts. In particular,
the amendments to the Delivery
Procedures revise the timing of payment
to be more closely aligned with
deliveries made under the Relevant
Futures Contracts. ICE Clear Europe
thus believes that the proposed rule
U.S.C. 78q–1.
CFR 240.17Ad–22.
7 15 U.S.C. 78q–1(b)(3)(F).
change is consistent with the
requirements of Section 17A of the Act
and regulations thereunder applicable to
it, including Rule 17Ad–22(d)(15).
(B) Clearing Agency’s Statement on
Burden on Competition
ICE Clear Europe does not believe the
proposed changes to the rules would
have any impact, or impose any burden,
on competition not necessary or
appropriate in furtherance of the Act.
ICE Clear Europe is adopting the
amendments to the Delivery Procedures
principally in order to revise the timing
of payment to be more closely aligned
with deliveries made under the Relevant
Futures Contracts. ICE Clear Europe
does not believe the adoption of these
changes would adversely affect access to
clearing for clearing members or their
customers, otherwise adversely affect
competition in clearing services, or
materially affect the cost of clearing for
clearing members or their customers.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants or Others
Written comments relating to the
proposed changes to the rules have not
been solicited or 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)(ii) of the Act,8 and Rule
19b–4(f)(2) 9 thereunder because it
effects a change in an existing service of
a registered clearing agency that
primarily affects the clearing operations
of the clearing agency with respect to
products that are not securities,
including futures that are not security
futures, swaps that are not securitybased swaps or mixed swaps, and
forwards that are not security forwards,
and does not significantly affect any
securities clearing operations of the
clearing agency or any rights or
obligations of the clearing agency with
respect to securities clearing or persons
using such securities-clearing 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
5 15
6 17
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56841
8 15
9 17
E:\FR\FM\23SEN1.SGM
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
23SEN1
56842
Federal Register / Vol. 79, No. 184 / Tuesday, September 23, 2014 / Notices
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
• 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–2014–14 on the subject line.
mstockstill on DSK4VPTVN1PROD with NOTICES
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–ICEEU–2014–14. 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 will also 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/clear-europe/
regulation.
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–2014–14 and
should be submitted on or before
October 14, 2014.
VerDate Sep<11>2014
17:55 Sep 22, 2014
Jkt 232001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–22541 Filed 9–22–14; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Delegations of Authority: Delegation of
Authority No. 12–G, Revision 1
Small Business Administration.
Notice of Delegations of
Authority.
AGENCY:
ACTION:
This document provides the
public notice of a revision to
Delegations of Authority No. 12–G (70
FR 21262, April 25, 2005), which
delegated authority for lender oversight
and enforcement activities by the
Administrator of the Small Business
Administration (SBA) to the Associate
Administrator for the Office of Lender
Oversight (AA/OLO), the Lender
Oversight Committee, and the Associate
Deputy Administrator for Capital Access
(ADA/CA). By this revision, the
Administrator provides the public
notice of a change in the name of Office
of Lender Oversight to the ‘‘Office of
Credit Risk Management.’’ It also
provides notice of changes in the
position titles of the AA/OLO to the
‘‘Director, Office of Credit Risk
Management’’ (D/OCRM) and the ADA/
CA to the ‘‘Associate Administrator for
Capital Access’’ (AA/CA). Through this
document, the Administrator is
delegating additional authority in lender
oversight and enforcement matters to
the D/OCRM, the Lender Oversight
Committee, and the AA/CA. The
additional delegations to the D/OCRM
include, but are not limited to, the
authority to renew certain delegated
lending authorities accorded to 7(a)
Lenders and Certified Development
Companies, authorities over SBA
Supervised Lender reporting, and the
authority to oversee Agent activity in
the business loan programs. The
additional authorities delegated to the
Lender Oversight Committee effect a
transfer of certain supervision and
enforcement authorities from the
Director, Office of Financial Assistance
to the Lender Oversight Committee. The
additional authorities delegated to the
AA/CA relate to Small Business
Lending Company capital. Finally, this
revision incorporates a few updates and
clarifications. These Delegations of
Authority No. 12–G, Revision 1
SUMMARY:
10 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00104
Fmt 4703
Sfmt 4703
supersede Delegations of Authority No.
12–G.
FOR FURTHER INFORMATION CONTACT:
Brent Ciurlino, Director, Office of Credit
Risk Management, or Diane K. Wright,
Attorney Advisor, Office of General
Counsel, U.S. Small Business
Administration, 409 3rd Street SW.,
Washington, DC 20416, telephone
numbers: (202) 205–3049 or (202) 205–
6642, respectively; facsimile number:
(202) 205–6831; and electronic mail:
brent.ciurlino@sba.gov or diane.wright@
sba.gov, respectively.
SUPPLEMENTARY INFORMATION: This
publication provides the public notice
of a revision to the Administrator’s
Delegations of Authority with respect to
SBA’s lender oversight and enforcement
activities. Specifically, this revision
provides the public notice of a change
in the name of the office from the
‘‘Office of Lender Oversight’’ to the
‘‘Office of Credit Risk Management.’’
This document also provides the public
notice of a change in the position titles
from ‘‘Associate Administrator for the
Office of Lender Oversight’’ to
‘‘Director, Office of Credit Risk
Management’’ (D/OCRM) and from the
‘‘Associate Deputy Administrator for
Capital Access’’ to the ‘‘Associate
Administrator for Capital Access’’ (AA/
CA).
In addition, the revision grants further
authority in lender oversight and
enforcement matters to the D/OCRM,
the Lender Oversight Committee, and
the AA/CA. This revision delegates to
the D/OCRM the authority to renew
delegated lending authority accorded to
7(a) Lenders in the Preferred Lenders
Program (PLP), SBA Express Program,
and Export Express Program and to
renew delegated lending authority
accorded to Certified Development
Companies (CDCs) in the Accredited
Lenders Program (ALP) and the Premier
Certified Lenders Program (PCLP). The
Director, Office of Financial Assistance
(D/OFA) will make the delegated
lending authority determination on
initial applications (Nominations). This
revision also delegates to the D/OCRM
the authority over participation in the
Community Advantage Program,
currently a pilot program. The
document further delegates to the
D/OCRM authority over SBA
Supervised Lender reporting. In
addition, it eliminates the Risk Rating
‘‘4’’ and ‘‘5’’ delineation for the D/
OCRM and the D/OFA in their
respective responsibilities for dealings
with 7(a) Lenders and CDCs
(collectively, SBA Lenders), and
Intermediaries in the Microloan
Program and Intermediaries in the ILP
E:\FR\FM\23SEN1.SGM
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Agencies
[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56840-56842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22541]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73128; File No. SR-ICEEU-2014-14]
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to ICE Clear Europe Delivery Procedures
September 17, 2014.
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 September 2, 2014, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared primarily by ICE Clear Europe. ICE Clear Europe
filed the proposal pursuant to Section 19(b)(3)(A)(iii) of the Act \3\
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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The principal purpose of the change is to modify certain aspects of
the ICE Clear Europe Delivery Procedures in connection with the
settlement of certain European energy futures contracts that are
currently cleared by ICE Clear Europe, namely: ICE UK Base Electricity
Futures Contract, ICE UK Peak Electricity Futures Contract, ICE UK
Natural Gas Futures, ICE Endex TTF Natural Gas Base Load Futures, ICE
Endex TTF Natural Gas WDNW Futures, ICE Endex German Gaspool Natural
Gas Futures, ICE Endex German NCG Natural Gas Futures, ICE Endex Dutch
Power Base Load Futures, ICE Endex Dutch Power Base Load Week Futures,
ICE Endex Dutch Power Peak Load (7-23) Futures, ICE Endex Dutch Power
Peak Load (8-20) Futures, ICE Endex Belgian Power Base Load Futures and
ICE Endex German Power Futures (the ``Relevant Futures Contracts'').
[[Page 56841]]
II. Clearing Agency'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 such statements.
(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
(1) Purpose
The purpose of the rule amendments is to modify certain aspects of
the ICE Clear Europe Delivery Procedures in connection with the
settlement of the Relevant Futures Contracts. As set forth below,
substantially the same changes are made for each Relevant Futures
Contract. The changes are made in each of Parts C through J of the
Delivery Procedures, which are the subchapters relating to the Relevant
Futures Contracts. ICE Clear Europe does not otherwise propose to amend
its clearing rules or procedures in connection with the Relevant
Futures Contracts.
The amendments are generally designed to provide for daily
settlement of payments owed with respect to deliveries made, and to
make related changes in the invoicing process. The settlement timetable
in section 5 of each relevant Part has been revised so that payment
takes place by 9:00 a.m. London time (or 10:00 a.m. Central European
Time, as applicable) on the business day following the Delivery Day
(``D+1'') for deliveries made on that Delivery Day (instead of the 19th
business day for the natural gas contracts and the 10th business day
for the power contracts following the end of the month of delivery, as
under the existing Delivery Procedures). Thus, Buyers make contract
payment via their nominated accounts, and Sellers receive payment, in
respect of deliveries for the preceding Delivery Day. In addition, as
modified, on D+1 Seller's Security for the actual delivered amount is
released and ICE Clear Europe releases the `Buyer's Default Top-up'
portion of the Buyer's Security on confirmed deliveries. Procedures for
dealing with failed deliveries are not changed.
In each relevant Part, the amendments adopt a new definition of
``Invoice Period,'' which is defined as the period beginning at the
start of the day on which the last invoice was issued, up to the end of
the day prior to the date of the current invoice and includes all
payments made from the Buyer to the Seller in respect of completed
deliveries. The relevant Parts have also been modified to provide that
the Invoice and Account Sale Report, which gives details of all
deliveries made during the Invoice Period, will available made by 9:00
a.m. London time (or 10:00 a.m. Central European Time, as applicable)
on the day following the Invoice Period.
In addition, conforming changes are made in certain Parts to use
the defined term ``Exchange Delivery Settlement Price'' and its
abbreviation ``EDSP'' instead of ``Market Delivery Settlement Price''
and ``MDSP,'' respectively.
In Part J of the Delivery Procedures, text relating to the Clearing
House's ability to retain Buyer's Security and/or Seller's Security in
the case of a delivery failure, which was inadvertently omitted from a
prior filing, has been reinserted. The revised provision is consistent
with the treatment of delivery failures under the other Parts of the
Delivery Procedures.
(2) Statutory Basis
ICE Clear Europe believes that the changes described herein are
consistent with the requirements of Section 17A of the Act \5\ and the
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22,\6\ and are consistent with the prompt and accurate
clearance of and settlement of securities transactions and, to the
extent applicable, derivative agreements, contracts and transactions,
the safeguarding of securities and funds in the custody or control of
ICE Clear Europe or for which it is responsible and the protection of
investors and the public interest, within the meaning of Section
17A(b)(3)(F) of the Act.\7\ The amended Delivery Procedures, together
with the existing ICE Clear Europe rules, provide the mechanism for
physical settlement of the Relevant Futures Contracts, specify the
rights, obligations and duties of the clearing members and the Clearing
House in connection therewith, and permit the Clearing House to manage
the delivery risk with respect to such contracts. In particular, the
amendments to the Delivery Procedures revise the timing of payment to
be more closely aligned with deliveries made under the Relevant Futures
Contracts. ICE Clear Europe thus believes that the proposed rule change
is consistent with the requirements of Section 17A of the Act and
regulations thereunder applicable to it, including Rule 17Ad-22(d)(15).
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78q-1.
\6\ 17 CFR 240.17Ad-22.
\7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
(B) Clearing Agency's Statement on Burden on Competition
ICE Clear Europe does not believe the proposed changes to the rules
would have any impact, or impose any burden, on competition not
necessary or appropriate in furtherance of the Act. ICE Clear Europe is
adopting the amendments to the Delivery Procedures principally in order
to revise the timing of payment to be more closely aligned with
deliveries made under the Relevant Futures Contracts. ICE Clear Europe
does not believe the adoption of these changes would adversely affect
access to clearing for clearing members or their customers, otherwise
adversely affect competition in clearing services, or materially affect
the cost of clearing for clearing members or their customers.
(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others
Written comments relating to the proposed changes to the rules have
not been solicited or 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)(ii) of the Act,\8\ and Rule 19b-4(f)(2) \9\
thereunder because it effects a change in an existing service of a
registered clearing agency that primarily affects the clearing
operations of the clearing agency with respect to products that are not
securities, including futures that are not security futures, swaps that
are not security-based swaps or mixed swaps, and forwards that are not
security forwards, and does not significantly affect any securities
clearing operations of the clearing agency or any rights or obligations
of the clearing agency with respect to securities clearing or persons
using such securities-clearing 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
[[Page 56842]]
investors, or otherwise in furtherance of the purposes of the Act.
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\8\ 15 U.S.C. 78s(b)(3)(A)(ii).
\9\ 17 CFR 240.19b-4(f)(2).
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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-2014-14 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-ICEEU-2014-14. 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 will also 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/clear-europe/regulation.
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-2014-14
and should be submitted on or before October 14, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Kevin M. O'Neill,
Deputy Secretary.
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\10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2014-22541 Filed 9-22-14; 8:45 am]
BILLING CODE 8011-01-P