Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Clearing Services for European Natural Gas Spot Contracts, 65269-65271 [2015-27067]
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Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices
regulations thereunder applicable to a
national securities exchange.
IV. Solicitation of Comments on
Amendment No. 1
Interested persons are invited to
submit written data, views, and
arguments concerning whether
Amendment No. 1 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–
NYSEArca–2015–77 on the subject line.
Paper Comments
asabaliauskas on DSK5VPTVN1PROD with NOTICES
• 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–NYSEArca–2015–77. 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–
NYSEArca–2015–77 and should be
submitted on or before November 16,
2015.
VerDate Sep<11>2014
18:53 Oct 23, 2015
Jkt 238001
V. Accelerated Approval of Proposed
Rule Change as Modified by
Amendment No. 1
The Commission finds good cause to
approve the proposed rule change, as
modified by Amendment No. 1, prior to
the thirtieth day after the date of
publication of notice in the Federal
Register. Amendment No. 1
supplements the proposed rule change
by, among other things, clarifying the
scope of the Fund’s permitted
investments and adding additional
information about the availability of
prices for the Shares and underlying
assets. This new information aided the
Commission in evaluating the
likelihood of effective arbitrage in the
Shares. Accordingly, the Commission
finds good cause, pursuant to section
19(b)(2) of the Act,21 to approve the
proposed rule change, as modified by
Amendment No. 1, on an accelerated
basis.
VI. Conclusion
It is therefore ordered, pursuant to
section 19(b)(2) of the Act,22 that the
proposed rule change (SR–NYSEArca–
2015–77), as modified by Amendment
No. 1, be, and it hereby is, approved on
an accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
Brent J. Fields,
Secretary.
[FR Doc. 2015–27073 Filed 10–23–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76196; File No. SR–ICEEU–
2015–017]
Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Relating to
Clearing Services for European Natural
Gas Spot Contracts
October 20, 2015.
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 October
9, 2015, ICE Clear Europe Limited (‘‘ICE
Clear Europe’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change described in Items I, II and III
21 15
U.S.C. 78s(b)(2).
U.S.C. 78s(b)(2).
23 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
22 15
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65269
below, which Items have been primarily
prepared by ICE Clear Europe. ICE Clear
Europe filed the proposal pursuant to
section 19(b)(3)(A) 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. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The principal purpose of the rule
change is to amend certain provisions of
the ICE Clear Europe rules and
procedures that address clearing
services for European natural gas spot
contracts.
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. 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. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
ICE Clear Europe has agreed to act as
the clearing organization for certain
natural gas spot contracts (the ‘‘Natural
Gas Spot Contracts’’) traded on the ICE
Endex Gas B.V. (‘‘ICE Endex
Continental’’) and ICE Endex Gas Spot
Ltd. (‘‘ICE Endex UK’’) markets and has
previously adopted amendments to its
Rules and Procedures with respect to
the clearing of such contracts.5 ICE
Clear Europe is proposing to adopt
certain additional amendments to its
Rules and Procedures with respect to
the clearing of the Natural Gas Spot
Contracts to clarify certain delivery
procedures and related arrangements,
including with respect to the interaction
with relevant gas delivery facilities and
systems. These amendments reflect
input from Clearing Members and other
market participants with respect to the
Natural Gas Spot Contracts. ICE Clear
3 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4)(ii).
5 Exchange Act Release No. 34–75170 (June 15,
2015) (File No. SR–ICEEU–2015–011), 80 FR 35418
(June 19, 2015) (the ‘‘Initial Spot Contract Filing’’).
4 17
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65270
Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices
Europe also proposes to adopt certain
other conforming and clarifying
changes, as discussed herein. ICE Clear
Europe submits revisions to Parts 1, 7
and 22 of its Rules and Parts D, E, J and
N of the Delivery Procedures.
In the Rules, the revisions to
definitions in parts 1 and 22 correct
cross-references to certain definitions in
the ICE Endex Continental market rules.
In Rule 106(a), a clarification is made
that disclosures of information may be
made by ICE Clear Europe pursuant to
obligations imposed on a Market under
relevant gas delivery system rules. In
Rule 703, which relates to settlement of
physically settled futures contracts,
Rule 703(h) is modified to clarify ICE
Clear Europe’s ability to require cash
settlement (as may be provided in the
relevant Delivery Procedures) where
grounds for declaring an Event of
Default or Force Majeure Event have
occurred with respect to a Clearing
Member, but without actually declaring
an Event of Default. This approach
reflects practices for gas and other
relevant markets.
In part D of the Delivery Procedures,
which relates to delivery of ICE Futures
UK Natural Gas Daily Futures Contracts,
clarifications have been made to the
timing of certain requirements,
including the deadline for submission of
certain documentation.
In part E of the Delivery Procedures,
various definitions relating to different
types of ICE Endex UK natural gas spot
contracts have been added or clarified.
In addition, delivery responsibilities of
transferors and transferees, and related
delivery procedures, for the different
types of ICE Endex UK spot contracts
have been further specified. The
amendments in particular address
modifications the transferor or
transferee (as applicable) may make to
the amount of gas to be delivered to or
offtaken from the relevant system, and
provide that ICE Clear Europe is not
responsible for such modifications. The
amendments also correct an incorrect
reference to ICE Clear Europe as making
certain trade nominations with respect
to gas delivery.
In part J of the Delivery Procedures,
which relates to delivery of ICE Endex
Continental gas spot contract, the
amendments provide that ICE Endex
Continental will submit trade
nominations on behalf of ICE Clear
Europe and Clearing Members, as
applicable, with respect to gas
deliveries. The amendments also clarify
the applicable responsibilities of the
nominated transferor and transferee
with respect to delivery.
In part N of the Delivery Procedures
(relating to U.S. Emissions contracts),
VerDate Sep<11>2014
18:53 Oct 23, 2015
Jkt 238001
relevant terminology has been changed
from ‘‘Position Day’’ and ‘‘Notice Day’’
to ‘‘Notice Day’’ and ‘‘Delivery
Instruction Day’’ to conform to relevant
exchange rules.
2. Statutory Basis
ICE Clear Europe believes that the
proposed rule change is consistent with
the requirements of section 17A of the
Act 6 and the regulations thereunder
applicable to it, including the standards
under Rule 17Ad–22,7 and in particular
are consistent with the prompt and
accurate clearance and settlement of
securities transactions and derivative
agreements, contracts and transactions
cleared by ICE Clear Europe, the
safeguarding of securities and funds in
the custody or control of ICE Clear
Europe and the protection of investors
and the public interest, within the
meaning of section 17A(b)(3)(F) of the
Act.8 Specifically, the amendments will
further specify certain arrangements
related to delivery of Natural Gas Spot
Contracts cleared by ICE Clear Europe,
as well as make certain other clarifying
and conforming changes. As discussed
in the Initial Spot Contract Filing, the
Natural Gas Spot Contracts are spot
contracts in natural gas commodities
that underlie natural gas futures and
options contracts traded on the ICE
Endex markets and cleared by ICE Clear
Europe, and present a similar risk
profile to other ICE Endex contracts
currently cleared by ICE Clear Europe.
As a result, in ICE Clear Europe’s view,
its existing financial safeguards and
resources, risk management, systems
and operational arrangements are
sufficient to support clearing of such
products (and address physical delivery
under such products). The proposed
amendments are intended to make
additional clarifying changes to support
clearing of the Natural Gas Soot [sic]
Contracts, consistent with these
resources, systems and arrangements.
The amendments in particular address
certain aspects of the delivery under
such contracts, and clarify certain
default management arrangements
applicable to such contracts, as
discussed above. The other changes set
forth in the proposed rules herein are
similarly of a clarifying and conforming
nature. As such, in ICE Clear Europe’s
view, the amendments are consistent
with the prompt and accurate clearance
and settlement of securities and
derivative agreements, contracts and
U.S.C. 78q–1.
CFR 240.17Ad–22.
8 15 U.S.C. 78q–1(b)(3)(F).
transactions, within the meaning of the
Act.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
ICE Clear Europe does not believe the
proposed rule and procedure changes
would have any impact, or impose any
burden, on competition not necessary or
appropriate in furtherance of the
purpose of the Act. As discussed in the
Initial Spot Contract Filing, ICE Clear
Europe does not believe that clearing of
the Natural Gas Spot Contracts, or the
changes to the clearing arrangements
made in the proposed amendments to
the Rules and Procedures, would
adversely affect access to clearing for
clearing members or their customers or
other market participants, or materially
and adversely affect the cost of clearing
for market participants. Similarly, ICE
Clear Europe does not believe the
proposed change would otherwise
adversely affect competition among
clearing members or for clearing
services generally.
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 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) 9 of the Act and Rule 19b–
4(f)(4)(ii) 10 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
6 15
7 17
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(4)(ii).
10 17
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Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices
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
• 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–2015–017 on the subject line.
asabaliauskas on DSK5VPTVN1PROD 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–2015–017. 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#rule-filings.
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–2015–017 and
VerDate Sep<11>2014
18:53 Oct 23, 2015
Jkt 238001
should be submitted on or before
November 16, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Brent J. Fields,
Secretary.
[FR Doc. 2015–27067 Filed 10–23–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: [80 FR 64038, October
22, 2015].
Oral Argument.
PLACE: 100 F Street NE., Washington,
DC.
STATUS:
DATE AND TIME OF PREVIOUSLY ANNOUNCED
MEETING: October 26, 2015.
Room Change.
The Oral Argument scheduled for
Monday, October 26, 2015 at 1:00 p.m.
will be held in the Closed Commission
Hearing (Room 10800).
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items. For further
information and to ascertain what, if
any, matters have been added, deleted
or postponed, please contact:
The Office of the Secretary at (202)
551–5400.
CHANGE IN THE MEETING:
Dated: October 22, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–27357 Filed 10–22–15; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76199; File No. SR–BX–
2015–057]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Implement
An Order Exposure Alert To Be
Disseminated by the Exchange
October 20, 2015.
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 October
6, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’
or ‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
11 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
65271
‘‘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 implement
an order exposure alert to be
disseminated by the Exchange when a
marketable order is placed on the book
at a price that locks or crosses the
national best bid or offer (‘‘NBBO’’)
when the Exchange is not part of the
NBBO.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxbx.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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is proposing to amend
rulebook Chapter VI, Section 11 to
implement an order exposure alert in
order to provide marketable orders an
additional opportunity for execution on
the Exchange when the Exchange is not
part of the NBBO contra to the order and
the order locks or crosses the away best
bid or offer (‘‘ABBO’’).3
3 Similar functionality currently exists on
NASDAQ OMX PHLX. See Securities Exchange Act
Release No. 68517 (December 21, 2012), 77 FR
77134 (December 31, 2012) (SR–Phlx–2012–136).
E:\FR\FM\26OCN1.SGM
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Agencies
[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65269-65271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27067]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-76196; File No. SR-ICEEU-2015-017]
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Clearing Services for European Natural Gas Spot Contracts
October 20, 2015.
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 October 9, 2015, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I, II and III below, which
Items have been primarily prepared by ICE Clear Europe. ICE Clear
Europe filed the proposal pursuant to section 19(b)(3)(A) 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).
\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 change is to amend certain
provisions of the ICE Clear Europe rules and procedures that address
clearing services for European natural gas spot contracts.
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. 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. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
ICE Clear Europe has agreed to act as the clearing organization for
certain natural gas spot contracts (the ``Natural Gas Spot Contracts'')
traded on the ICE Endex Gas B.V. (``ICE Endex Continental'') and ICE
Endex Gas Spot Ltd. (``ICE Endex UK'') markets and has previously
adopted amendments to its Rules and Procedures with respect to the
clearing of such contracts.\5\ ICE Clear Europe is proposing to adopt
certain additional amendments to its Rules and Procedures with respect
to the clearing of the Natural Gas Spot Contracts to clarify certain
delivery procedures and related arrangements, including with respect to
the interaction with relevant gas delivery facilities and systems.
These amendments reflect input from Clearing Members and other market
participants with respect to the Natural Gas Spot Contracts. ICE Clear
[[Page 65270]]
Europe also proposes to adopt certain other conforming and clarifying
changes, as discussed herein. ICE Clear Europe submits revisions to
Parts 1, 7 and 22 of its Rules and Parts D, E, J and N of the Delivery
Procedures.
---------------------------------------------------------------------------
\5\ Exchange Act Release No. 34-75170 (June 15, 2015) (File No.
SR-ICEEU-2015-011), 80 FR 35418 (June 19, 2015) (the ``Initial Spot
Contract Filing'').
---------------------------------------------------------------------------
In the Rules, the revisions to definitions in parts 1 and 22
correct cross-references to certain definitions in the ICE Endex
Continental market rules. In Rule 106(a), a clarification is made that
disclosures of information may be made by ICE Clear Europe pursuant to
obligations imposed on a Market under relevant gas delivery system
rules. In Rule 703, which relates to settlement of physically settled
futures contracts, Rule 703(h) is modified to clarify ICE Clear
Europe's ability to require cash settlement (as may be provided in the
relevant Delivery Procedures) where grounds for declaring an Event of
Default or Force Majeure Event have occurred with respect to a Clearing
Member, but without actually declaring an Event of Default. This
approach reflects practices for gas and other relevant markets.
In part D of the Delivery Procedures, which relates to delivery of
ICE Futures UK Natural Gas Daily Futures Contracts, clarifications have
been made to the timing of certain requirements, including the deadline
for submission of certain documentation.
In part E of the Delivery Procedures, various definitions relating
to different types of ICE Endex UK natural gas spot contracts have been
added or clarified. In addition, delivery responsibilities of
transferors and transferees, and related delivery procedures, for the
different types of ICE Endex UK spot contracts have been further
specified. The amendments in particular address modifications the
transferor or transferee (as applicable) may make to the amount of gas
to be delivered to or offtaken from the relevant system, and provide
that ICE Clear Europe is not responsible for such modifications. The
amendments also correct an incorrect reference to ICE Clear Europe as
making certain trade nominations with respect to gas delivery.
In part J of the Delivery Procedures, which relates to delivery of
ICE Endex Continental gas spot contract, the amendments provide that
ICE Endex Continental will submit trade nominations on behalf of ICE
Clear Europe and Clearing Members, as applicable, with respect to gas
deliveries. The amendments also clarify the applicable responsibilities
of the nominated transferor and transferee with respect to delivery.
In part N of the Delivery Procedures (relating to U.S. Emissions
contracts), relevant terminology has been changed from ``Position Day''
and ``Notice Day'' to ``Notice Day'' and ``Delivery Instruction Day''
to conform to relevant exchange rules.
2. Statutory Basis
ICE Clear Europe believes that the proposed rule change is
consistent with the requirements of section 17A of the Act \6\ and the
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22,\7\ and in particular are consistent with the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICE Clear
Europe, the safeguarding of securities and funds in the custody or
control of ICE Clear Europe and the protection of investors and the
public interest, within the meaning of section 17A(b)(3)(F) of the
Act.\8\ Specifically, the amendments will further specify certain
arrangements related to delivery of Natural Gas Spot Contracts cleared
by ICE Clear Europe, as well as make certain other clarifying and
conforming changes. As discussed in the Initial Spot Contract Filing,
the Natural Gas Spot Contracts are spot contracts in natural gas
commodities that underlie natural gas futures and options contracts
traded on the ICE Endex markets and cleared by ICE Clear Europe, and
present a similar risk profile to other ICE Endex contracts currently
cleared by ICE Clear Europe. As a result, in ICE Clear Europe's view,
its existing financial safeguards and resources, risk management,
systems and operational arrangements are sufficient to support clearing
of such products (and address physical delivery under such products).
The proposed amendments are intended to make additional clarifying
changes to support clearing of the Natural Gas Soot [sic] Contracts,
consistent with these resources, systems and arrangements. The
amendments in particular address certain aspects of the delivery under
such contracts, and clarify certain default management arrangements
applicable to such contracts, as discussed above. The other changes set
forth in the proposed rules herein are similarly of a clarifying and
conforming nature. As such, in ICE Clear Europe's view, the amendments
are consistent with the prompt and accurate clearance and settlement of
securities and derivative agreements, contracts and transactions,
within the meaning of the Act.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78q-1.
\7\ 17 CFR 240.17Ad-22.
\8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
ICE Clear Europe does not believe the proposed rule and procedure
changes would have any impact, or impose any burden, on competition not
necessary or appropriate in furtherance of the purpose of the Act. As
discussed in the Initial Spot Contract Filing, ICE Clear Europe does
not believe that clearing of the Natural Gas Spot Contracts, or the
changes to the clearing arrangements made in the proposed amendments to
the Rules and Procedures, would adversely affect access to clearing for
clearing members or their customers or other market participants, or
materially and adversely affect the cost of clearing for market
participants. Similarly, ICE Clear Europe does not believe the proposed
change would otherwise adversely affect competition among clearing
members or for clearing services generally.
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 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) \9\ of the Act and Rule 19b-4(f)(4)(ii) \10\
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
[[Page 65271]]
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(4)(ii).
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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-2015-017 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-2015-017. 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#rule-filings.
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-2015-017
and should be submitted on or before November 16, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27067 Filed 10-23-15; 8:45 am]
BILLING CODE 8011-01-P