Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to ICC's Cash Investment Yield Schedule, 30921-30923 [2017-13898]
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
affidavit or, for lawyers, a certificate of
service. Pursuant to rule 0–5 under the
Act, hearing requests should state the
nature of the writer’s interest, any facts
bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Commission’s Secretary.
ADDRESSES: The Commission: Brent J.
Fields, Secretary, U.S. Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–1090.
Applicants: Nationwide Fund Advisors,
10 West Nationwide Blvd., Columbus,
Ohio 43215; ETF Series Solutions, 615
East Michigan Street, 4th Floor,
Milwaukee, Wisconsin 53202; Quasar
Distributors, LLC, 777 East Wisconsin
Avenue, 6th Floor, Milwaukee,
Wisconsin 53202.
FOR FURTHER INFORMATION CONTACT:
Courtney S. Thornton, Senior Counsel,
at (202) 551–6812, or Robert H. Shapiro,
Branch Chief, at (202) 551–6821
(Division of Investment Management,
Chief Counsel’s Office).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or for an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
Applicants
1. The Trust is registered as an openend management investment company
under the Act and is a statutory trust
organized under the laws of Delaware.
Applicants seek relief with respect to
one Fund (as defined below, and that
Fund, the ‘‘Initial Fund’’). The portfolio
positions of each Fund will consist of
securities and other assets selected and
managed by its Adviser or Subadviser
(as defined below) to pursue the Fund’s
investment objective.
2. The Adviser, a Delaware business
trust, will be the investment adviser to
the Initial Fund. An Adviser (as defined
below) will serve as investment adviser
to each Fund. The Adviser is, and any
other Adviser will be, registered as an
investment adviser under the
Investment Advisers Act of 1940
(‘‘Advisers Act’’). The Adviser may
retain one or more subadvisers (each a
‘‘Subadviser’’) to manage the portfolios
of the Funds. Any Subadviser will be
registered, or not subject to registration,
under the Advisers Act.
3. The Distributor is a Delaware
limited liability company and a brokerdealer registered under the Securities
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Exchange Act of 1934 and will act as the
principal underwriter of Shares of the
Funds. Applicants request that the
requested relief apply to any distributor
of Shares, whether affiliated or
unaffiliated with the Adviser (included
in the term ‘‘Distributor’’). Any
Distributor will comply with the terms
and conditions of the Order.
Requested Exemptive Relief
4. Applicants seek the requested
Order under section 6(c) of the Act for
an exemption from sections 2(a)(32),
5(a)(1), 22(d) and 22(e) of the Act and
rule 22c–1 under the Act, under
sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and
17(a)(2) of the Act, and under section
12(d)(1)(J) of the Act for an exemption
from sections 12(d)(1)(A) and (B) of the
Act. The requested Order would permit
applicants to offer exchange-traded
managed funds. Because the relief
requested is the same as the relief
granted by the Commission under the
Reference Order and because the
Adviser has entered into, or anticipates
entering into, a licensing agreement
with Eaton Vance Management, or an
affiliate thereof in order to offer
exchange-traded managed funds,2 the
Order would incorporate by reference
the terms and conditions of the
Reference Order.
5. Applicants request that the Order
apply to the Initial Fund and to any
other existing or future open-end
management investment company or
series thereof that: (a) Is advised by the
Adviser or any entity controlling,
controlled by, or under common control
with the Adviser (any such entity
included in the term ‘‘Adviser’’); and (b)
operates as an exchange-traded managed
fund as described in the Reference
Order; and (c) complies with the terms
and conditions of the Order and of the
Reference Order, which is incorporated
by reference herein (each such company
or series and Initial Fund, a ‘‘Fund’’).3
6. Section 6(c) of the Act provides that
the Commission may exempt any
person, security or transaction, or any
class of persons, securities or
transactions, from any provisions of the
Act, if and to the extent that such
exemption is necessary or appropriate
in the public interest and consistent
with the protection of investors and the
2 Eaton Vance Management has obtained patents
with respect to certain aspects of the Funds’ method
of operation as exchange-traded managed funds.
3 All entities that currently intend to rely on the
Order are named as applicants. Any other entity
that relies on the Order in the future will comply
with the terms and conditions of the Order and of
the Reference Order, which is incorporated by
reference herein.
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30921
purposes fairly intended by the policy
and provisions of the Act. Section 17(b)
of the Act authorizes the Commission to
exempt a proposed transaction from
section 17(a) of the Act if evidence
establishes that the terms of the
transaction, including the consideration
to be paid or received, are reasonable
and fair and do not involve
overreaching on the part of any person
concerned, and the proposed
transaction is consistent with the
policies of the registered investment
company and the general purposes of
the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may
exempt any person, security, or
transaction, or any class or classes of
persons, securities or transactions, from
any provision of section 12(d)(1) if the
exemption is consistent with the public
interest and the protection of investors.
7. Applicants submit that for the
reasons stated in the Reference Order:
(1) With respect to the relief requested
pursuant to section 6(c) of the Act, the
relief is appropriate, in the public
interest and consistent with the
protection of investors and the purposes
fairly intended by the policy and
provisions of the Act; (2) with respect to
the relief request pursuant to section
17(b) of the Act, the proposed
transactions are reasonable and fair and
do not involve overreaching on the part
of any person concerned, are consistent
with the policies of each registered
investment company concerned and
consistent with the general purposes of
the Act; and (3) with respect to the relief
requested pursuant to section 12(d)(1)(J)
of the Act, the relief is consistent with
the public interest and the protection of
investors.
By the Division of Investment
Management, pursuant to delegated
authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017–13904 Filed 6–30–17; 8:45 am]
BILLING CODE P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81028; File No. SR–ICC–
2017–007]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating to ICC’s Cash
Investment Yield Schedule
June 27, 2017
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
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30922
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
(‘‘Act’’) 1 and Rule 19b–4,2 notice is
hereby given that on June 16, 2017, ICE
Clear Credit LLC (‘‘ICC’’) filed with the
Securities and Exchange Commission
the proposed rule change, as described
in Items I, II and III below, which Items
have been prepared primarily by ICC.
ICC filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(2) thereunder,4
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.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the
proposed changes is to make changes to
ICC’s cash investment yield schedule.
sradovich on DSK3GMQ082PROD with NOTICES
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, ICC
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. ICC has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of these statements.
A. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
ICC currently retains a portion of
interest earned on cash balances, net of
cash management expenses. The portion
of interest retained is based on an
established cash investment yield
schedule, which is set forth in the ICC
Collateral Management presentation
available on the ICC Web site. 5 ICC
proposes changes to its cash investment
yield schedule. The proposed revisions
to the cash investment yield schedule
are set forth in Exhibit 5 hereto, and
described in detail as follows.
Currently ICC retains a 10 bps spread
for interest rate market environments of
50 bps or greater, net of expenses. As a
result of increased treasury expenses
due to continued business and
regulatory focus on liquidity, ICC
proposes an increase to the ICC portion
of investment yield on cash balances for
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(2).
5 https://www.theice.com/publicdocs/clear_
credit/ICE_Clear_Credit_Collateral_
Management.pdf.
higher interest rate market
environments (i.e. greater than 100 bps)
to 10% of investment yield, net of
expenses. ICC also proposes moving the
five bps yield section to the ‘zero’ ICC
portion of investment yield on cash
balances. Currently, a five bps yield
results in an ICC investment yield of
one bps.
The investment yield schedule
changes will apply to both house and
client accounts, and ICC proposes to
make such changes effective July 3,
2017. ICC will issue a circular
notification in advance of the effective
date.
ICC believes that the proposed rule
changes are consistent with the
requirements of the Act, including
Section 17A of the Act .6 More
specifically, the proposed rule changes
change a member due, fee or other
charge imposed by ICC under Section
19(b)(3)(A)(ii) 7 of the Act and Rule 19b–
4(f)(2) 8 thereunder. ICC believes the
proposed rule changes are consistent
with the requirements of the Act and the
rules and regulations thereunder
applicable to ICC, in particular, to
Section 17(A)(b)(3)(D) 9, because the
proposed changes apply equally to all
market participants and therefore the
proposed changes provide for the
equitable allocation of reasonable dues,
fees and other charges among
participants. As such, the proposed
changes are appropriately filed pursuant
to Section 19(b)(3)(A) 10 of the Act and
paragraph (f)(2) of Rule 19b–4 11
thereunder.
B. Clearing Agency’s Statement on
Burden on Competition
ICC does not believe the proposed
rule change would have any impact, or
impose any burden, on competition.
The changes to ICC’s investment yield
schedule will apply uniformly across all
market participants. Therefore, ICC does
not believe the proposed rule change
imposes any burden on competition that
is inappropriate in furtherance of the
purposes of the Act.
C. Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants or Others
Written comments relating to the
proposed rule change have not been
solicited or received. ICC will notify the
Commission of any written comments
received by ICC.
1 15
2 17
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6 15
U.S.C. 78q–1.
U.S.C. 78s(b)(3)(A)(ii).
8 17 CFR 240.19b–4(f)(2).
9 15 U.S.C. 78q–1(b)(3)(D).
10 15 U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(2).
7 15
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III. Date of Effectiveness of the
Proposed Rule Change
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A) 12 of the Act and Rule 19b–
4(f)(2) 13 thereunder, as the changes to
ICC’s investment yield schedule
constitute a change to a due, fee, or
other charge applicable only to a
member. At any time within 60 days of
the filing of the proposed rule change,
the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• 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–
ICC–2017–007 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–ICC–2017–007. 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
12 15
13 17
E:\FR\FM\03JYN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
03JYN1
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
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 Credit and on ICE
Clear Credit’s Web site at https://
www.theice.com/clear-credit/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–ICC–2017–007 and should
be submitted on or before July 24, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017–13898 Filed 6–30–17; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–81034; File No. SR–ISE–
2017–58]
Self-Regulatory Organizations; Nasdaq
ISE, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Specify an Exception
to the Manner in Which Market Maker
Immediate-or-Cancel Orders Will Be
Handled
June 27, 2017.
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 June 19,
2017, Nasdaq, ISE LLC (‘‘ISE’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) 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.
sradovich on DSK3GMQ082PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend ISE
Rule 715(b)(3) to specify an exception to
the manner in which Immediate-orCancel Orders will be handled by the
System when entered through the
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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17:53 Jun 30, 2017
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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 the
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
14 17
Specialized Quote Feed 3 (‘‘SQF’’)
protocol.
The text of the proposed rule change
is available on the Exchange’s Web site
at www.ise.com, at the principal office
of the Exchange, and at the
Commission’s Public Reference Room.
1. Purpose
The Exchange is proposing to amend
ISE Rule 715(b)(3) to specify the manner
in which an Immediate-or-Cancel Order
will interact with certain order
protections when entered through SQF.
An Immediate-or-Cancel Order is
defined as a limit order that is to be
executed in whole or in part upon
receipt. Any portion not so executed is
to be treated as cancelled.4 SQF is an
interface that is being introduced with
the technology migration to a Nasdaq,
Inc. (‘‘Nasdaq’’) supported architecture.5
Today, Members may enter orders
through FIX, DTI or Nasdaq Precise on
ISE. After the migration to the INET
architecture, Members will continue to
be able to submit orders through FIX or
Nasdaq Precise, as is the case today, and
3 SQF is an interface that allows Market Makers
to connect and send quotes, Immediate-or-Cancel
Orders and auction responses into ISE.
4 See ISE Rule 715(b)(3). Immediate-or-Cancel
Orders do not route.
5 See Securities Exchange Act Release No. 80432
(April 11, 2017 (SR–ISE–2017–03) (Order
Approving Proposed Rule Change, as Modified by
Amendment No. 1, to Amend Various Rules in
Connection with a System Migration to Nasdaq
INET Technology). INET is the proprietary core
technology utilized across Nasdaq’s global markets
and utilized on The NASDAQ Options Market LLC
(‘‘NOM’’), NASDAQ PHLX LLC (‘‘Phlx’’) and
NASDAQ BX, Inc. (‘‘BX’’) (collectively, ‘‘Nasdaq
Exchanges’’). The migration of ISE to the Nasdaq
INET architecture would result in higher
performance, scalability, and more robust
architecture. With this system migration, the
Exchange intends to adopt certain trading
functionality currently utilized at Nasdaq
Exchanges. The functionality being adopted is
described in this filing.
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30923
OTTO will also be available to enter
orders. SQF will be available for Market
Makers 6 to enter quotes and also
Immediate-or-Cancel Orders. DTI will
no longer be available.
With the introduction of SQF, the
Exchange proposes to amend ISE Rule
715(b)(3) to state that an Immediate-orCancel order entered by a Market Maker
through SQF will not be subject to the
(i) Limit Order Price Protection and Size
Limitation Protection as defined in ISE
Rule 714(b)(2) and (3); or (ii) Limit
Order Price Protection as defined in
Supplementary Material .07(d) to ISE
Rule 722. All other Immediate-or-Cancel
Orders entered through FIX, OTTO or
Nasdaq Precise will continue to be
subject to these protections.
ISE Rule 714, entitled ‘‘Automatic
Execution of Orders,’’ contains a section
(b)(2) and (3) which applies to order
protections that are automatically
enforced by the System. The Limit
Order Price Protection sets a limit on
the amount by which incoming limit
orders to buy may be priced above the
Exchange’s best offer and by which
incoming limit orders to sell may be
priced below the Exchange’s best bid.
Limit orders that exceed the pricing
limit are rejected.7 Immediate-or-Cancel
Orders entered through SQF will not be
subject to the Limit Order Price
Protection provided in ISE Rule
714(b)(2).
ISE Rule 714(b)(3) provides a
protection for size limitation. The
System limits the number of contracts
an incoming order may specify. Orders
that exceed the maximum number of
contracts are rejected.8 Immediate-orCancel Orders entered through SQF will
not be subject to this size limitation
protection provided in ISE Rule
714(b)(3).9
Supplementary Material .07(d) to ISE
Rule 722 provides for a Limit Order
Price Protection for Complex Orders.
This protection limits the amount by
which the net price of an incoming
complex limit order to buy may exceed
the net price available from the
individual options series on the
Exchange and by which the net price of
6 The term ‘‘market makers’’ refers to
‘‘Competitive Market Makers’’ and ‘‘Primary Market
Makers’’ collectively. See ISE Rule 100(a)(25).
7 The limit is established by the Exchange from
time-to-time for orders to buy (sell) as the greater
of the Exchange’s best offer (bid) plus (minus): (i)
An absolute amount not to exceed $2.00, or (ii) a
percentage of the Exchange’s best bid/offer not to
exceed 10%. See ISE Rule 714(b)(2).
8 The maximum number of contracts, which shall
not be less than 10,000, is established by the
Exchange from time-to-time. See ISE Rule 714(b)(3).
9 The Exchange notes that the protection for size
limitation will be applied to Complex Immediateor-Cancel Orders that are entered through SQF.
E:\FR\FM\03JYN1.SGM
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Agencies
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30921-30923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13898]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81028; File No. SR-ICC-2017-007]
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to ICC's Cash Investment Yield Schedule
June 27, 2017
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
[[Page 30922]]
(``Act'') \1\ and Rule 19b-4,\2\ notice is hereby given that on June
16, 2017, ICE Clear Credit LLC (``ICC'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I,
II and III below, which Items have been prepared primarily by ICC. ICC
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ 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.
---------------------------------------------------------------------------
\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)(2).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The principal purpose of the proposed changes is to make changes to
ICC's cash investment yield schedule.
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
In its filing with the Commission, ICC 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. ICC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of these statements.
A. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
ICC currently retains a portion of interest earned on cash
balances, net of cash management expenses. The portion of interest
retained is based on an established cash investment yield schedule,
which is set forth in the ICC Collateral Management presentation
available on the ICC Web site. \5\ ICC proposes changes to its cash
investment yield schedule. The proposed revisions to the cash
investment yield schedule are set forth in Exhibit 5 hereto, and
described in detail as follows.
---------------------------------------------------------------------------
\5\ https://www.theice.com/publicdocs/clear_credit/ICE_Clear_Credit_Collateral_Management.pdf.
---------------------------------------------------------------------------
Currently ICC retains a 10 bps spread for interest rate market
environments of 50 bps or greater, net of expenses. As a result of
increased treasury expenses due to continued business and regulatory
focus on liquidity, ICC proposes an increase to the ICC portion of
investment yield on cash balances for higher interest rate market
environments (i.e. greater than 100 bps) to 10% of investment yield,
net of expenses. ICC also proposes moving the five bps yield section to
the `zero' ICC portion of investment yield on cash balances. Currently,
a five bps yield results in an ICC investment yield of one bps.
The investment yield schedule changes will apply to both house and
client accounts, and ICC proposes to make such changes effective July
3, 2017. ICC will issue a circular notification in advance of the
effective date.
ICC believes that the proposed rule changes are consistent with the
requirements of the Act, including Section 17A of the Act .\6\ More
specifically, the proposed rule changes change a member due, fee or
other charge imposed by ICC under Section 19(b)(3)(A)(ii) \7\ of the
Act and Rule 19b-4(f)(2) \8\ thereunder. ICC believes the proposed rule
changes are consistent with the requirements of the Act and the rules
and regulations thereunder applicable to ICC, in particular, to Section
17(A)(b)(3)(D) \9\, because the proposed changes apply equally to all
market participants and therefore the proposed changes provide for the
equitable allocation of reasonable dues, fees and other charges among
participants. As such, the proposed changes are appropriately filed
pursuant to Section 19(b)(3)(A) \10\ of the Act and paragraph (f)(2) of
Rule 19b-4 \11\ thereunder.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78q-1.
\7\ 15 U.S.C. 78s(b)(3)(A)(ii).
\8\ 17 CFR 240.19b-4(f)(2).
\9\ 15 U.S.C. 78q-1(b)(3)(D).
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
B. Clearing Agency's Statement on Burden on Competition
ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition. The changes to ICC's
investment yield schedule will apply uniformly across all market
participants. Therefore, ICC does not believe the proposed rule change
imposes any burden on competition that is inappropriate in furtherance
of the purposes of the Act.
C. Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others
Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.
III. Date of Effectiveness of the Proposed Rule Change
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \12\ of the Act and Rule 19b-4(f)(2) \13\ thereunder, as
the changes to ICC's investment yield schedule constitute a change to a
due, fee, or other charge applicable only to a member. 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.
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 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-ICC-2017-007 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-ICC-2017-007. 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
[[Page 30923]]
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 Credit and on ICE Clear Credit's Web site
at https://www.theice.com/clear-credit/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-ICC-2017-007
and should be submitted on or before July 24, 2017.
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\14\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13898 Filed 6-30-17; 8:45 am]
BILLING CODE 8011-01-P