Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Amendments to the ICE Clear Europe Delivery Procedures., 15641-15643 [2019-07506]
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Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
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comment submissions that you do not
want to be publicly disclosed in your
comment submission. The NRC will
post all comment submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS,
and the NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the NRC is requesting
public comment on its intention to
request the OMB’s approval for the
information collection summarized
below.
1. The title of the information
collection: Collection of Research Code
Non-Disclosure Agreement Information.
2. OMB approval number: An OMB
control number has not yet been
assigned to this proposed information
collection.
3. Type of submission: New.
4. The form number, if applicable:
Not applicable.
5. How often the collection is required
or requested: As needed.
6. Who will be required or asked to
respond: Domestic and foreign users of
NRC’s nuclear safety analytical
computer codes.
7. The estimated number of annual
responses: 640.
8. The estimated number of annual
respondents: 640.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 640 hours.
10. Abstract: This information
collection request is a non-disclosure
agreement (NDA) used for domestic and
foreign entities to obtain and use the
U.S. Nuclear Regulatory Commission’s
(NRC’s) nuclear safety analytical
computer codes. NRC develops and uses
computer codes to independently model
and evaluate safety issues associated
with the licensed use of radioactive
materials. As a global leader in nuclear
regulatory research and safety
assessment, NRC is frequently
approached by domestic and
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16:32 Apr 15, 2019
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international organizations requesting
copies of NRC computer codes. In
general, to obtain an NRC code an
individual or organization first agrees to
not redistribute the code (i.e., nondisclosure) through a non-disclosure
agreement (NDA). The NDA also
imposes terms and conditions for code
use, and requires notification to NRC of
code errors, code modifications, and
updated user information. An officially
signed and executed NDA of users
agreeing to the terms and conditions is
current NRC practice for access to NRCdeveloped computer codes. Once the
NDA has been signed, received,
reviewed, and accepted, the requesting
individual or organization is given
access to the requested code. The
information collection enables the NRC
to ensure that proper procedures and
agreements are in place to guide the
distribution and use of these codes
according to NRC and U.S. Government
policies and international agreements
such as import-export restrictions and
intellectual property rights. Further
information collection on code errors
and modifications by code users permits
NRC to maintain control and quality of
its codes in a timely and efficient
manner.
Specific Requests for Comments
The NRC is seeking comments that
address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the estimate of the burden of the
information collection accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection on respondents
be minimized, including the use of
automated collection techniques or
other forms of information technology?
Dated at Rockville, Maryland, this 11th day
of April 2019.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2019–07524 Filed 4–15–19; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
TIME AND DATE:
2:00 p.m. on Thursday,
April 18, 2019.
PO 00000
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The meeting will be held at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
Commissioner Roisman, as duty
officer, voted to consider the items
listed for the closed meeting in closed
session.
The subject matters of the closed
meeting will be:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
PLACE:
Dated: April 11, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–07638 Filed 4–12–19; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85587; File No. SR–ICEEU–
2019–007]
Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to
Amendments to the ICE Clear Europe
Delivery Procedures.
April 10, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
1 15
2 17
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E:\FR\FM\16APN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
16APN1
15642
Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
notice is hereby given that on March 26,
2019, ICE Clear Europe Limited (‘‘ICE
Clear Europe’’ or the ‘‘Clearing House’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule changes described in
Items I, II and III below, which Items
have been prepared by ICE Clear
Europe. ICE Clear Europe filed the
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(4)4 thereunder, such that the
proposed rule change was immediately
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
proposed amendments is for ICE Clear
Europe to add delivery terms relating to
the ICE Endex Central European Gas
Hub AG (‘‘CEGH’’) Austrian VTP
Natural Gas Futures Contracts.5
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.
khammond on DSKBBV9HB2PROD with NOTICES
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
(a) Purpose
ICE Clear Europe is proposing to
amend its Delivery Procedures to add a
new Part EE regarding delivery
procedures relating to a new natural gas
futures contract, the ICE Endex CEGH
Austrian VTP Natural Gas Futures
Contract (the ‘‘Contract’’), that would be
traded on ICE Endex and cleared by ICE
Clear Europe.
Proposed Part EE would set out the
delivery specifications and procedures
for deliveries under the Contract.
Delivery would be effected by the
transfer of rights to natural gas at the
3 15
U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4).
5 Capitalized terms used but not defined herein
have the meaning specified in the ICE Clear Europe
Clearing Rules (the ‘‘Rules’’).
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Virtual Trading Point (‘‘VTP’’) 6 from a
Transferor (nominated by the Seller and
which may be the Seller) to the Clearing
House and from the Clearing House (via
its nomination agent) to a Transferee
(nominated by the Buyer and which
may be the Buyer) through the input of
Trade Nominations into the CEGH
eletronic system. Under Part EE,
Clearing Members would authorize the
Clearing House to make Trade
Nominations on their behalf. The
amendments would also establish
certain timing requirements for
exchange of futures for physical and
swap transactions under exchange rules.
Proposed Part EE would address
certain the responsibilities of the
Clearing House and relevant parties for
delivery under the Contracts,
supplementing the existing provisions
of the Rules. Specifically, the Clearing
House would not be responsible for the
performance of CEGH. Further, neither
the Buyer nor the Seller, nor their
Transferees or Transferors, would have
any claim against the Clearing House for
any loss incurred as a result of the
condition or operation of the
Transmission Network unless provided
in the ICE Endex Rules.
Proposed Part EE would address
delivery contract security for the Buyer
and Seller, invoicing with respect to the
Contract and certain details of the
delivery process, including processes
relating to a failed delivery. Delivery
under Contracts would be based on
open contract positions at the cessation
of trading and EFPs and EFSs posted up
to one hour following the cessation of
trading on the last trading day for which
delivery is specified. The procedures
would include a detailed timeframe for
relevant notices of intent to deliver or
receive, nominations of Transferors and
Transferees, delivery confirmations,
invoicing, provision of security and
release of security following completion
of delivery and other matters.
Proposed Part EE would also describe
certain reports produced by the Clearing
House that are made available to Buyers
and Sellers and their timing.
(b) Statutory Basis
Section 17A(b)(3)(F) of the Act 7
requires, among other things, that the
rules of a clearing agency be designed to
promote the prompt and accurate
clearance and settlement of securities
transactions and, to the extent
applicable, derivative agreements,
6 This is the virtual trading point as defined in the
Austrian Natural Gas Act 2011, in respect of a
Contract, being a notional point in the Austrian
Eastern Market Area at which natural gas can be
traded after injection and before offtake.
7 15 U.S.C. 78q–1(b)(3)(F).
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Fmt 4703
Sfmt 4703
contracts, and transactions, the
safeguarding of securities and funds in
the custody or control of the clearing
agency or for which it is responsible,
and the protection of investors and the
public interest. The proposed
amendments are designed to facilitate
the clearing of a new physically settled
natural gas futures contract that is being
launched for trading by the ICE Endex
exchange. The amendments would set
out the obligations and roles of Clearing
Members and the Clearing House. ICE
Clear Europe believes that its financial
resources, risk management, systems
and operational arrangements are
sufficient to support clearing of such
contract (and to address physical
delivery under such contract) and to
manage the risks associated with such
contract. As a result, in ICE Clear
Europe’s view, the amendments would
be consistent with the prompt and
accurate clearance and settlement of the
Contract as set out in the proposed
Delivery Procedures amendments, and
the protection of investors and the
public interest consistent with the
requirements of Section 17A(b)(3)(F) of
the Act.8 (In ICE Clear Europe’s view,
the amendments would not affect the
safeguarding of funds or securities in
the custody or control of the clearing
agency or for which it is responsible,
within the meaning of Section
17A(b)(3)(F).9)
In addition, Rule 17Ad–22(e)(10) 10
requires that each covered clearing
agency establish and maintain
transparent written standards that state
its obligations with respect to the
delivery of physical instruments, and
establish and maintain operational
practices that identify, monitor and
manage the risks associated with such
physical deliveries. As discussed above,
the amendments to the Delivery
Procedures relating to the delivery and
settlement under the Contract and ICE
Endex exchange contract terms would
set out the obligations and roles of
Clearing Members, the Clearing House
and CEGH. The amendments would also
adopt relevant procedures for such
deliveries, which would facilitate
identifying, monitoring and managing
risks associated with delivery.
(B) Clearing Agency’s Statement on
Burden on Competition
ICE Clear Europe does not believe the
proposed rule changes would have any
impact, or impose any burden, on
competition not necessary or
appropriate in furtherance of the
8 15
U.S.C. 78q–1(b)(3)(F).
U.S.C. 78q–1(b)(3)(F).
10 17 CFR 240.17Ad–22(e)(10).
9 15
E:\FR\FM\16APN1.SGM
16APN1
Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
purposes of the Act. The changes are
being proposed in order to update the
Delivery Procedures in connection with
the listing of the Contract for trading on
the ICE Endex market. ICE Clear Europe
believes that such contracts would
provide opportunities for interested
market participants to engage in trading
activity in the Austrian VTP Natural Gas
market. ICE Clear Europe does not
believe the amendments would
adversely affect competition among
Clearing Members, materially affect the
cost of clearing, adversely affect access
to clearing in Contracts for Clearing
Members or their customers, or
otherwise adversely affect competition
in clearing services. Accordingly, ICE
Clear Europe does not believe that the
amendments would impose any impact
or burden on competition that is not
appropriate in furtherance of the
purpose 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 amendments have not been
solicited or received by ICE Clear
Europe. ICE Clear Europe will notify the
Commission of any comments received
with respect to the proposed
amendments.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 11 and paragraph (f) of Rule
19b–4 12 thereunder. 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.
khammond on DSKBBV9HB2PROD 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:
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
ICEEU–2019–007 on the subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
[Release No. 34–85585; File No. SR–BX–
2019–008]
• 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–2019–007. 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 website (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 website 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 website at https://
www.theice.com/clear-europe/
regulation. All comments received will
be posted without change. Persons
submitting comments are cautioned that
we do not redact or edit personal
identifying information from comment
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–ICEEU–
2019–007 and should be submitted on
or before May 7, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Eduardo A. Aleman,
Electronic Comments
Deputy Secretary.
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml) or
[FR Doc. 2019–07506 Filed 4–15–19; 8:45 am]
11 15
12 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
VerDate Sep<11>2014
16:32 Apr 15, 2019
BILLING CODE 8011–01–P
Self-Regulatory Organizations; Nasdaq
BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Extend the Pilot
Related to Rule 4121, Trading Halts
Due to Extraordinary Market Volatility
April 10, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 9,
2019, Nasdaq BX, Inc. (‘‘BX’’ or
‘‘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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to extend the
pilot related to Rule 4121, Trading Halts
Due to Extraordinary Market Volatility,
to the close of business on October 18,
2019.
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqbx.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.
1 15
13 17
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Frm 00064
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2 17
E:\FR\FM\16APN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
16APN1
]]>Agencies
[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15641-15643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07506]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85587; File No. SR-ICEEU-2019-007]
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Amendments to the ICE Clear Europe Delivery Procedures.
April 10, 2019.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\
[[Page 15642]]
notice is hereby given that on March 26, 2019, ICE Clear Europe Limited
(``ICE Clear Europe'' or the ``Clearing House'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
changes described in Items I, II and III below, which Items have been
prepared by ICE Clear Europe. ICE Clear Europe filed the proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(4)\4\ thereunder, such that the proposed rule change was
immediately 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).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The principal purpose of the proposed amendments is for ICE Clear
Europe to add delivery terms relating to the ICE Endex Central European
Gas Hub AG (``CEGH'') Austrian VTP Natural Gas Futures Contracts.\5\
---------------------------------------------------------------------------
\5\ Capitalized terms used but not defined herein have the
meaning specified in the ICE Clear Europe Clearing Rules (the
``Rules'').
---------------------------------------------------------------------------
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
(a) Purpose
ICE Clear Europe is proposing to amend its Delivery Procedures to
add a new Part EE regarding delivery procedures relating to a new
natural gas futures contract, the ICE Endex CEGH Austrian VTP Natural
Gas Futures Contract (the ``Contract''), that would be traded on ICE
Endex and cleared by ICE Clear Europe.
Proposed Part EE would set out the delivery specifications and
procedures for deliveries under the Contract. Delivery would be
effected by the transfer of rights to natural gas at the Virtual
Trading Point (``VTP'') \6\ from a Transferor (nominated by the Seller
and which may be the Seller) to the Clearing House and from the
Clearing House (via its nomination agent) to a Transferee (nominated by
the Buyer and which may be the Buyer) through the input of Trade
Nominations into the CEGH eletronic system. Under Part EE, Clearing
Members would authorize the Clearing House to make Trade Nominations on
their behalf. The amendments would also establish certain timing
requirements for exchange of futures for physical and swap transactions
under exchange rules.
---------------------------------------------------------------------------
\6\ This is the virtual trading point as defined in the Austrian
Natural Gas Act 2011, in respect of a Contract, being a notional
point in the Austrian Eastern Market Area at which natural gas can
be traded after injection and before offtake.
---------------------------------------------------------------------------
Proposed Part EE would address certain the responsibilities of the
Clearing House and relevant parties for delivery under the Contracts,
supplementing the existing provisions of the Rules. Specifically, the
Clearing House would not be responsible for the performance of CEGH.
Further, neither the Buyer nor the Seller, nor their Transferees or
Transferors, would have any claim against the Clearing House for any
loss incurred as a result of the condition or operation of the
Transmission Network unless provided in the ICE Endex Rules.
Proposed Part EE would address delivery contract security for the
Buyer and Seller, invoicing with respect to the Contract and certain
details of the delivery process, including processes relating to a
failed delivery. Delivery under Contracts would be based on open
contract positions at the cessation of trading and EFPs and EFSs posted
up to one hour following the cessation of trading on the last trading
day for which delivery is specified. The procedures would include a
detailed timeframe for relevant notices of intent to deliver or
receive, nominations of Transferors and Transferees, delivery
confirmations, invoicing, provision of security and release of security
following completion of delivery and other matters.
Proposed Part EE would also describe certain reports produced by
the Clearing House that are made available to Buyers and Sellers and
their timing.
(b) Statutory Basis
Section 17A(b)(3)(F) of the Act \7\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest. The proposed
amendments are designed to facilitate the clearing of a new physically
settled natural gas futures contract that is being launched for trading
by the ICE Endex exchange. The amendments would set out the obligations
and roles of Clearing Members and the Clearing House. ICE Clear Europe
believes that its financial resources, risk management, systems and
operational arrangements are sufficient to support clearing of such
contract (and to address physical delivery under such contract) and to
manage the risks associated with such contract. As a result, in ICE
Clear Europe's view, the amendments would be consistent with the prompt
and accurate clearance and settlement of the Contract as set out in the
proposed Delivery Procedures amendments, and the protection of
investors and the public interest consistent with the requirements of
Section 17A(b)(3)(F) of the Act.\8\ (In ICE Clear Europe's view, the
amendments would not affect the safeguarding of funds or securities in
the custody or control of the clearing agency or for which it is
responsible, within the meaning of Section 17A(b)(3)(F).\9\)
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78q-1(b)(3)(F).
\8\ 15 U.S.C. 78q-1(b)(3)(F).
\9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
In addition, Rule 17Ad-22(e)(10) \10\ requires that each covered
clearing agency establish and maintain transparent written standards
that state its obligations with respect to the delivery of physical
instruments, and establish and maintain operational practices that
identify, monitor and manage the risks associated with such physical
deliveries. As discussed above, the amendments to the Delivery
Procedures relating to the delivery and settlement under the Contract
and ICE Endex exchange contract terms would set out the obligations and
roles of Clearing Members, the Clearing House and CEGH. The amendments
would also adopt relevant procedures for such deliveries, which would
facilitate identifying, monitoring and managing risks associated with
delivery.
---------------------------------------------------------------------------
\10\ 17 CFR 240.17Ad-22(e)(10).
---------------------------------------------------------------------------
(B) Clearing Agency's Statement on Burden on Competition
ICE Clear Europe does not believe the proposed rule changes would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the
[[Page 15643]]
purposes of the Act. The changes are being proposed in order to update
the Delivery Procedures in connection with the listing of the Contract
for trading on the ICE Endex market. ICE Clear Europe believes that
such contracts would provide opportunities for interested market
participants to engage in trading activity in the Austrian VTP Natural
Gas market. ICE Clear Europe does not believe the amendments would
adversely affect competition among Clearing Members, materially affect
the cost of clearing, adversely affect access to clearing in Contracts
for Clearing Members or their customers, or otherwise adversely affect
competition in clearing services. Accordingly, ICE Clear Europe does
not believe that the amendments would impose any impact or burden on
competition that is not appropriate in furtherance of the purpose 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 amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any comments received with respect to the proposed
amendments.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
thereunder. 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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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f).
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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 [email protected]. Please include
File Number SR-ICEEU-2019-007 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-ICEEU-2019-007. 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 website (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 website 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 website at https://www.theice.com/clear-europe/regulation. All comments received will be posted without change.
Persons submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICEEU-2019-007 and should be
submitted on or before May 7, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-07506 Filed 4-15-19; 8:45 am]
BILLING CODE 8011-01-P
