Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, as Modified by Partial Amendments No. 1 and No. 2, To Adopt Revised Clearing Fees, 48970-48972 [2019-20017]
Download as PDF
48970
Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices
proposed data product is constrained by
competition among exchanges that offer
similar data products to their customers.
As discussed, there are currently a
number of alternative products available
to market participants and investors. At
least three other U.S. options exchanges
offer a market data product that is
substantially similar to the Open-Close
Data, which the Exchange must consider
in its pricing discipline in order to
compete for the market data.13 In this
competitive environment, potential
purchasers are free to choose which, if
any, competing product to purchase to
satisfy their need for market
information. As a result, the Exchange
believes this proposed rule change
permits fair competition among national
securities exchanges.
The Exchange also does not believe
the proposed fees would cause any
unnecessary or inappropriate burden on
intermarket competition as other
exchanges are free to introduce their
own alternative and comparable data
product and lower their prices to better
compete with the Exchange’s offering.
The Exchange does not believe the
proposed rule change would cause any
unnecessary or inappropriate burden on
intramarket competition. Particularly,
the proposed product and fees apply
uniformly to any purchaser, in that it
does not differentiate between
subscribers that purchase Open-Close
Data. The proposed fees are set at a
modest level that would allow any
interested TPH or non-TPH to purchase
such data based on their business needs.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
jbell on DSK3GLQ082PROD with NOTICES
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 14 and paragraph (f) of Rule
19b–4 15 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
13 See e.g., Cboe Options Fees Schedule, Livevol
Fees, Open-Close Data. See also Nasdaq ISE Options
7 Pricing Schedule, Section 10.A and Nasdaq PHLX
Options 7 Pricing Schedule, Section 10, PHLX
Options Trade Outline (‘‘PHOTO’’).
14 15 U.S.C. 78s(b)(3)(A).
15 17 CFR 240.19b–4(f).
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17:05 Sep 16, 2019
Jkt 247001
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
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–
C2–2019–019 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–C2–2019–019. 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 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.
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–C2–2019–019 and should
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
be submitted on or before October 8,
2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–20013 Filed 9–16–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–86937; File No. SR–ICEEU–
2019–018]
Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change, as Modified by
Partial Amendments No. 1 and No. 2,
To Adopt Revised Clearing Fees
September 11, 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 August
30, 2019, 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 proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act,3 and Rule 19b–4(f)(2) 4 thereunder,
so that the proposed rule change was
effective upon filing with the
Commission. On September 10, 2019,
ICE Clear Europe filed Partial
Amendment No. 1 and Partial
Amendment No. 2 to the proposed rule
change.5 The Commission is publishing
this notice to solicit comments on the
proposed rule change, as modified by
Partial Amendment No. 1 and Partial
Amendment No. 2 (hereafter referred to
as ‘‘the proposed rule change’’), from
interested persons.
16 17
CFR 200.30–3(a)(12).
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).
5 ICE Clear Europe filed Partial Amendment No.
1 to provide certain additional clarifications and
related background documentation on the proposed
rule change, and ICE Clear Europe filed Partial
Amendment No. 2 to append a redlined version of
the proposed fees schedule for the IFEU Products
as Exhibit 5 to the proposed rule change. Partial
Amendment No. 1 and Partial Amendment No. 2
did not make any changes to the substance of the
filing or the text of the proposed rule change.
1 15
E:\FR\FM\17SEN1.SGM
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Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the
proposed rule change is to revise
clearing fees applicable to certain ICE
Futures Europe Limited (‘‘IFEU’’)
equities and UK energy products (‘‘IFEU
Products’’). The revisions do not involve
any changes to the ICE Clear Europe
Clearing Rules or Procedures.6
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. 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.
jbell on DSK3GLQ082PROD with NOTICES
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
(a) Purpose
The purpose of the proposed rule
change is for ICE Clear Europe to modify
certain clearing fees relating to certain
IFEU Products 7 as set out below:
• IFEU Equities.
Æ FTSE 100 Options: The clearing fee
will increase from GBP 0.20 to GBP 0.21
per lot, the exercise/assignment fee is
also increasing from GBP 0.20 to GBP
0.30, and the fee cap on the exercise and
assignment fee (published and
unpublished) is increasing from GBP
1,500 to GBP 2,200.
Æ FTSE 100 Options (block only): The
clearing fee will increase from GBP 0.25
to GBP 0.26 per lot and the delayed
published clearing fee will increase
from GBP 0.29 to GBP 0.30 per lot. The
clearing fee cap for published
transactions will increase from GBP
1,350 to GBP 1,980 and the clearing fee
cap for unpublished transactions will
increase from GBP 1,620 to GBP 2,700.
The exercise/assignment fee is also
increasing from GBP 0.20 to GBP 0.30
and the fee cap on the exercise and
assignment fee (published and
unpublished) is increasing from GBP
1,500 to GBP 2,200.
Æ FTSE 250 Futures and Options
(block only): The clearing fee will
increase from GBP 0.12 to GBP 0.18 per
6 Capitalized
terms used but not defined herein
have the meanings specified in the ICE Clear
Europe Clearing Rules.
7 ICE Futures Europe is also changing certain
exchange fees with respect to the IFEU Products at
the same time.
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17:05 Sep 16, 2019
Jkt 247001
lot and the delayed published clearing
fee will increase from GBP 0.13 to GBP
0.27 per lot.
Æ FTSE 250 Futures and Options: The
clearing fee will increase from GBP 0.09
to GBP 0.14 per lot and an exercise/
assignment fee of GBP 0.20 per lot is
introduced.
• IFEU UK Electricity Futures: The
clearing fee will increase from GBP
0.00157 to GBP 0.0035 per lot.
• IFEU UK Electricity Futures
(exchange for physical/exchange for
swap/block): The clearing fee will
increase from GBP 0.00202 to GBP
0.0045 per lot.
Attached [sic] as Exhibit 5 are the
circulars listing the new fees relating to
the IFEU Products and a redlined
version of the proposed fees schedule
for the IFEU Products. The relevant fee
schedules relating to the IFEU Products
will be updated and are available at:
https://www.theice.com/fees. The new
fees are expected to come into effect on
October 1, 2019, for the IFEU Equities
Futures and Options products, and on
September 2, 2019, for the IFEU UK
Electricity Futures products.
(b) Statutory Basis
ICE Clear Europe has determined that
the proposed fee changes set forth above
are reasonable and appropriate. In
particular, ICE Clear Europe believes
that the fees have been set at an
appropriate level given the costs and
expenses to ICE Clear Europe in offering
clearing of such IFEU Products, taking
into account the investments ICE Clear
Europe has made in clearing the markets
for these products. The fees will apply
to all F&O Clearing Members. ICE Clear
Europe believes that imposing such
charges thus provides for the equitable
allocation of reasonable dues, fees, and
other charges among its Clearing
Members, within the meaning of Section
17A(b)(3)(D) of the Act.8 ICE Clear
Europe therefore believes that the
proposed rule change is consistent with
the requirements of Section 17A of the
Act 9 and regulations thereunder
applicable to it.
(B) Self-Regulatory Organization’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)(D). Under this provision,
‘‘[a] clearing agency shall not be registered unless
the Commission determines that—(D) The rules of
the clearing agency provide for the equitable
allocation of reasonable dues, fees, and other
charges among its participants.’’
9 15 U.S.C. 78q–1.
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
48971
purpose of the Act. Although the
changes may result in certain additional
costs to Clearing Members, ICE Clear
Europe believes that the revised fees
have been set at an appropriate level
given the costs and expenses to ICE
Clear Europe in offering clearing of the
IFEU Products. ICE Clear Europe does
not believe that the amendments would
adversely affect the ability of such
Clearing Members or other market
participants generally to engage in
cleared transactions or to access
clearing. Since the revised fees will
apply to all F&O Clearing Members, ICE
Clear Europe further believes that the
fees will not otherwise adversely affect
competition among Clearing Members,
adversely affect the market for clearing
services or limit market participants’
choices for obtaining clearing services.
(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
The foregoing rule change has become
effective upon filing pursuant to Section
19(b)(3)(A) 10 of the Act and Rule 19b–
4(f)(2) 11 thereunder because it
establishes a fee or other charge
imposed by ICE Clear Europe on its
Clearing Members. Specifically, the
proposed rule changes will establish
fees to be paid by Clearing Members to
ICE Clear Europe in connection with the
clearing of certain IFEU Products. 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:
10 15
11 17
E:\FR\FM\17SEN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
17SEN1
48972
Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices
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–2019–018 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.
jbell on DSK3GLQ082PROD with NOTICES
All submissions should refer to File
Number SR–ICEEU–2019–018. 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–
2019–018 and should be submitted on
or before October 8, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–20017 Filed 9–16–19; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
the most significant aspects of such
statements.
[Release No. 34–86929; File No. SR–
CboeEDGX–2019–055]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
Self-Regulatory Organizations; Cboe
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Relating To
Adopt Fees for a New Data Product on
Its Equity Options Platform (‘‘EDGX
Options’’) To Be Known as Open-Close
Data
September 11, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on August
30, 2019, Cboe EDGX Exchange, Inc.
(the ‘‘Exchange’’ or ‘‘EDGX’’) filed with
the Securities and Exchange
Commission (the ‘‘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
Cboe EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) is filing with
the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change to adopt fees for
a new data product on its equity options
platform (‘‘EDGX Options’’) to be known
as Open-Close Data. The text of the
proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
options/regulation/rule_filings/edgx/),
at the Exchange’s Office of the
Secretary, 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
BILLING CODE 8011–01–P
1 15
12 17
CFR 200.30–3(a)(12).
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17:05 Sep 16, 2019
2 17
Jkt 247001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00068
Fmt 4703
Sfmt 4703
1. Purpose
The Exchange proposes to adopt fees
for a new data product on EDGX
Options to be known as Open-Close
Data, which will be available for
purchase to EDGX Options Members
and Non-Members.3 Cboe LiveVol, LLC
(‘‘LiveVol’’), a wholly owned subsidiary
of the Exchange’s parent company, Cboe
Global Markets, Inc., will make the
Open-Close Data available for purchase
to Members and Non-Members on the
LiveVol DataShop website
(datashop.cboe.com). The Exchange
proposes to amend its Fee Schedule to
adopt fees for the product.
The Exchange recently introduced the
Open-Close Data product. Open-Close
Data is a data product that summarizes
volume (contracts traded on EDGX
Options) by origin (customer and firm
orders), original order size and the
opening or closing position of the order.
The volume data is also summarized by
day and series (symbol, expiration date,
strike price, call or put). The OpenClose Data will be available for purchase
to both EDGX Members and NonMembers on a subscription and ad-hoc
basis. The Exchange notes that its
affiliate, Cboe Exchange, Inc. (‘‘Cboe
Options’’), as well as other exchanges,
offer a similar data product.4
The Exchange proposes to provide in
its Fee Schedule that Members and nonMembers may purchase Open-Close
Data on a subscription basis (end of day
file) or by ad hoc request for a specified
month (historical file). The Exchange
proposes to assess a monthly fee of $500
for subscribing to a daily update which
will consist of Open/Close data covering
all Exchange-listed securities. Members
and non-Members purchasing Open/
Close data on a subscription basis will
receive access to a daily data file. The
Exchange proposes to assess a fee of
$400 per request per month for an adhoc request of historical Open/Close
data covering all Exchange-listed
securities. An ad-hoc request can be for
3 See Securities Exchange Act Release No. 86806
(August 29, 2019) (Notice of Filing and Immediate
Effectivness of a Proposed Rule Change to Introduce
a New Data Product on Its Equity Options Platform
(‘‘EDGX Options’’) to Be Known As Open-Close
Data) (SR–CboeEDGX–2019–054).
4 See Securities Exchange Act Release No. 55062
(January 8, 2007), 72 FR 2048 (January 17, 2007)
(approving SR–CBOE–2006–88); See also Securities
Exchange Act Release No. 56254 (August 15, 2007),
72 FR 47104 (August 22, 2007) (SR–ISE–2007–70).
E:\FR\FM\17SEN1.SGM
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Agencies
[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48970-48972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20017]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-86937; File No. SR-ICEEU-2019-018]
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change, as
Modified by Partial Amendments No. 1 and No. 2, To Adopt Revised
Clearing Fees
September 11, 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 August 30, 2019, 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 proposed rule change pursuant to Section 19(b)(3)(A)
of the Act,\3\ and Rule 19b-4(f)(2) \4\ thereunder, so that the
proposed rule change was effective upon filing with the Commission. On
September 10, 2019, ICE Clear Europe filed Partial Amendment No. 1 and
Partial Amendment No. 2 to the proposed rule change.\5\ The Commission
is publishing this notice to solicit comments on the proposed rule
change, as modified by Partial Amendment No. 1 and Partial Amendment
No. 2 (hereafter referred to as ``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)(2).
\5\ ICE Clear Europe filed Partial Amendment No. 1 to provide
certain additional clarifications and related background
documentation on the proposed rule change, and ICE Clear Europe
filed Partial Amendment No. 2 to append a redlined version of the
proposed fees schedule for the IFEU Products as Exhibit 5 to the
proposed rule change. Partial Amendment No. 1 and Partial Amendment
No. 2 did not make any changes to the substance of the filing or the
text of the proposed rule change.
---------------------------------------------------------------------------
[[Page 48971]]
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The principal purpose of the proposed rule change is to revise
clearing fees applicable to certain ICE Futures Europe Limited
(``IFEU'') equities and UK energy products (``IFEU Products''). The
revisions do not involve any changes to the ICE Clear Europe Clearing
Rules or Procedures.\6\
---------------------------------------------------------------------------
\6\ Capitalized terms used but not defined herein have the
meanings specified in the ICE Clear Europe Clearing 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. 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
The purpose of the proposed rule change is for ICE Clear Europe to
modify certain clearing fees relating to certain IFEU Products \7\ as
set out below:
---------------------------------------------------------------------------
\7\ ICE Futures Europe is also changing certain exchange fees
with respect to the IFEU Products at the same time.
---------------------------------------------------------------------------
IFEU Equities.
[cir] FTSE 100 Options: The clearing fee will increase from GBP
0.20 to GBP 0.21 per lot, the exercise/assignment fee is also
increasing from GBP 0.20 to GBP 0.30, and the fee cap on the exercise
and assignment fee (published and unpublished) is increasing from GBP
1,500 to GBP 2,200.
[cir] FTSE 100 Options (block only): The clearing fee will increase
from GBP 0.25 to GBP 0.26 per lot and the delayed published clearing
fee will increase from GBP 0.29 to GBP 0.30 per lot. The clearing fee
cap for published transactions will increase from GBP 1,350 to GBP
1,980 and the clearing fee cap for unpublished transactions will
increase from GBP 1,620 to GBP 2,700. The exercise/assignment fee is
also increasing from GBP 0.20 to GBP 0.30 and the fee cap on the
exercise and assignment fee (published and unpublished) is increasing
from GBP 1,500 to GBP 2,200.
[cir] FTSE 250 Futures and Options (block only): The clearing fee
will increase from GBP 0.12 to GBP 0.18 per lot and the delayed
published clearing fee will increase from GBP 0.13 to GBP 0.27 per lot.
[cir] FTSE 250 Futures and Options: The clearing fee will increase
from GBP 0.09 to GBP 0.14 per lot and an exercise/assignment fee of GBP
0.20 per lot is introduced.
IFEU UK Electricity Futures: The clearing fee will
increase from GBP 0.00157 to GBP 0.0035 per lot.
IFEU UK Electricity Futures (exchange for physical/
exchange for swap/block): The clearing fee will increase from GBP
0.00202 to GBP 0.0045 per lot.
Attached [sic] as Exhibit 5 are the circulars listing the new fees
relating to the IFEU Products and a redlined version of the proposed
fees schedule for the IFEU Products. The relevant fee schedules
relating to the IFEU Products will be updated and are available at:
https://www.theice.com/fees. The new fees are expected to come into
effect on October 1, 2019, for the IFEU Equities Futures and Options
products, and on September 2, 2019, for the IFEU UK Electricity Futures
products.
(b) Statutory Basis
ICE Clear Europe has determined that the proposed fee changes set
forth above are reasonable and appropriate. In particular, ICE Clear
Europe believes that the fees have been set at an appropriate level
given the costs and expenses to ICE Clear Europe in offering clearing
of such IFEU Products, taking into account the investments ICE Clear
Europe has made in clearing the markets for these products. The fees
will apply to all F&O Clearing Members. ICE Clear Europe believes that
imposing such charges thus provides for the equitable allocation of
reasonable dues, fees, and other charges among its Clearing Members,
within the meaning of Section 17A(b)(3)(D) of the Act.\8\ ICE Clear
Europe therefore believes that the proposed rule change is consistent
with the requirements of Section 17A of the Act \9\ and regulations
thereunder applicable to it.
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\8\ 15 U.S.C. 78q-1(b)(3)(D). Under this provision, ``[a]
clearing agency shall not be registered unless the Commission
determines that--(D) The rules of the clearing agency provide for
the equitable allocation of reasonable dues, fees, and other charges
among its participants.''
\9\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization'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 purpose of the Act. Although the
changes may result in certain additional costs to Clearing Members, ICE
Clear Europe believes that the revised fees have been set at an
appropriate level given the costs and expenses to ICE Clear Europe in
offering clearing of the IFEU Products. ICE Clear Europe does not
believe that the amendments would adversely affect the ability of such
Clearing Members or other market participants generally to engage in
cleared transactions or to access clearing. Since the revised fees will
apply to all F&O Clearing Members, ICE Clear Europe further believes
that the fees will not otherwise adversely affect competition among
Clearing Members, adversely affect the market for clearing services or
limit market participants' choices for obtaining clearing services.
(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
The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \10\ of the Act and Rule 19b-4(f)(2) \11\
thereunder because it establishes a fee or other charge imposed by ICE
Clear Europe on its Clearing Members. Specifically, the proposed rule
changes will establish fees to be paid by Clearing Members to ICE Clear
Europe in connection with the clearing of certain IFEU Products. 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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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 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:
[[Page 48972]]
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-2019-018 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-2019-018. 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-2019-018 and should be
submitted on or before October 8, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20017 Filed 9-16-19; 8:45 am]
BILLING CODE 8011-01-P