Sunshine Act Meetings, 60309-60310 [2021-23857]
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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
defined as the entities to which ICC has
actual or potential credit exposure (e.g.,
settlement banks, custodians, reverse
repurchase counterparties). The CMPs
describe ICC’s requirements for FSPs
and the procedures for intraday, daily,
and monthly monitoring of the financial
and operational capacity of FSPs. This
document also includes procedures for
placing counterparties on the Watch List
and for monitoring and managing ICC’s
aggregate exposure to entities and their
affiliates with which ICC maintains
multiple counterparty relationships.
Accordingly, the proposed rule change
would continue to ensure that ICC
safeguards its own and its participants’
assets, minimizes the risk of loss and
delay in access to these assets, and
invests such assets in instruments with
minimal credit, market, and liquidity
risks, consistent with the requirements
of Rule 17Ad–22(e)(16).14
Rule 17Ad–22(e)(18) 15 requires each
covered clearing agency to establish,
implement, maintain, and enforce
written policies and procedures
reasonably designed to establish
objective, risk-based, and publicly
disclosed criteria for participation,
which permit fair and open access by
direct and, where relevant, indirect
participants and other financial market
utilities, require participants to have
sufficient financial resources and robust
operational capacity to meet obligations
arising from participation in the clearing
agency, and monitor compliance with
such participation requirements on an
ongoing basis. The proposed rule
change does not change ICC’s existing
CP membership criteria. The CMPs
discuss ICC’s standards for counterparty
relationships, namely the requirements
for CPs and FSPs, and include
references to relevant documentation.
The CMPs define the entities included
as FSPs to ensure that ICC appropriately
identifies and monitors its counterparty
relationships. The proposed rule change
is designed to more clearly document
the standards for counterparty
relationships and the associated
monitoring processes to ensure that
responsible parties carry out their duties
and appropriately monitor for
compliance with such requirements.
Furthermore, the CMPs require the
performance of an annual review of the
CP membership criteria to ensure
continued sufficiency and
appropriateness. As such, the proposed
rule change will continue to ensure that
participants have sufficient financial
resources and robust operational
capacity to meet obligations and
promote ICC’s ability to monitor
compliance for such requirements on an
ongoing basis, consistent with Rule
17Ad–22(e)(18).16
(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 proposed rule change to adopt and
formalize the Documents and to retire
the FCM and Bank Procedures will
apply uniformly across all market
participants. Therefore, ICC does not
believe the proposed rule change would
impose 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 and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
such proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be 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–
ICC–2021–021 on the subject line.
Paper Comments
Send paper comments in triplicate to
Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
All submissions should refer to File
Number SR–ICC–2021–021. 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 Credit and on ICE
Clear Credit’s website at https://
www.theice.com/clear-credit/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–ICC–2021–021 and
should be submitted on or before
November 22, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–23676 Filed 10–29–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
2:00 p.m. on Thursday,
November 4, 2021.
TIME AND DATE:
The meeting will be held via
remote means and/or at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
PLACE:
14 Id.
15 17
CFR 240.17Ad–22(e)(18).
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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
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.
In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
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.
The subject matter of the closed
meeting will consist of the following
topics:
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
14, 2021, MIAX Emerald, LLC (‘‘MIAX
Emerald’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘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.
Institution and settlement of injunctive
actions;
Institution and settlement of administrative
proceedings;
Resolution of litigation claims; and
Other matters relating to examinations and
enforcement proceedings.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
STATUS:
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Authority: 5 U.S.C. 552b.
The Exchange is filing a proposal to
amend the Exchange’s Fee Schedule
(‘‘Fee Schedule’’) to establish fees for
the market data product known as
MIAX Emerald Complex Top of Market
(‘‘cToM’’).
The text of the proposed rule change
is available on the Exchange’s website at
https://www.miaxoptions.com/rulefilings/emerald, at MIAX’s principal
office, and at the Commission’s Public
Reference Room.
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.
Dated: October 28, 2021.
Vanessa A. Countryman,
Secretary.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2021–23857 Filed 10–28–21; 11:15 am]
1. Purpose
BILLING CODE 8011–01–P
The Exchange proposes to amend
Section 6)a) of the Fee Schedule to
establish fees for the cToM data
product.
SECURITIES AND EXCHANGE
COMMISSION
Background
[Release No. 34–93427; File No. SR–
EMERALD–2021–34]
lotter on DSK11XQN23PROD with NOTICES1
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Self-Regulatory Organizations; MIAX
Emerald, LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Establish Fees for the
cToM Market Data Product
October 26, 2021.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
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The Exchange previously adopted
rules governing the trading of Complex
Orders 3 on the Emerald System 4 in
15 U.S.C. 78s(b)(1).
17 CFR 240.19b–4.
3 See Exchange Rule 518(a)(5) for the definition
of Complex Orders.
4 The term ‘‘System’’ means the automated
trading system used by the Exchange for the trading
of securities. See Exchange Rule 100.
1
2
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2018,5 ahead of the Exchange’s planned
launch, which took place on March 1,
2019. Shortly thereafter, the Exchange
also adopted the market data product
cToM and expressly waived fees for
cToM to provide an incentive to
prospective market participants to
subscribe to that market data feed.6 The
Exchange has not charged fees to cToM
subscribers in the over two and a half
years since it was first available for
subscription.
In summary, cToM provides
subscribers with the same information
as the MIAX Emerald Top of Market
(‘‘ToM’’) data product as it relates to the
Strategy Book,7 i.e., the Exchange’s best
bid and offer for a complex strategy,
with aggregate size, based on
displayable order and quoting interest
in the complex strategy on the
Exchange. However, cToM provides
subscribers with the following
additional information that is not
included in ToM: (i) The identification
of the complex strategies currently
trading on the Exchange; (ii) complex
strategy last sale information; and (iii)
the status of securities underlying the
complex strategy (e.g., halted, open, or
resumed). cToM is a distinct market
data product from ToM. ToM
subscribers are not required to subscribe
to cToM, and cToM subscribers are not
required to subscribe to ToM.8
Proposal
The Exchange now proposes to amend
Section 6)a) of the Fee Schedule to
charge monthly fees to Distributors 9 of
cToM. Specifically, the Exchange
proposes to assess Internal Distributors
$1,250 per month and External
Distributors $1,750 per month for the
cToM data feed.10 The Exchange notes
5 See Securities Exchange Act Release Nos. 84891
(December 20, 2018), 83 FR 67421 (December 28,
2018) (In the Matter of the Application of MIAX
EMERALD, LLC for Registration as a National
Securities Exchange; Findings, Opinion, and Order
of the Commission); and 85345(March 18, 2019), 84
FR 10848 (March 22, 2019) (SR–EMERALD–2019–
13) (Notice of Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend Exchange Rule
518, Complex Orders).
6 See Securities Exchange Act Release No. 85207
(February 27, 2019), 84 FR 7963 (March 5, 2019)
(SR–EMERALD–2019–09) (providing a complete
description of the cToM data feed).
7 The ‘‘Strategy Book’’ is the Exchange’s
electronic book of complex orders and complex
quotes. See Exchange Rule 518(a)(17).
8 See supra note 6.
9 A ‘‘Distributor’’ of MIAX Emerald data is any
entity that receives a feed or file of data either
directly from MIAX Emerald or indirectly through
another entity and then distributes it either
internally (within that entity) or externally (outside
that entity). All Distributors are required to execute
a MIAX Emerald Distributor Agreement. See
Section 6)a) of the Fee Schedule.
10 The Exchange also proposes to make a minor
related change to remove the phrase ‘‘(as
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Agencies
[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60309-60310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23857]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
TIME AND DATE: 2:00 p.m. on Thursday, November 4, 2021.
PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.
[[Page 60310]]
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.
In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
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.
The subject matter of the closed meeting will consist of the
following topics:
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Resolution of litigation claims; and
Other matters relating to examinations and enforcement
proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.
CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
Authority: 5 U.S.C. 552b.
Dated: October 28, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-23857 Filed 10-28-21; 11:15 am]
BILLING CODE 8011-01-P