Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Amendments to the Rate of Return on Euro and Pound Sterling Cash Margin and Guaranty Fund Deposits, 10835-10837 [2022-03961]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices survey for the Federal Employees Health Benefits (FEHB) Program. CAHPS® surveys ask consumers and patients to report on and evaluate their experiences with health care. These surveys cover topics that are important to consumers and focus on aspects of quality that consumers are best qualified to assess, such as the communication skills of providers and ease of access to health care services. DATES: Comments are encouraged and will be accepted until April 26, 2022. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: You may submit comments by the following method: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. All submissions received must include the agency name and docket number or RIN for this document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Office of Personnel Management, 1900 E Street NW, Washington, DC 20415, Attention: Michael Kaszynski, Senior Policy Analyst at Michael.kaszynski@opm.gov; 202–606–1413. SUPPLEMENTARY INFORMATION: As required by the Paperwork Reduction Act of 1995, (Pub. L. 104–13, 44 U.S.C. chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is soliciting comments for this collection. The Office of Management and Budget is particularly interested in comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other VerDate Sep<11>2014 16:44 Feb 24, 2022 Jkt 256001 technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Program Description OPM uses the CAHPS results as part of the FEHB Plan Performance Assessment (PPA). The PPA enables a consistent, objective evaluation of carrier performance and also provides more transparency for enrollees. This assessment uses a discrete set of quantifiable measures to examine key aspects of performance in the areas of clinical quality, customer service and resource use. Eight CAHPS measures are part of this discrete set of quantifiable measures. Taken together with more traditional assessments of contract administration, these measures help ensure that enrollees receive high quality affordable healthcare and a positive customer experience. The PPA is linked to carrier profit and adjustment factors. FEHB contracts include language to incorporate the PPA as a determinant of the Service Charge or Performance Adjustment. Analysis Agency: Healthcare and Insurance, Office of Personnel Management. Authority: 5 U.S.C. 8910. Title: CAHPS Survey. OMB Number: 3206–0274. Frequency: Annually. Affected Public: Federal Employees and Retirees. Number of Respondents: 73,505. Estimated Time per Respondent: 15 minutes. Total Burden Hours: 18,376 hours. Kellie Cosgrove Riley, Director, Office of Privacy and Information Management. [FR Doc. 2022–04054 Filed 2–24–22; 8:45 am] BILLING CODE 6325–64–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–94281; File No. SR–ICEEU– 2022–005] Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Amendments to the Rate of Return on Euro and Pound Sterling Cash Margin and Guaranty Fund Deposits February 18, 2022. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 10835 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on February 15, 2022, 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 primarily 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) thereunder,4 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 amend the rate of return paid by the Clearing House on Euro (‘‘EUR’’) and Pound Sterling (‘‘GBP’’) cash margin and Guaranty Fund deposits. The proposed amendments do not involve any changes to the ICE Clear Europe Clearing Rules or Procedures.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. (A) Clearing Agency’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change (a) Purpose (a) The purpose of the proposed rule changes is for ICE Clear Europe to [sic] its rate of return paid on EUR and GBP cash margin and Guaranty Fund deposits applicable to all Clearing Members for house and customer accounts. ICE Clear Europe pays a rate of return on cash deposited by Clearing 1 15 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 Capitalized terms used but not defined herein have the meanings specified in the ICE Clear Europe Clearing Rules. 2 17 E:\FR\FM\25FEN1.SGM 25FEN1 10836 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 Members in respect of margin and Guaranty Fund requirements referred to as the ICE Deposit Rate (the ‘‘IDR’’). The IDR is calculated daily and applied to cash balances held at the close of business on the previous business day in respect of US Dollar (‘‘USD’’), EUR and GBP deposits. The IDR is calculated as the net income earned on cash deposits in the relevant currency (positive or negative) less a charge or spread. Currently, the spread for all currencies is 15 bps. (b) ICE Clear Europe is proposing to increase the spread for EUR balances from 15 bps to 25 bps and reduce the spread for GBP balances from 15 bps to 12 bps. The spread for USD balances would remain unchanged at 15 bps. ICE Clear Europe has determined that in light of financial market conditions, including repo rates available in the market, the current spread levels have provided an incentive for Clearing Members to provide EUR balances as compared to GBP balances, including by using EUR balances to cover margin obligations denominated in GBP. Such a practice by Clearing Members could result in reduced available liquidity for the Clearing House in GBP. To avoid such potential concerns, ICE Clear Europe believes it is appropriate to reduce the IDR on EUR balances (through a higher spread) while comparatively increasing the IDR on GBP balances (through a lower spread). ICE Clear Europe believes the change would better align the relative costs and benefits of using EUR and GBP to cover margin and Guaranty Fund obligations and thereby improve Clearing House liquidity management. (b) Statutory Basis ICE Clear Europe believes that the proposed rule changes are consistent with the requirements of the Act, including Section 17A of the Act 6 and regulations thereunder applicable to it. In particular, Section 17A(b)(3)(D) of the Act 7 requires that ‘‘[t]he rules of the clearing agency provide for the equitable allocation of reasonable dues, fees and other charges among its participants’’. ICE Clear Europe believes that the IDR, as proposed to be amended, would be reasonable and appropriate in light of market conditions, including available repo rates, for the relevant currencies. The proposed modifications would apply to all Clearing Members and other market participants who hold cash balances in EUR and GBP. Further, ICE Clear Europe has determined that the revised spreads would enhance GBP liquidity by providing a greater incentive for Clearing Members to provide GBP balance to satisfy GBP margin and Guaranty Fund obligations as compared to EUR balances. As such, in ICE Clear Europe’s view, the amendments are consistent with the equitable allocation of reasonable dues, fees and other charges among its Clearing Members and other market participants, within the meaning of Section 17A(b)(3)(D) of the Act.8 The proposed amendments are also consistent with the requirements of Section 17A(b)(3)(F) of the Act 9 which requires, among other things, that ‘‘[t]he rules of a clearing agency [. . .] are not designed to permit unfair discrimination in the admission of participants or among participants in the use of the clearing agency’’. As noted above, the GBP and EUR spreads, as proposed to be amended, would apply on a currency level and would apply to all Clearing Members. The amendments would not otherwise change the ability of Clearing Members to post GBP and EUR in satisfaction of their obligations. As a result, the amendments would not result in any unfair discrimination among Clearing Members in their use of the Clearing House, within the meaning of Section 17A(b)(3)(F) of the Act.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 purpose of the Act. Although ICE Clear Europe is revising certain spreads applied to the IDR, as set forth herein, it believes such changes are appropriate to align incentives for providing EUR and GBP deposits with general market conditions and to avoid potential reductions in GBP liquidity. Further, as discussed above, the changes to the spreads would be applied equally to all Clearing Members who deposit cash balances in EUR and GBP. ICE Clear Europe does not believe that the amendments would adversely affect the ability of such Clearing Members or other market participants generally to access clearing services. Further, ICE Clear Europe believes that the amendments would not otherwise affect competition among Clearing Members, adversely affect the market for clearing services or limit market participants’ U.S.C. 78q–1(b)(3)(D). U.S.C. 78q–1(b)(3)(F). 10 15 U.S.C. 78q–1(b)(3)(F). choices for obtaining clearing services. As a result, ICE Clear Europe does not believe the amendments would have any impact or impose any burden on competition that is not necessary or appropriate 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 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 rule change. 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)(2) 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. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml) or • Send an email to rule-comments@ sec.gov. Please include File Number SR– ICEEU–2022–005 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–2022–005. 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 8 15 6 15 U.S.C. 78q–1. 7 15 U.S.C. 78q–1(b)(3)(D). VerDate Sep<11>2014 16:44 Feb 24, 2022 9 15 Jkt 256001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 11 15 12 17 E:\FR\FM\25FEN1.SGM U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(2). 25FEN1 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 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–2022–005 and should be submitted on or before March 18, 2022. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2022–03961 Filed 2–24–22; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–94287; File No. SR– PEARL–2022–05] Self-Regulatory Organizations; MIAX PEARL LLC; Notice of Filing of a Proposed Rule Change To Amend the MIAX PEARL Options Fee Schedule To Remove Certain Credits and Increase Trading Permit Fees; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove the Proposed Rule Change lotter on DSK11XQN23PROD with NOTICES1 February 18, 2022. 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 February 13 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 VerDate Sep<11>2014 16:44 Feb 24, 2022 Jkt 256001 15, 2022, MIAX PEARL, LLC (‘‘MIAX Pearl’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) a 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 and is, pursuant to Section 19(b)(3)(C) of the Act, hereby: (i) Temporarily suspending the rule change; and (ii) instituting proceedings to determine whether to approve or disapprove the proposed rule change. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange is filing a proposal to amend the MIAX Pearl Options Fee Schedule (the ‘‘Fee Schedule’’) to remove certain credits and amend the monthly Trading Permit 3 fees for Exchange Members.4 The text of the proposed rule change is available on the Exchange’s website at https://www.miaxoptions.com/rulefilings/pearl at MIAX Pearl’s principal office, 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 [sic] below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend the Fee Schedule to remove certain credits and amend the monthly Trading Permit fees (the ‘‘Proposed Access Fees’’) for 3 The term ‘‘Trading Permit’’ means a permit issued by the Exchange that confers the ability to transact on the Exchange. See Exchange Rule 100. 4 The term ‘‘Member’’ means an individual or organization that is registered with the Exchange pursuant to Chapter II of Exchange Rules for purposes of trading on the Exchange as an ‘‘Electronic Exchange Member’’ or ‘‘Market Maker.’’ Members are deemed ‘‘members’’ under the Exchange Act. See Exchange Rule 100 and the Definitions Section of the Fee Schedule. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 10837 Exchange Members. The Exchange initially filed this proposal on July 1, 2021, with the proposed fee changes being immediately effective (‘‘First Proposed Rule Change’’).5 The First Proposed Rule Change was published for comment in the Federal Register on July 15, 2021.6 The Commission received one comment letter on the First Proposed Rule Change 7 and subsequently suspended the Frist [sic] Proposed Rule Change on August 27, 2021.8 The Exchange withdrew First Proposed Rule Change on October 12, 2021 and re-submitted the proposal on October 29, 2021, with the proposed fee changes being effective beginning November 1, 2021 (‘‘Second Proposed Rule Change’’).9 The Second Proposed Rule Change provided additional justification for the proposed fee changes and addressed certain points raised in the single comment letter that was submitted on the First Proposed Rule Change. The Second Proposed Rule Change was published for comment in the Federal Register on November 17, 2021.10 The Commission received no comment letters on the Second Proposed Rule Change. Nonetheless, the Exchange withdrew the Second Proposed Rule Change on December 20, 2021 and submitted a revised proposal for immediate effectiveness (‘‘Third Proposed Rule Change’’).11 The Third Proposed Rule Change was published for comment in the Federal Register on January 10, 2022.12 The Third Proposed Rule Change meaningfully attempted to provide additional justification and explanation for the proposed fee changes, directly respond to the points raised in the single comment letter submitted on the First Proposed Rule Change, and respond to feedback provided by Commission Staff during a telephone conversation on November 18, 2021 relating to the Second Proposed Rule Change. Although the Commission again did not receive any comment letters on the Third Proposed 5 See Securities Exchange Act Release No. 92366 (July 9, 2021), 86 FR 37379 (SR–PEARL–2021–32). 6 See id. 7 See Letter from Richard J. McDonald, Susquehanna International Group, LLC (‘‘SIG’’), to Vanessa Countryman, Secretary, Commission, dated September 28, 2021 (‘‘SIG Letter’’). 8 See Securities Exchange Act Release No. 92797 (August 27, 2021), 86 FR 49399 (September 2, 2021). 9 See Securities Exchange Act Release No. 93555 (November 10, 2021), 86 FR 64254 (November 17, 2021) (SR–PEARL–2021–54). 10 See id. 11 Securities Exchange Act Release No. 93895 (January 4, 2022), 87 FR 1217 (January 10, 2022) (SR–PEARL–2021–59). 12 Id. E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10835-10837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03961]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94281; File No. SR-ICEEU-2022-005]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing and Immediate Effectiveness of Proposed Rule Change Relating 
to Amendments to the Rate of Return on Euro and Pound Sterling Cash 
Margin and Guaranty Fund Deposits

February 18, 2022.
    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 February 15, 2022, 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 primarily 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) 
thereunder,\4\ 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)(2).
---------------------------------------------------------------------------

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 amend the rate of return paid by the Clearing House on Euro 
(``EUR'') and Pound Sterling (``GBP'') cash margin and Guaranty Fund 
deposits. The proposed amendments do not involve any changes to the ICE 
Clear Europe Clearing Rules or Procedures.\5\
---------------------------------------------------------------------------

    \5\ 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 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
    (a) The purpose of the proposed rule changes is for ICE Clear 
Europe to [sic] its rate of return paid on EUR and GBP cash margin and 
Guaranty Fund deposits applicable to all Clearing Members for house and 
customer accounts. ICE Clear Europe pays a rate of return on cash 
deposited by Clearing

[[Page 10836]]

Members in respect of margin and Guaranty Fund requirements referred to 
as the ICE Deposit Rate (the ``IDR''). The IDR is calculated daily and 
applied to cash balances held at the close of business on the previous 
business day in respect of US Dollar (``USD''), EUR and GBP deposits. 
The IDR is calculated as the net income earned on cash deposits in the 
relevant currency (positive or negative) less a charge or spread. 
Currently, the spread for all currencies is 15 bps.
    (b) ICE Clear Europe is proposing to increase the spread for EUR 
balances from 15 bps to 25 bps and reduce the spread for GBP balances 
from 15 bps to 12 bps. The spread for USD balances would remain 
unchanged at 15 bps. ICE Clear Europe has determined that in light of 
financial market conditions, including repo rates available in the 
market, the current spread levels have provided an incentive for 
Clearing Members to provide EUR balances as compared to GBP balances, 
including by using EUR balances to cover margin obligations denominated 
in GBP. Such a practice by Clearing Members could result in reduced 
available liquidity for the Clearing House in GBP. To avoid such 
potential concerns, ICE Clear Europe believes it is appropriate to 
reduce the IDR on EUR balances (through a higher spread) while 
comparatively increasing the IDR on GBP balances (through a lower 
spread). ICE Clear Europe believes the change would better align the 
relative costs and benefits of using EUR and GBP to cover margin and 
Guaranty Fund obligations and thereby improve Clearing House liquidity 
management.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed rule changes are 
consistent with the requirements of the Act, including Section 17A of 
the Act \6\ and regulations thereunder applicable to it. In particular, 
Section 17A(b)(3)(D) of the Act \7\ requires that ``[t]he rules of the 
clearing agency provide for the equitable allocation of reasonable 
dues, fees and other charges among its participants''. ICE Clear Europe 
believes that the IDR, as proposed to be amended, would be reasonable 
and appropriate in light of market conditions, including available repo 
rates, for the relevant currencies. The proposed modifications would 
apply to all Clearing Members and other market participants who hold 
cash balances in EUR and GBP. Further, ICE Clear Europe has determined 
that the revised spreads would enhance GBP liquidity by providing a 
greater incentive for Clearing Members to provide GBP balance to 
satisfy GBP margin and Guaranty Fund obligations as compared to EUR 
balances. As such, in ICE Clear Europe's view, the amendments are 
consistent with the equitable allocation of reasonable dues, fees and 
other charges among its Clearing Members and other market participants, 
within the meaning of Section 17A(b)(3)(D) of the Act.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(D).
    \8\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    The proposed amendments are also consistent with the requirements 
of Section 17A(b)(3)(F) of the Act \9\ which requires, among other 
things, that ``[t]he rules of a clearing agency [. . .] are not 
designed to permit unfair discrimination in the admission of 
participants or among participants in the use of the clearing agency''. 
As noted above, the GBP and EUR spreads, as proposed to be amended, 
would apply on a currency level and would apply to all Clearing 
Members. The amendments would not otherwise change the ability of 
Clearing Members to post GBP and EUR in satisfaction of their 
obligations. As a result, the amendments would not result in any unfair 
discrimination among Clearing Members in their use of the Clearing 
House, within the meaning of Section 17A(b)(3)(F) of the Act.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1(b)(3)(F).
    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(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 purpose of the Act. Although ICE 
Clear Europe is revising certain spreads applied to the IDR, as set 
forth herein, it believes such changes are appropriate to align 
incentives for providing EUR and GBP deposits with general market 
conditions and to avoid potential reductions in GBP liquidity. Further, 
as discussed above, the changes to the spreads would be applied equally 
to all Clearing Members who deposit cash balances in EUR and GBP. ICE 
Clear Europe does not believe that the amendments would adversely 
affect the ability of such Clearing Members or other market 
participants generally to access clearing services. Further, ICE Clear 
Europe believes that the amendments would not otherwise affect 
competition among Clearing Members, adversely affect the market for 
clearing services or limit market participants' choices for obtaining 
clearing services. As a result, ICE Clear Europe does not believe the 
amendments would have any impact or impose any burden on competition 
that is not necessary or appropriate 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 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 
rule change.

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)(2) 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-2022-005 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-2022-005. 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

[[Page 10837]]

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-2022-005 and should be 
submitted on or before March 18, 2022.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-03961 Filed 2-24-22; 8:45 am]
BILLING CODE 8011-01-P


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