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]
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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
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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
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Analysis
Agency: Healthcare and Insurance,
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OMB Number: 3206–0274.
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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
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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
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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).
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16:44 Feb 24, 2022
9 15
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PO 00000
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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.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml) or
Send an email to [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\
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\13\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-03961 Filed 2-24-22; 8:45 am]
BILLING CODE 8011-01-P