[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36560-36562]
[FR Doc No: 2022-13043]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95090; File No. SR-ICEEU-2022-013]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Amendments to Part HH of the ICE Clear Europe Delivery Procedures

June 13, 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 May 31, 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)(4)(ii)
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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe Limited (``ICE Clear Europe'' or the ``Clearing
House'') proposes to amend Part HH of its Delivery Procedures
(``Delivery

Procedures'' or ``Procedures'') to correct a drafting inconsistency.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe included
statements concerning the purpose of and basis for the proposed rule
change and discussed any comments it received on the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to amend Part HH of the Delivery
Procedures, which addresses delivery under the monthly ICE Endex French
PEG Natural Gas futures contract (``Monthly Contract''), and daily
futures contract with respect to the same underlying commodity (``Daily
Contract'') to correct an inconsistency in the delivery timetable for
routine deliveries of Daily Contracts. Currently, the delivery
timetable in Section 6.2 provides that for Daily Contracts Exchange for
Physicals (``EFPs'') and Exchange for Swaps (``EFSs'') may be posted up
to one hour following the cessation of trading. This is inconsistent
with existing Section 3.6, which provides that with respect to Daily
Contracts, EFPs and EFSs may be posted up to thirty minutes following
the cessation of trading. The proposed amendment would change the
delivery timetable to be consistent with Section 3.6, which sets forth
the correct deadline.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendment to the
Delivery Procedures is consistent with the requirements of Section 17A
of the Act \5\ and the regulations thereunder applicable to it. In
particular, Section 17A(b)(3)(F) of the Act \6\ requires, among other
things, that the rules of a clearing agency be designed to promote the
prompt and accurate clearance and settlement of securities transactions
and, to the extent applicable, derivative agreements, contracts, and
transactions, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest.
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    \5\ 15 U.S.C. 78q-1.
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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    As discussed above, the amendment would modify Part HH of the
Delivery Procedures in order to correct an inconsistency regarding the
deadline for submission of EFPs and EFSs with respect to Daily
Contracts. In ICE Clear Europe's view the amendment would thus
facilitate the clearing membership process, and related risk management
by the Clearing House. The amendments would therefore facilitate the
prompt and accurate clearing of cleared contracts and protect investors
and the public interest in the sound operations of the Clearing House,
consistent with the requirement s of Section 17A(b)(3)(F).\7\ Further,
the amendment will not affect the safeguarding of securities and funds
in the custody or control of the Clearing House or for which it is
responsible, within the meaning Section 17A(b)(3)(F).\8\
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    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
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    The proposed amendment is also consistent with relevant provisions
of Rule 17Ad-22.\9\ Rule 17Ad-22(e)(10) \10\ provides that, ``[e]ach
covered clearing agency shall establish, implement, maintain and
enforce written policies and procedures reasonable designed to, as
applicable [. . .] establish and maintain transparent written standards
that state its obligations with respect to the delivery of physical
instruments, and establish and maintain operational practices that
identify, monitor and manage the risks associated with such physical
deliveries.'' The proposed amendment, which would correct an
inconsistency regarding the deadline for submission of EFPs and EFSs
with respect to Daily Contracts, would not otherwise change the
delivery terms and conditions for the Daily Contracts or otherwise
affect the ICE Clear Europe's existing financial resources, risk
management, systems and operational arrangements supporting delivery.
The amendment thus appropriately clarifies the role and
responsibilities of the Clearing House and Clearing Members with
respect to physical delivery. As a result, ICE Clear Europe believes
the amendment is consistent with the requirements of Rule 17Ad-
22(e)(10).\11\
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    \9\ 17 CFR 240.17Ad-22.
    \10\ 17 CFR 240.17Ad-22(e)(10).
    \11\ 17 CFR 240.17Ad-22(e)(10).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendment would have
any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
amendment to the Delivery Procedures is intended to correct an
inconsistency in the delivery timetable for routine deliveries of Daily
Contracts. ICE Clear Europe does not believe that the amendment would
adversely affect competition among Clearing Members, materially affect
the cost of clearing, adversely affect access to clearing for Clearing
Members or their customers, or otherwise adversely affect competition
in clearing services. Accordingly, ICE Clear Europe does not believe
that the amendment would impose any impact or burden on competition
that is not appropriate in furtherance of the purpose of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendment has 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 \12\ and paragraph (f) of Rule 19b-4 \13\
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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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
File Number SR-ICEEU-2022-013 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-2022-013. 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 (http://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-2022-013 and should be
submitted on or before July 8, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-13043 Filed 6-16-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Notices]
[Page 44835-44836]
[DOCID:fr29jy10-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62555; File No. SR-BX-2010-051]

 Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Extending
the Pilot Period for Boston Options Exchange To Receive Inbound Routes
of Orders From Nasdaq Options Services

July 22, 2010.
    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 July 21, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II, below, which Items
have been prepared by the Exchange. The Exchange has designated the
proposed rule change as constituting a non-controversial rule change
under Rule 19b-4(f)(6) under the Act,\3\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange submits this proposed rule change to extend the pilot
period of the Exchange's prior approval for Boston Options Exchange
(``BOX'') to receive inbound routes of certain option orders from
Nasdaq Options Services, LLC (``NOS'') through November 17, 2010.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, NOS is the approved outbound routing facility of the
NASDAQ Exchange for NOM, providing outbound routing from NOM to other
market centers.\4\ The Exchange and the NASDAQ Exchange have previously
adopted rules to permit BOX to receive inbound routes of certain option
orders by NOS in its capacity as an order routing facility of the
NASDAQ Exchange for NOM.\5\ The Exchange specifically has adopted a
rule to prevent potential informational advantages resulting from the
affiliation between BOX and NOS, as related to NOS's authority to route
certain orders from NOM to BOX without checking the NOM book prior to
routing.\6\ NOS's authority to route these orders to BOX is subject to
a pilot period ending August 16, 2010.\7\ The Exchange hereby seeks to
extend the previously approved pilot period (with the attendant
obligations and conditions) for an additional 3 months, through
November 17, 2010.
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    \4\ NOM Rule Chapter VI, Section 11(c). Under NOM Rule Chapter
VI, Section 11(c): (1) NOM routes orders in options via NOS, which
serves as the sole ``routing facility'' of NOM; (2) the sole
function of the routing facility is to route orders in options to
away markets pursuant to NOM rules, solely on behalf of NOM; (3) NOS
is a member of an unaffiliated self-regulatory organization, which
is the designated examining authority for the broker-dealer; (4) the
routing facility is subject to regulation as a facility of the
NASDAQ Exchange, including the requirement to file proposed rule
changes under Section 19 of the Act; (5) use of NOS to route order
to other market centers is optional; (6) NOM must establish and
maintain procedures and internal controls reasonably designed to
adequately restrict the flow of confidential and proprietary
information between the NASDAQ Exchange and its facilities
(including the routing facility), and any other entity; and (7) the
books, records, premises, officers, directors, agents, and employees
of the routing facility, as a facility of the NASDAQ Exchange, shall
be subject at all times to inspection and copying by the NASDAQ
Exchange and the Commission.
    \5\ See Securities Exchange Act Release No. 60349 (July 20,
2009), 74 FR 37071 (July 27, 2009) (SR-BX-2009-035); Securities
Exchange Act Release No. 60354 (July 21, 2009), 74 FR 37074 (July
27, 2009) (SR-NASDAQ-2009-065).
    \6\ See Chapter XXXIX, Section 2(c) of the Grandfathered Rules
of the Exchange.
    \7\ See Securities Exchange Act Release No. 60349 (July 20,
2009), 74 FR 37071 (July 27, 2009) (SR-BX-2009-035).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and with
Section 6(b)(5) of the Act,\9\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Specifically,
the proposed rule change will allow BOX to continue receiving inbound
routes of equities orders from NOS, acting in its capacity as a
facility of the NASDAQ Exchange, in a manner consistent with prior
approvals and established protections. The Exchange believes that
extending the previously approved pilot period for three months is of
sufficient length to permit both the

Exchange and the Commission to assess the impact of the Exchange's
authority to permit BOX to receive direct inbound routes of certain
option orders via NOS (including the attendant obligations and
conditions).
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\12\
However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Exchange notes that
the proposal will allow BOX to continue receiving inbound routes of
equities orders from NOS, in a manner consistent with prior approvals
and established protections, while also permitting the Exchange and the
Commission to assess the impact of the pilot.\14\ The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would allow the pilot period to be extended without interruption delay
through November 17, 2010. For this reason, the Commission designates
the proposed rule change to be operative upon filing with the
Commission.\15\
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    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
    \13\ Id.
    \14\ See supra Section II.A.2.
    \15\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate 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 (http://
www.sec.gov/rules/sro.shtml ); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2010-051 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2010-051. This file
number should be included on the subject line if e-mail 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 Web site (http://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 Web site viewing and printing in
the Commission's Public Reference Room on official business days
between the hours of 10 a.m. and 3 p.m. Copies of such filing also will
be available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2010-051 and should be submitted on or before August 19, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-18573 Filed 7-28-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Page 70429]
[FR Doc No: 2016-24643]

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DEPARTMENT OF HOMELAND SECURITY

United States Coast Guard (USCG)

[USCG-2016-0821]

Cook Inlet Regional Citizen's Advisory Council (CIRCAC) Charter
Renewal

AGENCY: Coast Guard, DHS.

ACTION: Notice of Recertification.

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SUMMARY: The purpose of this notice is to inform the public that the
Coast Guard has recertified the Cook Inlet Regional Citizen's Advisory
Council (CIRCAC) as an alternative voluntary advisory group for Cook
Inlet, Alaska. This certification allows the CIRCAC to monitor the
activities of terminal facilities and crude oil tankers under the Cook
Inlet Program established by statute.

DATES: This recertification is effective for the period from September
1, 2016 through August 31, 2017.

FOR FURTHER INFORMATION CONTACT: LT Patrick Grizzle, Seventeenth Coast
Guard District (dpi), by phone at<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or by mail at P.O. Box 25517, Juneau, Alaska
99802.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    As part of the Oil Pollution Act of 1990, Congress passed the Oil
Terminal and Oil Tanker Environmental Oversight and Monitoring Act of
1990 (the Act), 33 U.S.C. 2732, to foster a long-term partnership among
industry, government, and local communities in overseeing compliance
with environmental concerns in the operation of crude oil terminals and
oil tankers.
    On October 18, 1991, the President delegated his authority under 33
U.S.C 2732 (o) to the Secretary of Transportation in Executive Order
12777, section 8(g) (see 56 FR 54757; October 22, 1991) for purposes of
certifying advisory councils, or groups, subject to the Act. On March
3, 1992, the Secretary re-delegated that authority to the Commandant of
the USCG (see 57 FR 8582; March 11, 1992). The Commandant re-delegated
that authority to the Chief, Office of Marine Safety, Security and
Environmental Protection (G-M) on March 19, 1992 (letter #5402).
    On July 7, 1993, the USCG published a policy statement, 58 FR
36504, to clarify the factors that shall be considered in making the
determination as to whether advisory councils, or groups, should be
certified in accordance with the Act.
    The Assistant Commandant for Marine Safety and Environmental
Protection (G-M), re-delegated recertification authority for advisory
councils, or groups, to the Commander, Seventeenth Coast Guard District
on February 26, 1999 (letter #16450).
    On September 16, 2002, the USCG published a policy statement, 67 FR
58440, that changed the recertification procedures such that applicants
are required to provide the USCG with comprehensive information every
three years (triennially). For each of the two years between the
triennial application procedures, applicants submit a letter requesting
recertification that includes a description of any substantive changes
to the information provided at the previous triennial recertification.
Further, public comment is not solicited prior to recertification
during streamlined years, only during the triennial comprehensive
review.
    On September 1, 2015, the Coast Guard recertified the Cook Inlet
Regional Citizen's Advisory Council through August 31, 2016. Under the
Oil Terminal and Oil Tanker Environmental Oversight Act of 1990 (33
U.S.C. 2732), the Coast Guard may certify, on an annual basis, an
alternative voluntary advisory group for Cook Inlet, Alaska. This
advisory group monitors the activities of terminal facilities and crude
oil tankers under the Cook Inlet Program established by Congress, 33
U.S.C. 2732 (b).

Recertification

    By letter dated August 19, 2016, the Commander, Seventeenth Coast
Guard certified that the CIRCAC qualifies as an alternative voluntary
advisory group under 33 U.S.C. 2732(o). This recertification terminates
on August 31, 2017.

    Dated: August 19, 2016.
M.F. Mcallister,
Rear Admiral, U.S. Coast Guard Commander, Seventeenth Coast Guard
District.
[FR Doc. 2016-24643 Filed 10-11-16; 8:45 am]
BILLING CODE 9110-04-P