81_FR_57797 81 FR 57634 - Sunshine Act Meeting

81 FR 57634 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range57634-57635
FR Document2016-20214

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Notices]
[Pages 57634-57635]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20214]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a closed meeting on Thursday, August 
25, 2016 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the closed meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or her designee, has 
certified that, in her opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit 
consideration of the scheduled matter at the closed meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items 
listed for the closed meeting in closed session.
    The subject matter of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.

[[Page 57635]]

    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact Brent J. Fields from 
the Office of the Secretary at (202) 551-5400.

    Dated: August 18, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-20214 Filed 8-19-16; 11:15 am]
 BILLING CODE 8011-01-P



                                                57634                          Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices

                                                C. Self-Regulatory Organization’s                         operative delay and designates the                   Washington, DC 20549 on official
                                                Statement on Comments on the                              proposal operative upon filing.17                    business days between the hours of
                                                Proposed Rule Change Received From                           At any time within 60 days of the                 10:00 a.m. and 3:00 p.m. Copies of the
                                                Members, Participants, or Others                          filing of the proposed rule change, the              filing also will be available for
                                                                                                          Commission summarily may                             inspection and copying at the principal
                                                  No written comments were solicited                      temporarily suspend such rule change if              office of the Exchange. All comments
                                                or received with respect to the proposed                  it appears to the Commission that such               received will be posted without change;
                                                rule change.                                              action is necessary or appropriate in the            the Commission does not edit personal
                                                III. Date of Effectiveness of the                         public interest, for the protection of               identifying information from
                                                Proposed Rule Change and Timing for                       investors, or otherwise in furtherance of            submissions. You should submit only
                                                Commission Action                                         the purposes of the Act. If the                      information that you wish to make
                                                                                                          Commission takes such action, the                    available publicly. All submissions
                                                   The Exchange has filed the proposed                    Commission shall institute proceedings               should refer to File Number SR–
                                                rule change pursuant to Section                           to determine whether the proposed rule               NYSEArca–2016–113 and should be
                                                19(b)(3)(A) of the Act 11 and Rule 19b–                   change should be approved or                         submitted on or before September 12,
                                                4(f)(6) thereunder.12 Because the                         disapproved.                                         2016.
                                                proposed rule change does not: (i)                                                                               For the Commission, by the Division of
                                                Significantly affect the protection of                    IV. Solicitation of Comments
                                                                                                                                                               Trading and Markets, pursuant to delegated
                                                investors or the public interest; (ii)                      Interested persons are invited to                  authority.18
                                                impose any significant burden on                          submit written data, views, and                      Brent J. Fields,
                                                competition; and (iii) become operative                   arguments concerning the foregoing,                  Secretary.
                                                prior to 30 days from the date on which                   including whether the proposed rule
                                                                                                                                                               [FR Doc. 2016–20062 Filed 8–22–16; 8:45 am]
                                                it was filed, or such shorter time as the                 change is consistent with the Act.
                                                                                                                                                               BILLING CODE 8011–01–P
                                                Commission may designate, if                              Comments may be submitted by any of
                                                consistent with the protection of                         the following methods:
                                                investors and the public interest, the                                                                         SECURITIES AND EXCHANGE
                                                                                                          Electronic Comments
                                                proposed rule change has become                                                                                COMMISSION
                                                effective pursuant to Section 19(b)(3)(A)                    • Use the Commission’s Internet
                                                of the Act 13 and Rule 19b–4(f)(6)                        comment form (http://www.sec.gov/                    Sunshine Act Meeting
                                                thereunder.14                                             rules/sro.shtml); or
                                                   A proposed rule change filed under                        • Send an email to rule-comments@                    Notice is hereby given, pursuant to
                                                Rule 19b–4(f)(6) 15 normally does not                     sec.gov. Please include File Number SR–              the provisions of the Government in the
                                                become operative prior to 30 days after                   NYSEArca–2016–113 on the subject                     Sunshine Act, Public Law 94–409, that
                                                the date of the filing. However, pursuant                 line.                                                the Securities and Exchange
                                                to Rule 19b4(f)(6)(iii),16 the Commission                 Paper Comments                                       Commission will hold a closed meeting
                                                may designate a shorter time if such                                                                           on Thursday, August 25, 2016 at 2 p.m.
                                                                                                             • Send paper comments in triplicate                  Commissioners, Counsel to the
                                                action is consistent with the protection
                                                                                                          to Brent J. Fields, Secretary, Securities            Commissioners, the Secretary to the
                                                of investors and the public interest. The
                                                                                                          and Exchange Commission, 100 F Street                Commission, and recording secretaries
                                                Exchange has asked the Commission to
                                                                                                          NE., Washington, DC 20549–1090.                      will attend the closed meeting. Certain
                                                waive the 30-day operative delay so that
                                                the proposed rule change may become                       All submissions should refer to File                 staff members who have an interest in
                                                operative before the expiration of the                    Number SR–NYSEArca–2016–113. This                    the matters also may be present.
                                                                                                          file number should be included on the                   The General Counsel of the
                                                current pilot period. The Commission
                                                                                                          subject line if email is used. To help the           Commission, or her designee, has
                                                believes that waiving the 30-day
                                                                                                          Commission process and review your                   certified that, in her opinion, one or
                                                operative delay is consistent with the
                                                                                                          comments more efficiently, please use                more of the exemptions set forth in 5
                                                protection of investors and the public
                                                                                                          only one method. The Commission will                 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                                interest, because waiver would allow
                                                                                                          post all comments on the Commission’s                and 17 CFR 200.402(a)(3), (a)(5), (a)(7),
                                                the pilot period to continue
                                                                                                          Internet Web site (http://www.sec.gov/               (a)(9)(ii) and (a)(10), permit
                                                uninterrupted after its current
                                                                                                          rules/sro.shtml). Copies of the                      consideration of the scheduled matter at
                                                expiration date of August 31, 2016,
                                                                                                          submission, all subsequent                           the closed meeting.
                                                thereby avoiding any potential investor                                                                           Commissioner Piwowar, as duty
                                                confusion that could result from                          amendments, all written statements
                                                                                                          with respect to the proposed rule                    officer, voted to consider the items
                                                temporary interruption in the pilot                                                                            listed for the closed meeting in closed
                                                program. For this reason, the                             change that are filed with the
                                                                                                          Commission, and all written                          session.
                                                Commission hereby waives the 30-day                                                                               The subject matter of the closed
                                                                                                          communications relating to the
                                                                                                          proposed rule change between the                     meeting will be:
                                                  11 15  U.S.C. 78s(b)(3)(A).
                                                                                                          Commission and any person, other than                   Institution and settlement of
                                                  12 17  CFR 240.19b–4(f)(6).
                                                   13 15 U.S.C. 78s(b)(3)(A).                             those that may be withheld from the                  injunctive actions;
                                                                                                                                                                  Institution and settlement of
                                                   14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–      public in accordance with the
                                                                                                                                                               administrative proceedings;
                                                4(f)(6)(iii) requires the Exchange to give the            provisions of 5 U.S.C. 552, will be
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                                                Commission written notice of the Exchange’s intent                                                                Resolution of litigation claims; and
                                                                                                          available for Web site viewing and                      Other matters relating to enforcement
                                                to file the proposed rule change, along with a brief
                                                description and text of the proposed rule change,         printing in the Commission’s Public                  proceedings.
                                                at least five business days prior to the date of filing   Reference Room, 100 F Street NE.,                       At times, changes in Commission
                                                of the proposed rule change, or such shorter time
                                                as designated by the Commission. The Exchange               17 For purposes only of waiving the 30-day
                                                                                                                                                               priorities require alterations in the
                                                has satisfied this requirement.                           operative delay, the Commission has considered the   scheduling of meeting items.
                                                   15 17 CFR 240.19b–4(f)(6).
                                                                                                          proposed rule’s impact on efficiency, competition,
                                                   16 17 CFR 240.19b–4(f)(6)(iii).                        and capital formation. See 15 U.S.C. 78c(f).           18 17   CFR 200.30–3(a)(12).



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                                                                              Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices                                          57635

                                                  For further information and to                        concerning the purpose of and basis for               further clarified and a new definition of
                                                ascertain what, if any, matters have been               the proposed rule changes. The text of                Invoice Period has been added, which is
                                                added, deleted or postponed, please                     these statements may be examined at                   used to determine the revised timing of
                                                contact Brent J. Fields from the Office of              the places specified in Item IV below.                various settlement requirements. These
                                                the Secretary at (202) 551–5400.                        ICE Clear Europe has prepared                         changes are consistent with the
                                                  Dated: August 18, 2016.                               summaries, set forth in sections A, B,                approach used for other natural gas
                                                Brent J. Fields,                                        and C below, of the most significant                  contracts cleared by ICE Clear Europe.
                                                                                                        aspects of such statements.                           In paragraph 6, several amendments
                                                Secretary.
                                                                                                                                                              have been made to settlement
                                                [FR Doc. 2016–20214 Filed 8–19–16; 11:15 am]            A. Self-Regulatory Organization’s                     timetables, including to shorten certain
                                                BILLING CODE 8011–01–P                                  Statement of the Purpose of, and                      periods for payment and release of
                                                                                                        Statutory Basis for, the Proposed Rule                relevant security or delivery margin.
                                                                                                        Change                                                Under the revised Delivery Procedures,
                                                SECURITIES AND EXCHANGE
                                                                                                        1. Purpose                                            payment for completed deliveries will
                                                COMMISSION
                                                                                                                                                              be made on the second clearing day
                                                                                                           The purpose of the rule changes is to
                                                [Release No. 34–78604; File No. SR–ICEEU–                                                                     following the relevant delivery day, and
                                                2016–009]                                               modify the ICE Clear Europe Delivery
                                                                                                                                                              buyer’s margin will also be released on
                                                                                                        Procedures relating to the settlement of
                                                                                                                                                              such day. Timing for delivery of
                                                Self-Regulatory Organizations; ICE                      UK natural gas spot contracts and
                                                                                                                                                              relevant invoice details has been tied to
                                                Clear Europe Limited; Notice of Filing                  European emissions contracts. The
                                                                                                                                                              the new Invoice Period definition. In
                                                and Immediate Effectiveness of a                        natural gas spot contracts, specifically              connection with the revised (and
                                                Proposed Rule Change Relating to the                    the ICE Endex UK OCM Natural Gas                      shorter) settlement cycle, the
                                                Settlement of UK Spot Natural Gas                       Spot Contracts (‘‘UK OCM Natural Gas                  amendments also eliminate the concept
                                                Contracts and European Emissions                        Spot Contracts’’), are traded on the ICE              of contingent credits made for prior
                                                Contracts                                               Endex market and cleared by ICE Clear                 deliveries. Revised paragraph 7 clarifies
                                                                                                        Europe. The European emissions futures                the treatment of failed deliveries,
                                                August 17, 2016.                                        contracts (‘‘European Emissions
                                                   Pursuant to Section 19(b)(1) of the                                                                        including the ability of the Clearing
                                                                                                        Contracts’’) are traded on the ICE                    House to require additional delivery
                                                Securities Exchange Act of 1934                         Futures Europe market and cleared by
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                       margin from the buyer and seller, and
                                                                                                        ICE Clear Europe. ICE Clear Europe does               the timing of ultimate payment in
                                                notice is hereby given that on August 3,                not otherwise propose to amend its
                                                2016, ICE Clear Europe Limited (‘‘ICE                                                                         respect of a prior month’s failed
                                                                                                        clearing rules or procedures in                       deliveries. Certain reporting
                                                Clear Europe’’ or ‘‘Clearing House’’)                   connection with these changes.
                                                filed with the Securities and Exchange                                                                        responsibilities and deadlines in
                                                                                                           ICE Clear Europe submits revisions to              paragraph 8 are also clarified in light of
                                                Commission (‘‘Commission’’) the                         Parts A and E of the Delivery
                                                proposed rule changes described in                                                                            the adoption of the Invoice Period
                                                                                                        Procedures. The text of the proposed                  concept.
                                                Items I, II and III below, which Items                  Delivery Procedure amendments is
                                                have been prepared primarily by ICE                     attached in Exhibit 5, with additions                 2. Statutory Basis
                                                Clear Europe. ICE Clear Europe filed the                underlined and deletions in                              ICE Clear Europe believes that the
                                                proposed rule change pursuant to                        strikethrough text.                                   proposed rule changes are consistent
                                                Section 19(b)(3)(A) of the Act,3 and Rule                  In Part A of the Delivery Procedures,              with the requirements of Section 17A of
                                                19b–4(f)(4)(ii) 4 thereunder, so that the               which applies to the European                         the Act 5 and the regulations thereunder
                                                proposal was effective upon filing with                 Emissions Contracts, a new paragraph 4                applicable to it, including the standards
                                                the Commission. The Commission is                       has been added to specify the                         under Rule 17Ad–22,6 and in particular
                                                publishing this notice to solicit                       requirements on buyers and sellers                    are consistent with the prompt and
                                                comments on the proposed rule change                    under the relevant contracts to provide               accurate clearance and settlement of
                                                from interested persons.                                delivery margin (and subsequent                       securities transactions and derivative
                                                I. Self-Regulatory Organization’s                       paragraphs have been renumbered). The                 agreements, contracts and transactions
                                                Statement of the Terms of Substance of                  delivery timetable in paragraph 5 and                 cleared by ICE Clear Europe, the
                                                the Proposed Rule Change                                documentation requirements in                         safeguarding of securities and funds in
                                                                                                        paragraph 9 have been amended to                      the custody or control of ICE Clear
                                                   The principal purpose of the changes
                                                                                                        remove references to the ICE Registry                 Europe and the protection of investors
                                                is to amend certain provisions of the ICE
                                                                                                        Account Notification Form, which is no                and the public interest, within the
                                                Clear Europe Delivery Procedures
                                                                                                        longer required. The amendments to the                meaning of Section 17A(b)(3)(F) of the
                                                relating to the settlement of UK spot
                                                                                                        delivery timetable in paragraph 5 also                Act.7 Specifically, the amendments are
                                                natural gas contracts and European
                                                                                                        clarify the timing of requirements to                 designed to enhance the procedures for
                                                emissions contracts that are cleared by
                                                                                                        provide delivery margin and the timing                settlement of the UK OCM Natural Gas
                                                ICE Clear Europe.
                                                                                                        for the buyer to pay the full contract                Spot Contracts and European Emissions
                                                II. Self-Regulatory Organization’s                      value to the Clearing House and for the               Contracts. Among other changes, with
                                                Statement of the Purpose of, and                        Clearing House to remit the full contract             respect to the UK OCM Natural Gas
                                                Statutory Basis for, the Proposed Rule                  value to the applicable seller. The                   Contracts, the amendments will shorten
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                                                Change                                                  delivery timetable has been further                   the settlement cycle and facilitate
                                                   In its filing with the Commission, ICE               revised to change the deadlines for                   prompt payment for completed
                                                Clear Europe included statements                        submission of certain delivery-related                deliveries. This will, in turn, reduce
                                                                                                        forms to the Clearing House.                          settlement risk. The amendments will
                                                  1 15 U.S.C. 78s(b)(1).                                   In Part E of the Delivery Procedures,
                                                  2 17 CFR 240.19b–4.                                   which applies to the UK OCM Natural                     5 15 U.S.C. 78q–1.
                                                  3 15 U.S.C. 78s(b)(3)(A).                             Gas Spot Contracts, in paragraph 1 the                  6 17 CFR 240.17Ad–22.
                                                  4 17 CFR 240.19b–4(f)(4)(ii).                         definition of Delivery Month has been                   7 15 U.S.C. 78q–1(b)(3)(F).




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Document Created: 2018-02-09 11:40:32
Document Modified: 2018-02-09 11:40:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 57634 

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