83 FR 551 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Amendments to the ICE Clear Europe Clearing Procedures for the Exercise of F&O Options Contracts
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 3 (January 4, 2018)
Federal Register Volume 83, Issue 3 (January 4, 2018)
| Page Range | 551-553 | |
| FR Document | 2017-28437 |
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)] [Notices] [Pages 551-553] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28437] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82415; File No. SR-ICEEU-2017-015] Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Amendments to the ICE Clear Europe Clearing Procedures for the Exercise of F&O Options Contracts December 28, 2017. 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 December 20, 2017, ICE Clear Europe Limited (``ICE Clear Europe'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule changes described in Items I, II, and III below, which Items have been primarily prepared 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\ so that the proposal was immediately effective upon filing with the Commission. The Commission is publishing this notice to solicit [[Page 552]] 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)(4)(ii). --------------------------------------------------------------------------- I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change, Security-Based Swap Submission, or Advance Notice The principal purpose of the proposed amendments is to modify certain provisions of the ICE Clear Europe Procedures (the ``Procedures'') \5\ applicable to the exercise of F&O option contracts in order to align the Procedures with recent changes to ICE Futures Europe (the ``Exchange'' or ``IFEU'') rules for certain energy option contracts (the ``Affected Contracts'').\6\ --------------------------------------------------------------------------- \5\ Capitalized terms used but not defined herein have the meanings specified in the Procedures or the ICE Clear Europe Clearing Rules. \6\ These contracts include ICE Futures West Texas Intermediate Light Sweet Crude Oil Options Contract; ICE Futures West Texas Intermediate Light Sweet Crude Oil (CAD Denominated) Options Contract; ICE Futures West Texas Intermediate Light Sweet Crude Oil Weekly Options Contract; ICE Futures New York Harbour Heating Oil Options Contract; and ICE Futures New York Harbour Unleaded Gasoline Blendstock (RBOB) Options Contract. --------------------------------------------------------------------------- II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change, Security-Based Swap Submission or Advance Notice 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, Security-Based Swap Submission or Advance Notice (a) Purpose The purpose of the proposed changes is to amend certain provisions of the Procedures applicable to the exercise of F&O option contracts in order to align the Procedures with changes to the Exchange rules for the Affected Contracts. The amendments to the Procedures principally address the following matters: Exercise of At-The-Money Options The Procedures are being revised to contemplate automatic exercise of call options that are at-the-money on the expiration date, where the relevant Exchange contract specifications so provide. Exercise Instructions on the Expiration Date The Procedures are also being revised to contemplate that some options cannot be electively (as opposed to automatically) exercised or abandoned on the expiration date, where the relevant Exchange contract specifications so provide. Both sets of changes are intended to be consistent with the revised contract specifications for the Affected Contracts, which will feature automatic exercise of at-the-money call options and limitations on elective exercise on the expiration date. The amendments to the Procedures also contain various other updates and clarifications to option exercise procedures. The specified changes being made to the Procedures are as follows: In paragraph 5.1, a definition of `At The Money' has been added. Several provisions have been updated to change terminology from ``manual exercise'' to ``elective exercise'' and clarify that elective exercise instructions or other notices may be submitted electronically in accordance with relevant technical specifications in effect (including via API) as well as manually via the ICE systems. These include paragraphs 5.2(b)(i), 5.3(a), 5.3(b), 5.4(a), 5.4(b) and 5.5(c). Paragraph 5.2(c) has been revised to provide that the default settings to be applied for purpose of automatic exercise will be specified in the contract terms of the Exchange. In paragraph 5.3(b), a clarification has been made that that this section refers to early exercise only. In paragraph 5.5(b), amendments have been made to reflect that Exchange contract terms may state that automatic exercise will apply to at-the-money options, as discussed above. In paragraph 5.5(d), an unnecessary statement concerning consequences of failure to contact the clearing house regarding exercise difficulties has been removed. In paragraph 5.6, text has been added to include the determination of whether options are at and out of the money. Examples in paragraph 5.6(b) have been removed as unnecessary and outdated in light of the current changes. Paragraph 5.7(a) has been amended to provide that the Exchange contract terms for a particular option will determine whether elective exercise and/or abandon notifications can be submitted on the relevant expiry date, as discussed above. In paragraph 5.7(b), minor changes have been made to improve and correct wording and report names. (b) Statutory Basis ICE Clear Europe believes that the proposed amendments are consistent with the requirements of Section 17A of the Act \7\ and the regulations thereunder applicable to it, including the standards under Rule 17Ad-22.\8\ --------------------------------------------------------------------------- \7\ 15 U.S.C. 78q-1. \8\ 17 CFR 240.17Ad-22. --------------------------------------------------------------------------- Section 17A(b)(3)(F) of the Act \9\ 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. The proposed amendments align exercise procedures for F&O option contracts with recent changes to relevant Exchange rules, and make certain other updates to such procedures. Specifically, the amendments revise exercise procedures to permit automatic exercise of at-the-money call options and to provide limitations on elective exercise on expiry day, where provided in the Exchange rules. The changes thus facilitate prompt and accurate clearance and settlement of F&O option contracts, consistent with the relevant exchange rules. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78q-1(b)(3)(F). --------------------------------------------------------------------------- In addition, Rule 17Ad-22(e)(21) \10\ requires that each covered clearing agency establish, implement, maintain and enforce written policies and procedures reasonably designed to be efficient and effective in meeting the requirements of its participants and the markets it serves, among other matters. As discussed above, the amendments update exercise procedures with respect to option contracts to more effectively meet the requirements of its participants and the F&O option markets served by ICE Clear Europe, and align with particular Exchange rules. --------------------------------------------------------------------------- \10\ 17 CFR 240.17Ad-22(e)(21)(i) and (iv). --------------------------------------------------------------------------- (B) Clearing Agency's Statement on Burden on Competition ICE Clear Europe does not believe the proposed amendments would have any impact, or impose any burden, on competition not necessary or appropriate in furtherance of the purposes of the Act. The amendments modify certain provisions of the [[Page 553]] Procedures applicable to the exercise of options to align the Procedures with recent changes to the Exchange rules, and to make certain other clarifications and updates. ICE Clear Europe does not believe the amendments would affect competition among clearing members or adversely affect the cost of clearing, the market for clearing services generally or access to clearing in these products by clearing members or other market participants. (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 amendments. III. Date of Effectiveness of the Proposed Rule Change, Security-Based Swap Submission and Advance Notice and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(4)(ii) \12\ thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 17 CFR 240.19b-4(f)(4)(ii). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, security-based swap submission or advance notice is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or Send an email to rule-comments@sec.gov. Please include File Number SR-ICEEU-2017-015 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-2017-015. 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, security-based swap submission or advance notice that are filed with the Commission, and all written communications relating to the proposed rule change, security-based swap submission or advance notice 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 Section, 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/notices/Notices.shtml?regulatoryFilings. 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-2017-015 and should be submitted on or before January 25, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2017-28437 Filed 1-3-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices 551
has represented that notwithstanding finds that such proposed changes will including Section 17A(b)(3)(F) of the
the creation of standard omnibus help ensure that ICE Clear Europe’s Act.
indirect accounts for FCM/BD Clearing policies and procedures provide for a
V. Conclusion
Members that will be made available as well-founded, clear, transparent, and
position-keeping subaccounts of the enforceable legal basis for each aspect of On the basis of the foregoing, the
existing customer accounts, the Swap its activities in all relevant jurisdictions, Commission finds that the proposal is
Customer Account is not currently consistent with Rule 17Ad–22(e)(1).36 consistent with the requirements of the
available for use by FCM/BD Clearing Act and in particular with the
Members for customer positions in CDS c. Other Provisions requirements of Section 17A of the
Contracts (including CDS Contracts that With respect to the proposed rule Act 40 and the rules and regulations
are security-based swaps).32 The changes amending ICE Clear Europe’s thereunder.
Commission relies on these particular Rules to implement new definitions for It is therefore ordered pursuant to
representations and explanations by ICE ‘‘Emission Allowance’’ and ‘‘Emissions Section 19(b)(2) of the Act 41 that the
Clear Europe. Consequently, the Registry’’, as well as certain related proposed rule change (SR–ICEEU–2017–
Commission believes that the proposed conforming and clarifying edits, and the 014) be, and hereby is, approved on an
rule changes regarding Indirect Clearing proposed changes to the Clearing accelerated basis.42
facilitate ICE Clear Europe’s ability to Procedures to rename ICE Clear For the Commission, by the Division of
comply with regulatory requirements in Europe’s ‘‘Market Maker Programs’’ as Trading and Markets, pursuant to delegated
the jurisdictions in which it operates, ‘‘Liquidity Provider Programs’’ and to authority.43
and help ensure that ICE Clear Europe’s rename the relevant position keeping Robert W. Errett,
policies and procedures provide for a accounts accordingly, the Commission Deputy Secretary.
well-founded, clear, transparent, and believes that the proposed rule changes [FR Doc. 2017–28493 Filed 1–3–18; 8:45 am]
enforceable legal basis for each aspect of will better enable ICE Clear Europe to BILLING CODE 8011–01–P
its activities in all relevant jurisdictions, maintain consistency with the relevant
consistent with the requirements of Rule provisions of MiFID II, thereby helping
17Ad–22(e)(1).33 to ensure that ICE Clear Europe’s SECURITIES AND EXCHANGE
b. Straight-Through Processing policies and procedure provide for a COMMISSION
well-founded, clear, transparent, and
The Commission understands that ICE
enforceable legal basis for each aspect of [Release No. 34–82415; File No. SR–ICEEU–
Clear Europe is required under relevant 2017–015]
its activities in all relevant jurisdictions.
provisions of MiFID II to implement
As a result, the Commission finds that
certain provisions regarding straight- Self-Regulatory Organizations; ICE
such proposed rule changes are
through processing. The Commission Clear Europe Limited; Notice of Filing
consistent with the requirements of Rule
believes that the proposed rule changes and Immediate Effectiveness of a
17Ad–22(e)(1).37
regarding straight-through processing Proposed Rule Change Relating to
will better enable ICE Clear Europe to In its filing, ICE Clear Europe
Amendments to the ICE Clear Europe
ensure that transactions are submitted, requested that the Commission grant
Clearing Procedures for the Exercise
accepted, and cleared without undue accelerated approval of the proposed
of F&O Options Contracts
delay. Therefore, the Commission finds rule change pursuant to Section
that the proposed rule changes 19(b)(2)(C)(iii) of the Exchange Act.38 December 28, 2017.
regarding straight-through processing Under Section 19(b)(2)(C)(iii) of the Pursuant to Section 19(b)(1) of the
promote the prompt and accurate Act,39 the Commission may grant Securities Exchange Act of 1934
clearance and settlement of securities accelerated approval of a proposed rule (‘‘Act’’),1 and Rule 19b–4 thereunder,2
transactions consistent with the change if the Commission finds good notice is hereby given that on December
requirements of Section 17A(b)(3)(F) of cause for doing so. ICE Clear Europe 20, 2017, ICE Clear Europe Limited
the Act.34 Moreover, the Commission believes that accelerated approval is (‘‘ICE Clear Europe’’) filed with the
further finds the proposed rule changes warranted because the proposed rule Securities and Exchange Commission
regarding straight-through processing change is required in order to comply (‘‘Commission’’) the proposed rule
protect investors and the public interest, with the MiFID II requirements, which changes described in Items I, II, and III
consistent with Section 17A(b)(3)(F) of go into effect on January 3, 2018. below, which Items have been primarily
the Act 35 because the expeditious The Commission finds good cause, prepared by ICE Clear Europe. ICE Clear
processing of transactions in cleared pursuant to Section 19(b)(2)(C)(iii) of Europe filed the proposed rule change
derivatives reduces the possibility of the Act, for approving the proposed rule pursuant to Section 19(b)(3)(A) of the
those transactions being disrupted by change on an accelerated basis, prior to Act,3 and Rule 19b–4(f)(4)(ii)
intervening events, such as a the 30th day after the date of thereunder,4 so that the proposal was
technological breakdown or a reduction publication of notice in the Federal immediately effective upon filing with
in the financial condition of one of the Register, because the proposed rule the Commission. The Commission is
counterparties. Furthermore, because change is required as of January 3, 2018 publishing this notice to solicit
the Commission believes that the in order to facilitate ICE Clear Europe’s
proposed rule changes regarding efforts to comply with the 40 15 U.S.C. 78q–1.
straight-through process will maintain aforementioned MiFID II requirements. 41 15 U.S.C. 78s(b)(2).
the consistency of ICE Clear Europe’s Additionally, the Commission notes that 42 In approving the proposed rule change, the
ethrower on DSK3G9T082PROD with NOTICES
the proposed changes do not impede Commission considered the proposal’s impact on
CDS Procedures with relevant efficiency, competition, and capital formation. 15
provisions of MiFID II, the Commission compliance with relevant U.S. law, U.S.C. 78c(f).
43 17 CFR 200.30–3(a)(12).
32 See supra note 16. 36 17 CFR 240.17Ad–22(e)(1). 1 15 U.S.C. 78s(b)(1).
33 17 CFR 240.17Ad–22(e)(1). 37 Id. 2 17 CFR 240.19b–4.
34 15 U.S.C. 78q–1(b)(3)(F). 38 15 U.S.C. 78s(b)(2)(C)(iii). 3 15 U.S.C. 78s(b)(3)(A).
35 Id. 39 Id. 4 17 CFR 240.19b–4(f)(4)(ii).
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![Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices 553
Procedures applicable to the exercise of All submissions should refer to File SECURITIES AND EXCHANGE
options to align the Procedures with Number SR–ICEEU–2017–015. This file COMMISSION
recent changes to the Exchange rules, number should be included on the
[Release No. 34–82424; File No. SR–
and to make certain other clarifications subject line if email is used. To help the CboeEDGX–2017–008]
and updates. ICE Clear Europe does not Commission process and review your
believe the amendments would affect comments more efficiently, please use Self-Regulatory Organizations; Cboe
competition among clearing members or only one method. The Commission will EDGX Exchange, Inc.; Notice of Filing
adversely affect the cost of clearing, the post all comments on the Commission’s and Immediate Effectiveness of a
market for clearing services generally or internet website (http://www.sec.gov/ Proposed Rule Change Related to
access to clearing in these products by rules/sro.shtml). Copies of the Market Data Fees
clearing members or other market submission, all subsequent
participants. December 29, 2017.
amendments, all written statements Pursuant to Section 19(b)(1) of the
(C) Clearing Agency’s Statement on with respect to the proposed rule Securities Exchange Act of 1934 (the
Comments on the Proposed Rule change, security-based swap submission ‘‘Act’’),1 and Rule 19b–4 thereunder,2
Change Received From Members, or advance notice that are filed with the notice is hereby given that on December
Participants or Others Commission, and all written 15, 2017, Cboe EDGX Exchange, Inc.
Written comments relating to the communications relating to the (the ‘‘Exchange’’ or ‘‘EDGX’’) filed with
proposed amendments have not been proposed rule change, security-based the Securities and Exchange
solicited or received by ICE Clear swap submission or advance notice Commission (‘‘Commission’’) the
Europe. ICE Clear Europe will notify the between the Commission and any proposed rule change as described in
Commission of any comments received person, other than those that may be Items I, II and III below, which Items
with respect to the proposed withheld from the public in accordance have been prepared by the Exchange.
amendments. with the provisions of 5 U.S.C. 552, will The Exchange has designated the
be available for website viewing and proposed rule change as one
III. Date of Effectiveness of the printing in the Commission’s Public establishing or changing a member due,
Proposed Rule Change, Security-Based fee, or other charge imposed by the
Reference Section, 100 F Street NE,
Swap Submission and Advance Notice Exchange under Section 19(b)(3)(A)(ii)
Washington, DC 20549, on official
and Timing for Commission Action of the Act 3 and Rule 19b–4(f)(2)
business days between the hours of
thereunder,4 which renders the
The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of such proposed rule change effective upon
effective pursuant to Section 19(b)(3)(A) filings will also be available for filing with the Commission. The
of the Act 11 and Rule 19b–4(f)(4)(ii) 12 inspection and copying at the principal Commission is publishing this notice to
thereunder. At any time within 60 days office of ICE Clear Europe and on ICE solicit comments on the proposed rule
of the filing of the proposed rule change, Clear Europe’s website at https:// change from interested persons.
the Commission summarily may www.theice.com/notices/
temporarily suspend such rule change if Notices.shtml?regulatoryFilings. I. Self-Regulatory Organization’s
it appears to the Commission that such Statement of the Terms of Substance of
action is necessary or appropriate in the All comments received will be posted the Proposed Rule Change
public interest, for the protection of without change. Persons submitting
The Exchange filed a proposal to a
investors, or otherwise in furtherance of comments are cautioned that we do not
mend [sic] the Market Data section of its
the purposes of the Act. redact or edit personal identifying
fee schedule to lower the Internal
information from comment submissions. Distribution 5 fees and to adopt per User
IV. Solicitation of Comments You should submit only information fees for the Cboe One Summary Feed.
Interested persons are invited to that you wish to make available The text of the proposed rule change
submit written data, views, and publicly. All submissions should refer is available at the Exchange’s website at
arguments concerning the foregoing, to File Number SR–ICEEU–2017–015 www.markets.cboe.com, at the principal
including whether the proposed rule and should be submitted on or before office of the Exchange, and at the
change, security-based swap submission January 25, 2018. Commission’s Public Reference Room.
or advance notice is consistent with the For the Commission, by the Division of
Act. Comments may be submitted by II. Self-Regulatory Organization’s
Trading and Markets, pursuant to delegated Statement of the Purpose of, and
any of the following methods: authority.13 Statutory Basis for, the Proposed Rule
Electronic Comments Robert W. Errett, Change
• Use the Commission’s internet Deputy Secretary. In its filing with the Commission, the
comment form (http://www.sec.gov/ [FR Doc. 2017–28437 Filed 1–3–18; 8:45 am] Exchange included statements
rules/sro.shtml) or BILLING CODE 8011–01–P
• Send an email to rule-comments@
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
sec.gov. Please include File Number SR– 3 15 U.S.C. 78s(b)(3)(A)(ii).
ICEEU–2017–015 on the subject line. 4 17 CFR 240.19b–4(f)(2).
5 A ‘‘Distributor’’ is defined as ‘‘any entity that
Paper Comments
receives the Exchange Market Data product directly
ethrower on DSK3G9T082PROD with NOTICES
• Send paper comments in triplicate from the Exchange or indirectly through another
entity and then distributes it internally or externally
to Secretary, Securities and Exchange to a third party.’’ See the Exchange’s fee schedule
Commission, 100 F Street NE, available at http://markets.cboe.com/us/equities/
Washington, DC 20549–1090. membership/fee_schedule/edgx/. An ‘‘Internal
Distributor’’ is defined as ‘‘a Distributor that
receives the Exchange Market Data product and
11 15 U.S.C. 78s(b)(3)(A). then distributes that data to one or more Users
12 17 CFR 240.19b–4(f)(4)(ii). 13 17 CFR 200.30–3(a)(12). within the Distributor’s own entity.’’ Id.
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Document Created: 2018-01-04 02:02:08
Document Modified: 2018-01-04 02:02:08
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