Federal Register - February 12, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices
B Self-Regulatory Organizations 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. As discussed above, because fees are imposed on a per transaction basis at the product level, the changes to the fees are applied equally to all those market participants who trade and/or clear the Contracts.
The amendments with respect to the SARON contract will not result in higher fees for particular Clearing 6 15
U.S.C. 78q1.
U.S.C. 78q1b3D. Under this provision, a clearing agency shall not be registered unless the Commission determines thatD The rules of the clearing agency provide for the equitable allocation of reasonable dues, fees, and other charges among its participants.
8 15 U.S.C. 78q1b3F.
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Members as they are decreasing in line with the size of the contract and therefore ICE Clear Europe believes that the new fees would be set at an appropriate level to better reflect the cost that the Clearing House takes on by facilitating the relevant clearing services. 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 for the Contracts. Further, since the revised fees will apply to all Clearing Members that clear the products, 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.
C Self-Regulatory Organizations Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments relating to the proposed changes to the rules have not been solicited or received. ICE Clear Europe will notify the Commission of any written comments received by ICE
Clear Europe.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19b3A 9 of the Act and paragraph f of Rule 19b4 10 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.
9 15
U.S.C. 78sb3A.
CFR 240.19b4f2.
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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 Commissions internet comment form http www.sec.gov/
rules/sro.shtml or Send an email to rule-comments@
sec.gov. Please include File Number SR
ICEEU2021001 on the subject line.
Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 205491090.
All submissions should refer to File Number SRICEEU2021001. 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 Commissions 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 Commissions 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 Europes website at https
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12FEN1
EN12FE21.000
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.
ICE Clear Europes fees are imposed at the product level on a per transaction basis as are the applicable Exchange fees. As a result, the fees apply equally to all market participants who trade/
clear the Contracts. ICE Clear Europe has determined that the reduced fees are commensurate with the reduction in the notional size of the contract and will provide an appropriate balance between the costs of clearing, and expenses incurred by ICE Clear Europe. As such, in ICE Clear Europes 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 17Ab3D of the Act,7 and further do not unfairly discriminate among such participants in their use of the Clearing House, within the meaning of Section 17Ab3F of the Act.8
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