11568 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices 

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). 

5Capitalized terms used but not defined herein 

have the meanings specified in the ICE Clear 

Europe Clearing Rules (the ‘‘Rules’’). 

6 15 U.S.C. 78q–1. 

7 15 U.S.C. 78q–1(b)(3)(F). 

8 15 U.S.C. 78q–1(b)(3)(F). 

9 17 CFR 240.17Ad–22(e)(10). 

10 17 CFR 240.17Ad–22(e)(10). 

The public may view background 

documentation for this information 

collection at the following website: 

www.reginfo.gov. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to (i) www.reginfo.gov/public/do/ 

PRAMain and (ii) David Bottom, 

Director/Chief Information Officer, 

Securities and Exchange Commission, 

c/o Cynthia Roscoe, 100 F Street NE, 

Washington, DC 20549, or by sending an 

email to: PRA_Mailbox@sec.gov. 

Dated: February 22, 2021. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–03883 Filed 2–24–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–91166; File No. SR–ICEEU– 

2021–005] 

Self-Regulatory Organizations; ICE 

Clear Europe Limited; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Amendments to Part BB of the ICE 

Clear Europe Delivery Procedures 

February 19, 2021. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on February 

12, 2021, 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 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) 4 thereunder, such that 

the proposed rule change was 

immediately effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Clearing Agency’s Statement of the 

Terms of Substance of the Proposed 

Rule Change 

The principal purpose of the 

proposed amendments is for ICE Clear 

Europe to make certain amendments to 

Part BB of its Delivery Procedures to 

clarify the delivery specifications 

relating to Containerised White Sugar 

futures contracts in order to facilitate 

identification of sugar eligible for 

delivery under the contract.5

II. Clearing Agency’s Statement of the 

Purpose of, and Statutory Basis for, the 

Proposed Rule Change 

In its filing with the Commission, ICE 

Clear Europe included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. ICE 

Clear Europe has prepared summaries, 

set forth in sections (A), (B), and (C) 

below, of the most significant aspects of 

such statements. 

(A) Clearing Agency’s Statement of the 

Purpose of, and Statutory Basis for, the 

Proposed Rule Change 

(a) Purpose 

ICE Clear Europe is proposing to 

amend Part BB of its Delivery 

Procedures to clarify the delivery 

specifications relating to Containerised 

White Sugar contracts. The proposed 

amendments would provide that such 

contracts relate to specified sugar of any 

origin of the crop or production current 

on the first day of the delivery period 

(instead of referencing the crop at the 

time of delivery). The change would 

facilitate identification of sugar eligible 

for delivery under the contract. 

(b) Statutory Basis 

ICE Clear Europe believes that the 

proposed amendments to Part BB of the 

Delivery Procedures are consistent with 

the requirements of Section 17A of the 

Act 6 and the regulations thereunder 

applicable to it. In particular, Section 

17A(b)(3)(F) of the Act 7 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 changes to 

the Delivery Procedures are designed to 

strengthen ICE Clear Europe’s 

arrangements and delivery procedures 

relating to Containerised White Sugar 

contracts. The amendments would 

clarify that Containerised White Sugar 

contracts relate to specified sugar of any 

origin of the crop or production current 

on the first day of the delivery period 

(rather than at the time of delivery). The 

amendments do not otherwise change 

the terms and conditions of the 

contracts, and the contracts will 

continue to be cleared by ICE Clear 

Europe in the same manner as they are 

currently. In ICE Clear Europe’s view, 

the amendments are thus consistent 

with the prompt and accurate clearance 

and settlement of cleared contracts and 

the protection of investors and the 

public interest. (ICE Clear Europe would 

not expect the amendments to affect the 

safeguarding of securities and funds in 

ICE Clear Europe’s custody or control or 

for which it is responsible). 

Accordingly, the amendments satisfy 

the requirements of Section 

17A(b)(3)(F).8

In addition, Rule 17Ad–22(e)(10) 9

requires that each covered clearing 

agency ‘‘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.’’ As discussed 

above, the amendments would clarify 

the delivery specifications for 

Containerised White Sugar contracts to 

facilitate identification of sugar eligible 

for delivery under the contracts. The 

amendments would not otherwise 

change the manner in which the 

contracts are cleared or in which 

delivery is made, as supported by ICE 

Clear Europe’s existing financial 

resources, risk management, systems 

and operational arrangements. The 

amendments thus clarify the role and 

responsibilities of the Clearing House 

and Clearing Members with respect to 

physical delivery. As a result, ICE Clear 

Europe believes the amendments are 

consistent with the requirements of Rule 

17Ad–22(e)(10).10

(B) Clearing Agency’s Statement on 

Burden on Competition 

ICE Clear Europe does not believe the 

proposed amendments would have any 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices 11569 

11 17 CFR 200.30–3(a)(12). 

1Rule 204–1 under the Act requires any adviser 

that is required to complete Form ADV to amend 

the form at least annually and to submit the 

amendments electronically through the Investment 

Adviser Registration Depository. 

impact, or impose any burden, on 

competition not necessary or 

appropriate in furtherance of the 

purposes of the Act. The amendments 

are being adopted to update and clarify 

the delivery specifications in Part BB of 

the Delivery Procedures in connection 

with Containerised White Sugar 

contracts, and will not otherwise affect 

the contract. ICE Clear Europe does not 

expect that the proposed changes will 

adversely affect access to clearing or the 

ability of Clearing Members, their 

customers or other market participants 

to continue to clear contracts. ICE Clear 

Europe also does not believe the 

amendments would materially affect the 

cost of clearing or otherwise impact 

competition among Clearing Members 

or other market participants or limit 

market participants’ choices for 

selecting clearing services. Accordingly, 

ICE Clear Europe does not believe the 

amendments would impose any burden 

on competition not necessary or 

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 rule changes have not been 

solicited or received by ICE Clear 

Europe. ICE Clear Europe will notify the 

Commission of any written comments 

received with respect to the proposed 

amendments. 

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 and paragraph (f) of Rule 

19b–4 thereunder. At any time within 

60 days of the filing of the proposed rule 

change, the Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml) or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

ICEEU–2021–005 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–ICEEU–2021–005. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

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 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– 

2021–005 and should be submitted on 

or before March 18, 2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–03850 Filed 2–24–21; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IA–5688] 

Notice of Intention To Cancel 

Registrations of Certain Investment 

Advisers Pursuant to Section 203(H) of 

the Investment Advisers Act of 1940 

February 22, 2021. 

Notice is given that the Securities and 

Exchange Commission (the 

‘‘Commission’’) intends to issue an 

order or orders, pursuant to section 

203(h) of the Investment Advisers Act of 

1940 (the ‘‘Act’’), cancelling the 

registrations of the investment advisers 

whose names appear in the attached 

Appendix, hereinafter referred to as the 

‘‘registrants.’’ 

Section 203(h) of the Act provides, in 

pertinent part, that if the Commission 

finds that any person registered under 

section 203, or who has pending an 

application for registration filed under 

that section, is no longer in existence, is 

not engaged in business as an 

investment adviser, or is prohibited 

from registering as an investment 

adviser under section 203A, the 

Commission shall by order cancel the 

registration of such person. 

Each registrant listed in the attached 

Appendix either (a) has not filed a Form 

ADV amendment with the Commission 

as required by rule 204–1 under the 

Act 1 and appears to be no longer 

engaged in business as an investment 

adviser or (b) has indicated on Form 

ADV that it is no longer eligible to 

remain registered with the Commission 

as an investment adviser but has not 

filed Form ADV–W to withdraw its 

registration. Accordingly, the 

Commission believes that reasonable 

grounds exist for a finding that these 

registrants are no longer in existence, 

are not engaged in business as 

investment advisers, or are prohibited 

from registering as investment advisers 

under section 203A, and that their 

registrations should be cancelled 

pursuant to section 203(h) of the Act. 

Notice is also given that any 

interested person may, by March 19, 

2021, at 5:30 p.m., submit to the 

Commission in writing a request for a 

hearing on the cancellation of the 

registration of any registrant listed in 

the attached Appendix, accompanied by 

a statement as to the nature of such 

person’s interest, the reason for such 

person’s request, and the issues, if any,