1460 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Notices 

15 17 CFR 240.17Ad–22(e)(13). 

16 17 CFR 240.17Ad–22(e)(13). 

17 15 U.S.C. 78s(b)(3)(A). 

18 17 CFR 240.19b–4(f). 19 17 CFR 200.30–3(a)(12). 

In addition, ICE Clear Europe believes 

the amendments satisfy Rule 17Ad– 

22(e)(13),15 which provides that ‘‘[e]ach 

covered clearing agency shall establish, 

implement, maintain and enforce 

written policies and procedures 

reasonable designed to, as applicable [ 

. . . ] ensure that the covered clearing 

agency has the authority and 

operational capacity to take timely 

action to contain losses and liquidity 

demands and continue to meet its 

obligations by, at a minimum, requiring 

the covered clearing agency’s 

participants and, when practicable, 

other stakeholders to participate in the 

testing and review of its default 

procedures, including any close-out 

procedures, at least annually.’’ As 

discussed above, the proposed 

amendments would enhance ICE Clear 

Europe’s overall default management 

processes, including those relating to 

hedging and liquidation of the 

defaulter’s positions. In addition, the 

amendments would enhance default 

testing practices, including to provide 

explicitly for annual compulsory 

participation by Clearing Members and 

further describe the purposes of such 

testing. Other amendments would 

ensure the Policy remains consistent 

with the F&O Auction Terms. Overall, 

the amendments will thus ensure that 

the Clearing House has clear processes 

in place to manage Clearing Member 

defaults and be able to continue to meet 

the Clearing House’s obligations in 

default scenarios. The amendments 

overall strengthen ICE Clear Europe’s 

ability to contain losses in a manner 

consistent with the requirements of Rule 

17Ad–22(e)(13).16

(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 

are being adopted to update and clarify 

the Clearing House’s F&O Default 

Management Policy, which relates to the 

Clearing House’s internal processes for 

addressing risks posed by F&O Clearing 

Member defaults. The amendments do 

not change the obligations of Clearing 

Members under the Rules or Procedures. 

Accordingly, ICE Clear Europe does not 

believe the amendments would affect 

the costs of clearing, the ability of 

market participants to access clearing, 

or the market for clearing services 

generally. Although the Policy does 

state certain obligations of Clearing 

Members to participate in annual 

default testing, ICE Clear Europe 

believes this is appropriate in light of 

regulatory requirements and the 

importance of such testing to the default 

management process. Therefore, ICE 

Clear Europe does not believe the 

proposed rule change imposes any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes 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 amendments 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 

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 17 and paragraph (f) of Rule 

19b–4 18 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–2021–026 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–2021–026. 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– 

2021–026 and should be submitted on 

or before February 1, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–00267 Filed 1–10–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–638, OMB Control No. 

3235–0687] 

Submission Collection; Comment 

Request; Extension: Rule 239 

Upon Written Request Copies Available 

From:, Securities and Exchange 

Commission, Office of FOIA Services, 

100 F Street NE, Washington, DC 

20549–2736 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 


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Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Notices 1461 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4The CRD system is the central licensing and 

registration system for the U.S. securities industry. 

The CRD system enables individuals and firms 

seeking registration with multiple states and selfregulatory organizations to do so by submitting a 

single form, fingerprint card, and a combined 

payment of fees to FINRA. Through the CRD 

system, FINRA maintains the qualification, 

employment, and disciplinary histories of 

registered associated persons of broker-dealers. 

5The Exchange originally adopted fees for use of 

the CRD system in 2003 and amended those fees in 

2013. See Securities Exchange Act Release Nos. 

48066 (June 19, 2003), 68 FR 38409 (June 27, 2003) 

(SR-Amex-2003–49); 68630 (January 11, 2013), 78 

FR 6152 (January 29, 2013) (SR–NYSEMKT–2013– 

01). While the Exchange lists these fees in its Price 

List, it does not collect or retain these fees. 

6See Securities Exchange Act Release No. 90176 

(October 14, 2020), 85 FR 66592 (October 20, 2020) 

(SR–FINRA–2020–032). 

7The Exchange notes that it has only adopted the 

CRD system fees charged by FINRA to Non-FINRA 

ATP Holders when such fees are applicable. In this 

regard, certain FINRA CRD system fees and 

requirements are specific to FINRA members, but 

do not apply to NYSE American-only ATP Holders. 

Non-FINRA ATP Holders have been charged CRD 

system fees since 2003. See note 5, supra. ATP 

Holders that are also FINRA members are charged 

CRD system fees according to Section 4 of Schedule 

A to the FINRA By-Laws. 

8See Section 4(b)(1) of Schedule A to the FINRA 

By-Laws effective on January 2, 2022. This fee is 

assessed when a Non-FINRA ATP Holder submits 

an initial Uniform Application for Securities 

Industry Regulation or Transfer (known as a ‘‘Form 

U4’’) filed by a member in the CRD system to 

register an individual. 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget this 

request for extension of the previously 

approved collection of information 

discussed below. 

Rule 239 (17 CFR 230.239) provides 

exemptions under the Securities Act of 

1933 (15 U.S.C. 77a et seq.), the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) and the Trust 

Indenture Act of 1939 (U.S.C. 77aaa et 

seq.) for security-based swaps issued by 

certain clearing agencies satisfying 

certain conditions. The purpose of the 

information required by Rule 239 is to 

make certain information about 

security-based swaps that may be 

cleared by the registered or the exempt 

clearing agencies available to eligible 

contract participants and other market 

participants. We estimate that each 

registered or exempt clearing agency 

issuing security-based swaps in its 

function as a central counterparty will 

spend approximately 2 hours each time 

it provides or update the information in 

its agreements relating to security-based 

swaps or on its website. We estimate 

that each registered or exempt clearing 

agency will provide or update the 

information approximately 20 times per 

year. In addition, we estimate that 75% 

of the 2 hours per response (1.5 hours) 

is prepared internally by the clearing 

agency for a total annual reporting 

burden of 180 hours (1.5 hours per 

response × 20 times × 6 respondents). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

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 John Pezzullo, 100 F Street NE, 

Washington, DC 20549, or by sending an 

email to: PRA_Mailbox@sec.gov. 

Dated: January 5, 2022. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–00259 Filed 1–10–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–93902; File No. SR– 

NYSEAMER–2021–47] 

Self-Regulatory Organizations; NYSE 

American LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Change To Amend the NYSE American 

Equities Price List With Respect to a 

Regulatory Fee Related to the Central 

Registration Depository 

January 5, 2022. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on December 

22, 2021, NYSE American LLC (‘‘NYSE 

American’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

NYSE American Equities Price List (the 

‘‘Price List’’) with respect to a regulatory 

fee related to the Central Registration 

Depository (‘‘CRD system’’), which is 

collected by the Financial Industry 

Regulatory Authority, Inc. (‘‘FINRA’’). 

The Exchange proposes to implement 

the fee change on January 2, 2022. The 

proposed change is available on the 

Exchange’s website at www.nyse.com, at 

the principal office of the Exchange, and 

at the Commission’s Public Reference 

Room. 

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 

self-regulatory organization 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 those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend the 

Price List with respect to a regulatory 

fee collected by FINRA for use of the 

CRD system.4 The Exchange proposes to 

implement the fee change on January 2, 

2022. 

FINRA collects and retains certain 

regulatory fees via the CRD system for 

the registration of associated persons of 

ATP Holders that are not FINRA 

members (‘‘Non-FINRA ATP Holders’’).5

The CRD system fees are user-based, 

and there is no distinction in the cost 

incurred by FINRA if the user is a 

FINRA member or a Non-FINRA ATP 

Holder. 

FINRA recently amended one of the 

fees assessed for use of the CRD 

system.6 Accordingly, the Exchange 

proposes to amend the Price List to 

mirror the fee assessed by FINRA, 

which will be implemented 

concurrently with the amended FINRA 

fee on January 2, 2022.7 Specifically, the 

Exchange proposes to amend the Price 

List to modify the fee charged to NonFINRA ATP Holders for each initial 

Form U4 filed for the registration of a 

representative or principal from $100 to 

$125.8


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