5878 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 93819 

(December 17, 2021), 86 FR 73038. 

4 15 U.S.C. 78s(b)(2). 

5 Id. 

6 17 CFR 200.30–3(a)(31). 

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). 

5Regulation (EU) 909/2014 of the European 

Parliament and of the Council of 23 July 2014 on 

improving securities settlement in the European 

Union and on central securities depositories and 

amending Directives 98/26/EC and 2014/65/EU and 

Regulation (EU) No 236/2012. 

6Commission Delegated Regulation (EU) 2018/ 

1229 of 25 May 2018 supplementing Regulation 

(EU) No 909/2014 of the European Parliament and 

of the Council with regard to regulatory technical 

standards on settlement discipline. 

7Capitalized terms used but not defined herein 

have the meanings specified in the Delivery 

Procedures or, if not defined therein, the ICE Clear 

Europe Clearing Rules. 

Submitted by the Office of Science 

and Technology Policy on January 28, 

2022. 

Stacy Murphy, 

Operations Manager, White House Office of 

Science and Technology Policy. 

[FR Doc. 2022–02161 Filed 2–1–22; 8:45 am] 

BILLING CODE 3270–F1–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94082; File No. SR–CBOE– 

2021–071] 

Self-Regulatory Organizations; Cboe 

Exchange, Inc.; Notice of Designation 

of Longer Period for Commission 

Action on a Proposed Rule Change To 

Adopt a New Trading Session That Will 

Operate After the Close of the Regular 

Trading Hours Session 

January 27, 2022. 

On December 15, 2021, Cboe 

Exchange, Inc. filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

adopt a new forty-five-minute trading 

session that will operate after the close 

of the Regular Trading Hours session. 

The proposed rule change was 

published for comment in the Federal 

Register on December 23, 2021.3 The 

Commission has received no comment 

letters on the proposed rule change. 

Section 19(b)(2) of the Act 4 provides 

that, within 45 days of the publication 

of notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day after 

publication of the notice for this 

proposed rule change is February 6, 

2022. 

The Commission hereby is extending 

the 45-day time period for Commission 

action on the proposed rule change. The 

Commission finds that it is appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change so that it has sufficient time 

to consider the proposed rule change. 

Accordingly, pursuant to Section 

19(b)(2) of the Act,5 the Commission 

designates March 23, 2022, as the date 

by which the Commission shall either 

approve or disapprove, or institute 

proceedings to determine whether to 

disapprove, the proposed rule change 

(File No. SR–CBOE–2021–071). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–02079 Filed 2–1–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94079; File No. SR–ICEEU– 

2022–002] 

Self-Regulatory Organizations; ICE 

Clear Europe Limited; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Amendments to the ICE Clear Europe 

Delivery Procedures 

January 27, 2022. 

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 January 

18, 2022, 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 primarily 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 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 

(a) The principal purpose of the 

proposed amendments is for ICE Clear 

Europe to amend its Delivery 

Procedures (‘‘Delivery Procedures’’) on 

the basis of certain settlement discipline 

requirements under the European 

Union’s Central Securities Depositories 

Regulation 5 (the ‘‘CSDR’’) and 

Settlement Discipline Regulatory 

Technical Standards 6 (the ‘‘RTS’’). 

These requirements are set to come into 

force on 1 February 2022.7 A copy of the 

proposed amendments to the Delivery 

Procedures is attached [sic] as Exhibit 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 its Delivery Procedures due to 

new settlement discipline requirements 

contained in the CSDR and RTS, which 

take effect on 1 February 2022. The 

settlement discipline requirements, 

which include settlement failure 

reporting and cash penalties for 

settlement failures, would impose 

certain requirements on ICE Clear 

Europe as a central counterparty and 

market participant in its interaction 

with EU-based settlement facilities. 

Specifically, the requirements apply to 

securities that the Clearing House settles 

on a European Union (‘‘EU’’) central 

securities depository (‘‘CSD’’) under 

F&O Contracts that are equity or bond 

futures and options, where the 

underlying is traded on an EU trading 

venue or cleared by another EU-based 

CCP. 

The settlement discipline 

requirements that will come into effect 


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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5879 

8Although the CSDR and RTS provide for 

additional settlement discipline measures, 

including certain mandatory buy-in requirements, 

relevant EU authorities have indicated that the 

entry into force of such provisions will be delayed. 

See press statement from the European Commission 

dated 25 November 2021, available here: https://

ec.europa.eu/commission/presscorner/detail/en/

mex_21_6293. 

The European Securities and Markets Authorities 

(‘‘ESMA’’) issued a public statement which notes 

that although the legislators have agreed upon an 

amendment to the CSDR that could give effect to 

the delay described in the foregoing paragraph, it 

is anticipated that this will not enter into force prior 

to the settlement discipline rules becoming 

applicable on 1 February 2022. Given this situation, 

ESMA has indicated that it expects national 

regulators to not prioritize supervisory actions in 

relation to the buy-in regime. ESMA, Public 

Statement, Supervisory approach on the 

implementation of the CSDR buy-in provisions, 17 

December 2021, ESMA70–156–5153. 

A number of major trade associations have also 

issued a public statement confirming that in their 

view EU legislators do not expect market 

participants to take further action towards 

implementation of the mandatory buy-in 

requirements, but that other CSDR settlement 

discipline measures will be implemented by 1 

February 2022. Joint Statement, Industry Approach 

to CSDR Settlement Discipline Regime dated 22 

December 2021, available here: https://

www.afme.eu/Portals/0/DispatchFeaturedImages/ 

Industry%20Approach%20to%20

CSDR%20Settlement%20Discipline%20

Regime%20FINAL%2022122021.pdf. 

Accordingly, ICE Clear Europe is not proposing 

to make amendments to its Delivery Procedures 

with respect to the CSDR buy-in regime at this time. 

9Although the UK has adopted some aspects of 

the CSDR under the European Union (Withdrawal) 

Act 2018, none of the EU settlement discipline 

provisions that were meant to come into force by 

1 February 2022 will be implemented in the UK. 

Financial Services Update, Statement made on 23 

June 2020, available here: https://questionsstatements.parliament.uk/written-statements/

detail/2020-06-23/HCWS309. 

on 1 February 2022 will include 

settlement failure reporting and cash 

penalties for settlement failures.8 In the 

context of ICE Clear Europe, the 

requirements will apply with respect to 

Euro-Denominated Government Bond 

Futures and Options Contracts (covered 

in Part W of the Delivery Procedures) 

and Financials & Softs Equity Futures 

and Options (covered in Part Z of the 

Delivery Procedures), where the 

underlying deliverable is listed on an 

EU exchange or cleared via an EU CCP 

and settlement occurs through an EU 

settlement system.9

A change would also be introduced as 

regards the holding accounts for 

deliveries of deliverable EU emissions 

allowances pursuant to futures contracts 

on such allowances, to ensure that the 

CSDR regime does not inadvertently 

interfere with emissions deliveries. 

Given the anticipated entry into force 

and application of elements of the CSDR 

and the RTS, ICE Clear Europe proposes 

to update its Delivery Procedures as 

described below. 

General Provisions of Delivery 

Procedures 

The General Provisions section of the 

Delivery Procedures would be amended 

to add new Paragraphs 22 and 23. 

Paragraph 22 would address the 

liabilities for penalties or costs assessed 

under the CSDR because of a delay or 

failure in matching for settlement. 

Specifically, it would provide that the 

Buyer and Seller would each indemnify 

the Clearing House in accordance with 

Rule 111 in respect of costs or penalties 

for any delay or failure in matching 

arising under the CSDR or otherwise, 

save to the extent that the Clearing 

House or its settlement agent is at fault 

for such failure or delay. The amount of 

such cost or penalty would be charged 

to such Clearing Member. Paragraph 23 

would address penalties or costs 

assessed under CSDR in respect of late 

settlement. Specifically, it would 

provide that the Seller would indemnify 

the Clearing House in accordance with 

Rule 111 in respect of costs or penalties 

for any delay or failure in settlement 

arising under the CSDR or otherwise, 

save to the extent that the Clearing 

House or its settlement agent is at fault 

in respect of such failure or delay. The 

amount of such costs or penalties would 

be charged to such Clearing Member. 

The CSDR and RTS feature a two-tier 

scheme for penalty collection and 

distribution in respect of settlement 

fails, which is as follows: (1) Where the 

failing or receiving participant is a CCP, 

CCPs are to collect and distribute 

penalties using information provided by 

CSDs; and (2) in all other circumstances, 

CSDs collect and distribute the 

penalties. ICE Clear Europe holds 

securities at EU CSDs through 

nominees, rather than as a direct 

participant. As such, ICE Clear Europe 

is not necessarily known by or 

identified to the CSDs as a CCP. 

Therefore, CSDs would collect penalties 

in respect of securities to be delivered 

under F&O Contracts that ICE Clear 

Europe clears in accordance with 

scenario 2. It is possible that when 

Buyers or Sellers are late to match or 

Sellers are late to settle (as applicable); 

this would have run-on impacts on the 

Clearing House’s ability to onwards 

deliver securities. If the Clearing House 

does not deliver in a timely fashion 

because of this late matching, it could 

be subject to a cash penalty under 

CSDR. In these circumstances, the late 

Clearing Member would be required to 

indemnify ICE Clear Europe. These 

amendments reflect the existing 

position under the general indemnity in 

Rule 111, but provide clarity that such 

indemnity will be applicable in the 

particular circumstances described in 

these paragraphs. 

Part A: ICE Endex Deliverable EU 

Emissions Contracts 

Amendments would be made to Part 

A of the Delivery Procedures to ensure 

that the new settlement discipline 

procedures under the CSDR and RTS 

will not apply to the physical delivery 

of Carbon Emissions Allowances 

(‘‘EUA’’) or Aviation Emissions 

Allowances (‘‘EUAA’’). The 

amendments are intended to preserve 

the Clearing House’s current approach 

with respect to settlement of emissions 

futures contracts and ensure that CSDR 

will not interfere with deliveries under 

such contracts. 

The definition of ‘‘Registry Account’’ 

would be amended, to set down the 

national administrators of registry 

accounts that may be used, and to 

confirm that no registry account may be 

held by or through a CSD as 

intermediary or account holder. 

Paragraph 9 of Part A of the Delivery 

Procedures would be added to provide 

that no Clearing Member, Customer, 

Transferor or Transferee to whom or 

from whom delivery is to be made of an 

EUA or EUAA may be registered as a 

CSD under the CSDR. Additionally, 

Paragraph 9 would provide that 

pursuant to the definition of ‘‘Registry 

Account’’, no EUAs or EUAAs may be 

settled by or through a CSD. 

Accordingly, Buyers and Sellers would 

not be bound by the settlement 

discipline provisions set out in the 

CSDR and, accordingly, the Clearing 

House would not administer buy-ins, 

cash penalties, cash compensation or 

other requirements under the CSDR and 

its delegated regulations in respect of 

EUAs or EUAAs. The amendments 

would provide that Buyers and Sellers 

acknowledge that neither the Clearing 

House nor any other Person would offer 

them the protections related to 

settlement set forth under CSDR and 

their sole remedies in the case of 

settlement failure would be as set forth 

in the Delivery Procedures. In 

connection with these changes, ICE 

Clear Europe would also add new 

definitions of ‘‘CSD’’ and ‘‘CSDR’’. 

Part W: Euro-Denominated Government 

Bonds Contracts 

The Delivery Timetable in Part W of 

the Delivery Procedures would be 

amended to provide that Clearing 

Members who have failed to deliver 

(including those whose Customer or 

Transferor has failed to deliver) by 8:00 

on the Delivery Day would be required 

to contact the Clearing House to provide 

reasons for such failures and confirm 


jspears on DSK121TN23PROD with NOTICES1
5880 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

10 15 U.S.C. 78q–1. 

11 15 U.S.C. 78q–1(b)(3)(F). 

12 15 U.S.C. 78q–1(b)(3)(F). 

13 15 U.S.C. 78q–1(b)(3)(F). 

14 17 CFR 240.17Ad–22(e)(1). 

15 17 CFR 240.17Ad–22(e)(1). 

16 17 CFR 240.17Ad–22(e)(10). 

17 17 CFR 240.17Ad–22(e)(10). 

any measures taken to facilitate 

delivery. Such information would notify 

the Clearing House of such delivery 

failure and allow it to take any action it 

deems necessary under the Rules and 

Procedures. 

A new Paragraph 1.9 would be added 

to Part W which would empower ICE 

Clear Europe to debit cash penalties 

imposed by the relevant settlement 

system from Clearing Members in 

delivery default and to credit cash 

penalties to the account of the Clearing 

Member that is affected by the 

settlement fail. Although, as described 

above, it is anticipated that CSDs will 

administer cash penalties for ICE Clear 

Europe-cleared trades, the Clearing 

House will retain this power in case its 

account structure changes and it would 

be required to administer penalties 

under the CSDR. 

Part Z: Financials and Softs Equity 

Futures/Options 

Part Z of the Delivery Procedures 

would be amended to add a similar new 

provision to Paragraph 3.3 which 

empowers ICE Clear Europe to debit 

cash penalties imposed by a relevant 

settlement system from Clearing 

Members in delivery default and to 

credit cash penalties to the account of 

the Clearing Member that is affected by 

the settlement fail. Although, as 

described above, it is anticipated that 

CSDs will administer cash penalties for 

ICE Clear Europe-cleared trades, ICE 

Clear Europe will retain this power in 

case its account structure changes and it 

would be required to administer 

penalties under the CSDR. 

Paragraph 5 of Part Z would also be 

amended to expand the categories of 

information that would be made 

available by the Clearing House upon 

Clearing members’ early exercise or 

expiry of a physically delivered Equity 

Future or Option Contract, or the 

execution of a stock contingent trade. 

Specifically, the amendments would 

add the following information to the 

report for early exercise or expiry: (i) 

Cash consideration to be delivered or 

received, (ii) stock identifying ISIN code 

to be delivered and (iii) CSD settlement 

location. For stock contingent trades, 

the relevant report would be expanded 

to include certain information about the 

associated option. These amendments 

are intended to reflect what is generally 

included in the report already in 

practice. 

(b) Statutory Basis 

ICE Clear Europe believes that the 

proposed amendments to the Delivery 

Procedures are consistent with the 

requirements of Section 17A of the 

Act 10 and the regulations thereunder 

applicable to it. In particular, Section 

17A(b)(3)(F) of the Act 11 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 

address and accommodate certain 

settlement discipline provisions under 

the CSDR and RTS that will come into 

effect on 1 February 2022. Principally, 

the proposed amendments would 

address potential fines that may be 

imposed under the CSDR and RTS in 

connection with settlement failures 

relating to deliveries of certain 

securities underlying F&O Contracts, 

and enhance reporting to the Clearing 

House in the case of certain settlement 

failures under such contracts. In 

particular, the proposed amendments 

explicitly address the possibility of fines 

for settlement failures in the context of 

settlement of government bond futures 

and options and equity futures and 

options cleared by the Clearing House, 

where the underlying is listed or cleared 

on an EU facility and settlement occurs 

through an EU settlement facility. The 

proposed amendments also clarify that 

the CSDR settlement discipline 

provisions would not apply to 

settlement of certain emissions futures 

contracts. The proposed amendments 

will thus clarify the role, 

responsibilities and liabilities of the 

Clearing House, Clearing Members and 

designated transferors and transferees in 

the context of settlement failures that 

may occur with respect to securities 

delivered in settlement of specified F&O 

Contracts. The proposed amendments 

would not otherwise change the manner 

in which such contracts are cleared and 

settled. As a result, in ICE Clear 

Europe’s view, the proposed 

amendments would be consistent with 

the prompt and accurate clearance and 

settlement of the contracts and the 

protection of investors, consistent with 

the requirements of Section 17A(b)(3)(F) 

of the Act.12 The proposed amendments 

are also consistent with the public 

interest, including as reflected in the 

policies of the CSDR and RTS. (In ICE 

Clear Europe’s view, the proposed 

amendments would not affect the 

safeguarding of funds or securities in 

the custody or control of the clearing 

agency or for which it is responsible, 

within the meaning of Section 

17A(b)(3)(F).13) 

Rule 17Ad–22(e)(1) requires that a 

clearing agency ‘‘establish, implement, 

maintain and enforce written policies 

and procedures reasonably designed to, 

as applicable, provide for a wellfounded, clear, transparent and 

enforceable legal basis for each aspect of 

its activities in all relevant 

jurisdictions.’’ 14 The proposed 

amendments are intended to address 

new requirements under EU law 

applicable to settlement activity 

conducted by the Clearing House with 

EU settlement facilities relating to 

underlying securities traded or cleared 

on EU facilities. As such, the proposed 

amendments support the Clearing 

House’s legal framework for operation 

in the EU, consistent with the 

requirements of Rule 17Ad–22(e)(1).15

In addition, Rule 17Ad–22(e)(10) 16

provides that ‘‘[e]ach covered clearing 

agency shall establish, implement, 

maintain and enforce written policies 

and procedures reasonably designed to, 

as applicable [. . .] 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 proposed amendments would 

revise the Delivery Procedures for 

affected F&O Contracts as a result of the 

applicable CSDR and RTS settlement 

discipline provisions, particularly as 

they relate to fines for settlement 

failures and provision of additional 

information regarding settlement 

failures. The proposed amendments 

thus clarify the obligations of the 

Clearing House, Clearing Members and 

others with respect to settlement 

failures under such contracts. The 

proposed amendments also clarify that 

the CSDR settlement discipline 

provisions will not affect settlement 

under certain emissions contracts. The 

proposed amendments do not otherwise 

affect the procedures for delivery under 

such contracts. As a result, ICE Clear 

Europe believes the amendments are 

consistent with the requirements of Rule 

17Ad–22(e)(10).17


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5881 

18 15 U.S.C. 78s(b)(3)(A). 

19 17 CFR 240.19b–4(f). 

20 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 92017 

(May 25, 2021), 86 FR 29634 (‘‘Notice’’). Comments 

on the proposed rule change can be found at: 

https://www.sec.gov/comments/sr-box-2021-06/ 

srbox202106.htm. 

4See Securities Exchange Act Release No. 92387 

(July 13, 2021), 86 FR 38140 (July 19, 2021). 

(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 proposed 

amendments to the Delivery Procedures 

are intended to address new settlement 

discipline procedures applicable to 

certain contracts as provided in the 

CSDR and RTS. Although the 

procedures could result in certain 

additional costs to Clearing Members, if 

certain fines were imposed as a result of 

a settlement failure, those additional 

costs result from the requirements of 

relevant EU legislation applicable to 

settlements in the affected underlying 

securities which would be applicable to 

all market participants for the relevant 

contracts and it would be inappropriate 

for the Clearing House to bear the cost 

of late delivery fines, which should 

reasonably be passed on to the Clearing 

Members responsible for delivery 

failures. Furthermore, any such 

additional costs would result from a 

failure by the relevant Clearing Member 

or its customer to comply in a timely 

manner with its settlement obligations 

as specified under EU legislation. 

Accordingly, ICE Clear Europe does not 

believe the amendments would 

adversely affect competition among 

Clearing Members, materially affect the 

cost of clearing, adversely affect access 

to clearing for Clearing Members or their 

customers, or otherwise adversely affect 

competition in clearing services. 

Accordingly, ICE Clear Europe does not 

believe that the amendments would 

impose any impact or burden on 

competition that is not 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 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 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 18 and paragraph (f) of Rule 

19b–4 19 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–2022–002 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–2022–002. 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/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–2022–002 

and should be submitted on or before 

February 23, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.20

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–02078 Filed 2–1–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94092; File No. SR–BOX– 

2021–06] 

Self-Regulatory Organizations; BOX 

Exchange LLC; Notice of Filing of 

Amendment Nos. 2 and 3 and Order 

Granting Accelerated Approval of a 

Proposed Rule Change, as Modified by 

Amendment Nos. 2 and 3, To Adopt 

Rules Governing the Trading of Equity 

Securities on the Exchange Through a 

Facility of the Exchange Known as 

BSTX LLC 

January 27, 2022. 

Introduction 

On May 12, 2021, BOX Exchange LLC 

(‘‘Exchange’’ or ‘‘BOX’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Exchange Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to adopt rules governing the 

listing and trading of equity securities 

on the Exchange through a facility of the 

Exchange to be known as BSTX LLC 

(‘‘BSTX’’). The proposed rule change 

was published for comment in the 

Federal Register on June 2, 2021.3 On 

July 13, 2021, the Commission extended 

the time period within which to 

approve the proposed rule change, 

disapprove the proposed rule change, or 

institute proceedings to determine 

whether to approve or disapprove the 

proposed rule change, to August 31, 

2021.4 On August 18, 2021, the 

Exchange filed Amendment No. 1 to the 

proposed rule change, which replaced 

and superseded the proposed rule 


jspears on DSK121TN23PROD with NOTICES1