Submission No. 23-111

July13, 2023

Mr. Christopher J. Kirkpatrick

Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

Re: Amendments to Rules 2.10, 2.16, 7.01,12.10,12.11 and 12.39

Submission Pursuant to Section 5c(c)(1) of the Act and Regulation 40.6(a)

Dear Mr. Kirkpatrick:

Pursuant to Section 5c(c)(1) of the Commodity Exchange Act, as amended (the “Act”),

and Commodity Futures Trading Commission (“Commission”) Regulation 40.6(a), ICE Futures 

U.S., Inc. (“IFUS” or “Exchange”) hereby certifies the amendments to Rules 2.10, 2.16, 

7.01,12.10,12.11 and 12.39 attached in Exhibit A. In each case, the amendment merely sets forth 

the obligation of the relevant party to execute an agreement with the Exchange in such form as 

the Exchange specifies from time to time, concerning the subject matter of the particular Rule. 

The amendments codify the existing practice of entering into an agreement in each of the areas 

which are addressed by the Rules; they make no substantive change to the Rules. 

The Exchange certifies that the amendments, which will become effective on July 31, 

2023, comply with the requirements of the Act and the CFTC Regulations promulgated 

thereunder. The Exchange has reviewed the designated contract market core principles ("Core 

Principles") as set forth in the Act and has determined that the amendments comply with the 

following relevant Core Principles:

COMPLIANCE WITH RULES

The amendments will be enforced by the Exchange in accordance with Core Principle 2. 

AVAILABILITY OF INFORMATION

As required by Core Principle 7, the text of the amended Rules will be codified in the 

Exchange’s Rulebook and made available on the Exchange’s Website. 

The Exchange is not aware of any opposing views with regard to the amendments and 

further certifies that, concurrent with this filing, a copy of this submission was posted on the 

Exchange’s website at https://www.theice.com/futures-us/regulation#rule-filings
If you have any questions or need further information, please contact me at 212-748-4021 or at 

jason.fusco@theice.com.

Sincerely,

Jason V. Fusco

Assistant General Counsel

Enc.

cc: Division of Market Oversight

New York Regional Office
EXHIBIT A

Rule 2.10 Qualification of Clearing Members 

(a) Each Clearing Member for Commodity Contracts traded on the Exchange or subject to the Rules 

must be an IFUS Member Firm and shall execute such agreements as the Exchange may prescribe from 

time to time to perform the functions of a clearing member, including but not limited to 

agreements which provide for accessing Exchange systems utilized for the purpose of clearing, or 

making delivery under, a Commodity Contract, or for transferring title to commodities held in Exchangelicensed stores. Any IFUS Member Firm desiring to become a Clearing Member shall submit an application 

in the form prescribed by the appropriate Clearing Organization and continually satisfy such requirements 

as may be established by the Exchange and such Clearing Organization from time to time. 

(b) An IFUS Member Firm seeking to clear Commodity Contracts as a Clearing Member of ICE Clear 

U.S., Inc. shall own 15,810 shares of ICE common stock (the “Required Shares”) and execute such 

agreement as the Exchange shall prescribe, granting to the Exchange for the benefit of the Exchange, the 

Clearing Organization, and all Members of the Exchange, a security interest in the Required Shares and the 

proceeds thereof, for the purpose of securing such Clearing Member’s obligations under the Rules. 

Rule 2.16. Market Specialists 

From time to time, the Exchange may adopt one or more Market Specialist or Liquidity Provider 

Programs pursuant to which the program participant may be appointed and authorized to maintain twosided markets for Commodity Contracts designated by the Board. Each program participant shall execute 

such agreement as the Exchange may require for each program to which it has been appointed. To the extent 

that the terms of any such program may be in conflict with any Rules, such terms shall supersede such 

Rules; provided, however, that nothing in this Rule shall alter or waive a Member’s responsibility to comply 

with provisions of the Act or the rules and regulations of the CFTC.

Rule 7.01. Parties Subject to Licensing

Any individual or Firm engaged in handling or storing Commodities for deliveries pursuant to a 

Commodity Contract as a grader, master sampler, weighmaster, warehouse or tank facility operator shall 

be licensed by the Exchange; provided, however, that no Exchange license shall be required with respect 

to the handling of sugar under the Sugar No. 11® Futures Contract. Each such individual or Firm shall 

execute such agreements as the Exchange may prescribe from time to time with respect to the handling and 

storage of Commodities for delivery pursuant to the Rules. In order to be licensed as a warehouse or tank 

facility operator, such warehouse or tank facility operator must own or lease space which is licensed by the 

Exchange as suitable for the storage of Commodities in the applicable designated delivery points and have 

the capacity, equipment and ability to store, handle and deliver the Commodity for which the operator is 

licensed; provided, however, that no wharf warehouses located in the Port of New Orleans shall be Licensed 

for the storage of Exchange Coffee.
12.10 - Merchant Participant Registration and Financial Requirements; Supervision

(a) Registration and Financial Reporting: Merchant Participants shall register with the Exchange as 

such, and shall execute such agreements as the Exchange may prescribe from time to time and 

provide such information, in such form, as is required by the Exchange from time to time. Without 

limiting the generality of the foregoing in any way, each Merchant Participant shall file an 

application for registration and the following additional documents: 

Remainder of Rule Unchanged

12.11 Delivery Process

Delivery against Canola Futures Contracts shall be performed in accordance with the following:

a. Warrant Issuers, Delivery Certificate Holders, Clearing Members and any other Person 

utilizing the Delivery System shall execute such agreements as the Exchange (or its 

affiliate) may prescribe from time to time for the purpose of utilizing the Delivery 

System.

b. Delivery shall be initiated by the Clearing Member of a short futures position holder 

(seller) by submitting a Tender Notice to the Clearing Organization through the 

Delivery System by 4:00 pm on the Business Day prior to Delivery Day. Tender 

Notices can be submitted commencing from the Business Day immediately preceding 

the first Business Day of the delivery month, up to and including 4:00 pm on the first

Business Day after the Last Trading Day of the delivery contract.

Remainder of Rule Unchanged

12.39 Elevator Operators to Be Approved; Duty of Supervision

(a) Elevator Operators shall apply for registration with the Exchange and shall 

execute such agreements as the Exchange may prescribe from time to time, and provide 

such information as the Exchange may request, in accordance with the Exchange’s 

application forms and procedures. The Exchange may deny an application for registration 

if any of the requirements specified in the preceding sentence have not been satisfied, and/or 

if the Exchange determines that, based on the information disclosed in the application, 

registration would not be in the best interests of the Exchange, provided, however, that prior 

to denying the application, the Exchange shall provide the applicant with (i) written notice 

setting forth its intention to deny the application and the grounds for denial and (ii) an 

opportunity to be heard by the Board to present evidence as to why the application should 

be granted. A request to be heard by the Board shall be furnished in writing to the Exchange 

General Counsel within two (2) Business Days following issuance of the notice of intention 

to deny the application. The evidence to be considered by the Board shall be presented by 
written submission in accordance with procedures specified by the Board, and the decision 

rendered by the Board shall be final.

Remainder of Rule Unchanged