55 East 52nd Street

New York, NY 10055

BY ELECTRONIC TRANSMISSION

EMERGENCY ACTION

Submission No. 17-176

September 8, 2017

Mr. Christopher J. Kirkpatrick

Secretary of the Commission

Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

Re: Emergency Action --Temporary Amendment of Exchange Rule 13.10(a) to Extend

the Last Trading Day of the September 2017 Frozen Concentrate Orange Juice

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

Dear Mr. Kirkpatrick:

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

Regulation 40.6(a), ICE Futures U.S., Inc. (“IFUS” or the “Exchange”) submits this amendment

via emergency action to address the impact of Hurricane Irma on the Exchange’s September

2017 Frozen Concentrate Orange Juice (“FCOJ”) contract. All of the Exchange’s licensed tank

facility operators for FCOJ are located in the State of Florida and in the direct path of the

Hurricane, which is expected to make landfall over the weekend. Certain of these facilities have

already closed as evacuations in the State are underway. FCOJ Rule 13.10(a) provides that the

Last Trading Day in FCOJ-A Futures is the fifteenth (15th) last Business Day of the month. Therefore

trading of the September contract would normally end at noon on Monday, September 11th..

There was open interest in the September futures contract of 70 lots this morning and the

September option has already expired; the first notice day for the futures contract was September

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st and the last notice day is September 22nd. Given these circumstances, the Board of Directors

of the Exchange determined that an “Emergency” as defined in Exchange Rule 6.01(a) and Part

40 of the Commission’s regulations exists, and unanimously voted to implement with immediate

effect a rule change extending the last trading day of the September FCOJ futures contract to

noon on Friday, September 15th..

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This action was taken to facilitate an orderly liquidation of the

futures contract and is consistent with Core Principles 6 (Emergency Action), 3 (Contracts Not

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Exchange Rule 6.01(d) expressly provides that emergency action taken by the Board may include, among other

things, “extending the time of delivery under or expiration of Commodity Contracts”, and “modifying or

suspending any provision of the Rules”.
Subject to Manipulation) and 4 (Prevention of Market Disruption).2

The Exchange’s conflict of

interest procedures were not implicated in the decision-making process as ICE policies prohibit

members of the Board from trading any contract listed on the Exchange.

The Exchange certifies that the emergency action regarding the September FCOJ last

trading day complies with the requirements of the Commodity Exchange Act and the rules and

regulations promulgated thereunder. The Exchange further certifies that concurrent with this

filing, a copy of this submission was posted on the Exchange’s website, which may be accessed

at (https://www.theice.com/futures-us/regulation#rule-filings).

If you have any questions or need further information, please contact me at 212-748-4083

or at Audrey.hirschfeld@theice.com.

Sincerely,

Audrey R. Hirschfeld

SVP and General Counsel

cc: Division of Market Oversight

New York Regional Office

2 No changes are being made to the notice period or the last notice day for the contract at this time.