Notice2026-18660
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to the ICE Clear Credit Recovery Plan and ICE Clear Credit Wind-Down Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 14, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 176 (Monday, September 14, 2026)</title>
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[Federal Register Volume 91, Number 176 (Monday, September 14, 2026)]
[Notices]
[Pages 58208-58216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18660]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-106308; File No. SR-ICC-2026-009]
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to the ICE Clear Credit
Recovery Plan and ICE Clear Credit Wind-Down Plan
September 9, 2026.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Securities Exchange Act'' or the ``Act''), 15 U.S.C. 78s(b)(1), and
Rule 19b-4 thereunder, 17 CFR 240.19b-4, notice is hereby given that on
August 27, 2026, ICE Clear Credit LLC (``ICC'' or ``ICE Clear Credit'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change, as described in Items I, II
and III below, which Items have been prepared primarily by ICC. 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 rule change is to revise the
ICC Recovery Plan (the ``Recovery Plan'') and the ICC Wind-Down Plan
(the ``Wind-Down Plan'') (collectively, the ``Plans''). These revisions
do not require any changes to the ICC CDS Clearing Rules \1\ (the ``CDS
Rules'') and to the ICC Treasury Clearing Rules \2\ (``Treasury
Rules'') (collectively, the ``Rules'').\3\
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\1\ A copy of the ICC CDS Clearing Rules can be found here:
<a href="https://www.ice.com/publicdocs/clear_credit/ICE_Clear_Credit_Rules.pdf">https://www.ice.com/publicdocs/clear_credit/ICE_Clear_Credit_Rules.pdf</a>.
\2\ A copy of the ICC Treasury Clearing Rules can be found here:
<a href="https://www.ice.com/publicdocs/clear_credit/ICE_Clear_Credit_Treasury_Clearing_Rules.pdf">https://www.ice.com/publicdocs/clear_credit/ICE_Clear_Credit_Treasury_Clearing_Rules.pdf</a>.
\3\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. The text of these statements may be
examined at the places specified in Item IV below. ICC has prepared
summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.
(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
(a) Purpose
ICC proposes revising the Recovery Plan and the Wind-Down Plan,
which serve as plans for the recovery and orderly wind-down of ICC
necessitated by credit losses, liquidity shortfalls, losses from
general business risk, or any other losses, consistent with Securities
and Exchange Commission (``SEC'' or the ``Commission'') Rule 17ad-
22(e)(3)(ii) \4\ and SEC Rule 17ad-26.\5\ ICC proposes to make such
changes effective following Commission approval of the proposed rule
change. The proposed amendments reflect changes that impacted ICC in
the past year, including the planned expansion of ICC's clearing
services to encompass U.S. Treasury (``UST'' or ``Treasury'')
securities as part of the new Treasury clearing service,\6\ as well as
additional updates and edits to the Plans intended to promote clarity,
streamline, and to ensure that the information provided is current. The
proposed rule change is described in detail as follows.
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\4\ See 17 CFR 240.17ad-22(e)(3)(ii).
\5\ See 17 CFR 240.17ad-26.
\6\ ICC filed an application on Form CA-1 (``Application'')
under Section 17A of the Securities Exchange Act of 1934 (the
``Act'') (15 U.S.C. 78q-1) with the Commission to register as a
clearing agency to provide central counterparty services for
transactions involving UST securities on August 1, 2025. Notice of
ICC's Application was published in the Federal Register on August
21, 2025. See Securities Exchange Act Release No. 103727 (August 18,
2025), 90 FR 40879 (August 21, 2025) (File No. 600-45). The
Commission issued an order granting ICC's Application for
registration as a clearing agency to provide central counterparty
services for transactions involving Treasury securities on January
30, 2026. See Securities Exchange Act Release No. 104762 (January
30, 2026), 91 FR 5528 (February 6, 2026) (File No. 600-45).
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I. ICC Recovery Plan
Consistent with the regulations applicable to ICC, the Recovery
Plan is designed to establish ICC's actions to maintain its viability
as a going concern to address any uncovered credit loss, liquidity
shortfall, capital inadequacy, or business, operational or other
structural weakness that threatens ICC's viability. The purpose of the
Recovery
[[Page 58209]]
Plan is to describe the actions and steps that would be taken to: (i)
restore ICC to a stable and sustainable condition in the event that it
came under severe stress; and (ii) maintain effective arrangements for
ensuring losses that threaten ICC's viability as a going concern are
allocated. As noted above, the proposed amendments reflect and relate
to changes that impacted ICC, including the expansion of ICC's clearing
services to encompass UST securities, as well as general updates and
edits to the Plans intended to promote clarity, streamline, and to
ensure that the information provided is current.
ICC proposes to amend Section I. ICC proposes updating the
terminology used to reference its members throughout the Recovery Plan
to distinguish between the existing CDS clearing service and the new
Treasury clearing service. ICC proposes to clarify that ICC Clearing
Participants (``Clearing Participants'' or ``CPs'') refer to members in
the CDS clearing service and ICC Treasury Participants (``Treasury
Participants'' or ``TPs'') refer to members in the Treasury clearing
service.\7\ ICC proposes related changes throughout the document to
update terminology to distinguish between the existing CDS clearing
service and the new Treasury clearing service, including, among others,
references to the CDS Rules versus the Treasury Rules. Additionally, in
Section I. and throughout the document, the proposed changes specify
that the information provided in the amended Recovery Plan is current
as of March 6, 2026, unless otherwise stated.
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\7\ Such terminology is consistent with the CDS Rules and
Treasury Rules.
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ICC proposes to amend Section II. ICC proposes to include
background on the launch of ICC as a CDS clearinghouse.\8\ This
additional context is intended to distinguish ICC's existing CDS
clearing activities and approvals from its planned Treasury clearing
activities and recent approval to provide clearing services for
Treasury securities.\9\ ICC proposes language regarding this recent
approval to offer central counterparty clearing and settlement services
to the Treasury market. ICC proposes a footnote to acknowledge that the
Treasury clearing service is not yet launched. The footnote is intended
to provide transparency and clarity, as the Recovery Plan incorporates
Treasury clearing service-specific information that is based on the
anticipated launch of the service. While the Treasury clearing service
has not yet launched, and ICC proposes the additional footnote noting
so, ICC would include available information pertaining to the Treasury
clearing service throughout the Recovery Plan, in accordance with ICC's
approved Treasury Rules and approved Treasury clearing service policies
and procedures.\10\ Moreover, currently, the Recovery Plan sets out
ICC's sole critical operation as its CDS clearing services, which ICC
proposes to expand more generally to ``clearing services'' to consider
the Treasury clearing service in Section II. and throughout the
Recovery Plan. ICC proposes to update terminology to distinguish
between the existing CDS clearing service and the new Treasury clearing
service, including references to the CDS clearing service General
Guaranty Fund versus the Treasury clearing service Treasury Guaranty
Fund.\11\ ICC proposes additional changes to outline ICC's role as a
central counterparty for the Treasury clearing service in this section
and throughout the document.
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\8\ Additional information is publicly available in ICC's
Disclosure Framework at <a href="https://www.ice.com/publicdocs/clear_credit/ICEClearCredit_DisclosureFramework.pdf">https://www.ice.com/publicdocs/clear_credit/ICEClearCredit_DisclosureFramework.pdf</a>.
\9\ See Securities Exchange Act Release No. 104762 (January 30,
2026), 91 FR 5528 (February 6, 2026) (File No. 600-45) (Commission
order granting ICC's Application for registration as a clearing
agency to provide central counterparty services for transactions
involving Treasury securities).
\10\ Id.
\11\ See supra note 7.
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ICC proposes changes to Section III. ICC proposes to remove
references to certain regulatory guidance that has been withdrawn.\12\
While such guidance has been withdrawn, ICC continues to consider the
principles underlying that guidance in its recovery planning and,
accordingly, proposes to replace references to such guidance with
references to industry best practices.
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\12\ See Commodity Futures Trading Commission, Press Release No.
9120-25 (September 11, 2025), available at <a href="https://www.cftc.gov/PressRoom/PressReleases/9120-25">https://www.cftc.gov/PressRoom/PressReleases/9120-25</a> (noting ``the guidance is
duplicative and not necessary'').
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ICC proposes changes to Section IV. ICC proposes a clean-up change
in describing CDS Rule 201(c) which sets out the types of entities that
may qualify as Clearing Participants. The current Recovery Plan
language states that an entity ``must be one of the following'' to
qualify as a Clearing Participant. As amended, the language would state
that an entity ``may be one of the following'' to qualify as a Clearing
Participant in order to be consistent with the current language of CDS
Rule 201(c).\13\ ICC proposes to incorporate information regarding
participation in the Treasury clearing service in accordance with its
Treasury Rules. For example, ICC would incorporate reference to
Treasury Rule 201(c), stating that to qualify as a Treasury Participant
for the Treasury clearing service, an entity may be one of the
following: registered broker-dealer, registered investment company,
bank, insurance company, futures commission merchant, registered
clearing agency, or an entity which may not fall within the above
categories, as designated appropriate by the SEC.\14\ Such changes are
consistent with those approved in SR-ICC-2026-002 and ICC proposes a
footnote in the Recovery Plan to indicate that they are more recent.
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\13\ See CDS Rule 201(c), which states, in relevant part, that
``the following categories of persons may be approved by ICE Clear
Credit as Participants''.
\14\ Such changes are consistent with a recent ICC rule filing,
SR-ICC-2026-002. ICC would include a footnote in the Recovery Plan
to indicate that these changes are more recent. See Securities
Exchange Act Release No. 105986 (July 24, 2026), 91 FR 47864 (July
29, 2026) (File No. SR-ICC-2026-002) (approving changes to clarify
that futures commission merchants and registered clearing agencies
that meet the participation standards in Treasury Rule 201(b) may
also be approved as Treasury Participants).
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ICC proposes additional changes in Section IV., including regarding
operational capacity, financial responsibility and capital
requirements, funding requirements, and collateral management. Such
changes generally incorporate reference to the Treasury clearing
service and distinguish between the Treasury clearing service and CDS
clearing service in accordance with the CDS and Treasury Rules. With
respect to financial responsibility and capital requirements, ICC
proposes to outline that CDS and Treasury clearing services operate
separately in terms of financial resources. The CDS clearing service
maintains a separate General Guaranty Fund and calls for and holds
margin payments from Clearing Participants independently of margin
payments called for in connection with the Treasury clearing service.
Regarding funding requirements, ICC proposes to specify acceptable
forms of collateral for Initial Margin and Treasury Guaranty Fund
contributions for the Treasury clearing service in accordance with
Treasury Rule 401 and Schedule 401 to the Treasury Rules. With respect
to collateral management, ICC proposes to specify that the Treasury
clearing service determines its liquidity needs separately from the CDS
clearing service and maintains separate liquidity resources. ICC also
proposes to include the ICC eligible collateral for the Treasury
clearing service as of March 6, 2026 in accordance with Treasury Rule
401 and Schedule 401 to the Treasury Rules. ICC further proposes to
update references throughout the Recovery Plan to distinguish ICC CDS
Rules and ICC Treasury Rules.
[[Page 58210]]
ICC proposes additional changes in Section IV. with respect to
governance structure. ICC proposes to update the Recovery Plan to
reflect that ICC has a board-level Board Risk Committee.\15\ With the
addition of the Board Risk Committee, ICC proposes to update the
governance chart in this section to include the Board Risk Committee
and to include a new subsection describing the role and
responsibilities of the Board Risk Committee. ICC also proposes to
incorporate certain Treasury clearing service-specific committees and
groups in this governance chart and include language describing their
roles and responsibilities. ICC proposes a footnote explaining that
such Treasury clearing service-specific working groups and committees
have not yet been formed and may be convened at the direction of ICC
management in connection with the launch of the Treasury clearing
service. These groups and committees would include the Treasury Risk
Committee,\16\ Treasury Operations Working Group,\17\ and the Treasury
Risk Working Group.<SUP>18 19</SUP> ICC also proposes to add language
describing the Specified Actions (as defined in ICC Treasury Rule 502)
that require prior consultation with the Treasury Risk Committee,
including certain matters relating to the acceptance for clearing of
Treasury transactions, modifications to the ICC Treasury Rules relating
to margin and the Treasury Guaranty Fund, as well as certain recovery-
related matters such as commencing reduced gain distribution or
implementing full clearing service termination. In connection with
these governance changes, ICC proposes related changes to update
terminology throughout the Recovery Plan to distinguish between the
existing CDS clearing service and the new Treasury clearing service,
including references to the CDS Risk Committee versus the Treasury Risk
Committee. ICC further proposes a clarifying edit to provide that a
majority of each Risk Committee constitutes a quorum for doing business
to ensure consistency with the CDS and Treasury Rules.\20\
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\15\ ICC previously filed a proposed rule change to establish
the Board Risk Committee. See Securities Exchange Act Release No.
103161 (May 30, 2025), 90 FR 23970 (June 5, 2025) (File No. SR-ICC-
2025-006).
\16\ The description of the Treasury Risk Committee included in
the Recovery Plan is intended to align with the corresponding
provisions set forth in the Treasury Rules. See Chapter 5 of the
Treasury Rules for additional information regarding the role and
responsibilities of the Treasury Risk Committee.
\17\ The Treasury Operations Working Group would be composed of
Treasury Participant operations personnel, and the Treasury
Operations Working Group would review and provide feedback regarding
various operational initiatives in connection with the Treasury
clearing service. All Treasury Participants would be invited to
participate in the Treasury Operations Working Group. In general,
this structure is similar to that of the CDS Operations Working
Group for the CDS clearing service.
\18\ The Treasury Risk Working Group would be composed of
Treasury Participant risk personnel and would provide input to the
ICC Risk Department and ICC management as well as the Treasury Risk
Committee to help ensure ICC's risk management framework in
connection with the Treasury clearing service is robust and that it
correctly and equitably charges each Treasury Participant for the
amount and type of risk they introduce to the clearing house. In
general, this structure is similar to that of the CDS Risk Working
Group for the CDS clearing service.
\19\ For clarity, ICC proposes to apply a CDS or Treasury prefix
to certain committees and working groups to indicate the applicable
clearing service.
\20\ See CDS and Treasury Rule 505.
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ICC proposes additional changes in Section IV. to reflect changes
impacting ICC within the past year. Consistent with previously approved
changes to the CDS Rules and CDS default management procedures, ICC
proposes to remove references to ``direct liquidation'' as a hedging
and liquidation mechanism in the context of managing a defaulting CP's
portfolio.\21\ Additionally, ICC proposes to update titles and
committee memberships to reflect current committee composition.
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\21\ See Securities Exchange Act Release No. 103601 (July 31,
2025), 90 FR 37612 (August 5, 2025) (File No. SR-ICC-2025-010)
(approving changes to ICC's Clearing Participant Default Management
Procedures and CDS Rules).
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ICC proposes amendments to Section V. With respect to the list of
critical services provided to ICC by affiliates, ICC proposes to update
the relevant agreement governing those services.\22\ ICC proposes
updates to include the core services for the Treasury clearing service,
consistent with the identification of such core services for the CDS
clearing service. These core services include acceptance of new trades,
management of positions, production of risk and banking reports, and
movement of funds. ICC also proposes to amend its staffing
considerations regarding the roles necessary to support the core
services on a daily basis and in the event of recovery. ICC proposes to
specify that, in general, all staff in a functional area provide
support for all cleared products and markets at ICC and personnel are
not split between the CDS and Treasury clearing services.
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\22\ See Securities Exchange Act Release No. 105918 (July 15,
2026), 91 FR 45306 (July 20, 2026) (File No. SR-ICC-2026-004)
(approving changes reflecting a new agreement executed by ICC).
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ICC proposes amendments to Section VII. As required by CFTC and SEC
regulations,\23\ ICC would continue to identify scenarios that may
potentially prevent ICC from being able to meet its obligations,
provide its critical operations and services as a going concern. With
respect to such stress scenarios, ICC proposes changes to incorporate
reference to the Treasury clearing service and distinguish between the
Treasury clearing service and CDS clearing service where appropriate.
ICC proposes to clarify that whether a member is in default in each
clearing service will be determined independently under the rules of
each clearing service, except as follows. Specifically, should a common
member default in a single clearing service, such event will not
automatically lead to a default declaration of such common member in
the other ICC clearing service. However, the fact the common member has
defaulted in a single clearing service could lead to the determination
that such common member is, in the judgement of ICC, likely to fail to
meet any of its obligations to the other clearing service, which could
be a basis for declaring such common member in default in the other
clearing service. ICC further proposes minor changes to ICC's existing
monitoring mechanisms to include Treasury Participants. ICC proposes
certain clarifying edits to remove modifiers from and add a
parenthetical to the list of monitored metrics, which currently applies
to the CDS clearing service. Such changes are intended to update and
streamline the description such that it applies to both clearing
services. For the avoidance of doubt, such changes do not amend ICC's
existing practices for the CDS clearing service and maintain
consistency with existing policies and procedures.
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\23\ CFTC Regulation 17 CFR 39.39(c)(1) and SEC Rules 17 CFR
240.17ad-22(e)(4), 17 CFR 240.17ad-22(e)(15)(i) and 17 CFR 240.17ad-
26(a)(3).
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Furthermore, ICC proposes to amend Section VIII. which describes
the recovery tools available to ICC in the event of a stress scenario.
With respect to such recovery tools, ICC proposes changes to
incorporate reference to the Treasury clearing service and distinguish
between the Treasury clearing service and CDS clearing service where
appropriate. ICC proposes to clarify that the use of these recovery
tools is done separately under the rules of each clearing service. ICC
further proposes to clarify that as each of the CDS and Treasury
clearing services are designed to be independent with their own
separate rulebooks, memberships and default resources, ICC does not
expect that a recovery caused by a
[[Page 58211]]
participant default in one clearing service will cross over to cause a
recovery scenario in the other service. This design is intended to
minimize the financial risks posed by the Treasury clearing service to
the CDS clearing service and vice versa. Consistent with the separate
rulebooks for the two clearing services, ICC proposes to further
specify that the CDS General Guaranty Fund and CDS margin assets will
not be used to cover losses from a default in the Treasury clearing
service, or vice versa. Additionally, ICC proposes amendments to its
description of the tools available to address credit losses in a
participant default scenario. For example, ICC proposes to specify
that, for the Treasury clearing service, these tools generally include:
(i) declaration of a TP default; (ii) communicating the default; and
(iii) conducting default management actions to eliminate, settle,
reduce, or replace the risk of the defaulter's open Treasury positions.
ICC also proposes to add a subsection describing its ability under
existing Treasury Rule 20-605(d)(v) to run one or more default auctions
to address credit losses in a participant default scenario in the
Treasury clearing service.\24\ With respect to financial resources, ICC
proposes to include its financial resources hierarchy for the Treasury
clearing service, in the order of consumption. ICC also proposes
changes to include a description of ICC's Treasury Guaranty Fund,
consistent with Treasury Rule 801. ICC proposes changes to specify
which recovery tools are applicable to the CDS clearing service and/or
the Treasury clearing service in accordance with the CDS and Treasury
Rules. ICC also proposes clean-up changes to its overview of initial
default auctions for the CDS clearing service. Such changes include
updating examples to align with those included in the current version
of the Default Auction Procedures--Initial Default Auctions and
replacing existing tables and text-based examples with graphical
illustrations to improve formatting and presentation.\25\
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\24\ See Treasury Rule 20-605(d)(v) (``to enter into Trades or
other transactions that replace or mitigate the risk of all or part
of the Open Treasury Positions of the Defaulting Treasury
Participant, liquidate securities held as collateral or received in
settlement from or for the account of the Defaulting Treasury
Participant and replace or liquidate any Initial Cover Transactions
. . . Such Trades or transactions may be entered into pursuant to
(i) one or more Default Auctions conducted pursuant to the Default
Auction Procedures''). Additional detail is forthcoming in the
Treasury Clearing Service Default Auction Procedures.
\25\ The Default Auction Procedures--Initial Default Auctions
are publicly available at <a href="https://www.ice.com/publicdocs/ICC_Default_Auction_Procedures.pdf">https://www.ice.com/publicdocs/ICC_Default_Auction_Procedures.pdf</a>.
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ICC also proposes changes to the tools to address liquidity
shortfalls in participant default scenarios to incorporate reference to
the Treasury clearing service and distinguish between the Treasury
clearing service and CDS clearing service where appropriate. ICC
proposes to incorporate reference to ICC's Treasury Clearing Service
Liquidity Risk Management Framework (``LRMF'') and describe the LRMF's
objectives as well as ICC's liquidity waterfall, consistent with the
language in the LRMF.\26\ ICC proposes an additional subsection
regarding certain additional liquidity tools for the Treasury clearing
service, consistent with the Treasury Rules \27\ and LRMF. ICC
similarly proposes changes to the tools for non-participant default
scenarios to incorporate reference to the Treasury clearing service and
distinguish between the Treasury clearing service and CDS clearing
service where appropriate. Additionally, ICC proposes to explicitly
clarify that it is likely that a recovery scenario in one clearing
service would not trigger a significant reduction in ICC's employee
headcount because the other clearing service would continue business-
as-usual operations. ICC further provides a minor terminology update to
improve clarity in the insurance coverage table by removing a duplicate
entry when outlining the insurance coverage maintained by
Intercontinental Exchange, Inc. (``ICE Inc.)''.
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\26\ See supra notes 6 and 14.
\27\ See Treasury Rule 812.
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ICC proposes to amend Section IX. As the CDS and Treasury Risk
Committees provide for customer participation, ICC proposes to remove a
related statement that is no longer current. ICC proposes a terminology
update to change a reference from ``full tear-up'' to ``full
termination'' to be consistent with the language in CDS and Treasury
Rules 810, which use ``termination'' rather than ``tear-up'' when
discussing the termination of clearing. Additionally, ICC proposes
revisions to the annual review process for the Recovery Plan. Under the
current language, the annual review and material amendments to this
plan are presented to the Risk Committee,\28\ who then makes a
recommendation to the Board regarding their approval. As amended, the
annual review and material amendments to this plan would be presented
to the Board Risk Committee, who would then make a recommendation to
the Board regarding their approval. This change is generally intended
to streamline the CDS and Treasury Risk Committees' review processes
and remove the potential for duplicate reviews. The CDS and Treasury
Committees would continue to review material matters impacting this
plan in accordance with the CDS and Treasury Rules and committee
charters,\29\ but would no longer be required to conduct a separate
review solely in connection with the Recovery Plan. ICC proposes to
provide additional details regarding ICC's testing of the Recovery
Plan. ICC proposes to include that ICC may determine to conduct this
Recovery Plan testing separately or together for the CDS and Treasury
clearing services.
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\28\ This reference to ``Risk Committee'' in the plan refers to
the CDS Risk Committee, as ICC has not yet established a Treasury
Risk Committee.
\29\ For example, by reviewing and recommending for Board
approval changes to Rules or procedures which are referenced in this
plan.
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In addition to the foregoing proposed changes, ICC proposes general
updates to the Recovery Plan to ensure that the information in the
Recovery Plan is current and accurate. Namely, the proposed changes
ensure that relevant information regarding ICC for the purposes of
recovery planning is current with respect to below regarding the CDS
clearing service and Treasury clearing service, where available:
<bullet> Clearing Participants in Section IV.B.;
<bullet> CDS Default Committee--Eligible Clearing Participants in
Section IV.B.;
<bullet> ICC revenue, volume, and expense data in Section IV.D.;
<bullet> ICC personnel and facilities in Section VI.A.;
<bullet> ICC CDS In-House Systems in Section VI.A.;
<bullet> ICC UST In-House Systems in Section VI.A.;
<bullet> identification of ICC's counterparties in the Counterparty
Chart in Section VI.B.;
<bullet> identification of ICC's contractual agreements in Section
VI.C.;
<bullet> change in contact information for CFTC and SEC contacts in
Section VII.B.;
<bullet> ICE Inc. insurance coverage in Section VIII.B.;
<bullet> ICE Inc. and ICC balance sheet information in Section
VIII.B.;
<bullet> ICC dividend payments made in 2025 in Section VIII.B.;
<bullet> ICC 2025 transaction and clearing fee revenue in Section
VIII.B.;
<bullet> ICC 2025 outsourcing fees in Section VIII.B.;
<bullet> ICC 2025 compensation data in Section VIII.B.;
<bullet> ICC 2025 annual bonus payments in Section VIII.B.;
<bullet> ICC lease payments to ICE Inc. in Section VIII.B.;
[[Page 58212]]
<bullet> ICC projected estimated recovery and wind-down costs in
Section X.;
<bullet> calculation of ICC's projected 12-month operating expenses
in Section X.;
<bullet> ICC and ICE Inc. financial information in Section XI.;
<bullet> key ICC reports and descriptions for the Treasury clearing
service in Section XII;
<bullet> ICC glossary of key terms in Appendix A in Section XIII;
<bullet> banking institutions and example proportion of holdings in
Appendix C in Section XIII;
<bullet> ICC stress scenario analysis in Appendix D in Section
XIII;
<bullet> ICC recovery tool analysis in Appendix E in Section XIII;
<bullet> recovery tool analysis applied to each scenario in
Appendix F in Section XIII; and
<bullet> index of exhibits in Section XIV.
Finally, ICC proposes non-substantive drafting changes and
improvements to the Recovery Plan, such as the correction of
typographical errors, and the re-numbering of sub-sections to reflect
the addition and deletion of sub-sections as described above.
II. ICC Wind-Down Plan
Consistent with the regulations applicable to ICC, the Wind-Down
Plan is designed to establish how ICC could be wound-down in an orderly
manner. The Wind-Down Plan would be used in the event the recovery
actions described in the ICC Recovery Plan failed to preserve ICC's
viability as a going concern (and therefore recovery is not possible)
and resolution has not been triggered. Furthermore, the Wind-Down Plan
may be used in the event ICC makes a business decision to exit all
clearing activities. As noted above, the proposed amendments reflect
and relate to changes that impacted ICC in the past year, including the
expansion of ICC's clearing services to encompass UST securities,
additional updates and edits to the Plans intended to promote clarity,
streamline, and to ensure that the information provided is current.
ICC proposes to amend Section I. The proposed changes specify that
the information provided in the amended Wind-Down Plan is current as of
March 6, 2026, unless otherwise stated. ICC also proposes a footnote to
acknowledge that the Treasury clearing service is not yet launched. The
footnote is intended to provide transparency and clarity, as the Wind-
Down Plan incorporates Treasury Clearing Service-specific information
that is based on the anticipated launch of the service.
ICC proposes to amend Section II. As described above, ICC proposes
updating the terminology used to reference its members throughout the
Wind-Down Plan to distinguish between the existing CDS clearing service
and the new Treasury clearing service. ICC proposes to clarify that CPs
refer to members in the CDS clearing service and TPs refer to members
in the Treasury clearing service.\30\ ICC proposes related changes
throughout the document to update terminology to distinguish between
the existing CDS clearing service and the new Treasury clearing
service, including, references to the CDS clearing service General
Guaranty Fund versus the Treasury clearing service Treasury Guaranty
Fund, the CDS Rules versus the Treasury Rules, and the CDS Risk
Committee versus the Treasury Risk Committee.\31\
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\30\ Such terminology is consistent with the CDS Rules and
Treasury Rules.
\31\ Id.
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ICC proposes additional changes in Section II. to include
background on the launch of ICC as a CDS clearinghouse.\32\ This
additional context is intended to distinguish ICC's existing CDS
clearing activities and approvals from its planned Treasury clearing
activities and recent approval to provide clearing services for
Treasury securities.\33\ While the Treasury clearing service has not
yet launched, and ICC proposes an additional footnote noting so, ICC
would include available information pertaining to the Treasury clearing
service throughout the Wind-Down Plan, in accordance with ICC's
approved Treasury Rules and approved Treasury clearing service policies
and procedures.\34\ Moreover, currently, the Wind-Down Plan sets out
ICC's sole critical operation as its CDS clearing services, which ICC
proposes to expand more generally to ``clearing services'' to consider
the Treasury clearing service in Section II. and throughout the Wind-
Down Plan. ICC proposes additional changes to outline ICC's role as a
central counterparty for the Treasury clearing service in this section
and throughout the document.
---------------------------------------------------------------------------
\32\ See supra note 8.
\33\ See supra note 9.
\34\ See supra notes 6 and 14.
---------------------------------------------------------------------------
ICC proposes changes to Section III. ICC proposes to remove
references to certain regulatory guidance that has been withdrawn.\35\
While such guidance has been withdrawn, ICC continues to consider the
principles underlying that guidance in its wind-down planning and,
accordingly, proposes to replace references to such guidance with
references to industry best practices.
---------------------------------------------------------------------------
\35\ See supra note 12.
---------------------------------------------------------------------------
ICC proposes changes in Section IV. with respect to governance
structure. ICC proposes to update the Wind-Down Plan to reflect that
ICC has a board-level Board Risk Committee.\36\ With the addition of
the Board Risk Committee, ICC proposes to update the governance chart
in this section to include the Board Risk Committee and to include a
new subsection describing the role and responsibilities of the Board
Risk Committee. ICC also proposes to incorporate certain Treasury
clearing service-specific committees and groups in the governance chart
and include language describing their role, responsibilities, and
composition. ICC proposes a footnote explaining that such Treasury
clearing service-specific working groups and committees have not yet
been formed and may be convened at the direction of ICC management in
connection with the launch of the Treasury clearing service. These
groups and committees would include the Treasury Risk Committee,\37\
Treasury Operations Working Group,\38\ and the Treasury Risk Working
Group.\39 40\
---------------------------------------------------------------------------
\36\ See supra note 15.
\37\ The description of the Treasury Risk Committee included in
the Wind-Down Plan is intended to align with the corresponding
provisions set forth in the Treasury Rules. See supra note 16.
\38\ See supra note 17.
\39\ See supra note 18.
\40\ See supra note 19.
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ICC proposes amendments to Section V with respect to wind-down
stress scenarios. As required by CFTC and SEC regulations,\41\ ICC
would continue to identify scenarios that may potentially prevent ICC
from being able to meet its obligations, provide its critical
operations and services as a going concern, which may lead to ICC's
orderly wind-down. With respect to such stress scenarios, ICC proposes
changes to incorporate reference to the Treasury clearing service and
distinguish between the Treasury clearing service and CDS clearing
service where appropriate.
---------------------------------------------------------------------------
\41\ CFTC Regulation 17 CFR 39.39(c)(1) and SEC Rules 17 CFR
240.17ad-22(e)(4), 17 CFR 240.17ad-22(e)(15)(i) and 17 CFR 240.17ad-
26(a)(3).
---------------------------------------------------------------------------
ICC proposes to amend Section VI. which describes the wind-down
options that will be used in the event that the recovery actions
described in the Recovery Plan failed to preserve ICC's viability as a
going concern and resolution has not been triggered. With respect to
such wind-down options, ICC proposes changes to incorporate reference
to the Treasury clearing service and distinguish between the Treasury
clearing service and CDS clearing service where appropriate.
Additionally, ICC proposes amendments to its approach, timeline,
resources,
[[Page 58213]]
considerations and/or potential impediments of each wind-down option to
include the Treasury clearing service. ICC's wind-down options continue
to consist of transfer, sale and termination, and amended Section VI.
contemplates ICC winding down the CDS and/or Treasury clearing services
using such options. With respect to the termination option, ICC
proposes terminology updates to change references from ``tear-up'' to
``termination'' to be consistent with the language in CDS and Treasury
Rules 810, which use ``termination'' rather than ``tear-up'' when
discussing the termination of clearing.
ICC proposes changes to its description of the transfer option to
contemplate a transfer of either the CDS clearing service or the
Treasury clearing service, as well as a transfer of both services. For
example, ICC proposes to specify in Section VI. that ICC may transfer
ICC's Treasury clearing service, including open positions to an
alternative clearing house. ICC further proposes to clarify that if
both CDS and Treasury clearing services will be transferred, ICC
anticipates pursuing the relevant processes in parallel, such that the
anticipated timeline will not be delayed. In addition, ICC proposes to
clarify if only one clearing service will be transferred, ICC would
continue to maintain risk, treasury, compliance and operations teams on
a business-as-usual basis for the remaining clearing service. With
respect to potential impediments or considerations, ICC proposes to
note that there may be a limited number of potential recipient clearing
houses because such clearing houses would be required to have all
appropriate registrations.
ICC proposes changes to its description of the sale option to
contemplate the sale of either the CDS clearing service or the Treasury
clearing service, as well as the sale of both services. ICC proposes to
define the sale option to include the sale of ICC's Treasury clearing
activities to another entity. Similarly, ICC proposes to specify that
in the case of a sale of both CDS and Treasury clearing activities, ICC
anticipates pursuing the relevant processes in parallel, such that the
anticipated timeline will not be delayed. With respect to potential
impediments or considerations, ICC proposes to clarify that if only one
clearing service will be sold, a service provider may prefer to provide
transitional services to the recipient clearing house for a specified
time period.
ICC proposes changes to its description of the termination option
to contemplate a transfer of either the CDS clearing service or the
Treasury clearing service, as well as a transfer of both services. ICC
proposes to define the termination open to include the termination of
open Treasury positions ideally through orderly close out, and if
orderly close out is not achieved, through the tear up of open
positions. ICC proposes to specify that if only one clearing service
will be terminated, ICC will continue to maintain risk, treasury,
compliance and operations teams on a business-as-usual basis for the
remaining clearing service.
ICC proposes amendments to Section VII. With respect to the list of
critical services provided to ICC by affiliates, ICC proposes to update
references to the relevant agreement governing those services.\42\ ICC
further proposes to revise the service descriptions in the ``Critical
Services Provided to ICC by Third Party Service Providers'' chart to
incorporate reference to the Treasury clearing service and to describe
the relevant services more generally. Such changes are intended to
align the language in the chart with the corresponding chart in the
Recovery Plan. ICC proposes updates to include the core services for
the Treasury clearing service, consistent with the identification of
such core services for the CDS clearing service. These core services
include acceptance of new trades, management of positions, production
of risk and banking reports, and movement of funds. ICC also proposes
to amend its staffing considerations regarding the roles necessary to
support the core services on a daily basis and in the event of wind-
down. ICC proposes to specify that, in general, all staff in a
functional area provide support for all cleared products and markets at
ICC and personnel are not split between the CDS and Treasury clearing
services. ICC proposes to clarify that ICC separately holds the
dedicated funds used to meet financial resources requirements for the
CDS clearing service from the Treasury clearing service.
---------------------------------------------------------------------------
\42\ See supra note 22.
---------------------------------------------------------------------------
ICC proposes to amend Section VIII., which analyzes ICC's
contractual arrangements in the context of continuation of services
during wind-down. ICC proposes to incorporate reference to the Treasury
clearing service and to distinguish between the Treasury clearing
service and the CDS clearing service where appropriate. This includes
identifying which arrangements are applicable to each clearing service.
ICC also proposes conforming updates to its description of the relevant
contractual provisions and to its analysis of the potential impact of
such provisions on wind-down implementation. Such updates include the
effect of a counterparty's termination of an agreement on a non-
impacted clearing service.
ICC proposes to update Section IX, X and XI. ICC proposes updates
to Section IX. with respect to its financial resources for wind-down
planning. Namely, ICC proposes to specify that it ensures that it is in
compliance with all regulatory capital requirements at the entity level
in Section IX. ICC proposes to update Section X. with respect to wind-
down governance. ICC proposes updates to include the ICC Board Risk
Committee in the Wind-Down Plan's governance. Under the current
language, the annual review and material amendments to this plan are
presented to the Risk Committee,\43\ who then makes a recommendation to
the Board regarding their approval. As amended, the annual review and
material amendments to this plan would be presented to the Board Risk
Committee, who would then make a recommendation to the Board regarding
their approval. As discussed above, this change is generally intended
to streamline the CDS and Treasury Risk Committees' review processes
and remove the potential for duplicate reviews. The CDS and Treasury
Committees would continue to review material matters impacting this
plan in accordance with the CDS and Treasury Rules and committee
charters,\44\ but would no longer be required to conduct a separate
review solely in connection with the Wind-Down Plan. ICC proposes to
specify that the results of testing of the Wind-Down Plan will be
provided to the Treasury Risk Committee and Board Risk Committee, in
addition to the CDS Risk Committee and Board. ICC proposes to update
Section XI. with respect to certain clearing process charts in Section
XI.B and C. ICC proposes to specify that these charts reflect the CDS
clearing service. The Treasury clearing service has not yet launched.
Accordingly, Treasury clearing process charts are not included at this
time, and this section will be updated in a future filing.
---------------------------------------------------------------------------
\43\ See supra note 28.
\44\ See supra note 29.
---------------------------------------------------------------------------
In addition to the foregoing proposed changes, ICC proposes general
updates to the Wind-Down Plan to ensure that the information in the
Wind-Down Plan is current and accurate. Namely, the proposed changes
ensure that relevant information regarding ICC for the purposes of
wind-down planning is current with respect to below regarding
[[Page 58214]]
the CDS clearing service and Treasury clearing service, where
available:
<bullet> Clearing Participants in Section IV.A.;
<bullet> change in contact information for the SEC and CFTC
contacts in Section VI.A.;
<bullet> ICC clearing and processing fees in Section VII.;
<bullet> ICC personnel and facilities in Section VII.C.;
<bullet> ICC CDS In-House Systems in Section VII.C.;
<bullet> ICC UST In-House Systems in Section VII.C.;
<bullet> identification of ICC's counterparties in the Counterparty
Chart VII.D.;
<bullet> contractual arrangements chart in Section VIII.;
<bullet> financial resources to support wind-down in Section IX.;
<bullet> glossary of key terms in Section XI.A;
<bullet> banking institutions and example proportion of holdings
charts in Section XI.C.;
<bullet> ICC stress scenario analysis chart in Section XI.D.; and
<bullet> index of exhibits in Section XII.
Finally, ICC proposes non-substantive drafting changes and
improvements to the Wind-Down Plan, such as the correction of
typographical errors and the re-numbering of sub-sections to reflect
the addition and deletion of sub-sections as described above.
(b) Statutory Basis
ICC believes that the proposed rule changes are consistent with the
requirements of Section 17A of the Act \45\ and the regulations
thereunder applicable to it, including the applicable standards under
Rule 17ad-22.\46\ In particular, Section 17A(b)(3)(F) of the Act \47\
requires that the rule change be consistent with the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICC, the
safeguarding of securities and funds in the custody or control of ICC
or for which it is responsible, and the protection of investors and the
public interest.
---------------------------------------------------------------------------
\45\ 15 U.S.C. 78q-1.
\46\ 17 CFR 240.17ad-22.
\47\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
ICC believes the proposed changes would enhance its ability to
effectuate a successful recovery as well as to execute an orderly wind-
down by providing updates and additional clarity with respect to ICC's
recovery and wind-down processes and procedures. As discussed herein,
the proposed revisions ensure that relevant information regarding ICC
for recovery and wind-down planning is current and up to date and
includes ICC's Treasury clearing service. The Plans would thus promote
ICC's ability to continue providing clearing services with as little
disruption as possible, and should continuation not be feasible in one
or both clearing services, promote ICC's ability to discontinue one or
both clearing services in an orderly manner with minimum negative
impact to the marketplace and stakeholders. Accordingly, in ICC's view,
the proposed rule change is consistent with the prompt and accurate
clearance and settlement of securities transactions, derivatives
agreements, contracts, and transactions, the safeguarding of securities
and funds in the custody or control of ICC or for which it is
responsible, and the protection of investors and the public interest,
within the meaning of Section 17A(b)(3)(F) of the Act.\48\
---------------------------------------------------------------------------
\48\ Id.
---------------------------------------------------------------------------
The proposed rule changes would also satisfy the relevant
requirements of Rule 17ad-22.\49\ Rule 17ad-22(e)(2) \50\ requires, in
relevant part, each covered clearing agency to establish, implement,
maintain, and enforce written policies and procedures reasonably
designed to provide for governance arrangements that are (i) clear and
transparent; (ii) clearly prioritize the safety and efficiency of the
covered clearing agency; (iii) support the public interest requirements
of Section 17A of the Act \51\ applicable to clearing agencies, and the
objectives of owners and participants; (iv) establish that the board of
managers and senior management have appropriate experience and skills
to discharge their duties and responsibilities; (v) specify clear and
direct lines of responsibility; and (vi) consider the interests of
participants' customers securities issuers and holders, and other
relevant stakeholders of the covered clearing agency. The proposed
changes include the addition of the Board Risk Committee and Treasury
clearing service-specific committees and working groups thereby,
clarifying ICC's governance arrangements that are relevant to recovery
and wind-down, including the roles and responsibilities of the Board,
applicable committees, and management. Additionally, pursuant to the
amended Plans, the annual review and any material amendments would be
presented to the Board Risk Committee, which would make a
recommendation to the Board regarding approval. As described above,
this change would streamline the CDS and Treasury Risk Committees'
review processes and eliminate the potential for duplicative reviews,
while continuing to maintain governance arrangements that support ICC's
recovery and wind-down planning. ICC's governance arrangements continue
to promote the safety and efficiency of ICC and support the public
interest requirements in Section 17A of the Act \52\ applicable to
clearing agencies, and the objectives of owners and participants, by
updating ICC's governance structure, such that ICC continues to clearly
define relevant roles and responsibilities that prioritize the safety
and efficiency of ICC so that it continues to provide safe and sound
central counterparty services in the context of recovery or wind-down.
As such, ICC believes that the proposed rule change is consistent with
the requirements of Rule 17ad-22(e)(2).\53\
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\49\ 17 CFR 240.17ad-22.
\50\ 17 CFR 240.17ad-22(e)(2).
\51\ 15 U.S.C. 78q-1.
\52\ Id.
\53\ 17 CFR 240.17ad-22(e)(2).
---------------------------------------------------------------------------
Rule 17ad-22(e)(3)(ii) \54\ requires ICC to establish, implement,
maintain, and enforce written policies and procedures reasonably
designed to maintain a sound risk management framework for
comprehensively managing legal, credit, liquidity, operational, general
business, investment, custody, and other risks that arise in or are
borne by ICC, which includes plans for the recovery and orderly wind-
down of ICC necessitated by credit losses, liquidity shortfalls, losses
from general business risk, or any other losses. The Recovery Plan
continues to establish ICC's actions to maintain its viability as a
going concern to address any uncovered credit loss, liquidity
shortfall, capital inadequacy, or business, operational or other
structural weakness that threatens ICC's viability. The Wind-Down Plan
continues to establish how ICC could be wound-down in an orderly manner
should its recovery efforts fail. As described above, the proposed
changes include updates and edits to promote clarity and to ensure that
the information in the Plans is current and includes the expansion of
ICC's clearing services to encompass UST securities. In ICC's view,
such changes would ensure that the Plans remain useful and effective in
a recovery and wind-down scenario. The proposed rule change would thus
promote ICC's ability to carry out a successful recovery or orderly
wind-down, consistent with the requirements of Rule 17ad-
22(e)(3)(ii).\55\
---------------------------------------------------------------------------
\54\ 17 CFR 240.17ad-22(e)(3)(ii).
\55\ Id.
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[[Page 58215]]
Rule 17ad-22(e)(15) \56\ requires ICC to establish, implement,
maintain, and enforce written policies and procedures reasonably
designed to identify, monitor, and manage ICC's general business risk
and hold sufficient liquid net assets funded by equity to cover
potential general business losses so that ICC can continue operations
and services as a going concern if those losses materialize, including
by (i) determining the amount of liquid net assets funded by equity
based upon its general business risk profile and the length of time
required to achieve a recovery or orderly wind-down, as appropriate, of
its critical operations and services if such action is taken; (ii)
holding liquid net assets funded by equity equal to the greater of
either (x) six months of ICC's current operating expenses, or (y) the
amount determined by the Board to be sufficient to ensure a recovery or
orderly wind-down of critical operations and services of ICC, as
contemplated by the plans established under Rule 17ad-22(e)(3)(ii);
\57\ and (iii) maintaining a viable plan, approved by the Board and
updated at least annually, for raising additional equity should its
equity fall close to or below the amount required under Rule 17ad-
22(e)(15)(ii).\58\
---------------------------------------------------------------------------
\56\ 17 CFR 240.17ad-22(e)(15).
\57\ 17 CFR 240.17ad-22(e)(3)(ii).
\58\ 17 CFR 240.17ad-22(e)(15)(ii).
---------------------------------------------------------------------------
The Plans continue to analyze ICC's particular circumstances and
risks to ensure that ICC maintains financial resources necessary to
implement both Plans and that ICC remains in compliance with all
regulatory capital requirements. The Plans include information on the
financial resources maintained by ICC for recovery and to support wind-
down of one or both clearing services in compliance with relevant
regulations and include procedures to follow in case of any shortfall.
As such, ICC believes that the proposed rule change is consistent with
the requirements of Rule 17ad-22(e)(15).\59\
---------------------------------------------------------------------------
\59\ 17 CFR 240.17ad-22(e)(15).
---------------------------------------------------------------------------
The proposed rule change would also satisfy the requirements of
Rule 17ad-26, which broadly covers the requirements for the recovery
and orderly wind-down plans of covered clearing agencies.\60\ Rule
17ad-26 requires ICC to (1) identify and describe its core payment,
clearing, and settlement services and address how ICC would continue to
provide such core services in the event of a recovery and during an
orderly wind-down, including by: (i) identifying the staffing roles
necessary to support such core services; and (ii) analyzing how such
staffing roles necessary to support such core services would continue
in the event of a recovery and during an orderly wind-down; (2)(i)
identify and describe any service providers for core services,
specifying which core services each service provider supports; and (ii)
address how ICC would ensure that service providers for core services
would continue to perform in the event of a recovery and during an
orderly wind-down, including consideration of its written agreements
with such service providers and whether the obligations under those
written agreements are subject to alteration or termination as a result
of initiation of the recovery and orderly wind-down plan; (3) identify
and describe scenarios that may potentially prevent ICC from being able
to provide its core services as a going concern, including uncovered
credit losses, uncovered liquidity shortfalls, and general business
losses; (4) identify and describe criteria that could trigger ICC's
implementation of its recovery and orderly wind-down plans and the
process that the ICC uses to monitor and determine whether the criteria
have been met, including the governance arrangements applicable to such
process; (5) identify and describe the rules, policies, procedures, and
any other tools or resources on which ICC would rely in a recovery or
orderly wind-down; (6) address how the rules, policies, procedures, and
any other tools or resources would ensure timely implementation of the
recovery and orderly wind-down plan; (7) require ICC to inform the
Commission as soon as practicable when ICC is considering implementing
a recovery or orderly wind-down; (8) include procedures for testing
ICC's ability to implement the recovery and orderly wind-down plans at
least every 12 months, including by: (i) requiring ICC's participants
and, when practicable, other stakeholders to participate in the testing
of its plans; (ii) requiring that such testing be in addition to
default management testing; (iii) providing for reporting the results
of such testing to ICC's board of directors and senior management; and
(iv) specifying the procedures for, as appropriate, amending the plans
to address the results of such testing; and (9) include procedures
requiring review and approval of the plans by ICC's Board at least
every 12 months or following material changes to ICC's operations that
would significantly affect the viability or execution of the plans,
with such review informed, as appropriate, by ICC's testing of the
plans.
---------------------------------------------------------------------------
\60\ 17 CFR 240.17ad-26.
---------------------------------------------------------------------------
The Plans continue to establish ICC's actions in the event of
recovery or orderly wind-down, and as modified by these proposed
changes, include coverage of all the requirements of Rule 17ad-26.\61\
Specifically, the Plans (1) describe how ICC identifies staffing roles
necessary to support recovery and orderly wind-down; (2) describe its
service providers for core services, and include an analysis of its
agreements with its service providers for core services and the
potential impact of the initiation of its recovery and orderly wind-
down plan on such contractual agreements; (3) describe scenarios that
potentially could prevent ICC from being able to provide its identified
core services; (4) describe criteria that would cause ICC to trigger
implementation of the Plans and ICC's monitoring methods to determine
if the criteria have been met; (5) identify ICC Rules, policies,
procedures and tools for implementation of the Plans; (6) describe how
the Rules, policies, procedures and tools ensure a timely recovery or
wind-down process; (7) require notification of the Commission by ICC
when it is considering implementing the Plans; (8) cover testing of the
Plans every twelve (12) months; and (9) include annual review of the
Plans by the Board. ICC believes the Plans continue to provide
appropriate procedures and tools, and comprehensively describe ICC's
plans for recovery and orderly wind-down consistent with the
requirements of Rule 17ad-26.\62\
---------------------------------------------------------------------------
\61\ Id.
\62\ Id.
---------------------------------------------------------------------------
(B) Clearing Agency's Statement on Burden on Competition
ICC does not believe the proposed rule changes would have any
impact, or impose any burden, on competition. The proposed changes to
the Plans will apply uniformly across all market participants. The
changes are being proposed to promote clarity, streamline, and ensure
that the information provided is current in the Plans. ICC does not
believe the amendments would affect the costs of clearing or the
ability of market participants to access clearing. Therefore, ICC does
not believe the proposed rule changes would impose any burden on
competition that is inappropriate in furtherance of the purposes of the
Act.
[[Page 58216]]
(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 change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) by order approve or disapprove such proposed rule change, or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
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
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#a5d7d0c9c088c6cac8c8c0cbd1d6e5d6c0c68bc2cad3"><span class="__cf_email__" data-cfemail="bccec9d0d991dfd3d1d1d9d2c8cffccfd9df92dbd3ca">[email protected]</span></a>. Please include
File Number SR-ICC-2026-009 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549.
All submissions should refer to File Number SR-ICC-2026-009. 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 (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of such filings will be available for inspection and
copying at the principal office of ICE Clear Credit and on ICE Clear
Credit's website at <a href="https://www.ice.com/clear-credit/regulation">https://www.ice.com/clear-credit/regulation</a>.
Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to File Number SR-ICC-2026-009 and should
be submitted on or before October 5, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\63\
---------------------------------------------------------------------------
\63\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-18660 Filed 9-11-26; 8:45 am]
BILLING CODE 8011-01-P
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