80_FR_31738 80 FR 31632 - Self-Regulatory Organizations; ICE Clear Europe Limited; Order Approving Proposed Rule Change Relating to CDS Procedures for CDX North America Index CDS Contracts

80 FR 31632 - Self-Regulatory Organizations; ICE Clear Europe Limited; Order Approving Proposed Rule Change Relating to CDS Procedures for CDX North America Index CDS Contracts

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 106 (June 3, 2015)

Page Range31632-31634
FR Document2015-13451

Federal Register, Volume 80 Issue 106 (Wednesday, June 3, 2015)
[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31632-31634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13451]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75065; File No. SR-ICEEU-2015-005]


Self-Regulatory Organizations; ICE Clear Europe Limited; Order 
Approving Proposed Rule Change Relating to CDS Procedures for CDX North 
America Index CDS Contracts

May 28, 2015.

I. Introduction

    On February 12, 2015, ICE Clear Europe Limited (``ICE Clear 
Europe'') filed with the Securities and Exchange Commission 
(``Commission'') a proposed rule change 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 revise ICE Clear Europe's CDS 
Procedures, CDS Risk Model Description and CDS End-of-Day Price 
Discovery Policy to provide the basis for ICE Clear Europe to clear CDX 
North America Index CDS Contracts (``CDX.NA Contracts''). The proposed 
rule change also includes revisions to the CDS Procedures that relate 
to iTraxx Contracts and single name CDS Contracts. The proposed rule 
change was published for comment in the Federal Register on March 2, 
2015.\3\ On April 16, 2015, the Commission extended the time period in 
which to either approve, disapprove, or institute proceedings to 
determine whether to disapprove the proposed rule change to May 31, 
2015.\4\ The Commission did not receive comment letters regarding the 
proposed change. For the reasons discussed below, the Commission is 
granting approval of the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-74362 (Feb. 24, 
2015), 80 FR 11246 (Mar. 2, 2015) (File No. SR-ICEEU-2015-005).
    \4\ Securities Exchange Act Release No. 34-74741 (Apr. 16, 
2015), 80 FR 22593 (Apr. 22, 2015) (File No. SR-ICEEU-2015-005).
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II. Description of the Proposed Rule Change

    ICE Clear Europe has submitted proposed amendments to its CDS 
Procedures to (i) revise the CDS Procedures to add a new section 
containing contract terms applicable to the CDX.NA Contracts that ICE 
Clear Europe proposes to accept for clearing; (ii) make conforming 
changes throughout the CDS Procedures to reference the CDX.NA 
Contracts; and (iii) make certain other clarifications, corrections and 
updates to the CDS Procedures (including for iTraxx Contracts and 
Single Name Contracts), as discussed in more detail herein. ICE Clear 
Europe has also proposed to make certain modifications to its CDS Risk 
Model Description and CDS End-of-Day Price Discovery Policy (the ``CDS 
Pricing Policy'') to accommodate clearing of CDX.NA Contracts, as 
described herein.
    ICE Clear Europe has proposed to amend Paragraphs 1, 4, 6, 9, 10 
and 11 of the CDS Procedures, described below. All capitalized terms 
not defined herein are defined in the ICE Clear Europe Clearing Rules 
(the ``Rules'').
    In paragraph 1 of the CDS Procedures, references will be added to 
the defined terms ``iTraxx Contract'' and ``CDX.NA Contract,'' as such 
terms are set out in revised paragraphs 9 and 10 of the CDS Procedures, 
respectively. The definition of ``Original Annex Date'' will be 
modified to apply to CDX.NA Contracts in substantially the same manner 
it applies to iTraxx Contracts. In addition, the definition of 
``Protocol Excluded Reference Entity'' in former paragraph 10.3 will be 
changed to ``Protocol Excluded Corporate Reference Entity'' and moved 
to paragraph 1, to reflect that such term is only used in the context 
of corporate reference entities. Accordingly, the definition will be 
revised to mean an Eligible Single Name Reference Entity that is a 
Standard European Corporate (as specified in the List of Eligible 
Single Name Reference Entities) and is an Excluded Reference Entity (as 
defined in the 2014 CDD Protocol). (Conforming changes will be made to 
references to that definition throughout the CDS Procedures.) In 
addition, a correction will be made to the cross-reference in 
definition of ``New Trade'' to properly refer to the definition set out 
in the applicable Contract Terms for the relevant contract.
    In addition, amendments will be made to use the defined terms 
``Component Transaction'' and ``Clearing'' throughout the Procedures in 
lieu of the undefined terms. Finally, various conforming references to 
the new or revised defined terms will be made throughout the CDS 
Procedures, various provisions of the CDS Procedures will be 
renumbered, and certain cross-references to prior paragraph 1.71 will 
be corrected.
    Various clarifications will be made in Paragraph 9 of the CDS 
Procedures, which sets out the contract terms for iTraxx Contracts. 
Specifically, paragraph 9.1 will be modified to clarify that it 
specifies the additional Contract Terms applicable to all iTraxx 
Contracts cleared by the Clearing House. Paragraph 9.2(c)(i), which 
applies to iTraxx Contracts which are governed by the Standard iTraxx 
2014 CDS Supplement, will be modified to make certain additional 
clarifications relating to initial payments and spun-out trades. 
Paragraph 9.2(c)(i)(B) will be added to reflect current clearing house 
(and market) practice that initial payments under cleared iTraxx 
Contracts (other than those for which a bilateral transaction is 
already recorded in Deriv/SERV) are made on the business day following 
the trade date (or, if later, the business day following the date of 
acceptance for clearing). New paragraph 9.2(c)(i)(D), which will 
address the reference obligation for a spun-out trade following a 
restructuring credit event, is substantially the same as the 
corresponding language in paragraph 9.3(c)(i)(D) for contracts subject 
to the Standard iTraxx Legacy CDS Supplement and was inadvertently 
omitted from prior amendments. A cross-reference in paragraph 
9.2(c)(i)(E) will be updated. New paragraph 9.2(c)(i)(F) will provide 
that paragraph 5.7 of the Standard iTraxx 2014 CDS Supplement, which 
contains restrictions on delivery of Credit Event Notices and Successor 
Notices, does not apply to iTraxx Contracts (as the appropriate 
restrictions in the context of a cleared transaction are already 
addressed in the Rules and CDS Procedures, including Rule 1505).
    As set forth in paragraph 9.2(c)(ii), changes will also be made to 
the terms of the iTraxx 2014 Confirmation with respect to iTraxx 
Contracts that are governed by the Standard iTraxx 2014 CDS Supplement. 
These amendments will include a clarification that references to the 
2014 Credit Derivatives Definitions in the standard supplement and 
confirmation will be interpreted for cleared contracts as though they 
have the meaning ascribed to that term in the Rules and Procedures. In 
addition, a provision that there are no ``Omitted Reference Entities'' 
for purposes of the standard confirmation will be removed as that term 
is not used in the standard supplement and confirmation and is 
therefore unnecessary.
    Similar clarifications will be made in paragraph 9.3, which relates 
to iTraxx Contracts which are governed by the

[[Page 31633]]

Standard iTraxx Legacy CDS Supplement. Specifically, new paragraph 
9.3(c)(i)(B) will contain the same clarification discussed above with 
respect to the initial payment date for a contract. Paragraph 
9.3(c)(i)(D) will contain a correction that the treatment therein of 
reference obligations for spun-out trades applies for reference 
entities subject to both Sections A and B of the Standard iTraxx Legacy 
CDS Supplement (that is, both protocol-excluded and non-excluded 
entities). Subparagraph (F) will provide that restrictions under the 
standard supplement as to delivery of Credit Event Notices and 
Succession Event Notices do not apply, as the issue is otherwise 
addressed under the Rules and CDS Procedures, as discussed above. In 
paragraph 9.3(c)(ii)(E), a reference to there being no ``Omitted 
Reference Entities'' will also be removed for the reasons noted above.
    New paragraph 10 of the CDS Procedures will be added to set out the 
contract terms for CDX.NA Contracts. Paragraph 10.1 will provide that 
different sub-provisions of paragraph 10 will apply to CDX.NA Contracts 
depending on whether the Original Annex Date for the relevant index 
series falls before or after the Protocol Effective Date.
    New paragraph 10.2 will apply to CDX.NA Contracts with an Original 
Annex Date on or after the Protocol Effective Date (i.e., for 
transactions in the September 2014 or later versions of the index). New 
definitions will be added to subparagraph (a), including definitions 
for ``CDX.NA Contract'', ``CDX.NA Publisher'', ``CDX.NA Terms 
Supplement'', ``Eligible CDX.NA Index'', ``List of Eligible CDX.NA 
Indices'', and ``Relevant CDX.NA Terms Supplement'', which largely 
track the analogous definitions in paragraph 9 with respect to iTraxx 
Europe Contracts. Paragraph 10.2(b) will incorporate defined terms from 
the Relevant CDX.NA Terms Supplement and also will contain an 
inconsistency provision which provides that paragraph 10.2 governs over 
the CDX.NA 2014 CDS Supplement and CDX.NA 2014 Confirmation. Paragraph 
10.2(c) will contain certain amendments to the Standard CDX.NA 2014 CDS 
Supplement and CDX.NA 2014 Confirmation, which are generally consistent 
with the amendments to the iTraxx 2014 Terms Supplement and iTraxx 2014 
Confirmation in paragraph 9.2(c) and are generally designed to 
accommodate the requirements of clearing and make the standard contract 
terms consistent with the Rules and Procedures. In addition, paragraph 
10.2(c)(i)(E) will address the application of the defined term ``Index 
Party'' in the standard supplement in the context of a cleared 
transaction, and paragraphs 10.2(c)(ii)(E)-(F) will be added to refer 
to certain transaction terms specified in the List of Eligible CDX.NA 
Indices for the relevant index and tenor. Paragraph 10.2(c)(i)(G) will 
clarify that as with iTraxx Contracts, de minimis cash settlement under 
the standard supplement does not apply. Paragraph 10.2(c) will also 
indicate the transaction terms that must be specified in the submission 
of a trade for clearing.
    New paragraph 10.3 will apply to CDX.NA Contracts with an Original 
Annex Date before the Protocol Effective Date (i.e., for transactions 
in older versions of the index). Paragraph 10.3 will contain 
definitions and provisions generally similar to those in paragraph 
10.2, and make comparable amendments to the Standard CDX.NA Legacy CDS 
Supplement and the CDX.NA Legacy Confirmation.
    New paragraph 10.4 will contain procedures for updating the CDX.NA 
index version following a Credit Event or Succession Event. These 
provisions will be generally consistent with the comparable provisions 
for iTraxx contracts in paragraph 9.8. New paragraph 10.4(b) will add a 
similar procedure for implementing a new version of the CDX.NA standard 
terms supplement, if and when published, where contracts referencing 
the old and new versions of the supplement are determined by the 
Clearing House to be fungible.
    Existing paragraph 10, which contains contract terms for Single 
Name Contracts, will be renumbered as paragraph 11 and cross references 
will be updated accordingly. In addition, various clarifying amendments 
will be made to this paragraph. The definitions of ``STEC Contract'' 
and ``Non-STEC Single Name Contract'' will be amended to clarify that 
the relevant Reference Entity type will be specified in the List of 
Eligible Single Name Reference Entities. The definition of ``Single 
Name Contract Reference Obligations'' will be amended to clarify that 
the applicable reference obligation will be specified in the List of 
Eligible Single Name Reference Entities and may differ between 2003-
type CDS Contracts and 2014-type CDS Contracts. For 2014-type CDS 
Contracts, the reference obligation may be designated as the Senior 
Level Standard Reference Obligation that is specified from time to time 
on the SRO List published under the 2014 ISDA Definitions.
    Paragraph 11.6(a)(i)(C) will be amended by adding a subsection (2) 
that will make a clarification as to the initial payment date for 
Single Name Contracts that corresponds to the change in payment date 
discussed above for iTraxx Contracts. A change will be made in 
paragraph 11.6(a)(ii) to conform to the changes made to the definition 
of Single Name Contract Reference Obligation discussed above.
    In general, under ICE Clear Europe's proposal, the existing risk 
methodology that applies to index CDS will also apply to the CDX.NA 
Contracts. However, ICE Clear Europe proposes to make certain 
amendments to its CDS Risk Model Description and CDS Pricing Policy to 
address CDX.NA Contracts.
    In the CDS Risk Model Description, the index decomposition offset 
methodology, which is used to determine portfolio margin benefits from 
correlated long and short positions, is proposed to be modified to 
address multi-region risk factors. Under the revised methodology, 
portfolio margin benefits are provided first for risk factors within 
the same region. After the same-region risk analysis is completed, any 
cross-region benefits for index risk factors are determined. Cross-
region benefits apply only to index risk factors. The revised 
description thus addresses scenarios in which margin offsets may be 
provided between appropriately correlated positions in iTraxx Contracts 
and positions in CDX.NA Contracts. The revisions also provide that 
where risk factor profits and losses are calculated in different 
currencies, they will be converted into the same base currency (Euro) 
for purposes of calculation of portfolio margin benefits.
    ICE Clear Europe also proposes to amend its CDS Pricing Policy to 
cover the CDX.NA Contracts. The amendments include submission 
requirements with respect to CDX.NA Contracts and changes to reflect 
that certain determinations with respect to firm trades for CDX.NA 
Contracts are made as of the North American end-of-day.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \5\ directs the Commission to 
approve a proposed rule change of a self-regulatory organization if the 
Commission finds that such proposed rule change is consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to such self-regulatory organization. Section

[[Page 31634]]

17A(b)(3)(F) of the Act \6\ requires, among other things, that the 
rules of a clearing agency are designed to promote the prompt and 
accurate clearance and settlement of securities transactions and, to 
the extent applicable, derivative agreements, contracts, and 
transactions and, in general, to protect investors and the public 
interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(C).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent 
with Section 17A of the Act \7\ and the rules thereunder applicable to 
ICE Clear Europe. The proposed rule change will provide for clearing of 
the CDX.NA Contracts, which are similar to the index CDS Contracts 
currently cleared by ICE Clear Europe, in accordance with existing 
rules and procedures. Specifically, the Commission believes that ICE 
Clear Europe's proposal to clear the CDX.NA Contracts pursuant to its 
risk management framework, operational procedures, end-of-day pricing 
policies, settlement procedures and default management policies (as 
modified by the proposed rule change) is designed to promote the prompt 
and accurate clearance and settlement of securities transactions, 
derivative agreements, contracts, and transactions, and in general, to 
protect investors and the public interest, consistent with Section 
17A(b)(3)(F) of the Act.\8\ The Commission further believes that the 
clearing of CDX.NA Contracts in accordance with ICE Clear Europe's 
existing CDS risk policies (including margin and guaranty fund), as 
modified by the proposed rule change, is reasonably designed to meet 
the requirements of Rules 17Ad-22(b)(1)-(3) \9\ related to the 
measurement and management of credit exposures, margin requirements, 
and the maintenance of sufficient financial resources required for a 
registered clearing agency acting as a central counterparty for 
security-based swaps.
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    \7\ 15 U.S.C. 78q-1.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 17 CFR 240.17Ad-22(b)(1)-(3).
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    Additionally, the Commission believes that the proposed rule 
change, as it relates to various clarifying and conforming changes with 
respect to iTraxx Contracts and single name CDS Contracts, is designed 
to promote the prompt and accurate clearance and settlement of 
securities transactions and in general, to protect investors and the 
public interest, consistent with Section 17A(b)(3)(F) of the Act.\10\
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
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    The Commission therefore finds that the proposed rule change is 
designed to promote the prompt and accurate clearance and settlement of 
securities transactions and, to the extent applicable, derivative 
agreements, contracts, and transactions and, in general, to protect 
investors and the public interest in accordance with Section 
17A(b)(3)(F) of the Act.\11\
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    \11\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act and in 
particular with the requirements of Section 17A of the Act \12\ and the 
rules and regulations thereunder.
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    \12\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\13\ that the proposed rule change (File No. SR-ICEEU-2015-005) be, 
and hereby is, approved.\14\
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    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-13451 Filed 6-2-15; 8:45 am]
BILLING CODE 8011-01-P



                                              31632                         Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices

                                                For the Commission, by the Division of                Procedures to (i) revise the CDS                       certain cross-references to prior
                                              Trading and Markets, pursuant to delegated              Procedures to add a new section                        paragraph 1.71 will be corrected.
                                              authority.21                                            containing contract terms applicable to                   Various clarifications will be made in
                                              Brent J. Fields,                                        the CDX.NA Contracts that ICE Clear                    Paragraph 9 of the CDS Procedures,
                                              Secretary.                                              Europe proposes to accept for clearing;                which sets out the contract terms for
                                              [FR Doc. 2015–13616 Filed 6–2–15; 8:45 am]              (ii) make conforming changes                           iTraxx Contracts. Specifically,
                                              BILLING CODE 8011–01–P                                  throughout the CDS Procedures to                       paragraph 9.1 will be modified to clarify
                                                                                                      reference the CDX.NA Contracts; and                    that it specifies the additional Contract
                                                                                                      (iii) make certain other clarifications,               Terms applicable to all iTraxx Contracts
                                              SECURITIES AND EXCHANGE                                 corrections and updates to the CDS                     cleared by the Clearing House.
                                              COMMISSION                                              Procedures (including for iTraxx                       Paragraph 9.2(c)(i), which applies to
                                                                                                      Contracts and Single Name Contracts),                  iTraxx Contracts which are governed by
                                              [Release No. 34–75065; File No. SR–ICEEU–
                                                                                                      as discussed in more detail herein. ICE                the Standard iTraxx 2014 CDS
                                              2015–005]
                                                                                                      Clear Europe has also proposed to make                 Supplement, will be modified to make
                                              Self-Regulatory Organizations; ICE                      certain modifications to its CDS Risk                  certain additional clarifications relating
                                              Clear Europe Limited; Order Approving                   Model Description and CDS End-of-Day                   to initial payments and spun-out trades.
                                              Proposed Rule Change Relating to                        Price Discovery Policy (the ‘‘CDS                      Paragraph 9.2(c)(i)(B) will be added to
                                              CDS Procedures for CDX North                            Pricing Policy’’) to accommodate                       reflect current clearing house (and
                                              America Index CDS Contracts                             clearing of CDX.NA Contracts, as                       market) practice that initial payments
                                                                                                      described herein.                                      under cleared iTraxx Contracts (other
                                              May 28, 2015.                                              ICE Clear Europe has proposed to                    than those for which a bilateral
                                                                                                      amend Paragraphs 1, 4, 6, 9, 10 and 11                 transaction is already recorded in Deriv/
                                              I. Introduction
                                                                                                      of the CDS Procedures, described below.                SERV) are made on the business day
                                                 On February 12, 2015, ICE Clear                                                                             following the trade date (or, if later, the
                                                                                                      All capitalized terms not defined herein
                                              Europe Limited (‘‘ICE Clear Europe’’)                                                                          business day following the date of
                                                                                                      are defined in the ICE Clear Europe
                                              filed with the Securities and Exchange                                                                         acceptance for clearing). New paragraph
                                                                                                      Clearing Rules (the ‘‘Rules’’).
                                              Commission (‘‘Commission’’) a                                                                                  9.2(c)(i)(D), which will address the
                                              proposed rule change pursuant to                           In paragraph 1 of the CDS Procedures,
                                                                                                                                                             reference obligation for a spun-out trade
                                              Section 19(b)(1) of the Securities                      references will be added to the defined
                                                                                                                                                             following a restructuring credit event, is
                                              Exchange Act of 1934 (‘‘Act’’),1 and                    terms ‘‘iTraxx Contract’’ and ‘‘CDX.NA
                                                                                                                                                             substantially the same as the
                                              Rule 19b–4 thereunder,2 a proposed rule                 Contract,’’ as such terms are set out in
                                                                                                                                                             corresponding language in paragraph
                                              change to revise ICE Clear Europe’s CDS                 revised paragraphs 9 and 10 of the CDS
                                                                                                                                                             9.3(c)(i)(D) for contracts subject to the
                                              Procedures, CDS Risk Model                              Procedures, respectively. The definition
                                                                                                                                                             Standard iTraxx Legacy CDS
                                              Description and CDS End-of-Day Price                    of ‘‘Original Annex Date’’ will be
                                                                                                                                                             Supplement and was inadvertently
                                              Discovery Policy to provide the basis for               modified to apply to CDX.NA Contracts                  omitted from prior amendments. A
                                              ICE Clear Europe to clear CDX North                     in substantially the same manner it                    cross-reference in paragraph 9.2(c)(i)(E)
                                              America Index CDS Contracts                             applies to iTraxx Contracts. In addition,              will be updated. New paragraph
                                              (‘‘CDX.NA Contracts’’). The proposed                    the definition of ‘‘Protocol Excluded                  9.2(c)(i)(F) will provide that paragraph
                                              rule change also includes revisions to                  Reference Entity’’ in former paragraph                 5.7 of the Standard iTraxx 2014 CDS
                                              the CDS Procedures that relate to iTraxx                10.3 will be changed to ‘‘Protocol                     Supplement, which contains restrictions
                                              Contracts and single name CDS                           Excluded Corporate Reference Entity’’                  on delivery of Credit Event Notices and
                                              Contracts. The proposed rule change                     and moved to paragraph 1, to reflect that              Successor Notices, does not apply to
                                              was published for comment in the                        such term is only used in the context of               iTraxx Contracts (as the appropriate
                                              Federal Register on March 2, 2015.3 On                  corporate reference entities.                          restrictions in the context of a cleared
                                              April 16, 2015, the Commission                          Accordingly, the definition will be                    transaction are already addressed in the
                                              extended the time period in which to                    revised to mean an Eligible Single Name                Rules and CDS Procedures, including
                                              either approve, disapprove, or institute                Reference Entity that is a Standard                    Rule 1505).
                                              proceedings to determine whether to                     European Corporate (as specified in the                   As set forth in paragraph 9.2(c)(ii),
                                              disapprove the proposed rule change to                  List of Eligible Single Name Reference                 changes will also be made to the terms
                                              May 31, 2015.4 The Commission did not                   Entities) and is an Excluded Reference                 of the iTraxx 2014 Confirmation with
                                              receive comment letters regarding the                   Entity (as defined in the 2014 CDD                     respect to iTraxx Contracts that are
                                              proposed change. For the reasons                        Protocol). (Conforming changes will be                 governed by the Standard iTraxx 2014
                                              discussed below, the Commission is                      made to references to that definition                  CDS Supplement. These amendments
                                              granting approval of the proposed rule                  throughout the CDS Procedures.) In                     will include a clarification that
                                              change.                                                 addition, a correction will be made to                 references to the 2014 Credit Derivatives
                                                                                                      the cross-reference in definition of                   Definitions in the standard supplement
                                              II. Description of the Proposed Rule                    ‘‘New Trade’’ to properly refer to the                 and confirmation will be interpreted for
                                              Change                                                  definition set out in the applicable                   cleared contracts as though they have
                                                ICE Clear Europe has submitted                        Contract Terms for the relevant contract.              the meaning ascribed to that term in the
                                              proposed amendments to its CDS                             In addition, amendments will be                     Rules and Procedures. In addition, a
                                                                                                      made to use the defined terms                          provision that there are no ‘‘Omitted
                                                21 117 CFR 200.30–3(a)(12).                           ‘‘Component Transaction’’ and                          Reference Entities’’ for purposes of the
tkelley on DSK3SPTVN1PROD with NOTICES




                                                1 15 U.S.C. 78s(b)(1).                                ‘‘Clearing’’ throughout the Procedures in              standard confirmation will be removed
                                                2 17 CFR 240.19b–4.                                   lieu of the undefined terms. Finally,                  as that term is not used in the standard
                                                3 Securities Exchange Act Release No. 34–74362
                                                                                                      various conforming references to the                   supplement and confirmation and is
                                              (Feb. 24, 2015), 80 FR 11246 (Mar. 2, 2015) (File       new or revised defined terms will be
                                              No. SR–ICEEU–2015–005).
                                                                                                                                                             therefore unnecessary.
                                                4 Securities Exchange Act Release No. 34–74741        made throughout the CDS Procedures,                       Similar clarifications will be made in
                                              (Apr. 16, 2015), 80 FR 22593 (Apr. 22, 2015) (File      various provisions of the CDS                          paragraph 9.3, which relates to iTraxx
                                              No. SR–ICEEU–2015–005).                                 Procedures will be renumbered, and                     Contracts which are governed by the


                                         VerDate Sep<11>2014   18:57 Jun 02, 2015   Jkt 235001   PO 00000   Frm 00065   Fmt 4703   Sfmt 4703   E:\FR\FM\03JNN1.SGM   03JNN1


                                                                            Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices                                             31633

                                              Standard iTraxx Legacy CDS                              10.2(c)(i)(E) will address the application             will make a clarification as to the initial
                                              Supplement. Specifically, new                           of the defined term ‘‘Index Party’’ in the             payment date for Single Name Contracts
                                              paragraph 9.3(c)(i)(B) will contain the                 standard supplement in the context of a                that corresponds to the change in
                                              same clarification discussed above with                 cleared transaction, and paragraphs                    payment date discussed above for
                                              respect to the initial payment date for a               10.2(c)(ii)(E)–(F) will be added to refer              iTraxx Contracts. A change will be made
                                              contract. Paragraph 9.3(c)(i)(D) will                   to certain transaction terms specified in              in paragraph 11.6(a)(ii) to conform to
                                              contain a correction that the treatment                 the List of Eligible CDX.NA Indices for                the changes made to the definition of
                                              therein of reference obligations for                    the relevant index and tenor. Paragraph                Single Name Contract Reference
                                              spun-out trades applies for reference                   10.2(c)(i)(G) will clarify that as with                Obligation discussed above.
                                              entities subject to both Sections A and                 iTraxx Contracts, de minimis cash                         In general, under ICE Clear Europe’s
                                              B of the Standard iTraxx Legacy CDS                     settlement under the standard                          proposal, the existing risk methodology
                                              Supplement (that is, both protocol-                     supplement does not apply. Paragraph                   that applies to index CDS will also
                                              excluded and non-excluded entities).                    10.2(c) will also indicate the transaction             apply to the CDX.NA Contracts.
                                              Subparagraph (F) will provide that                      terms that must be specified in the                    However, ICE Clear Europe proposes to
                                              restrictions under the standard                         submission of a trade for clearing.                    make certain amendments to its CDS
                                              supplement as to delivery of Credit                       New paragraph 10.3 will apply to
                                                                                                                                                             Risk Model Description and CDS Pricing
                                              Event Notices and Succession Event                      CDX.NA Contracts with an Original
                                                                                                                                                             Policy to address CDX.NA Contracts.
                                              Notices do not apply, as the issue is                   Annex Date before the Protocol Effective
                                              otherwise addressed under the Rules                     Date (i.e., for transactions in older                     In the CDS Risk Model Description,
                                              and CDS Procedures, as discussed                        versions of the index). Paragraph 10.3                 the index decomposition offset
                                              above. In paragraph 9.3(c)(ii)(E), a                    will contain definitions and provisions                methodology, which is used to
                                              reference to there being no ‘‘Omitted                   generally similar to those in paragraph                determine portfolio margin benefits
                                              Reference Entities’’ will also be removed               10.2, and make comparable                              from correlated long and short
                                              for the reasons noted above.                            amendments to the Standard CDX.NA                      positions, is proposed to be modified to
                                                 New paragraph 10 of the CDS                          Legacy CDS Supplement and the                          address multi-region risk factors. Under
                                              Procedures will be added to set out the                 CDX.NA Legacy Confirmation.                            the revised methodology, portfolio
                                              contract terms for CDX.NA Contracts.                      New paragraph 10.4 will contain                      margin benefits are provided first for
                                              Paragraph 10.1 will provide that                        procedures for updating the CDX.NA                     risk factors within the same region.
                                              different sub-provisions of paragraph 10                index version following a Credit Event                 After the same-region risk analysis is
                                              will apply to CDX.NA Contracts                          or Succession Event. These provisions                  completed, any cross-region benefits for
                                              depending on whether the Original                       will be generally consistent with the                  index risk factors are determined. Cross-
                                              Annex Date for the relevant index series                comparable provisions for iTraxx                       region benefits apply only to index risk
                                              falls before or after the Protocol                      contracts in paragraph 9.8. New                        factors. The revised description thus
                                              Effective Date.                                         paragraph 10.4(b) will add a similar                   addresses scenarios in which margin
                                                 New paragraph 10.2 will apply to                     procedure for implementing a new                       offsets may be provided between
                                              CDX.NA Contracts with an Original                       version of the CDX.NA standard terms                   appropriately correlated positions in
                                              Annex Date on or after the Protocol                     supplement, if and when published,                     iTraxx Contracts and positions in
                                              Effective Date (i.e., for transactions in               where contracts referencing the old and                CDX.NA Contracts. The revisions also
                                              the September 2014 or later versions of                 new versions of the supplement are                     provide that where risk factor profits
                                              the index). New definitions will be                     determined by the Clearing House to be                 and losses are calculated in different
                                              added to subparagraph (a), including                    fungible.                                              currencies, they will be converted into
                                              definitions for ‘‘CDX.NA Contract’’,                      Existing paragraph 10, which contains                the same base currency (Euro) for
                                              ‘‘CDX.NA Publisher’’, ‘‘CDX.NA Terms                    contract terms for Single Name                         purposes of calculation of portfolio
                                              Supplement’’, ‘‘Eligible CDX.NA                         Contracts, will be renumbered as                       margin benefits.
                                              Index’’, ‘‘List of Eligible CDX.NA                      paragraph 11 and cross references will
                                                                                                      be updated accordingly. In addition,                      ICE Clear Europe also proposes to
                                              Indices’’, and ‘‘Relevant CDX.NA Terms
                                                                                                      various clarifying amendments will be                  amend its CDS Pricing Policy to cover
                                              Supplement’’, which largely track the
                                                                                                      made to this paragraph. The definitions                the CDX.NA Contracts. The
                                              analogous definitions in paragraph 9
                                                                                                      of ‘‘STEC Contract’’ and ‘‘Non-STEC                    amendments include submission
                                              with respect to iTraxx Europe Contracts.
                                                                                                      Single Name Contract’’ will be amended                 requirements with respect to CDX.NA
                                              Paragraph 10.2(b) will incorporate
                                                                                                      to clarify that the relevant Reference                 Contracts and changes to reflect that
                                              defined terms from the Relevant
                                                                                                      Entity type will be specified in the List              certain determinations with respect to
                                              CDX.NA Terms Supplement and also
                                              will contain an inconsistency provision                 of Eligible Single Name Reference                      firm trades for CDX.NA Contracts are
                                              which provides that paragraph 10.2                      Entities. The definition of ‘‘Single Name              made as of the North American end-of-
                                              governs over the CDX.NA 2014 CDS                        Contract Reference Obligations’’ will be               day.
                                              Supplement and CDX.NA 2014                              amended to clarify that the applicable                 III. Discussion and Commission
                                              Confirmation. Paragraph 10.2(c) will                    reference obligation will be specified in              Findings
                                              contain certain amendments to the                       the List of Eligible Single Name
                                              Standard CDX.NA 2014 CDS                                Reference Entities and may differ                        Section 19(b)(2)(C) of the Act 5 directs
                                              Supplement and CDX.NA 2014                              between 2003-type CDS Contracts and                    the Commission to approve a proposed
                                              Confirmation, which are generally                       2014-type CDS Contracts. For 2014-type                 rule change of a self-regulatory
                                              consistent with the amendments to the                   CDS Contracts, the reference obligation                organization if the Commission finds
tkelley on DSK3SPTVN1PROD with NOTICES




                                              iTraxx 2014 Terms Supplement and                        may be designated as the Senior Level                  that such proposed rule change is
                                              iTraxx 2014 Confirmation in paragraph                   Standard Reference Obligation that is                  consistent with the requirements of the
                                              9.2(c) and are generally designed to                    specified from time to time on the SRO                 Act and the rules and regulations
                                              accommodate the requirements of                         List published under the 2014 ISDA                     thereunder applicable to such self-
                                              clearing and make the standard contract                 Definitions.                                           regulatory organization. Section
                                              terms consistent with the Rules and                       Paragraph 11.6(a)(i)(C) will be
                                              Procedures. In addition, paragraph                      amended by adding a subsection (2) that                 5 15   U.S.C. 78s(b)(2)(C).



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                                              31634                         Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices

                                              17A(b)(3)(F) of the Act 6 requires, among               clearance and settlement of securities                 the discussion as long as time permits
                                              other things, that the rules of a clearing              transactions and, to the extent                        and at the discretion of the chairman.
                                              agency are designed to promote the                      applicable, derivative agreements,                       Dated: May 11, 2015.
                                              prompt and accurate clearance and                       contracts, and transactions and, in                    Marcee Craighill,
                                              settlement of securities transactions                   general, to protect investors and the                  Director & Curator, Fine Arts Committee,
                                              and, to the extent applicable, derivative               public interest in accordance with                     Department of State.
                                              agreements, contracts, and transactions                 Section 17A(b)(3)(F) of the Act.11                     [FR Doc. 2015–13470 Filed 6–2–15; 8:45 am]
                                              and, in general, to protect investors and
                                              the public interest.                                    IV. Conclusion                                         BILLING CODE 4710–05–P

                                                 The Commission finds that the                          On the basis of the foregoing, the
                                              proposed rule change is consistent with                 Commission finds that the proposal is
                                              Section 17A of the Act 7 and the rules                  consistent with the requirements of the                DEPARTMENT OF TRANSPORTATION
                                              thereunder applicable to ICE Clear                      Act and in particular with the
                                                                                                                                                             Federal Aviation Administration
                                              Europe. The proposed rule change will                   requirements of Section 17A of the
                                              provide for clearing of the CDX.NA                      Act 12 and the rules and regulations                   Notice of Request To Release Airport
                                              Contracts, which are similar to the                     thereunder.                                            Property
                                              index CDS Contracts currently cleared                     It is therefore ordered, pursuant to
                                              by ICE Clear Europe, in accordance with                 Section 19(b)(2) of the Act,13 that the                AGENCY:  Federal Aviation
                                              existing rules and procedures.                          proposed rule change (File No. SR–                     Administration (FAA), DOT.
                                              Specifically, the Commission believes                   ICEEU–2015–005) be, and hereby is,                     ACTION: Notice of intent to rule on
                                              that ICE Clear Europe’s proposal to clear               approved.14                                            request to release airport property at the
                                              the CDX.NA Contracts pursuant to its                      For the Commission, by the Division of               Liberal Mid-America Regional Airport
                                              risk management framework,                              Trading and Markets, pursuant to delegated             (LBL), Liberal, Kansas.
                                              operational procedures, end-of-day                      authority.15
                                              pricing policies, settlement procedures                                                                        SUMMARY:   The FAA proposes to rule and
                                                                                                      Brent J. Fields,                                       invites public comment on the release of
                                              and default management policies (as                     Secretary.
                                              modified by the proposed rule change)                                                                          land at the Liberal Mid-America
                                              is designed to promote the prompt and
                                                                                                      [FR Doc. 2015–13451 Filed 6–2–15; 8:45 am]             Regional Airport (LBL), Liberal, Kansas,
                                              accurate clearance and settlement of                    BILLING CODE 8011–01–P                                 under the provisions of 49 U.S.C.
                                              securities transactions, derivative                                                                            47107(h)(2).
                                              agreements, contracts, and transactions,                                                                       DATES: Comments must be received on
                                              and in general, to protect investors and                DEPARTMENT OF STATE                                    or before July 6, 2015.
                                              the public interest, consistent with                    [Public Notice: 9161]                                  ADDRESSES: Comments on this
                                              Section 17A(b)(3)(F) of the Act.8 The                                                                          application may be mailed or delivered
                                              Commission further believes that the                    Fine Arts Committee Notice of Meeting                  to the FAA at the following address:
                                              clearing of CDX.NA Contracts in                                                                                Lynn D. Martin, Airports Compliance
                                                                                                         The Fine Arts Committee of the
                                              accordance with ICE Clear Europe’s                                                                             Specialist, Federal Aviation
                                                                                                      Department of State will meet on June
                                              existing CDS risk policies (including                                                                          Administration, Airports Division,
                                                                                                      2, 2015 at 9:00 a.m. in the Henry Clay
                                              margin and guaranty fund), as modified                                                                         ACE–610C, 901 Locust Room 364,
                                                                                                      Room of the Harry S. Truman Building,
                                              by the proposed rule change, is                                                                                Kansas City, MO 64106.
                                                                                                      2201 C Street NW., Washington, DC.
                                              reasonably designed to meet the                                                                                  In addition, one copy of any
                                                                                                      The meeting will last until
                                              requirements of Rules 17Ad–22(b)(1)–                                                                           comments submitted to the FAA must
                                                                                                      approximately 3:00 p.m. and is open to
                                              (3) 9 related to the measurement and                                                                           be mailed or delivered to: Debra S.
                                                                                                      the public.
                                              management of credit exposures, margin                                                                         Giskie, Airport Manager, Liberal Mid-
                                                                                                         The agenda for the committee meeting
                                              requirements, and the maintenance of                                                                           America Regional Airport & Airport
                                                                                                      will include a summary of the work of
                                              sufficient financial resources required                                                                        Industrial Park, City of Liberal, P.O. Box
                                                                                                      the Fine Arts Office since its last
                                              for a registered clearing agency acting as                                                                     2199, Liberal, KS 67901, (620) 626-2207.
                                                                                                      meeting on November 14, 2014 and the
                                              a central counterparty for security-based               announcement of gifts and loans of                     FOR FURTHER INFORMATION CONTACT:
                                              swaps.                                                  furnishings as well as financial                       Lynn D. Martin, Airports Compliance
                                                 Additionally, the Commission                                                                                Specialist, Federal Aviation
                                                                                                      contributions from January 1, 2014
                                              believes that the proposed rule change,                                                                        Administration, Airports Division,
                                                                                                      through December 31, 2014.
                                              as it relates to various clarifying and                                                                        ACE–610C, 901 Locust Room 364,
                                                                                                         Public access to the Department of
                                              conforming changes with respect to                                                                             Kansas City, MO 64106, (816) 329–2644,
                                                                                                      State is strictly controlled and space is
                                              iTraxx Contracts and single name CDS                                                                           lynn.martin@faa.gov. The request to
                                                                                                      limited. Members of the public wishing
                                              Contracts, is designed to promote the                                                                          release property may be reviewed, by
                                                                                                      to take part in the meeting should
                                              prompt and accurate clearance and                                                                              appointment, in person at this same
                                                                                                      telephone the Fine Arts Office at (202)
                                              settlement of securities transactions and                                                                      location.
                                                                                                      647–1990 or send an email to
                                              in general, to protect investors and the
                                                                                                      WallaceJA@State.gov by May 26th to                     SUPPLEMENTARY INFORMATION: The FAA
                                              public interest, consistent with Section
                                                                                                      make arrangements to enter the                         invites public comment on the request
                                              17A(b)(3)(F) of the Act.10
                                                                                                      building. The public may take part in                  to release approximately 11.38 acres of
                                                 The Commission therefore finds that
                                                                                                                                                             airport property at the Liberal Mid-
                                              the proposed rule change is designed to
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                        11 15  U.S.C. 78q–1(b)(3)(F).                        America Regional Airport (LBL) under
                                              promote the prompt and accurate                           12 15  U.S.C. 78q–1.                                 the provisions of 49 U.S.C. 47107(h)(2).
                                                                                                         13 15 U.S.C. 78s(b)(2).
                                                6 15 U.S.C. 78q–1(b)(3)(F).
                                                                                                                                                             On March 13, 2015, the City of Liberal
                                                                                                         14 In approving the proposed rule change, the
                                                7 15 U.S.C. 78q–1.                                                                                           City Manager requested from the FAA
                                                                                                      Commission considered the proposal’s impact on
                                                8 15 U.S.C. 78q–1(b)(3)(F).
                                                                                                      efficiency, competition and capital formation. 15      that approximately 11.38 acres of
                                                9 17 CFR 240.17Ad–22(b)(1)–(3).                       U.S.C. 78c(f).                                         property be released for sale to the City
                                                10 15 U.S.C. 78q–1(b)(3)(F).                             15 17 CFR 200.30–3(a)(12).                          of Liberal. On May 26, 2015, the FAA


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Document Created: 2015-12-15 15:08:39
Document Modified: 2015-12-15 15:08:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 31632 

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