80_FR_48524 80 FR 48369 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change Relating to CDS End-of-Day Price Discovery Policy

80 FR 48369 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change Relating to CDS End-of-Day Price Discovery Policy

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48369-48371
FR Document2015-19757

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015)
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48369-48371]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19757]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75624; File No. SR-ICEEU-2015-013]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing of Proposed Rule Change Relating to CDS End-of-Day Price 
Discovery Policy

August 6, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that 
on July 24, 2015, ICE Clear Europe Limited (``ICE Clear Europe'' or 
``Clearing House'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been primarily prepared by ICE Clear 
Europe. The Commission is publishing this notice to solicit comments on 
the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    ICE Clear Europe proposes to amend its end-of-day price discovery 
policies and procedures for credit default swap (``CDS'') contracts to 
incorporate certain enhancements.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe included 
statements concerning the purpose of and basis for the proposed rule 
change. The text of these statements may be examined at the places 
specified in Item IV below. ICE Clear Europe has prepared summaries, 
set forth in sections A, B, and C below, of the most significant 
aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    ICE Clear Europe proposes to amend its CDS End-of-Day Price 
Discovery Policy (the ``EOD Price Discovery Policy'') to make certain 
enhancements to the end-of-day submission and firm trade process for 
CDS contracts. ICE Clear Europe also proposes to adopt a new Price 
Submission Disciplinary Framework (the ``Disciplinary Framework'') that 
addresses missed price submissions by Clearing Members for CDS 
contracts. ICE Clear Europe does not otherwise propose to change its 
Clearing Rules or Procedures in connection with these amendments.
    Under the EOD Price Discovery Policy, ICE Clear Europe currently 
utilizes a ``cross and lock'' algorithm as part of its CDS price 
discovery process. Under this algorithm, standardized bids and offers 
derived from Clearing Member submissions are matched by sorting them 
from highest to lowest and lowest to highest levels, respectively. This 
sorting process pairs the Clearing Member submitting the highest bid 
price with the Clearing Member submitting the lowest offer price, the 
Clearing Member submitting the second highest bid price with the 
Clearing Member submitting the second-lowest offer price, and so on. 
The algorithm then identifies crossed and/or locked markets. Crossed 
markets are the Clearing Member pairs generated by the sorting and 
ranking process for which the bid price of one Clearing Member is above 
the offer price of the matched Clearing Member. The algorithm 
identifies locked markets, where the bid and the offer are equal, in a 
similar fashion.
    Whenever there are crossed and/or locked matched markets, the 
algorithm applies a set of rules designed to identify standardized 
submissions that are ``obvious errors.'' The algorithm sets a high bid 
threshold equal to the preliminary end-of-day (``EOD'') level plus one 
bid-offer width (``BOW''), and a low offer threshold equal to the 
preliminary EOD level minus one BOW. The algorithm considers a Clearing 
Member's standardized submission to be an ``obvious error'' if the bid 
is higher than the high bid threshold, or the offer is lower than the 
low offer threshold.
    Clearing Member pairs identified by the algorithm as crossed or 
locked markets may be required from time to

[[Page 48370]]

time, under the EOD Price Discovery Policy, to enter into cleared CDS 
trades with each other (``Firm Trades''). Currently, ICE Clear Europe 
excludes standardized submissions it identifies as obvious errors from 
potential Firm Trades and does not use these submissions in its 
determination of published EOD levels.
    ICE Clear Europe proposes to impose certain consequences under the 
Firm Trade methodology for Clearing Members providing price discovery 
submissions deemed to be obvious errors. As revised, the process for 
determining potential Firm Trades will now include all standardized 
submissions, including those classified as obvious errors (and as a 
result submissions that are obvious errors may result in Firm Trades). 
However, obvious errors will not be used in the calculation of the 
final EOD level, as under the current framework. Thus, ICE Clear Europe 
will effectively execute its current EOD algorithm twice: initially in 
the same way it does today (eliminating obvious errors) to generate the 
final EOD levels, and again, without excluding obvious errors, to 
generate Firm Trades and related reversing transactions.\3\
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    \3\ A reversing transaction is a second cleared transaction with 
identical attributes to the initial Firm Trade, but with the buyer 
and seller counterparties reversed, and at that day's EOD price 
rather than the initial Firm Trade price.
---------------------------------------------------------------------------

    To limit the potential exposure created through Firm Trades that 
include a bid or offer from an obvious error submission, ICE Clear 
Europe will adjust Firm Trade prices, where appropriate, to fall within 
a predefined band on either side of the EOD price such that the 
potential profit or loss (``P/L'') realized by unwinding the trade at 
the EOD level is capped.
    To prevent Clearing Members from receiving Firm Trades with large 
P/L impact in certain index instruments that are less actively traded, 
and for which it is therefore more difficult and/or more expensive to 
manage the associated risk, ICE Clear Europe will automatically 
generate reversing transactions at the end-of-day price level for 
specific index CDS instruments (i.e., for specific combinations of 
index/sub-index and series determined by the ICE Clear Europe risk 
department in consultation with the trading advisory committee). 
Currently, reversing transactions are only available for eligible 
single name CDS instruments.
    ICE Clear Europe is also revising the EOD Price Discovery Policy to 
remove the option for Clearing Members to provide end-of-day price 
submissions for single name CDS instruments in terms of spread and 
associated recovery rate. Under the revised approach, Clearing Members 
will be required to provide price submissions (or equivalent ``points 
upfront'' submissions) for all single name CDS instruments. Clearing 
Members may provide a recovery rate, which the Clearing House will use 
for purposes of its own analysis. Accordingly, the Clearing House will 
no longer need to convert spread submissions for single name 
instruments into a price level for purposes of the EOD price 
determination process. Various conforming changes have been made 
throughout the policy as a result.
    ICE Clear Europe also proposes to implement a new Disciplinary 
Framework, which addresses failures by a Clearing Member to provide 
required EOD price submissions for CDS Contracts in which they hold 
cleared open interest with the Clearing House (``Missed Submissions''). 
For purposes of the Disciplinary Framework, obvious errors (as 
described above) with respect to CDX index CDS contracts will also be 
treated as Missed Submissions (since such instruments are not subject 
to Firm Trade requirements). ICE Clear Europe will impose a cash 
assessment on Clearing Members for each Missed Submission, generally 
ranging from $1,000 to $4,000, depending on whether the Missed 
Submission related to an index or single-name, whether it occurred on 
an announced firm trade date and whether the related contract is 
actively traded. For single name CDS contracts, the framework also 
specifies an aggregate daily maximum assessment per Clearing Member for 
multiple Missed Submissions and a daily maximum assessment per Clearing 
Member per risk sub-factor.
    As part of a new summary assessment process, ICE Clear Europe will 
determine on a monthly basis whether a Clearing Member has any Missed 
Submissions and provide the Clearing Member a notice of assessment with 
details of such Missed Submissions. The notice of assessment will 
include information about the date, type, quantity and assessment 
amount for the relevant Missed Submission(s). The Disciplinary 
Framework also provides a procedure for a Clearing Member to dispute a 
notice of assessment. A Clearing Member will have fifteen days from the 
notice of assessment to dispute the notice or seek to have it waived or 
rescinded. The Clearing House may grant a waiver of an assessment for 
certain specified reasons. A conditional waiver may be granted for the 
first instance of a Missed Submission for a particular instrument, 
provided that the Clearing Member does not have another Missed 
Submission in that instrument within 90 days. The Clearing House may 
grant an unconditional waiver where Missed Submissions result from 
extraordinary circumstances outside of the Clearing Member's control, 
such as market-wide disruptions. The imposition of a cash assessment on 
a Clearing Member does not preclude ICE Clear Europe from taking any 
other disciplinary action against a Clearing Member under the Rules and 
Procedures, including for persistent failures to meet the requirements 
of the EOD Price Discovery Policy.
2. Statutory Basis
    ICE Clear Europe believes that the proposed amendments are 
consistent with the requirements of Section 17A of the Act \4\ and the 
regulations thereunder applicable to it. Section 17A(b)(3)(F) of the 
Act \5\ requires, among other things, that the rules of a clearing 
agency be designed to promote the prompt and accurate clearance and 
settlement of securities transactions and, to the extent applicable, 
derivative agreements, contracts, and transactions, the safeguarding of 
securities and funds in the custody or control of the clearing agency, 
and the protection of investors and the public interest. The proposed 
amendments are designed to enhance the Clearing House's EOD Price 
Discovery Policy, which is a key aspect of the risk management and 
daily settlement procedures of the Clearing House. In ICE Clear 
Europe's view, the changes will strengthen the incentive of Clearing 
Members to provide accurate end-of-day price submissions, by imposing 
new consequences under the Firm Trade Methodology for submissions that 
are obviously erroneous. The amendments will further incentivize 
accurate price submissions by imposing financial consequences on 
Clearing Members for Missed Submissions, through cash assessments under 
the new Disciplinary Framework. The amendments thus ensure Clearing 
Members are accountable for all price submissions and any failures to 
make submissions. This will promote the accuracy and integrity of the 
overall end-of-day pricing and settlement process. The amendments also 
contain certain other enhancements and clarifications to the end-of-day 
price submission process, as discussed above. Accordingly, ICE Clear 
Europe believes that the proposed rule change will promote the prompt 
and accurate clearance and settlement of securities transactions and 
derivative agreements,

[[Page 48371]]

contracts and transactions, within the meaning of Section 
17(A)(b)(3)(F).\6\
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    \4\ 15 U.S.C. 78q-1.
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In addition, in ICE Clear Europe's view, the new Disciplinary 
Framework provides an appropriately tailored set of cash assessments 
for Missed Submissions by Clearing Members, in light of the importance 
of end-of-day price submissions to the Clearing House risk management 
and settlement procedures. The framework is thus consistent with the 
requirements of Section 17A(b)(3)(G) of the Act.\7\ The framework also 
provides a procedure for notifying Clearing Members of the details of 
any such assessments for Missed Submissions, and for Clearing Members 
to dispute and/or seek a waiver of such assessments. In ICE Clear 
Europe's view, this aspect of the framework is consistent with the 
requirements of Section 17A(b)(3)(H) of the Act.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1(b)(3)(G).
    \8\ 15 U.S.C. 78q-1(b)(3)(H).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule change would 
have any impact, or impose any burden, on competition not necessary or 
appropriate in furtherance of the purposes of the Act. The enhancements 
to ICE Clear Europe's price discovery process apply uniformly to all 
Clearing Members. As a result, ICE Clear Europe does not believe that 
the adoption of the policy amendments will adversely affect competition 
among Clearing Members, or the ability of market participants to clear 
contracts generally. The Clearing House also does not believe that the 
amendments will reduce access to clearing CDS contracts generally or 
limit market participants' choices for clearing CDS.
    The amendments may result in certain additional costs for Clearing 
Members that are required to enter into Firm Trades as a result of 
obvious errors in their submissions, or are subject to cash assessments 
as a result of Missed Submissions. ICE Clear Europe believes that these 
additional costs are warranted to enhance the integrity of the price 
submission process, and are in any event generally within the control 
of the Clearing Member. As a result, ICE Clear Europe does not believe 
the proposed amendments impose any burden on competition that is 
inappropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization'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. ICE Clear Europe will notify the Commission of 
any written comments received by ICE Clear Europe.

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 the 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

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-ICEEU-2015-013 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ICEEU-2015-013. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available 
for inspection and copying at the principal office of ICE Clear Europe 
and on ICE Clear Europe's Web site at https://www.theice.com/clear-europe/regulation#rule-filings. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly.
    All submissions should refer to File Number SR-ICEEU-2015-013 and 
should be submitted on or before September 2, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19757 Filed 8-11-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                          48369

                                                  it appears to the Commission that such                     submissions. You should submit only                   and C below, of the most significant
                                                  action is necessary or appropriate in the                  information that you wish to make                     aspects of such statements.
                                                  public interest, for the protection of                     available publicly. All submissions
                                                                                                                                                                   A. Self-Regulatory Organization’s
                                                  investors, or otherwise in furtherance of                  should refer to File Number SR–CBOE–
                                                                                                                                                                   Statement of the Purpose of, and
                                                  the purposes of the Act. If the                            2015–061 and should be submitted on
                                                                                                                                                                   Statutory Basis for, the Proposed Rule
                                                  Commission takes such action, the                          or before September 2, 2015.
                                                  Commission shall institute proceedings                                                                           Change
                                                                                                               For the Commission, by the Division of
                                                  under Section 19(b)(2)(B) 32 of the Act to                 Trading and Markets, pursuant to delegated            1. Purpose
                                                  determine whether the proposed rule                        authority.33                                             ICE Clear Europe proposes to amend
                                                  change should be approved or                               Robert W. Errett,                                     its CDS End-of-Day Price Discovery
                                                  disapproved.                                               Deputy Secretary.                                     Policy (the ‘‘EOD Price Discovery
                                                  IV. Solicitation of Comments                               [FR Doc. 2015–19756 Filed 8–11–15; 8:45 am]           Policy’’) to make certain enhancements
                                                    Interested persons are invited to                        BILLING CODE 8011–01–P                                to the end-of-day submission and firm
                                                  submit written data, views, and                                                                                  trade process for CDS contracts. ICE
                                                  arguments concerning the foregoing,                                                                              Clear Europe also proposes to adopt a
                                                  including whether the proposed rule                        SECURITIES AND EXCHANGE                               new Price Submission Disciplinary
                                                  change is consistent with the Act.                         COMMISSION                                            Framework (the ‘‘Disciplinary
                                                  Comments may be submitted by any of                                                                              Framework’’) that addresses missed
                                                                                                             [Release No. 34–75624; File No. SR–ICEEU–             price submissions by Clearing Members
                                                  the following methods:                                     2015–013]                                             for CDS contracts. ICE Clear Europe
                                                  Electronic Comments                                                                                              does not otherwise propose to change its
                                                                                                             Self-Regulatory Organizations; ICE
                                                    • Use the Commission’s Internet                          Clear Europe Limited; Notice of Filing
                                                                                                                                                                   Clearing Rules or Procedures in
                                                  comment form (http://www.sec.gov/                                                                                connection with these amendments.
                                                                                                             of Proposed Rule Change Relating to
                                                  rules/sro.shtml); or                                                                                                Under the EOD Price Discovery
                                                                                                             CDS End-of-Day Price Discovery
                                                    • Send an email to rule-comments@                                                                              Policy, ICE Clear Europe currently
                                                                                                             Policy
                                                  sec.gov. Please include File Number SR–                                                                          utilizes a ‘‘cross and lock’’ algorithm as
                                                  CBOE–2015–061 on the subject line.                         August 6, 2015.                                       part of its CDS price discovery process.
                                                                                                                Pursuant to Section 19(b)(1) of the                Under this algorithm, standardized bids
                                                  Paper Comments
                                                                                                             Securities Exchange Act of 1934                       and offers derived from Clearing
                                                     • Send paper comments in triplicate                     (‘‘Act’’) 1 and Rule 19b–4 thereunder 2               Member submissions are matched by
                                                  to Brent J. Fields, Secretary, Securities                  notice is hereby given that on July 24,               sorting them from highest to lowest and
                                                  and Exchange Commission, 100 F Street                      2015, ICE Clear Europe Limited (‘‘ICE                 lowest to highest levels, respectively.
                                                  NE., Washington, DC 20549–1090.                            Clear Europe’’ or ‘‘Clearing House’’)                 This sorting process pairs the Clearing
                                                  All submissions should refer to File                       filed with the Securities and Exchange                Member submitting the highest bid
                                                  Number SR–CBOE–2015–061. This file                         Commission (‘‘Commission’’) the                       price with the Clearing Member
                                                  number should be included on the                           proposed rule change as described in                  submitting the lowest offer price, the
                                                  subject line if email is used. To help the                 Items I, II, and III below, which Items               Clearing Member submitting the second
                                                  Commission process and review your                         have been primarily prepared by ICE                   highest bid price with the Clearing
                                                  comments more efficiently, please use                      Clear Europe. The Commission is                       Member submitting the second-lowest
                                                  only one method. The Commission will                       publishing this notice to solicit                     offer price, and so on. The algorithm
                                                  post all comments on the Commission’s                      comments on the proposed rule change                  then identifies crossed and/or locked
                                                  Internet Web site (http://www.sec.gov/                     from interested persons.                              markets. Crossed markets are the
                                                  rules/sro.shtml). Copies of the                                                                                  Clearing Member pairs generated by the
                                                  submission, all subsequent                                 I. Self-Regulatory Organization’s                     sorting and ranking process for which
                                                  amendments, all written statements                         Statement of the Terms of Substance of                the bid price of one Clearing Member is
                                                  with respect to the proposed rule                          the Proposed Rule Change                              above the offer price of the matched
                                                  change that are filed with the                                ICE Clear Europe proposes to amend                 Clearing Member. The algorithm
                                                  Commission, and all written                                its end-of-day price discovery policies               identifies locked markets, where the bid
                                                  communications relating to the                             and procedures for credit default swap                and the offer are equal, in a similar
                                                  proposed rule change between the                           (‘‘CDS’’) contracts to incorporate certain            fashion.
                                                  Commission and any person, other than                      enhancements.                                            Whenever there are crossed and/or
                                                  those that may be withheld from the                                                                              locked matched markets, the algorithm
                                                  public in accordance with the                              II. Self-Regulatory Organization’s                    applies a set of rules designed to
                                                  provisions of 5 U.S.C. 552, will be                        Statement of the Purpose of, and                      identify standardized submissions that
                                                  available for Web site viewing and                         Statutory Basis for, the Proposed Rule                are ‘‘obvious errors.’’ The algorithm sets
                                                  printing in the Commission’s Public                        Change                                                a high bid threshold equal to the
                                                  Reference Room, 100 F Street NE.,                            In its filing with the Commission, ICE              preliminary end-of-day (‘‘EOD’’) level
                                                  Washington, DC 20549, on official                          Clear Europe included statements                      plus one bid-offer width (‘‘BOW’’), and
                                                  business days between the hours of                         concerning the purpose of and basis for               a low offer threshold equal to the
                                                  10:00 a.m. and 3:00 p.m. Copies of such                    the proposed rule change. The text of                 preliminary EOD level minus one BOW.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  filing will also be available for                          these statements may be examined at                   The algorithm considers a Clearing
                                                  inspection and copying at the principal                    the places specified in Item IV below.                Member’s standardized submission to
                                                  office of the Exchange. All comments                       ICE Clear Europe has prepared                         be an ‘‘obvious error’’ if the bid is higher
                                                  received will be posted without change;                    summaries, set forth in sections A, B,                than the high bid threshold, or the offer
                                                  the Commission does not edit personal                                                                            is lower than the low offer threshold.
                                                  identifying information from                                 33 17 CFR 200.30–3(a)(12).                             Clearing Member pairs identified by
                                                                                                               1 15 U.S.C. 78s(b)(1).                              the algorithm as crossed or locked
                                                    32 15   U.S.C. 78s(b)(2)(B).                               2 17 CFR 240.19b–4.                                 markets may be required from time to


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                                                  48370                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                  time, under the EOD Price Discovery                     rate. Under the revised approach,                     Missed Submission in that instrument
                                                  Policy, to enter into cleared CDS trades                Clearing Members will be required to                  within 90 days. The Clearing House may
                                                  with each other (‘‘Firm Trades’’).                      provide price submissions (or                         grant an unconditional waiver where
                                                  Currently, ICE Clear Europe excludes                    equivalent ‘‘points upfront’’                         Missed Submissions result from
                                                  standardized submissions it identifies as               submissions) for all single name CDS                  extraordinary circumstances outside of
                                                  obvious errors from potential Firm                      instruments. Clearing Members may                     the Clearing Member’s control, such as
                                                  Trades and does not use these                           provide a recovery rate, which the                    market-wide disruptions. The
                                                  submissions in its determination of                     Clearing House will use for purposes of               imposition of a cash assessment on a
                                                  published EOD levels.                                   its own analysis. Accordingly, the                    Clearing Member does not preclude ICE
                                                     ICE Clear Europe proposes to impose                  Clearing House will no longer need to                 Clear Europe from taking any other
                                                  certain consequences under the Firm                     convert spread submissions for single                 disciplinary action against a Clearing
                                                  Trade methodology for Clearing                          name instruments into a price level for               Member under the Rules and
                                                  Members providing price discovery                       purposes of the EOD price                             Procedures, including for persistent
                                                  submissions deemed to be obvious                        determination process. Various                        failures to meet the requirements of the
                                                  errors. As revised, the process for                     conforming changes have been made                     EOD Price Discovery Policy.
                                                  determining potential Firm Trades will                  throughout the policy as a result.
                                                  now include all standardized                               ICE Clear Europe also proposes to                  2. Statutory Basis
                                                  submissions, including those classified                 implement a new Disciplinary                             ICE Clear Europe believes that the
                                                  as obvious errors (and as a result                      Framework, which addresses failures by                proposed amendments are consistent
                                                  submissions that are obvious errors may                 a Clearing Member to provide required                 with the requirements of Section 17A of
                                                  result in Firm Trades). However,                        EOD price submissions for CDS                         the Act 4 and the regulations thereunder
                                                  obvious errors will not be used in the                  Contracts in which they hold cleared                  applicable to it. Section 17A(b)(3)(F) of
                                                  calculation of the final EOD level, as                  open interest with the Clearing House                 the Act 5 requires, among other things,
                                                  under the current framework. Thus, ICE                  (‘‘Missed Submissions’’). For purposes                that the rules of a clearing agency be
                                                  Clear Europe will effectively execute its               of the Disciplinary Framework, obvious                designed to promote the prompt and
                                                  current EOD algorithm twice: initially in               errors (as described above) with respect              accurate clearance and settlement of
                                                  the same way it does today (eliminating                 to CDX index CDS contracts will also be               securities transactions and, to the extent
                                                  obvious errors) to generate the final EOD               treated as Missed Submissions (since                  applicable, derivative agreements,
                                                  levels, and again, without excluding                    such instruments are not subject to Firm              contracts, and transactions, the
                                                  obvious errors, to generate Firm Trades                 Trade requirements). ICE Clear Europe                 safeguarding of securities and funds in
                                                  and related reversing transactions.3                    will impose a cash assessment on                      the custody or control of the clearing
                                                     To limit the potential exposure                      Clearing Members for each Missed                      agency, and the protection of investors
                                                  created through Firm Trades that                        Submission, generally ranging from                    and the public interest. The proposed
                                                  include a bid or offer from an obvious                  $1,000 to $4,000, depending on whether                amendments are designed to enhance
                                                  error submission, ICE Clear Europe will                 the Missed Submission related to an                   the Clearing House’s EOD Price
                                                  adjust Firm Trade prices, where                         index or single-name, whether it                      Discovery Policy, which is a key aspect
                                                  appropriate, to fall within a predefined                occurred on an announced firm trade                   of the risk management and daily
                                                  band on either side of the EOD price                    date and whether the related contract is              settlement procedures of the Clearing
                                                  such that the potential profit or loss (‘‘P/            actively traded. For single name CDS                  House. In ICE Clear Europe’s view, the
                                                  L’’) realized by unwinding the trade at                 contracts, the framework also specifies               changes will strengthen the incentive of
                                                  the EOD level is capped.                                an aggregate daily maximum assessment                 Clearing Members to provide accurate
                                                     To prevent Clearing Members from                     per Clearing Member for multiple                      end-of-day price submissions, by
                                                  receiving Firm Trades with large P/L                    Missed Submissions and a daily                        imposing new consequences under the
                                                  impact in certain index instruments that                maximum assessment per Clearing                       Firm Trade Methodology for
                                                  are less actively traded, and for which                 Member per risk sub-factor.                           submissions that are obviously
                                                  it is therefore more difficult and/or more                 As part of a new summary assessment                erroneous. The amendments will further
                                                  expensive to manage the associated risk,                process, ICE Clear Europe will                        incentivize accurate price submissions
                                                  ICE Clear Europe will automatically                     determine on a monthly basis whether                  by imposing financial consequences on
                                                  generate reversing transactions at the                  a Clearing Member has any Missed                      Clearing Members for Missed
                                                  end-of-day price level for specific index               Submissions and provide the Clearing                  Submissions, through cash assessments
                                                  CDS instruments (i.e., for specific                     Member a notice of assessment with                    under the new Disciplinary Framework.
                                                  combinations of index/sub-index and                     details of such Missed Submissions. The               The amendments thus ensure Clearing
                                                  series determined by the ICE Clear                      notice of assessment will include                     Members are accountable for all price
                                                  Europe risk department in consultation                  information about the date, type,                     submissions and any failures to make
                                                  with the trading advisory committee).                   quantity and assessment amount for the                submissions. This will promote the
                                                  Currently, reversing transactions are                   relevant Missed Submission(s). The                    accuracy and integrity of the overall
                                                  only available for eligible single name                 Disciplinary Framework also provides a                end-of-day pricing and settlement
                                                  CDS instruments.                                        procedure for a Clearing Member to                    process. The amendments also contain
                                                     ICE Clear Europe is also revising the                dispute a notice of assessment. A                     certain other enhancements and
                                                  EOD Price Discovery Policy to remove                    Clearing Member will have fifteen days                clarifications to the end-of-day price
                                                  the option for Clearing Members to                      from the notice of assessment to dispute              submission process, as discussed above.
                                                  provide end-of-day price submissions
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                                                                                                          the notice or seek to have it waived or               Accordingly, ICE Clear Europe believes
                                                  for single name CDS instruments in                      rescinded. The Clearing House may                     that the proposed rule change will
                                                  terms of spread and associated recovery                 grant a waiver of an assessment for                   promote the prompt and accurate
                                                                                                          certain specified reasons. A conditional              clearance and settlement of securities
                                                     3 A reversing transaction is a second cleared
                                                                                                          waiver may be granted for the first                   transactions and derivative agreements,
                                                  transaction with identical attributes to the initial
                                                  Firm Trade, but with the buyer and seller
                                                                                                          instance of a Missed Submission for a
                                                  counterparties reversed, and at that day’s EOD price    particular instrument, provided that the                4 15   U.S.C. 78q–1.
                                                  rather than the initial Firm Trade price.               Clearing Member does not have another                   5 15   U.S.C. 78q–1(b)(3)(F).



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                                                                             Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                                 48371

                                                  contracts and transactions, within the                  C. Self-Regulatory Organization’s                     Commission and any person, other than
                                                  meaning of Section 17(A)(b)(3)(F).6                     Statement on Comments on the                          those that may be withheld from the
                                                     In addition, in ICE Clear Europe’s                   Proposed Rule Change Received From                    public in accordance with the
                                                  view, the new Disciplinary Framework                    Members, Participants or Others                       provisions of 5 U.S.C. 552, will be
                                                  provides an appropriately tailored set of                 Written comments relating to the                    available for Web site viewing and
                                                                                                          proposed rule change have not been                    printing in the Commission’s Public
                                                  cash assessments for Missed
                                                                                                          solicited or received. ICE Clear Europe               Reference Room, 100 F Street NE.,
                                                  Submissions by Clearing Members, in
                                                                                                          will notify the Commission of any                     Washington, DC 20549, on official
                                                  light of the importance of end-of-day
                                                                                                          written comments received by ICE Clear                business days between the hours of
                                                  price submissions to the Clearing House                                                                       10:00 a.m. and 3:00 p.m. Copies of such
                                                  risk management and settlement                          Europe.
                                                                                                                                                                filings will also be available for
                                                  procedures. The framework is thus                       III. Date of Effectiveness of the                     inspection and copying at the principal
                                                  consistent with the requirements of                     Proposed Rule Change and Timing for                   office of ICE Clear Europe and on ICE
                                                  Section 17A(b)(3)(G) of the Act.7 The                   Commission Action                                     Clear Europe’s Web site at https://
                                                  framework also provides a procedure for                                                                       www.theice.com/clear-europe/
                                                                                                            Within 45 days of the date of
                                                  notifying Clearing Members of the                                                                             regulation#rule-filings. All comments
                                                                                                          publication of this notice in the Federal
                                                  details of any such assessments for                     Register or within such longer period                 received will be posted without change;
                                                  Missed Submissions, and for Clearing                    up to 90 days (i) as the Commission may               the Commission does not edit personal
                                                  Members to dispute and/or seek a                        designate if it finds such longer period              identifying information from
                                                  waiver of such assessments. In ICE Clear                to be appropriate and publishes its                   submissions. You should submit only
                                                  Europe’s view, this aspect of the                       reasons for so finding or (ii) as to which            information that you wish to make
                                                  framework is consistent with the                        the self-regulatory organization                      available publicly.
                                                  requirements of Section 17A(b)(3)(H) of                 consents, the Commission will:                           All submissions should refer to File
                                                  the Act.8                                                 (A) By order approve or disapprove                  Number SR–ICEEU–2015–013 and
                                                  B. Self-Regulatory Organization’s                       the proposed rule change or                           should be submitted on or before
                                                                                                            (B) institute proceedings to determine              September 2, 2015.
                                                  Statement on Burden on Competition
                                                                                                          whether the proposed rule change                        For the Commission, by the Division of
                                                    ICE Clear Europe does not believe the                 should be disapproved.                                Trading and Markets, pursuant to delegated
                                                  proposed rule change would have any                     IV. Solicitation of Comments                          authority.9
                                                  impact, or impose any burden, on                                                                              Robert W. Errett,
                                                  competition not necessary or                              Interested persons are invited to
                                                                                                          submit written data, views, and                       Deputy Secretary.
                                                  appropriate in furtherance of the
                                                                                                          arguments concerning the foregoing,                   [FR Doc. 2015–19757 Filed 8–11–15; 8:45 am]
                                                  purposes of the Act. The enhancements
                                                                                                          including whether the proposed rule                   BILLING CODE 8011–01–P
                                                  to ICE Clear Europe’s price discovery
                                                                                                          change is consistent with the Act.
                                                  process apply uniformly to all Clearing                 Comments may be submitted by any of
                                                  Members. As a result, ICE Clear Europe                  the following methods:                                SECURITIES AND EXCHANGE
                                                  does not believe that the adoption of the                                                                     COMMISSION
                                                  policy amendments will adversely affect                 Electronic Comments
                                                  competition among Clearing Members,                       • Use the Commission’s Internet                     [Release No. 34–75632; File No. SR–ISE–
                                                  or the ability of market participants to                comment form (http://www.sec.gov/                     2014–24]
                                                  clear contracts generally. The Clearing                 rules/sro.shtml) or
                                                  House also does not believe that the                      • Send an email to rule-comments@                   Self-Regulatory Organizations;
                                                  amendments will reduce access to                        sec.gov. Please include File Number SR–               International Securities Exchange,
                                                  clearing CDS contracts generally or limit               ICEEU–2015–013 on the subject line.                   LLC; Order Disapproving a Proposed
                                                  market participants’ choices for clearing               Paper Comments                                        Rule Change To Modify ISE’s Opening
                                                  CDS.                                                                                                          Process
                                                                                                            • Send paper comments in triplicate
                                                    The amendments may result in
                                                                                                          to Secretary, Securities and Exchange                 August 6, 2015.
                                                  certain additional costs for Clearing                   Commission, 100 F Street NE.,
                                                  Members that are required to enter into                 Washington, DC 20549–1090.                            I. Introduction
                                                  Firm Trades as a result of obvious errors
                                                                                                          All submissions should refer to File                     On November 19, 2014, the
                                                  in their submissions, or are subject to
                                                                                                          Number SR–ICEEU–2015–013. This file                   International Securities Exchange, LLC
                                                  cash assessments as a result of Missed
                                                                                                          number should be included on the                      (the ‘‘Exchange’’ or the ‘‘ISE’’) filed with
                                                  Submissions. ICE Clear Europe believes                  subject line if email is used. To help the            the Securities and Exchange
                                                  that these additional costs are warranted               Commission process and review your                    Commission (the ‘‘SEC’’ or the
                                                  to enhance the integrity of the price                   comments more efficiently, please use                 ‘‘Commission’’), pursuant to Section
                                                  submission process, and are in any                      only one method. The Commission will                  19(b)(1) of the Securities Exchange Act
                                                  event generally within the control of the               post all comments on the Commission’s                 of 1934 (the ‘‘Act’’) 1 and Rule 19b–4
                                                  Clearing Member. As a result, ICE Clear                 Internet Web site (http://www.sec.gov/                thereunder,2 a proposed rule change to
                                                  Europe does not believe the proposed
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          rules/sro.shtml). Copies of the                       modify the opening process of the
                                                  amendments impose any burden on                         submission, all subsequent                            Exchange. The proposed rule change
                                                  competition that is inappropriate in                    amendments, all written statements                    was published for comment in the
                                                  furtherance of the purposes of the Act.                 with respect to the proposed rule                     Federal Register on December 10,
                                                                                                          change that are filed with the
                                                    6 15 U.S.C. 78q–1(b)(3)(F).                           Commission, and all written                             9 17 CFR 200.30–3(a)(12).
                                                    7 15 U.S.C. 78q–1(b)(3)(G).                           communications relating to the                          1 15 U.S.C. 78s(b)(1).
                                                    8 15 U.S.C. 78q–1(b)(3)(H).                           proposed rule change between the                        2 17 CFR 240.19b–4.




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Document Created: 2016-09-27 22:26:59
Document Modified: 2016-09-27 22:26:59
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 48369 

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