80_FR_80661 80 FR 80414 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to ICC End-of-Day Price Discovery Policy

80 FR 80414 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to ICC End-of-Day Price Discovery Policy

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80414-80416
FR Document2015-32390

Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80414-80416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32390]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76696; File No. SR-ICEEU-2015-020]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating to ICC End-of-Day Price Discovery Policy

December 18, 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 December 3, 2015, ICE Clear Europe Limited (``ICE Clear Europe'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule changes as described in Items I, II, and III below, which 
Items have been prepared primarily by ICE Clear Europe. ICE Clear 
Europe filed the proposed rule changes pursuant to Section 19(b)(3)(A) 
of the Act,\3\ and Rule 19b-4(f)(4)(i) \4\ thereunder, so that the 
proposal was effective upon filing with the Commission. The Commission 
is publishing this notice to solicit comments on the proposed rule 
changes from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(i).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The principal purpose of the proposed rule changes is to revise the 
ICE Clear Europe End-of-Day Price Discovery Policy (the ``Price 
Discovery Policy'') to accommodate industry changes regarding the 
reduction of the frequency for which Single Name (``SN'') Credit 
Default Swap (``CDS'') contracts roll to the new on-the-run-contract.

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 
changes. 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 revising its Price Discovery Policy to 
accommodate industry change regarding the reduction of the frequency 
for which SN CDS contracts roll to the new on-the-run-contract. The 
changes affect the labeling convention for cleared SN CDS contracts for 
price reporting purposes, but will not alter the terms of the contracts 
or the range of tenors of SN CDS contracts currently cleared by ICE 
Clear Europe.
    ICE Clear Europe believes such revisions will facilitate the prompt 
and accurate clearance and settlement of securities transactions and 
derivative agreements, contracts, and transactions cleared by ICE Clear 
Europe. The proposed revisions are described in detail as follows.
    As part of ICE Clear Europe's end-of-day price discovery process, 
ICE Clear Europe Clearing Members are required to submit end-of-day 
prices for specific instruments related to their open interest at ICE 
Clear Europe, in accordance with Rule 503(g) and the ICE Clear Europe 
Procedures. These end-of-day price submissions are used by ICE Clear 
Europe in its calculation of settlement prices.
    ICE Clear Europe refers to a group of SN instruments with the same 
risk sub-factor and coupon as a ``curve.'' Each point, or tenor, along 
the curve is labeled with a tenor name. Currently for SN instruments, 
the market convention is to describe tenors based on the period 
remaining until the scheduled termination date of the contract. Under 
this convention, the nearest-to-expiring contract is referred to as the 
0M tenor, the next nearest to expiring is referred to as the three 
month (3M) tenor, and so on (with scheduled termination dates spaced at 
3 month intervals), up to ten years (10Y). ICE Clear Europe supports 
the clearing of all 41 SN tenors from 0M to 10Y. As such, ICE Clear 
Europe also calculates settlement prices for the 41 SN tenors on the 
curve. However, ICE Clear Europe defines a subset of the 41 tenors as 
``benchmark-tenors'', which are tenors for which Clearing Members 
provide submissions in the end-of-day price discovery process. The nine 
benchmark tenors are 0M, 6M, 1Y, 2Y, 3Y, 4Y, 5Y, 7Y, and 10Y, which 
correspond to so-called ``on-the-run'' contracts.
    Currently, as a matter of CDS market practice, the on-the-run 
contract for a particular tenor is the contract expiring

[[Page 80415]]

on the next following quarterly International Money Market (``IMM'') 
dates (i.e., March 20, June 20, September 20, and December 20) for the 
relevant year. For example, the SN CDS contract expiring December 20, 
2020 will be considered the five-year on-the-run contract until 
December 20, 2015, from which time the contract expiring March 20, 2021 
will be viewed as the 5Y on-the-run contract, until the next quarterly 
roll date, etc. Accordingly, market participants seeking to maintain 
exposure at a particular CDS tenor will typically ``roll'' SN CDS 
contracts into the new on-the-run contract (i.e., terminate positions 
in the old on-the-run contract and establish positions in the new on-
the-run contract) on a quarterly basis on the IMM dates. To account for 
this practice, at each quarterly roll date, ICE Clear Europe re-labels 
the 41 SN tenors to reflect the rolling and expiration of contracts.
    The CDS industry has proposed reducing the frequency at which SN 
CDS contracts roll to the new on-the-run contract. Specifically, the 
CDS industry has proposed moving from quarterly roll dates to semi-
annual roll dates for SN CDS contracts. Under the revised approach, 
market participants are expected to roll SN CDS contracts only on the 
March 20 and September 20 IMM dates, and the on-the-run contracts will 
be determined based on the next following June 20 and December 20 
expiration dates. As a result, a particular contract tenor will 
generally remain the on-the-run contract for six months, rather than 
three.
    ICE Clear Europe proposes changes to its Price Discovery Policy to 
accommodate the change in roll frequency for on-the-run contracts. 
Under the revised policy, ICE Clear Europe will re-label scheduled 
termination dates with benchmark tenor names every six months, on the 
March 20 and September 20 IMM dates for CDS contracts (i.e., the on-
the-run roll dates). The re-labeling is based on the remaining time to 
maturity that will apply to a given scheduled termination date on the 
next quarterly IMM date (i.e. the next December 20 or June 20 standard 
maturity date). Upon the semi-annual re-labeling, the nearest to 
maturity contract is referred to as the 0M tenor, and the tenor label 
for each longer-date contract is based on that contract's time to 
maturity relative to the scheduled termination date labeled as the 0M 
tenor.
    The new nine benchmark tenors will be the 0/3M, 6M, 1Y, 2Y, 3Y, 4Y, 
5Y, 7Y and 10Y, which correspond to the on-the-run contracts for those 
tenors. Eight of the nine benchmark tenors remain constant and refer to 
individual scheduled termination dates that are fixed for the six-month 
periods between semi-annual re-labeling, specifically the 6M, 1Y, 2Y, 
3Y, 4Y, 5Y, 7Y, and 10Y. However, the 0M tenor matures three months 
after a semi-annual labeling, and ICE Clear Europe defines the first 
(shortest-dated) benchmark tenor as the 0M tenor from a semi-annual re-
labeling until the maturity of that tenor, and defines the first 
benchmark tenor as the 3M tenor from the maturity of the 0M tenor 
through the next semi-annual re-labeling. The label 0/3M tenor refers 
to this re-mapping of the first benchmark tenor to different IMM dates 
on a quarterly basis. Throughout the policy, references to the 0M SN 
tenor have been updated to 0/3M to reflect this change.
    Consistent with the approach being taken throughout the CDS market, 
the changes to accommodate the change in SN roll frequency will take 
effect with the December 20, 2015 roll.
2. Statutory Basis
    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 and to comply with the provisions of the Act and the rules 
and regulations thereunder. ICE Clear Europe believes that the proposed 
rule changes are consistent with the requirements of the Act and the 
rules and regulations thereunder applicable to ICE Clear Europe, 
including Section 17(A)(b)(3)(F).\6\ ICE Clear Europe's end of day 
price discovery process allows ICE Clear Europe to determine reliable, 
market-driven prices for the CDS instruments it clears, which are in 
turn necessary to facilitate accurate daily settlement in such 
instruments. The proposed revisions to the Price Discovery Policy will 
accommodate industry changes regarding the reduction of the frequency 
for which SN CDS contracts roll to the new on-the-run contract, and in 
particular will enable ICE Clear Europe to continue to perform its end 
of day price discovery process in an effective manner in light of such 
industry changes. As such, the proposed changes are designed to promote 
the prompt and accurate clearance and settlement of securities 
transactions, derivatives agreements, contracts, and transactions 
within the meaning of Section 17A(b)(3)(F) \7\ of the Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1(b)(3)(F).
    \6\ Id.
    \7\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule changes would 
have any impact, or impose any burden, on competition not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
changes are designed to accommodate industry changes regarding the 
reduction of the frequency for which SN CDS contracts roll to the new 
on-the-run-contract, and will apply uniformly across all market 
participants. ICE Clear Europe is not changing the products or tenors 
of SN CDS offered, and does not believe that the amendments will 
adversely affect access to clearing or the cost of clearing for 
Clearing Members or other market participants. Therefore, ICE Clear 
Europe does not believe the proposed rule changes 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 changes to the rules 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

    The foregoing rule changes have become effective upon filing 
pursuant to Section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(4)(i) 
\9\ thereunder. The amendments principally effect a change in an 
existing service of a registered clearing agency that does not 
adversely affect the safeguarding of securities or funds in the custody 
or control of the clearing agency or for which it is responsible, and 
does not significantly affect the respective rights or obligations of 
the clearing agency or persons using the service. At any time within 60 
days of the filing of the proposed rule changes, the Commission 
summarily may temporarily suspend such rule changes if it appears to 
the Commission that such action is necessary or appropriate in the 
public interest, for the protection of investors, or otherwise

[[Page 80416]]

in furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(4)(i).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
changes are 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 [email protected]. Please include 
File Number SR-ICEEU-2015-020 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-2015-020. 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-2015-020 
and should be submitted on or before January 14, 2016.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32390 Filed 12-23-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  80414                       Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  Paper Comments                                            SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                                                                                            COMMISSION                                            Statement of the Purpose of, and
                                                    • Send paper comments in triplicate                                                                           Statutory Basis for, the Proposed Rule
                                                  to Secretary, Securities and Exchange                                                                           Change
                                                                                                            [Release No. 34–76696; File No. SR–ICEEU–
                                                  Commission, 100 F Street NE.,
                                                                                                            2015–020]                                             1. Purpose
                                                  Washington, DC 20549–1090.
                                                                                                                                                                     ICE Clear Europe proposes revising its
                                                  All submissions should refer to File                      Self-Regulatory Organizations; ICE
                                                                                                                                                                  Price Discovery Policy to accommodate
                                                  Number SR–BX–2015–079. This file                          Clear Europe Limited; Notice of Filing
                                                                                                                                                                  industry change regarding the reduction
                                                  number should be included on the                          and Immediate Effectiveness of a
                                                                                                                                                                  of the frequency for which SN CDS
                                                  subject line if email is used. To help the                Proposed Rule Change Relating to ICC
                                                                                                                                                                  contracts roll to the new on-the-run-
                                                  Commission process and review your                        End-of-Day Price Discovery Policy                     contract. The changes affect the labeling
                                                  comments more efficiently, please use                     December 18, 2015.                                    convention for cleared SN CDS
                                                  only one method. The Commission will                                                                            contracts for price reporting purposes,
                                                  post all comments on the Commission’s                        Pursuant to Section 19(b)(1) of the                but will not alter the terms of the
                                                  Internet Web site (http://www.sec.gov/                    Securities Exchange Act of 1934                       contracts or the range of tenors of SN
                                                  rules/sro.shtml). Copies of the                           (‘‘Act’’),1 and Rule 19b–4 thereunder,2               CDS contracts currently cleared by ICE
                                                  submission, all subsequent                                notice is hereby given that on December               Clear Europe.
                                                  amendments, all written statements                        3, 2015, ICE Clear Europe Limited (‘‘ICE                 ICE Clear Europe believes such
                                                  with respect to the proposed rule                         Clear Europe’’) filed with the Securities             revisions will facilitate the prompt and
                                                  change that are filed with the                            and Exchange Commission                               accurate clearance and settlement of
                                                                                                            (‘‘Commission’’) the proposed rule                    securities transactions and derivative
                                                  Commission, and all written
                                                                                                            changes as described in Items I, II, and              agreements, contracts, and transactions
                                                  communications relating to the
                                                                                                            III below, which Items have been                      cleared by ICE Clear Europe. The
                                                  proposed rule change between the
                                                                                                            prepared primarily by ICE Clear Europe.               proposed revisions are described in
                                                  Commission and any person, other than                     ICE Clear Europe filed the proposed rule              detail as follows.
                                                  those that may be withheld from the                       changes pursuant to Section 19(b)(3)(A)                  As part of ICE Clear Europe’s end-of-
                                                  public in accordance with the                             of the Act,3 and Rule 19b–4(f)(4)(i) 4                day price discovery process, ICE Clear
                                                  provisions of 5 U.S.C. 552, will be                       thereunder, so that the proposal was                  Europe Clearing Members are required
                                                  available for Web site viewing and                        effective upon filing with the                        to submit end-of-day prices for specific
                                                  printing in the Commission’s Public                       Commission. The Commission is                         instruments related to their open
                                                  Reference Room, 100 F Street NE.,                         publishing this notice to solicit                     interest at ICE Clear Europe, in
                                                  Washington, DC 20549, on official                         comments on the proposed rule changes                 accordance with Rule 503(g) and the ICE
                                                  business days between the hours of                        from interested persons.                              Clear Europe Procedures. These end-of-
                                                  10:00 a.m. and 3:00 p.m. Copies of the                                                                          day price submissions are used by ICE
                                                  filing also will be available for                         I. Self-Regulatory Organization’s                     Clear Europe in its calculation of
                                                  inspection and copying at the principal                   Statement of the Terms of Substance of                settlement prices.
                                                  office of the Exchange. All comments                      the Proposed Rule Change                                 ICE Clear Europe refers to a group of
                                                  received will be posted without change;                                                                         SN instruments with the same risk sub-
                                                                                                               The principal purpose of the                       factor and coupon as a ‘‘curve.’’ Each
                                                  the Commission does not edit personal                     proposed rule changes is to revise the
                                                  identifying information from                                                                                    point, or tenor, along the curve is
                                                                                                            ICE Clear Europe End-of-Day Price                     labeled with a tenor name. Currently for
                                                  submissions. You should submit only                       Discovery Policy (the ‘‘Price Discovery               SN instruments, the market convention
                                                  information that you wish to make                         Policy’’) to accommodate industry                     is to describe tenors based on the period
                                                  available publicly. All submissions                       changes regarding the reduction of the                remaining until the scheduled
                                                  should refer to File Number SR–BX–                        frequency for which Single Name                       termination date of the contract. Under
                                                  2015–079 and should be submitted on                       (‘‘SN’’) Credit Default Swap (‘‘CDS’’)                this convention, the nearest-to-expiring
                                                  or before January 14, 2016.                               contracts roll to the new on-the-run-                 contract is referred to as the 0M tenor,
                                                    For the Commission, by the Division of                  contract.                                             the next nearest to expiring is referred
                                                  Trading and Markets, pursuant to delegated                II. Self-Regulatory Organization’s                    to as the three month (3M) tenor, and so
                                                  authority.47                                              Statement of the Purpose of, and                      on (with scheduled termination dates
                                                  Robert W. Errett,                                         Statutory Basis for, the Proposed Rule                spaced at 3 month intervals), up to ten
                                                  Deputy Secretary.                                         Change                                                years (10Y). ICE Clear Europe supports
                                                  [FR Doc. 2015–32389 Filed 12–23–15; 8:45 am]
                                                                                                                                                                  the clearing of all 41 SN tenors from 0M
                                                                                                              In its filing with the Commission, ICE              to 10Y. As such, ICE Clear Europe also
                                                  BILLING CODE 8011–01–P
                                                                                                            Clear Europe included statements                      calculates settlement prices for the 41
                                                                                                            concerning the purpose of and basis for               SN tenors on the curve. However, ICE
                                                                                                            the proposed rule changes. The text of                Clear Europe defines a subset of the 41
                                                                                                            these statements may be examined at                   tenors as ‘‘benchmark-tenors’’, which
                                                                                                            the places specified in Item IV below.                are tenors for which Clearing Members
                                                                                                            ICE Clear Europe has prepared                         provide submissions in the end-of-day
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                            summaries, set forth in sections A, B,                price discovery process. The nine
                                                                                                            and C below, of the most significant                  benchmark tenors are 0M, 6M, 1Y, 2Y,
                                                                                                            aspects of such statements.                           3Y, 4Y, 5Y, 7Y, and 10Y, which
                                                                                                                                                                  correspond to so-called ‘‘on-the-run’’
                                                                                                              1 15 U.S.C. 78s(b)(1).                              contracts.
                                                                                                              2 17 CFR 240.19b–4.                                    Currently, as a matter of CDS market
                                                                                                              3 15 U.S.C. 78s(b)(3)(A).                           practice, the on-the-run contract for a
                                                    47 17   CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(4)(i).                        particular tenor is the contract expiring


                                             VerDate Sep<11>2014     17:57 Dec 23, 2015   Jkt 238001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\24DEN1.SGM   24DEN1


                                                                            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices                                               80415

                                                  on the next following quarterly                         remain constant and refer to individual                 transactions within the meaning of
                                                  International Money Market (‘‘IMM’’)                    scheduled termination dates that are                    Section 17A(b)(3)(F) 7 of the Act.
                                                  dates (i.e., March 20, June 20,                         fixed for the six-month periods between
                                                                                                                                                                  B. Self-Regulatory Organization’s
                                                  September 20, and December 20) for the                  semi-annual re-labeling, specifically the
                                                                                                                                                                  Statement on Burden on Competition
                                                  relevant year. For example, the SN CDS                  6M, 1Y, 2Y, 3Y, 4Y, 5Y, 7Y, and 10Y.
                                                  contract expiring December 20, 2020                     However, the 0M tenor matures three                       ICE Clear Europe does not believe the
                                                  will be considered the five-year on-the-                months after a semi-annual labeling,                    proposed rule changes would have any
                                                  run contract until December 20, 2015,                   and ICE Clear Europe defines the first                  impact, or impose any burden, on
                                                  from which time the contract expiring                   (shortest-dated) benchmark tenor as the                 competition not necessary or
                                                  March 20, 2021 will be viewed as the 5Y                 0M tenor from a semi-annual re-labeling                 appropriate in furtherance of the
                                                  on-the-run contract, until the next                     until the maturity of that tenor, and                   purposes of the Act. The proposed
                                                  quarterly roll date, etc. Accordingly,                  defines the first benchmark tenor as the                changes are designed to accommodate
                                                  market participants seeking to maintain                 3M tenor from the maturity of the 0M                    industry changes regarding the
                                                  exposure at a particular CDS tenor will                 tenor through the next semi-annual re-                  reduction of the frequency for which SN
                                                  typically ‘‘roll’’ SN CDS contracts into                labeling. The label 0/3M tenor refers to                CDS contracts roll to the new on-the-
                                                  the new on-the-run contract (i.e.,                      this re-mapping of the first benchmark                  run-contract, and will apply uniformly
                                                  terminate positions in the old on-the-                  tenor to different IMM dates on a                       across all market participants. ICE Clear
                                                  run contract and establish positions in                 quarterly basis. Throughout the policy,                 Europe is not changing the products or
                                                  the new on-the-run contract) on a                       references to the 0M SN tenor have been                 tenors of SN CDS offered, and does not
                                                  quarterly basis on the IMM dates. To                    updated to 0/3M to reflect this change.                 believe that the amendments will
                                                  account for this practice, at each                                                                              adversely affect access to clearing or the
                                                  quarterly roll date, ICE Clear Europe re-                  Consistent with the approach being
                                                                                                          taken throughout the CDS market, the                    cost of clearing for Clearing Members or
                                                  labels the 41 SN tenors to reflect the                                                                          other market participants. Therefore,
                                                  rolling and expiration of contracts.                    changes to accommodate the change in
                                                                                                          SN roll frequency will take effect with                 ICE Clear Europe does not believe the
                                                     The CDS industry has proposed                                                                                proposed rule changes impose any
                                                  reducing the frequency at which SN                      the December 20, 2015 roll.
                                                                                                                                                                  burden on competition that is
                                                  CDS contracts roll to the new on-the-run                                                                        inappropriate in furtherance of the
                                                                                                          2. Statutory Basis
                                                  contract. Specifically, the CDS industry                                                                        purposes of the Act.
                                                  has proposed moving from quarterly roll                    Section 17A(b)(3)(F) of the Act 5
                                                  dates to semi-annual roll dates for SN                  requires, among other things, that the                  C. Self-Regulatory Organization’s
                                                  CDS contracts. Under the revised                        rules of a clearing agency be designed to               Statement on Comments on the
                                                  approach, market participants are                       promote the prompt and accurate                         Proposed Rule Change Received From
                                                  expected to roll SN CDS contracts only                  clearance and settlement of securities                  Members, Participants or Others
                                                  on the March 20 and September 20 IMM                    transactions, and to the extent
                                                  dates, and the on-the-run contracts will                                                                          Written comments relating to the
                                                                                                          applicable, derivative agreements,                      proposed changes to the rules have not
                                                  be determined based on the next                         contracts and transactions and to
                                                  following June 20 and December 20                                                                               been solicited or received. ICE Clear
                                                                                                          comply with the provisions of the Act                   Europe will notify the Commission of
                                                  expiration dates. As a result, a particular             and the rules and regulations
                                                  contract tenor will generally remain the                                                                        any written comments received by ICE
                                                                                                          thereunder. ICE Clear Europe believes                   Clear Europe.
                                                  on-the-run contract for six months,                     that the proposed rule changes are
                                                  rather than three.                                      consistent with the requirements of the                 III. Date of Effectiveness of the
                                                     ICE Clear Europe proposes changes to                                                                         Proposed Rule Change and Timing for
                                                                                                          Act and the rules and regulations
                                                  its Price Discovery Policy to                                                                                   Commission Action
                                                  accommodate the change in roll                          thereunder applicable to ICE Clear
                                                  frequency for on-the-run contracts.                     Europe, including Section                                  The foregoing rule changes have
                                                  Under the revised policy, ICE Clear                     17(A)(b)(3)(F).6 ICE Clear Europe’s end                 become effective upon filing pursuant to
                                                  Europe will re-label scheduled                          of day price discovery process allows                   Section 19(b)(3)(A) 8 of the Act and Rule
                                                  termination dates with benchmark tenor                  ICE Clear Europe to determine reliable,                 19b–4(f)(4)(i) 9 thereunder. The
                                                  names every six months, on the March                    market-driven prices for the CDS                        amendments principally effect a change
                                                  20 and September 20 IMM dates for CDS                   instruments it clears, which are in turn                in an existing service of a registered
                                                  contracts (i.e., the on-the-run roll dates).            necessary to facilitate accurate daily                  clearing agency that does not adversely
                                                  The re-labeling is based on the                         settlement in such instruments. The                     affect the safeguarding of securities or
                                                  remaining time to maturity that will                    proposed revisions to the Price                         funds in the custody or control of the
                                                  apply to a given scheduled termination                  Discovery Policy will accommodate                       clearing agency or for which it is
                                                  date on the next quarterly IMM date (i.e.               industry changes regarding the                          responsible, and does not significantly
                                                  the next December 20 or June 20                         reduction of the frequency for which SN                 affect the respective rights or obligations
                                                  standard maturity date). Upon the semi-                 CDS contracts roll to the new on-the-run                of the clearing agency or persons using
                                                  annual re-labeling, the nearest to                      contract, and in particular will enable                 the service. At any time within 60 days
                                                  maturity contract is referred to as the                 ICE Clear Europe to continue to perform                 of the filing of the proposed rule
                                                  0M tenor, and the tenor label for each                  its end of day price discovery process in               changes, the Commission summarily
                                                  longer-date contract is based on that                   an effective manner in light of such                    may temporarily suspend such rule
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  contract’s time to maturity relative to                 industry changes. As such, the proposed                 changes if it appears to the Commission
                                                  the scheduled termination date labeled                  changes are designed to promote the                     that such action is necessary or
                                                  as the 0M tenor.                                        prompt and accurate clearance and                       appropriate in the public interest, for
                                                     The new nine benchmark tenors will                   settlement of securities transactions,                  the protection of investors, or otherwise
                                                  be the 0/3M, 6M, 1Y, 2Y, 3Y, 4Y, 5Y,                    derivatives agreements, contracts, and
                                                  7Y and 10Y, which correspond to the                                                                               7 Id.

                                                  on-the-run contracts for those tenors.                    5 15    U.S.C. 78q–1(b)(3)(F).                          8 15    U.S.C. 78s(b)(3)(A).
                                                  Eight of the nine benchmark tenors                        6 Id.                                                   9 17    CFR 240.19b–4(f)(4)(i).



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                                                  80416                     Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  in furtherance of the purposes of the                   should be submitted on or before                      proposed rule change. The text of these
                                                  Act.                                                    January 14, 2016.                                     statements may be examined at the
                                                                                                            For the Commission, by the Division of              places specified in Item IV below. The
                                                  IV. Solicitation of Comments                                                                                  Exchange has prepared summaries, set
                                                                                                          Trading and Markets, pursuant to delegated
                                                    Interested persons are invited to                     authority.10                                          forth in sections A, B, and C below, of
                                                  submit written data, views, and                         Robert W. Errett,                                     the most significant aspects of such
                                                  arguments concerning the foregoing,                     Deputy Secretary.                                     statements.
                                                  including whether the proposed rule                     [FR Doc. 2015–32390 Filed 12–23–15; 8:45 am]          A. Self-Regulatory Organization’s
                                                  changes are consistent with the Act.                    BILLING CODE 8011–01–P                                Statement of the Purpose of, and
                                                  Comments may be submitted by any of                                                                           Statutory Basis for, the Proposed Rule
                                                  the following methods:                                                                                        Change
                                                                                                          SECURITIES AND EXCHANGE
                                                  Electronic Comments                                                                                           1. Purpose
                                                                                                          COMMISSION
                                                    • Use the Commission’s Internet                       [Release No. 34–76697; File No. SR–Phlx–                 The purpose of the proposed rule
                                                  comment form (http://www.sec.gov/                       2015–106]                                             change is to update the Exchange’s rules
                                                  rules/sro.shtml) or                                                                                           by ensuring the rules accurately reflect
                                                                                                          Self-Regulatory Organizations;                        how trading halts occur on the
                                                    • Send an email to rule-comments@
                                                                                                          NASDAQ OMX PHLX LLC; Notice of                        Exchange’s fully electronic trading
                                                  sec.gov. Please include File Number SR–
                                                                                                          Filing and Immediate Effectiveness of                 system, the Phlx XL II system
                                                  ICEEU–2015–020 on the subject line.
                                                                                                          Proposed Rule Change Regarding                        (‘‘System’’).4 Rule 1047 is now outdated
                                                  Paper Comments                                          Trading Halts                                         in certain ways and lacks specificity in
                                                                                                                                                                certain ways. Primarily, as explained
                                                    • Send paper comments in triplicate                   December 18, 2015.                                    below, the rule does not accurately
                                                  to Secretary, Securities and Exchange                      Pursuant to Section 19(b)(1) of the                reflect under what circumstances the
                                                  Commission, 100 F Street NE.,                           Securities Exchange Act of 1934                       halt will automatically be imposed by
                                                  Washington, DC 20549–1090.                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2               the System versus manually declared by
                                                                                                          notice is hereby given that on December               an official. The Exchange proposes to
                                                  All submissions should refer to File                    9, 2015, NASDAQ OMX PHLX LLC
                                                  Number SR–ICEEU–2015–020. This file                                                                           delete obsolete rule language and amend
                                                                                                          (‘‘Phlx’’ or ‘‘Exchange’’) filed with the             outdated references in order to remove
                                                  number should be included on the                        Securities and Exchange Commission
                                                  subject line if email is used. To help the                                                                    confusion that may result from having
                                                                                                          (‘‘SEC’’ or ‘‘Commission’’) the proposed              outdated rules in the Exchange’s
                                                  Commission process and review your                      rule change as described in Items I, II,
                                                  comments more efficiently, please use                                                                         rulebook and ensure that the rulebook
                                                                                                          and III below, which Items have been                  accurately reflects member obligations.
                                                  only one method. The Commission will                    prepared by the Exchange. The
                                                  post all comments on the Commission’s                                                                         Furthermore, the Exchange is
                                                                                                          Commission is publishing this notice to               reorganizing the rule to flow in a more
                                                  Internet Web site (http://www.sec.gov/                  solicit comments on the proposed rule
                                                  rules/sro.shtml). Copies of the                                                                               logical fashion. In addition, the
                                                                                                          change from interested persons.                       Exchange proposes to harmonize certain
                                                  submission, all subsequent
                                                  amendments, all written statements                      I. Self-Regulatory Organization’s                     language in Rule 1047 with comparable
                                                  with respect to the proposed rule                       Statement of the Terms of Substance of                rules of its affiliates, as described in
                                                  change that are filed with the                          the Proposed Rule Change                              further detail below.5
                                                  Commission, and all written                                                                                      First, the Exchange proposes to delete
                                                                                                             The Exchange proposes to delete
                                                  communications relating to the                                                                                the existing text of paragraph (a) under
                                                                                                          obsolete rule language and amend
                                                  proposed rule change between the                                                                              Rule 1047 which governs opening and
                                                                                                          outdated references relating to Exchange
                                                  Commission and any person, other than                                                                         closing trading rotations. Paragraph (a)
                                                                                                          Rule 1047, Trading Rotations, Halts and
                                                  those that may be withheld from the                                                                           is obsolete because the Exchange no
                                                                                                          Suspensions.3
                                                  public in accordance with the                                                                                 longer relies on manual trading
                                                                                                             The text of the proposed rule change
                                                  provisions of 5 U.S.C. 552, will be                                                                           rotations to open and close trading on
                                                                                                          is available on the Exchange’s Web site
                                                  available for Web site viewing and                                                                            the Exchange.6 A trading rotation, as
                                                                                                          at http://
                                                  printing in the Commission’s Public                                                                           described in current Rule 1047.01, is a
                                                                                                          nasdaqomxphlx.cchwallstreet.com/, at
                                                  Reference Room, 100 F Street NE.,                                                                             series of very brief time periods during
                                                                                                          the principal office of the Exchange, and
                                                  Washington, DC 20549, on official                                                                             each of which bids, offers and
                                                                                                          at the Commission’s Public Reference
                                                  business days between the hours of                                                                            transactions in only a single, specified
                                                                                                          Room.
                                                  10:00 a.m. and 3:00 p.m. Copies of such
                                                  filings will also be available for                      II. Self-Regulatory Organization’s                       4 In May 2009, the Exchange enhanced the system

                                                                                                          Statement of the Purpose of, and                      and adopted corresponding rules referring to the
                                                  inspection and copying at the principal                                                                       system as ‘‘Phlx XL II.’’ See Securities Exchange Act
                                                  office of ICE Clear Europe and on ICE                   Statutory Basis for, the Proposed Rule                Release No. 59995 (May 28, 2009), 74 FR 26750
                                                  Clear Europe’s Web site at https://                     Change                                                (June 3, 2009) (SR–Phlx–2009–32). The Exchange is
                                                  www.theice.com/clear-europe/                                                                                  proposing to define the term ‘‘System’’ in proposed
                                                                                                             In its filing with the Commission, the             subparagraph (b)(iii); previously, only the term
                                                  regulation#rule-filings.                                Exchange included statements                          ‘‘Trading System’’ was used and defined in current
                                                     All comments received will be posted                 concerning the purpose of and basis for               subparagraph (a)(iv).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  without change; the Commission does                     the proposed rule change and discussed                   5 See Nasdaq Options Market (‘‘NOM’’) Chapter

                                                                                                          any comments it received on the                       V, Section 3 and BX Options Chapter V, Section 3.
                                                  not edit personal identifying                                                                                    6 The exception is in the event an automated
                                                  information from submissions. You                                                                             opening cannot occur or a closing rotation is
                                                                                                            10 17  CFR 200.30–3(a)(12).
                                                  should submit only information that                       1 15
                                                                                                                                                                deemed necessary, in which case the procedures in
                                                                                                                  U.S.C. 78s(b)(1).                             the Commentaries to Rule 1047 would be employed
                                                  you wish to make available publicly. All                   2 17 CFR 240.19b–4.
                                                                                                                                                                pursuant to the authority in current Rule 1047(c),
                                                  submissions should refer to File                           3 The Exchange proposes to re-title the rule       which is proposed to become Rule 1047(b), Manual
                                                  Number SR–ICEEU–2015–020 and                            ‘‘Trading Halts.’’                                    Rotations.



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Document Created: 2015-12-24 02:25:48
Document Modified: 2015-12-24 02:25:48
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 80414 

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