81_FR_14967 81 FR 14914 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Provide for the Clearance of Certain Asia-Pacific Credit Default Swap Contracts

81 FR 14914 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Provide for the Clearance of Certain Asia-Pacific Credit Default Swap Contracts

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 53 (March 18, 2016)

Page Range14914-14916
FR Document2016-06089

Federal Register, Volume 81 Issue 53 (Friday, March 18, 2016)
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Notices]
[Pages 14914-14916]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06089]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77361; File No. SR-ICC-2016-002]


Self-Regulatory Organizations; ICE Clear Credit LLC; Order 
Approving Proposed Rule Change To Provide for the Clearance of Certain 
Asia-Pacific Credit Default Swap Contracts

March 14, 2016.

I. Introduction

    On January 27, 2016, ICE Clear Credit LLC (``ICC'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder,\2\ a proposed rule change (SR-ICC-2016-002) 
to provide the basis for ICC to clear certain Asia-Pacific credit 
default swap (``CDS'') contracts. On January 29, 2016, ICC filed 
Amendment No. 1 to the proposal.\3\ The proposed rule change, as 
amended, was published for comment in the Federal Register on February 
12, 2016.\4\ The Commission did not receive comments on the proposed 
rule change. For the reasons discussed below, the Commission is 
approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, ICC deleted a factual error in the 
originally filed proposal that stated that no changes would be made 
to ICC's Risk Management Framework. Amendment No. 1 amended and 
replaced the original filing in its entirety.
    \4\ Securities Exchange Act Release No. 34-77079 (February 8, 
2016), 81 FR 7613 (February 12, 2016) (SR-ICC-2016-002).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The purpose of the proposed rule change is to adopt new rules that 
will provide the basis for ICC to clear certain Asia-Pacific CDS 
contracts. Specifically, ICC has proposed to amend Chapter 26 of the 
ICC Rulebook (``ICC Rules'') to add Subchapters 26J and 26L to provide 
for the clearance of iTraxx Asia/Pacific CDS contracts (``iTraxx Asia/
Pacific Contracts'') and Standard Asia/Pacific Sovereign CDS contracts 
(``SAS Contracts'', collectively with iTraxx Asia/Pacific Contracts 
``Asia-Pacific CDS Contracts''). The SAS Contracts will reference the 
Commonwealth of Australia, the Malaysian Federation, the People's 
Republic of China, the Republic of Indonesia, the Republic of Korea and 
the Republic of the Philippines.
    Additionally, ICC has proposed to amend the ICC End-of-Day Price 
Discovery Policies and Procedures to add two additional pricing windows 
to accommodate the submission of end-of-day prices relating to such 
Asia-Pacific CDS Contracts. Finally, ICC has proposed to amend the ICC 
Risk Management Framework to include the risk horizon utilized for 
instruments traded during Asia-Pacific hours and to amend the ICC Risk 
Management Model Description document to add Asia-Pacific to the list 
of regions to be considered in General Wrong Way Risk calculations.
    ICC has represented that the iTraxx Asia/Pacific Contracts have 
similar terms to the CDX North American IG/HY/XO CDS contracts (``CDX 
NA Contracts'') currently cleared by ICC and governed by Subchapter 26A 
of the ICC Rules, the CDX Emerging Markets CDS contracts (``CDX EM 
Contracts'') currently cleared by ICC and governed by Subchapter 26C of 
the ICC Rules, and the iTraxx Europe CDS contracts (``iTraxx Europe 
Contracts'') currently cleared by ICC and governed by Subchapter 26F of 
the ICC Rules. ICC asserts that the proposed rules found in Subchapter 
26J largely mirror the ICC Rules for CDX NA Contracts in Subchapter 
26A, CDX EM Contracts in Subchapter 26C, and iTraxx Europe Contracts in 
Subchapter 26F, with certain modifications that reflect differences in 
terms and market conventions between those contracts and iTraxx Asia/
Pacific Contracts. Additionally, iTraxx Asia/Pacific Contracts will be 
denominated in United States Dollars.
    ICC Rule 26J-102 (Definitions) will set forth the definitions used 
for the iTraxx Asia/Pacific Contracts. ICC has represented that the 
definitions are substantially the same as the definitions found in 
Subchapters 26A, 26C, and 26F of the ICC Rules, other than certain 
conforming changes.
    ICC Rules 26J-309 (Acceptance of iTraxx Asia/Pacific Untranched 
Contracts by ICE Clear Credit), 26J-315 (Terms of the Cleared iTraxx 
Asia/Pacific Untranched Contract), 26J-316 (Updating Index Version of 
Fungible Contracts After a Credit Event or a Succession Event; Updating 
Relevant Untranched Standard Terms Supplement), and 26J-317 (Terms of 
iTraxx Asia/Pacific Untranched Contracts) will reflect or incorporate 
the basic contract specifications for iTraxx Asia/Pacific Contracts 
and, according to ICC, are substantially the same as under Subchapters 
26A, 26C, and 26F of the ICC Rules.
    ICC has represented that SAS Contracts have similar terms to the 
Standard North American Corporate

[[Page 14915]]

Single Name CDS contracts (``SNAC Contracts'') currently cleared by ICC 
and governed by Subchapter 26B of the ICC Rules, the Standard Emerging 
Sovereign CDS contracts (``SES Contracts'') currently cleared by ICC 
and governed by Subchapter 26D of the ICC Rules, the Standard European 
Corporate Single Name CDS contracts (``STEC Contracts'') currently 
cleared at ICC and governed by Subchapter 26G of the ICC Rules, the 
Standard European Financial Corporate Single Name CDS Contracts 
(``STEFC Contracts'') currently cleared at ICC and governed by 
Subchapter 26H of the ICC Rules, and the Standard Western European 
Corporate Single Name CDS contracts (``SWES Contracts'') currently 
cleared by ICC and governed by Subchapter 26I of the ICC Rules. ICC 
asserts that the proposed rules found in Subchapter 26L largely mirror 
the ICC Rules for SNAC Contracts in Subchapter 26B, SES Contracts in 
Subchapter 26D, STEC Contracts in Subchapter 26G, STEFC Contracts in 
Subchapter 26H, and SWES Contracts in Subchapter 26I, with certain 
modifications that reflect differences in terms and market conventions 
between those contracts and SAS Contracts. Additionally, SAS Contracts 
will be denominated in United States Dollars.
    ICC Rule 26L-102 (Definitions) will set forth the definitions used 
for the SAS Contracts. ``Eligible SAS Reference Entities'' will be 
defined as ``each particular Reference Entity included in the List of 
Eligible SAS Reference Entities,'' which is a list maintained, updated 
and published from time to time by ICC containing certain specified 
information with respect to each reference entity. ICC is proposing to 
add the Commonwealth of Australia, the Malaysian Federation, the 
People's Republic of China, the Republic of Indonesia, the Republic of 
Korea and the Republic of the Philippines to its List of Eligible SAS 
Reference Entities. If ICC determines to add or remove additional SAS 
Contracts from the List of Eligible SAS Reference Entities, it has 
represented that it will seek approval from the Commission for such 
contracts (or for a class of product including such contracts) by a 
subsequent filing. ICC asserts that the remaining definitions are 
substantially the same as the definitions found in Subchapters 26B, 
26D, 26G, 26H, and 26I of the ICC Rules, other than certain conforming 
changes.
    ICC Rules 26L-203 (Restriction on Activity), 26L-206 (Notices 
Required of Participants with respect to SAS Contracts), 26L-303 (SAS 
Contract Adjustments), 26L-309 (Acceptance of SAS Contracts by ICE 
Clear Credit), 26L-315 (Terms of the Cleared SAS Contract), 26L-316 
(Relevant Physical Settlement Matrix Updates), 26L-502 (Specified 
Actions), and 26L-616 (Contract Modification) will reflect or 
incorporate the basic contract specifications for SAS Contracts and, 
according to ICC, are substantially the same as under Subchapters 26B, 
26D, 26G, 26H, and 26I of the ICC Rules.
    Additionally, ICC has proposed to amend the ICC End-of-Day Price 
Discovery Policies and Procedures to add two additional pricing windows 
to accommodate the submission of end-of-day prices relating to such 
Asia-Pacific CDS Contracts. Specifically, ICC has proposed adding one 
pricing window at the end of the Sydney trading day to determine prices 
for instruments primarily traded in Sydney hours and one pricing window 
at the end of the Singapore trading day to determine prices for 
instruments primarily traded in Singapore/Hong Kong hours. ICC has 
represented that it will apply the same price discovery methodology to 
all submission windows. ICC asserts that for easier comprehension, it 
also consolidated information regarding the timing of all pricing 
windows into a table in an appendix to the policy. Accordingly, ICC has 
proposed replacing references throughout the document to specific 
pricing window times with a reference to this table. ICC has also 
proposed removing a reference to end-of-day risk requirements, as ICC 
asserts that such information is more appropriately included in the 
Risk Management Framework.
    Finally, ICC has proposed amending the ICC Risk Management 
Framework to include the risk horizon utilized for instruments traded 
during Asia-Pacific hours and to amend the ICC Risk Management Model 
Description document to add Asia-Pacific to the list of regions to be 
considered in General Wrong Way Risk calculations.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \5\ directs the Commission to 
approve a proposed rule change of a self-regulatory organization if the 
Commission finds that the proposed rule change is consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to such self-regulatory organization. Section 17A(b)(3)(F) 
of the Act \6\ requires, among other things, that the rules of a 
clearing agency are designed to promote the prompt and accurate 
clearance and settlement of securities transactions and, to the extent 
applicable, derivative agreements, contracts, and transactions, to 
assure the safeguarding of securities and funds which are in the 
custody or control of the clearing agency or for which it is 
responsible and, in general, to protect investors and the public 
interest.
---------------------------------------------------------------------------

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

    The Commission finds that the proposed rule change is consistent 
with the requirements of Section 17A of the Act \7\ and the rules and 
regulations thereunder applicable to ICC. The proposed rule change will 
provide for the clearing of iTraxx Asia/Pacific Contracts and SAS 
Contracts referencing the Commonwealth of Australia, the Malaysian 
Federation, the People's Republic of China, the Republic of Indonesia, 
the Republic of Korea and the Republic of the Philippines. The iTraxx 
Asia/Pacific Contracts and SAS Contracts will be cleared pursuant to 
ICC's existing clearing arrangements and related financial safeguards, 
protections and risk management procedures, as modified by the proposed 
rule change. The Commission therefore finds that the proposed rule 
change is designed to promote the prompt and accurate clearance and 
settlement of securities transactions and, to the extent applicable, 
derivative agreements, contracts, and transactions, and to assure the 
safeguarding of securities and funds which are in the custody or 
control of the clearing agency or for which it is responsible and, in 
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act and in 
particular with the requirements of Section 17A of the Act \8\ and the 
rules and regulations thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\9\ that the proposed rule change (File No. SR-ICC-2016-002) be, 
and hereby is, approved.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition and 
capital formation. 15 U.S.C. 78c(f).


[[Page 14916]]


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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-06089 Filed 3-17-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    14914                             Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices

                                                    Paper Comments                                            SECURITIES AND EXCHANGE                                Discovery Policies and Procedures to
                                                                                                              COMMISSION                                             add two additional pricing windows to
                                                      • Send paper comments in triplicate                                                                            accommodate the submission of end-of-
                                                    to Secretary, Securities and Exchange                     [Release No. 34–77361; File No. SR–ICC–                day prices relating to such Asia-Pacific
                                                    Commission, 100 F Street NE.,                             2016–002]                                              CDS Contracts. Finally, ICC has
                                                    Washington, DC 20549–1090.                                                                                       proposed to amend the ICC Risk
                                                                                                              Self-Regulatory Organizations; ICE
                                                    All submissions should refer to File                                                                             Management Framework to include the
                                                                                                              Clear Credit LLC; Order Approving
                                                                                                                                                                     risk horizon utilized for instruments
                                                    Number SR–NYSEARCA–2016–41. This                          Proposed Rule Change To Provide for
                                                                                                                                                                     traded during Asia-Pacific hours and to
                                                    file number should be included on the                     the Clearance of Certain Asia-Pacific
                                                                                                                                                                     amend the ICC Risk Management Model
                                                    subject line if email is used. To help the                Credit Default Swap Contracts
                                                                                                                                                                     Description document to add Asia-
                                                    Commission process and review your                                                                               Pacific to the list of regions to be
                                                                                                              March 14, 2016.
                                                    comments more efficiently, please use                                                                            considered in General Wrong Way Risk
                                                    only one method. The Commission will                      I. Introduction                                        calculations.
                                                    post all comments on the Commission’s                        On January 27, 2016, ICE Clear Credit                  ICC has represented that the iTraxx
                                                    Internet Web site (http://www.sec.gov/                    LLC (‘‘ICC’’) filed with the Securities                Asia/Pacific Contracts have similar
                                                    rules/sro.shtml). Copies of the                           and Exchange Commission                                terms to the CDX North American IG/
                                                    submission, all subsequent                                (‘‘Commission’’), pursuant to Section                  HY/XO CDS contracts (‘‘CDX NA
                                                    amendments, all written statements                        19(b)(1) of the Securities Exchange Act                Contracts’’) currently cleared by ICC and
                                                    with respect to the proposed rule                         of 1934 (‘‘Act’’) 1 and Rule 19b–4                     governed by Subchapter 26A of the ICC
                                                    change that are filed with the                            thereunder,2 a proposed rule change                    Rules, the CDX Emerging Markets CDS
                                                    Commission, and all written                               (SR–ICC–2016–002) to provide the basis                 contracts (‘‘CDX EM Contracts’’)
                                                    communications relating to the                            for ICC to clear certain Asia-Pacific                  currently cleared by ICC and governed
                                                    proposed rule change between the                          credit default swap (‘‘CDS’’) contracts.               by Subchapter 26C of the ICC Rules, and
                                                    Commission and any person, other than                     On January 29, 2016, ICC filed                         the iTraxx Europe CDS contracts
                                                    those that may be withheld from the                       Amendment No. 1 to the proposal.3 The                  (‘‘iTraxx Europe Contracts’’) currently
                                                                                                              proposed rule change, as amended, was                  cleared by ICC and governed by
                                                    public in accordance with the
                                                                                                              published for comment in the Federal                   Subchapter 26F of the ICC Rules. ICC
                                                    provisions of 5 U.S.C. 552, will be
                                                                                                              Register on February 12, 2016.4 The                    asserts that the proposed rules found in
                                                    available for Web site viewing and                                                                               Subchapter 26J largely mirror the ICC
                                                    printing in the Commission’s Public                       Commission did not receive comments
                                                                                                              on the proposed rule change. For the                   Rules for CDX NA Contracts in
                                                    Reference Room, 100 F Street NE.,                                                                                Subchapter 26A, CDX EM Contracts in
                                                    Washington, DC 20549, on official                         reasons discussed below, the
                                                                                                              Commission is approving the proposed                   Subchapter 26C, and iTraxx Europe
                                                    business days between the hours of                                                                               Contracts in Subchapter 26F, with
                                                                                                              rule change.
                                                    10:00 a.m. and 3:00 p.m. Copies of the                                                                           certain modifications that reflect
                                                    filing also will be available for                         II. Description of the Proposed Rule                   differences in terms and market
                                                    inspection and copying at the principal                   Change                                                 conventions between those contracts
                                                    office of the Exchange. All comments                        The purpose of the proposed rule                     and iTraxx Asia/Pacific Contracts.
                                                    received will be posted without change;                   change is to adopt new rules that will                 Additionally, iTraxx Asia/Pacific
                                                    the Commission does not edit personal                     provide the basis for ICC to clear certain             Contracts will be denominated in
                                                    identifying information from                              Asia-Pacific CDS contracts. Specifically,              United States Dollars.
                                                    submissions. You should submit only                       ICC has proposed to amend Chapter 26                      ICC Rule 26J–102 (Definitions) will
                                                    information that you wish to make                         of the ICC Rulebook (‘‘ICC Rules’’) to                 set forth the definitions used for the
                                                    available publicly. All submissions                       add Subchapters 26J and 26L to provide                 iTraxx Asia/Pacific Contracts. ICC has
                                                    should refer to File Number SR–                           for the clearance of iTraxx Asia/Pacific               represented that the definitions are
                                                    NYSEARCA–2016–41, and should be                           CDS contracts (‘‘iTraxx Asia/Pacific                   substantially the same as the definitions
                                                                                                              Contracts’’) and Standard Asia/Pacific                 found in Subchapters 26A, 26C, and 26F
                                                    submitted on or before April 8, 2016.
                                                                                                              Sovereign CDS contracts (‘‘SAS                         of the ICC Rules, other than certain
                                                      For the Commission, by the Division of                                                                         conforming changes.
                                                                                                              Contracts’’, collectively with iTraxx
                                                    Trading and Markets, pursuant to delegated                                                                          ICC Rules 26J–309 (Acceptance of
                                                                                                              Asia/Pacific Contracts ‘‘Asia-Pacific
                                                    authority.14                                                                                                     iTraxx Asia/Pacific Untranched
                                                                                                              CDS Contracts’’). The SAS Contracts
                                                    Robert W. Errett,                                                                                                Contracts by ICE Clear Credit), 26J–315
                                                                                                              will reference the Commonwealth of
                                                    Deputy Secretary.                                                                                                (Terms of the Cleared iTraxx Asia/
                                                                                                              Australia, the Malaysian Federation, the
                                                                                                                                                                     Pacific Untranched Contract), 26J–316
                                                    [FR Doc. 2016–06097 Filed 3–17–16; 8:45 am]               People’s Republic of China, the
                                                                                                                                                                     (Updating Index Version of Fungible
                                                    BILLING CODE 8011–01–P                                    Republic of Indonesia, the Republic of
                                                                                                                                                                     Contracts After a Credit Event or a
                                                                                                              Korea and the Republic of the
                                                                                                                                                                     Succession Event; Updating Relevant
                                                                                                              Philippines.
                                                                                                                                                                     Untranched Standard Terms
                                                                                                                Additionally, ICC has proposed to
                                                                                                                                                                     Supplement), and 26J–317 (Terms of
                                                                                                              amend the ICC End-of-Day Price
                                                                                                                                                                     iTraxx Asia/Pacific Untranched
                                                                                                                                                                     Contracts) will reflect or incorporate the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                1 15 U.S.C. 78s(b)(1).
                                                                                                                2 17 CFR 240.19b–4.                                  basic contract specifications for iTraxx
                                                                                                                3 In Amendment No. 1, ICC deleted a factual error    Asia/Pacific Contracts and, according to
                                                                                                              in the originally filed proposal that stated that no   ICC, are substantially the same as under
                                                                                                              changes would be made to ICC’s Risk Management         Subchapters 26A, 26C, and 26F of the
                                                                                                              Framework. Amendment No. 1 amended and
                                                                                                              replaced the original filing in its entirety.
                                                                                                                                                                     ICC Rules.
                                                                                                                4 Securities Exchange Act Release No. 34–77079          ICC has represented that SAS
                                                                                                              (February 8, 2016), 81 FR 7613 (February 12, 2016)     Contracts have similar terms to the
                                                      14 17   CFR 200.30–3(a)(12).                            (SR–ICC–2016–002).                                     Standard North American Corporate


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                                                                                    Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices                                                    14915

                                                    Single Name CDS contracts (‘‘SNAC                       Contract), 26L–316 (Relevant Physical                  and, to the extent applicable, derivative
                                                    Contracts’’) currently cleared by ICC and               Settlement Matrix Updates), 26L–502                    agreements, contracts, and transactions,
                                                    governed by Subchapter 26B of the ICC                   (Specified Actions), and 26L–616                       to assure the safeguarding of securities
                                                    Rules, the Standard Emerging Sovereign                  (Contract Modification) will reflect or                and funds which are in the custody or
                                                    CDS contracts (‘‘SES Contracts’’)                       incorporate the basic contract                         control of the clearing agency or for
                                                    currently cleared by ICC and governed                   specifications for SAS Contracts and,                  which it is responsible and, in general,
                                                    by Subchapter 26D of the ICC Rules, the                 according to ICC, are substantially the                to protect investors and the public
                                                    Standard European Corporate Single                      same as under Subchapters 26B, 26D,                    interest.
                                                    Name CDS contracts (‘‘STEC Contracts’’)                 26G, 26H, and 26I of the ICC Rules.
                                                    currently cleared at ICC and governed                     Additionally, ICC has proposed to                       The Commission finds that the
                                                    by Subchapter 26G of the ICC Rules, the                 amend the ICC End-of-Day Price                         proposed rule change is consistent with
                                                    Standard European Financial Corporate                   Discovery Policies and Procedures to                   the requirements of Section 17A of the
                                                    Single Name CDS Contracts (‘‘STEFC                      add two additional pricing windows to                  Act 7 and the rules and regulations
                                                    Contracts’’) currently cleared at ICC and               accommodate the submission of end-of-                  thereunder applicable to ICC. The
                                                    governed by Subchapter 26H of the ICC                   day prices relating to such Asia-Pacific               proposed rule change will provide for
                                                    Rules, and the Standard Western                         CDS Contracts. Specifically, ICC has                   the clearing of iTraxx Asia/Pacific
                                                    European Corporate Single Name CDS                      proposed adding one pricing window at                  Contracts and SAS Contracts referencing
                                                    contracts (‘‘SWES Contracts’’) currently                the end of the Sydney trading day to                   the Commonwealth of Australia, the
                                                    cleared by ICC and governed by                          determine prices for instruments                       Malaysian Federation, the People’s
                                                    Subchapter 26I of the ICC Rules. ICC                    primarily traded in Sydney hours and                   Republic of China, the Republic of
                                                    asserts that the proposed rules found in                one pricing window at the end of the                   Indonesia, the Republic of Korea and
                                                    Subchapter 26L largely mirror the ICC                   Singapore trading day to determine                     the Republic of the Philippines. The
                                                    Rules for SNAC Contracts in Subchapter                  prices for instruments primarily traded                iTraxx Asia/Pacific Contracts and SAS
                                                    26B, SES Contracts in Subchapter 26D,                   in Singapore/Hong Kong hours. ICC has
                                                                                                                                                                   Contracts will be cleared pursuant to
                                                    STEC Contracts in Subchapter 26G,                       represented that it will apply the same
                                                                                                                                                                   ICC’s existing clearing arrangements and
                                                    STEFC Contracts in Subchapter 26H,                      price discovery methodology to all
                                                                                                            submission windows. ICC asserts that                   related financial safeguards, protections
                                                    and SWES Contracts in Subchapter 26I,
                                                                                                            for easier comprehension, it also                      and risk management procedures, as
                                                    with certain modifications that reflect
                                                    differences in terms and market                         consolidated information regarding the                 modified by the proposed rule change.
                                                    conventions between those contracts                     timing of all pricing windows into a                   The Commission therefore finds that the
                                                    and SAS Contracts. Additionally, SAS                    table in an appendix to the policy.                    proposed rule change is designed to
                                                    Contracts will be denominated in                        Accordingly, ICC has proposed                          promote the prompt and accurate
                                                    United States Dollars.                                  replacing references throughout the                    clearance and settlement of securities
                                                       ICC Rule 26L–102 (Definitions) will                  document to specific pricing window                    transactions and, to the extent
                                                    set forth the definitions used for the                  times with a reference to this table. ICC              applicable, derivative agreements,
                                                    SAS Contracts. ‘‘Eligible SAS Reference                 has also proposed removing a reference                 contracts, and transactions, and to
                                                    Entities’’ will be defined as ‘‘each                    to end-of-day risk requirements, as ICC                assure the safeguarding of securities and
                                                    particular Reference Entity included in                 asserts that such information is more                  funds which are in the custody or
                                                    the List of Eligible SAS Reference                      appropriately included in the Risk                     control of the clearing agency or for
                                                    Entities,’’ which is a list maintained,                 Management Framework.                                  which it is responsible and, in general,
                                                    updated and published from time to                        Finally, ICC has proposed amending                   to protect investors and the public
                                                    time by ICC containing certain specified                the ICC Risk Management Framework to                   interest.
                                                    information with respect to each                        include the risk horizon utilized for
                                                    reference entity. ICC is proposing to add               instruments traded during Asia-Pacific                 IV. Conclusion
                                                    the Commonwealth of Australia, the                      hours and to amend the ICC Risk
                                                    Malaysian Federation, the People’s                      Management Model Description                             On the basis of the foregoing, the
                                                    Republic of China, the Republic of                      document to add Asia-Pacific to the list               Commission finds that the proposal is
                                                    Indonesia, the Republic of Korea and                    of regions to be considered in General                 consistent with the requirements of the
                                                    the Republic of the Philippines to its                  Wrong Way Risk calculations.                           Act and in particular with the
                                                    List of Eligible SAS Reference Entities.                                                                       requirements of Section 17A of the Act 8
                                                    If ICC determines to add or remove                      III. Discussion and Commission                         and the rules and regulations
                                                    additional SAS Contracts from the List                  Findings                                               thereunder.
                                                    of Eligible SAS Reference Entities, it has                 Section 19(b)(2)(C) of the Act 5 directs              It is therefore ordered, pursuant to
                                                    represented that it will seek approval                  the Commission to approve a proposed                   Section 19(b)(2) of the Act,9 that the
                                                    from the Commission for such contracts                  rule change of a self-regulatory                       proposed rule change (File No. SR–ICC–
                                                    (or for a class of product including such               organization if the Commission finds
                                                                                                                                                                   2016–002) be, and hereby is,
                                                    contracts) by a subsequent filing. ICC                  that the proposed rule change is
                                                                                                                                                                   approved.10
                                                    asserts that the remaining definitions                  consistent with the requirements of the
                                                    are substantially the same as the                       Act and the rules and regulations
                                                    definitions found in Subchapters 26B,                   thereunder applicable to such self-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    26D, 26G, 26H, and 26I of the ICC Rules,                regulatory organization. Section
                                                    other than certain conforming changes.                  17A(b)(3)(F) of the Act 6 requires, among
                                                       ICC Rules 26L–203 (Restriction on                    other things, that the rules of a clearing               7 15  U.S.C. 78q–1.
                                                    Activity), 26L–206 (Notices Required of                 agency are designed to promote the                       8 15  U.S.C. 78q–1.
                                                    Participants with respect to SAS                        prompt and accurate clearance and                         9 15 U.S.C. 78s(b)(2).
                                                    Contracts), 26L–303 (SAS Contract                       settlement of securities transactions                     10 In approving the proposed rule change, the
                                                    Adjustments), 26L–309 (Acceptance of                                                                           Commission considered the proposal’s impact on
                                                    SAS Contracts by ICE Clear Credit),                       5 15   U.S.C. 78s(b)(2)(C).                          efficiency, competition and capital formation. 15
                                                    26L–315 (Terms of the Cleared SAS                         6 15   U.S.C. 78q–1(b)(3)(F).                        U.S.C. 78c(f).



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                                                    14916                           Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices

                                                      For the Commission, by the Division of                The Exchange has prepared summaries,                  B. Self-Regulatory Organization’s
                                                    Trading and Markets, pursuant to delegated              set forth in sections A, B, and C below,              Statement on Burden on Competition
                                                    authority.11                                            of the most significant parts of such
                                                    Robert W. Errett,                                                                                                In accordance with Section 6(b)(8) of
                                                                                                            statements.
                                                    Deputy Secretary.
                                                                                                                                                                  the Act,8 the Exchange does not believe
                                                                                                            A. Self-Regulatory Organization’s                     that the proposed rule change will
                                                    [FR Doc. 2016–06089 Filed 3–17–16; 8:45 am]
                                                                                                            Statement of the Purpose of, and the                  impose any burden on competition that
                                                    BILLING CODE 8011–01–P
                                                                                                            Statutory Basis for, the Proposed Rule                is not necessary or appropriate in
                                                                                                            Change                                                furtherance of the purposes of the Act.
                                                                                                                                                                  As noted above, the proposed change is
                                                    SECURITIES AND EXCHANGE                                 1. Purpose
                                                                                                                                                                  non-competitive and is designed to
                                                    COMMISSION
                                                                                                               The purpose of this filing is to remove            provide additional clarity and greater
                                                    [Release No. 34–77359; File No. SR–                     reference and information relating to                 transparency regarding the Exchange’s
                                                    NYSEArca–2016–39]                                       Mini Options, as the Exchange no longer               fees.
                                                                                                            lists or trades Mini Options and has no               C. Self-Regulatory Organization’s
                                                    Self-Regulatory Organizations; NYSE
                                                                                                            current plans to do so.                               Statement on Comments on the
                                                    Arca, Inc.; Notice of Filing and
                                                    Immediate Effectiveness of Proposed                        The Exchange added rules relating to               Proposed Rule Change Received From
                                                    Rule Change Amending the NYSE Arca                      the listing of Mini Options (options                  Members, Participants, or Others
                                                    Options Fee Schedule                                    overlying 10 shares of stock) in 2012 4
                                                                                                            and later changed its Fee Schedule to                   No written comments were solicited
                                                    March 14, 2016.                                         address the treatment of Mini Options,                or received with respect to the proposed
                                                       Pursuant to Section 19(b)(1) 1 of the                including establishing transactions fees              rule change.
                                                    Securities Exchange Act of 1934 (the                    for these products.5 However, the                     III. Date of Effectiveness of the
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  Exchange no longer lists or trades Mini               Proposed Rule Change and Timing for
                                                    notice is hereby given that, on March 8,                Option series, and has no current plans               Commission Action
                                                    2016, NYSE Arca, Inc. (the ‘‘Exchange’’                 to do so.
                                                    or ‘‘NYSE Arca’’) filed with the                                                                                 The foregoing rule change is effective
                                                                                                               Thus, the Exchange proposes to strip
                                                    Securities and Exchange Commission                                                                            upon filing pursuant to Section
                                                                                                            references, and charges related to, Mini
                                                    (the ‘‘Commission’’) the proposed rule                                                                        19(b)(3)(A) 9 of the Act and
                                                                                                            Options from the Fee Schedule.
                                                    change as described in Items I, II, and                                                                       subparagraph (f)(2) of Rule 19b–4 10
                                                    III below, which Items have been                        2. Statutory Basis                                    thereunder, because it establishes a due,
                                                    prepared by the self-regulatory                                                                               fee, or other charge imposed by the
                                                                                                               The Exchange believes that the
                                                    organization. The Commission is                                                                               Exchange.
                                                                                                            proposed rule change is consistent with
                                                    publishing this notice to solicit                                                                                At any time within 60 days of the
                                                                                                            Section 6(b) of the Act,6 in general, and
                                                    comments on the proposed rule change                                                                          filing of such proposed rule change, the
                                                                                                            furthers the objectives of Sections
                                                    from interested persons.                                                                                      Commission summarily may
                                                                                                            6(b)(4) and (5) of the Act,7 in particular,
                                                                                                                                                                  temporarily suspend such rule change if
                                                    I. Self-Regulatory Organization’s                       because it provides for the equitable
                                                                                                                                                                  it appears to the Commission that such
                                                    Statement of the Terms of Substance of                  allocation of reasonable dues, fees, and
                                                                                                                                                                  action is necessary or appropriate in the
                                                    the Proposed Rule Change                                other charges among its members,
                                                                                                                                                                  public interest, for the protection of
                                                                                                            issuers and other persons using its
                                                      The Exchange proposes to amend the                                                                          investors, or otherwise in furtherance of
                                                                                                            facilities and does not unfairly
                                                    NYSE Arca Options Fee Schedule (‘‘Fee                                                                         the purposes of the Act. If the
                                                                                                            discriminate between customers,
                                                    Schedule’’) to remove reference and                                                                           Commission takes such action, the
                                                                                                            issuers, brokers or dealers.
                                                    information relating to Mini Options.                                                                         Commission shall institute proceedings
                                                                                                               The Exchange believes the proposed                 under Section 19(b)(2)(B) 11 of the Act to
                                                    The Exchange proposes to implement                      change is reasonable, equitable, and not
                                                    the fee change effective March 8, 2016.                                                                       determine whether the proposed rule
                                                                                                            unfairly discriminatory, as the Exchange              change should be approved or
                                                    The proposed rule change is available                   no longer lists or trades Mini-option
                                                    on the Exchange’s Web site at                                                                                 disapproved.
                                                                                                            series and has no intention to do so at
                                                    www.nyse.com, at the principal office of                this time. Thus, removing outmoded                    IV. Solicitation of Comments
                                                    the Exchange, and at the Commission’s                   references on the Fee Schedule would
                                                    Public Reference Room.                                                                                          Interested persons are invited to
                                                                                                            alleviate potential investor confusion                submit written data, views, and
                                                    II. Self-Regulatory Organization’s                      and improve the clarity and                           arguments concerning the foregoing,
                                                    Statement of the Purpose of, and                        transparency of the Fee Schedule. The                 including whether the proposed rule
                                                    Statutory Basis for, the Proposed Rule                  proposed change is also reasonable,                   change is consistent with the Act.
                                                    Change                                                  equitable and not unfairly                            Comments may be submitted by any of
                                                                                                            discriminatory as it applies to all market            the following methods:
                                                      In its filing with the Commission, the
                                                                                                            participants.
                                                    self-regulatory organization included                                                                         Electronic Comments
                                                    statements concerning the purpose of,                      For these reasons, the Exchange
                                                    and basis for, the proposed rule change                 believes that the proposal is consistent                • Use the Commission’s Internet
                                                                                                            with the Act.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    and discussed any comments it received                                                                        comment form (http://www.sec.gov/
                                                    on the proposed rule change. The text                                                                         rules/sro.shtml); or
                                                    of those statements may be examined at                    4 See Securities Exchange Act Release No. 67948
                                                                                                                                                                    • Send an email to rule-
                                                                                                            (September 28, 2012), 77 FR 60735 (October 4,         comments@sec.gov. Please include File
                                                    the places specified in Item IV below.                  2012) (SR–NYSEArca–2012–64; SR–ISE–2012–58).
                                                                                                              5 See Securities Exchange Act Release No. 69246
                                                      11 17 CFR 200.30–3(a)(12).                                                                                    8 15 U.S.C. 78f(b)(8).
                                                                                                            (March 27, 2013), 78 FR 19784 (April 2, 2013) (SR–
                                                      1 15 U.S.C. 78s(b)(1).                                NYSEArca–2013–25).                                      9 15 U.S.C. 78s(b)(3)(A).
                                                      2 15 U.S.C. 78a.                                        6 15 U.S.C. 78f(b).                                   10 17 CFR 240.19b–4(f)(2).
                                                      3 17 CFR 240.19b–4.                                     7 15 U.S.C. 78f(b)(4) and (5).                        11 15 U.S.C. 78s(b)(2)(B).




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Document Created: 2018-02-02 15:13:35
Document Modified: 2018-02-02 15:13:35
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 Citation81 FR 14914 

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