81_FR_37089 81 FR 36979 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Amendment No. 1 and Order Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Update and Formalize the ICC Stress Testing Framework

81 FR 36979 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Amendment No. 1 and Order Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Update and Formalize the ICC Stress Testing Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range36979-36981
FR Document2016-13477

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36979-36981]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13477]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77982; File No. SR-ICC-2016-005]


Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of 
Filing of Amendment No. 1 and Order Approving Proposed Rule Change, as 
Modified by Amendment No. 1 Thereto, To Update and Formalize the ICC 
Stress Testing Framework

June 2, 2016.

I. Introduction

    On March 31, 2016, ICE Clear Credit LLC (``ICC'' or ``ICE Clear 
Credit'') 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 to update and formalize ICC's stress testing 
framework. On April 20, 2016 ICC filed Amendment No. 1 to the 
proposal.\3\ The proposed rule change was published for comment in the 
Federal Register on April 21, 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, as modified by 
Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ ICE Clear Credit filed Amendment No. 1 to further revise the 
Stress Testing Framework to incorporate language regarding the 
treatment of unrated reference entities for the purposes of applying 
the stress scenarios. Under Amendment No. 1, ICC has clarified that 
unrated reference entities are treated as non-investment grade 
entities with respect to the application of stress scenarios. 
Amendment No. 1 is not subject to comment because it is a technical, 
clarifying amendment that does not alter the substance of the 
proposed rule change or raise any novel regulatory issues.
    \4\ Securities Exchange Act Release No. 34-77633 (April 15, 
2016), 81 FR 23531 (April 21, 2016) (SR-ICC-2016-005).
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II. Description of the Proposed Rule Change

    The principal purpose of the proposed rule change is to update and 
formalize ICC's Stress Testing Framework, which sets forth the stress 
testing practices instituted by ICC. The framework, according to ICC, 
is designed to: Articulate the types of stress tests executed and the 
main purpose of each type of test; describe how stress tests are 
conducted; define the actual test scenarios currently executed; outline 
the range of remedial actions available (which, depending on the 
results, may include enhancements to the risk methodology or certain 
Clearing Participant (``CP'') specific action); and explain how stress 
test results are used in the governance process.
    ICC states that the stress testing framework helps ICC identify 
potential weaknesses in the risk management methodology currently used 
and, as a result, allows ICC to identify potential model enhancements 
to the Initial Margin and Guaranty Fund models, as well as identify the 
need to exercise short term remedies based upon specific CP positions 
and risk of exposure prior to introduction of model enhancements.
    ICC represents that during the execution of stress testing, the ICC 
Risk Department (``Risk Department'') applies the standard set of pre-
defined Stress Test Scenarios against actual portfolios, sample 
portfolios derived from currently cleared positions, and expected 
future portfolios, as appropriate, to generate hypothetical profits or 
losses. According to ICC, the Risk Department compares the hypothetical 
losses to the available funds from the Initial Margin requirements and 
Guaranty Fund contribution related to the selected portfolios. A 
scenario deficiency is identified in the event that the hypothetical 
loss exceeds the protection provided by the available collateral assets 
and mutualization funds. ICC states that, depending on the plausibility 
of the stress scenarios and the frequency and severity of any resulting 
deficiencies, the Risk Department may recommend enhancements to the 
risk methodology.
    ICC represents that it utilizes certain predefined scenarios for 
its stress testing, which fall into three standard categories: (i) 
Historically observed extreme but plausible market scenarios; (ii) 
historically observed and hypothetically constructed (forward looking) 
extreme but plausible market scenarios with a baseline credit event; 
and (iii) extreme model response tests (collectively, ``Stress Test 
Scenarios''). ICC states that discordant scenarios (i.e., scenarios 
under which selected risk factors move in opposite directions; commonly 
the behavior deviates from historically observed behavior) are applied 
to certain instruments to account for discordant price moves.
    ICC asserts that it applies the Stress Test Scenarios to a variety 
of portfolios. Specifically, ICC applies the Stress Test Scenarios to 
all currently cleared portfolios. ICC states that its Risk Department 
may also apply the Stress Test Scenarios to sample portfolios obtained 
from currently cleared portfolios and may also apply the Stress Test 
Scenarios to staff-constructed, expected future portfolios, as ICC's 
Risk

[[Page 36980]]

Department deems appropriate, to mimic expected future portfolios upon 
the launch of new services. In this case, ICC states that the stress 
test analysis is presented to and reviewed by ICC's Risk Committee 
prior to the launch of the new clearing services. ICC represents that 
it may design specific portfolio sets to test the validity of certain 
model/system assumptions. According to ICC, the stress test results 
from such expected future portfolio executions are reviewed and 
analyzed internally, and may be used to support future model 
initiatives.
    ICC states that it also designs stress test analysis directed 
toward the identification of wrong-way risk in cleared portfolios. For 
every cleared portfolio, ICC asserts that all positions in index risk 
factors and single name risk factors that exhibit high degree of 
association with the considered CP are used to create a sub-portfolio 
which will be subjected to additional stress test analysis. The 
constructed sub-portfolio is subjected to the same Stress Test 
Scenarios utilized by ICC.
    The framework also describes ICC's reverse stress testing (Guaranty 
Fund Adequacy Analysis) practices. According to ICC, the purpose of the 
adequacy analysis is to provide estimates for the level of protection 
achieved by the clearinghouse via its Initial Margin and Guaranty Fund 
models. In performing its analysis, ICC represents that it considers a 
combination of adverse price realizations and idiosyncratic credit 
events associated with reference obligations on which the stress tested 
CP sold protection. ICC's Stress Testing Framework also describes the 
correlation sensitivity analysis performed by ICC, based on Monte Carlo 
simulations, as well as the additional recovery rate sensitivity 
analysis.
    ICC's framework also details how stress testing is utilized in 
ICC's governance process. ICC states that it maintains a framework to 
ensure that ICC's Risk Committee and Board are provided with 
transparency into the Risk Department's stress test results and 
contemplated methodology changes. According to ICC, stress testing 
results are reviewed, at a minimum, by ICC's Risk Department weekly. 
Additionally, ICC states that stress testing results are provided to 
ICC's Risk Committee weekly and a report of such results is presented 
to the Risk Committee on a monthly basis. Ad hoc reviews of the stress 
testing results may be undertaken at the discretion of ICC's Chief Risk 
Officer.
    In the event of any deficiencies noted upon stress testing, ICC 
represents that its Risk Department must report such deficiencies to 
ICC senior management and the Risk Committee, and either (a) provide 
analysis that the results do not highlight a significant weakness in 
the stress testing or risk methodology; or (b) recommend enhancements 
to the stress testing or risk methodology. ICC states that ICC senior 
management and the Risk Committee will review and recommend any stress 
testing or risk methodology enhancements to the ICC Board, which is 
responsible for approval. ICC states that the Risk Department may also 
choose to add new scenarios and portfolios in response to deficiencies 
noted upon stress testing; in this case, the Risk Department will 
discuss with the Risk Committee, which will recommend to the Board, 
which is responsible for approval.
    ICC asserts that the Risk Department maintains a standard set of 
Stress Scenarios and portfolios (namely actual portfolios, sample 
portfolios derived from currently cleared portfolios, and expected 
future portfolios) that are executed on a regular basis. In the event 
that a scenario or portfolio in the standard set is no longer 
applicable, or has been superseded by new scenarios or portfolios, ICC 
claims that the Risk Department may wish to retire or modify the 
outdated scenario or portfolio, in which case, the Risk Department 
will, with ICC senior management: Conduct analysis to support a 
recommendation; discuss the analysis and obtain a recommendation from 
the Risk Committee; and present the final analysis to the Board for 
approval. ICC states that, in the interest of prudent risk management, 
the Risk Department may wish to add scenarios and/or portfolios to the 
standard set and that Risk Committee or Board approval is not required 
unless such scenarios and/or portfolios are added in response to stress 
testing deficiencies, as described above.
    Previous versions of ICC's framework included the Risk Working 
Group in the governance structure, as ICC consulted with the Risk 
Working Group as it worked to develop its initial stress testing 
approach and appropriate scenarios. ICC states that, as it now has a 
fully developed approach, stress testing remains focused on data 
analysis and reporting results, which ICC claims are addressed at the 
Risk Committee and Board level. Thus, to reflect current governance 
practices, references to the Risk Working Group have been removed from 
its framework.

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 be 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. In addition, Rule 17Ad-22(b)(3),\7\ requires registered 
clearing agencies to maintain, at a minimum, sufficient financial 
resources to withstand a default by the participant family to which it 
has the largest exposure in extreme but plausible market conditions, 
and for registered clearing agencies acting as a central counterparty 
for security-based swaps, to maintain additional financial resources 
sufficient to withstand, at a minimum, a default by the two participant 
families to which it has the largest exposures in extreme but plausible 
market conditions.
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    \5\ 15 U.S.C. 78s(b)(2)(C).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ 17 CFR 240.17Ad-22(b)(3).
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent 
with the requirements of Section 17A of the Act \8\ and the rules and 
regulations thereunder applicable to ICC.
---------------------------------------------------------------------------

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

    ICC's Stress Testing Framework establishes ICC's stress testing 
practices. These stress testing practices are designed, among other 
things, to ensure the adequacy of ICC's financial resources under 
applicable legal requirements, and set forth the methodology by which 
ICC evaluates potential portfolio profits and losses, compared to the 
Initial Margin and Guaranty Fund funds maintained, in order to identify 
any potential weakness in ICC's risk methodology. Such financial 
resources will facilitate ICC's continued operations in the event of a 
participant default. As such, the Commission believes that the proposed 
rule changes are designed to promote the prompt and accurate clearance 
and settlement of securities transactions,

[[Page 36981]]

derivatives agreements, contracts, and transactions within the meaning 
of Section 17A(b)(3)(F) \9\ of the Act.
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    \9\ Id.
---------------------------------------------------------------------------

    The Commission also believes that the proposed changes will satisfy 
the applicable requirements of Rule 17Ad-22.\10\ In particular, the 
Stress Testing Framework contains stress testing practices designed to 
ensure that ICE Clear Credit maintains sufficient financial resources 
to withstand a default by the participant family to which it has the 
largest exposure in extreme but plausible market conditions, and that 
as a registered clearing agency acting as a central counterparty for 
security-based swaps, ICC maintains additional financial resources 
sufficient to withstand, at a minimum, a default by the two participant 
families to which it has the largest exposures in extreme but plausible 
market conditions, consistent with the requirements of Rule 17Ad-
22(b)(3).\11\
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    \10\ 17 CFR 240.17Ad-22.
    \11\ 17 CFR 240.17Ad-22(b)(3).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act and in 
particular with the requirements of Section 17A of the Act \12\ and the 
rules and regulations thereunder.
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    \12\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\13\ that the proposed rule change (File No. SR-ICC-2016-005) as 
modified by Amendment No. 1, be, and hereby is, approved.\14\
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    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-13477 Filed 6-7-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices                                              36979

                                                  plans to submit this existing collection                SECURITIES AND EXCHANGE                                 action); and explain how stress test
                                                  of information to the Office of                         COMMISSION                                              results are used in the governance
                                                  Management and Budget for extension                                                                             process.
                                                                                                          [Release No. 34–77982; File No. SR–ICC–                    ICC states that the stress testing
                                                  and approval.                                           2016–005]
                                                                                                                                                                  framework helps ICC identify potential
                                                     Rule 477 (17 CFR 230.477) under the                                                                          weaknesses in the risk management
                                                  Securities Act of 1933 (15 U.S.C. 77a et                Self-Regulatory Organizations; ICE
                                                                                                          Clear Credit LLC; Notice of Filing of                   methodology currently used and, as a
                                                  seq.) sets forth procedures for                                                                                 result, allows ICC to identify potential
                                                  withdrawing a registration statement,                   Amendment No. 1 and Order
                                                                                                          Approving Proposed Rule Change, as                      model enhancements to the Initial
                                                  including any amendments or exhibits                                                                            Margin and Guaranty Fund models, as
                                                                                                          Modified by Amendment No. 1 Thereto,
                                                  to the registration statement. The rule                                                                         well as identify the need to exercise
                                                                                                          To Update and Formalize the ICC
                                                  provides that if an issuer intends to rely                                                                      short term remedies based upon specific
                                                                                                          Stress Testing Framework
                                                  on the safe harbor contained in                                                                                 CP positions and risk of exposure prior
                                                  Securities Act Rule 155 to conduct an                   June 2, 2016.                                           to introduction of model enhancements.
                                                  unregistered private offering of                                                                                   ICC represents that during the
                                                                                                          I. Introduction
                                                  securities, the issuer must affirmatively                                                                       execution of stress testing, the ICC Risk
                                                  state in the withdrawal application that                   On March 31, 2016, ICE Clear Credit                  Department (‘‘Risk Department’’)
                                                  it plans to undertake a subsequent                      LLC (‘‘ICC’’ or ‘‘ICE Clear Credit’’) filed             applies the standard set of pre-defined
                                                                                                          with the Securities and Exchange                        Stress Test Scenarios against actual
                                                  private offering of its securities. Without
                                                                                                          Commission (‘‘Commission’’), pursuant                   portfolios, sample portfolios derived
                                                  this statement, the Commission would
                                                                                                          to Section 19(b)(1) of the Securities                   from currently cleared positions, and
                                                  not be able to monitor a company’s                      Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                  reliance on, and compliance with,                                                                               expected future portfolios, as
                                                                                                          19b–4 thereunder,2 a proposed rule                      appropriate, to generate hypothetical
                                                  Securities Act Rule 155(c). We estimate                 change to update and formalize ICC’s                    profits or losses. According to ICC, the
                                                  that approximately 327 issuers will file                stress testing framework. On April 20,                  Risk Department compares the
                                                  Securities Act Rule 477 submissions                     2016 ICC filed Amendment No. 1 to the                   hypothetical losses to the available
                                                  annually at an estimated one hour per                   proposal.3 The proposed rule change                     funds from the Initial Margin
                                                  response for a total annual burden of                   was published for comment in the                        requirements and Guaranty Fund
                                                  approximately 327 hours.                                Federal Register on April 21, 2016.4                    contribution related to the selected
                                                     Written comments are invited on: (a)                 The Commission did not receive                          portfolios. A scenario deficiency is
                                                  Whether this proposed collection of                     comments on the proposed rule change.                   identified in the event that the
                                                  information is necessary for the proper                 For the reasons discussed below, the                    hypothetical loss exceeds the protection
                                                  performance of the functions of the                     Commission is approving the proposed                    provided by the available collateral
                                                  agency, including whether the                           rule change, as modified by Amendment                   assets and mutualization funds. ICC
                                                                                                          No. 1.                                                  states that, depending on the
                                                  information will have practical utility;
                                                  (b) the accuracy of the agency’s estimate               II. Description of the Proposed Rule                    plausibility of the stress scenarios and
                                                  of the burden imposed by the collection                 Change                                                  the frequency and severity of any
                                                                                                                                                                  resulting deficiencies, the Risk
                                                  of information; (c) ways to enhance the                    The principal purpose of the                         Department may recommend
                                                  quality, utility, and clarity of the                    proposed rule change is to update and                   enhancements to the risk methodology.
                                                  information collected; and (d) ways to                  formalize ICC’s Stress Testing                             ICC represents that it utilizes certain
                                                  minimize the burden of the collection of                Framework, which sets forth the stress                  predefined scenarios for its stress
                                                  information on respondents, including                   testing practices instituted by ICC. The                testing, which fall into three standard
                                                  through the use of automated collection                 framework, according to ICC, is                         categories: (i) Historically observed
                                                  techniques or other forms of information                designed to: Articulate the types of                    extreme but plausible market scenarios;
                                                  technology. Consideration will be given                 stress tests executed and the main                      (ii) historically observed and
                                                  to comments and suggestions submitted                   purpose of each type of test; describe                  hypothetically constructed (forward
                                                  in writing within 60 days of this                       how stress tests are conducted; define                  looking) extreme but plausible market
                                                  publication.                                            the actual test scenarios currently                     scenarios with a baseline credit event;
                                                                                                          executed; outline the range of remedial                 and (iii) extreme model response tests
                                                     An agency may not conduct or
                                                                                                          actions available (which, depending on                  (collectively, ‘‘Stress Test Scenarios’’).
                                                  sponsor, and a person is not required to                the results, may include enhancements                   ICC states that discordant scenarios (i.e.,
                                                  respond to, a collection of information                 to the risk methodology or certain                      scenarios under which selected risk
                                                  unless it displays a currently valid                    Clearing Participant (‘‘CP’’) specific                  factors move in opposite directions;
                                                  control number.                                                                                                 commonly the behavior deviates from
                                                     Please direct your written comments                    1 15 U.S.C. 78s(b)(1).                                historically observed behavior) are
                                                                                                            2 17 CFR 240.19b–4.
                                                  to Pamela Dyson, Director/Chief                                                                                 applied to certain instruments to
                                                                                                            3 ICE Clear Credit filed Amendment No. 1 to
                                                  Information Officer, Securities and                     further revise the Stress Testing Framework to
                                                                                                                                                                  account for discordant price moves.
                                                  Exchange Commission, c/o Remi Pavlik-                   incorporate language regarding the treatment of            ICC asserts that it applies the Stress
                                                  Simon, 100 F Street NE., Washington,                    unrated reference entities for the purposes of          Test Scenarios to a variety of portfolios.
                                                  DC 20549 or send an email to: PRA_                      applying the stress scenarios. Under Amendment          Specifically, ICC applies the Stress Test
                                                                                                          No. 1, ICC has clarified that unrated reference         Scenarios to all currently cleared
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Mailbox@sec.gov.                                        entities are treated as non-investment grade entities
                                                                                                          with respect to the application of stress scenarios.    portfolios. ICC states that its Risk
                                                    Dated: June 2, 2016.
                                                                                                          Amendment No. 1 is not subject to comment               Department may also apply the Stress
                                                  Brent J. Fields,                                        because it is a technical, clarifying amendment that    Test Scenarios to sample portfolios
                                                  Secretary.                                              does not alter the substance of the proposed rule       obtained from currently cleared
                                                                                                          change or raise any novel regulatory issues.
                                                  [FR Doc. 2016–13466 Filed 6–7–16; 8:45 am]                4 Securities Exchange Act Release No. 34–77633        portfolios and may also apply the Stress
                                                  BILLING CODE 8011–01–P                                  (April 15, 2016), 81 FR 23531 (April 21, 2016) (SR–     Test Scenarios to staff-constructed,
                                                                                                          ICC–2016–005).                                          expected future portfolios, as ICC’s Risk


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                                                  36980                         Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices

                                                  Department deems appropriate, to                        its Risk Department must report such                   III. Discussion and Commission
                                                  mimic expected future portfolios upon                   deficiencies to ICC senior management                  Findings
                                                  the launch of new services. In this case,               and the Risk Committee, and either (a)                    Section 19(b)(2)(C) of the Act 5 directs
                                                  ICC states that the stress test analysis is             provide analysis that the results do not               the Commission to approve a proposed
                                                  presented to and reviewed by ICC’s Risk                 highlight a significant weakness in the                rule change of a self-regulatory
                                                  Committee prior to the launch of the                    stress testing or risk methodology; or (b)             organization if the Commission finds
                                                  new clearing services. ICC represents                   recommend enhancements to the stress                   that the proposed rule change is
                                                  that it may design specific portfolio sets              testing or risk methodology. ICC states                consistent with the requirements of the
                                                  to test the validity of certain model/                  that ICC senior management and the                     Act and the rules and regulations
                                                  system assumptions. According to ICC,                                                                          thereunder applicable to such self-
                                                                                                          Risk Committee will review and
                                                  the stress test results from such                                                                              regulatory organization. Section
                                                                                                          recommend any stress testing or risk
                                                  expected future portfolio executions are                                                                       17A(b)(3)(F) of the Act 6 requires, among
                                                  reviewed and analyzed internally, and                   methodology enhancements to the ICC
                                                                                                          Board, which is responsible for                        other things, that the rules of a clearing
                                                  may be used to support future model                                                                            agency be designed to promote the
                                                  initiatives.                                            approval. ICC states that the Risk
                                                                                                          Department may also choose to add new                  prompt and accurate clearance and
                                                     ICC states that it also designs stress                                                                      settlement of securities transactions,
                                                  test analysis directed toward the                       scenarios and portfolios in response to
                                                                                                                                                                 and to the extent applicable, derivative
                                                  identification of wrong-way risk in                     deficiencies noted upon stress testing;
                                                                                                                                                                 agreements, contracts and transactions,
                                                  cleared portfolios. For every cleared                   in this case, the Risk Department will
                                                                                                                                                                 to assure the safeguarding of securities
                                                  portfolio, ICC asserts that all positions               discuss with the Risk Committee, which                 and funds which are in the custody or
                                                  in index risk factors and single name                   will recommend to the Board, which is                  control of the clearing agency or for
                                                  risk factors that exhibit high degree of                responsible for approval.                              which it is responsible and, in general,
                                                  association with the considered CP are                     ICC asserts that the Risk Department                to protect investors and the public
                                                  used to create a sub-portfolio which will                                                                      interest. In addition, Rule 17Ad–
                                                                                                          maintains a standard set of Stress
                                                  be subjected to additional stress test                                                                         22(b)(3),7 requires registered clearing
                                                                                                          Scenarios and portfolios (namely actual
                                                  analysis. The constructed sub-portfolio                                                                        agencies to maintain, at a minimum,
                                                  is subjected to the same Stress Test                    portfolios, sample portfolios derived
                                                                                                          from currently cleared portfolios, and                 sufficient financial resources to
                                                  Scenarios utilized by ICC.                                                                                     withstand a default by the participant
                                                     The framework also describes ICC’s                   expected future portfolios) that are
                                                                                                          executed on a regular basis. In the event              family to which it has the largest
                                                  reverse stress testing (Guaranty Fund
                                                                                                          that a scenario or portfolio in the                    exposure in extreme but plausible
                                                  Adequacy Analysis) practices.
                                                                                                          standard set is no longer applicable, or               market conditions, and for registered
                                                  According to ICC, the purpose of the
                                                                                                                                                                 clearing agencies acting as a central
                                                  adequacy analysis is to provide                         has been superseded by new scenarios
                                                                                                                                                                 counterparty for security-based swaps,
                                                  estimates for the level of protection                   or portfolios, ICC claims that the Risk
                                                                                                                                                                 to maintain additional financial
                                                  achieved by the clearinghouse via its                   Department may wish to retire or                       resources sufficient to withstand, at a
                                                  Initial Margin and Guaranty Fund                        modify the outdated scenario or                        minimum, a default by the two
                                                  models. In performing its analysis, ICC                 portfolio, in which case, the Risk                     participant families to which it has the
                                                  represents that it considers a                          Department will, with ICC senior                       largest exposures in extreme but
                                                  combination of adverse price                            management: Conduct analysis to                        plausible market conditions.
                                                  realizations and idiosyncratic credit                   support a recommendation; discuss the                     The Commission finds that the
                                                  events associated with reference                        analysis and obtain a recommendation                   proposed rule change is consistent with
                                                  obligations on which the stress tested                  from the Risk Committee; and present                   the requirements of Section 17A of the
                                                  CP sold protection. ICC’s Stress Testing                the final analysis to the Board for                    Act 8 and the rules and regulations
                                                  Framework also describes the                                                                                   thereunder applicable to ICC.
                                                                                                          approval. ICC states that, in the interest
                                                  correlation sensitivity analysis                                                                                  ICC’s Stress Testing Framework
                                                                                                          of prudent risk management, the Risk
                                                  performed by ICC, based on Monte Carlo                                                                         establishes ICC’s stress testing practices.
                                                  simulations, as well as the additional                  Department may wish to add scenarios
                                                                                                          and/or portfolios to the standard set and              These stress testing practices are
                                                  recovery rate sensitivity analysis.                                                                            designed, among other things, to ensure
                                                     ICC’s framework also details how                     that Risk Committee or Board approval
                                                                                                          is not required unless such scenarios                  the adequacy of ICC’s financial
                                                  stress testing is utilized in ICC’s                                                                            resources under applicable legal
                                                  governance process. ICC states that it                  and/or portfolios are added in response
                                                                                                                                                                 requirements, and set forth the
                                                  maintains a framework to ensure that                    to stress testing deficiencies, as
                                                                                                                                                                 methodology by which ICC evaluates
                                                  ICC’s Risk Committee and Board are                      described above.                                       potential portfolio profits and losses,
                                                  provided with transparency into the                        Previous versions of ICC’s framework                compared to the Initial Margin and
                                                  Risk Department’s stress test results and               included the Risk Working Group in the                 Guaranty Fund funds maintained, in
                                                  contemplated methodology changes.                       governance structure, as ICC consulted                 order to identify any potential weakness
                                                  According to ICC, stress testing results                with the Risk Working Group as it                      in ICC’s risk methodology. Such
                                                  are reviewed, at a minimum, by ICC’s                    worked to develop its initial stress                   financial resources will facilitate ICC’s
                                                  Risk Department weekly. Additionally,                   testing approach and appropriate                       continued operations in the event of a
                                                  ICC states that stress testing results are                                                                     participant default. As such, the
                                                                                                          scenarios. ICC states that, as it now has
                                                  provided to ICC’s Risk Committee                                                                               Commission believes that the proposed
                                                                                                          a fully developed approach, stress
                                                  weekly and a report of such results is
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          testing remains focused on data analysis               rule changes are designed to promote
                                                  presented to the Risk Committee on a                                                                           the prompt and accurate clearance and
                                                  monthly basis. Ad hoc reviews of the                    and reporting results, which ICC claims
                                                                                                          are addressed at the Risk Committee and                settlement of securities transactions,
                                                  stress testing results may be undertaken
                                                  at the discretion of ICC’s Chief Risk                   Board level. Thus, to reflect current                   5 15 U.S.C. 78s(b)(2)(C).
                                                  Officer.                                                governance practices, references to the                 6 15 U.S.C. 78q–1(b)(3)(F).
                                                     In the event of any deficiencies noted               Risk Working Group have been removed                    7 17 CFR 240.17Ad–22(b)(3).

                                                  upon stress testing, ICC represents that                from its framework.                                     8 15 U.S.C. 78q–1.




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                                                                                Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices                                                  36981

                                                  derivatives agreements, contracts, and                  SECURITIES AND EXCHANGE                                proposed rule change so that it has
                                                  transactions within the meaning of                      COMMISSION                                             sufficient time to consider the proposed
                                                  Section 17A(b)(3)(F) 9 of the Act.                                                                             rule change. Accordingly, the
                                                                                                          [Release No. 34–77976; File No. SR–NYSE–
                                                     The Commission also believes that the                2016–11]
                                                                                                                                                                 Commission, pursuant to Section
                                                                                                                                                                 19(b)(2) of the Act,7 designates July 21,
                                                  proposed changes will satisfy the
                                                                                                          Self-Regulatory Organizations; New                     2016, as the date by which the
                                                  applicable requirements of Rule 17Ad–
                                                                                                          York Stock Exchange LLC; Notice of                     Commission should approve,
                                                  22.10 In particular, the Stress Testing                                                                        disapprove, or institute proceedings to
                                                  Framework contains stress testing                       Designation of Longer Period for
                                                                                                          Commission Action on a Proposed                        determine whether to disapprove the
                                                  practices designed to ensure that ICE                                                                          proposed rule change (File No. SR–
                                                                                                          Rule Change, as Modified by
                                                  Clear Credit maintains sufficient                                                                              NYSE–2016–11), as modified by
                                                                                                          Amendment No. 1, To Establish
                                                  financial resources to withstand a                                                                             Amendment No. 1.
                                                                                                          Certain End User Fees, Amend the
                                                  default by the participant family to                    Definition of Affiliate, and Amend the                   For the Commission, by the Division of
                                                  which it has the largest exposure in                    Co-Location Section of the Price List                  Trading and Markets, pursuant to delegated
                                                  extreme but plausible market                            To Reflect the Changes                                 authority.8
                                                  conditions, and that as a registered                                                                           Brent J. Fields,
                                                  clearing agency acting as a central                     June 2, 2016.
                                                                                                                                                                 Secretary.
                                                  counterparty for security-based swaps,                     On April 4, 2016, New York Stock
                                                                                                                                                                 [FR Doc. 2016–13474 Filed 6–7–16; 8:45 am]
                                                  ICC maintains additional financial                      Exchange LLC (‘‘NYSE’’ or the
                                                                                                                                                                 BILLING CODE 8011–01–P
                                                  resources sufficient to withstand, at a                 ‘‘Exchange’’) filed with the Securities
                                                  minimum, a default by the two                           and Exchange Commission
                                                  participant families to which it has the                (‘‘Commission’’), pursuant to Section
                                                                                                                                                                 SECURITIES AND EXCHANGE
                                                                                                          19(b)(1) of the Securities Exchange Act
                                                  largest exposures in extreme but                                                                               COMMISSION
                                                                                                          of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  plausible market conditions, consistent
                                                                                                          thereunder,2 a proposed rule change to                 [Release No. 34–77974; File No. SR–
                                                  with the requirements of Rule 17Ad–                     establish fees relating to certain end                 NYSEArca–2016–77]
                                                  22(b)(3).11                                             users, amend the definition of Affiliate,
                                                                                                          and amend the co-location section of the               Self-Regulatory Organizations; NYSE
                                                  IV. Conclusion                                                                                                 Arca, Inc.; Notice of Filing and
                                                                                                          Price List to reflect the changes. The
                                                    On the basis of the foregoing, the                    Commission published the proposed                      Immediate Effectiveness of Proposed
                                                  Commission finds that the proposal is                   rule change for comment in the Federal                 Rule Change Amending the NYSE Arca
                                                  consistent with the requirements of the                 Register on April 22, 2016.3 On April                  Options Fee Schedule and the NYSE
                                                  Act and in particular with the                          29, 2016, the Exchange filed                           Arca Equities Schedule of Fees and
                                                                                                          Amendment No. 1 to the proposed rule                   Charges for Exchange Services To
                                                  requirements of Section 17A of the
                                                                                                          change.4 The Commission received two                   Eliminate Certain Services That Are No
                                                  Act 12 and the rules and regulations
                                                                                                          comment letters on the proposed rule                   Longer Utilized by Users and To
                                                  thereunder.
                                                                                                          change.5                                               Remove Obsolete Text
                                                    It is therefore ordered, pursuant to                     Section 19(b)(2) of the Act 6 provides
                                                  Section 19(b)(2) of the Act,13 that the                                                                        June 2, 2016.
                                                                                                          that, within 45 days of the publication                   Pursuant to section 19(b)(1) 1 of the
                                                  proposed rule change (File No. SR–ICC–                  of the notice of the filing of a proposed
                                                  2016–005) as modified by Amendment                                                                             Securities Exchange Act of 1934 (the
                                                                                                          rule change, or within such longer                     ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  No. 1, be, and hereby is, approved.14                   period up to 90 days as the Commission                 notice is hereby given that, on May 23,
                                                    For the Commission, by the Division of                may designate if it finds such longer                  2016, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                  Trading and Markets, pursuant to delegated              period to be appropriate and publishes                 or ‘‘NYSE Arca’’) filed with the
                                                  authority.15                                            its reasons for so finding or as to which              Securities and Exchange Commission
                                                  Brent J. Fields,                                        the self-regulatory organization                       (the ‘‘Commission’’) the proposed rule
                                                                                                          consents, the Commission shall approve                 change as described in Items I, II, and
                                                  Secretary.
                                                                                                          the proposed rule change, disapprove                   III below, which Items have been
                                                  [FR Doc. 2016–13477 Filed 6–7–16; 8:45 am]
                                                                                                          the proposed rule change, or institute                 prepared by the self-regulatory
                                                  BILLING CODE 8011–01–P                                  proceedings to determine whether the                   organization. The Commission is
                                                                                                          proposed rule change should be                         publishing this notice to solicit
                                                                                                          disapproved. The Commission is                         comments on the proposed rule change
                                                                                                          extending this 45-day time period.                     from interested persons.
                                                                                                             The Commission finds that it is
                                                                                                          appropriate to designate a longer period               I. Self-Regulatory Organization’s
                                                                                                          within which to take action on the                     Statement of the Terms of the Substance
                                                                                                                                                                 of the Proposed Rule Change
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                                                                            2 17
                                                                                                                                                                    The Exchange proposes amend the
                                                                                                                 CFR 240.19b–4.
                                                                                                            3 See Securities Exchange Act Release No. 34–
                                                                                                                                                                 NYSE Arca Options Fee Schedule (the
                                                    9 Id.
                                                                                                          77642 (April 18, 2016), 81 FR 23786 (‘‘Notice’’).      ‘‘Options Fee Schedule’’) and, through
                                                    10 17  CFR 240.17Ad–22.                                 4 Amendment No. 1 made technical changes             its wholly owned subsidiary NYSE Arca
mstockstill on DSK3G9T082PROD with NOTICES




                                                    11 17  CFR 240.17Ad–22(b)(3).                         relating to the General Notes numbering and            Equities, Inc. (‘‘NYSE Arca Equities’’),
                                                     12 15 U.S.C. 78q–1.                                  references in the Co-location section of the Price     the NYSE Arca Equities Schedule of
                                                     13 15 U.S.C. 78s(b)(2).                              List.
                                                                                                            5 See Letter from Michael J. Friedman, General
                                                     14 In approving the proposed rule change, the                                                                 7 Id.
                                                                                                          Counsel and CCO, Trillium to Brent J. Fields,
                                                  Commission considered the proposal’s impact on          Secretary, Commission, dated May 13, 2016; see
                                                                                                                                                                   8 17 CFR 200.30–3(a)(12).
                                                  efficiency, competition and capital formation. 15       also Letter from Eero Pikat to the Commission,           1 15 U.S.C. 78s(b)(1).
                                                  U.S.C. 78c(f).                                          dated May 13, 2016.                                      2 15 U.S.C. 78a.
                                                     15 17 CFR 200.30–3(a)(12).                             6 15 U.S.C. 78s(b)(2).                                 3 17 CFR 240.19b–4.




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Document Created: 2016-06-08 03:10:16
Document Modified: 2016-06-08 03:10:16
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 36979 

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