81_FR_7642 81 FR 7613 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing, as Modified by Amendment No. 1 Thereto, of Proposed Rule Change To Provide for the Clearance of Certain Asia-Pacific Credit Default Swap Contracts

81 FR 7613 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing, as Modified by Amendment No. 1 Thereto, of 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 29 (February 12, 2016)

Page Range7613-7616
FR Document2016-02839

Federal Register, Volume 81 Issue 29 (Friday, February 12, 2016)
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7613-7616]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02839]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77079; File No. SR-ICC-2016-002]


Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of 
Filing, as Modified by Amendment No. 1 Thereto, of Proposed Rule Change 
To Provide for the Clearance of Certain Asia-Pacific Credit Default 
Swap Contracts

February 8, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on January 27, 2016, ICE Clear Credit LLC (``ICC'') filed with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change to adopt new rules that will provide the basis for ICC to clear 
certain Asia-Pacific credit default swap (``CDS'') contracts, as 
described in Items I, II, and III below, which Items have been prepared 
primarily by ICC. On January 29, 2016, ICC filed Amendment No. 1 to the 
proposal.\3\ The Commission is publishing this notice, as modified by 
Amendment No. 1, to solicit comments on the proposed rule change, from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \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 amends and 
replaces the original filing in its entirety.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    ICC is proposing an amendment to its previously submitted proposed 
rule change to adopt new rules that will provide the basis for ICC to 
clear certain Asia-Pacific CDS contracts. Specifically, ICC 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''). Additionally, 
ICC 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 proposed to amend the ICC Risk Management 
Framework to include the risk horizon utilized for instruments traded 
during Asia-Pacific hours and to

[[Page 7614]]

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. This Amendment No. 1 deletes a factual error and is 
intended to replace the original filing in its entirety.

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

    In its filing with the Commission, ICC included statements 
concerning the purpose of and basis for the additional rule change in 
Amendment No. 1. The text of these statements may be examined at the 
places specified in Item IV below. ICC has prepared summaries, set 
forth in sections A, B, and C below, of the most significant aspects of 
these statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, 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 Asia-Pacific CDS Contracts. 
Specifically, ICC proposes amending chapter 26 of the ICC Rules to add 
Subchapters 26J and 26L to provide for the clearance of iTraxx Asia/
Pacific Contracts and Standard Asia/Pacific Sovereign CDS contracts 
(specifically 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), respectively. Further, 
ICC proposes amending 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 proposes amending the ICC Risk Management 
Framework to include the risk horizon utilized for instruments traded 
during Asia-Pacific hours and amending 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. The addition of 
these Asia-Pacific CDS Contracts will benefit the CDS market by 
providing market participants the benefits of clearing, including 
reduction in counterparty risk and safeguarding of margin assets 
pursuant to clearing house rules.
    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. Accordingly, 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. iTraxx Asia/
Pacific Contracts will be denominated in United States Dollars.
    ICC Rule 26J-102 (Definitions) sets forth the definitions used for 
the iTraxx Asia/Pacific Contracts. 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) reflect or incorporate the 
basic contract specifications for iTraxx Asia/Pacific Contracts and are 
substantially the same as under Subchapters 26A, 26C, and 26F of the 
ICC Rules.
    SAS Contracts have similar terms to the Standard North American 
Corporate 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. Accordingly, 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. SAS Contracts 
will be denominated in United States Dollars.
    ICC Rule 26L-102 (Definitions) sets forth the definitions used for 
the SAS Contracts. ``Eligible SAS Reference Entities'' are 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 will seek approval 
from the Commission for such contracts (or for a class of product 
including such contracts) by a subsequent filing. 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) reflect or incorporate 
the basic contract specifications for SAS Contracts and are 
substantially the same as under Subchapters 26B, 26D, 26G, 26H, and 26I 
of the ICC Rules.
    Additionally, ICC is proposing 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 is proposing 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

[[Page 7615]]

in Singapore/Hong Kong hours. ICC will apply the same price discovery 
methodology to all submission windows. For easier comprehension, ICC 
also consolidated information regarding the timing of all pricing 
windows into a table in an appendix to the policy. Accordingly, ICC 
replaced references throughout the document to specific pricing window 
times with a reference to this table. ICC also removed a reference to 
end-of-day risk requirements, as such information is more appropriately 
included in the Risk Management Framework.
    Finally, ICC is proposing 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.
    Section 17A(b)(3)(F) of the Act \4\ requires, among other things, 
that the rules of a clearing agency be designed to promote the prompt 
and accurate clearance and settlement of securities transactions and, 
to the extent applicable, derivative agreements, contracts, and 
transactions and to comply with the provisions of the Act and the rules 
and regulations thereunder. These iTraxx Asia/Pacific Contracts are 
similar to CDX NA, CDX EM, and iTraxx Europe Contracts currently 
cleared by ICC, and the SAS Contracts are similar to the SNAC, SES, 
STEC, STEFC, and SWES Contracts currently cleared by ICC. 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.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The addition of iTraxx Asia/Pacific Contracts and SAS Contracts 
will allow market participants an increased ability to manage risk. ICC 
believes that acceptance of the new contracts, on the terms and 
conditions set out in the ICC Rules, is consistent with the prompt and 
accurate clearance of and settlement of securities transactions and 
derivative agreements, contracts and transactions cleared by ICC, the 
safeguarding of securities and funds in the custody or control of ICC, 
and the protection of investors and the public interest, within the 
meaning of Section 17A(b)(3)(F) of the Act.\5\ ICC performed a 
comprehensive risk analysis related to the clearing of iTraxx Asia/
Pacific Contracts and SAS Contract and has identified no additional 
risk or systemic risk concerns introduced by clearing these contracts, 
not accounted for by ICC's existing risk management procedures. As 
such, clearing the new iTraxx Asia/Pacific Contracts and SAS Contracts 
is consistent with the requirement of promoting and protecting the 
public interest in Section 17A(b)(3)(F).\6\
---------------------------------------------------------------------------

    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

    Clearing of the iTraxx Asia/Pacific Contracts and SAS Contracts 
will also satisfy the requirements of Rule 17Ad-22.\7\ In particular, 
in terms of financial resources, ICC will apply its existing margin 
methodology (which includes General Wrong Way Risk considerations) to 
the additional contracts. ICC believes that this model will provide 
sufficient margin to cover its credit exposure to its clearing members 
from clearing such contracts, consistent with the requirements of Rule 
17Ad-22(b)(2).\8\ In addition, ICC believes its Guaranty Fund, under 
its existing methodology, will, together with the required margin, 
provide sufficient financial resources to support the clearing of the 
new contracts consistent with the requirements of Rule 17Ad-
22(b)(3).\9\ ICC also believes that its existing operational and 
managerial resources will be sufficient for clearing of the new 
contracts, consistent with the requirements of Rule 17Ad-22(d)(4),\10\ 
as the new contracts are substantially the same from an operational 
perspective as existing contracts. Similarly, ICC will use its existing 
settlement procedures and account structures for the new contracts, 
consistent with the requirements of Rule 17Ad-22(d)(5), (12) and 
(15)\11\ as to the finality and accuracy of its daily settlement 
process and avoidance of the risk to ICC of settlement failures. ICC 
determined to accept the iTraxx Asia/Pacific Contracts and SAS 
Contracts for clearing in accordance with its governance process, which 
included review of the contracts and related risk management 
considerations by the ICC Risk Committee and approval by its Board. 
These governance arrangements are consistent with the requirements of 
Rule 17Ad-22(d)(8).\12\ Finally, ICC will apply its existing default 
management policies and procedures for the iTraxx Asia/Pacific 
Contracts and SAS Contracts. ICC believes that these procedures allow 
for it to take timely action to contain losses and liquidity pressures 
and to continue meeting its obligations in the event of clearing member 
insolvencies or defaults in respect of the new contracts, in accordance 
with Rule 17Ad-22(d)(11).\13\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17Ad-22.
    \8\ 17 CFR 240.17Ad-22(b)(2).
    \9\ 17 CFR 240.17Ad-22(b)(3).
    \10\ 17 CFR 240.17Ad-22(d)(4).
    \11\ 17 CFR 240.17Ad-22(d)(5), (12) and (15).
    \12\ 17 CFR 240.17Ad-22(d)(8).
    \13\ 17 CFR 240.17Ad-22(d)(11).
---------------------------------------------------------------------------

    Furthermore, ICC believes that the proposed changes to the ICC End-
of-Day Price Discovery Policies and Procedures are consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to ICC, in particular, to Section 17(A)(b)(3)(F),\14\ 
because ICC believes that such changes will assure the prompt and 
accurate clearance and settlement of securities transactions, 
derivatives agreements, contracts, and transactions, as the proposed 
revisions will allow ICC to receive end-of-day prices for Asia-Pacific 
CDS Contracts, complete its end-of-day price discovery process, and 
determine end-of-day prices for such Asia-Pacific CDS Contracts. As 
such, the proposed changes are designed to promote the prompt and 
accurate clearance and settlement of securities transactions, 
derivatives agreements, contracts, and transactions within the meaning 
of Section 17A(b)(3)(F)\15\ of the Act.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q-1(b)(3)(F).
    \15\ Id.
---------------------------------------------------------------------------

    Finally, ICC believes that the proposed changes to the ICC Risk 
Management Framework and the ICC Risk Management Model Description 
document are consistent with the requirements of the Act and the rules 
and regulations thereunder applicable to ICC, in particular, to Section 
17(A)(b)(3)(F),\16\ because ICC believes that such changes will assure 
the prompt and accurate clearance and settlement of securities 
transactions, derivatives agreements, contracts, and transactions, as 
the proposed revisions allow for the consideration of Asia-Pacific 
contracts within ICC's risk model. As such, the proposed changes are 
designed to promote the prompt and accurate clearance and settlement of 
securities transactions, derivatives agreements, contracts, and 
transactions within the meaning of Section 17A(b)(3)(F) \17\ of the 
Act. In addition, the proposed revisions are consistent with the 
relevant requirements of Rule 17Ad-22.\18\ In particular, the 
amendments to the Risk Management Framework and the ICC Risk Management 
Model Description document allow for the consideration of Asia-Pacific 
contracts within the ICC risk model, which, as discussed above,

[[Page 7616]]

ICC believes will provide sufficient margin and financial resources to 
support the clearing of the new contracts consistent with the margin 
and financial resource requirements of Rule 17Ad-22(b)(2-3).\19\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78q-1(b)(3)(F).
    \17\ Id.
    \18\ 17 CFRSec.  240.17Ad-22.
    \19\ 17 CFRSec.  240.17Ad-22(b)(2-3).
---------------------------------------------------------------------------

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

    ICC does not believe the proposed rule change would have any 
impact, or impose any burden, on competition. The iTraxx Asia/Pacific 
Contracts and SAS Contracts will be available for clearing to all ICC 
Clearing Participants. The clearing of iTraxx Asia/Pacific Contracts 
and SAS Contracts by ICC does not preclude the offering of this product 
for clearing by other market participants. Further, the changes to the 
ICC End-of-Day Price Discovery Policies and Procedures, ICC Risk 
Management Framework, and ICC Risk Management Model Description 
document apply uniformly across all market participants. Therefore, ICC 
does not believe the proposed rule change imposes any burden on 
competition that is inappropriate in furtherance of the purposes of the 
Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been 
solicited or received. ICC will notify the Commission of any written 
comments received by ICC.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ICC-2016-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2016-002. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available 
for inspection and copying at the principal office of ICE Clear Credit 
and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-ICC-2016-002 
and should be submitted on or before March 4, 2016.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-02839 Filed 2-11-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                      Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices                                                    7613

                                                     including a DPM or LMM, to evaluate                         • Send an email to rule-comments@                    SECURITIES AND EXCHANGE
                                                     its business to assure that its policies                  sec.gov. Please include File Number SR–                COMMISSION
                                                     and procedures are reasonably designed                    CBOE–2016–007 on the subject line.
                                                                                                                                                                      [Release No. 34–77079; File No. SR–ICC–
                                                     to protect against the misuse of material,                                                                       2016–002]
                                                     non-public information. However, with                     Paper Comments
                                                     this proposed rule change, a TPH that                       • Send paper comments in triplicate                  Self-Regulatory Organizations; ICE
                                                     trades equities and options could look at                 to Secretary, Securities and Exchange                  Clear Credit LLC; Notice of Filing, as
                                                     its firm more holistically to structure its                                                                      Modified by Amendment No. 1 Thereto,
                                                                                                               Commission, 100 F Street NE.,
                                                     operations in a manner that provides it                                                                          of Proposed Rule Change To Provide
                                                                                                               Washington, DC 20549–1090.
                                                     with better tools to manage risks across                                                                         for the Clearance of Certain Asia-
                                                     multiple security classes, while at the                   All submissions should refer to File                   Pacific Credit Default Swap Contracts
                                                     same time protecting against the misuse                   Number SR–CBOE–2016–007. This file
                                                     of material nonpublic information.                        number should be included on the                       February 8, 2016.
                                                                                                               subject line if email is used. To help the                Pursuant to Section 19(b)(1) of the
                                                     C. Self-Regulatory Organization’s                                                                                Securities Exchange Act of 1934
                                                     Statement on Comments on the                              Commission process and review your
                                                                                                                                                                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                     Proposed Rule Change Received From                        comments more efficiently, please use
                                                                                                                                                                      notice is hereby given that on January
                                                     Members, Participants, or Others                          only one method. The Commission will                   27, 2016, ICE Clear Credit LLC (‘‘ICC’’)
                                                                                                               post all comments on the Commission’s                  filed with the Securities and Exchange
                                                       The Exchange neither solicited nor                      Internet Web site (http://www.sec.gov/
                                                     received comments on the proposed                                                                                Commission (‘‘Commission’’) a
                                                                                                               rules/sro.shtml). Copies of the                        proposed rule change to adopt new
                                                     rule change.                                              submission, all subsequent                             rules that will provide the basis for ICC
                                                     III. Date of Effectiveness of the                         amendments, all written statements                     to clear certain Asia-Pacific credit
                                                     Proposed Rule Change and Timing for                       with respect to the proposed rule                      default swap (‘‘CDS’’) contracts, as
                                                     Commission Action                                         change that are filed with the                         described in Items I, II, and III below,
                                                        Because the foregoing proposed rule                    Commission, and all written                            which Items have been prepared
                                                     change does not:                                          communications relating to the                         primarily by ICC. On January 29, 2016,
                                                                                                               proposed rule change between the                       ICC filed Amendment No. 1 to the
                                                        A. Significantly affect the protection
                                                                                                               Commission and any person, other than                  proposal.3 The Commission is
                                                     of investors or the public interest;
                                                                                                               those that may be withheld from the                    publishing this notice, as modified by
                                                        B. impose any significant burden on                                                                           Amendment No. 1, to solicit comments
                                                     competition; and                                          public in accordance with the
                                                                                                               provisions of 5 U.S.C. 552, will be                    on the proposed rule change, from
                                                        C. become operative for 30 days from                                                                          interested persons.
                                                     the date on which it was filed, or such                   available for Web site viewing and
                                                     shorter time as the Commission may                        printing in the Commission’s Public                    I. Self-Regulatory Organization’s
                                                     designate, it has become effective                        Reference Room, 100 F Street NE.,                      Statement of the Terms of Substance of
                                                     pursuant to section 19(b)(3)(A) of the                    Washington, DC 20549 on official                       the Proposed Rule Change
                                                     Act 18 and Rule 19b–4(f)(6) 19                            business days between the hours of                        ICC is proposing an amendment to its
                                                     thereunder. At any time within 60 days                    10:00 a.m. and 3:00 p.m. Copies of the                 previously submitted proposed rule
                                                     of the filing of the proposed rule change,                filing also will be available for                      change to adopt new rules that will
                                                     the Commission summarily may                              inspection and copying at the principal                provide the basis for ICC to clear certain
                                                     temporarily suspend such rule change if                   office of the Exchange. All comments                   Asia-Pacific CDS contracts. Specifically,
                                                     it appears to the Commission that such                    received will be posted without change;                ICC proposed to amend Chapter 26 of
                                                     action is necessary or appropriate in the                 the Commission does not edit personal                  the ICC Rulebook (‘‘ICC Rules’’) to add
                                                     public interest, for the protection of                    identifying information from                           Subchapters 26J and 26L to provide for
                                                     investors, or otherwise in furtherance of                 submissions. You should submit only                    the clearance of iTraxx Asia/Pacific CDS
                                                     the purposes of the Act. If the                           information that you wish to make                      contracts (‘‘iTraxx Asia/Pacific
                                                     Commission takes such action, the                         available publicly. All submissions                    Contracts’’) and Standard Asia/Pacific
                                                     Commission will institute proceedings                     should refer to File Number SR–CBOE–                   Sovereign CDS contracts (‘‘SAS
                                                     to determine whether the proposed rule                    2016–007 and should be submitted on                    Contracts’’, collectively with iTraxx
                                                     change should be approved or                              or before March 4, 2016.                               Asia/Pacific Contracts ‘‘Asia-Pacific
                                                     disapproved.                                                                                                     CDS Contracts’’). Additionally, ICC
                                                                                                                 For the Commission, by the Division of               proposed to amend the ICC End-of-Day
                                                     IV. Solicitation of Comments                              Trading and Markets, pursuant to delegated             Price Discovery Policies and Procedures
                                                       Interested persons are invited to                       authority.20                                           to add two additional pricing windows
                                                     submit written data, views, and                           Robert W. Errett,                                      to accommodate the submission of end-
                                                     arguments concerning the foregoing,                       Deputy Secretary.                                      of-day prices relating to such Asia-
                                                     including whether the proposed rule                       [FR Doc. 2016–02841 Filed 2–11–16; 8:45 am]            Pacific CDS Contracts. Finally, ICC
                                                     change is consistent with the Act.                        BILLING CODE 8011–01–P                                 proposed to amend the ICC Risk
                                                     Comments may be submitted by any of                                                                              Management Framework to include the
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                     the following methods:                                                                                           risk horizon utilized for instruments
                                                                                                                                                                      traded during Asia-Pacific hours and to
                                                     Electronic Comments
                                                       • Use the Commission’s Internet                                                                                  1 15 U.S.C. 78s(b)(1).
                                                     comment form (http://www.sec.gov/                                                                                  2 17 CFR 240.19b–4.
                                                                                                                                                                        3 In Amendment No. 1, ICC deleted a factual error
                                                     rules/sro.shtml); or
                                                                                                                                                                      in the originally filed proposal that stated that no
                                                                                                                                                                      changes would be made to ICC’s Risk Management
                                                       18 15   U.S.C. 78s(b)(3)(A).                                                                                   Framework. Amendment No. 1 amends and
                                                       19 17   CFR 240.19b–4(f)(6).                              20 17   CFR 200.30–3(a)(12).                         replaces the original filing in its entirety.



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                                                     7614                          Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices

                                                     amend the ICC Risk Management Model                     of the ICC Rules, the CDX Emerging                    Subchapter 26B, SES Contracts in
                                                     Description document to add Asia-                       Markets CDS contracts (‘‘CDX EM                       Subchapter 26D, STEC Contracts in
                                                     Pacific to the list of regions to be                    Contracts’’) currently cleared by ICC and             Subchapter 26G, STEFC Contracts in
                                                     considered in General Wrong Way Risk                    governed by Subchapter 26C of the ICC                 Subchapter 26H, and SWES Contracts in
                                                     calculations. This Amendment No. 1                      Rules, and the iTraxx Europe CDS                      Subchapter 26I, with certain
                                                     deletes a factual error and is intended to              contracts (‘‘iTraxx Europe Contracts’’)               modifications that reflect differences in
                                                     replace the original filing in its entirety.            currently cleared by ICC and governed                 terms and market conventions between
                                                                                                             by Subchapter 26F of the ICC Rules.                   those contracts and SAS Contracts. SAS
                                                     II. Self-Regulatory Organization’s
                                                                                                             Accordingly, the proposed rules found                 Contracts will be denominated in
                                                     Statement of the Purpose of, and
                                                                                                             in Subchapter 26J largely mirror the ICC              United States Dollars.
                                                     Statutory Basis for, the Proposed Rule                                                                           ICC Rule 26L–102 (Definitions) sets
                                                                                                             Rules for CDX NA Contracts in
                                                     Change                                                                                                        forth the definitions used for the SAS
                                                                                                             Subchapter 26A, CDX EM Contracts in
                                                        In its filing with the Commission, ICC               Subchapter 26C, and iTraxx Europe                     Contracts. ‘‘Eligible SAS Reference
                                                     included statements concerning the                      Contracts in Subchapter 26F, with                     Entities’’ are defined as ‘‘each particular
                                                     purpose of and basis for the additional                 certain modifications that reflect                    Reference Entity included in the List of
                                                     rule change in Amendment No. 1. The                     differences in terms and market                       Eligible SAS Reference Entities,’’ which
                                                     text of these statements may be                         conventions between those contracts                   is a list maintained, updated and
                                                     examined at the places specified in Item                and iTraxx Asia/Pacific Contracts.                    published from time to time by ICC
                                                     IV below. ICC has prepared summaries,                   iTraxx Asia/Pacific Contracts will be                 containing certain specified information
                                                     set forth in sections A, B, and C below,                denominated in United States Dollars.                 with respect to each reference entity.
                                                     of the most significant aspects of these                  ICC Rule 26J–102 (Definitions) sets                 ICC is proposing to add the
                                                     statements.                                             forth the definitions used for the iTraxx             Commonwealth of Australia, the
                                                     A. Self-Regulatory Organization’s                       Asia/Pacific Contracts. The definitions               Malaysian Federation, the People’s
                                                     Statement of the Purpose of, and                        are substantially the same as the                     Republic of China, the Republic of
                                                     Statutory Basis for, the Proposed Rule                  definitions found in Subchapters 26A,                 Indonesia, the Republic of Korea and
                                                     Change                                                  26C, and 26F of the ICC Rules, other                  the Republic of the Philippines to its
                                                                                                             than certain conforming changes.                      List of Eligible SAS Reference Entities.
                                                        The purpose of the proposed rule                       ICC Rules 26J–309 (Acceptance of                    If ICC determines to add or remove
                                                     change is to adopt new rules that will                  iTraxx Asia/Pacific Untranched                        additional SAS Contracts from the List
                                                     provide the basis for ICC to clear Asia-                Contracts by ICE Clear Credit), 26J–315               of Eligible SAS Reference Entities, it
                                                     Pacific CDS Contracts. Specifically, ICC                (Terms of the Cleared iTraxx Asia/                    will seek approval from the Commission
                                                     proposes amending chapter 26 of the                     Pacific Untranched Contract), 26J–316                 for such contracts (or for a class of
                                                     ICC Rules to add Subchapters 26J and                    (Updating Index Version of Fungible                   product including such contracts) by a
                                                     26L to provide for the clearance of                     Contracts After a Credit Event or a                   subsequent filing. The remaining
                                                     iTraxx Asia/Pacific Contracts and                       Succession Event; Updating Relevant                   definitions are substantially the same as
                                                     Standard Asia/Pacific Sovereign CDS                     Untranched Standard Terms                             the definitions found in Subchapters
                                                     contracts (specifically the                             Supplement), and 26J–317 (Terms of                    26B, 26D, 26G, 26H, and 26I of the ICC
                                                     Commonwealth of Australia, the                          iTraxx Asia/Pacific Untranched                        Rules, other than certain conforming
                                                     Malaysian Federation, the People’s                      Contracts) reflect or incorporate the                 changes.
                                                     Republic of China, the Republic of                      basic contract specifications for iTraxx                 ICC Rules 26L–203 (Restriction on
                                                     Indonesia, the Republic of Korea and                    Asia/Pacific Contracts and are                        Activity), 26L–206 (Notices Required of
                                                     the Republic of the Philippines),                       substantially the same as under                       Participants with respect to SAS
                                                     respectively. Further, ICC proposes                     Subchapters 26A, 26C, and 26F of the                  Contracts), 26L–303 (SAS Contract
                                                     amending the ICC End-of-Day Price                       ICC Rules.                                            Adjustments), 26L–309 (Acceptance of
                                                     Discovery Policies and Procedures to                      SAS Contracts have similar terms to                 SAS Contracts by ICE Clear Credit),
                                                     add two additional pricing windows to                   the Standard North American Corporate                 26L–315 (Terms of the Cleared SAS
                                                     accommodate the submission of end-of-                   Single Name CDS contracts (‘‘SNAC                     Contract), 26L–316 (Relevant Physical
                                                     day prices relating to such Asia-Pacific                Contracts’’) currently cleared by ICC and             Settlement Matrix Updates), 26L–502
                                                     CDS Contracts. Finally, ICC proposes                    governed by Subchapter 26B of the ICC                 (Specified Actions), and 26L–616
                                                     amending the ICC Risk Management                        Rules, the Standard Emerging Sovereign                (Contract Modification) reflect or
                                                     Framework to include the risk horizon                   CDS contracts (‘‘SES Contracts’’)                     incorporate the basic contract
                                                     utilized for instruments traded during                  currently cleared by ICC and governed                 specifications for SAS Contracts and are
                                                     Asia-Pacific hours and amending the                     by Subchapter 26D of the ICC Rules, the               substantially the same as under
                                                     ICC Risk Management Model                               Standard European Corporate Single                    Subchapters 26B, 26D, 26G, 26H, and
                                                     Description document to add Asia-                       Name CDS contracts (‘‘STEC Contracts’’)               26I of the ICC Rules.
                                                     Pacific to the list of regions to be                    currently cleared at ICC and governed                    Additionally, ICC is proposing to
                                                     considered in General Wrong Way Risk                    by Subchapter 26G of the ICC Rules, the               amend the ICC End-of-Day Price
                                                     calculations. The addition of these Asia-               Standard European Financial Corporate                 Discovery Policies and Procedures to
                                                     Pacific CDS Contracts will benefit the                  Single Name CDS Contracts (‘‘STEFC                    add two additional pricing windows to
                                                     CDS market by providing market                          Contracts’’) currently cleared at ICC and             accommodate the submission of end-of-
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                                                     participants the benefits of clearing,                  governed by Subchapter 26H of the ICC                 day prices relating to such Asia-Pacific
                                                     including reduction in counterparty risk                Rules, and the Standard Western                       CDS Contracts. Specifically, ICC is
                                                     and safeguarding of margin assets                       European Corporate Single Name CDS                    proposing adding one pricing window
                                                     pursuant to clearing house rules.                       contracts (‘‘SWES Contracts’’) currently              at the end of the Sydney trading day to
                                                        The iTraxx Asia/Pacific Contracts                    cleared by ICC and governed by                        determine prices for instruments
                                                     have similar terms to the CDX North                     Subchapter 26I of the ICC Rules.                      primarily traded in Sydney hours and
                                                     American IG/HY/XO CDS contracts                         Accordingly, the proposed rules found                 one pricing window at the end of the
                                                     (‘‘CDX NA Contracts’’) currently cleared                in Subchapter 26L largely mirror the                  Singapore trading day to determine
                                                     by ICC and governed by Subchapter 26A                   ICC Rules for SNAC Contracts in                       prices for instruments primarily traded


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                                                                                        Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices                                           7615

                                                     in Singapore/Hong Kong hours. ICC will                     risk concerns introduced by clearing                  pressures and to continue meeting its
                                                     apply the same price discovery                             these contracts, not accounted for by                 obligations in the event of clearing
                                                     methodology to all submission                              ICC’s existing risk management                        member insolvencies or defaults in
                                                     windows. For easier comprehension,                         procedures. As such, clearing the new                 respect of the new contracts, in
                                                     ICC also consolidated information                          iTraxx Asia/Pacific Contracts and SAS                 accordance with Rule 17Ad–22(d)(11).13
                                                     regarding the timing of all pricing                        Contracts is consistent with the                         Furthermore, ICC believes that the
                                                     windows into a table in an appendix to                     requirement of promoting and                          proposed changes to the ICC End-of-Day
                                                     the policy. Accordingly, ICC replaced                      protecting the public interest in Section             Price Discovery Policies and Procedures
                                                     references throughout the document to                      17A(b)(3)(F).6                                        are consistent with the requirements of
                                                     specific pricing window times with a                          Clearing of the iTraxx Asia/Pacific                the Act and the rules and regulations
                                                     reference to this table. ICC also removed                  Contracts and SAS Contracts will also                 thereunder applicable to ICC, in
                                                     a reference to end-of-day risk                             satisfy the requirements of Rule 17Ad–                particular, to Section 17(A)(b)(3)(F),14
                                                     requirements, as such information is                       22.7 In particular, in terms of financial             because ICC believes that such changes
                                                     more appropriately included in the Risk                    resources, ICC will apply its existing                will assure the prompt and accurate
                                                     Management Framework.                                      margin methodology (which includes                    clearance and settlement of securities
                                                        Finally, ICC is proposing to amend                      General Wrong Way Risk                                transactions, derivatives agreements,
                                                     the ICC Risk Management Framework to                       considerations) to the additional                     contracts, and transactions, as the
                                                     include the risk horizon utilized for                      contracts. ICC believes that this model               proposed revisions will allow ICC to
                                                     instruments traded during Asia-Pacific                     will provide sufficient margin to cover               receive end-of-day prices for Asia-
                                                     hours and to amend the ICC Risk                            its credit exposure to its clearing                   Pacific CDS Contracts, complete its end-
                                                     Management Model Description                               members from clearing such contracts,                 of-day price discovery process, and
                                                     document to add Asia-Pacific to the list                   consistent with the requirements of Rule              determine end-of-day prices for such
                                                     of regions to be considered in General                     17Ad-22(b)(2).8 In addition, ICC                      Asia-Pacific CDS Contracts. As such, the
                                                     Wrong Way Risk calculations.                               believes its Guaranty Fund, under its                 proposed changes are designed to
                                                        Section 17A(b)(3)(F) of the Act 4                       existing methodology, will, together                  promote the prompt and accurate
                                                     requires, among other things, that the                     with the required margin, provide                     clearance and settlement of securities
                                                     rules of a clearing agency be designed to                  sufficient financial resources to support             transactions, derivatives agreements,
                                                     promote the prompt and accurate                            the clearing of the new contracts                     contracts, and transactions within the
                                                     clearance and settlement of securities                     consistent with the requirements of Rule              meaning of Section 17A(b)(3)(F)15 of the
                                                     transactions and, to the extent                            17Ad–22(b)(3).9 ICC also believes that                Act.
                                                     applicable, derivative agreements,                         its existing operational and managerial                  Finally, ICC believes that the
                                                     contracts, and transactions and to                         resources will be sufficient for clearing             proposed changes to the ICC Risk
                                                     comply with the provisions of the Act                      of the new contracts, consistent with the             Management Framework and the ICC
                                                     and the rules and regulations                              requirements of Rule 17Ad-22(d)(4),10                 Risk Management Model Description
                                                     thereunder. These iTraxx Asia/Pacific                      as the new contracts are substantially                document are consistent with the
                                                     Contracts are similar to CDX NA, CDX                       the same from an operational                          requirements of the Act and the rules
                                                     EM, and iTraxx Europe Contracts                            perspective as existing contracts.                    and regulations thereunder applicable to
                                                     currently cleared by ICC, and the SAS                      Similarly, ICC will use its existing                  ICC, in particular, to Section
                                                     Contracts are similar to the SNAC, SES,                    settlement procedures and account                     17(A)(b)(3)(F),16 because ICC believes
                                                     STEC, STEFC, and SWES Contracts                            structures for the new contracts,                     that such changes will assure the
                                                     currently cleared by ICC. The iTraxx                       consistent with the requirements of Rule              prompt and accurate clearance and
                                                     Asia/Pacific Contracts and SAS                             17Ad–22(d)(5), (12) and (15)11 as to the              settlement of securities transactions,
                                                     Contracts will be cleared pursuant to                      finality and accuracy of its daily                    derivatives agreements, contracts, and
                                                     ICC’s existing clearing arrangements and                   settlement process and avoidance of the               transactions, as the proposed revisions
                                                     related financial safeguards, protections                  risk to ICC of settlement failures. ICC               allow for the consideration of Asia-
                                                     and risk management procedures.                            determined to accept the iTraxx Asia/                 Pacific contracts within ICC’s risk
                                                        The addition of iTraxx Asia/Pacific                                                                           model. As such, the proposed changes
                                                                                                                Pacific Contracts and SAS Contracts for
                                                     Contracts and SAS Contracts will allow                                                                           are designed to promote the prompt and
                                                                                                                clearing in accordance with its
                                                     market participants an increased ability                                                                         accurate clearance and settlement of
                                                                                                                governance process, which included
                                                     to manage risk. ICC believes that                                                                                securities transactions, derivatives
                                                                                                                review of the contracts and related risk
                                                     acceptance of the new contracts, on the                                                                          agreements, contracts, and transactions
                                                                                                                management considerations by the ICC
                                                     terms and conditions set out in the ICC                                                                          within the meaning of Section
                                                                                                                Risk Committee and approval by its
                                                     Rules, is consistent with the prompt and                                                                         17A(b)(3)(F) 17 of the Act. In addition,
                                                                                                                Board. These governance arrangements
                                                     accurate clearance of and settlement of                                                                          the proposed revisions are consistent
                                                                                                                are consistent with the requirements of
                                                     securities transactions and derivative                                                                           with the relevant requirements of Rule
                                                                                                                Rule 17Ad–22(d)(8).12 Finally, ICC will
                                                     agreements, contracts and transactions                                                                           17Ad-22.18 In particular, the
                                                                                                                apply its existing default management
                                                     cleared by ICC, the safeguarding of                                                                              amendments to the Risk Management
                                                                                                                policies and procedures for the iTraxx
                                                     securities and funds in the custody or                                                                           Framework and the ICC Risk
                                                                                                                Asia/Pacific Contracts and SAS
                                                     control of ICC, and the protection of                                                                            Management Model Description
                                                                                                                Contracts. ICC believes that these
                                                     investors and the public interest, within                                                                        document allow for the consideration of
                                                                                                                procedures allow for it to take timely
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                                                     the meaning of Section 17A(b)(3)(F) of                                                                           Asia-Pacific contracts within the ICC
                                                                                                                action to contain losses and liquidity
                                                     the Act.5 ICC performed a                                                                                        risk model, which, as discussed above,
                                                     comprehensive risk analysis related to                       6 Id.
                                                     the clearing of iTraxx Asia/Pacific                          7 17 CFR 240.17Ad–22.                                 13 17    CFR 240.17Ad–22(d)(11).
                                                     Contracts and SAS Contract and has                           8 17 CFR 240.17Ad–22(b)(2).                           14 15    U.S.C. 78q–1(b)(3)(F).
                                                     identified no additional risk or systemic                    9 17 CFR 240.17Ad–22(b)(3).                           15 Id.
                                                                                                                  10 17 CFR 240.17Ad–22(d)(4).                          16 15    U.S.C. 78q–1(b)(3)(F).
                                                       4 15    U.S.C. 78q–1(b)(3)(F).                             11 17 CFR 240.17Ad–22(d)(5), (12) and (15).           17 Id.
                                                       5 Id.                                                      12 17 CFR 240.17Ad–22(d)(8).                          18 17    CFR§ 240.17Ad–22.



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                                                     7616                            Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices

                                                     ICC believes will provide sufficient                      Electronic Comments                                    SECURITIES AND EXCHANGE
                                                     margin and financial resources to                                                                                COMMISSION
                                                     support the clearing of the new                             • Use the Commission’s Internet
                                                     contracts consistent with the margin                      comment form (http://www.sec.gov/                      Submission for OMB Review;
                                                     and financial resource requirements of                    rules/sro.shtml); or                                   Comment Request
                                                     Rule 17Ad-22(b)(2–3).19                                     • Send an email to rule-comments@
                                                                                                               sec.gov. Please include File Number SR–                Upon Written Request, Copies Available
                                                     B. Self-Regulatory Organization’s                                                                                 From: Securities and Exchange
                                                     Statement on Burden on Competition                        ICC–2016–002 on the subject line.
                                                                                                                                                                       Commission, Office of FOIA Services,
                                                       ICC does not believe the proposed                       Paper Comments                                          100 F Street NE., Washington, DC
                                                     rule change would have any impact, or                                                                             20549–2736.
                                                     impose any burden, on competition.                          • Send paper comments in triplicate
                                                                                                               to Secretary, Securities and Exchange                  Extension:
                                                     The iTraxx Asia/Pacific Contracts and                                                                              Rules 17Ad–22—Clearing Agency
                                                     SAS Contracts will be available for                       Commission, 100 F Street NE.,                              Standards and Governance. SEC File No.
                                                     clearing to all ICC Clearing Participants.                Washington, DC 20549–1090.                                 270–646, OMB Control No. 3235–0695.
                                                     The clearing of iTraxx Asia/Pacific                       All submissions should refer to File
                                                     Contracts and SAS Contracts by ICC                                                                                  Notice is hereby given that pursuant
                                                                                                               Number SR–ICC–2016–002. This file                      to the Paperwork Reduction Act of 1995
                                                     does not preclude the offering of this                    number should be included on the
                                                     product for clearing by other market                                                                             (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                                                                               subject line if email is used. To help the             Securities and Exchange Commission
                                                     participants. Further, the changes to the                 Commission process and review your
                                                     ICC End-of-Day Price Discovery Policies                                                                          (‘‘Commission’’) is soliciting comments
                                                                                                               comments more efficiently, please use                  on the existing collection of information
                                                     and Procedures, ICC Risk Management                       only one method. The Commission will
                                                     Framework, and ICC Risk Management                                                                               provided for in Rules 17Ad-22 under
                                                                                                               post all comments on the Commission’s                  the Securities Exchange Act of 1934 (15
                                                     Model Description document apply                          Internet Web site (http://www.sec.gov/
                                                     uniformly across all market participants.                                                                        U.S.C. 78a et seq.). The Commission
                                                                                                               rules/sro.shtml). Copies of the                        plans to submit this existing collection
                                                     Therefore, ICC does not believe the                       submission, all subsequent
                                                     proposed rule change imposes any                                                                                 of information to the Office of
                                                                                                               amendments, all written statements                     Management and Budget (‘‘OMB’’) for
                                                     burden on competition that is                             with respect to the proposed rule
                                                     inappropriate in furtherance of the                                                                              extension and approval.
                                                                                                               change that are filed with the
                                                     purposes of the Act.                                      Commission, and all written                            Standards for Clearing Agencies
                                                     C. Self-Regulatory Organization’s                         communications relating to the                         a. Measurement and Management of
                                                     Statement on Comments on the                              proposed rule change between the                       Credit Exposures
                                                     Proposed Rule Change Received From                        Commission and any person, other than
                                                     Members, Participants or Others                           those that may be withheld from the                       Rule 17Ad–22(b)(1) would require a
                                                                                                               public in accordance with the                          clearing agency that provides CCP
                                                       Written comments relating to the                                                                               services to establish, implement,
                                                     proposed rule change have not been                        provisions of 5 U.S.C. 552, will be
                                                                                                               available for Web site viewing and                     maintain and enforce written policies
                                                     solicited or received. ICC will notify the                                                                       and procedures reasonably designed to
                                                     Commission of any written comments                        printing in the Commission’s Public
                                                                                                               Reference Room, 100 F Street NE.,                      measure its credit exposures to its
                                                     received by ICC.                                                                                                 participants at least once each day, and
                                                                                                               Washington, DC 20549, on official
                                                     III. Date of Effectiveness of the                         business days between the hours of                     limit its exposures to potential losses
                                                     Proposed Rule Change and Timing for                                                                              from defaults by its participants in
                                                                                                               10:00 a.m. and 3:00 p.m. Copies of such
                                                     Commission Action                                                                                                normal market conditions so that the
                                                                                                               filings will also be available for
                                                                                                                                                                      operations of the clearing agency would
                                                        Within 45 days of the date of                          inspection and copying at the principal
                                                                                                                                                                      not be disrupted and non-defaulting
                                                     publication of this notice in the Federal                 office of ICE Clear Credit and on ICE
                                                                                                                                                                      participants would not be exposed to
                                                     Register or within such longer period                     Clear Credit’s Web site at https://
                                                                                                                                                                      losses that they cannot anticipate or
                                                     up to 90 days (i) as the Commission may                   www.theice.com/clear-credit/regulation.                control. The purpose of the collection of
                                                     designate if it finds such longer period                     All comments received will be posted                information is to enable the clearing
                                                     to be appropriate and publishes its                       without change; the Commission does                    agency to monitor and limit its
                                                     reasons for so finding or (ii) as to which                not edit personal identifying                          exposures to its participants.
                                                     the self-regulatory organization
                                                                                                               information from submissions. You
                                                     consents, the Commission will:                                                                                   b. Margin Requirements
                                                                                                               should submit only information that
                                                        (A) By order approve or disapprove
                                                     the proposed rule change or                               you wish to make available publicly. All                  Rule 17Ad–22(b)(2) would require a
                                                        (B) institute proceedings to determine                 submissions should refer to File                       clearing agency that provides CCP
                                                     whether the proposed rule change                          Number SR–ICC–2016–002 and should                      services to establish, implement,
                                                     should be disapproved.                                    be submitted on or before March 4,                     maintain and enforce written policies
                                                                                                               2016.                                                  and procedures reasonably designed to:
                                                     IV. Solicitation of Comments                                                                                     (i) Use margin requirements to limit its
                                                                                                                 For the Commission, by the Division of
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                                                       Interested persons are invited to                       Trading and Markets, pursuant to delegated             credit exposures to participants in
                                                     submit written data, views, and                           authority.20                                           normal market conditions; (ii) use risk-
                                                     arguments concerning the foregoing,                       Robert W. Errett,
                                                                                                                                                                      based models and parameters to set
                                                     including whether the proposed rule                                                                              margin requirements; and (iii) review
                                                                                                               Deputy Secretary.                                      the models and parameters at least
                                                     change is consistent with the Act.
                                                     Comments may be submitted by any of                       [FR Doc. 2016–02839 Filed 2–11–16; 8:45 am]            monthly. The purpose of the collection
                                                     the following methods:                                    BILLING CODE 8011–01–P                                 of information is to enable the clearing
                                                                                                                                                                      agency to maintain sufficient collateral
                                                       19 17   CFR§ 240.17Ad-22(b)(2–3).                         20 17   CFR 200.30–3(a)(12).                         or margin.


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Document Created: 2016-02-12 01:24:08
Document Modified: 2016-02-12 01:24:08
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 7613 

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