82_FR_41622 82 FR 41454 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to ICC's Liquidity Risk Management Framework and ICC's Stress Testing Framework

82 FR 41454 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to ICC's Liquidity Risk Management Framework and ICC's Stress Testing Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 168 (August 31, 2017)

Page Range41454-41457
FR Document2017-18449

Federal Register, Volume 82 Issue 168 (Thursday, August 31, 2017)
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Notices]
[Pages 41454-41457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18449]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81486; File No. SR-ICC-2017-012]


Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of 
Filing of Proposed Rule Change Relating to ICC's Liquidity Risk 
Management Framework and ICC's Stress Testing Framework

August 25, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
\1\ and Rule 19b-4,\2\ notice is hereby given that on August 22, 2017, 
ICE Clear Credit LLC (``ICC'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change described in Items 
I, II, and III below, which Items have been primarily prepared by ICC. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The principal purpose of the proposed rule change is to revise the 
ICC Liquidity Risk Management Framework and the ICC Stress Testing 
Framework. These revisions do not require any changes to the ICC 
Clearing Rules (``Rules'').

II. Clearing Agency'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 proposed rule change and 
discussed any comments it received on the proposed rule change. 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) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

(a) Purpose
    ICC proposes revisions to its Stress Testing Framework and its 
Liquidity Risk Management Framework. Specifically, ICC proposes changes 
to enhance ICC's stress testing and liquidity stress testing practices 
following the clearing of Single Name (``SN'') credit default swaps 
(``CDS'') referencing ICC Clearing Participants

[[Page 41455]]

(``CPs''). ICC also proposes changes to the Stress Testing Framework to 
enhance compliance with U.S. Commodity Futures Trading Commission 
(``CFTC'') regulations including 17 CFR 39.36. ICC believes such 
revisions will facilitate the prompt and accurate clearance and 
settlement of securities transactions and derivative agreements, 
contracts, and transactions for which it is responsible. The proposed 
revisions are described in detail as follows.
Stress Testing Framework
    ICC proposes changes to its Stress Testing Framework following 
clearing of SN CDS referencing ICC CPs. ICC proposes amendments to the 
`Predefined Scenarios' section of the Stress Testing Framework to amend 
scenarios classified as Hypothetically Constructed (Forward Looking) 
Extreme but Plausible Market Scenarios to incorporate additional losses 
related to the Expected Loss-Given-Default (``ELGD'') of all names not 
explicitly assumed to enter a state of default in a CP's portfolio, and 
not limited to those in the Banking or Sovereign sectors. The ELGD 
amount will accumulate the LGD of all of the SNs in the portfolio that 
do not explicitly enter a state of default, weighted by the market 
observed 1-year end-of-day Default Probability.\3\
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    \3\ ``Default Probability'' as referenced throughout the ICC 
Stress Testing Framework and ICC Liquidity Risk Management Framework 
is calculated using the Open Source ISDA CDS Standard Model 
(available at http://www.cdsmodel.com/cdsmodel/).
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    ICC proposes to incorporate an enhanced analysis into the `General 
Wrong Way Risk and Contagion Stress Tests' section of the Stress 
Testing Framework that estimates profits and losses (``P/L'') arising 
from general wrong way risk (``GWWR'') generated by index and SN RFs 
that exhibit high degree of association with CPs. All positions in the 
index and SN instruments are used to construct for each CP a 
hypothetical sub-portfolio subject to an additional stress test 
analysis. Under the proposed analysis, if the constructed sub-portfolio 
presents GWWR stemming from positions in SN Risk Factors (``RFs'') that 
belong to the Banking and Sovereign Sections, additional GWWR related 
stress losses, deemed to be `extreme but plausible, will be added. 
These additional GWWR losses are computed as the product of the 
correlation-weighted uncollateralized LGDs and the SN-specific Default 
Probabilities. The proposed analysis is based on ICC's current GWWR P/L 
calculation, but assumes that the GWWR Kendall-Tau correlation 
(currently the greatest of the estimate from the full historical time 
series, the immediate 250 observations prior to the analysis date, or 
the 250 observations associated with a relevant stress period) of each 
CP-Sovereign or Banking RF pair are assumed to approach one, modeling 
the simultaneous occurrence of losses. The Default Probabilities 
utilized under the proposed approach will reflect the greater of the 
average 1-year CP SN Default Probability and the Default Probability 
implied by a 500-bp spread level at the 1-year tenor.
    Further, ICC proposes moving the current contagion GWWR P/L 
calculation from the `Methodology' section to the `General Wrong Way 
Risk and Contagion Stress Tests' section of the framework. ICC proposes 
adding language to the description of the current contagion GWWR P/L 
calculation, consisting of the correlation-weighted uncollateralized 
LGDs, to clarify that such scenario is considered extreme (as opposed 
to extreme but plausible). The extreme scenario is for information 
purposes only.
    ICC proposes adding a new `Guaranty Fund Sizing Sensitivity 
Analysis' section to the Stress Testing Framework, which describes 
ICC's approach to Guaranty Fund (``GF'') sizing. ICC's GF model aims to 
establish financial resources that are sufficient to cover hypothetical 
losses associated with the simultaneous credit events where up to five 
SNs are impacted. Currently, two of the selected SNs are CP SNs (i.e., 
``cover-2'' GF sizing) and the other three SNs are non-CP SNs. ICC 
proposes amending the framework to add an additional combination of 
impacted five SNs, for monitoring and comparison purposes. 
Specifically, ICC proposes analyzing three CP SNs (i.e., ``cover-3'' GF 
sizing) and two non-CP SNs. This alternative combination analysis is 
intended to provide guidance to the ICC Risk Department and ICC Risk 
Committee in situations when changes to the GF sizing approach are 
considered. For example, if a cover-2 deficiency is observed under the 
current GF size configuration, ICC will analyze the results from the 
cover-3 analysis as a potential remedy to address the cover-2 
deficiency. Monthly summary reports detailing the analysis will be 
provided to the ICC Risk Committee.
    ICC also proposes changes to the Stress Testing Framework to ensure 
compliance with CFTC Regulation 17 CFR 39.36. Specifically, ICC 
proposes adding an `Interest Rate Sensitivity Analysis' section to the 
Stress Testing Framework to ensure compliance with CFTC Regulation 17 
CFR 39.36(b). Under the proposed analysis, ICC would shock the Euro and 
USD interest rate curves up and down to see which scenario lead to 
further erosion of the GF under the two worst spread based stress test 
scenarios. The addition of the interest rate sensitivity analysis will 
have no impact on ICC's GF sizing methodology. ICC also proposes 
changes to the `Methodology' section of the Stress Testing Framework 
related to the calculation of the P/L attributable to sequential or 
simultaneous defaults, to ensure compliance with 17 CFR 39.36(a). Under 
the current framework, for each CP Affiliate Group (``AG''), the 
Specific Wrong Way Risk (``SWWR'') P/L shows losses associated with 
positions that are self referencing to that CP AG; the remaining GF is 
then calculated for each CP AG. Under the proposed changes, the SWWR P/
L will be expanded to also reflect the accumulation of losses 
associated with defaulted CP specific exposure and re-labeled ``CP-WWR 
P/L'', where the new CP-WWR P/L for each CP AG will include losses 
associated with exposure to itself, i.e., SWWR P/L, as well as on 
previously defaulted CP AG(s). Finally, ICC proposes edits to the 
`Portfolio Selection' section of the Stress Testing Framework, to 
incorporate a description of ICC's current client stress testing 
practices. There are no changes being proposed to ICC's client stress 
testing practices; rather the proposed edits are designed to explicitly 
state and document ICC's current client stress testing practices. 
Specifically, ICC applies the stress test scenarios to all currently 
cleared portfolios consisting of a CP's House and/or Client accounts. 
ICC executes individual client legal entity stress testing at least 
monthly, and the results are reported on a monthly basis to the Risk 
Committee. The clients selected for analysis exhibit the largest stress 
loss over financial resources being tested for each of the top Futures 
Commission Merchants (``FCMs'') and Broker Dealers (``BDs'') with the 
largest client Initial Margin. This selection is designed to capture 
the clients with the largest risk exposure, who are deemed to be 
``large traders.''
Liquidity Risk Management Framework
    ICC proposes revisions to its Liquidity Risk Management Framework 
to ensure unification of the stress testing scenarios in the Liquidity 
Risk Management Framework and the Stress Testing Framework. ICC 
operates its stress testing and liquidity stress testing on a unified 
set of stress testing scenarios and system. As such, revisions to the 
liquidity stress testing scenarios are

[[Page 41456]]

necessary to ensure scenario unification, in light of the proposed 
changes to the stress testing scenarios related to ICC's clearing of SN 
CDS on its CPs.
    Specifically, ICC proposes to revise the ``Hypothetically 
Constructed (Forward Looking) Extreme but Plausible Market Scenarios'' 
to ensure consistency with the proposed changes to the Stress Testing 
Framework to incorporate additional losses related to the ELGD of all 
names in a CP's portfolio, not limited to those in the Banking or 
Sovereign sectors. The ELGD amount will accumulate the LGD of all of 
the SNs in the portfolio that do not explicitly enter a state of 
default, weighted by the market observed 1-year end-of-day Default 
Probability.
(b) Statutory Basis
    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. ICC believes that the proposed rule changes 
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),\5\ because ICC believes that the proposed rule changes 
will promote the prompt and accurate clearance and settlement of 
securities transactions, derivatives agreements, contracts, and 
transactions. ICC's Stress Testing Framework describes ICC's stress 
testing practices, which are designed to ensure the adequacy of 
systemic risk protections. The Stress Testing Framework sets forth the 
methodology by which ICC evaluates potential portfolio profits/losses, 
compared to the Initial Margin and GF funds maintained, in order to 
identify any potential weakness in the risk methodology. The proposed 
changes to the Stress Testing Framework enhance ICC's approach to 
identifying potential weaknesses in the risk methodology. As such, the 
proposed rule 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) \6\ of the Act. The proposed changes will also satisfy the 
requirements of Rule 17Ad-22.\7\ In particular, the proposed changes to 
the stress testing practices set forth in the Stress Testing Framework 
ensure that ICC maintains sufficient financial resources to withstand a 
default by the CP family to which it has the largest exposure in 
extreme but plausible market conditions, consistent with the 
requirements of Rule 17Ad-22(b)(3).\8\ Finally, the proposed changes to 
the Stress Testing Framework ensure regulatory compliance with CFTC 
regulations, including 17 CFR 39.36.
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    \4\ 15 U.S.C. 78q-1(b)(3)(F).
    \5\ Id.
    \6\ Id.
    \7\ 17 CFR 240.17Ad-22.
    \8\ 17 CFR 240.17Ad-22(b)(3).
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    Further, the changes to the Liquidity Risk Management Framework to 
unify the liquidity stress testing scenarios with the stress testing 
scenarios set forth in Stress Testing Framework are necessary given the 
proposed changes to the Stress Testing Framework, as ICC operates its 
stress testing and liquidity stress testing on a unified set of stress 
testing scenarios and system. ICC's liquidity stress testing practices 
will continue to ensure the sufficiency of ICC's liquidity resources. 
As such, the proposed rule 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) \9\ of the Act.
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    \9\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule changes would have any 
impact, or impose any burden, on competition. To the extent the Stress 
Testing Framework and Liquidity Risk Management Framework changes 
impact CPs, the Stress Testing Framework and Liquidity Risk Management 
Framework apply uniformly across all CPs. Therefore, ICC does not 
believe the proposed rule changes impose any burden on competition that 
is inappropriate in furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule 
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 such 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-2017-012 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-2017-012. 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 Section, 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

[[Page 41457]]

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-2017-012 
and should be submitted on or before September 21, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-18449 Filed 8-30-17; 8:45 am]
BILLING CODE 8011-01-P



                                                41454                       Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices

                                                changes during the third quarter of                     requirements of Rule 203(b)(1) of the                  SECURITIES AND EXCHANGE
                                                2017.23                                                 Act or any exception thereto.                          COMMISSION
                                                III. Discussion and Commission                             The Commission believes that the                    [Release No. 34–81486; File No. SR–ICC–
                                                Findings                                                Exchange’s proposal to subject all                     2017–012]
                                                                                                        inbound and outbound communications
                                                   After careful review, the Commission                                                                        Self-Regulatory Organizations; ICE
                                                                                                        related to Market Maker Peg Orders,
                                                finds that the proposed rule change is                                                                         Clear Credit LLC; Notice of Filing of
                                                consistent with the requirements of the                 including the automatic repricing of
                                                                                                        such orders, to POP latency is consistent              Proposed Rule Change Relating to
                                                Act and the rules and regulations                                                                              ICC’s Liquidity Risk Management
                                                thereunder that are applicable to a                     with the Act. In particular, this
                                                                                                                                                               Framework and ICC’s Stress Testing
                                                national securities exchange.24                         treatment of the Market Maker Peg
                                                                                                                                                               Framework
                                                Specifically, the Commission finds that                 Order places a market maker using this
                                                the proposed rule change is consistent                  order type in the same position as                     August 25, 2017.
                                                with Section 6(b)(5) of the Act,25 which                another market maker placing and                          Pursuant to Section 19(b)(1) of the
                                                requires, among other things, that the                  updating its own quote directly without                Securities Exchange Act of 1934 1 and
                                                rules of a national securities exchange                 using the Market Maker Peg Order                       Rule 19b–4,2 notice is hereby given that
                                                be designed to prevent fraudulent and                   type—both will be subject to the POP                   on August 22, 2017, ICE Clear Credit
                                                manipulative acts and practices, to                     and experience the same latency. In                    LLC (‘‘ICC’’) filed with the Securities
                                                promote just and equitable principles of                addition, this approach is consistent                  and Exchange Commission
                                                trade, to foster cooperation and                        with the treatment of other displayed                  (‘‘Commission’’) the proposed rule
                                                coordination with persons engaged in                    orders on the Exchange, all of which are               change described in Items I, II, and III
                                                facilitating transactions in securities, to             subject to the POP latency.                            below, which Items have been primarily
                                                remove impediments to and perfect the                                                                          prepared by ICC. The Commission is
                                                                                                           Further, the Commission believes that               publishing this notice to solicit
                                                mechanism of a free and open market
                                                                                                        the Exchange’s proposal to specify how                 comments on the proposed rule change
                                                and a national market system, and, in
                                                                                                        Market Maker Peg Orders will be priced                 from interested persons.
                                                general, to protect investors and the
                                                public interest. The Commission finds                   in order to comply with the Tick Pilot
                                                                                                                                                               I. Clearing Agency’s Statement of the
                                                that the proposed rule change also is                   Plan is consistent with the Act and Rule
                                                                                                                                                               Terms of Substance of the Proposed
                                                designed to support the principles of                   608 of Regulation NMS 27 because it
                                                                                                                                                               Rule Change
                                                Section 11A(a)(1) 26 of the Act in that it              implements the Tick Pilot Plan and
                                                                                                        conforms Exchange rules to those                          The principal purpose of the
                                                seeks to assure fair competition among                                                                         proposed rule change is to revise the
                                                brokers and dealers and among                           requirements.28
                                                                                                                                                               ICC Liquidity Risk Management
                                                exchange markets.                                          Finally, the Commission notes that                  Framework and the ICC Stress Testing
                                                   The Commission finds that the                        other national securities exchanges offer              Framework. These revisions do not
                                                Exchange’s proposal is consistent with                  similar order types to the Exchange’s                  require any changes to the ICC Clearing
                                                the Act because it provides an optional                 proposed Market Maker Peg Order,29                     Rules (‘‘Rules’’).
                                                tool that market makers may use as a                    and the Commission received no
                                                backstop to help maintain a continuous                  comments on the Exchange’s proposed                    II. Clearing Agency’s Statement of the
                                                quote in satisfaction of the Exchange’s                                                                        Purpose of, and Statutory Basis for, the
                                                                                                        rule change.
                                                minimum continuous quoting                                                                                     Proposed Rule Change
                                                requirements, which may assist in the                   IV. Conclusion                                            In its filing with the Commission, ICC
                                                maintenance of fair and orderly markets.                                                                       included statements concerning the
                                                The Commission notes, however, that                       It is therefore ordered, pursuant to
                                                                                                                                                               purpose of and basis for the proposed
                                                notwithstanding the availability of the                 Section 19(b)(2) of the Act,30 that the
                                                                                                                                                               rule change and discussed any
                                                Market Maker Peg Order functionality,                   proposed rule change (SR–IEX–2017–                     comments it received on the proposed
                                                the market maker remains responsible                    22), be and hereby is, approved.                       rule change. The text of these statements
                                                for meeting its obligations under IEX                     For the Commission, by the Division of               may be examined at the places specified
                                                Rule 11.151, including entering,                        Trading and Markets, pursuant to delegated             in Item IV below. ICC has prepared
                                                monitoring, and re-submitting, as                       authority.31                                           summaries, set forth in sections (A), (B),
                                                applicable, compliant quotations. At the                Eduardo A. Aleman,                                     and (C) below, of the most significant
                                                same time, the Commission finds that                    Assistant Secretary.                                   aspects of these statements.
                                                the proposal is reasonably designed to
                                                assist market makers in complying with
                                                                                                        [FR Doc. 2017–18455 Filed 8–30–17; 8:45 am]            (A) Clearing Agency’s Statement of the
                                                the regulatory requirements of the                      BILLING CODE 8011–01–P                                 Purpose of, and Statutory Basis for, the
                                                Market Access Rule and Regulation                                                                              Proposed Rule Change
                                                SHO. The Commission notes, however,                                                                            (a) Purpose
                                                the Market Maker Peg Order does not by                                                                            ICC proposes revisions to its Stress
                                                itself ensure that the market maker is                                                                         Testing Framework and its Liquidity
                                                satisfying the requirements of the                                                                             Risk Management Framework.
                                                Market Access Rule or Regulation SHO,                                                                          Specifically, ICC proposes changes to
                                                                                                          27 17 CFR 242.608.
                                                including the satisfaction of the locate
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                          28 The  Commission notes that in this regard IEX’s
                                                                                                                                                               enhance ICC’s stress testing and
                                                                                                        proposal is substantially similar to Bats BZX          liquidity stress testing practices
                                                  23 See id. at 32029.
                                                                                                        Exchange, Inc. (‘‘Bats’’) Rule 11.27(c)(5).            following the clearing of Single Name
                                                  24 In approving this rule change, the Commission
                                                has considered the rule’s impact on efficiency,
                                                                                                          29 See, e.g., Bats Rule 11.9(c)(16), Nasdaq Stock    (‘‘SN’’) credit default swaps (‘‘CDS’’)
                                                competition, and capital formation. See 15 U.S.C.       Market LLC Rule 4702(b)(7), and Bats EDGX              referencing ICC Clearing Participants
                                                78c(f).                                                 Exchange, Inc. Rule 11.8(e).
                                                  25 15 U.S.C. 78f(b)(5).                                 30 15 U.S.C. 78s(b)(2).                               1 15   U.S.C. 78s(b)(1).
                                                  26 15 U.S.C. 78k–1(a)(1).                               31 17 CFR 200.30–3(a)(12).                            2 17   CFR 240.19b–4.



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                                                                             Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices                                           41455

                                                (‘‘CPs’’). ICC also proposes changes to                 correlation (currently the greatest of the            CFTC Regulation 17 CFR 39.36(b).
                                                the Stress Testing Framework to                         estimate from the full historical time                Under the proposed analysis, ICC would
                                                enhance compliance with U.S.                            series, the immediate 250 observations                shock the Euro and USD interest rate
                                                Commodity Futures Trading                               prior to the analysis date, or the 250                curves up and down to see which
                                                Commission (‘‘CFTC’’) regulations                       observations associated with a relevant               scenario lead to further erosion of the
                                                including 17 CFR 39.36. ICC believes                    stress period) of each CP-Sovereign or                GF under the two worst spread based
                                                such revisions will facilitate the prompt               Banking RF pair are assumed to                        stress test scenarios. The addition of the
                                                and accurate clearance and settlement of                approach one, modeling the                            interest rate sensitivity analysis will
                                                securities transactions and derivative                  simultaneous occurrence of losses. The                have no impact on ICC’s GF sizing
                                                agreements, contracts, and transactions                 Default Probabilities utilized under the              methodology. ICC also proposes changes
                                                for which it is responsible. The                        proposed approach will reflect the                    to the ‘Methodology’ section of the
                                                proposed revisions are described in                     greater of the average 1-year CP SN                   Stress Testing Framework related to the
                                                detail as follows.                                      Default Probability and the Default                   calculation of the P/L attributable to
                                                                                                        Probability implied by a 500-bp spread                sequential or simultaneous defaults, to
                                                Stress Testing Framework
                                                                                                        level at the 1-year tenor.                            ensure compliance with 17 CFR
                                                   ICC proposes changes to its Stress                      Further, ICC proposes moving the                   39.36(a). Under the current framework,
                                                Testing Framework following clearing of                 current contagion GWWR P/L                            for each CP Affiliate Group (‘‘AG’’), the
                                                SN CDS referencing ICC CPs. ICC                         calculation from the ‘Methodology’                    Specific Wrong Way Risk (‘‘SWWR’’)
                                                proposes amendments to the                              section to the ‘General Wrong Way Risk                P/L shows losses associated with
                                                ‘Predefined Scenarios’ section of the                   and Contagion Stress Tests’ section of                positions that are self referencing to that
                                                Stress Testing Framework to amend                       the framework. ICC proposes adding                    CP AG; the remaining GF is then
                                                scenarios classified as Hypothetically                  language to the description of the                    calculated for each CP AG. Under the
                                                Constructed (Forward Looking) Extreme                   current contagion GWWR P/L                            proposed changes, the SWWR P/L will
                                                but Plausible Market Scenarios to                       calculation, consisting of the                        be expanded to also reflect the
                                                incorporate additional losses related to                correlation-weighted uncollateralized                 accumulation of losses associated with
                                                the Expected Loss-Given-Default                         LGDs, to clarify that such scenario is                defaulted CP specific exposure and re-
                                                (‘‘ELGD’’) of all names not explicitly                  considered extreme (as opposed to                     labeled ‘‘CP–WWR P/L’’, where the new
                                                assumed to enter a state of default in a                extreme but plausible). The extreme                   CP–WWR P/L for each CP AG will
                                                CP’s portfolio, and not limited to those                scenario is for information purposes                  include losses associated with exposure
                                                in the Banking or Sovereign sectors. The                only.                                                 to itself, i.e., SWWR P/L, as well as on
                                                ELGD amount will accumulate the LGD                        ICC proposes adding a new ‘Guaranty                previously defaulted CP AG(s). Finally,
                                                of all of the SNs in the portfolio that do              Fund Sizing Sensitivity Analysis’                     ICC proposes edits to the ‘Portfolio
                                                not explicitly enter a state of default,                section to the Stress Testing Framework,              Selection’ section of the Stress Testing
                                                weighted by the market observed 1-year                  which describes ICC’s approach to                     Framework, to incorporate a description
                                                end-of-day Default Probability.3                        Guaranty Fund (‘‘GF’’) sizing. ICC’s GF               of ICC’s current client stress testing
                                                   ICC proposes to incorporate an                       model aims to establish financial                     practices. There are no changes being
                                                enhanced analysis into the ‘General                     resources that are sufficient to cover                proposed to ICC’s client stress testing
                                                Wrong Way Risk and Contagion Stress                     hypothetical losses associated with the               practices; rather the proposed edits are
                                                Tests’ section of the Stress Testing                    simultaneous credit events where up to                designed to explicitly state and
                                                Framework that estimates profits and                    five SNs are impacted. Currently, two of              document ICC’s current client stress
                                                losses (‘‘P/L’’) arising from general                   the selected SNs are CP SNs (i.e.,                    testing practices. Specifically, ICC
                                                wrong way risk (‘‘GWWR’’) generated by                  ‘‘cover-2’’ GF sizing) and the other three            applies the stress test scenarios to all
                                                index and SN RFs that exhibit high                      SNs are non-CP SNs. ICC proposes                      currently cleared portfolios consisting of
                                                degree of association with CPs. All                     amending the framework to add an                      a CP’s House and/or Client accounts.
                                                positions in the index and SN                           additional combination of impacted five               ICC executes individual client legal
                                                instruments are used to construct for                   SNs, for monitoring and comparison                    entity stress testing at least monthly,
                                                each CP a hypothetical sub-portfolio                    purposes. Specifically, ICC proposes                  and the results are reported on a
                                                subject to an additional stress test                    analyzing three CP SNs (i.e., ‘‘cover-3’’             monthly basis to the Risk Committee.
                                                analysis. Under the proposed analysis, if               GF sizing) and two non-CP SNs. This                   The clients selected for analysis exhibit
                                                the constructed sub-portfolio presents                  alternative combination analysis is                   the largest stress loss over financial
                                                GWWR stemming from positions in SN                      intended to provide guidance to the ICC               resources being tested for each of the
                                                Risk Factors (‘‘RFs’’) that belong to the               Risk Department and ICC Risk                          top Futures Commission Merchants
                                                Banking and Sovereign Sections,                         Committee in situations when changes                  (‘‘FCMs’’) and Broker Dealers (‘‘BDs’’)
                                                additional GWWR related stress losses,                  to the GF sizing approach are                         with the largest client Initial Margin.
                                                deemed to be ‘extreme but plausible,                    considered. For example, if a cover-2                 This selection is designed to capture the
                                                will be added. These additional GWWR                    deficiency is observed under the current              clients with the largest risk exposure,
                                                losses are computed as the product of                   GF size configuration, ICC will analyze               who are deemed to be ‘‘large traders.’’
                                                the correlation-weighted                                the results from the cover-3 analysis as
                                                uncollateralized LGDs and the SN-                       a potential remedy to address the cover-              Liquidity Risk Management Framework
                                                specific Default Probabilities. The                     2 deficiency. Monthly summary reports                    ICC proposes revisions to its Liquidity
                                                proposed analysis is based on ICC’s                     detailing the analysis will be provided               Risk Management Framework to ensure
                                                                                                                                                              unification of the stress testing scenarios
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                                                current GWWR P/L calculation, but                       to the ICC Risk Committee.
                                                assumes that the GWWR Kendall-Tau                          ICC also proposes changes to the                   in the Liquidity Risk Management
                                                                                                        Stress Testing Framework to ensure                    Framework and the Stress Testing
                                                  3 ‘‘Default Probability’’ as referenced throughout    compliance with CFTC Regulation 17                    Framework. ICC operates its stress
                                                the ICC Stress Testing Framework and ICC                CFR 39.36. Specifically, ICC proposes                 testing and liquidity stress testing on a
                                                Liquidity Risk Management Framework is
                                                calculated using the Open Source ISDA CDS
                                                                                                        adding an ‘Interest Rate Sensitivity                  unified set of stress testing scenarios
                                                Standard Model (available at http://                    Analysis’ section to the Stress Testing               and system. As such, revisions to the
                                                www.cdsmodel.com/cdsmodel/).                            Framework to ensure compliance with                   liquidity stress testing scenarios are


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                                                41456                              Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices

                                                necessary to ensure scenario unification,                  requirements of Rule 17Ad–22.7 In                      III. Date of Effectiveness of the
                                                in light of the proposed changes to the                    particular, the proposed changes to the                Proposed Rule Change and Timing for
                                                stress testing scenarios related to ICC’s                  stress testing practices set forth in the              Commission Action
                                                clearing of SN CDS on its CPs.                             Stress Testing Framework ensure that                     Within 45 days of the date of
                                                   Specifically, ICC proposes to revise                    ICC maintains sufficient financial                     publication of this notice in the Federal
                                                the ‘‘Hypothetically Constructed                           resources to withstand a default by the                Register or within such longer period
                                                (Forward Looking) Extreme but                              CP family to which it has the largest                  up to 90 days (i) as the Commission may
                                                Plausible Market Scenarios’’ to ensure                     exposure in extreme but plausible                      designate if it finds such longer period
                                                consistency with the proposed changes                      market conditions, consistent with the                 to be appropriate and publishes its
                                                to the Stress Testing Framework to                         requirements of Rule 17Ad–22(b)(3).8                   reasons for so finding or (ii) as to which
                                                incorporate additional losses related to                   Finally, the proposed changes to the                   the self-regulatory organization
                                                the ELGD of all names in a CP’s                            Stress Testing Framework ensure                        consents, the Commission will:
                                                portfolio, not limited to those in the                     regulatory compliance with CFTC                          (A) By order approve or disapprove
                                                Banking or Sovereign sectors. The ELGD                     regulations, including 17 CFR 39.36.                   such proposed rule change, or
                                                amount will accumulate the LGD of all                                                                               (B) institute proceedings to determine
                                                of the SNs in the portfolio that do not                       Further, the changes to the Liquidity
                                                                                                                                                                  whether the proposed rule change
                                                explicitly enter a state of default,                       Risk Management Framework to unify
                                                                                                                                                                  should be disapproved.
                                                weighted by the market observed 1-year                     the liquidity stress testing scenarios
                                                end-of-day Default Probability.                            with the stress testing scenarios set forth            IV. Solicitation of Comments
                                                                                                           in Stress Testing Framework are                          Interested persons are invited to
                                                (b) Statutory Basis                                        necessary given the proposed changes to                submit written data, views, and
                                                   Section 17A(b)(3)(F) of the Act 4                       the Stress Testing Framework, as ICC                   arguments concerning the foregoing,
                                                requires, among other things, that the                     operates its stress testing and liquidity              including whether the proposed rule
                                                rules of a clearing agency be designed to                  stress testing on a unified set of stress              change is consistent with the Act.
                                                promote the prompt and accurate                            testing scenarios and system. ICC’s                    Comments may be submitted by any of
                                                clearance and settlement of securities                     liquidity stress testing practices will                the following methods:
                                                transactions, and to the extent                            continue to ensure the sufficiency of
                                                                                                                                                                  Electronic Comments
                                                applicable, derivative agreements,                         ICC’s liquidity resources. As such, the
                                                contracts and transactions and to                          proposed rule changes are designed to                    • Use the Commission’s Internet
                                                comply with the provisions of the Act                      promote the prompt and accurate                        comment form (http://www.sec.gov/
                                                and the rules and regulations                              clearance and settlement of securities                 rules/sro.shtml); or
                                                thereunder. ICC believes that the                          transactions, derivatives agreements,                    • Send an email to rule-comments@
                                                proposed rule changes are consistent                       contracts, and transactions within the                 sec.gov. Please include File Number SR–
                                                with the requirements of the Act and the                   meaning of Section 17A(b)(3)(F) 9 of the               ICC–2017–012 on the subject line.
                                                rules and regulations thereunder                           Act.                                                   Paper Comments
                                                applicable to ICC, in particular, to
                                                Section 17(A)(b)(3)(F),5 because ICC                       (B) Clearing Agency’s Statement on                        Send paper comments in triplicate to
                                                believes that the proposed rule changes                    Burden on Competition                                  Secretary, Securities and Exchange
                                                will promote the prompt and accurate                                                                              Commission, 100 F Street NE.,
                                                clearance and settlement of securities                       ICC does not believe the proposed                    Washington, DC 20549–1090.
                                                transactions, derivatives agreements,                      rule changes would have any impact, or                 All submissions should refer to File
                                                contracts, and transactions. ICC’s Stress                  impose any burden, on competition. To                  Number SR–ICC–2017–012. This file
                                                Testing Framework describes ICC’s                          the extent the Stress Testing Framework                number should be included on the
                                                stress testing practices, which are                        and Liquidity Risk Management                          subject line if email is used. To help the
                                                designed to ensure the adequacy of                         Framework changes impact CPs, the                      Commission process and review your
                                                systemic risk protections. The Stress                      Stress Testing Framework and Liquidity                 comments more efficiently, please use
                                                Testing Framework sets forth the                           Risk Management Framework apply                        only one method. The Commission will
                                                methodology by which ICC evaluates                         uniformly across all CPs. Therefore, ICC               post all comments on the Commission’s
                                                potential portfolio profits/losses,                        does not believe the proposed rule                     Internet Web site (http://www.sec.gov/
                                                compared to the Initial Margin and GF                      changes impose any burden on                           rules/sro.shtml). Copies of the
                                                funds maintained, in order to identify                     competition that is inappropriate in                   submission, all subsequent
                                                any potential weakness in the risk                         furtherance of the purposes of the Act.                amendments, all written statements
                                                methodology. The proposed changes to                                                                              with respect to the proposed rule
                                                the Stress Testing Framework enhance                       (C) Clearing Agency’s Statement on                     change that are filed with the
                                                ICC’s approach to identifying potential                    Comments on the Proposed Rule                          Commission, and all written
                                                weaknesses in the risk methodology. As                     Received From Members, Participants or                 communications relating to the
                                                such, the proposed rule changes are                        Others                                                 proposed rule change between the
                                                designed to promote the prompt and                                                                                Commission and any person, other than
                                                                                                             Written comments relating to the                     those that may be withheld from the
                                                accurate clearance and settlement of
                                                securities transactions, derivatives                       proposed rule change have not been                     public in accordance with the
                                                                                                           solicited or received. ICC will notify the             provisions of 5 U.S.C. 552, will be
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                                                agreements, contracts, and transactions
                                                within the meaning of Section                              Commission of any written comments                     available for Web site viewing and
                                                17A(b)(3)(F) 6 of the Act. The proposed                    received by ICC.                                       printing in the Commission’s Public
                                                changes will also satisfy the                                                                                     Reference Section, 100 F Street NE.,
                                                                                                                                                                  Washington, DC 20549, on official
                                                  4 15    U.S.C. 78q–1(b)(3)(F).                             7 17    CFR 240.17Ad–22.                             business days between the hours of
                                                  5 Id.                                                      8 17    CFR 240.17Ad–22(b)(3).                       10:00 a.m. and 3:00 p.m. Copies of such
                                                  6 Id.                                                      9 Id.                                                filings will also be available for


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                                                                               Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices                                                 41457

                                                inspection and copying at the principal                 (‘‘EFA’’), iShares MSCI Emerging                      etc.) on the same side of the market.
                                                office of ICE Clear Credit and on ICE                   Markets ETF (‘‘EEM’’), iShares Russell                Options on FXI, EFA, EWZ, TLT, VXX,
                                                Clear Credit’s Web site at https://                     2000 ETF (‘‘IWM’’), iShares MSCI EAFE                 and EWJ are currently subject to the
                                                www.theice.com/clear-credit/regulation.                 ETF (‘‘EFA’’), iShares MSCI Brazil                    standard position limit of 250,000
                                                  All comments received will be posted                  Capped ETF (‘‘EWZ’’), iShares 20+ Year                contracts as set forth in Exchange Rule
                                                without change; the Commission does                     Treasury Bond Fund ETF (‘‘TLT’’), iPath               4.11.3 Interpretation and Policy .07 of
                                                not edit personal identifying                           S&P 500 VIX Short-Term Futures ETN                    Exchange Rule 4.11 sets forth separate
                                                information from submissions. You                       (‘‘VXX’’), PowerShares QQQ Trust                      position limits for options on specific
                                                should submit only information that                     (‘‘QQQQ’’), and iShares MSCI Japan                    ETFs and ETNs as follows:
                                                you wish to make available publicly. All                Index [sic] (‘‘EWJ’’).                                   • Options on EEM are 500,000
                                                submissions should refer to File                           The text of the proposed rule change               contracts;
                                                Number SR–ICC–2017–012 and should                       is also available on the Exchange’s Web                  • Options on IWM are 500,000
                                                be submitted on or before September 21,                 site (http://www.cboe.com/AboutCBOE/                  contracts; and
                                                2017.                                                   CBOELegalRegulatoryHome.aspx), at                        • Options on QQQQ are 900,000
                                                  For the Commission, by the Division of                the Exchange’s Office of the Secretary,               contracts.
                                                Trading and Markets, pursuant to delegated              and at the Commission’s Public                           The purpose of this proposal is to
                                                authority.10                                            Reference Room.                                       amend Interpretation and Policy .07 to
                                                Eduardo A. Aleman,                                                                                            Exchange Rule 4.11 to double the
                                                                                                        II. Self-Regulatory Organization’s
                                                Assistant Secretary.                                                                                          position and exercise limits for FXI,
                                                                                                        Statement of the Purpose of, and
                                                [FR Doc. 2017–18449 Filed 8–30–17; 8:45 am]                                                                   EEM, IWM, EFA, EWZ, TLT, VXX,
                                                                                                        Statutory Basis for, the Proposed Rule
                                                BILLING CODE 8011–01–P                                                                                        QQQQ, and EWJ.4 As such, options on
                                                                                                        Change
                                                                                                                                                              FXI, EFA, EWZ, TLT, VXX, and EWJ
                                                                                                          In its filing with the Commission, the              would no longer be subject to the
                                                SECURITIES AND EXCHANGE                                 Exchange included statements                          standard position limits set forth under
                                                COMMISSION                                              concerning the purpose of and basis for               Exchange Rule 4.11. Accordingly,
                                                                                                        the proposed rule change and discussed                Interpretation and Policy .07 to
                                                [Release No. 34–81483; File No. SR–CBOE–
                                                                                                        any comments it received on the                       Exchange Rule 4.11 would be amended
                                                2017–057]
                                                                                                        proposed rule change. The text of these               to set forth that the position limits for
                                                Self-Regulatory Organizations;                          statements may be examined at the                     option on FXI, EFA, EWZ, TLT, VXX,
                                                Chicago Board Options Exchange,                         places specified in Item IV below. The                and EWJ would be 500,000 contracts.
                                                Incorporated; Notice of Filing of a                     Exchange has prepared summaries, set                  These position limits equal the current
                                                Proposed Rule Change To Amend                           forth in sections A, B, and C below, of               position limits for option on IWM and
                                                Interpretation and Policy .07 of                        the most significant aspects of such                  EMM and are similar to the current
                                                Exchange Rule 4.11, Position Limits,                    statements.                                           position limit for options on QQQQ set
                                                To Increase the Position Limits for                     A. Self-Regulatory Organization’s                     forth in Interpretation and Policy .07 to
                                                Options on Certain ETFs                                 Statement of the Purpose of, and                      Exchange Rule 4.11. Interpretation and
                                                                                                        Statutory Basis for, the Proposed Rule                Policy .07 to Exchange Rule 4.11 would
                                                August 25, 2017.                                                                                              be further amended to increase the
                                                   Pursuant to Section 19(b)(1) of the                  Change
                                                                                                                                                              position limits for the remaining options
                                                Securities Exchange Act of 1934 (the                    1. Purpose                                            subject to this proposal as follows:
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                           • The position limits for options on
                                                                                                          Position limits are designed to
                                                notice is hereby given that on August                                                                         EEM would be increased from 500,000
                                                                                                        address potential manipulative schemes
                                                15, 2017, Chicago Board Options                                                                               contracts to 1,000,000 contracts;
                                                                                                        and adverse market impact surrounding
                                                Exchange, Incorporated (the ‘‘Exchange’’
                                                                                                        the use of options, such as disrupting                   • The position limits on options on
                                                or ‘‘CBOE’’) filed with the Securities                                                                        IWM would be increased from 500,000
                                                                                                        the market in the security underlying
                                                and Exchange Commission (the                                                                                  contracts to 1,000,000 contracts; and
                                                                                                        the options. The potential manipulative
                                                ‘‘Commission’’) the proposed rule
                                                                                                        schemes and adverse market impact are                    • The position limits on options on
                                                change as described in Items I and II                                                                         QQQQ would be increased from 900,000
                                                                                                        balanced against the potential of setting
                                                below, which Items have been prepared                                                                         contracts to 1,800,000 contracts.
                                                                                                        the limits so low as to discourage
                                                by the Exchange. The Commission is                                                                               In support of this proposal, the
                                                                                                        participation in the options market.
                                                publishing this notice to solicit                                                                             Exchange represents that the above
                                                                                                        Position limits for options on ETFs and
                                                comments on the proposed rule change                                                                          listed ETFs and ETNs qualify for either:
                                                                                                        ETNs, such as those subject to this
                                                from interested persons.                                                                                      (i) The initial listing criteria set forth in
                                                                                                        proposal, are determined pursuant to
                                                I. Self-Regulatory Organization’s                       Exchange Rule 4.11, and vary according                Exchange Rule 5.3.06(C) for ETFs
                                                Statement of the Terms of Substance of                  to the number of outstanding shares and               holding non-U.S. component securities;
                                                the Proposed Rule Change                                the trading volume of the underlying                  or (ii) for ETFs and ETNs listed
                                                                                                        stocks, ETFs, or ETNs over the past six-              pursuant to generic listing standards for
                                                   The purpose of this filing is to amend                                                                     series of portfolio depository receipts
                                                Interpretation and Policy .07 of                        months. Pursuant to Exchange Rule
                                                                                                        4.11, the largest in capitalization and               and index fund shares based on
                                                Exchange Rule 4.11, Position Limits, to
                                                increase the position limits for options                the most frequently traded stocks, ETFs,                 3 See https://www.theocc.com/webapps/delo-
                                                                                                        and ETNs have an option position limit
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                                                on the following exchange traded funds                                                                        search.
                                                (‘‘ETFs’’) and exchange traded notes                    of 250,000 contracts (with adjustments                   4 By virtue of Exchange Rule 4.12, Interpretation

                                                (‘‘ETNs’’): iShares China Large-Cap ETF                 for splits, re-capitalizations, etc.) on the          and Policy .02, which is not being amended by this
                                                (‘‘FXI’’), iShares MSCI EAFE ETF                        same side of the market; and smaller                  filing, the exercise limit for FXI, EEM, IWM, EFA,
                                                                                                        capitalization stocks, ETFs, and ETNs                 EWZ, TLT, VXX, QQQQ, and EWJ options would
                                                                                                                                                              be similarly increased.
                                                  10 17 CFR 200.30–3(a)(12).                            have position limits of 200,000, 75,000,                 The Exchange also proposed to make non-
                                                  1 15 U.S.C. 78s(b)(1).                                50,000 or 25,000 contracts (with                      substantive corrections to the names of IWM and
                                                  2 17 CFR 240.19b–4.                                   adjustments for splits, re-capitalizations,           EEM in Rule 4.11, Interpretation and Policy .07.



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Document Created: 2017-09-23 10:08:28
Document Modified: 2017-09-23 10:08:28
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 Citation82 FR 41454 

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