82_FR_51877 82 FR 51663 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change, Security-Based Swap Submission or Advance Notice Relating to the ICE Clear Europe Procyclicality Framework

82 FR 51663 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change, Security-Based Swap Submission or Advance Notice Relating to the ICE Clear Europe Procyclicality Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range51663-51665
FR Document2017-24130

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017)
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51663-51665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24130]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81994; File No. SR-ICEEU-2017-013]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing of Proposed Rule Change, Security-Based Swap Submission or 
Advance Notice Relating to the ICE Clear Europe Procyclicality 
Framework

November 1, 2017.
    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 October 23, 2017, ICE Clear Europe Limited (``ICE Clear Europe'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule changes described in Items I, II, and III below, which 
Items have been prepared primarily by ICE Clear Europe. 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 changes is to adopt a new policy 
framework for addressing the procyclicality of its risk management 
policies by establishing such a framework that addresses the risk 
appetite, model design, monitoring and assessment and management of 
procyclicality in the risk models used by ICE Clear Europe to manage 
default risk.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe included 
statements concerning the purpose of and basis for the proposed rule 
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. ICE Clear Europe has prepared summaries, 
set forth in sections (A), (B), and (C) below, of the most significant 
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

(a) Purpose
    The purpose of the Procyclicality Framework is to establish an 
overall framework for the risk appetite, model design, monitoring and 
assessment and management of procyclicality in the risk models used by 
ICE Clear Europe to manage default risk. The European Market 
Infrastructure Regulation \3\ (``EMIR'') and related implementing 
standards require that a central counterparty (``CCP'') ensure that its 
margin framework provides, among other matters, stable and prudent 
margin requirements that limit procyclicality to the extent that the 
soundness and financial security of the central counterparty is not 
negatively affected.\4\ Those standards also require that central 
counterparties implement at least one of several specified options for 
mitigating procyclicality with respect to margin requirements.\5\
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    \3\ Regulation (EU) No 648/2012 of the European Parliament and 
of the Council of 4 July 2012 on OTC derivatives, central 
counterparties and trade repositories, as well as various 
implementing regulations and technical standards.
    \4\ Article 28 of Commission Delegated Regulation (EU) No 153/
2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 
of the European Parliament and of the Council with regard to 
regulatory technical standards on requirements for central 
counterparties.
    \5\ The CPMI-IOSCO Principles for Financial Market 
Infrastructures (``PFMIs'') similarly provide that a clearing house 
should limit procyclicality for margin requirements and haircuts. 
See Principles 5 (Collateral) and 6 (Margin).
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    Although ICE Clear Europe's current margin policies incorporate the 
anti-procyclicality (``APC'') measures required by EMIR (and ICE Clear 
Europe does not propose to change such measures at this time), it is 
proposing to adopt the Procyclicality Framework in order to provide a 
more defined framework for considering the impact of procyclicality on 
margining, membership, collateral haircuts, stress testing and 
concentration risk policies. The framework is designed to set out (1) 
the aspects of ICE Clear Europe risk policies relevant to 
procyclicality considerations, (2) how the clearing house will assess 
procyclicality (both as a qualitative and a quantitative matter) and 
(3) how the clearing house will factor considerations of procyclicality 
into its response to emerging risks.
    Although ``procyclicality'' is not expressly defined in EMIR, ICE 
Clear Europe considers procyclicality for purposes of the proposed 
framework to be the extent to which changes in market conditions can 
have an effect on a clearing member's ability to manage its liquidity 
to meet ICE Clear Europe's changing margin requirements. For example, a 
typical initial margin model would require increased margin in stressed 
margin conditions, and such increases may potentially occur rapidly 
and/or over-react to the change in conditions. Such margin increases, 
in turn, may stress a clearing member's ability to obtain liquidity to 
meet the increased requirements.
    The framework identifies sources of procyclicality, in particular 
in margin models, stress testing, and collateral haircut policies, and 
references existing mitigation strategies and stress testing 
arrangements used by the clearing house. Stress testing scenarios that 
are based on models similar to margin models but targeting a higher 
confidence quantile may also be procyclical due to changing market 
conditions, which may lead to increased stress shock results and 
therefore in default fund requirements. The framework also addresses 
how ICE Clear Europe intends to address procyclicality on an ongoing 
basis. Under the framework, ICE Clear Europe will assess procyclicality 
by monitoring the 95th percentile expected shortfall of the 5-day 
percentage change in initial margin (or other relevant risk mitigant) 
over a rolling 250-day window. ICE Clear Europe established this 
period, in consultation with Clearing Members, as an appropriate period 
to reflect short-term spikes in margin. ICE Clear Europe will also 
monitor the largest percentage changes to facilitate observation of 
both the maximum and a tail estimate to remove extreme outliers. A red-
amber-green (``R-A-G'') escalation framework will be used with respect 
to implementing APC measures based on certain defined thresholds for 
expected 95th percentile expected shortfall metric, which are detailed 
in an appendix to the framework. The escalation framework specifies 
appropriate responses where the expected shortfall level is at an amber 
or green level. ICE Clear Europe will assess procyclicality both on a 
regular basis in monitoring model performance and making margin rate 
adjustments as part of risk model design.
    The framework requires that the model design process take into 
consideration the procyclicality

[[Page 51664]]

characteristics of the model. This should include analysis of the 
performance of APC measures during periods of increasing volatility (in 
light of defined threshold conditions specified in the framework), in a 
range of market conditions, including stress periods.
    In addition to the quantitative metrics, there are a number of 
qualitative inputs that are given consideration under the framework. 
For example, ICE Clear Europe will take into consideration the 
periodicity of margin updates and will attempt to mitigate the effect 
of such updates by communicating any such updates to the cleared 
markets up to a week in advance. The framework also includes procedures 
for considering the impact of prospective margin changes on the 
portfolios of Clearing Members and communicating with Clearing Members 
that may be significantly affected by such changes. The framework also 
takes into account the activities of other CCPs in the relevant market 
(including whether they are implementing APC measures), expectations of 
market participants, the potential for moral hazard created by an 
expectation of gradual margin changes (which may not be possible in 
extreme situations), and the ability of the clearing house to override 
normal APC measures in extreme circumstances. The framework recognizes 
that different APC measures and thresholds may be appropriate in 
different markets based on their historical performance. ICE Clear 
Europe also takes into account the different liquidity resources and 
practices of different types of Clearing Members, including banks, 
broker-dealers and other traders, and the need for margin add-ons to 
mitigate particular liquidity and/or concentration risks. The framework 
also sets out APC considerations for new products and material changes 
in existing products.
    Appendices to the framework set out more specific analysis of 
procyclicality for F&O and CDS products. These analyses are calculated 
using several different measures of procyclicality, on both whole 
period and stressed period bases, and both taking into account price 
change effects and without price change effects, among other factors. 
The appendices also detail an ICE Clear Europe approach to back testing 
initial margin calculations, both with and without anti-procyclicality 
measures under its existing margin policies.
    Pursuant to the framework, ICE Clear Europe will disclose its APC 
methodology on its Web site. The framework further provides for ongoing 
governance, including the role of the chief risk officer, and review by 
the relevant product risk committees and board risk committee, as 
appropriate.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed APC framework is 
consistent with the requirements of Section 17A of the Act \6\ and the 
regulations thereunder applicable to it, including the standards under 
Rule 17Ad-22.\7\ Section 17A(b)(3)(F) of the Act \8\ 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, the safeguarding of securities and funds 
in the custody or control of the clearing agency or for which it is 
responsible, and the protection of investors and the public interest. 
The proposed amendments are designed to enhance and formalize the 
overall assessment and management of procyclicality in the clearing 
house's margin and haircut models, among other matters, consistent with 
regulatory requirements under EMIR. The model is thus intended to 
strengthen the risk models and procedures already used by the clearing 
house, particularly the margin model, and limit on an ongoing basis the 
risks of procyclicality for Clearing Members and the clearing house 
itself. The framework will also provide greater clarity and 
transparency for Clearing Members and others as to the clearing house's 
approach to managing procyclicality. As a result, ICE Clear Europe 
believes that the proposed changes will promote the prompt and accurate 
clearance and settlement of cleared transactions, and in general 
protect investors and the public interest, within the meaning of 
Section 17A(b)(3)(F).\9\ In addition, the changes are consistent with 
the requirements of Rule 17Ad-22(e)(2),\10\ which requires that a 
clearing agency have governance arrangements that are clear and 
transparent, prioritize the safety and efficiency of the clearing 
agency and support the public interest requirements of Section 17A of 
the Act applicable to clearing agencies and the objectives of owners 
and participants, among other matters. The amendments also generally 
strengthen the clearing house's risk management procedures, consistent 
with the requirements of Rule 17Ad-22(e)(3) and (6).\11\
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    \6\ 15 U.S.C. 78q-1.
    \7\ 17 CFR 240.17Ad-22.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
    \10\ 17 CFR 240.17Ad-22(e)(2).
    \11\ 17 CFR 240.17Ad-22(e)(3) and (6).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would 
have any impact, or impose any burden, on competition not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
changes are designed to provide additional protections against the 
effects of procyclicality by setting forth a methodology to identify 
and mitigate such risks, consistent with the requirements of EMIR. As 
such, the changes are intended to reduce the potential liquidity burden 
for Clearing Members of increases in margin requirements during 
stressed scenarios. As a result, ICE Clear Europe does not believe the 
changes will adversely affect the cost to clearing members or other 
market participants of clearing services. The changes will otherwise 
not affect the terms or conditions of any cleared contract or the 
standards or requirements for participation in or use of the Clearing 
House. The changes should not, in the Clearing House's view, adversely 
affect competition among Clearing Members, or the ability of market 
participants to access clearing services generally. As a result, ICE 
Clear Europe believes that any impact on competition is appropriate in 
furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants or Others

    Written comments relating to the proposed changes to the rules have 
not been solicited or received. ICE Clear Europe will notify the 
Commission of any written comments received by ICE Clear Europe.

III. Date of Effectiveness of the Proposed Rule Change

    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.

[[Page 51665]]

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-ICEEU-2017-013 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2017-013 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, security-
based swap submission or advance notice that are filed with the 
Commission, and all written communications relating to the proposed 
rule change, security-based swap submission or advance notice between 
the Commission and any person, other than those that may be withheld 
from the public in accordance with the provisions of 5 U.S.C. 552, will 
be available for Web site viewing and printing in the Commission's 
Public Reference Room, 100 F Street NE., Washington, DC 20549, on 
official business days between the hours of 10:00 a.m. and 3:00 p.m. 
Copies of such filings will also be available for inspection and 
copying at the principal office of ICE Clear Europe and on ICE Clear 
Europe's Web site at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    All comments received will be posted without change. Persons 
submitting comments are cautioned that we do not redact or edit 
personal identifying information from comment submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-ICEEU-2017-013 and should be 
submitted on or before November 28, 2017.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24130 Filed 11-6-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                             51663

                                                 At times, changes in Commission                          any comments it received on the                         factor considerations of procyclicality
                                               priorities require alterations in the                      proposed rule change. The text of these                 into its response to emerging risks.
                                               scheduling of meeting items.                               statements may be examined at the                          Although ‘‘procyclicality’’ is not
                                               CONTACT PERSON FOR MORE INFORMATION:                       places specified in Item IV below. ICE                  expressly defined in EMIR, ICE Clear
                                               For further information and to ascertain                   Clear Europe has prepared summaries,                    Europe considers procyclicality for
                                               what, if any, matters have been added,                     set forth in sections (A), (B), and (C)                 purposes of the proposed framework to
                                               deleted or postponed; please contact                       below, of the most significant aspects of               be the extent to which changes in
                                               Brent J. Fields from the Office of the                     such statements.                                        market conditions can have an effect on
                                               Secretary at (202) 551–5400.                                                                                       a clearing member’s ability to manage
                                                                                                          (A) Clearing Agency’s Statement of the                  its liquidity to meet ICE Clear Europe’s
                                                 Dated: November 2, 2017.                                 Purpose of, and Statutory Basis for, the                changing margin requirements. For
                                               Brent J. Fields,                                           Proposed Rule Change                                    example, a typical initial margin model
                                               Secretary.                                                 (a) Purpose                                             would require increased margin in
                                               [FR Doc. 2017–24260 Filed 11–3–17; 11:15 am]
                                                                                                             The purpose of the Procyclicality                    stressed margin conditions, and such
                                               BILLING CODE 8011–01–P                                     Framework is to establish an overall                    increases may potentially occur rapidly
                                                                                                          framework for the risk appetite, model                  and/or over-react to the change in
                                                                                                          design, monitoring and assessment and                   conditions. Such margin increases, in
                                               SECURITIES AND EXCHANGE                                    management of procyclicality in the risk                turn, may stress a clearing member’s
                                               COMMISSION                                                 models used by ICE Clear Europe to                      ability to obtain liquidity to meet the
                                               [Release No. 34–81994; File No. SR–ICEEU–                  manage default risk. The European                       increased requirements.
                                                                                                                                                                     The framework identifies sources of
                                               2017–013]                                                  Market Infrastructure Regulation 3
                                                                                                                                                                  procyclicality, in particular in margin
                                                                                                          (‘‘EMIR’’) and related implementing
                                               Self-Regulatory Organizations; ICE                                                                                 models, stress testing, and collateral
                                                                                                          standards require that a central
                                               Clear Europe Limited; Notice of Filing                                                                             haircut policies, and references existing
                                                                                                          counterparty (‘‘CCP’’) ensure that its
                                               of Proposed Rule Change, Security-                                                                                 mitigation strategies and stress testing
                                                                                                          margin framework provides, among
                                               Based Swap Submission or Advance                                                                                   arrangements used by the clearing
                                                                                                          other matters, stable and prudent
                                               Notice Relating to the ICE Clear                                                                                   house. Stress testing scenarios that are
                                                                                                          margin requirements that limit
                                               Europe Procyclicality Framework                                                                                    based on models similar to margin
                                                                                                          procyclicality to the extent that the                   models but targeting a higher
                                               November 1, 2017.                                          soundness and financial security of the                 confidence quantile may also be
                                                  Pursuant to Section 19(b)(1) of the                     central counterparty is not negatively                  procyclical due to changing market
                                               Securities Exchange Act of 1934                            affected.4 Those standards also require                 conditions, which may lead to increased
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    that central counterparties implement at                stress shock results and therefore in
                                               notice is hereby given that on October                     least one of several specified options for              default fund requirements. The
                                               23, 2017, ICE Clear Europe Limited                         mitigating procyclicality with respect to               framework also addresses how ICE Clear
                                               (‘‘ICE Clear Europe’’) filed with the                      margin requirements.5                                   Europe intends to address procyclicality
                                                                                                             Although ICE Clear Europe’s current                  on an ongoing basis. Under the
                                               Securities and Exchange Commission
                                                                                                          margin policies incorporate the anti-                   framework, ICE Clear Europe will assess
                                               (‘‘Commission’’) the proposed rule
                                                                                                          procyclicality (‘‘APC’’) measures                       procyclicality by monitoring the 95th
                                               changes described in Items I, II, and III
                                                                                                          required by EMIR (and ICE Clear Europe                  percentile expected shortfall of the 5-
                                               below, which Items have been prepared
                                                                                                          does not propose to change such                         day percentage change in initial margin
                                               primarily by ICE Clear Europe. The
                                                                                                          measures at this time), it is proposing to              (or other relevant risk mitigant) over a
                                               Commission is publishing this notice to
                                                                                                          adopt the Procyclicality Framework in                   rolling 250-day window. ICE Clear
                                               solicit comments on the proposed rule
                                                                                                          order to provide a more defined                         Europe established this period, in
                                               change from interested persons.
                                                                                                          framework for considering the impact of                 consultation with Clearing Members, as
                                               I. Clearing Agency’s Statement of the                      procyclicality on margining,                            an appropriate period to reflect short-
                                               Terms of Substance of the Proposed                         membership, collateral haircuts, stress                 term spikes in margin. ICE Clear Europe
                                               Rule Change                                                testing and concentration risk policies.                will also monitor the largest percentage
                                                  The principal purpose of the changes                    The framework is designed to set out (1)                changes to facilitate observation of both
                                               is to adopt a new policy framework for                     the aspects of ICE Clear Europe risk                    the maximum and a tail estimate to
                                               addressing the procyclicality of its risk                  policies relevant to procyclicality                     remove extreme outliers. A red-amber-
                                               management policies by establishing                        considerations, (2) how the clearing                    green (‘‘R–A–G’’) escalation framework
                                               such a framework that addresses the risk                   house will assess procyclicality (both as               will be used with respect to
                                               appetite, model design, monitoring and                     a qualitative and a quantitative matter)                implementing APC measures based on
                                               assessment and management of                               and (3) how the clearing house will                     certain defined thresholds for expected
                                               procyclicality in the risk models used                                                                             95th percentile expected shortfall
                                                                                                            3 Regulation (EU) No 648/2012 of the European
                                               by ICE Clear Europe to manage default                                                                              metric, which are detailed in an
                                                                                                          Parliament and of the Council of 4 July 2012 on
                                               risk.                                                      OTC derivatives, central counterparties and trade       appendix to the framework. The
                                                                                                          repositories, as well as various implementing           escalation framework specifies
                                               II. Clearing Agency’s Statement of the                     regulations and technical standards.                    appropriate responses where the
                                               Purpose of, and Statutory Basis for, the                     4 Article 28 of Commission Delegated Regulation
                                                                                                                                                                  expected shortfall level is at an amber
                                               Proposed Rule Change                                       (EU) No 153/2013 of 19 December 2012
                                                                                                                                                                  or green level. ICE Clear Europe will
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                          supplementing Regulation (EU) No 648/2012 of the
                                                 In its filing with the Commission, ICE                   European Parliament and of the Council with regard      assess procyclicality both on a regular
                                               Clear Europe included statements                           to regulatory technical standards on requirements       basis in monitoring model performance
                                               concerning the purpose of and basis for                    for central counterparties.                             and making margin rate adjustments as
                                                                                                            5 The CPMI–IOSCO Principles for Financial
                                               the proposed rule change and discussed                                                                             part of risk model design.
                                                                                                          Market Infrastructures (‘‘PFMIs’’) similarly provide
                                                                                                          that a clearing house should limit procyclicality for
                                                                                                                                                                     The framework requires that the
                                                 1 15   U.S.C. 78s(b)(1).                                 margin requirements and haircuts. See Principles 5      model design process take into
                                                 2 17   CFR 240.19b–4.                                    (Collateral) and 6 (Margin).                            consideration the procyclicality


                                          VerDate Sep<11>2014      17:29 Nov 06, 2017   Jkt 244001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\07NON1.SGM   07NON1


                                               51664                      Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices

                                               characteristics of the model. This                      chief risk officer, and review by the                 with the requirements of Rule 17Ad–
                                               should include analysis of the                          relevant product risk committees and                  22(e)(3) and (6).11
                                               performance of APC measures during                      board risk committee, as appropriate.                 (B) Clearing Agency’s Statement on
                                               periods of increasing volatility (in light
                                                                                                       (b) Statutory Basis                                   Burden on Competition
                                               of defined threshold conditions
                                               specified in the framework), in a range                    ICE Clear Europe believes that the                   ICE Clear Europe does not believe the
                                               of market conditions, including stress                  proposed APC framework is consistent                  proposed amendments would have any
                                               periods.                                                                                                      impact, or impose any burden, on
                                                  In addition to the quantitative                      with the requirements of Section 17A of
                                                                                                                                                             competition not necessary or
                                               metrics, there are a number of                          the Act 6 and the regulations thereunder
                                                                                                                                                             appropriate in furtherance of the
                                               qualitative inputs that are given                       applicable to it, including the standards
                                                                                                                                                             purposes of the Act. The proposed
                                               consideration under the framework. For                  under Rule 17Ad–22.7 Section
                                                                                                                                                             changes are designed to provide
                                               example, ICE Clear Europe will take into                17A(b)(3)(F) of the Act 8 requires, among
                                                                                                                                                             additional protections against the effects
                                               consideration the periodicity of margin                 other things, that the rules of a clearing            of procyclicality by setting forth a
                                               updates and will attempt to mitigate the                agency be designed to promote the                     methodology to identify and mitigate
                                               effect of such updates by                               prompt and accurate clearance and                     such risks, consistent with the
                                               communicating any such updates to the                   settlement of securities transactions                 requirements of EMIR. As such, the
                                               cleared markets up to a week in                         and, to the extent applicable, derivative             changes are intended to reduce the
                                               advance. The framework also includes                    agreements, contracts, and transactions,              potential liquidity burden for Clearing
                                               procedures for considering the impact of                the safeguarding of securities and funds              Members of increases in margin
                                               prospective margin changes on the                       in the custody or control of the clearing             requirements during stressed scenarios.
                                               portfolios of Clearing Members and                      agency or for which it is responsible,                As a result, ICE Clear Europe does not
                                               communicating with Clearing Members                     and the protection of investors and the               believe the changes will adversely affect
                                               that may be significantly affected by                   public interest. The proposed                         the cost to clearing members or other
                                               such changes. The framework also takes                  amendments are designed to enhance                    market participants of clearing services.
                                               into account the activities of other CCPs               and formalize the overall assessment                  The changes will otherwise not affect
                                               in the relevant market (including                       and management of procyclicality in the               the terms or conditions of any cleared
                                               whether they are implementing APC                       clearing house’s margin and haircut                   contract or the standards or
                                               measures), expectations of market                       models, among other matters, consistent               requirements for participation in or use
                                               participants, the potential for moral                   with regulatory requirements under                    of the Clearing House. The changes
                                               hazard created by an expectation of                     EMIR. The model is thus intended to                   should not, in the Clearing House’s
                                               gradual margin changes (which may not                   strengthen the risk models and                        view, adversely affect competition
                                               be possible in extreme situations), and                 procedures already used by the clearing               among Clearing Members, or the ability
                                               the ability of the clearing house to                    house, particularly the margin model,                 of market participants to access clearing
                                               override normal APC measures in                         and limit on an ongoing basis the risks               services generally. As a result, ICE Clear
                                               extreme circumstances. The framework                    of procyclicality for Clearing Members                Europe believes that any impact on
                                               recognizes that different APC measures                  and the clearing house itself. The                    competition is appropriate in
                                               and thresholds may be appropriate in                                                                          furtherance of the purposes of the Act.
                                                                                                       framework will also provide greater
                                               different markets based on their
                                                                                                       clarity and transparency for Clearing                 (C) Clearing Agency’s Statement on
                                               historical performance. ICE Clear
                                                                                                       Members and others as to the clearing                 Comments on the Proposed Rule
                                               Europe also takes into account the
                                               different liquidity resources and                       house’s approach to managing                          Change Received From Members,
                                               practices of different types of Clearing                procyclicality. As a result, ICE Clear                Participants or Others
                                               Members, including banks, broker-                       Europe believes that the proposed
                                                                                                       changes will promote the prompt and                     Written comments relating to the
                                               dealers and other traders, and the need
                                                                                                       accurate clearance and settlement of                  proposed changes to the rules have not
                                               for margin add-ons to mitigate particular
                                                                                                       cleared transactions, and in general                  been solicited or received. ICE Clear
                                               liquidity and/or concentration risks.
                                                                                                       protect investors and the public interest,            Europe will notify the Commission of
                                               The framework also sets out APC
                                                                                                       within the meaning of Section                         any written comments received by ICE
                                               considerations for new products and
                                                                                                       17A(b)(3)(F).9 In addition, the changes               Clear Europe.
                                               material changes in existing products.
                                                  Appendices to the framework set out                  are consistent with the requirements of               III. Date of Effectiveness of the
                                               more specific analysis of procyclicality                Rule 17Ad–22(e)(2),10 which requires                  Proposed Rule Change
                                               for F&O and CDS products. These                         that a clearing agency have governance
                                               analyses are calculated using several                   arrangements that are clear and                         Within 45 days of the date of
                                               different measures of procyclicality, on                transparent, prioritize the safety and                publication of this notice in the Federal
                                               both whole period and stressed period                   efficiency of the clearing agency and                 Register or within such longer period
                                               bases, and both taking into account                     support the public interest requirements              up to 90 days (i) as the Commission may
                                               price change effects and without price                                                                        designate if it finds such longer period
                                                                                                       of Section 17A of the Act applicable to
                                               change effects, among other factors. The                                                                      to be appropriate and publishes its
                                                                                                       clearing agencies and the objectives of
                                               appendices also detail an ICE Clear                                                                           reasons for so finding or (ii) as to which
                                                                                                       owners and participants, among other
                                               Europe approach to back testing initial                                                                       the self-regulatory organization
                                                                                                       matters. The amendments also generally
                                               margin calculations, both with and                                                                            consents, the Commission will:
                                                                                                       strengthen the clearing house’s risk
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                                               without anti-procyclicality measures                                                                            (A) By order approve or disapprove
                                                                                                       management procedures, consistent
                                               under its existing margin policies.                                                                           the proposed rule change or
                                                  Pursuant to the framework, ICE Clear                   6 15
                                                                                                                                                               (B) institute proceedings to determine
                                                                                                              U.S.C. 78q–1.
                                               Europe will disclose its APC                              7 17 CFR 240.17Ad–22.
                                                                                                                                                             whether the proposed rule change
                                               methodology on its Web site. The                          8 15 U.S.C. 78q–1(b)(3)(F).                         should be disapproved.
                                               framework further provides for ongoing                    9 15 U.S.C. 78q–1(b)(3)(F).

                                               governance, including the role of the                     10 17 CFR 240.17Ad–22(e)(2).                          11 17   CFR 240.17Ad–22(e)(3) and (6).



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                                                                          Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                                       51665

                                               IV. Solicitation of Comments                            and should be submitted on or before                   should be received by the Commission
                                                                                                       November 28, 2017.                                     by 5:30 p.m. on November 28, 2017 and
                                                 Interested persons are invited to                                                                            should be accompanied by proof of
                                               submit written data, views, and                           For the Commission, by the Division of
                                                                                                       Trading and Markets, pursuant to delegated             service on the applicants, in the form of
                                               arguments concerning the foregoing,                     authority.12                                           an affidavit, or, for lawyers, a certificate
                                               including whether the proposed rule                                                                            of service. Pursuant to Rule 0–5 under
                                                                                                       Eduardo A. Aleman,
                                               change is consistent with the Act.                                                                             the Act, hearing requests should state
                                               Comments may be submitted by any of                     Assistant Secretary.
                                                                                                       [FR Doc. 2017–24130 Filed 11–6–17; 8:45 am]
                                                                                                                                                              the nature of the writer’s interest, any
                                               the following methods:                                                                                         facts bearing upon the desirability of a
                                                                                                       BILLING CODE 8011–01–P
                                               Electronic Comments                                                                                            hearing on the matter, the reason for the
                                                                                                                                                              request, and the issues contested.
                                                 • Use the Commission’s Internet                                                                              Persons who wish to be notified of a
                                                                                                       SECURITIES AND EXCHANGE
                                               comment form (http://www.sec.gov/                                                                              hearing may request notification by
                                                                                                       COMMISSION
                                               rules/sro.shtml) or                                                                                            writing to the Commission’s Secretary.
                                                 • Send an email to rule-comments@                     [Investment Company Act Release No.
                                                                                                                                                              ADDRESSES: Secretary, U.S. Securities
                                                                                                       32894; File No. 812–14776]
                                               sec.gov. Please include File Number SR–                                                                        and Exchange Commission, 100 F Street
                                               ICEEU–2017–013 on the subject line.                     Princeton Fund Advisors, LLC. et al.                   NE., Washington, DC 20549–1090.
                                               Paper Comments                                                                                                 Applicants: Thompson Hine LLP, 41
                                                                                                       November 2, 2017.                                      South High Street, Suite 1700,
                                                 • Send paper comments in triplicate                   AGENCY: Securities and Exchange                        Columbus, OH 43215.
                                               to Secretary, Securities and Exchange                   Commission (‘‘Commission’’).                           FOR FURTHER INFORMATION CONTACT:
                                               Commission, 100 F Street NE.,                           ACTION: Notice.                                        Rochelle Kauffman Plesset, Senior
                                               Washington, DC 20549–1090.                                                                                     Counsel, at (202) 551–6840 or David
                                                                                                          Notice of an application for an order
                                               All submissions should refer to File                                                                           Marcinkus, Branch Chief, at (202) 551–
                                                                                                       under section 12(d)(1)(J) of the
                                               Number SR–ICEEU–2017–013 This file                                                                             6882 (Division of Investment
                                                                                                       Investment Company Act of 1940 (the
                                               number should be included on the                                                                               Management, Chief Counsel’s Office).
                                                                                                       ‘‘Act’’) for an exemption from sections
                                               subject line if email is used. To help the              12(d)(1)(A) and (B) of the Act and under               SUPPLEMENTARY INFORMATION: The
                                               Commission process and review your                      sections 6(c) and 17(b) of the Act for an              following is a summary of the
                                               comments more efficiently, please use                   exemption from sections 17(a)(1) and (2)               application. The complete application
                                               only one method. The Commission will                    of the Act. The requested order would                  may be obtained via the Commission’s
                                               post all comments on the Commission’s                   permit open-end management                             Web site by searching for the file
                                               Internet Web site (http://www.sec.gov/                  investment companies registered under                  number, or for an applicant using the
                                               rules/sro.shtml). Copies of the                         the Act to acquire shares of open-end                  Company name box, at http://
                                               submission, all subsequent                              management investment companies                        www.sec.gov/search/search.htm, or by
                                               amendments, all written statements                      registered under the Act that are outside              calling (202) 551–8090.
                                               with respect to the proposed rule                       of the same group of investment                        Summary of the Application
                                               change, security-based swap submission                  companies as the acquiring companies.
                                               or advance notice that are filed with the                                                                         1. Applicants request an order to
                                                                                                       APPLICANTS: Northern Lights Fund
                                               Commission, and all written                                                                                    permit (a) registered open-end
                                                                                                       Trust, a Delaware statutory trust
                                               communications relating to the                                                                                 management investment companies (the
                                                                                                       registered under the Act as an open-end
                                               proposed rule change, security-based                                                                           ‘‘Investing Funds’’) that are not part of
                                                                                                       management investment company with
                                               swap submission or advance notice                                                                              the same ‘‘group of investment
                                                                                                       multiple series (the ‘‘Trust’’); Princeton
                                               between the Commission and any                                                                                 companies,’’ within the meaning of
                                                                                                       Fund Advisors, LLC, a Deleware limited
                                               person, other than those that may be                                                                           section 12(d)(1)(G)(ii) of the Act, as the
                                                                                                       liability company (the ‘‘Adviser’’),
                                               withheld from the public in accordance                                                                         Trust, to acquire shares in series of the
                                                                                                       registered as an investment adviser
                                               with the provisions of 5 U.S.C. 552, will                                                                      Trust 1 advised by the Adviser in excess
                                                                                                       under the Investment Advisers Act of
                                               be available for Web site viewing and                                                                          of the limits in sections 12(d)(1)(A) of
                                                                                                       1940; and Foreside Distribution
                                               printing in the Commission’s Public                                                                            the Act and (b) the Funds, their
                                                                                                       Services, L.P., a Delaware limited
                                               Reference Room, 100 F Street NE.,                                                                              principal underwriters and any broker
                                                                                                       liability company, and Northern Lights
                                               Washington, DC 20549, on official                       Distributors, LLC, a Nebraska limited                     1 Applicants request that the order apply to (1)
                                               business days between the hours of                      liability company (together the                        each existing series of the Trust that currently is
                                               10:00 a.m. and 3:00 p.m. Copies of such                 ‘‘Distributors’’), each registered as a                part of the same ‘‘group of investment companes’’
                                               filings will also be available for                      broker-dealer under the Securities                     as the Trust and is advised by the Adviser, (2) to
                                               inspection and copying at the principal                 Exchange Act of 1934 (‘‘Exchange Act’’).               any future series of the Trust, and any other existing
                                               office of ICE Clear Europe and on ICE                                                                          or future registered open-end management
                                                                                                       FILING DATES: The application was filed                investment companies and any series thereof that
                                               Clear Europe’s Web site at https://                     on May 16, 2017 and amended on                         are, or may in the future be, advised by the Advisor
                                               www.theice.com/notices/                                 August 16, 2017.                                       and that are part of the same group of investment
                                               Notices.shtml?regulatoryFilings.                                                                               companies (each, a ‘‘Fund’’ and collectively the
                                                                                                       HEARING OR NOTIFICATION OF HEARING: An                 ‘‘Funds’’), and (3) any principal underwriter and
                                                  All comments received will be posted                 order granting the requested relief will               distributor for a Fund. Certain of the Funds may
                                               without change. Persons submitting                      be issued unless the Commission orders                 have obtained exemptions from the Commission
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                                               comments are cautioned that we do not                                                                          necessary to permit their shares to be listed and
                                                                                                       a hearing. Interested persons may                      traded on a national securities exchange at
                                               redact or edit personal identifying                     request a hearing by writing to the                    negotiated prices and, accordingly, to operate as an
                                               information from comment submissions.                   Commission’s Secretary and serving                     exchange-traded fund (‘‘ETF’’). For purposes of the
                                               You should submit only information                      applicants with a copy of the request,                 request for relief, the term ‘‘group of investment
                                               that you wish to make available                                                                                companies’’ means any two or more registered
                                                                                                       personally or by mail. Hearing requests                investment companies that hold themselves out to
                                               publicly. All submissions should refer                                                                         investors as related companies for purposes of
                                               to File Number SR–ICEEU–2017–013                          12 17   CFR 200.30–3(a)(12).                         investment and investor services.



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Document Created: 2018-10-25 10:25:36
Document Modified: 2018-10-25 10:25:36
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 51663 

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