82_FR_58269 82 FR 58034 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to the ICC Stress Testing Framework and the ICC Liquidity Risk Management Framework

82 FR 58034 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to the ICC Stress Testing Framework and the ICC Liquidity Risk Management Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 235 (December 8, 2017)

Page Range58034-58035
FR Document2017-26449

Federal Register, Volume 82 Issue 235 (Friday, December 8, 2017)
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 58034-58035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26449]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82211; File No. SR-ICC-2017-014]


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

December 4, 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 November 27, 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. ICC filed the proposed rule change pursuant 
to Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(3) 
thereunder,\4\ so that the proposal was effective upon filing with the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(3).
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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 changes is to make clarifying 
revisions to the ICC Stress Testing Framework and the ICC Liquidity 
Stress Testing Framework.

[[Page 58035]]

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

    ICC proposes revisions to its Stress Testing Framework and 
Liquidity Risk Management Framework. Specifically, ICC proposes 
clarifying changes to document current aspects of its stress testing 
and liquidity stress testing practices. The proposed changes are 
described in detail as follows.
    ICC proposes changes to its Stress Testing Framework to provide 
further clarity regarding its calculation of the Foreign Exchange 
(``FX'') shock percentages utilized in ICC's stress testing practices. 
Specifically, ICC proposes adding language noting that ICC calculates a 
FX shock percentage for each considered risk horizon.
    ICC proposes changes to its Liquidity Risk Management Framework to 
provide further clarify regarding the applicability of FX adverse 
stress scenarios to its predefined liquidity stress tests. 
Specifically, ICC proposes adding language noting that adverse stress 
scenarios are applied to the Historically Observed Extreme but 
Plausible scenarios and Hypothetically Constructed Extreme but 
Plausible scenarios. ICC also added a description of its FX shock 
percentage calculation to the ICC Liquidity Risk Management Framework.
    Section 17(A)(b)(3)(F) of the Act \5\ requires, among other things, 
that the rules of a clearing agency be designed to protect investors 
and the public interest and to comply with the provisions of the Act 
and the rules and regulations thereunder. ICC believes that the 
proposed rule change is consistent with the requirements of the Act and 
the rules and regulations thereunder applicable to ICC, in particular, 
Section 17(A)(b)(3)(F),\6\ because ICC believes that the proposed rule 
change will protect investors and the public interest, as the proposed 
revision provides additional clarity regarding ICC's stress testing and 
liquidity stress testing practices. As such, the proposed rule change 
is designed to protect investors and the public interest within the 
meaning of Section 17(A)(b)(3)(F) \7\ of the Act. Further, through 
these revisions, ICC is complying with a directive from the CFTC by 
including requested clarifying details in its Stress Testing Framework 
and Liquidity Risk Management Framework.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1(b)(3)(F).
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any 
impact, or impose any burden, on competition. ICC is adding clarifying 
details regarding its current stress testing and liquidity stress 
testing practices and not making any substantive changes to its overall 
stress testing and liquidity stress testing practices. Therefore, ICC 
does not believe the 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 Change

    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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) \8\ of the Act and paragraph (f)(3) of Rule 19b-4 
thereunder.\9\ At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

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-2017-014 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-2017-014. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available 
for inspection and copying at the principal office of ICE Clear Credit 
and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change. 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-ICC-2017-014 and should be 
submitted on or before December 29, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-26449 Filed 12-7-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                58034                        Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices

                                                limited time prohibition in the rule for                subject line if email is used. To help the               Accordingly, the Commission finds
                                                releasing material information after the                Commission process and review your                     good cause for approving the proposed
                                                Exchange’s official closing time, a listed              comments more efficiently, please use                  rule change, as modified by Amendment
                                                company is never expected to withhold                   only one method. The Commission will                   No. 1, on an accelerated basis, pursuant
                                                material information if doing so would                  post all comments on the Commission’s                  to Section 19(b)(2) of the Exchange Act.
                                                violate Regulation FD under the Act.                    Internet Web site (http://www.sec.gov/
                                                                                                                                                               VI. Conclusion
                                                The Commisison notes that this                          rules/sro.shtml). Copies of the
                                                exception in the new rule requirement                   submission, all subsequent                               It is therefore ordered, pursuant to
                                                ensures that listed companies will not                  amendments, all written statements                     Section 19(b)(2) of the Exchange Act,21
                                                be prohibited from disclosing material                  with respect to the proposed rule                      that the proposed rule change (SR–
                                                information following a non-intentional                 change that are filed with the                         NYSE–2017–32), as modified by
                                                disclosure in compliance with                           Commission, and all written                            Amendment No. 1, be, and hereby is,
                                                Regulation FD, even if the closing                      communications relating to the                         approved.
                                                auction on the Exchange has not yet                     proposed rule change between the                         For the Commission, by the Division of
                                                been completed. The Commisison                          Commission and any person, other than                  Trading and Markets, pursuant to delegated
                                                believes that this provision is designed                those that may be withheld from the                    authority.22
                                                to ensure, among other things, that all                 public in accordance with the                          Eduardo A. Aleman,
                                                market participants have equal access to                provisions of 5 U.S.C. 552, will be                    Assistant Secretary.
                                                information that is material to trading in              available for Web site viewing and                     [FR Doc. 2017–26459 Filed 12–7–17; 8:45 am]
                                                the securities of listed companies and                  printing in the Commission’s Public                    BILLING CODE 8011–01–P
                                                therefore finds it is consistent with the               Reference Room, 100 F Street NE.,
                                                protection of investors and the public                  Washington, DC 20549, on official
                                                interest.19 Finally, the Commission                     business days between the hours of                     SECURITIES AND EXCHANGE
                                                believes that making clear the official                 10:00 a.m. and 3:00 p.m. Copies of the                 COMMISSION
                                                closing time of the Exchange is                         filing also will be available for
                                                                                                                                                               [Release No. 34–82211; File No. SR–ICC–
                                                consistent with investor protection and                 inspection and copying at the principal
                                                                                                                                                               2017–014]
                                                the public interest in that it reduces                  office of the Exchange. All comments
                                                potential confusion in determining                      received will be posted without change.                Self-Regulatory Organizations; ICE
                                                when the rule applies.                                  Persons submitting comments are                        Clear Credit LLC; Notice of Filing and
                                                  Accordingly, for the reasons                          cautioned that we do not redact or edit                Immediate Effectiveness of Proposed
                                                discussed above, the Commission finds                   personal identifying information from                  Rule Change to the ICC Stress Testing
                                                that the proposed rule change, as                       comment submissions. You should                        Framework and the ICC Liquidity Risk
                                                modified by Amendment No. 1, is                         submit only information that you wish                  Management Framework
                                                consistent with the Exchange Act.                       to make available publicly. All
                                                                                                        submissions should refer to File                       December 4, 2017.
                                                IV. Solicitation of Comments
                                                                                                        Number SR–NYSE–2017–32 and should                         Pursuant to Section 19(b)(1) of the
                                                   Interested persons are invited to                    be submitted on or before December 29,                 Securities Exchange Act of 1934
                                                submit written data, views, and                         2017.                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                arguments concerning the foregoing,                                                                            notice is hereby given that on November
                                                including whether this filing, as                       V. Accelerated Approval of Proposed                    27, 2017, ICE Clear Credit LLC (‘‘ICC’’)
                                                modified by whether Amendment No. 1,                    Rule Change, as Modified by                            filed with the Securities and Exchange
                                                is consistent with the Exchange Act.                    Amendment No. 1                                        Commission (‘‘Commission’’) the
                                                Comments may be submitted by any of                        The Commission finds good cause,                    proposed rule change described in Items
                                                the following methods:                                  pursuant to Section 19(b)(2) of the                    I, II, and III below, which Items have
                                                Electronic Comments                                     Exchange Act, to approve the proposed                  been primarily prepared by ICC. ICC
                                                                                                        rule change, as modified by Amendment                  filed the proposed rule change pursuant
                                                  • Use the Commission’s Internet                       No. 1, prior to the 30th day after the                 to Section 19(b)(3)(A) of the Act,3 and
                                                comment form (http://www.sec.gov/                       date of publication of Amendment No.                   Rule 19b–4(f)(3) thereunder,4 so that the
                                                rules/sro.shtml); or                                    1 in the Federal Register. As discussed                proposal was effective upon filing with
                                                  • Send an email to rule-comments@                                                                            the Commission. The Commission is
                                                                                                        above, Amendment No. 1 explicitly
                                                sec.gov. Please include File Number SR–                                                                        publishing this notice to solicit
                                                                                                        makes clear that the proposed
                                                NYSE–2017–32 on the subject line.                                                                              comments on the proposed rule change
                                                                                                        restriction on issuing material news will
                                                Paper Comments                                          not apply when a listed company is                     from interested persons.
                                                  • Send paper comments in triplicate                   publicly disclosing material information               I. Clearing Agency’s Statement of the
                                                to Secretary, Securities and Exchange                   following a non-intentional disclosure                 Terms of Substance of the Proposed
                                                Commission, 100 F Street NE.,                           in order to comply with Regulation                     Rule Change
                                                Washington, DC 20549–1090.                              FD.20 The Commission believes that this
                                                                                                        revision provides greater clarity on the                  The principal purpose of the
                                                All submissions should refer to File                                                                           proposed changes is to make clarifying
                                                                                                        application of the proposed
                                                Number SR–NYSE–2017–32. This file                                                                              revisions to the ICC Stress Testing
                                                                                                        amendments to Section 202.06 of the
                                                number should be included on the                                                                               Framework and the ICC Liquidity Stress
                                                                                                        Manual and removes uncertainty as to
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        the new prohibitions in the Exchange                   Testing Framework.
                                                  19 The Commission notes that it expects listed

                                                companies to comply with their obligations under        rules and a listed company’s obligation                  21 15 U.S.C. 78f(b)(2).
                                                the federal securities laws, including Regulation       to make disclosures that would be                        22 17 CFR 200.30–3(a)(12).
                                                FD, notwithstanding provisions in the Exchange          required under Regulation FD pursuant                    1 15 U.S.C. 78s(b)(1).
                                                rules that require listed companies to provide the      to the federal securities laws.                          2 17 CFR 240.19b–4.
                                                Exchange advance notice of material news
                                                                                                                                                                 3 15 U.S.C. 78s(b)(3)(A).
                                                announcements, such as in Section 202.05 (B) of the
                                                Manual.                                                   20 See   supra note 6.                                 4 17 CFR 240.19b–4(f)(3).




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                                                                                   Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices                                                  58035

                                                II. Clearing Agency’s Statement of the                     testing and liquidity stress testing                        • Send an email to rule-comments@
                                                Purpose of, and Statutory Basis for, the                   practices. As such, the proposed rule                     sec.gov. Please include File Number SR–
                                                Proposed Rule Change                                       change is designed to protect investors                   ICC–2017–014 on the subject line.
                                                   In its filing with the Commission, ICC                  and the public interest within the
                                                                                                           meaning of Section 17(A)(b)(3)(F) 7 of                    Paper Comments
                                                included statements concerning the
                                                purpose of and basis for the proposed                      the Act. Further, through these                             Send paper comments in triplicate to
                                                rule change and discussed any                              revisions, ICC is complying with a                        Secretary, Securities and Exchange
                                                comments it received on the proposed                       directive from the CFTC by including
                                                                                                                                                                     Commission, 100 F Street NE.,
                                                rule change. The text of these statements                  requested clarifying details in its Stress
                                                                                                                                                                     Washington, DC 20549–1090.
                                                may be examined at the places specified                    Testing Framework and Liquidity Risk
                                                in Item IV below. ICC has prepared                         Management Framework.                                     All submissions should refer to File
                                                summaries, set forth in sections (A), (B),                 (B) Clearing Agency’s Statement on                        Number SR–ICC–2017–014. This file
                                                and (C) below, of the most significant                     Burden on Competition                                     number should be included on the
                                                aspects of these statements.                                                                                         subject line if email is used. To help the
                                                                                                              ICC does not believe the proposed                      Commission process and review your
                                                (A) Clearing Agency’s Statement of the                     rule change would have any impact, or
                                                Purpose of, and Statutory Basis for, the                                                                             comments more efficiently, please use
                                                                                                           impose any burden, on competition. ICC                    only one method. The Commission will
                                                Proposed Rule Change                                       is adding clarifying details regarding its                post all comments on the Commission’s
                                                   ICC proposes revisions to its Stress                    current stress testing and liquidity stress               Internet Web site (http://www.sec.gov/
                                                Testing Framework and Liquidity Risk                       testing practices and not making any
                                                                                                                                                                     rules/sro.shtml). Copies of the
                                                Management Framework. Specifically,                        substantive changes to its overall stress
                                                                                                                                                                     submission, all subsequent
                                                ICC proposes clarifying changes to                         testing and liquidity stress testing
                                                                                                           practices. Therefore, ICC does not                        amendments, all written statements
                                                document current aspects of its stress
                                                testing and liquidity stress testing                       believe the changes impose any burden                     with respect to the proposed rule
                                                practices. The proposed changes are                        on competition that is inappropriate in                   change that are filed with the
                                                described in detail as follows.                            furtherance of the purposes of the Act.                   Commission, and all written
                                                   ICC proposes changes to its Stress                                                                                communications relating to the
                                                Testing Framework to provide further                       (C) Clearing Agency’s Statement on                        proposed rule change between the
                                                clarity regarding its calculation of the                   Comments on the Proposed Rule                             Commission and any person, other than
                                                Foreign Exchange (‘‘FX’’) shock                            Change                                                    those that may be withheld from the
                                                percentages utilized in ICC’s stress                         Written comments relating to the                        public in accordance with the
                                                testing practices. Specifically, ICC                       proposed rule change have not been                        provisions of 5 U.S.C. 552, will be
                                                proposes adding language noting that                       solicited or received. ICC will notify the                available for Web site viewing and
                                                ICC calculates a FX shock percentage for                   Commission of any written comments                        printing in the Commission’s Public
                                                each considered risk horizon.                              received by ICC.                                          Reference Room, 100 F Street NE.,
                                                   ICC proposes changes to its Liquidity                                                                             Washington, DC 20549, on official
                                                Risk Management Framework to provide                       III. Date of Effectiveness of the
                                                                                                           Proposed Rule Change                                      business days between the hours of
                                                further clarify regarding the                                                                                        10:00 a.m. and 3:00 p.m. Copies of such
                                                applicability of FX adverse stress                            The foregoing rule change has become                   filings will also be available for
                                                scenarios to its predefined liquidity                      effective pursuant to Section
                                                                                                                                                                     inspection and copying at the principal
                                                stress tests. Specifically, ICC proposes                   19(b)(3)(A) 8 of the Act and paragraph
                                                adding language noting that adverse                                                                                  office of ICE Clear Credit and on ICE
                                                                                                           (f)(3) of Rule 19b–4 thereunder.9 At any
                                                stress scenarios are applied to the                                                                                  Clear Credit’s Web site at https://
                                                                                                           time within 60 days of the filing of the
                                                Historically Observed Extreme but                          proposed rule change, the Commission                      www.theice.com/clear-credit/regulation.
                                                Plausible scenarios and Hypothetically                     summarily may temporarily suspend                            All comments received will be posted
                                                Constructed Extreme but Plausible                          such rule change if it appears to the                     without change. Persons submitting
                                                scenarios. ICC also added a description                    Commission that such action is                            comments are cautioned that we do not
                                                of its FX shock percentage calculation to                  necessary or appropriate in the public                    redact or edit personal identifying
                                                the ICC Liquidity Risk Management                          interest, for the protection of investors,                information from comment submissions.
                                                Framework.                                                 or otherwise in furtherance of the                        You should submit only information
                                                   Section 17(A)(b)(3)(F) of the Act 5                     purposes of the Act.                                      that you wish to make available
                                                requires, among other things, that the                                                                               publicly. All submissions should refer
                                                rules of a clearing agency be designed to                  IV. Solicitation of Comments
                                                                                                                                                                     to File Number SR–ICC–2017–014 and
                                                protect investors and the public interest                    Interested persons are invited to                       should be submitted on or before
                                                and to comply with the provisions of                       submit written data, views, and
                                                the Act and the rules and regulations                                                                                December 29, 2017.
                                                                                                           arguments concerning the foregoing,
                                                thereunder. ICC believes that the                          including whether the proposed rule                         For the Commission, by the Division of
                                                proposed rule change is consistent with                    change is consistent with the Act.                        Trading and Markets, pursuant to delegated
                                                the requirements of the Act and the                        Comments may be submitted by any of                       authority.10
                                                rules and regulations thereunder                           the following methods:                                    Eduardo A. Aleman,
                                                applicable to ICC, in particular, Section                                                                            Assistant Secretary.
                                                                                                           Electronic Comments
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                                                17(A)(b)(3)(F),6 because ICC believes                                                                                [FR Doc. 2017–26449 Filed 12–7–17; 8:45 am]
                                                that the proposed rule change will                           • Use the Commission’s Internet
                                                                                                                                                                     BILLING CODE 8011–01–P
                                                protect investors and the public interest,                 comment form (http://www.sec.gov/
                                                as the proposed revision provides                          rules/sro.shtml); or
                                                additional clarity regarding ICC’s stress
                                                                                                             7 Id.
                                                  5 15    U.S.C. 78q–1(b)(3)(F).                             8 15    U.S.C. 78s(b)(3)(A).
                                                  6 Id.                                                      9 17    CFR 240.19b–4(f)(3).                              10 17   CFR 200.30–3(a)(12).



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Document Created: 2017-12-08 01:43:58
Document Modified: 2017-12-08 01:43:58
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 58034 

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