83_FR_11621 83 FR 11570 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change Relating to the ICC Rules, ICC Risk Management Model Description Document, ICC Risk Management Framework, ICC Stress Testing Framework, and ICC Liquidity Risk Management Framework

83 FR 11570 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change Relating to the ICC Rules, ICC Risk Management Model Description Document, ICC Risk Management Framework, ICC Stress Testing Framework, and ICC Liquidity Risk Management Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 51 (March 15, 2018)

Page Range11570-11573
FR Document2018-05295

Federal Register, Volume 83 Issue 51 (Thursday, March 15, 2018)
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Notices]
[Pages 11570-11573]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05295]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82853; File No. SR-ICC-2018-001]


Self-Regulatory Organizations; ICE Clear Credit LLC; Order 
Approving Proposed Rule Change Relating to the ICC Rules, ICC Risk 
Management Model Description Document, ICC Risk Management Framework, 
ICC Stress Testing Framework, and ICC Liquidity Risk Management 
Framework

March 12, 2018.

I. Introduction

    On January 16, 2018, ICE Clear Credit LLC (``ICC'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ 
and Rule 19b-4 thereunder,\2\ a proposed rule change (SR-ICC-2018-001) 
to revise: (i) ICC's Clearing Rules to support the clearing of a new 
transaction type; and (ii) the ICC Risk Management Model Description 
Document, the ICC Risk Management Framework, the ICC Stress Testing 
Framework, and the ICC Liquidity Risk Management Framework to 
incorporate certain modifications to its risk management 
methodology.\3\ The proposed rule change was published for comment in 
the Federal Register on January 26, 2018.\4\ The Commission did not 
receive comments on the proposed rule change. For the reasons discussed 
below, the Commission is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Capitalized terms used in this order, but not defined 
herein, have the same meaning as in the ICC Clearing Rules.
    \4\ Securities Exchange Act Release No. 34-82542 (January 19, 
2018), 83 FR 3821 (January 26, 2018) (SR-ICC-2018-001) (``Notice'').
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II. Description of the Proposed Rule Change

    ICC proposed revisions to its Rules, Risk Management Model 
Description Document, Risk Management Framework, Stress Testing 
Framework, and Liquidity Risk Management Framework in order to provide 
for the clearing of a new transaction type, the Standard European 
Senior Non-Preferred Financial Corporate, and to provide for revised 
risk management practices.

A. Changes to ICC Rules

    ICC proposed amending Rule 26H-102, which sets forth the List of 
Eligible Standard European Financial Corporate (``STEFC'') Reference 
Entities, to include the Standard European Senior Non-Preferred 
Financial Corporate transaction type as an Eligible STEFC Reference 
Entity to be cleared by ICC.\5\
---------------------------------------------------------------------------

    \5\ Notice, 82 FR at 3821.
---------------------------------------------------------------------------

    ICC also proposed amending Rule 26H-102 to state that for a STEFC 
Reference Entity where the transaction type is the Standard European 
Senior Non-Preferred Financial Corporate, the STEFC Contracts Reference 
Obligation shall be determined in accordance with the Additional 
Provisions for Senior Non-Preferred Reference Obligations as published 
by the International Swaps and Derivatives Association. In addition, 
ICC proposed to incorporate certain conforming changes to Rule 26H-303 
and Rule 26H-315 to add references to the new transaction type.\6\
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    \6\ Id.
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B. Changes to ICC Risk Management Methodology

    As currently constructed, ICC's risk management methodology takes 
into consideration the potential losses associated with idiosyncratic 
credit events, which ICC refers to as ``Loss-Given Default'' or 
``LGD.'' ICC deems each Single Name (``SN'') reference entity a Risk 
Factor, and each combination of definition, doc-clause, tier, and 
currency for a given SN Risk Factor as a SN Risk Sub-Factor. ICC 
currently measures losses associated with credit events through a 
stress-based approach incorporating three recovery rate scenarios: A 
minimum recovery rate, an expected recovery rate, and maximum recovery 
rate. ICC combines exposures for Outright and index-derived Risk Sub-
Factors at each recovery rate scenario.\7\
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    \7\ Id.
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    ICC currently uses the results from the recovery rate scenarios as 
an input into the Profit/Loss-Given-Default (``P/LGD'') calculations at 
both the Risk Sub-Factor and Risk Factor levels. For each Risk Sub-
Factor, ICC calculates the P/LGD as the worst credit event outcome, and 
for each Risk Factor, ICC calculates the P/LGD as the sum of the worst 
credit outcomes per Risk Sub-Factor. These final P/LGD results are used 
as part of the determination of risk requirements.\8\
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    \8\ Id.
---------------------------------------------------------------------------

    ICC proposed changes to its LGD framework at the Risk Factor level 
with respect to the LGD calculation. Specifically, ICC proposed a 
change to its approach by incorporating more consistency in the 
calculation of the P/LGD by using the same recovery rate scenarios 
applied to the different Risk Sub-Factors which are part of the 
considered Risk Factor. For each Risk

[[Page 11571]]

Factor, ICC would continue to calculate an ``extreme outcome'' as the 
sum of the worst Risk Sub-Factor P/LGDs across all scenarios and would 
also, for each Risk Factor, calculate an ``expected outcome'' as the 
worst sum of all the Risk Sub-Factors P/LGDs across all of the same 
scenarios. Under the proposed changes, ICC would then combine the 
results of the ``extreme outcome'' calculation and the ``expected 
outcome'' calculation to compute the total LGD for each Risk Factor.\9\ 
ICC proposed to apply a weight of 25% to the extreme outcome component 
in order to implement certain requirements of relevant regulatory 
technical standards arising under the European Market Infrastructure 
Regulation.\10\
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    \9\ Id. at 3821-22.
    \10\ See Commission Delegated Regulation (EU) No 153/2013 
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. As a third-country central 
counterparty recognized by the European Securities and Markets 
Authority, ICC is subject to the requirements of the European Market 
Infrastructure Regulation and associated regulatory technical 
standards.
---------------------------------------------------------------------------

    ICC also proposed to expand its LGD analysis to incorporate a new 
``Risk Factor Group'' level. Under the proposed changes, a set of 
related Risk Factors would form a Risk Factor Group based on either (1) 
having a common majority parental sovereign ownership (e.g. quasi-
sovereigns and sovereigns), or (2) being a majority owned subsidiary of 
a common parent entity according to the Bloomberg Related Securities 
Analysis. ICC noted that a Risk Factor Group could consist of only one 
Risk Factor.\11\
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    \11\ Notice, 82 FR at 3822.
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    Under the proposed revisions, ICC would calculate the total 
quantity LGD on a Risk Factor Group level, and account for the exposure 
due to credit events associated with the reference entities within a 
given Risk Factor Group. Where a Risk Factor Group contains only one 
Risk Factor, ICC would compute the LGD as the risk exposure due to a 
credit event for a given underlying reference entity. Moreover, under 
the proposed approach, ICC would sum the P/LGDs for each Risk Factor in 
a given Risk Factor Group, with limited offsets in the event the Risk 
Factors exhibit positive P/LGD. Using the results of the above 
calculation, ICC would obtain the Risk Factor Group level LGD. The 
proposed approach would also include a calculation which allows for the 
Risk Factor Group level LGD to be attributed to each Risk Factor within 
the considered Risk Factor Group.\12\
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    \12\ Id.
---------------------------------------------------------------------------

    In addition to these changes, ICC also proposed changes to various 
components of its Risk Management Model Description Document. 
Specifically, the ``Loss Given Default Risk Analysis'' section of its 
Risk Management Model Description Document would be changed to 
incorporate the Risk Factor and Risk Factor Group LGD calculation 
changes described above. ICC also proposed certain conforming changes 
to other sections of the Risk Management Description Document to 
incorporate these methodology changes and reflect the Risk Factor Group 
analysis.\13\
---------------------------------------------------------------------------

    \13\ Id.
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    ICC also proposed further changes with respect to the 
`Idiosyncratic Jump-to-Default Requirements' section of the Risk 
Management Model Description document. As currently constructed, the 
portfolio jump-to-default approach collateralizes the worst 
uncollateralized LGD (``ULGD'') exposure among all Risk Factors. Under 
the proposed changes, the portfolio Jump-to-Default (``JTD'') approach 
will collateralize, through the portfolio JTD initial margin 
requirement that accounts for the Risk Factor Group-specific LGD 
collateralization, the worst ULGD exposure among all Risk Factor 
Groups. The ULGD exposure for a given Risk Factor Group would be 
calculated as a sum of the associated Risk Factor ULGDs.\14\
---------------------------------------------------------------------------

    \14\ Id.
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    ICC also proposed certain minor edits to the ``Portfolio Level 
Wrong-Way Risk and Contagion Risk Analysis'' section to update language 
and calculation descriptions to accommodate the introduction of the 
Risk Factor Group to the ``Idiosyncratic Jump-to-Default Requirements'' 
section.\15\
---------------------------------------------------------------------------

    \15\ Id.
---------------------------------------------------------------------------

    In addition, ICC proposed changes to the ``Guaranty Fund 
Methodology'' section. ICC's current Guaranty Fund Methodology 
includes, among other things, the assumption that up to three credit 
events, different from the ones associated with Clearing Participants, 
occur during the considered risk horizon. ICC proposed expanding this 
approach to the Risk Factor Group level by assuming that credit events 
associated with up to three Risk Factor Groups, different from the ones 
associated with the Clearing Participants and the Risk Factors that are 
in the Risk Factor Groups as the Clearing Participants, occur during 
the considered risk horizon.\16\
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    \16\ Id.
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    Other proposed changes to the Risk Management Model Description 
Document included clarifications to the calculation for the Specific 
Wrong Way Risk component of the Guaranty Fund. Currently, for a given 
Clearing Participant, the Specific Wrong Way Risk component of the 
Guaranty Fund is based on self-referencing positions arising from one 
or more Risk Factors. ICC proposed clarifying this approach to be based 
on the Risk Factor Group level instead.\17\
---------------------------------------------------------------------------

    \17\ Id.
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    ICC proposed certain conforming changes to its Risk Management 
Framework, Liquidity Risk Management Framework, and Stress Testing 
Framework, to reflect the LGD enhancements described above. With 
respect to the Risk Management Framework, ICC proposed revisions to the 
``Jump-to-Default Requirements'' section to note that the worst LGD 
associated with a Risk Factor Group is selected to establish the 
portfolio idiosyncratic JTD requirement. ICC also proposed revisions to 
the ``Guaranty Fund'' section of the Risk Management Framework to 
reflect the Risk Factor Group LGD enhancements related to ICC's 
Guaranty Fund calculation.\18\
---------------------------------------------------------------------------

    \18\ Id.
---------------------------------------------------------------------------

    Regarding its Stress Testing Framework, ICC proposed changes to its 
stress testing methodology to incorporate reference entity group level 
changes (also referred to by ICC as the Risk Factor Group level). 
Currently, ICC utilizes scenarios based on hypothetically constructed 
(forward looking) extreme but plausible market scenarios augmented with 
adverse credit events affecting up to two additional reference entities 
per Clearing Participant affiliate group. ICC proposed expanding its 
adverse credit event analysis to include up to two additional reference 
entity groups, and also proposed that the selected Risk Factor Group 
for stress testing purposes must contain one or more reference entities 
displaying a 500 bps or greater 1-year end-of-day spread level in order 
to be subjected to credit events. ICC also proposed changes to its 
reverse stress testing, general wrong way risk, and contagion stress 
testing analyses, to be at the Risk Factor Group level, and proposed 
removing Risk Factor level references under its Recovery Rate 
Sensitivity analysis to be consistent with the proposed changes related 
to Risk Factor Groups.\19\
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

    Finally, with respect to ICC's Liquidity Risk Management Framework, 
ICC proposed changes to base the liquidity stress testing methodology 
on the reference entity group level (also referred to as the Risk 
Factor Group

[[Page 11572]]

level). Currently, ICC utilizes scenarios based on hypothetically 
constructed (forward looking) extreme but plausible market scenarios 
augmented with adverse credit events affecting up to two additional 
reference entities per Clearing Participant affiliate group. ICC 
proposed expanding its adverse credit event analysis to include up to 
two additional reference entity groups. Similar to the Stress Testing 
Framework, ICC also proposed that the selected Risk Factor Group for 
liquidity stress testing purposes must contain one or more reference 
entities displaying a 500 bps or greater 1-year end-of-day spread level 
in order to be subjected to credit events. ICC also proposed adding 
additional language to the Liquidity Risk Management Framework 
detailing the rationale behind the selection of the 500 bps threshold 
to be consistent with its Stress Testing Framework.\20\
---------------------------------------------------------------------------

    \20\ Id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a 
proposed rule change of a self-regulatory organization if it finds that 
such proposed rule change is consistent with the requirements of the 
Act and the rules and regulations thereunder applicable to such 
organization.\21\ For the reasons given below, the Commission finds 
that the proposal is consistent with Section 17A(b)(3)(F) of the Act, 
and Rules 17Ad-22(b)(2) and (b)(3).
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2)(C).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that 
the rules of a registered clearing agency be designed to promote the 
prompt and accurate clearance and settlement of securities transactions 
and, to the extent applicable, derivative agreements, contracts, and 
transactions, to assure the safeguarding of securities and funds which 
are in the custody or control of the clearing agency or for which it is 
responsible and, in general, to protect investors and the public 
interest.\22\ The proposed rule change will provide for the clearance 
and settlement of the Standard European Senior Non-Preferred Financial 
Corporate, a new type of transaction that is similar to contracts 
already cleared by ICC.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Separately, as described above, the proposed rule change would also 
provide for certain revisions to ICC's risk management methodology with 
respect to ICC's LGD methodology. These changes entail (i) 
incorporating a more consistent approach with respect to ICC's recovery 
rate scenarios through the application of the same recovery rate 
scenarios to risk factors that form part of the same Risk Factor Group, 
(ii) combining the results of the ``expected'' and ``extreme'' P/LGD 
outcomes in order to calculate the total LGD for each Risk Factor, 
(iii) expanding ICC's LGD analysis to a new Risk Factor Group level, 
(iv) revising the calculation of the Uncollateralized Loss Given 
Default to incorporate the Risk Factor Group level LGD approach, and 
(v) modifying ICC's Guaranty Fund Methodology to expand the credit 
event analysis to include the Risk Factor Group approach.
    Based on a review of the Notice, the Commission believes that the 
Standard European Senior Non-Preferred Financial Corporate transaction 
type is substantially similar to other contracts cleared by ICC. As 
such, the Commission believes that ICC's existing clearing 
arrangements, and related financial safeguards (including as further 
modified by the proposed rule change), protections and risk management 
procedures will apply to this new product on a substantially similar 
basis to the other contracts currently cleared by ICC.
    Moreover, the Commission believes that the proposed changes to 
ICC's risk management framework described above will enhance the manner 
by which ICC considers and manages the risks particular to the range of 
contracts it clears, including the new Standard European Senior Non-
Preferred Financial Corporate contract, because such changes will 
enable ICC's ability to more accurately consider the particular risks 
of each type of security-based swap (``SBS'') product it clears. 
Therefore, the Commission finds that the proposed rule change is 
intended to promote the prompt and accurate clearance and settlement of 
securities transactions and derivatives agreements, contracts, and 
transactions, as well as to assure the safeguarding of securities and 
funds which are in the custody or control of the clearing agency or for 
which it is responsible and, in general, to protect investors and the 
public interest, and is therefore consistent with Section 17A(b)(3)(F) 
of the Act.\23\
---------------------------------------------------------------------------

    \23\ Id.
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(b)(2)

    The Commission further finds that the proposed rule change is 
consistent with Rule 17Ad-22(b)(2). Rule 17Ad-22(b)(2) requires, in 
relevant part, a registered clearing agency that performs central 
counterparty services to establish, implement, maintain and enforce 
written policies and procedures reasonably designed to use margin 
requirements to limit the registered clearing agency's credit exposures 
to participants under normal market conditions and use risk-based 
models and parameters to set margin requirements.\24\ As described 
above, the proposed changes would (i) amend the manner in which ICC 
calculates its Risk Factor-level LGD, (ii) expand the LGD analysis to 
the Risk Factor Group level, and (iii) amend the approach to 
calculating the Uncollateralized LGD to incorporate the Risk Factor 
Group level approach. Specifically, ICC would calculate, for each Risk 
Factor, an extreme outcome as the sum of the worst Risk Sub-factor P/
LGDs across all scenarios, and an expected outcome as the worst sum of 
all Risk Sub-factor P/LGDs using the same scenarios, and then add the 
two components to determine the total LGD for each Risk Factor.
---------------------------------------------------------------------------

    \24\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

    The LGD analysis would also be modified to group individual Risk 
Factors into Risk Factor Groups, and would result in the total LGD 
being the sum of the P/LGDs for each Risk Factor within the Risk Factor 
Group. The Commission believes that by making these changes, ICC will 
augment its ability to more accurately consider the risks associated 
with the SBS products it clears, including the Standard European Senior 
Non-Preferred Financial Corporate transaction type.
    As a result, the Commission believes that the proposed rule changes 
will enable ICC to more accurately determine and collect the amount of 
resources necessary to limit its credit exposures under normal market 
conditions, including credit exposures resulting from clearing the new 
transaction type, through the use of risk-based models. Therefore the 
Commission finds that the proposed rule change is consistent with Rule 
17Ad-22(b)(2).\25\
---------------------------------------------------------------------------

    \25\ Id.
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(b)(3)

    The Commission further finds that the proposed rule change is 
consistent with Rule 17Ad-22(b)(3). Rule 17Ad-22(b)(3) requires, in 
relevant part, a registered clearing agency that performs central 
counterparty services for SBS to establish, implement, maintain and 
enforce written policies and procedures that are reasonably designed to 
maintain sufficient financial resources to withstand, at a minimum, a 
default by the two participant families to which it

[[Page 11573]]

has the largest exposures in extreme but plausible market 
conditions.\26\ As described above, the proposed rule change would 
amend certain assumptions in ICC's Guaranty Fund Methodology, and the 
calculation of the Specific Wrong Way Risk component, by incorporating 
the new Risk Factor Group level analysis. Specifically, ICC would 
expand its current approach to assume that credit events used in the 
guaranty fund analysis occur at the Risk Factor Group level, and would 
also base the specific wrong-way risk component of its guaranty fund 
methodology on the Risk Factor Group approach.
---------------------------------------------------------------------------

    \26\ 17 CFR 240.17Ad-22(b)(3).
---------------------------------------------------------------------------

    As with the changes to the LGD approach, the Commission believes 
that the proposed changes to ICC's Guaranty Fund Methodology will 
permit ICC to consider the particular risks associated with the 
products it clears, including the Standard European Senior Non-
Preferred Financial Corporate transaction type that will be cleared as 
a result of the proposed changes to ICC's Rules described above. As a 
result, the Commission believes that the proposed changes will enable 
ICC's to more accurately measure the risks of associated with the 
products it clears and thereby improve ICC's ability to collect and 
maintain the level of financial resources necessary to address the risk 
of default by its participants. Therefore, the Commission finds that 
the proposed rule change is consistent with Rule 17Ad-22(b)(3).\27\
---------------------------------------------------------------------------

    \27\ Id.
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposed rule change is consistent with the requirements of the Act and 
in particular with the requirements of Section 17A of the Act,\28\ and 
Rules 17Ad-22(b)(2) and (3) thereunder.\29\
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    \28\ 15 U.S.C. 78q-1.
    \29\ 17 CFR 240.17Ad-22(b)(2) and (3).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the Act 
\30\ that the proposed rule change (SR-ICC-2018-001) be, and hereby is, 
approved.\31\
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    \30\ 15 U.S.C. 78s(b)(2).
    \31\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).
    \32\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\32\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05295 Filed 3-14-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                11570                        Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Notices

                                                FOR FURTHER INFORMATION CONTACT:                        SECURITIES AND EXCHANGE                               include the Standard European Senior
                                                Elizabeth A. Reed, 202–268–3179.                        COMMISSION                                            Non-Preferred Financial Corporate
                                                                                                                                                              transaction type as an Eligible STEFC
                                                SUPPLEMENTARY INFORMATION:     The                      [Release No. 34–82853; File No. SR–ICC–
                                                                                                                                                              Reference Entity to be cleared by ICC.5
                                                United States Postal Service® hereby                    2018–001]
                                                                                                                                                                 ICC also proposed amending Rule
                                                gives notice that, pursuant to 39 U.S.C.                                                                      26H–102 to state that for a STEFC
                                                3642 and 3632(b)(3), on March 9, 2018,                  Self-Regulatory Organizations; ICE
                                                                                                        Clear Credit LLC; Order Approving                     Reference Entity where the transaction
                                                it filed with the Postal Regulatory                                                                           type is the Standard European Senior
                                                                                                        Proposed Rule Change Relating to the
                                                Commission a USPS Request to Add                                                                              Non-Preferred Financial Corporate, the
                                                                                                        ICC Rules, ICC Risk Management
                                                Priority Mail Contract 424 to                           Model Description Document, ICC Risk                  STEFC Contracts Reference Obligation
                                                Competitive Product List. Documents                     Management Framework, ICC Stress                      shall be determined in accordance with
                                                are available at www.prc.gov, Docket                    Testing Framework, and ICC Liquidity                  the Additional Provisions for Senior
                                                Nos. MC2018–130, CP2018–180.                            Risk Management Framework                             Non-Preferred Reference Obligations as
                                                                                                                                                              published by the International Swaps
                                                Elizabeth A. Reed,                                      March 12, 2018.                                       and Derivatives Association. In
                                                Attorney, Corporate and Postal Business Law.                                                                  addition, ICC proposed to incorporate
                                                                                                        I. Introduction
                                                [FR Doc. 2018–05224 Filed 3–14–18; 8:45 am]                                                                   certain conforming changes to Rule
                                                BILLING CODE 7710–12–P                                     On January 16, 2018, ICE Clear Credit              26H–303 and Rule 26H–315 to add
                                                                                                        LLC (‘‘ICC’’) filed with the Securities               references to the new transaction type.6
                                                                                                        and Exchange Commission
                                                                                                        (‘‘Commission’’), pursuant to Section                 B. Changes to ICC Risk Management
                                                POSTAL SERVICE
                                                                                                        19(b)(1) of the Securities Exchange Act               Methodology
                                                Product Change—Priority Mail Express                    of 1934 (‘‘Act’’),1 and Rule 19b–4                       As currently constructed, ICC’s risk
                                                and Priority Mail Negotiated Service                    thereunder,2 a proposed rule change                   management methodology takes into
                                                Agreement                                               (SR–ICC–2018–001) to revise: (i) ICC’s                consideration the potential losses
                                                                                                        Clearing Rules to support the clearing of             associated with idiosyncratic credit
                                                AGENCY:    Postal Service TM.                           a new transaction type; and (ii) the ICC              events, which ICC refers to as ‘‘Loss-
                                                                                                        Risk Management Model Description                     Given Default’’ or ‘‘LGD.’’ ICC deems
                                                ACTION:   Notice.                                       Document, the ICC Risk Management                     each Single Name (‘‘SN’’) reference
                                                                                                        Framework, the ICC Stress Testing                     entity a Risk Factor, and each
                                                SUMMARY:    The Postal Service gives                    Framework, and the ICC Liquidity Risk                 combination of definition, doc-clause,
                                                notice of filing a request with the Postal              Management Framework to incorporate                   tier, and currency for a given SN Risk
                                                Regulatory Commission to add a                          certain modifications to its risk                     Factor as a SN Risk Sub-Factor. ICC
                                                domestic shipping services contract to                  management methodology.3 The                          currently measures losses associated
                                                the list of Negotiated Service                          proposed rule change was published for                with credit events through a stress-
                                                Agreements in the Mail Classification                   comment in the Federal Register on                    based approach incorporating three
                                                Schedule’s Competitive Products List.                   January 26, 2018.4 The Commission did                 recovery rate scenarios: A minimum
                                                                                                        not receive comments on the proposed                  recovery rate, an expected recovery rate,
                                                DATES: Date of required notice: March
                                                                                                        rule change. For the reasons discussed                and maximum recovery rate. ICC
                                                15, 2018.
                                                                                                        below, the Commission is approving the                combines exposures for Outright and
                                                FOR FURTHER INFORMATION CONTACT:                        proposed rule change.                                 index-derived Risk Sub-Factors at each
                                                Elizabeth A. Reed, 202–268–3179.                                                                              recovery rate scenario.7
                                                                                                        II. Description of the Proposed Rule
                                                                                                                                                                 ICC currently uses the results from the
                                                SUPPLEMENTARY INFORMATION:     The                      Change
                                                                                                                                                              recovery rate scenarios as an input into
                                                United States Postal Service ® hereby                      ICC proposed revisions to its Rules,               the Profit/Loss-Given-Default (‘‘P/LGD’’)
                                                gives notice that, pursuant to 39 U.S.C.                Risk Management Model Description                     calculations at both the Risk Sub-Factor
                                                3642 and 3632(b)(3), on March 9, 2018,                  Document, Risk Management                             and Risk Factor levels. For each Risk
                                                it filed with the Postal Regulatory                     Framework, Stress Testing Framework,                  Sub-Factor, ICC calculates the P/LGD as
                                                Commission a USPS Request to Add                        and Liquidity Risk Management                         the worst credit event outcome, and for
                                                Priority Mail Express & Priority Mail                   Framework in order to provide for the                 each Risk Factor, ICC calculates the P/
                                                Contract 62 to Competitive Product List.                clearing of a new transaction type, the               LGD as the sum of the worst credit
                                                Documents are available at                              Standard European Senior Non-                         outcomes per Risk Sub-Factor. These
                                                www.prc.gov, Docket Nos. MC2018–129,                    Preferred Financial Corporate, and to                 final P/LGD results are used as part of
                                                CP2018–179.                                             provide for revised risk management                   the determination of risk requirements.8
                                                                                                        practices.                                               ICC proposed changes to its LGD
                                                Elizabeth A. Reed,                                                                                            framework at the Risk Factor level with
                                                Attorney, Corporate and Postal Business Law.
                                                                                                        A. Changes to ICC Rules
                                                                                                                                                              respect to the LGD calculation.
                                                [FR Doc. 2018–05223 Filed 3–14–18; 8:45 am]                ICC proposed amending Rule 26H–                    Specifically, ICC proposed a change to
                                                BILLING CODE 7710–12–P
                                                                                                        102, which sets forth the List of Eligible            its approach by incorporating more
                                                                                                        Standard European Financial Corporate                 consistency in the calculation of the P/
                                                                                                        (‘‘STEFC’’) Reference Entities, to                    LGD by using the same recovery rate
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              scenarios applied to the different Risk
                                                                                                          1 15  U.S.C. 78s(b)(1).                             Sub-Factors which are part of the
                                                                                                          2 17  CFR 240.19b–4.
                                                                                                           3 Capitalized terms used in this order, but not
                                                                                                                                                              considered Risk Factor. For each Risk
                                                                                                        defined herein, have the same meaning as in the
                                                                                                                                                                5 Notice,   82 FR at 3821.
                                                                                                        ICC Clearing Rules.
                                                                                                           4 Securities Exchange Act Release No. 34–82542       6 Id.
                                                                                                                                                                7 Id.
                                                                                                        (January 19, 2018), 83 FR 3821 (January 26, 2018)
                                                                                                        (SR–ICC–2018–001) (‘‘Notice’’).                         8 Id.




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                                                                             Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Notices                                            11571

                                                Factor, ICC would continue to calculate                   In addition to these changes, ICC also              calculation for the Specific Wrong Way
                                                an ‘‘extreme outcome’’ as the sum of the                proposed changes to various                           Risk component of the Guaranty Fund.
                                                worst Risk Sub-Factor P/LGDs across all                 components of its Risk Management                     Currently, for a given Clearing
                                                scenarios and would also, for each Risk                 Model Description Document.                           Participant, the Specific Wrong Way
                                                Factor, calculate an ‘‘expected outcome’’               Specifically, the ‘‘Loss Given Default                Risk component of the Guaranty Fund is
                                                as the worst sum of all the Risk Sub-                   Risk Analysis’’ section of its Risk                   based on self-referencing positions
                                                Factors P/LGDs across all of the same                   Management Model Description                          arising from one or more Risk Factors.
                                                scenarios. Under the proposed changes,                  Document would be changed to                          ICC proposed clarifying this approach to
                                                ICC would then combine the results of                   incorporate the Risk Factor and Risk                  be based on the Risk Factor Group level
                                                the ‘‘extreme outcome’’ calculation and                 Factor Group LGD calculation changes                  instead.17
                                                the ‘‘expected outcome’’ calculation to                 described above. ICC also proposed                       ICC proposed certain conforming
                                                compute the total LGD for each Risk                     certain conforming changes to other                   changes to its Risk Management
                                                Factor.9 ICC proposed to apply a weight                 sections of the Risk Management                       Framework, Liquidity Risk Management
                                                of 25% to the extreme outcome                           Description Document to incorporate                   Framework, and Stress Testing
                                                component in order to implement                         these methodology changes and reflect                 Framework, to reflect the LGD
                                                certain requirements of relevant                        the Risk Factor Group analysis.13                     enhancements described above. With
                                                regulatory technical standards arising                    ICC also proposed further changes                   respect to the Risk Management
                                                under the European Market                               with respect to the ‘Idiosyncratic Jump-              Framework, ICC proposed revisions to
                                                Infrastructure Regulation.10                            to-Default Requirements’ section of the               the ‘‘Jump-to-Default Requirements’’
                                                   ICC also proposed to expand its LGD                  Risk Management Model Description                     section to note that the worst LGD
                                                analysis to incorporate a new ‘‘Risk                    document. As currently constructed, the               associated with a Risk Factor Group is
                                                Factor Group’’ level. Under the                         portfolio jump-to-default approach                    selected to establish the portfolio
                                                proposed changes, a set of related Risk                 collateralizes the worst uncollateralized             idiosyncratic JTD requirement. ICC also
                                                Factors would form a Risk Factor Group                  LGD (‘‘ULGD’’) exposure among all Risk                proposed revisions to the ‘‘Guaranty
                                                based on either (1) having a common                     Factors. Under the proposed changes,                  Fund’’ section of the Risk Management
                                                majority parental sovereign ownership                   the portfolio Jump-to-Default (‘‘JTD’’)               Framework to reflect the Risk Factor
                                                (e.g. quasi-sovereigns and sovereigns),                 approach will collateralize, through the              Group LGD enhancements related to
                                                or (2) being a majority owned subsidiary                portfolio JTD initial margin requirement              ICC’s Guaranty Fund calculation.18
                                                of a common parent entity according to                  that accounts for the Risk Factor Group-                 Regarding its Stress Testing
                                                the Bloomberg Related Securities                        specific LGD collateralization, the worst             Framework, ICC proposed changes to its
                                                Analysis. ICC noted that a Risk Factor                  ULGD exposure among all Risk Factor                   stress testing methodology to
                                                Group could consist of only one Risk                    Groups. The ULGD exposure for a given                 incorporate reference entity group level
                                                Factor.11                                               Risk Factor Group would be calculated                 changes (also referred to by ICC as the
                                                   Under the proposed revisions, ICC                    as a sum of the associated Risk Factor                Risk Factor Group level). Currently, ICC
                                                would calculate the total quantity LGD                  ULGDs.14                                              utilizes scenarios based on
                                                on a Risk Factor Group level, and                         ICC also proposed certain minor edits               hypothetically constructed (forward
                                                account for the exposure due to credit                  to the ‘‘Portfolio Level Wrong-Way Risk               looking) extreme but plausible market
                                                events associated with the reference                    and Contagion Risk Analysis’’ section to              scenarios augmented with adverse
                                                entities within a given Risk Factor                     update language and calculation                       credit events affecting up to two
                                                Group. Where a Risk Factor Group                        descriptions to accommodate the                       additional reference entities per
                                                contains only one Risk Factor, ICC                      introduction of the Risk Factor Group to              Clearing Participant affiliate group. ICC
                                                would compute the LGD as the risk                       the ‘‘Idiosyncratic Jump-to-Default                   proposed expanding its adverse credit
                                                exposure due to a credit event for a                    Requirements’’ section.15                             event analysis to include up to two
                                                given underlying reference entity.                        In addition, ICC proposed changes to                additional reference entity groups, and
                                                Moreover, under the proposed                            the ‘‘Guaranty Fund Methodology’’                     also proposed that the selected Risk
                                                approach, ICC would sum the P/LGDs                      section. ICC’s current Guaranty Fund                  Factor Group for stress testing purposes
                                                for each Risk Factor in a given Risk                    Methodology includes, among other                     must contain one or more reference
                                                Factor Group, with limited offsets in the               things, the assumption that up to three               entities displaying a 500 bps or greater
                                                event the Risk Factors exhibit positive                 credit events, different from the ones                1-year end-of-day spread level in order
                                                P/LGD. Using the results of the above                   associated with Clearing Participants,                to be subjected to credit events. ICC also
                                                calculation, ICC would obtain the Risk                  occur during the considered risk                      proposed changes to its reverse stress
                                                Factor Group level LGD. The proposed                    horizon. ICC proposed expanding this                  testing, general wrong way risk, and
                                                approach would also include a                           approach to the Risk Factor Group level               contagion stress testing analyses, to be
                                                calculation which allows for the Risk                   by assuming that credit events                        at the Risk Factor Group level, and
                                                Factor Group level LGD to be attributed                 associated with up to three Risk Factor               proposed removing Risk Factor level
                                                to each Risk Factor within the                          Groups, different from the ones                       references under its Recovery Rate
                                                considered Risk Factor Group.12                         associated with the Clearing                          Sensitivity analysis to be consistent
                                                                                                        Participants and the Risk Factors that                with the proposed changes related to
                                                  9 Id.at 3821–22.                                      are in the Risk Factor Groups as the                  Risk Factor Groups.19
                                                  10 See Commission Delegated Regulation (EU) No
                                                                                                        Clearing Participants, occur during the                  Finally, with respect to ICC’s
                                                153/2013 supplementing Regulation (EU) No 648/
                                                2012 of the European Parliament and of the Council      considered risk horizon.16                            Liquidity Risk Management Framework,
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                                                with regard to regulatory technical standards on          Other proposed changes to the Risk                  ICC proposed changes to base the
                                                requirements for central counterparties. As a third-    Management Model Description                          liquidity stress testing methodology on
                                                country central counterparty recognized by the                                                                the reference entity group level (also
                                                European Securities and Markets Authority, ICC is
                                                                                                        Document included clarifications to the
                                                subject to the requirements of the European Market                                                            referred to as the Risk Factor Group
                                                                                                          13 Id.
                                                Infrastructure Regulation and associated regulatory
                                                technical standards.                                      14 Id.                                                17 Id.
                                                  11 Notice, 82 FR at 3822.                               15 Id.                                                18 Id.
                                                  12 Id.                                                  16 Id.                                                19 Id.




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                                                11572                               Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Notices

                                                level). Currently, ICC utilizes scenarios                  respect to ICC’s LGD methodology.                     counterparty services to establish,
                                                based on hypothetically constructed                        These changes entail (i) incorporating a              implement, maintain and enforce
                                                (forward looking) extreme but plausible                    more consistent approach with respect                 written policies and procedures
                                                market scenarios augmented with                            to ICC’s recovery rate scenarios through              reasonably designed to use margin
                                                adverse credit events affecting up to two                  the application of the same recovery rate             requirements to limit the registered
                                                additional reference entities per                          scenarios to risk factors that form part              clearing agency’s credit exposures to
                                                Clearing Participant affiliate group. ICC                  of the same Risk Factor Group, (ii)                   participants under normal market
                                                proposed expanding its adverse credit                      combining the results of the ‘‘expected’’             conditions and use risk-based models
                                                event analysis to include up to two                        and ‘‘extreme’’ P/LGD outcomes in                     and parameters to set margin
                                                additional reference entity groups.                        order to calculate the total LGD for each             requirements.24 As described above, the
                                                Similar to the Stress Testing                              Risk Factor, (iii) expanding ICC’s LGD                proposed changes would (i) amend the
                                                Framework, ICC also proposed that the                      analysis to a new Risk Factor Group                   manner in which ICC calculates its Risk
                                                selected Risk Factor Group for liquidity                   level, (iv) revising the calculation of the           Factor-level LGD, (ii) expand the LGD
                                                stress testing purposes must contain one                   Uncollateralized Loss Given Default to                analysis to the Risk Factor Group level,
                                                or more reference entities displaying a                    incorporate the Risk Factor Group level               and (iii) amend the approach to
                                                500 bps or greater 1-year end-of-day                       LGD approach, and (v) modifying ICC’s                 calculating the Uncollateralized LGD to
                                                spread level in order to be subjected to                   Guaranty Fund Methodology to expand                   incorporate the Risk Factor Group level
                                                credit events. ICC also proposed adding                    the credit event analysis to include the              approach. Specifically, ICC would
                                                additional language to the Liquidity                       Risk Factor Group approach.                           calculate, for each Risk Factor, an
                                                Risk Management Framework detailing                           Based on a review of the Notice, the               extreme outcome as the sum of the
                                                the rationale behind the selection of the                  Commission believes that the Standard                 worst Risk Sub-factor P/LGDs across all
                                                500 bps threshold to be consistent with                    European Senior Non-Preferred                         scenarios, and an expected outcome as
                                                its Stress Testing Framework.20                            Financial Corporate transaction type is               the worst sum of all Risk Sub-factor P/
                                                                                                           substantially similar to other contracts              LGDs using the same scenarios, and
                                                III. Discussion and Commission                             cleared by ICC. As such, the                          then add the two components to
                                                Findings                                                   Commission believes that ICC’s existing               determine the total LGD for each Risk
                                                   Section 19(b)(2)(C) of the Act directs                  clearing arrangements, and related                    Factor.
                                                the Commission to approve a proposed                       financial safeguards (including as                       The LGD analysis would also be
                                                rule change of a self-regulatory                           further modified by the proposed rule                 modified to group individual Risk
                                                organization if it finds that such                         change), protections and risk                         Factors into Risk Factor Groups, and
                                                proposed rule change is consistent with                    management procedures will apply to                   would result in the total LGD being the
                                                the requirements of the Act and the                        this new product on a substantially                   sum of the P/LGDs for each Risk Factor
                                                rules and regulations thereunder                           similar basis to the other contracts                  within the Risk Factor Group. The
                                                applicable to such organization.21 For                     currently cleared by ICC.                             Commission believes that by making
                                                the reasons given below, the                                  Moreover, the Commission believes                  these changes, ICC will augment its
                                                Commission finds that the proposal is                      that the proposed changes to ICC’s risk               ability to more accurately consider the
                                                consistent with Section 17A(b)(3)(F) of                    management framework described                        risks associated with the SBS products
                                                the Act, and Rules 17Ad-22(b)(2) and                       above will enhance the manner by                      it clears, including the Standard
                                                (b)(3).                                                    which ICC considers and manages the                   European Senior Non-Preferred
                                                                                                           risks particular to the range of contracts            Financial Corporate transaction type.
                                                A. Consistency With Section                                it clears, including the new Standard                    As a result, the Commission believes
                                                17A(b)(3)(F) of the Act                                    European Senior Non-Preferred                         that the proposed rule changes will
                                                   Section 17A(b)(3)(F) of the Act                         Financial Corporate contract, because                 enable ICC to more accurately determine
                                                requires, among other things, that the                     such changes will enable ICC’s ability to             and collect the amount of resources
                                                rules of a registered clearing agency be                   more accurately consider the particular               necessary to limit its credit exposures
                                                designed to promote the prompt and                         risks of each type of security-based                  under normal market conditions,
                                                accurate clearance and settlement of                       swap (‘‘SBS’’) product it clears.                     including credit exposures resulting
                                                securities transactions and, to the extent                 Therefore, the Commission finds that                  from clearing the new transaction type,
                                                applicable, derivative agreements,                         the proposed rule change is intended to               through the use of risk-based models.
                                                contracts, and transactions, to assure the                 promote the prompt and accurate                       Therefore the Commission finds that the
                                                safeguarding of securities and funds                       clearance and settlement of securities                proposed rule change is consistent with
                                                which are in the custody or control of                     transactions and derivatives agreements,              Rule 17Ad–22(b)(2).25
                                                the clearing agency or for which it is                     contracts, and transactions, as well as to
                                                                                                           assure the safeguarding of securities and             C. Consistency With Rule 17Ad–22(b)(3)
                                                responsible and, in general, to protect
                                                investors and the public interest.22 The                   funds which are in the custody or                       The Commission further finds that the
                                                proposed rule change will provide for                      control of the clearing agency or for                 proposed rule change is consistent with
                                                the clearance and settlement of the                        which it is responsible and, in general,              Rule 17Ad–22(b)(3). Rule 17Ad–22(b)(3)
                                                Standard European Senior Non-                              to protect investors and the public                   requires, in relevant part, a registered
                                                Preferred Financial Corporate, a new                       interest, and is therefore consistent with            clearing agency that performs central
                                                type of transaction that is similar to                     Section 17A(b)(3)(F) of the Act.23                    counterparty services for SBS to
                                                contracts already cleared by ICC.                                                                                establish, implement, maintain and
                                                                                                           B. Consistency With Rule 17Ad–22(b)(2)
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                                                   Separately, as described above, the                                                                           enforce written policies and procedures
                                                proposed rule change would also                              The Commission further finds that the               that are reasonably designed to maintain
                                                provide for certain revisions to ICC’s                     proposed rule change is consistent with               sufficient financial resources to
                                                risk management methodology with                           Rule 17Ad–22(b)(2). Rule 17Ad–22(b)(2)                withstand, at a minimum, a default by
                                                                                                           requires, in relevant part, a registered              the two participant families to which it
                                                  20 Id.                                                   clearing agency that performs central
                                                  21 15    U.S.C. 78s(b)(2)(C).                                                                                    24 17    CFR 240.17Ad–22(b)(2).
                                                  22 15    U.S.C. 78q–1(b)(3)(F).                            23 Id.                                                25 Id.




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                                                                               Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Notices                                                     11573

                                                has the largest exposures in extreme but                  SECURITIES AND EXCHANGE                               of 1933 (each a ‘‘covered security’’;
                                                plausible market conditions.26 As                         COMMISSION                                            collectively, ‘‘covered securities’’). In
                                                described above, the proposed rule                                                                              particular, the Exchange proposes to
                                                                                                          [Release No. 34–82852; File No. SR–
                                                change would amend certain                                NYSEAMER–2018–09]
                                                                                                                                                                modify Rule 915, Commentary .01(4)(a),
                                                assumptions in ICC’s Guaranty Fund                                                                              which currently requires that to list an
                                                Methodology, and the calculation of the                   Self-Regulatory Organizations; NYSE                   option, the underlying covered security
                                                Specific Wrong Way Risk component,                        American LLC; Notice of Filing and                    has to have a market price of at least
                                                by incorporating the new Risk Factor                      Immediate Effectiveness of Proposed                   $3.00 per share for the previous five
                                                Group level analysis. Specifically, ICC                   Rule Change To Amend Rule 915                         consecutive business days preceding the
                                                would expand its current approach to                                                                            date on which the Exchange submits a
                                                assume that credit events used in the                     March 9, 2018.                                        certificate to the Options Clearing
                                                guaranty fund analysis occur at the Risk                     Pursuant to Section 19(b)(1) 1 of the              Corporation (‘‘OCC’’) for listing and
                                                Factor Group level, and would also base                   Securities Exchange Act of 1934 (the                  trading. The proposal would shorten the
                                                the specific wrong-way risk component                     ‘‘Act’’),2 and Rule 19b–4 thereunder,3                current ‘‘look back’’ period of five
                                                of its guaranty fund methodology on the                   notice is hereby given that on March 6,               consecutive business days to three
                                                Risk Factor Group approach.                               2018, NYSE American LLC (the                          consecutive business days.4 The
                                                   As with the changes to the LGD                         ‘‘Exchange’’ or ‘‘NYSE American’’) filed              Exchange does not intend to amend any
                                                approach, the Commission believes that                    with the Securities and Exchange                      other criteria in Rule 915 and the
                                                the proposed changes to ICC’s Guaranty                    Commission (the ‘‘Commission’’) the                   accompanying Commentary to list an
                                                Fund Methodology will permit ICC to                       proposed rule change as described in                  option on the Exchange. This proposed
                                                consider the particular risks associated                  Items I and II below, which Items have                rule change is substantively identical to
                                                with the products it clears, including                    been prepared by the self-regulatory                  a recently-approved rule change by
                                                the Standard European Senior Non-                         organization. The Commission is                       Nasdaq PHLX LLC (‘‘Phlx’’),5 and would
                                                Preferred Financial Corporate                             publishing this notice to solicit                     align Exchange listing rules with those
                                                transaction type that will be cleared as                  comments on the proposed rule change                  of other options markets.
                                                a result of the proposed changes to ICC’s                 from interested persons.                                 The Exchange acknowledges that the
                                                Rules described above. As a result, the                   I. Self-Regulatory Organization’s                     Options Listing Procedures Plan
                                                Commission believes that the proposed                     Statement of the Terms of the Substance               (‘‘OLPP’’) 6 requires that the listing
                                                changes will enable ICC’s to more                         of the Proposed Rule Change                           certificate be provided to OCC no earlier
                                                accurately measure the risks of                                                                                 than 12:01 a.m. and no later than 11:00
                                                                                                             The Exchange proposes to amend                     a.m. (Chicago time) on the trading day
                                                associated with the products it clears                    Rule 915 (Criteria for Underlying
                                                and thereby improve ICC’s ability to                                                                            prior to the day on which trading is to
                                                                                                          Securities). The proposed rule change is              begin.7 The proposed amendment
                                                collect and maintain the level of                         available on the Exchange’s website at
                                                financial resources necessary to address                                                                        would still comport with that
                                                                                                          www.nyse.com, at the principal office of              requirement. For example, if an initial
                                                the risk of default by its participants.                  the Exchange, and at the Commission’s
                                                Therefore, the Commission finds that                                                                            public offering (‘‘IPO’’) occurs at 11 a.m.
                                                                                                          Public Reference Room.                                on Monday, the earliest date the
                                                the proposed rule change is consistent
                                                with Rule 17Ad–22(b)(3).27                                II. Self-Regulatory Organization’s                    Exchange could submit its listing
                                                                                                          Statement of the Purpose of, and                      certificate to OCC would be on
                                                IV. Conclusion                                            Statutory Basis for, the Proposed Rule                Thursday by 12:01 a.m. (Chicago time),
                                                  On the basis of the foregoing, the                      Change                                                with the market price determined by the
                                                Commission finds that the proposed                                                                              closing price over the three-day period
                                                                                                             In its filing with the Commission, the
                                                rule change is consistent with the                        self-regulatory organization included                    4 See proposed Rule 915, Commentary .01(4)(a)
                                                requirements of the Act and in                            statements concerning the purpose of,                 (providing that the market price per share of an
                                                particular with the requirements of                       and basis for, the proposed rule change               covered security is ‘‘at least $3.00 for the previous
                                                Section 17A of the Act,28 and Rules                       and discussed any comments it received                three consecutive business days preceding the date
                                                17Ad–22(b)(2) and (3) thereunder.29                                                                             on which the Exchange submits a certificate to [the
                                                                                                          on the proposed rule change. The text                 OCC] for listing and trading, as measured by the
                                                  It is therefore ordered pursuant to                     of those statements may be examined at                closing price reported in the primary market in
                                                Section 19(b)(2) of the Act 30 that the                   the places specified in Item IV below.                which the underlying security is traded’’).
                                                proposed rule change (SR–ICC–2018–                        The Exchange has prepared summaries,
                                                                                                                                                                   5 See Securities Exchange Act Release No. 82474

                                                001) be, and hereby is, approved.31                                                                             (January 9, 2018), 83 FR 2240 (January 16, 2018)
                                                                                                          set forth in sections A, B, and C below,              (SR–Phlx–2017–75) (Order approving amendment
                                                  For the Commission, by the Division of                  of the most significant parts of such                 to Rule 1009 to modify the criteria for listing an
                                                Trading and Markets, pursuant to delegated                statements.                                           option on an underlying covered security).
                                                                                                                                                                   6 The OLPP (a/k/a the Plan for the Purpose of
                                                authority.32
                                                                                                          A. Self-Regulatory Organization’s                     Developing and Implementing Procedures Designed
                                                Eduardo A. Aleman,                                                                                              to Facilitate the Listing and Trading of
                                                                                                          Statement of the Purpose of, and
                                                Assistant Secretary.                                                                                            Standardized Options Submitted Pursuant to
                                                                                                          Statutory Basis for, the Proposed Rule                Section 11a(2)(3)(B) of the Securities Exchange Act
                                                [FR Doc. 2018–05295 Filed 3–14–18; 8:45 am]               Change                                                of 1934) is a national market system plan that,
                                                BILLING CODE 8011–01–P                                                                                          among other things, sets forth procedures governing
                                                                                                          1. Purpose                                            the listing of new options series. See Securities
                                                  26 17    CFR 240.17Ad–22(b)(3).                            The purpose of the proposed rule                   Exchange Act Release No. 44521 (July 6, 2001), 66
                                                                                                                                                                FR 36809 (July 13, 2001) (Order approving OLPP).
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                                                  27 Id.
                                                                                                          change is to amend Rule 915 to modify                 The sponsors of OLPP include the Exchange; OCC;
                                                  28 15  U.S.C. 78q–1.                                    the criteria for listing options on an                BATS Exchange, Inc.; BOX Options Exchange LLC;
                                                  29 17  CFR 240.17Ad–22(b)(2) and (3).
                                                   30 15 U.S.C. 78s(b)(2).
                                                                                                          underlying security as defined in                     C2 Options Exchange, Inc.; Chicago Board Options
                                                                                                          Section 18(b)(1)(A) of the Securities Act             Exchange, Inc.; EDGX Exchange, Inc.; Miami
                                                   31 In approving the proposed rule change, the                                                                International Securities Exchange, LLC; MIAX
                                                Commission considered the proposal’s impact on                                                                  PEARL, LLC; Phlx; Nasdaq BX, Inc.; Nasdaq GEMX,
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                efficiency, competition, and capital formation. 15                                                              LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; and
                                                U.S.C. 78c(f).                                              2 15 U.S.C. 78a.                                    NYSE Arca, Inc.
                                                   32 17 CFR 200.30–3(a)(12).                               3 17 CFR 240.19b–4.                                    7 See OLPP at page 3.




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Document Created: 2018-03-15 02:38:09
Document Modified: 2018-03-15 02:38:09
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 Citation83 FR 11570 

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