83_FR_12105 83 FR 12052 - Self-Regulatory Organizations; LCH SA; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to End of Day Price Contribution

83 FR 12052 - Self-Regulatory Organizations; LCH SA; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to End of Day Price Contribution

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 53 (March 19, 2018)

Page Range12052-12054
FR Document2018-05448

Federal Register, Volume 83 Issue 53 (Monday, March 19, 2018)
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12052-12054]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05448]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82863; File No. SR-LCH SA-2018-002]


Self-Regulatory Organizations; LCH SA; Notice of Filing and 
Immediate Effectiveness of a Proposed Rule Change Relating to End of 
Day Price Contribution

March 13, 2018.
    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 March 8, 2018,\3\ Banque Centrale de Compensation, which conducts 
business under the name LCH SA (``LCH SA''), filed with the Securities 
and Exchange Commission (``Commission'') the proposed rule change 
described in Items I, II and III below, which Items have been prepared 
primarily by LCH SA. LCH SA has filed the proposed rule change pursuant 
to Section 19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(4) \5\ 
thereunder, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ This notice supersedes and replaces the notice of this 
proposed rule change previously made public on the Commission's 
website on March 5, 2018.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    LCH SA is proposing to amend its CDS Clearing Procedures (the 
``Procedures'') in order to implement a new window for end of day price 
contribution for CDX North American indices and related USD denominated 
single name CDS transactions at New York close of business (the 
``Proposed Rule Change'').
    The text of the proposed rule change has been annexed as Exhibit 5.

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

    In its filing with the Commission, LCH SA 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. LCH SA 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

1. Purpose
    In connection with the clearing of CDX North American indices and 
related USD denominated single name CDS transactions, LCH SA proposes 
to modify the end of day price contribution process by changing the 
following timelines for a CDS Contractual Currency \6\ in US Dollar:
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    \6\ Capitalized terms not defined herein are defined in LCH SA's 
Rulebook, available at: https://www.lch.com/resources/rules-and-regulations/sa-rulebooks.

--The daily Price Requirement Files availability for download from 
between 14:30 and 15:00 GMT to from 14:30 New York City local time 
except when the Price Contribution Day occurs on the Price Contribution 
Day immediately preceding 1st January, 4th July or 25th December for 
which the files may be available earlier as notified by LCH SA in 
advance;
--The daily Market Data submission by Price Contribution Participants 
from between 16:00 and 16:35 GMT to between 16:30 and 16:35 New York 
City local time, except when the Price Contribution Day occurs on the 
Price Contribution Day immediately preceding 1st January, 4th July or 
25th December for which the files may be available earlier as notified 
by LCH SA in advance;
--The fallback to composite spread/prices from 17:15 GMT to 17:15 New 
York City local time;
--The disclosure of the occurrence of a Firm Day to Price Contribution 
Participants from promptly after the closure of the submission window 
at 16:35 GMT to promptly after the closure of the submission window at 
16:35 New York City local time;
--The execution of a CDS Cross Trade by Price Contribution Participants 
on a Firm Day from prior to 18:30 GMT to prior to 17:30 New York City 
local time;
--The notification of execution of Cross Trades on a Firm Day by a 
Price Contribution Participant to LCH SA from before 18:30 GMT to 
before 17:30 New York City local time.

    LCH SA is also taking this opportunity to make the following 
amendments to Section 5 of the Procedures with respect to the timeline 
of the end of day price contribution process for a CDS with a CDS 
Contractual Currency in Euro and an Index Swaption:

--The daily Price Requirement Files availability for download from 
between 14:30 and 15:00 GMT to from 13:15 GMT, except when the Price 
Contribution Day occurs on the Price Contribution Day immediately 
preceding 1st January or 25th December for which the files may be 
available earlier as notified by LCH SA in advance;
--The daily Market Data submission by Price Contribution Participants 
from between 16:00 and 16:35 GMT to between 16:30 and 16:35 GMT, except 
when the Price Contribution Day occurs on the Price Contribution Day 
immediately preceding 1st January or 25th December for which the files 
may be available earlier as notified by LCH SA in advance.

    The main purpose of the Proposed Rule Change is to allow LCH SA to 
mark to market USD denominated index and

[[Page 12053]]

single names positions with prices contributed at the close rather than 
in the middle of the trading session for these instruments such that 
both the Initial Margin and Variation Margin to be settled at the 
following First Margin Run are reflecting accurately the entirety of 
the previous trading session and the associated market moves.
2. Statutory Basis
    LCH SA believes that the Proposed Rule Change is consistent with 
the requirements of Section 17A of the Act \7\ and regulations 
thereunder applicable to it, including the standards under Rule 17Ad-
22.\8\
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    \7\ 15 U.S.C. 78q-1.
    \8\ 17 CFR 240.17Ad-22.
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    Specifically, Section 17A(b)(3)(F) \9\ of the Act requires, among 
other things, that the rules of a clearing agency be designed to 
promote the prompt and accurate clearance and settlement of securities 
transactions and derivative agreements, contracts, and transactions and 
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. As noted above, the Proposed Rule Change will allow LCH SA 
to reflect more accurately in its Initial Margin and Variation Margin 
calculations the entirety of the market moves for USD denominated index 
and single names observed in the previous trading session, and thus 
further strengthen the safeguarding of securities and funds under 
control of LCH SA.
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    \9\ 15 U.S.C. 78q-1(b)(3)(F).
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    LCH SA believes that the Proposed Rule Change satisfies the 
requirements of Rule 17Ad-22(b)(2), (b)(3), (e)(1), (e)(4), and 
(e)(6).\10\
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    \10\ 17 CFR 240.17Ad-22(b)(2), (b)(3), (e)(1), (e)(4), and 
(e)(6).
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    Rule 17Ad-22(b)(2) requires a clearing agency acting as a central 
counterparty to use margin requirements to limit its credit exposures 
to participants under normal market conditions and to use risk-based 
models and parameters to set margin requirements.\11\ Rule 17Ad-
22(b)(3) \12\ requires each clearing agency acting as a central 
counterparty for security-based swaps to maintain sufficient financial 
resources to withstand, at a minimum, a default by the two participant 
families to which it has the largest exposure in extreme but plausible 
market conditions (the ``cover two standard''). Rule 17Ad-22(e)(4)(i) 
requires a covered clearing agency to effectively identify, measure, 
monitor, and manage its credit exposures to participants and those 
arising from its payment, clearing and settlement processes by 
maintaining sufficient financial resources to cover its credit exposure 
to each participant fully with a high degree of confidence,\13\ and 
Rule 17Ad-22(e)(6) requires a covered clearing agency that provides 
central counterparty services to cover its credit exposures to its 
participants by establishing a risk-based margin system that meets 
certain minimum requirements.\14\
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    \11\ 17 CFR 240.17Ad-22(b)(2).
    \12\ 17 CFR 240.17Ad-22(b)(3).
    \13\ 17 CFR 240.17Ad-22(e)(4)(i).
    \14\ 17 CFR 240.17Ad-22(e)(6).
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    As described above, LCH SA proposes to amend the timeline of the 
end of price contribution process for USD denominated index and single 
name positions to reflect the market moves observed during the entirety 
of the previous trading session in the calculation of the Initial 
Margin and Variation Margin to be settled at the following First Margin 
Run. This implies that the margin requirements set by LCH SA and use of 
such margin requirements limit LCH SA's credit exposures to 
participants in clearing USD denominated index and single name CDS 
transactions under normal market conditions, consistent with Rule 17Ad-
22(b)(2).\15\ LCH SA also believes that its current risk-based margin 
methodology, by relying on prices contributed at the close of the 
trading session, takes into account, and generates margin levels 
commensurate with, the risks and particular attributes of USD 
denominated index and single name CDS transactions at the product and 
portfolio levels, appropriate to the relevant market it serves, 
consistent with Rule 17Ad-22(e)(6)(i) and (v).\16\ In addition, LCH SA 
believes that the margin calculation under the current CDSClear margin 
framework and based on prices for USD denominated index and single name 
positions contributed at the close of the trading session would also 
sufficiently account for the 5-day liquidation period for house account 
portfolio and 7-day liquidation period for client portfolio and 
therefore, is reasonably designed to cover LCH SA's potential future 
exposure to participants in the interval between the last margin 
collection and the close out of positions following a participant 
default, consistent with Rule 17Ad-22(e)(6)(iii).\17\
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    \15\ 17 CFR 240.17Ad-22(b)(2).
    \16\ 17 CFR 240.17Ad-22(e)(6)(i) and (v).
    \17\ 17 CFR 240.17Ad-22(e)(6)(iii).
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    Further, Rule 17Ad-22(b)(3) requires a clearing agency acting as a 
central counterparty for security-based swaps to establish policies and 
procedures reasonably designed to maintain the cover two standard.\18\ 
Similarly, Rule 17Ad-22(e)(4)(ii) requires a covered clearing agency 
that provides central counterparty services for security-based swaps to 
maintain financial resources additional to margin to enable it to cover 
a wide range of foreseeable stress scenarios that include, but are not 
limited to, meeting the cover two standard.\19\ LCH SA believes that 
its current Default Fund methodology based on prices for USD 
denominated index and single name positions provided at the close of 
the trading session will also appropriately incorporate the risk of 
clearing USD denominated index and single name CDS transactions, as 
together with the existing CDSClear margin framework, will be 
reasonably designed to ensure that LCH SA maintains sufficient 
financial resources to meet the cover two standard, in accordance with 
Rule 17Ad-22(b)(3) and (e)(4)(ii).\20\
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    \18\ 17 CFR 240.17Ad-22(b)(3).
    \19\ 17 CFR 240.17Ad-22(e)(4)(ii).
    \20\ 17 CFR 240.17Ad-22(b)(3) and (e)(4)(ii).
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    LCH SA also believes that the proposed rule change is consistent 
with Rule 17Ad-22(e)(1), which requires each covered clearing agency's 
policies and procedures be reasonably designed to provide for a well-
founded, clear, transparent, and enforceable legal basis for each 
aspect of its activities in all relevant jurisdictions.\21\ As 
described above, the proposed rule change would make a clear 
distinction on the timelines associated to the end of day price 
contribution process for Euro and USD denominated positions. LCH SA 
believes that this change would provide for a clear and transparent 
legal basis for CDSClear clearing members' requirement to provide 
accurate prices on all of their open positions, consistent with Rule 
17Ad-22(e)(1).\22\
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    \21\ 17 CFR 240.17Ad-22(e)(1).
    \22\ 17 CFR 240.17Ad-22(e)(1).
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    For the reasons stated above, LCH SA believes that the proposed 
rule change is consistent with the requirements of prompt and accurate 
clearance and settlement of securities transactions and derivatives 
agreements, contracts and transactions, and assuring the safeguarding 
of securities and funds in the custody or control of the clearing 
agency or for which it is responsible, in accordance with 17A(b)(3)(F) 
of the Act.\23\
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    \23\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Clearing Agency's Statement on Burden on Competition.

    Section 17A(b)(3)(I) of the Act requires that the rules of a 
clearing agency do not impose any burden on

[[Page 12054]]

competition not necessary or appropriate in furtherance of the purposes 
of the Act.\24\
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    \24\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

    The Proposed Rule Change will apply equally to all CDSClear members 
and clients and does not adversely affect their ability to engage in 
cleared transactions or to access clearing services offered by LCH SA 
CDSClear.
    Therefore, LCH SA does not believe that the Proposed Rule Change 
would have any impact, or impose any burden, on competition that is not 
necessary or appropriate in furtherance of the purposes of the Act.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \25\ and paragraph (f) of Rule 19b-4 
thereunder.\26\ 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.
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    \25\ 15 U.S.C. 78s.
    \26\ 17 CFR 240.19b-4.
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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-LCH SA-2018-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-LCH SA-2018-002. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (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 website 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 the filing also will be available for inspection 
and copying at the principal office of LCH SA and on LCH SA's website 
at http://www.lch.com/asset-classes/cdsclear.
    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-LCH SA-2018-002 and should 
be submitted on or before April 9, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\27\
Eduardo A. Aleman,
Assistant Secretary.
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    \27\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-05448 Filed 3-16-18; 8:45 am]
BILLING CODE 8011-01-P



                                                12052                         Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices

                                                post all comments on the Commission’s                   business under the name LCH SA (‘‘LCH                    when the Price Contribution Day
                                                internet website (http://www.sec.gov/                   SA’’), filed with the Securities and                     occurs on the Price Contribution Day
                                                rules/sro.shtml). Copies of the                         Exchange Commission (‘‘Commission’’)                     immediately preceding 1st January,
                                                submission, all subsequent                              the proposed rule change described in                    4th July or 25th December for which
                                                amendments, all written statements                      Items I, II and III below, which Items                   the files may be available earlier as
                                                with respect to the proposed rule                       have been prepared primarily by LCH                      notified by LCH SA in advance;
                                                change that are filed with the                          SA. LCH SA has filed the proposed rule                 —The daily Market Data submission by
                                                Commission, and all written                             change pursuant to Section 19(b)(3)(A) 4                 Price Contribution Participants from
                                                communications relating to the                          of the Act and Rule 19b–4(f)(4) 5                        between 16:00 and 16:35 GMT to
                                                proposed rule change between the                        thereunder, so that the proposal was                     between 16:30 and 16:35 New York
                                                Commission and any person, other than                   effective upon filing with the                           City local time, except when the Price
                                                those that may be withheld from the                     Commission. The Commission is                            Contribution Day occurs on the Price
                                                public in accordance with the                           publishing this notice to solicit                        Contribution Day immediately
                                                provisions of 5 U.S.C. 552, will be                     comments on the proposed rule change                     preceding 1st January, 4th July or 25th
                                                available for website viewing and                       from interested persons.                                 December for which the files may be
                                                printing in the Commission’s Public                                                                              available earlier as notified by LCH
                                                                                                        I. Clearing Agency’s Statement of the                    SA in advance;
                                                Reference Room, 100 F Street NE,
                                                                                                        Terms of Substance of the Proposed                     —The fallback to composite spread/
                                                Washington, DC 20549, on official
                                                                                                        Rule Change                                              prices from 17:15 GMT to 17:15 New
                                                business days between the hours of
                                                10:00 a.m. and 3:00 p.m. Copies of the                     LCH SA is proposing to amend its                      York City local time;
                                                filing also will be available for                       CDS Clearing Procedures (the                           —The disclosure of the occurrence of a
                                                inspection and copying at the principal                 ‘‘Procedures’’) in order to implement a                  Firm Day to Price Contribution
                                                office of the Exchange. All comments                    new window for end of day price                          Participants from promptly after the
                                                received will be posted without change.                 contribution for CDX North American                      closure of the submission window at
                                                Persons submitting comments are                         indices and related USD denominated                      16:35 GMT to promptly after the
                                                cautioned that we do not redact or edit                 single name CDS transactions at New                      closure of the submission window at
                                                personal identifying information from                   York close of business (the ‘‘Proposed                   16:35 New York City local time;
                                                comment submissions. You should                         Rule Change’’).                                        —The execution of a CDS Cross Trade
                                                submit only information that you wish                      The text of the proposed rule change                  by Price Contribution Participants on
                                                to make available publicly. All                         has been annexed as Exhibit 5.                           a Firm Day from prior to 18:30 GMT
                                                submissions should refer to File                                                                                 to prior to 17:30 New York City local
                                                                                                        II. Clearing Agency’s Statement of the
                                                Number SR–PEARL–2018–07 and                                                                                      time;
                                                                                                        Purpose of, and Statutory Basis for, the
                                                should be submitted on or before April                                                                         —The notification of execution of Cross
                                                                                                        Proposed Rule Change
                                                9, 2018.                                                                                                         Trades on a Firm Day by a Price
                                                                                                           In its filing with the Commission,                    Contribution Participant to LCH SA
                                                  For the Commission, by the Division of                LCH SA included statements concerning
                                                Trading and Markets, pursuant to delegated
                                                                                                                                                                 from before 18:30 GMT to before
                                                                                                        the purpose of and basis for the                         17:30 New York City local time.
                                                authority.33
                                                                                                        proposed rule change and discussed any                   LCH SA is also taking this
                                                Eduardo A. Aleman,                                      comments it received on the proposed
                                                Assistant Secretary.                                                                                           opportunity to make the following
                                                                                                        rule change. The text of these statements              amendments to Section 5 of the
                                                [FR Doc. 2018–05452 Filed 3–16–18; 8:45 am]             may be examined at the places specified                Procedures with respect to the timeline
                                                BILLING CODE 8011–01–P                                  in Item IV below. LCH SA has prepared                  of the end of day price contribution
                                                                                                        summaries, set forth in sections A, B,                 process for a CDS with a CDS
                                                                                                        and C below, of the most significant                   Contractual Currency in Euro and an
                                                SECURITIES AND EXCHANGE                                 aspects of these statements.
                                                COMMISSION                                                                                                     Index Swaption:
                                                                                                        A. Clearing Agency’s Statement of the                  —The daily Price Requirement Files
                                                [Release No. 34–82863; File No. SR–LCH                  Purpose of, and Statutory Basis for, the                 availability for download from
                                                SA–2018–002]
                                                                                                        Proposed Rule Change                                     between 14:30 and 15:00 GMT to from
                                                Self-Regulatory Organizations; LCH                                                                               13:15 GMT, except when the Price
                                                                                                        1. Purpose
                                                SA; Notice of Filing and Immediate                                                                               Contribution Day occurs on the Price
                                                                                                           In connection with the clearing of                    Contribution Day immediately
                                                Effectiveness of a Proposed Rule                        CDX North American indices and
                                                Change Relating to End of Day Price                                                                              preceding 1st January or 25th
                                                                                                        related USD denominated single name                      December for which the files may be
                                                Contribution                                            CDS transactions, LCH SA proposes to                     available earlier as notified by LCH
                                                March 13, 2018.                                         modify the end of day price                              SA in advance;
                                                   Pursuant to Section 19(b)(1) of the                  contribution process by changing the                   —The daily Market Data submission by
                                                Securities Exchange Act of 1934                         following timelines for a CDS                            Price Contribution Participants from
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder 2                 Contractual Currency 6 in US Dollar:                     between 16:00 and 16:35 GMT to
                                                notice is hereby given that on March 8,                 —The daily Price Requirement Files                       between 16:30 and 16:35 GMT, except
                                                2018,3 Banque Centrale de                                  availability for download from                        when the Price Contribution Day
                                                Compensation, which conducts                               between 14:30 and 15:00 GMT to from                   occurs on the Price Contribution Day
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           14:30 New York City local time except                 immediately preceding 1st January or
                                                  33 17 CFR 200.30–3(a)(12).                                                                                     25th December for which the files
                                                  1 15 U.S.C. 78s(b)(1).                                  4 15U.S.C. 78s(b)(3)(A).                               may be available earlier as notified by
                                                  2 17 CFR 240.19b–4.                                     5 17CFR 240.19b–4(f)(4).                               LCH SA in advance.
                                                  3 This notice supersedes and replaces the notice        6 Capitalized terms not defined herein are defined

                                                of this proposed rule change previously made            in LCH SA’s Rulebook, available at: https://
                                                                                                                                                                 The main purpose of the Proposed
                                                public on the Commission’s website on March 5,          www.lch.com/resources/rules-and-regulations/sa-        Rule Change is to allow LCH SA to mark
                                                2018.                                                   rulebooks.                                             to market USD denominated index and


                                           VerDate Sep<11>2014   16:43 Mar 16, 2018   Jkt 244001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\19MRN1.SGM   19MRN1


                                                                                Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices                                                     12053

                                                single names positions with prices                       arising from its payment, clearing and                cover two standard.18 Similarly, Rule
                                                contributed at the close rather than in                  settlement processes by maintaining                   17Ad–22(e)(4)(ii) requires a covered
                                                the middle of the trading session for                    sufficient financial resources to cover its           clearing agency that provides central
                                                these instruments such that both the                     credit exposure to each participant fully             counterparty services for security-based
                                                Initial Margin and Variation Margin to                   with a high degree of confidence,13 and               swaps to maintain financial resources
                                                be settled at the following First Margin                 Rule 17Ad–22(e)(6) requires a covered                 additional to margin to enable it to
                                                Run are reflecting accurately the                        clearing agency that provides central                 cover a wide range of foreseeable stress
                                                entirety of the previous trading session                 counterparty services to cover its credit             scenarios that include, but are not
                                                and the associated market moves.                         exposures to its participants by                      limited to, meeting the cover two
                                                                                                         establishing a risk-based margin system               standard.19 LCH SA believes that its
                                                2. Statutory Basis
                                                                                                         that meets certain minimum                            current Default Fund methodology
                                                   LCH SA believes that the Proposed                     requirements.14                                       based on prices for USD denominated
                                                Rule Change is consistent with the                          As described above, LCH SA proposes                index and single name positions
                                                requirements of Section 17A of the Act 7                 to amend the timeline of the end of                   provided at the close of the trading
                                                and regulations thereunder applicable to                 price contribution process for USD                    session will also appropriately
                                                it, including the standards under Rule                   denominated index and single name                     incorporate the risk of clearing USD
                                                17Ad–22.8                                                positions to reflect the market moves                 denominated index and single name
                                                   Specifically, Section 17A(b)(3)(F) 9 of               observed during the entirety of the                   CDS transactions, as together with the
                                                the Act requires, among other things,                    previous trading session in the                       existing CDSClear margin framework,
                                                that the rules of a clearing agency be                   calculation of the Initial Margin and                 will be reasonably designed to ensure
                                                designed to promote the prompt and                       Variation Margin to be settled at the                 that LCH SA maintains sufficient
                                                accurate clearance and settlement of                     following First Margin Run. This                      financial resources to meet the cover
                                                securities transactions and derivative                   implies that the margin requirements set              two standard, in accordance with Rule
                                                agreements, contracts, and transactions                  by LCH SA and use of such margin                      17Ad–22(b)(3) and (e)(4)(ii).20
                                                and to assure the safeguarding of                        requirements limit LCH SA’s credit                       LCH SA also believes that the
                                                securities and funds which are in the                    exposures to participants in clearing                 proposed rule change is consistent with
                                                custody or control of the clearing agency                USD denominated index and single                      Rule 17Ad–22(e)(1), which requires
                                                or for which it is responsible. As noted                 name CDS transactions under normal                    each covered clearing agency’s policies
                                                above, the Proposed Rule Change will                     market conditions, consistent with Rule               and procedures be reasonably designed
                                                allow LCH SA to reflect more accurately                  17Ad–22(b)(2).15 LCH SA also believes                 to provide for a well-founded, clear,
                                                in its Initial Margin and Variation                      that its current risk-based margin                    transparent, and enforceable legal basis
                                                Margin calculations the entirety of the                  methodology, by relying on prices                     for each aspect of its activities in all
                                                market moves for USD denominated                         contributed at the close of the trading               relevant jurisdictions.21 As described
                                                index and single names observed in the                   session, takes into account, and                      above, the proposed rule change would
                                                previous trading session, and thus                       generates margin levels commensurate                  make a clear distinction on the
                                                further strengthen the safeguarding of                   with, the risks and particular attributes             timelines associated to the end of day
                                                securities and funds under control of                    of USD denominated index and single
                                                LCH SA.                                                                                                        price contribution process for Euro and
                                                                                                         name CDS transactions at the product                  USD denominated positions. LCH SA
                                                   LCH SA believes that the Proposed                     and portfolio levels, appropriate to the
                                                Rule Change satisfies the requirements                                                                         believes that this change would provide
                                                                                                         relevant market it serves, consistent                 for a clear and transparent legal basis for
                                                of Rule 17Ad–22(b)(2), (b)(3), (e)(1),                   with Rule 17Ad–22(e)(6)(i) and (v).16 In
                                                (e)(4), and (e)(6).10                                                                                          CDSClear clearing members’
                                                                                                         addition, LCH SA believes that the                    requirement to provide accurate prices
                                                   Rule 17Ad–22(b)(2) requires a
                                                                                                         margin calculation under the current                  on all of their open positions, consistent
                                                clearing agency acting as a central
                                                                                                         CDSClear margin framework and based                   with Rule 17Ad–22(e)(1).22
                                                counterparty to use margin
                                                requirements to limit its credit                         on prices for USD denominated index                      For the reasons stated above, LCH SA
                                                exposures to participants under normal                   and single name positions contributed                 believes that the proposed rule change
                                                market conditions and to use risk-based                  at the close of the trading session would             is consistent with the requirements of
                                                models and parameters to set margin                      also sufficiently account for the 5-day               prompt and accurate clearance and
                                                requirements.11 Rule 17Ad–22(b)(3) 12                    liquidation period for house account                  settlement of securities transactions and
                                                requires each clearing agency acting as                  portfolio and 7-day liquidation period                derivatives agreements, contracts and
                                                a central counterparty for security-based                for client portfolio and therefore, is                transactions, and assuring the
                                                swaps to maintain sufficient financial                   reasonably designed to cover LCH SA’s                 safeguarding of securities and funds in
                                                resources to withstand, at a minimum,                    potential future exposure to participants             the custody or control of the clearing
                                                a default by the two participant families                in the interval between the last margin               agency or for which it is responsible, in
                                                to which it has the largest exposure in                  collection and the close out of positions             accordance with 17A(b)(3)(F) of the
                                                extreme but plausible market conditions                  following a participant default,                      Act.23
                                                (the ‘‘cover two standard’’). Rule 17Ad–                 consistent with Rule 17Ad–
                                                                                                         22(e)(6)(iii).17                                      B. Clearing Agency’s Statement on
                                                22(e)(4)(i) requires a covered clearing                                                                        Burden on Competition.
                                                agency to effectively identify, measure,                    Further, Rule 17Ad–22(b)(3) requires
                                                monitor, and manage its credit                           a clearing agency acting as a central                   Section 17A(b)(3)(I) of the Act
                                                exposures to participants and those                      counterparty for security-based swaps to              requires that the rules of a clearing
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                                                                                                         establish policies and procedures                     agency do not impose any burden on
                                                  7 15 U.S.C. 78q–1.                                     reasonably designed to maintain the
                                                  8 17                                                                                                           18 17 CFR 240.17Ad–22(b)(3).
                                                       CFR 240.17Ad–22.
                                                  9 15 U.S.C. 78q–1(b)(3)(F).                              13 17 CFR 240.17Ad–22(e)(4)(i).                       19 17 CFR 240.17Ad–22(e)(4)(ii).
                                                  10 17 CFR 240.17Ad–22(b)(2), (b)(3), (e)(1), (e)(4),     14 17 CFR 240.17Ad–22(e)(6).                          20 17 CFR 240.17Ad–22(b)(3) and (e)(4)(ii).

                                                and (e)(6).                                                15 17 CFR 240.17Ad–22(b)(2).                          21 17 CFR 240.17Ad–22(e)(1).

                                                  11 17 CFR 240.17Ad–22(b)(2).                             16 17 CFR 240.17Ad–22(e)(6)(i) and (v).               22 17 CFR 240.17Ad–22(e)(1).
                                                  12 17 CFR 240.17Ad–22(b)(3).                             17 17 CFR 240.17Ad–22(e)(6)(iii).                     23 15 U.S.C. 78q–1(b)(3)(F).




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                                                12054                            Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices

                                                competition not necessary or                            file number should be included on the                  SECURITIES AND EXCHANGE
                                                appropriate in furtherance of the                       subject line if email is used. To help the             COMMISSION
                                                purposes of the Act.24                                  Commission process and review your
                                                   The Proposed Rule Change will apply                                                                         [Release No. 34–82864; File No. SR–
                                                                                                        comments more efficiently, please use                  NYSEAMER–2018–07]
                                                equally to all CDSClear members and                     only one method. The Commission will
                                                clients and does not adversely affect                   post all comments on the Commission’s                  Self-Regulatory Organizations; NYSE
                                                their ability to engage in cleared                      internet website (http://www.sec.gov/                  American LLC; Notice of Filing and
                                                transactions or to access clearing                      rules/sro.shtml). Copies of the                        Immediate Effectiveness of Proposed
                                                services offered by LCH SA CDSClear.                                                                           Rule Change Amending the NYSE
                                                   Therefore, LCH SA does not believe                   submission, all subsequent
                                                                                                        amendments, all written statements                     American Company Guide To Require
                                                that the Proposed Rule Change would
                                                                                                        with respect to the proposed rule                      That Listed Companies Provide Notice
                                                have any impact, or impose any burden,
                                                                                                        change that are filed with the                         to the Exchange of Announcements of
                                                on competition that is not necessary or
                                                                                                        Commission, and all written                            Dividends or Stock Distributions at
                                                appropriate in furtherance of the
                                                                                                        communications relating to the                         Least Ten Minutes in Advance of
                                                purposes of the Act.
                                                                                                        proposed rule change between the                       Public Release
                                                C. Clearing Agency’s Statement on                       Commission and any person, other than
                                                Comments on the Proposed Rule                                                                                  March 13, 2018.
                                                                                                        those that may be withheld from the                       Pursuant to Section 19(b)(1) 1 of the
                                                Change Received From Members,
                                                                                                        public in accordance with the                          Securities Exchange Act of 1934 (the
                                                Participants or Others
                                                                                                        provisions of 5 U.S.C. 552, will be                    ‘‘Act’’),2 and Rule 19b–4 thereunder,3
                                                  Written comments relating to the                      available for website viewing and                      notice is hereby given that on March 1,
                                                proposed rule change have not been                      printing in the Commission’s Public                    2018, NYSE American LLC (the
                                                solicited or received. LCH SA will                      Reference Room, 100 F Street NE,                       ‘‘Exchange’’ or ‘‘NYSE American’’) filed
                                                notify the Commission of any written                    Washington, DC 20549 on official                       with the Securities and Exchange
                                                comments received by LCH SA.                                                                                   Commission (the ‘‘Commission’’) the
                                                                                                        business days between the hours of
                                                III. Date of Effectiveness of the                       10:00 a.m. and 3:00 p.m. Copies of the                 proposed rule change as described in
                                                Proposed Rule Change and Timing for                     filing also will be available for                      Items I and II below, which Items have
                                                Commission Action                                       inspection and copying at the principal                been prepared by the self-regulatory
                                                   The foregoing rule change has become                 office of LCH SA and on LCH SA’s                       organization. The Commission is
                                                effective pursuant to Section 19(b)(3)(A)               website at http://www.lch.com/asset-                   publishing this notice to solicit
                                                of the Act 25 and paragraph (f) of Rule                 classes/cdsclear.                                      comments on the proposed rule change
                                                19b–4 thereunder.26 At any time within                                                                         from interested persons.
                                                                                                           All comments received will be posted
                                                60 days of the filing of the proposed rule              without change; Persons submitting                     I. Self-Regulatory Organization’s
                                                change, the Commission summarily may                    comments are cautioned that we do not                  Statement of the Terms of Substance of
                                                temporarily suspend such rule change if                 redact or edit personal identifying                    the Proposed Rule Change
                                                it appears to the Commission that such
                                                                                                        information from comment submissions.                     The Exchange proposes to amend the
                                                action is necessary or appropriate in the
                                                                                                        You should submit only information                     NYSE American Company Guide (the
                                                public interest, for the protection of
                                                investors, or otherwise in furtherance of               that you wish to make available                        ‘‘Company Guide’’) to (i) require that
                                                the purposes of the Act.                                publicly. All submissions should refer                 listed companies provide notice to the
                                                                                                        to File Number SR–LCH SA–2018–002                      Exchange of announcements of
                                                IV. Solicitation of Comments                            and should be submitted on or before                   dividends or stock distributions at least
                                                  Interested persons are invited to                     April 9, 2018.                                         10 minutes in advance of public release,
                                                submit written data, views, and                                                                                (ii) clarify the application of the
                                                                                                          For the Commission, by the Division of
                                                arguments concerning the foregoing,                                                                            immediate release policy to dividends
                                                                                                        Trading and Markets, pursuant to delegated
                                                including whether the proposed rule                                                                            and stock distributions, and (iii) adopt
                                                                                                        authority.27
                                                change is consistent with the Act.                                                                             a provision specifying how listed
                                                                                                        Eduardo A. Aleman,                                     companies must provide required
                                                Comments may be submitted by any of
                                                the following methods:                                  Assistant Secretary.                                   notifications to the Exchange.
                                                                                                        [FR Doc. 2018–05448 Filed 3–16–18; 8:45 am]               The proposed rule change is available
                                                Electronic Comments                                                                                            on the Exchange’s website at
                                                                                                        BILLING CODE 8011–01–P
                                                  • Use the Commission’s internet                                                                              www.nyse.com, at the principal office of
                                                comment form (http://www.sec.gov/                                                                              the Exchange, and at the Commission’s
                                                rules/sro.shtml); or                                                                                           Public Reference Room.
                                                  • Send an email to rule-comments@
                                                sec.gov. Please include File Number SR–                                                                        II. Self-Regulatory Organization’s
                                                LCH SA–2018–002 on the subject line.                                                                           Statement of the Purpose of, and
                                                                                                                                                               Statutory Basis for, the Proposed Rule
                                                Paper Comments                                                                                                 Change
                                                  • Send paper comments in triplicate                                                                             In its filing with the Commission, the
                                                to Secretary, Securities and Exchange                                                                          self-regulatory organization included
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                                                Commission, 100 F Street NE,                                                                                   statements concerning the purpose of,
                                                Washington, DC 20549–1090.                                                                                     and basis for, the proposed rule change
                                                All submissions should refer to File                                                                           and discussed any comments it received
                                                Number SR–LCH SA–2018–002. This                                                                                on the proposed rule change. The text
                                                  24 15 U.S.C. 78q–1(b)(3)(I).                                                                                   1 15 U.S.C. 78s(b)(1).
                                                  25 15 U.S.C. 78s.                                                                                              2 15 U.S.C. 78a.
                                                  26 17 CFR 240.19b–4.                                    27 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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Document Created: 2018-03-17 04:24:49
Document Modified: 2018-03-17 04:24:49
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 12052 

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