83_FR_18186 83 FR 18106 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change, Security-Based Swap Submission or Advance Notice Relating to Amendments to the ICE Clear Europe CDS End-of-Day Pricing Policy

83 FR 18106 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change, Security-Based Swap Submission or Advance Notice Relating to Amendments to the ICE Clear Europe CDS End-of-Day Pricing Policy

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range18106-18108
FR Document2018-08618

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18106-18108]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08618]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83072; File No. SR-ICEEU-2018-006]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing of Proposed Rule Change, Security-Based Swap Submission or 
Advance Notice Relating to Amendments to the ICE Clear Europe CDS End-
of-Day Pricing Policy

April 19, 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 April 5, 2018, ICE Clear Europe Limited (``ICE Clear Europe'' or the 
``Clearing House'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule changes described in Items I, II, 
and III below, which Items have been prepared primarily by ICE Clear 
Europe. The Commission is publishing this notice to solicit comments on 
the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    ICE Clear Europe proposes revisions to its CDS End-of-Day Price 
Discovery Policy (``Price Discovery Policy'') related to the bid-offer 
width (``BOW'') methodology for credit default swap (``CDS'') 
contracts.

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

    In its filing with the Commission, ICE Clear Europe included 
statements concerning the purpose of and basis for the proposed rule 
change and discussed any comments it received on the proposed rule 
change. The text of these statements may be examined at the places 
specified in Item IV below. ICE Clear Europe has prepared summaries, 
set forth in sections (A), (B), and (C) below, of the most significant 
aspects of such statements.

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

(a) Purpose
    ICE Clear Europe proposes revising its Price Discovery Policy to 
enhance the methodology used to determine bid-offer widths (``BOWs'') 
for CDS Contracts to incorporate a new variability band methodology, 
and to make certain other updates and clarifications.
    Each business day, ICE Clear Europe determines end-of-day (``EOD'') 
levels for CDS Contracts through its Price Discovery Policy, based on 
EOD submissions from its CDS Clearing Members. ICE Clear Europe uses 
these levels for mark-to-market and risk management purposes. As part 
of this price discovery process, ICE Clear Europe determines BOWs for 
each eligible CDS Contract. The BOW is intended to estimate the bid-
offer width for the two-way market available for each clearing-eligible 
instrument at the specified determination time on each business day. 
The BOWs are then used in ICE Clear Europe's price discovery process as 
inputs in the determination of EOD levels and firm trades, and other 
risk management matters.
    The current methodology for determining BOWs is based on observed 
intraday quotes and an assessment of the current level of market 
variability. Based on this information, ICE Clear Europe determines a 
consensus BOW for each relevant instrument. The amendments remove from 
the Price Discovery Policy an alternative approach for calculating 
consensus BOWs using exponentially weighting moving averages that was 
planned but never implemented. The amendments restate the current 
methodology in use (which is based on specified averages of BOW time 
series).
    The amendments also adopt a new variability band approach for 
widening BOWs in certain market conditions. Under volatile or fast-
moving market conditions, BOWs may temporarily be wider than observed 
in intraday quotes. Currently, ICE Clear Europe's clearing risk 
department monitors market conditions and may apply manual adjustments 
to BOWs as appropriate to take into account such conditions. ICE Clear 
Europe proposes to capture such market conditions in a more 
comprehensive and automated way through a methodology that computes a 
variability level and a variability band for each of the main risk 
factors based on a time series of intraday quote mid-levels for the 
most actively traded instrument (``MATI'') of the considered risk 
factor. The BOW will be automatically adjusted based on the variability 
band, as discussed herein.
    For index instruments, under the revised approach, ICE Clear Europe 
will compute a variability level for each of the main index risk 
factors. For each instrument, ICE Clear Europe's systems establish a 
time series of intraday quote mid-levels for the MATI. If the last mid-
level in the time series is below the prior day's EOD level by more 
than one pre-defined BOW for regime 3, the variability level is the 
difference between the prior day's EOD level and the minimum mid-level 
in the time series, divided by the pre-defined BOW. For intraday mid-
levels falling within one pre-defined regime 3 BOW from the prior day's 
EOD level, the variability level is set to 1.0 if the range of mid-
levels in the time series is less than or equal to the pre-defined 
regime 3 BOW, and set to 1.2 if the range of mid-levels in the time 
series is greater than the pre-defined regime 3 BOW.
    Under the revised policy, ICE Clear Europe will establish 
variability bands (from zero to three) that correspond to specific 
ranges of variability level (with band zero having the lowest range of 
variability level). ICE Clear Europe will then group index risk factors 
into specific market-proxy groups, CDX (covering the North American 
investment grade and high yield index risk factors) and iTraxx 
(covering the

[[Page 18107]]

iTraxx main, cross over, senior financial, sub financials and high 
volatility index risk factors). For each market proxy group, ICE Clear 
Europe will determine a market proxy variability band by using the 
largest variability band computed for the index risk factors within 
that proxy group.
    For index instruments, ICE Clear Europe will continue to maintain 
three different predefined BOWs, each of which corresponds to one of 
three specific market regimes (regime 1, regime 2 and regime 3, with 
the BOW for regime 1 being the smallest and regime 3 the largest). As 
under the current approach, ICE Clear Europe first selects the market 
regime for each index risk sub-factor based on its MATI. Under the 
revised approach, ICE Clear Europe will then adjust the regime for each 
index risk sub-factor's MATI depending on the applicable market proxy 
variability band for the instrument. The adjustment (referred to as an 
index variability increment) can be none, one regime (moving from 
Regime 1 to Regime 2 or from Regime 2 to Regime 3), or two regimes 
(moving from Regime 1 to Regime 3 or from Regime 2 to Regime 3). Higher 
market proxy variability bands result in a larger adjustment. The 
clearing risk department has the discretion to adjust market regimes as 
it determines best reflects current market conditions.
    For single-name instruments, the revised policy applies a new 
scaling factor, referred to as an SN variability factor, to the 
consensus EOD BOWs for single name instruments calculated under the 
existing methodology. The SN variability factor will be determined 
based on a market proxy variability band. ICE Clear Europe will assign 
each single name risk factor to a specific market proxy group (CDX for 
standard North American corporates, iTraxx for standard European 
corporates and standard Western European sovereigns). The scaling 
factor will range from 1 to 1.5, depending on the market proxy 
variability band (with higher bands having a higher variability 
factor). The clearing risk department also has discretion to override 
the scaling actor with any factor it deems appropriate to best reflect 
market conditions.
    In connection with these changes, ICE Clear Europe is removing from 
the policy an alternative approach to variability adjustments that was 
planned but had not been implemented.
    The amendments also contain various typographical corrections, 
updates to cross-references and similar clarifications.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments are 
consistent with the requirements of Section 17A of the Act \3\ and the 
regulations thereunder applicable to it. Section 17A(b)(3)(F) of the 
Act \4\ in particular requires, among other things, that the rules of a 
clearing agency be designed to promote the prompt and accurate 
clearance and settlement of securities transactions and, to the extent 
applicable, derivative agreements, contracts, and transactions, the 
safeguarding of securities and funds in the custody or control of the 
clearing agency, and the protection of investors and the public 
interest. The proposed amendments are designed to enhance the Clearing 
House's Price Discovery Policy, which is a key aspect of the risk 
management and daily settlement procedures of the Clearing House for 
CDS Contracts. The proposed amendments in particular will provide a 
more comprehensive and automated approach for adjusting BOWs used in 
the EOD price discovery process for both index and single-name CDS 
Contracts to reflect market conditions, particularly during periods of 
high market variability. ICE Clear Europe believes that the amendments 
will thus promote prompt and accurate clearing and settlement, within 
the meaning of Section 17A(b)(3)(F). For similar reasons, ICE Clear 
Europe believes that the amendments are also consistent with the risk-
based margining requirements of Commission Rule 17Ad-22(e)(6),\5\ 
including the requirement to use reliable sources of timely price data 
and procedures and sound valuation models for addressing circumstances 
in which pricing data are not readily available or reliable.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78q-1.
    \4\ 15 U.S.C. 78q-1(b)(3)(F).
    \5\ 17 CFR 240.17Ad-22(e)(6).
---------------------------------------------------------------------------

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

    ICE Clear Europe does not believe the proposed rule changes would 
have any impact, or impose any burden, on competition not necessary or 
appropriate in furtherance of the purpose of the Act. The proposed 
changes to the Price Discovery Policy, and in particular the revised 
BOW variability methodology for Single Name and Index instruments, will 
apply uniformly across all CDS Clearing Members and market 
participants. ICE Clear Europe does not believe the amendments will 
adversely affect competition among CDS Clearing Members, the cost of 
clearing, or the ability of market participants to clear CDS Contracts 
generally. Similarly, the Clearing House does not believe the 
amendments will reduce access to clearing of CDS Contracts or limit 
market participants' choices for clearing CDS Contracts. Therefore, ICE 
Clear Europe does not believe the proposed rule changes impose any 
burden on competition that is inappropriate in furtherance of the 
purposes of the Act.

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

    Written comments relating to the proposed amendments have not been 
solicited or received by ICE Clear Europe. ICE Clear Europe will notify 
the Commission of any comments received with respect to the proposed 
rule change.

III. Date of Effectiveness of the Proposed Rule Change

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.
    The proposal shall not take effect until all regulatory actions 
required with respect to the proposal are completed.

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 rule-comments@sec.gov. Please include 
File Number SR-ICEEU-2018-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2018-006. This 
file number should be included on the

[[Page 18108]]

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 Section, 100 F Street NE, Washington, DC 20549, on official 
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of 
such filings will also be available for inspection and copying at the 
principal office of ICE Clear Europe and on ICE Clear Europe's website 
at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    All comments received will be posted without change. Persons 
submitting comments are cautioned that we do not redact or edit 
personal identifying information from comment submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-ICEEU-2018-006 and should be 
submitted on or before May 16, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08618 Filed 4-24-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                18106                          Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices

                                                rules/sro.shtml). Copies of the                         have been prepared primarily by ICE                   Based on this information, ICE Clear
                                                submission, all subsequent                              Clear Europe. The Commission is                       Europe determines a consensus BOW
                                                amendments, all written statements                      publishing this notice to solicit                     for each relevant instrument. The
                                                with respect to the proposed rule                       comments on the proposed rule change                  amendments remove from the Price
                                                change that are filed with the                          from interested persons.                              Discovery Policy an alternative
                                                Commission, and all written                                                                                   approach for calculating consensus
                                                communications relating to the                          I. Clearing Agency’s Statement of the                 BOWs using exponentially weighting
                                                proposed rule change between the                        Terms of Substance of the Proposed                    moving averages that was planned but
                                                Commission and any person, other than                   Rule Change                                           never implemented. The amendments
                                                those that may be withheld from the                        ICE Clear Europe proposes revisions                restate the current methodology in use
                                                public in accordance with the                           to its CDS End-of-Day Price Discovery                 (which is based on specified averages of
                                                provisions of 5 U.S.C. 552, will be                     Policy (‘‘Price Discovery Policy’’)                   BOW time series).
                                                available for website viewing and                       related to the bid-offer width (‘‘BOW’’)                 The amendments also adopt a new
                                                printing in the Commission’s Public                     methodology for credit default swap                   variability band approach for widening
                                                Reference Room, 100 F Street NE,                        (‘‘CDS’’) contracts.                                  BOWs in certain market conditions.
                                                Washington, DC 20549 on official                                                                              Under volatile or fast-moving market
                                                business days between the hours of                      II. Clearing Agency’s Statement of the                conditions, BOWs may temporarily be
                                                10:00 a.m. and 3:00 p.m. Copies of such                 Purpose of, and Statutory Basis for, the              wider than observed in intraday quotes.
                                                filing also will be available for                       Proposed Rule Change                                  Currently, ICE Clear Europe’s clearing
                                                inspection and copying at the principal                   In its filing with the Commission, ICE              risk department monitors market
                                                office of the Exchange. All comments                    Clear Europe included statements                      conditions and may apply manual
                                                received will be posted without change.                 concerning the purpose of and basis for               adjustments to BOWs as appropriate to
                                                Persons submitting comments are                         the proposed rule change and discussed                take into account such conditions. ICE
                                                cautioned that we do not redact or edit                 any comments it received on the                       Clear Europe proposes to capture such
                                                personal identifying information from                   proposed rule change. The text of these               market conditions in a more
                                                comment submissions. You should                         statements may be examined at the                     comprehensive and automated way
                                                submit only information that you wish                   places specified in Item IV below. ICE                through a methodology that computes a
                                                to make available publicly. All                         Clear Europe has prepared summaries,                  variability level and a variability band
                                                submissions should refer to File                        set forth in sections (A), (B), and (C)               for each of the main risk factors based
                                                Number SR–NYSEArca–2018–23, and                         below, of the most significant aspects of             on a time series of intraday quote mid-
                                                should be submitted on or before May                    such statements.                                      levels for the most actively traded
                                                16, 2018.                                                                                                     instrument (‘‘MATI’’) of the considered
                                                                                                        (A) Clearing Agency’s Statement of the                risk factor. The BOW will be
                                                  For the Commission, by the Division of                Purpose of, and Statutory Basis for, the
                                                Trading and Markets, pursuant to delegated                                                                    automatically adjusted based on the
                                                authority.54
                                                                                                        Proposed Rule Change                                  variability band, as discussed herein.
                                                Eduardo A. Aleman,                                      (a) Purpose                                              For index instruments, under the
                                                Assistant Secretary.                                                                                          revised approach, ICE Clear Europe will
                                                                                                           ICE Clear Europe proposes revising its             compute a variability level for each of
                                                [FR Doc. 2018–08616 Filed 4–24–18; 8:45 am]             Price Discovery Policy to enhance the                 the main index risk factors. For each
                                                BILLING CODE 8011–01–P                                  methodology used to determine bid-                    instrument, ICE Clear Europe’s systems
                                                                                                        offer widths (‘‘BOWs’’) for CDS                       establish a time series of intraday quote
                                                                                                        Contracts to incorporate a new                        mid-levels for the MATI. If the last mid-
                                                SECURITIES AND EXCHANGE                                 variability band methodology, and to
                                                COMMISSION                                                                                                    level in the time series is below the
                                                                                                        make certain other updates and                        prior day’s EOD level by more than one
                                                [Release No. 34–83072; File No. SR–ICEEU–               clarifications.                                       pre-defined BOW for regime 3, the
                                                2018–006]                                                  Each business day, ICE Clear Europe                variability level is the difference
                                                                                                        determines end-of-day (‘‘EOD’’) levels                between the prior day’s EOD level and
                                                Self-Regulatory Organizations; ICE                      for CDS Contracts through its Price                   the minimum mid-level in the time
                                                Clear Europe Limited; Notice of Filing                  Discovery Policy, based on EOD                        series, divided by the pre-defined BOW.
                                                of Proposed Rule Change, Security-                      submissions from its CDS Clearing                     For intraday mid-levels falling within
                                                Based Swap Submission or Advance                        Members. ICE Clear Europe uses these                  one pre-defined regime 3 BOW from the
                                                Notice Relating to Amendments to the                    levels for mark-to-market and risk                    prior day’s EOD level, the variability
                                                ICE Clear Europe CDS End-of-Day                         management purposes. As part of this                  level is set to 1.0 if the range of mid-
                                                Pricing Policy                                          price discovery process, ICE Clear                    levels in the time series is less than or
                                                April 19, 2018                                          Europe determines BOWs for each                       equal to the pre-defined regime 3 BOW,
                                                   Pursuant to Section 19(b)(1) of the                  eligible CDS Contract. The BOW is                     and set to 1.2 if the range of mid-levels
                                                Securities Exchange Act of 1934                         intended to estimate the bid-offer width              in the time series is greater than the pre-
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 for the two-way market available for                  defined regime 3 BOW.
                                                notice is hereby given that on April 5,                 each clearing-eligible instrument at the                 Under the revised policy, ICE Clear
                                                2018, ICE Clear Europe Limited (‘‘ICE                   specified determination time on each                  Europe will establish variability bands
                                                Clear Europe’’ or the ‘‘Clearing House’’)               business day. The BOWs are then used                  (from zero to three) that correspond to
                                                                                                        in ICE Clear Europe’s price discovery                 specific ranges of variability level (with
sradovich on DSK3GMQ082PROD with NOTICES




                                                filed with the Securities and Exchange
                                                Commission (‘‘Commission’’) the                         process as inputs in the determination                band zero having the lowest range of
                                                proposed rule changes described in                      of EOD levels and firm trades, and other              variability level). ICE Clear Europe will
                                                Items I, II, and III below, which Items                 risk management matters.                              then group index risk factors into
                                                                                                           The current methodology for                        specific market-proxy groups, CDX
                                                  54 17 CFR 200.30–3(a)(12).                            determining BOWs is based on observed                 (covering the North American
                                                  1 15 U.S.C. 78s(b)(1).                                intraday quotes and an assessment of                  investment grade and high yield index
                                                  2 17 CFR 240.19b–4.                                   the current level of market variability.              risk factors) and iTraxx (covering the


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                                                                             Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                           18107

                                                iTraxx main, cross over, senior                         (b) Statutory Basis                                   CDS Contracts generally. Similarly, the
                                                financial, sub financials and high                        ICE Clear Europe believes that the                  Clearing House does not believe the
                                                volatility index risk factors). For each                proposed amendments are consistent                    amendments will reduce access to
                                                market proxy group, ICE Clear Europe                    with the requirements of Section 17A of               clearing of CDS Contracts or limit
                                                will determine a market proxy                           the Act 3 and the regulations thereunder              market participants’ choices for clearing
                                                variability band by using the largest                   applicable to it. Section 17A(b)(3)(F) of             CDS Contracts. Therefore, ICE Clear
                                                variability band computed for the index                 the Act 4 in particular requires, among               Europe does not believe the proposed
                                                risk factors within that proxy group.                   other things, that the rules of a clearing            rule changes impose any burden on
                                                   For index instruments, ICE Clear                     agency be designed to promote the                     competition that is inappropriate in
                                                Europe will continue to maintain three                  prompt and accurate clearance and                     furtherance of the purposes of the Act.
                                                different predefined BOWs, each of                      settlement of securities transactions                 (C) Clearing Agency’s Statement on
                                                which corresponds to one of three                       and, to the extent applicable, derivative             Comments on the Proposed Rule
                                                specific market regimes (regime 1,                      agreements, contracts, and transactions,              Change Received From Members,
                                                regime 2 and regime 3, with the BOW                     the safeguarding of securities and funds              Participants or Others
                                                for regime 1 being the smallest and                     in the custody or control of the clearing
                                                regime 3 the largest). As under the                     agency, and the protection of investors                 Written comments relating to the
                                                current approach, ICE Clear Europe first                and the public interest. The proposed                 proposed amendments have not been
                                                selects the market regime for each index                amendments are designed to enhance                    solicited or received by ICE Clear
                                                risk sub-factor based on its MATI.                      the Clearing House’s Price Discovery                  Europe. ICE Clear Europe will notify the
                                                Under the revised approach, ICE Clear                   Policy, which is a key aspect of the risk             Commission of any comments received
                                                Europe will then adjust the regime for                  management and daily settlement                       with respect to the proposed rule
                                                each index risk sub-factor’s MATI                       procedures of the Clearing House for                  change.
                                                depending on the applicable market                      CDS Contracts. The proposed                           III. Date of Effectiveness of the
                                                proxy variability band for the                          amendments in particular will provide                 Proposed Rule Change
                                                instrument. The adjustment (referred to                 a more comprehensive and automated
                                                                                                        approach for adjusting BOWs used in                      Within 45 days of the date of
                                                as an index variability increment) can                                                                        publication of this notice in the Federal
                                                be none, one regime (moving from                        the EOD price discovery process for
                                                                                                        both index and single-name CDS                        Register or within such longer period
                                                Regime 1 to Regime 2 or from Regime                                                                           up to 90 days (i) as the Commission may
                                                2 to Regime 3), or two regimes (moving                  Contracts to reflect market conditions,
                                                                                                        particularly during periods of high                   designate if it finds such longer period
                                                from Regime 1 to Regime 3 or from                                                                             to be appropriate and publishes its
                                                Regime 2 to Regime 3). Higher market                    market variability. ICE Clear Europe
                                                                                                        believes that the amendments will thus                reasons for so finding or (ii) as to which
                                                proxy variability bands result in a larger                                                                    the self-regulatory organization
                                                adjustment. The clearing risk                           promote prompt and accurate clearing
                                                                                                        and settlement, within the meaning of                 consents, the Commission will:
                                                department has the discretion to adjust                                                                          (A) By order approve or disapprove
                                                market regimes as it determines best                    Section 17A(b)(3)(F). For similar
                                                                                                        reasons, ICE Clear Europe believes that               the proposed rule change or
                                                reflects current market conditions.                                                                              (B) institute proceedings to determine
                                                                                                        the amendments are also consistent
                                                   For single-name instruments, the                     with the risk-based margining                         whether the proposed rule change
                                                revised policy applies a new scaling                    requirements of Commission Rule                       should be disapproved.
                                                factor, referred to as an SN variability                17Ad–22(e)(6),5 including the                            The proposal shall not take effect
                                                factor, to the consensus EOD BOWs for                   requirement to use reliable sources of                until all regulatory actions required
                                                single name instruments calculated                      timely price data and procedures and                  with respect to the proposal are
                                                under the existing methodology. The SN                  sound valuation models for addressing                 completed.
                                                variability factor will be determined                   circumstances in which pricing data are               IV. Solicitation of Comments
                                                based on a market proxy variability                     not readily available or reliable.
                                                band. ICE Clear Europe will assign each                                                                         Interested persons are invited to
                                                single name risk factor to a specific                   (B) Clearing Agency’s Statement on                    submit written data, views, and
                                                market proxy group (CDX for standard                    Burden on Competition                                 arguments concerning the foregoing,
                                                North American corporates, iTraxx for                     ICE Clear Europe does not believe the               including whether the proposed rule
                                                standard European corporates and                        proposed rule changes would have any                  change is consistent with the Act.
                                                standard Western European sovereigns).                  impact, or impose any burden, on                      Comments may be submitted by any of
                                                The scaling factor will range from 1 to                 competition not necessary or                          the following methods:
                                                1.5, depending on the market proxy                      appropriate in furtherance of the                     Electronic Comments
                                                variability band (with higher bands                     purpose of the Act. The proposed
                                                having a higher variability factor). The                changes to the Price Discovery Policy,                  • Use the Commission’s internet
                                                clearing risk department also has                       and in particular the revised BOW                     comment form (http://www.sec.gov/
                                                discretion to override the scaling actor                variability methodology for Single Name               rules/sro.shtml) or
                                                with any factor it deems appropriate to                 and Index instruments, will apply                       • Send an email to rule-comments@
                                                best reflect market conditions.                         uniformly across all CDS Clearing                     sec.gov. Please include File Number SR–
                                                                                                        Members and market participants. ICE                  ICEEU–2018–006 on the subject line.
                                                   In connection with these changes, ICE
                                                Clear Europe is removing from the                       Clear Europe does not believe the                     Paper Comments
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        amendments will adversely affect
                                                policy an alternative approach to                                                                               • Send paper comments in triplicate
                                                variability adjustments that was                        competition among CDS Clearing
                                                                                                                                                              to Secretary, Securities and Exchange
                                                planned but had not been implemented.                   Members, the cost of clearing, or the
                                                                                                                                                              Commission, 100 F Street NE,
                                                                                                        ability of market participants to clear
                                                   The amendments also contain various                                                                        Washington, DC 20549–1090.
                                                typographical corrections, updates to                     3 15 U.S.C. 78q–1.                                  All submissions should refer to File
                                                cross-references and similar                              4 15 U.S.C. 78q–1(b)(3)(F).                         Number SR–ICEEU–2018–006. This file
                                                clarifications.                                           5 17 CFR 240.17Ad–22(e)(6).                         number should be included on the


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                                                18108                           Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices

                                                subject line if email is used. To help the                (‘‘Commission’’), pursuant to Section                  the proposed rule change would remove
                                                Commission process and review your                        19(b)(1) of the Securities Exchange Act                from the performance objective setting
                                                comments more efficiently, please use                     of 1934 (‘‘Act’’),1 and Rule 19b–4                     and monitoring process all references to
                                                only one method. The Commission will                      thereunder,2 a proposed rule change to                 the ORM and assign to ICC Systems
                                                post all comments on the Commission’s                     update the ICC Operational Risk                        Operations and the ERM the ORM’s
                                                internet website (http://www.sec.gov/                     Management Framework                                   responsibilities under the mitigate and
                                                rules/sro.shtml). Copies of the                           (‘‘Framework’’). The proposed rule                     report components of the Operational
                                                submission, all subsequent                                change was published for comment in                    Risk Lifecycle.10 The proposed rule
                                                amendments, all written statements                        the Federal Register on March 7, 2018.3                change would eliminate the ORM’s
                                                with respect to the proposed rule                         The Commission did not receive                         responsibilities related to business
                                                change that are filed with the                            comments regarding the proposed rule                   continuity planning (‘‘BCP’’) and
                                                Commission, and all written                               change. For the reasons discussed                      disaster recovery (‘‘DR’’) from the
                                                communications relating to the                            below, the Commission is approving the                 ‘‘Business Continuity Planning and
                                                proposed rule change between the                          proposed rule change.                                  Disaster Recovery’’ risk focus area and
                                                Commission and any person, other than                                                                            reassign those responsibilities to ICC,
                                                                                                          II. Description of the Proposed Rule
                                                those that may be withheld from the                                                                              the ICC BCP and DR Oversight
                                                                                                          Change
                                                public in accordance with the                                                                                    Committee, and the ICC Compliance
                                                provisions of 5 U.S.C. 552, will be                          The Framework details ICC’s program                 Committee.11 Finally, the proposed rule
                                                available for website viewing and                         of operational risk assessment and                     change would remove from the ‘‘New
                                                printing in the Commission’s Public                       oversight.4 The proposed rule change                   Products, Processes and Initiatives’’ risk
                                                Reference Section, 100 F Street NE,                       would modify the Framework to remove                   focus area reference to the ORM’s role
                                                Washington, DC 20549, on official                         the role of the Operational Risk Manager               on the ICC New Initiative Approval
                                                business days between the hours of                        (‘‘ORM’’) and assign several of its                    Committee and note that the ERM
                                                10:00 a.m. and 3:00 p.m. Copies of such                   responsibilities to the ICE, Inc.                      conducts post-implementation reviews
                                                filings will also be available for                        Enterprise Risk Management Chief Risk                  of new initiatives.12
                                                inspection and copying at the principal                   Officer for North American Clearing
                                                                                                          Houses (‘‘ERM’’).5 The ORM was an ICC                     The proposed rule change would
                                                office of ICE Clear Europe and on ICE
                                                                                                          employee responsible for implementing                  revise the ‘‘Vendor Assessment’’ risk
                                                Clear Europe’s website at https://
                                                                                                          the Framework across ICC, and reported                 focus area of the Framework to clarify
                                                www.theice.com/notices/Notices.shtml?
                                                regulatoryFilings.                                        directly to ICC’s Chief Compliance                     that the ICC BCP and DR Oversight
                                                   All comments received will be posted                   Officer. The ERM, in contrast, is an ICE,              Committee will replace the ORM in
                                                without change. Persons submitting                        Inc. employee and is responsible for the               performing the following functions: (1)
                                                comments are cautioned that we do not                     ICE, Inc. Enterprise Risk Management                   Reviewing and recommending that the
                                                redact or edit personal identifying                       Department’s (‘‘ERM Department’’)                      ICC Compliance Committee approve the
                                                information from comment submissions.                     coverage of ICC,6 which provides the                   inventory of critical vendors and (2)
                                                You should submit only information                        oversight and framework for identifying,               conducting a service provider risk
                                                that you wish to make available                           assessing, managing, monitoring, and                   assessment for each critical vendor.13
                                                publicly. All submissions should refer                    reporting on risk across the ICE, Inc.                 The proposed rule change would also
                                                to File Number SR–ICEEU–2018–006                          organization as a whole.7 Going                        add to the Framework procedures for
                                                and should be submitted on or before                      forward, responsibility for overseeing                 the assessment process of critical
                                                May 16, 2018.                                             the management of the Framework will                   vendors.14
                                                  For the Commission, by the Division of                  rest with the ERM, in conjunction with                    The proposed rule change would
                                                Trading and Markets, pursuant to delegated                the ICC Compliance Committee.8                         modify the ‘‘ICE Information Security’’
                                                authority.6                                                  The proposed rule change would                      risk focus area of the Framework to refer
                                                Eduardo A. Aleman,                                        remove from the risk assessment process                to the ICE Information Security
                                                Assistant Secretary.                                      all references to the ORM and assign to                Department’s overall governing
                                                [FR Doc. 2018–08618 Filed 4–24–18; 8:45 am]
                                                                                                          the ERM the ORM’s responsibilities                     document and to reflect changes to the
                                                                                                          under the identify, monitor, mitigate,                 membership of the Department’s
                                                BILLING CODE 8011–01–P
                                                                                                          and report components of the                           governance committee.15
                                                                                                          Operational Risk Lifecycle.9 Similarly,                   Finally, the proposed rule change
                                                SECURITIES AND EXCHANGE                                     1 15
                                                                                                                                                                 would make clarifying edits to the
                                                                                                                   U.S.C. 78s(b)(1).
                                                COMMISSION                                                  2 17
                                                                                                                                                                 Framework to reflect current practices
                                                                                                                   CFR 240.19b–4.
                                                [Release No. 34–83071; File No. SR–ICC–                      3 Securities Exchange Act Release No. 82798         and other non-material changes.16 For
                                                2018–003]                                                 (March 1, 2018), 83 FR 9786 (March 7, 2018) (SR–       example, the proposed rule change
                                                                                                          ICC–2018–003) (‘‘Notice’’).                            would make minor grammatical and
                                                Self-Regulatory Organizations; ICE                           4 Notice, 83 FR at 9787. Capitalized terms used
                                                                                                                                                                 structural changes to the Framework
                                                                                                          herein but not otherwise defined have the meaning      and update the appendix to more clearly
                                                Clear Credit LLC; Order Approving                         set forth in the ICE Clear Europe rulebook, which
                                                Proposed Rule Change Relating to                          is available at https://www.theice.com/clear-europe/   summarize and describe the regulatory
                                                Amendments to the ICC Operational                         regulation#rulebook.                                   requirements and industry guidance to
                                                Risk Management Framework                                    5 Id.                                               which ICC is subject.17
                                                                                                             6 Id.
sradovich on DSK3GMQ082PROD with NOTICES




                                                April 19, 2018.                                              7 Id.
                                                                                                                                                                  10 Notice,   83 FR at 9787.
                                                                                                             8 Id.
                                                I. Introduction                                              9 Id. ICC’s operational risk program is framed by
                                                                                                                                                                  11 Id.
                                                                                                                                                                  12 Id.
                                                   On February 23, 2018, ICE Clear                        an Operational Risk Lifecycle, the goal of which is     13 Id.
                                                Credit LLC (‘‘ICC’’) filed with the                       to actively identify, assess, monitor, mitigate, and    14 Id.
                                                                                                          report on all plausible sources of operational risk.
                                                Securities and Exchange Commission                        See Securities Exchange Act Release No. 77769
                                                                                                                                                                  15 Notice,   83 FR at 9787.
                                                                                                                                                                  16 Id.
                                                                                                          (May 5, 2016), 81 FR 29312 (May 11, 2016) (SR–
                                                  6 17   CFR 200.30–3(a)(12).                             ICC–2016–003) (describing the Framework).               17 Id.   at 9787–9788.



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Document Created: 2018-11-02 08:17:49
Document Modified: 2018-11-02 08:17:49
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 18106 

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