83_FR_30928 83 FR 30802 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to Amending the ICC Clearing Rules Regarding Mark-to-Market Margin

83 FR 30802 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to Amending the ICC Clearing Rules Regarding Mark-to-Market Margin

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30802-30804
FR Document2018-13985

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30802-30804]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13985]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83513; File No. SR-ICC-2018-006]


Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of 
Filing of Proposed Rule Change Relating to Amending the ICC Clearing 
Rules Regarding Mark-to-Market Margin

June 25, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given that on June 
13, 2018, ICE Clear Credit LLC (``ICC'') filed with the Securities and 
Exchange Commission the proposed rule change as described in Items I, 
II and III below, which Items have been prepared by ICC. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice

    The principal purpose of the proposed changes is to make changes to 
the ICC Clearing Rules (the ``ICC Rules'') to more clearly characterize 
Mark-to-Market Margin payments as settled-to-market rather than 
collateralized-to-market.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change, Security-Based Swap Submission, or 
Advance Notice

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change, Security-Based Swap Submission, or 
Advance Notice

(a) Purpose
    ICC proposes revisions to Chapters 4, 8, and 20 of the ICC Rules to 
more clearly characterize Mark-to-Market Margin payments as settlement 
payments (``settled-to-market'') rather

[[Page 30803]]

than collateral (``collateralized-to-market''). Under the settled-to-
market model, the transfer of Mark-to-Market Margin constitutes a 
settlement of the contract's outstanding exposure, with the receiving 
party taking outright title to the Mark-to-Market Margin and the 
transferring party retaining no rights to such margin. Under the 
collateralized-to-market model, the transfer of Mark-to-Market Margin 
constitutes a pledge of collateral, such that the transferring party 
has a right to reclaim the collateral and the receiving party has an 
obligation to return the collateral.\3\
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    \3\ Use of a settled-to-market model, rather than a 
collateralized-to-market model, is consistent with requirements 
applicable to a derivatives clearing organization, as interpreted by 
Commodity Futures Trading Commission (``CFTC'') staff. CFTC 
Interpretive Letter No. 17-51 (Oct. 12, 2017) (``CFTC Letter''). Use 
of a settled-to-market model also may result in more favorable 
capital treatment for positions in cleared derivatives for market 
participants that are subject to regulations of U.S. banking 
supervisors implementing the Basel III capital framework. See Office 
of the Comptroller of the Currency, Board of Governors of the 
Federal Reserve System, Federal Deposit Insurance Corporation, 
Regulatory Capital Treatment of Certain Centrally-cleared Derivative 
Contracts Under Regulatory Capital Rules (Aug. 14, 2017).
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    ICC previously revised the Rules in 2015 to clarify that Mark-to-
Market Margin constituted a settlement payment. Such revisions did not 
result in a change in the manner in which Mark-to-Market Margin was 
calculated, paid or collected, and were intended to provide further 
clarity regarding the finality of ICC's settlement cycle.\4\ ICC is 
proposing additional clarifying changes to the Rules. As with the prior 
changes, the proposed amendments do not change the manner in which 
Mark-to-Market Margin is calculated, or other current ICC operational 
practices. Rather, such changes consist of additional revisions to 
terminology to further clarify the legal characterization that payments 
of Mark-to-Market Margin represent settlement rather than collateral 
payments. These clarifying changes result from further legal analysis 
with respect to ICC's characterization of Mark-to-Market Margin 
payments as settlement rather than as posting of collateral, as 
requested by its Clearing Participants (``CPs''). The proposed 
revisions are described in detail as follows.
---------------------------------------------------------------------------

    \4\ SR-ICC-2015-008.
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    ICC proposes revising Rule 401 to reference Mark-to-Market Margin 
Balance, a new term that is defined in Rule 404 and refers to the 
aggregate amount of Mark-to-Market Margin paid or received. The term is 
used in several calculations, avoids the need to repeat the definition, 
and allows ICC to more clearly and fully describe specifics pertaining 
to its Mark-to-Market Margin calculation in a single section without 
combining it with other concepts. ICC proposes adding language to Rule 
401(a), which governs House Margin, to state that ICC calculates a net 
amount of Mark-to-Market Margin by subtracting a CP's Mark-to-Market 
Margin Balance from a CP's Mark-to-Market Margin Requirement. ICC 
proposes corresponding changes referencing Mark-to-Market Margin 
Balance in Rule 401(b)(ii), which covers Client-Related Mark-to-Market 
Margin. Such changes are not intended to modify the current calculation 
of Mark-to-Market Margin, or other operational practices, but, instead, 
replace certain specifics relating to ICC's Mark-to-Market Margin 
calculation with the defined term. The amendments do not change the 
manner in which Initial Margin is calculated, posted and held.
    Further, ICC proposes to specify that a CP's Mark-to-Market Margin 
Balance is adjusted by an amount called the price alignment amount in 
revised Rule 401(g). Specifically, ICC proposes to state that it will 
pay or charge a CP price alignment amounts on any Mark-to-Market Margin 
and interest on any cash Initial Margin at a rate that may be negative. 
A price alignment amount is economically equivalent to the ``interest'' 
that ICC pays or charges a CP for any net Mark-to-Market Margin 
transferred between the parties under current Rule 401(g). However, 
since the term interest may be more typically associated with 
collateral, ICC proposes to refer to such an amount as price alignment 
to avoid confusion over the proper characterization of Mark-to-Market 
Margin as settlement payments.\5\ Such change will not affect 
operations, since ICC will continue to pay or charge a CP an amount, 
which serves the same purpose and is calculated identically, for any 
net Mark-to-Market Margin transferred between the parties. ICC also 
proposes separate clarifying language to note that the rate at which it 
pays or charges such an amount may be negative, to more clearly address 
the possibility of negative market rate environments.
---------------------------------------------------------------------------

    \5\ See CFTC Letter, supra, for a discussion of the use of price 
alignment amount instead of price alignment interest.
---------------------------------------------------------------------------

    ICC proposes to specifically reference the applicable category of 
margin to avoid confusion over the proper characterization of Mark-to-
Market Margin under the ICC Rules. ICC proposes to update Rule 401(h) 
to refer to substitutions of Initial Margin, and Rule 401(l) to refer 
to settlement finality in relation to Mark-to-Market Margin. The 
proposed changes to Rule 402, which governs ICC's rights with respect 
to the use of margin, exclude Mark-to-Market Margin from subsections 
(a) and (b), remove details relating to Mark-to-Market Margin from 
subsection (b), and specify subsection (c)'s applicability to Initial 
Margin. ICC proposes adding language to Rule 402(e) to more clearly 
state that Mark-to-Market Margin payments constitute a settlement. 
Further, ICC proposes adding new subsection (c) to Rule 404 to define 
Mark-to-Market Margin Balance as a sum equal to the Mark-to-Market 
Margin value transferred by the CP to ICC minus the Mark-to-Market 
Margin value transferred by ICC to the CP. To avoid uncertainty, ICC 
also proposes to specifically reference the applicable category of 
margin in Rule 406(c). Namely, ICC proposes to clarify that the 
requirements set forth in Rule 406(c) regarding Client-Related 
Positions apply to Initial Margin.
    ICC proposes clarifications and conforming changes to Chapters 8 
and 20 of the ICC Rules. ICC proposes clarifying language in Rule 
801(a)(i) to refer to the transfer of Mark-to-Market Margin to avoid 
confusion over the proper characterization of Mark-to-Market Margin as 
settlement payments, since ICC considers the loss after the application 
of Initial Margin and taking into account settlement of Mark-to-Market 
Margin to be uncollateralized loss. Under the proposed updates, Rule 
808 includes a conforming reference to Mark-to-Market Margin Balance. 
The proposed changes to Rule 810(e) replace terminology that is 
commonly used in conjunction with collateral to avoid confusion over 
the proper characterization of Mark-to-Market Margin as settlement 
payments. ICC proposes to clarify in Rule 20-605(c)(i)(B), which 
specifies the resources to be used to cover losses with respect to 
Client-Related Positions, that ICC will use the defaulting CP's Client-
Related Mark-to-Market Margin, to the extent not previously applied to 
pay Mark-to-Market Margin to other CPs.
(b) Statutory Basis
    Section 17A(b)(3)(F) of the Act \6\ 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; to assure the safeguarding of securities and funds which 
are in the custody or control of the clearing agency or for which it is

[[Page 30804]]

responsible; and to comply with the provisions of the Act and the rules 
and regulations thereunder. ICC believes that the proposed rule changes 
are consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to ICC, in particular, to Section 
17A(b)(3)(F),\7\ because ICC believes that the proposed rule changes 
will promote the prompt and accurate clearance and settlement of 
securities transactions, derivatives agreements, contracts, and 
transactions, and contribute to the safeguarding of securities and 
funds associated with security-based swap transactions in ICC's custody 
or control, or for which ICC is responsible. The proposed changes to 
the ICC Rules are consistent with the current calculation of Mark-to-
Market Margin and related operational practices and are intended to 
more clearly reflect the legal characterization of Mark-to-Market 
Margin payments as settlement rather than collateral payments. The 
proposed changes are designed to add certainty to ICC's Rules by 
incorporating clarifying language and changes to avoid a potential 
mischaracterization of Mark-to-Market Margin payments. The proposed 
revisions will provide market participants with certainty surrounding 
ICC's treatment of Mark-to-Market Margin, which will facilitate 
compliance with market participants' own capital requirements and 
therefore further the public interest. As such, the proposed changes 
provide additional clarity and transparency in the ICC Rules and are 
designed to promote the prompt and accurate clearance and settlement of 
securities transactions, derivatives agreements, contracts, and 
transactions within the meaning of Section 17A(b)(3)(F) \8\ of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ Id.
    \8\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule changes would have any 
impact, or impose any burden, on competition. The changes, which 
further clarify that payments of Mark-to-Market Margin represent 
settlement rather than collateral payments, result in no operational 
changes and apply uniformly across all market participants. Therefore, 
ICC 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, Security-Based Swap Submission, or Advance Notice Received From 
Members, Participants or Others

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

III. Date of Effectiveness of the Proposed Rule Change, Security-Based 
Swap Submission, or Advance Notice and Timing for Commission Action

    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 such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change, security-based swap submission, or advance notice is consistent 
with the Act. Comments may be submitted by any of the following 
methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ICC-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-ICC-2018-006. 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, security-based 
swap submission, or advance notice that are filed with the Commission, 
and all written communications relating to the proposed rule change, 
security-based swap submission, or advance notice between the 
Commission and any person, other than those that may be withheld from 
the public in accordance with the provisions of 5 U.S.C. 552, will be 
available for 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 
such filings will also be available for inspection and copying at the 
principal office of ICE Clear Credit and on ICE Clear Credit's website 
at https://www.theice.com/clear-credit/regulation. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-ICC-2018-006 and should be submitted on 
or before July 20, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13985 Filed 6-28-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                30802                              Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices

                                                   A proposed rule change filed                           Paper Comments                                          SECURITIES AND EXCHANGE
                                                pursuant to Rule 19b–4(f)(6) under the                                                                            COMMISSION
                                                Act 9 normally does not become                              • Send paper comments in triplicate
                                                                                                          to Secretary, Securities and Exchange                   [Release No. 34–83513; File No. SR–ICC–
                                                operative for 30 days after the date of its                                                                       2018–006]
                                                filing. However, Rule 19b–4(f)(6)(iii) 10                 Commission, 100 F Street NE,
                                                permits the Commission to designate a                     Washington, DC 20549–1090.                              Self-Regulatory Organizations; ICE
                                                shorter time if such action is consistent                 All submissions should refer to File                    Clear Credit LLC; Notice of Filing of
                                                with the protection of investors and the                  Number SR–MRX–2018–21. This file                        Proposed Rule Change Relating to
                                                public interest. The Exchange has                         number should be included on the                        Amending the ICC Clearing Rules
                                                requested that the Commission waive                       subject line if email is used. To help the              Regarding Mark-to-Market Margin
                                                the 30-day operative delay so that the                    Commission process and review your                      June 25, 2018.
                                                proposed rule change may become                           comments more efficiently, please use                     Pursuant to Section 19(b)(1) of the
                                                operative upon filing. The proposed rule                  only one method. The Commission will                    Securities Exchange Act of 1934 1 and
                                                change merely relocates the co-location                   post all comments on the Commission’s                   Rule 19b–4 2 thereunder, notice is
                                                and direct connectivity rules in the                      internet website (http://www.sec.gov/                   hereby given that on June 13, 2018, ICE
                                                Exchange’s Schedule of Fees and                           rules/sro.shtml). Copies of the                         Clear Credit LLC (‘‘ICC’’) filed with the
                                                updates rule cross-references.                            submission, all subsequent                              Securities and Exchange Commission
                                                Accordingly, the Commission believes                                                                              the proposed rule change as described
                                                                                                          amendments, all written statements
                                                that waiver of the 30-day operative                                                                               in Items I, II and III below, which Items
                                                                                                          with respect to the proposed rule
                                                delay is consistent with the protection                                                                           have been prepared by ICC. The
                                                                                                          change that are filed with the
                                                of investors and the public interest and                                                                          Commission is publishing this notice to
                                                                                                          Commission, and all written
                                                hereby waives the operative delay and                                                                             solicit comments on the proposed rule
                                                                                                          communications relating to the
                                                designates the proposed rule change                                                                               change from interested persons.
                                                                                                          proposed rule change between the
                                                operative upon filing.11
                                                                                                          Commission and any person, other than                   I. Clearing Agency’s Statement of the
                                                   At any time within 60 days of the                      those that may be withheld from the                     Terms of Substance of the Proposed
                                                filing of the proposed rule change, the                   public in accordance with the                           Rule Change, Security-Based Swap
                                                Commission summarily may                                  provisions of 5 U.S.C. 552, will be                     Submission, or Advance Notice
                                                temporarily suspend such rule change if                   available for website viewing and
                                                it appears to the Commission that such                                                                               The principal purpose of the
                                                                                                          printing in the Commission’s Public                     proposed changes is to make changes to
                                                action is necessary or appropriate in the                 Reference Room, 100 F Street NE,                        the ICC Clearing Rules (the ‘‘ICC Rules’’)
                                                public interest, for the protection of                    Washington, DC 20549 on official                        to more clearly characterize Mark-to-
                                                investors, or otherwise in furtherance of                 business days between the hours of                      Market Margin payments as settled-to-
                                                the purposes of the Act. If the                                                                                   market rather than collateralized-to-
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                Commission takes such action, the                                                                                 market.
                                                                                                          filing also will be available for
                                                Commission shall institute proceedings
                                                                                                          inspection and copying at the principal                 II. Clearing Agency’s Statement of the
                                                to determine whether the proposed rule
                                                change should be approved or                              office of the Exchange. All comments                    Purpose of, and Statutory Basis for, the
                                                disapproved.                                              received will be posted without change.                 Proposed Rule Change, Security-Based
                                                                                                          Persons submitting comments are                         Swap Submission, or Advance Notice
                                                IV. Solicitation of Comments                              cautioned that we do not redact or edit
                                                                                                                                                                     In its filing with the Commission, ICC
                                                                                                          personal identifying information from                   included statements concerning the
                                                  Interested persons are invited to
                                                                                                          comment submissions. You should                         purpose of and basis for the proposed
                                                submit written data, views, and
                                                                                                          submit only information that you wish                   rule change, security-based swap
                                                arguments concerning the foregoing,
                                                                                                          to make available publicly. All                         submission, or advance notice and
                                                including whether the proposed rule
                                                                                                          submissions should refer to File                        discussed any comments it received on
                                                change is consistent with the Act.
                                                Comments may be submitted by any of                       Number SR–MRX–2018–21, and should                       the proposed rule change, security-
                                                the following methods:                                    be submitted on or before July 20, 2018.                based swap submission, or advance
                                                                                                            For the Commission, by the Division of                notice. The text of these statements may
                                                Electronic Comments                                       Trading and Markets, pursuant to delegated              be examined at the places specified in
                                                                                                          authority.12                                            Item IV below. ICC has prepared
                                                  • Use the Commission’s internet                                                                                 summaries, set forth in sections (A), (B),
                                                comment form (http://www.sec.gov/                         Eduardo A. Aleman,
                                                                                                                                                                  and (C) below, of the most significant
                                                rules/sro.shtml); or                                      Assistant Secretary.
                                                                                                                                                                  aspects of these statements.
                                                  • Send an email to rule-comments@                       [FR Doc. 2018–13982 Filed 6–28–18; 8:45 am]
                                                sec.gov. Please include File Number SR–                   BILLING CODE 8011–01–P
                                                                                                                                                                  (A) Clearing Agency’s Statement of the
                                                MRX–2018–21 on the subject line.                                                                                  Purpose of, and Statutory Basis for, the
                                                                                                                                                                  Proposed Rule Change, Security-Based
                                                                                                                                                                  Swap Submission, or Advance Notice
                                                description and text of the proposed rule change,
                                                at least five business days prior to the date of filing                                                           (a) Purpose
                                                of the proposed rule change, or such shorter time
sradovich on DSK3GMQ082PROD with NOTICES




                                                as designated by the Commission. The Exchange                                                                        ICC proposes revisions to Chapters 4,
                                                has satisfied this requirement.                                                                                   8, and 20 of the ICC Rules to more
                                                   9 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                  clearly characterize Mark-to-Market
                                                   10 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                  Margin payments as settlement
                                                   11 For purposes only of waiving the 30-day

                                                operative delay, the Commission also has
                                                                                                                                                                  payments (‘‘settled-to-market’’) rather
                                                considered the proposed rule’s impact on
                                                                                                                                                                   1 15   U.S.C. 78s(b)(1).
                                                efficiency, competition, and capital formation. See
                                                15 U.S.C. 78c(f).                                           12 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



                                           VerDate Sep<11>2014    17:58 Jun 28, 2018   Jkt 244001   PO 00000   Frm 00120     Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM    29JNN1


                                                                                 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices                                          30803

                                                than collateral (‘‘collateralized-to-                   pertaining to its Mark-to-Market Margin                The proposed changes to Rule 402,
                                                market’’). Under the settled-to-market                  calculation in a single section without                which governs ICC’s rights with respect
                                                model, the transfer of Mark-to-Market                   combining it with other concepts. ICC                  to the use of margin, exclude Mark-to-
                                                Margin constitutes a settlement of the                  proposes adding language to Rule                       Market Margin from subsections (a) and
                                                contract’s outstanding exposure, with                   401(a), which governs House Margin, to                 (b), remove details relating to Mark-to-
                                                the receiving party taking outright title               state that ICC calculates a net amount of              Market Margin from subsection (b), and
                                                to the Mark-to-Market Margin and the                    Mark-to-Market Margin by subtracting a                 specify subsection (c)’s applicability to
                                                transferring party retaining no rights to               CP’s Mark-to-Market Margin Balance                     Initial Margin. ICC proposes adding
                                                such margin. Under the collateralized-                  from a CP’s Mark-to-Market Margin                      language to Rule 402(e) to more clearly
                                                to-market model, the transfer of Mark-                  Requirement. ICC proposes                              state that Mark-to-Market Margin
                                                to-Market Margin constitutes a pledge of                corresponding changes referencing                      payments constitute a settlement.
                                                collateral, such that the transferring                  Mark-to-Market Margin Balance in Rule                  Further, ICC proposes adding new
                                                party has a right to reclaim the collateral             401(b)(ii), which covers Client-Related                subsection (c) to Rule 404 to define
                                                and the receiving party has an                          Mark-to-Market Margin. Such changes                    Mark-to-Market Margin Balance as a
                                                obligation to return the collateral.3                   are not intended to modify the current                 sum equal to the Mark-to-Market Margin
                                                   ICC previously revised the Rules in                  calculation of Mark-to-Market Margin,                  value transferred by the CP to ICC
                                                2015 to clarify that Mark-to-Market                     or other operational practices, but,                   minus the Mark-to-Market Margin value
                                                Margin constituted a settlement                         instead, replace certain specifics                     transferred by ICC to the CP. To avoid
                                                payment. Such revisions did not result                  relating to ICC’s Mark-to-Market Margin                uncertainty, ICC also proposes to
                                                in a change in the manner in which                      calculation with the defined term. The                 specifically reference the applicable
                                                Mark-to-Market Margin was calculated,                   amendments do not change the manner                    category of margin in Rule 406(c).
                                                paid or collected, and were intended to                 in which Initial Margin is calculated,                 Namely, ICC proposes to clarify that the
                                                provide further clarity regarding the                   posted and held.                                       requirements set forth in Rule 406(c)
                                                finality of ICC’s settlement cycle.4 ICC is                Further, ICC proposes to specify that               regarding Client-Related Positions apply
                                                proposing additional clarifying changes                 a CP’s Mark-to-Market Margin Balance                   to Initial Margin.
                                                to the Rules. As with the prior changes,                is adjusted by an amount called the                       ICC proposes clarifications and
                                                the proposed amendments do not                          price alignment amount in revised Rule                 conforming changes to Chapters 8 and
                                                change the manner in which Mark-to-                     401(g). Specifically, ICC proposes to                  20 of the ICC Rules. ICC proposes
                                                Market Margin is calculated, or other                   state that it will pay or charge a CP price            clarifying language in Rule 801(a)(i) to
                                                current ICC operational practices.                      alignment amounts on any Mark-to-                      refer to the transfer of Mark-to-Market
                                                Rather, such changes consist of                         Market Margin and interest on any cash                 Margin to avoid confusion over the
                                                additional revisions to terminology to                  Initial Margin at a rate that may be                   proper characterization of Mark-to-
                                                further clarify the legal characterization              negative. A price alignment amount is                  Market Margin as settlement payments,
                                                that payments of Mark-to-Market Margin                  economically equivalent to the                         since ICC considers the loss after the
                                                represent settlement rather than                        ‘‘interest’’ that ICC pays or charges a CP             application of Initial Margin and taking
                                                collateral payments. These clarifying                   for any net Mark-to-Market Margin                      into account settlement of Mark-to-
                                                changes result from further legal                       transferred between the parties under                  Market Margin to be uncollateralized
                                                analysis with respect to ICC’s                          current Rule 401(g). However, since the                loss. Under the proposed updates, Rule
                                                characterization of Mark-to-Market                      term interest may be more typically                    808 includes a conforming reference to
                                                Margin payments as settlement rather                    associated with collateral, ICC proposes               Mark-to-Market Margin Balance. The
                                                than as posting of collateral, as                       to refer to such an amount as price                    proposed changes to Rule 810(e) replace
                                                requested by its Clearing Participants                  alignment to avoid confusion over the                  terminology that is commonly used in
                                                (‘‘CPs’’). The proposed revisions are                   proper characterization of Mark-to-                    conjunction with collateral to avoid
                                                described in detail as follows.                         Market Margin as settlement payments.5                 confusion over the proper
                                                   ICC proposes revising Rule 401 to                    Such change will not affect operations,                characterization of Mark-to-Market
                                                reference Mark-to-Market Margin                         since ICC will continue to pay or charge               Margin as settlement payments. ICC
                                                Balance, a new term that is defined in                  a CP an amount, which serves the same                  proposes to clarify in Rule 20–
                                                Rule 404 and refers to the aggregate                    purpose and is calculated identically,                 605(c)(i)(B), which specifies the
                                                amount of Mark-to-Market Margin paid                    for any net Mark-to-Market Margin                      resources to be used to cover losses with
                                                or received. The term is used in several                transferred between the parties. ICC also              respect to Client-Related Positions, that
                                                calculations, avoids the need to repeat                 proposes separate clarifying language to               ICC will use the defaulting CP’s Client-
                                                the definition, and allows ICC to more                  note that the rate at which it pays or                 Related Mark-to-Market Margin, to the
                                                clearly and fully describe specifics                    charges such an amount may be                          extent not previously applied to pay
                                                                                                        negative, to more clearly address the                  Mark-to-Market Margin to other CPs.
                                                   3 Use of a settled-to-market model, rather than a
                                                                                                        possibility of negative market rate                    (b) Statutory Basis
                                                collateralized-to-market model, is consistent with
                                                requirements applicable to a derivatives clearing
                                                                                                        environments.
                                                                                                           ICC proposes to specifically reference                 Section 17A(b)(3)(F) of the Act 6
                                                organization, as interpreted by Commodity Futures
                                                Trading Commission (‘‘CFTC’’) staff. CFTC               the applicable category of margin to                   requires, among other things, that the
                                                Interpretive Letter No. 17–51 (Oct. 12, 2017)           avoid confusion over the proper                        rules of a clearing agency be designed to
                                                (‘‘CFTC Letter’’). Use of a settled-to-market model
                                                                                                        characterization of Mark-to-Market                     promote the prompt and accurate
                                                also may result in more favorable capital treatment                                                            clearance and settlement of securities
                                                for positions in cleared derivatives for market         Margin under the ICC Rules. ICC
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                                                participants that are subject to regulations of U.S.    proposes to update Rule 401(h) to refer                transactions, and to the extent
                                                banking supervisors implementing the Basel III          to substitutions of Initial Margin, and                applicable, derivative agreements,
                                                capital framework. See Office of the Comptroller of
                                                                                                        Rule 401(l) to refer to settlement finality            contracts and transactions; to assure the
                                                the Currency, Board of Governors of the Federal                                                                safeguarding of securities and funds
                                                Reserve System, Federal Deposit Insurance               in relation to Mark-to-Market Margin.
                                                Corporation, Regulatory Capital Treatment of
                                                                                                                                                               which are in the custody or control of
                                                Certain Centrally-cleared Derivative Contracts             5 See CFTC Letter, supra, for a discussion of the   the clearing agency or for which it is
                                                Under Regulatory Capital Rules (Aug. 14, 2017).         use of price alignment amount instead of price
                                                   4 SR–ICC–2015–008.                                   alignment interest.                                     6 15   U.S.C. 78q–1(b)(3)(F).



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                                                30804                           Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices

                                                responsible; and to comply with the                     (C) Clearing Agency’s Statement on                     change, security-based swap
                                                provisions of the Act and the rules and                 Comments on the Proposed Rule                          submission, or advance notice that are
                                                regulations thereunder. ICC believes                    Change, Security-Based Swap                            filed with the Commission, and all
                                                that the proposed rule changes are                      Submission, or Advance Notice                          written communications relating to the
                                                consistent with the requirements of the                 Received From Members, Participants or                 proposed rule change, security-based
                                                Act and the rules and regulations                       Others                                                 swap submission, or advance notice
                                                thereunder applicable to ICC, in                                                                               between the Commission and any
                                                                                                          Written comments relating to the
                                                particular, to Section 17A(b)(3)(F),7                                                                          person, other than those that may be
                                                                                                        proposed rule change have not been
                                                because ICC believes that the proposed                                                                         withheld from the public in accordance
                                                                                                        solicited or received. ICC will notify the
                                                                                                                                                               with the provisions of 5 U.S.C. 552, will
                                                rule changes will promote the prompt                    Commission of any written comments
                                                                                                                                                               be available for website viewing and
                                                and accurate clearance and settlement of                received by ICC.
                                                                                                                                                               printing in the Commission’s Public
                                                securities transactions, derivatives                                                                           Reference Room, 100 F Street NE,
                                                                                                        III. Date of Effectiveness of the
                                                agreements, contracts, and transactions,                Proposed Rule Change, Security-Based                   Washington, DC 20549, on official
                                                and contribute to the safeguarding of                   Swap Submission, or Advance Notice                     business days between the hours of
                                                securities and funds associated with                    and Timing for Commission Action                       10:00 a.m. and 3:00 p.m. Copies of such
                                                security-based swap transactions in                                                                            filings will also be available for
                                                ICC’s custody or control, or for which                    Within 45 days of the date of
                                                                                                                                                               inspection and copying at the principal
                                                ICC is responsible. The proposed                        publication of this notice in the Federal
                                                                                                                                                               office of ICE Clear Credit and on ICE
                                                changes to the ICC Rules are consistent                 Register or within such longer period
                                                                                                                                                               Clear Credit’s website at https://
                                                with the current calculation of Mark-to-                up to 90 days (i) as the Commission may
                                                                                                                                                               www.theice.com/clear-credit/regulation.
                                                Market Margin and related operational                   designate if it finds such longer period
                                                                                                                                                               All comments received will be posted
                                                                                                        to be appropriate and publishes its
                                                practices and are intended to more                                                                             without change. Persons submitting
                                                                                                        reasons for so finding or (ii) as to which
                                                clearly reflect the legal characterization                                                                     comments are cautioned that we do not
                                                                                                        the self-regulatory organization
                                                of Mark-to-Market Margin payments as                                                                           redact or edit personal identifying
                                                                                                        consents, the Commission will:                         information from comment submissions.
                                                settlement rather than collateral                         (A) By order approve or disapprove
                                                payments. The proposed changes are                                                                             You should submit only information
                                                                                                        such proposed rule change, or                          that you wish to make available
                                                designed to add certainty to ICC’s Rules                  (B) institute proceedings to determine
                                                by incorporating clarifying language and                                                                       publicly. All submissions should refer
                                                                                                        whether the proposed rule change                       to File Number SR–ICC–2018–006 and
                                                changes to avoid a potential                            should be disapproved.
                                                mischaracterization of Mark-to-Market                                                                          should be submitted on or before July
                                                Margin payments. The proposed                           IV. Solicitation of Comments                           20, 2018.
                                                revisions will provide market                             Interested persons are invited to                      For the Commission, by the Division of
                                                participants with certainty surrounding                 submit written data, views, and                        Trading and Markets, pursuant to delegated
                                                ICC’s treatment of Mark-to-Market                                                                              authority.9
                                                                                                        arguments concerning the foregoing,
                                                Margin, which will facilitate                           including whether the proposed rule                    Eduardo A. Aleman,
                                                compliance with market participants’                    change, security-based swap                            Assistant Secretary.
                                                own capital requirements and therefore                  submission, or advance notice is                       [FR Doc. 2018–13985 Filed 6–28–18; 8:45 am]
                                                further the public interest. As such, the               consistent with the Act. Comments may                  BILLING CODE 8011–01–P
                                                proposed changes provide additional                     be submitted by any of the following
                                                clarity and transparency in the ICC                     methods:
                                                Rules and are designed to promote the                                                                          SECURITIES AND EXCHANGE
                                                                                                        Electronic Comments                                    COMMISSION
                                                prompt and accurate clearance and
                                                settlement of securities transactions,                    • Use the Commission’s internet                      [Release No. 34–83514; File No. SR–GEMX–
                                                derivatives agreements, contracts, and                  comment form (http://www.sec.gov/                      2018–22)
                                                transactions within the meaning of                      rules/sro.shtml); or
                                                Section 17A(b)(3)(F) 8 of the Act.                        • Send an email to rule-comments@                    Self-Regulatory Organizations; Nasdaq
                                                                                                        sec.gov. Please include File Number SR–                GEMX, LLC; Notice of Filing and
                                                (B) Clearing Agency’s Statement on                      ICC–2018–006 on the subject line.                      Immediate Effectiveness of Proposed
                                                Burden on Competition                                                                                          Rule Change To Relocate the
                                                                                                        Paper Comments                                         Exchange’s Rules Pertaining to Co-
                                                  ICC does not believe the proposed                       Send paper comments in triplicate to                 Location and Direct Connectivity
                                                rule changes would have any impact, or                  Secretary, Securities and Exchange
                                                impose any burden, on competition.                                                                             June 25, 2018.
                                                                                                        Commission, 100 F Street NE,
                                                The changes, which further clarify that                                                                           Pursuant to Section 19(b)(1) of the
                                                                                                        Washington, DC 20549–1090.
                                                payments of Mark-to-Market Margin                                                                              Securities Exchange Act of 1934
                                                                                                        All submissions should refer to File                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                represent settlement rather than                        Number SR–ICC–2018–006. This file                      notice is hereby given that on June 13,
                                                collateral payments, result in no                       number should be included on the                       2018, Nasdaq GEMX, LLC (‘‘GEMX’’ or
                                                operational changes and apply                           subject line if email is used. To help the             ‘‘Exchange’’) filed with the Securities
                                                uniformly across all market participants.               Commission process and review your                     and Exchange Commission
                                                Therefore, ICC does not believe the                     comments more efficiently, please use
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                                                                                                                                                               (‘‘Commission’’) the proposed rule
                                                proposed rule changes impose any                        only one method. The Commission will                   change as described in Items I and II
                                                burden on competition that is                           post all comments on the Commission’s                  below, which Items have been prepared
                                                inappropriate in furtherance of the                     internet website (http://www.sec.gov/                  by the Exchange. The Commission is
                                                purposes of the Act.                                    rules/sro.shtml). Copies of the
                                                                                                        submission, all subsequent                               9 17 CFR 200.30–3(a)(12).
                                                  7 Id.                                                 amendments, all written statements                       1 15 U.S.C. 78s(b)(1).
                                                  8 Id.                                                 with respect to the proposed rule                        2 17 CFR 240.19b–4.




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Document Created: 2018-06-29 01:13:14
Document Modified: 2018-06-29 01:13:14
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 30802 

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