83_FR_53339 83 FR 53136 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to ICC's Stress Testing Framework and ICC's Liquidity Risk Management Framework

83 FR 53136 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to ICC's Stress Testing Framework and ICC's Liquidity Risk Management Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range53136-53138
FR Document2018-22776

Federal Register, Volume 83 Issue 203 (Friday, October 19, 2018)
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53136-53138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22776]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84424; File No. SR-ICC-2018-010]


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

October 15, 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 October 1, 2018, ICE Clear Credit LLC (``ICC'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change described in Items I, II, and III below, which Items have been 
prepared primarily by ICC. ICC filed the proposed rule changes pursuant 
to Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(4)(ii) 
thereunder,\4\ so that the proposal was immediately effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The principal purpose of the proposed rule change is to revise the 
ICC Stress Testing Framework and the ICC Liquidity Risk Management 
Framework. These revisions do not require any changes to the ICC 
Clearing Rules (``Rules'').

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

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

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

(a) Purpose
    ICC proposes revising its Stress Testing Framework and its 
Liquidity Risk Management Framework. Specifically, ICC proposes 
clarifying changes regarding current aspects of its stress testing and 
liquidity stress testing practices to address comments received from 
independent validations, as well as additional clean-up changes. The 
independent validator comments revolve around clarification updates 
that do not change ICC's current stress testing and liquidity stress 
testing practices. ICC's proposed changes to address the independent 
validator comments include updates to correct inconsistencies between 
section numbering and the table of contents, ensure that scenarios are 
categorized consistently across the ICC Stress Testing Framework and 
the ICC Liquidity Risk Management Framework, define potentially unclear 
terminology, and clarify or include additional detail relating to 
potentially ambiguous phrases or text such that ICC's documentation 
provides a clearer view of its stress testing and liquidity stress 
testing practices. ICC believes such revisions will facilitate the 
prompt and accurate clearance and settlement of securities transactions 
and derivative agreements, contracts, and transactions for which it is 
responsible. The proposed revisions are described in detail as follows.
Stress Testing Framework
    ICC proposes revisions to the Stress Testing Framework to address 
independent validator comments and to make clarification and clean-up 
changes to enhance readability. ICC proposes clean-up changes to the 
Table of Contents to add two sections, which are not new to the 
document, but were previously excluded from the Table of Contents. ICC 
also proposes, for clarity, updates to the `Overview' section to 
abbreviate ``Risk Committee'' to ``RC.'' ICC proposes corresponding 
changes throughout the document.
    ICC proposes amendments to the `Predefined Scenarios' section of 
the Stress Testing Framework. ICC proposes to divide the predefined 
scenarios into four categories. Previously, the Stress Testing 
Framework divided the predefined scenarios into three categories by 
combining the Historically Observed Extreme but Plausible Market 
Scenarios: Severity of Losses in Response to a Baseline Credit Event 
and the Hypothetically Constructed (Forward Looking) Extreme but 
Plausible Market Scenarios into one category. ICC proposes to separate 
these scenarios into two categories to maintain uniformity throughout 
the Stress Testing Framework since each represents a distinct sub-
section in the `Predefined Scenarios' section of the Stress Testing 
Framework. Additionally, ICC proposes to categorize the Discordant 
Spread Scenarios (i.e., scenarios designed to reproduce significant 
discordant outcomes during the considered period) and the Opposite 
Discordant Spread Scenarios (i.e., scenarios constructed using the 
opposite discordant outcomes to those observed during the considered 
period) as Historically Observed Extreme but Plausible to ensure 
consistency with the scenarios classified as Historically Observed 
Extreme but Plausible in the Liquidity Risk Management Framework, which 
include the Discordant Spread Scenarios and the Opposite Discordant 
Spread Scenarios.
    ICC proposes clarifying changes to the `Display of Discordant 
Behavior among Instrument Groups' section. ICC proposes to more clearly 
define discordant change as discordant relative spread move. ICC 
proposes to add clarifying language to define the market depth of 
sovereign reference entities in terms of the observed weekly trading 
volumes from the Depository Trust & Clearing Corporation (``DTCC''). In 
addition, ICC proposes to include language to clarify that the 
historical period selected to represent the greatest combined 
discordant change for sovereign reference entities can be different 
from the one selected for corporate single names (``SNs'').
    ICC proposes enhancements to the `Reverse Stress Testing: Guaranty 
Fund Adequacy Analysis' section to provide additional clarity regarding 
how ICC performs such analysis. Specifically, ICC proposes to add 
explanatory language to note that, upon the simultaneous default of two 
Clearing Participant (``CP'') affiliate groups (``AGs''), ICC considers 
additional adverse spread realizations and idiosyncratic credit events 
associated with reference obligations on which the stress tested CP 
sold protection.
    ICC proposes enhancements to the `Interest Rate Sensitivity 
Analysis'

[[Page 53137]]

section to further clarify its analysis. To avoid confusing interest 
rate shocks as haircuts, ICC proposes to clarify that interest rate 
shocks used for stress testing are based on interest rate shocks 
observed during historical periods used to estimate haircuts.
    ICC proposes clarification changes to the `Guaranty Fund Sizing 
Sensitivity Analysis' section. ICC's Guaranty Fund (``GF'') model aims 
to establish financial resources that are sufficient to cover 
hypothetical losses associated with the simultaneous credit events 
where up to five SN Risk Factor Groups (``RFGs'') \5\ are impacted. In 
that, two of the selected SN RFGs are CP AGs (i.e., Cover-2 GF sizing) 
and the other three RFGs are non-CP RFGs. Under the alternative 
combination, three of the selected SN RFGs are CP AGs (i.e., Cover-3 GF 
sizing) and the other two RFGs are non-CP RFGs. Given that two or three 
of the selected SN RFGs are CP AGs, ICC proposes to provide specific 
reference to CP AGs when referring to Cover-2 and Cover-3 GF sizing. 
ICC proposes corresponding changes throughout the document when 
referencing Cover-2 and Cover-3.
---------------------------------------------------------------------------

    \5\ ICC deems each SN reference entity a Risk Factor. ICC deems 
a set of SN Risk Factors related by a common parental ownership 
structure a RFG.
---------------------------------------------------------------------------

    ICC proposes updates to the `Interpretation of Results' section. 
For clarity, ICC proposes revisions to specify when it assesses Cover-2 
in terms of two CP AGs generating the largest uncollateralized stress 
losses (i.e., stress losses over their corresponding financial 
resources) versus two CP AGs generating the largest consumption of the 
GF. ICC proposes incorporating the Discordant Spread Scenarios and the 
Opposite Discordant Spread Scenarios in its list of Historically 
Observed and Hypothetically Constructed Extreme but Plausible Scenarios 
to ensure consistency with the Historically Observed Extreme but 
Plausible Scenarios set forth in the Liquidity Risk Management 
Framework, which include the Discordant Spread Scenarios and the 
Opposite Discordant Spread Scenarios. In addition, ICC proposes to 
further clarify the role of large position requirements, noting that 
large position requirements, although initially excluded, are included 
in the available total margin used to cover hypothetical losses from 
stress test results.
    ICC proposes amending the `Post-Stress Testing Review & Governance 
Structure' section to more clearly reflect the ICC Risk Department's 
reporting and stress testing obligations. The proposed changes clarify 
that, for each considered stress scenario, the ICC Risk Department 
creates and reviews stress testing results for all applicable CP AGs. 
The proposed changes further specify which scenarios are provided 
weekly for reporting purposes and which are provided monthly to the 
Risk Committee. The proposed changes also note the ICC Risk 
Department's reporting obligation if deficiencies are uncovered during 
analysis of certain Cover-2 stress scenarios, along with the ICC Risk 
Department's obligation to execute stress testing regularly for all CP 
AGs.
Liquidity Risk Management Framework
    ICC proposes revisions to its Liquidity Risk Management Framework 
to make clean-up changes and clarification changes in response to 
independent validator comments. Specifically, ICC proposes to revise 
the `Discordant Scenario' sub-section to more clearly define discordant 
change as discordant relative spread move. In addition, consistent with 
the Stress Testing Framework, ICC proposes modifying the `Required 
Analysis' section to more clearly reflect the ICC Risk Department's 
reporting and stress testing obligations. ICC proposes to note that, 
for each considered stress scenario, the ICC Risk Department executes 
stress testing daily for all applicable CP AGs. ICC also proposes to 
specify which scenarios are provided weekly for reporting purposes and 
which are provided monthly to the Risk Committee.
(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 
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 
17(A)(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 Stress Testing Framework and the Liquidity Risk Management 
Framework to address independent validator comments provide additional 
clarity and transparency regarding ICC's stress testing and liquidity 
stress testing practices and enhance ICC's approach to identifying 
potential weaknesses in the risk methodology as well as the methodology 
for testing the sufficiency of ICC's liquidity resources. The 
clarification and clean-up changes that enhance readability further 
ensure that the documentation of ICC's Stress Testing Framework and 
Liquidity Risk Management Framework remains up-to-date, clear, and 
transparent. ICC believes that having policies and procedures that 
clearly and accurately document ICC's stress testing and liquidity 
stress testing practices are an important component to the 
effectiveness of ICC's risk management system, which promotes the 
prompt and accurate clearance and settlement of securities 
transactions, derivatives agreements, contracts, and transactions and 
contributes 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. As such, the proposed rule changes are 
designed to promote the prompt and accurate clearance and settlement of 
securities transactions, derivatives agreements, contracts, and 
transactions and to 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 within the meaning of 
Section 17A(b)(3)(F) of the Act.\8\
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    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

    In addition, the proposed revisions to the Stress Testing Framework 
and the Liquidity Risk Management Framework are consistent with the 
relevant requirements of Rule 17Ad-22.\9\ Rule 17Ad-22(b)(3) \10\ 
requires ICC to establish, implement, maintain and enforce written 
policies and procedures reasonably designed to maintain sufficient 
financial resources to withstand, at a minimum, a default by the two CP 
families to which it has the largest exposures in extreme but plausible 
market conditions. The proposed changes to the Stress Testing Framework 
and the Liquidity Risk Management Framework provide further clarity and 
transparency regarding ICC's

[[Page 53138]]

stress testing and liquidity stress testing practices and enhance ICC's 
approach to identifying potential weaknesses in the risk methodology as 
well as the methodology for testing the sufficiency of ICC's liquidity 
resources, thereby ensuring that ICC maintains sufficient financial 
resources to withstand, at a minimum, a default by the two CP families 
to which it has the largest exposures in extreme but plausible market 
conditions, consistent with the requirements of Rule 17Ad-22(b)(3).\11\
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    \9\ 17 CFR 240.17Ad-22.
    \10\ 17 CFR 240.17Ad-22(b)(3).
    \11\ Id.
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    Rule 17Ad-22(d)(8) \12\ requires ICC to establish, implement, 
maintain and enforce written policies and procedures reasonably 
designed to have governance arrangements that are clear and transparent 
to fulfill the public interest requirements in Section 17A of the 
Act.\13\ By updating the Stress Testing Framework and the Liquidity 
Risk Management Framework so that the documents more clearly reflect 
the assignment of responsibilities to the ICC Risk Department in terms 
of reporting and stress testing obligations, the proposed changes will 
ensure that ICC's governance of the Stress Testing Framework and the 
Liquidity Risk Management Framework is clear, transparent, and 
documented accurately, consistent with the requirements of Rule 17Ad-
22(d)(8).\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.17Ad-22(d)(8).
    \13\ 15 U.S.C. 78q-1.
    \14\ 17 CFR 240.17Ad-22(d)(8).
---------------------------------------------------------------------------

(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 proposed changes to 
ICC's Stress Testing Framework and ICC's Liquidity Risk Management 
Framework will 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 
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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ICC-2018-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2018-010. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of 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-2018-010 and should be 
submitted on or before November 9, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
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    \15\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-22776 Filed 10-18-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              53136                             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices

                                                All submissions should refer to File                  rule change and discussed any                         to divide the predefined scenarios into
                                              Number SR–GEMX–2018–35 and                              comments it received on the proposed                  four categories. Previously, the Stress
                                              should be submitted on or before                        rule change. The text of these statements             Testing Framework divided the
                                              November 9, 2018.                                       may be examined at the places specified               predefined scenarios into three
                                                For the Commission, by the Division of                in Item IV below. ICC has prepared                    categories by combining the Historically
                                              Trading and Markets, pursuant to delegated              summaries, set forth in sections (A), (B),            Observed Extreme but Plausible Market
                                              authority.12                                            and (C) below, of the most significant                Scenarios: Severity of Losses in
                                              Eduardo A. Aleman,                                      aspects of these statements.                          Response to a Baseline Credit Event and
                                              Assistant Secretary.                                                                                          the Hypothetically Constructed
                                                                                                      (A) Clearing Agency’s Statement of the                (Forward Looking) Extreme but
                                              [FR Doc. 2018–22777 Filed 10–18–18; 8:45 am]            Purpose of, and Statutory Basis for, the              Plausible Market Scenarios into one
                                              BILLING CODE 8011–01–P                                  Proposed Rule Change                                  category. ICC proposes to separate these
                                                                                                      (a) Purpose                                           scenarios into two categories to
                                              SECURITIES AND EXCHANGE                                                                                       maintain uniformity throughout the
                                                                                                         ICC proposes revising its Stress
                                              COMMISSION                                                                                                    Stress Testing Framework since each
                                                                                                      Testing Framework and its Liquidity
                                                                                                                                                            represents a distinct sub-section in the
                                              [Release No. 34–84424; File No. SR–ICC–                 Risk Management Framework.
                                                                                                                                                            ‘Predefined Scenarios’ section of the
                                              2018–010]                                               Specifically, ICC proposes clarifying
                                                                                                                                                            Stress Testing Framework. Additionally,
                                                                                                      changes regarding current aspects of its
                                                                                                                                                            ICC proposes to categorize the
                                              Self-Regulatory Organizations; ICE                      stress testing and liquidity stress testing           Discordant Spread Scenarios (i.e.,
                                              Clear Credit LLC; Notice of Filing and                  practices to address comments received                scenarios designed to reproduce
                                              Immediate Effectiveness of a Proposed                   from independent validations, as well as              significant discordant outcomes during
                                              Rule Change Relating to ICC’s Stress                    additional clean-up changes. The                      the considered period) and the Opposite
                                              Testing Framework and ICC’s Liquidity                   independent validator comments                        Discordant Spread Scenarios (i.e.,
                                              Risk Management Framework                               revolve around clarification updates                  scenarios constructed using the opposite
                                                                                                      that do not change ICC’s current stress               discordant outcomes to those observed
                                              October 15, 2018.                                       testing and liquidity stress testing
                                                 Pursuant to Section 19(b)(1) of the                                                                        during the considered period) as
                                                                                                      practices. ICC’s proposed changes to                  Historically Observed Extreme but
                                              Securities Exchange Act of 1934                         address the independent validator
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                       Plausible to ensure consistency with the
                                                                                                      comments include updates to correct                   scenarios classified as Historically
                                              notice is hereby given that on October                  inconsistencies between section
                                              1, 2018, ICE Clear Credit LLC (‘‘ICC’’)                                                                       Observed Extreme but Plausible in the
                                                                                                      numbering and the table of contents,                  Liquidity Risk Management Framework,
                                              filed with the Securities and Exchange                  ensure that scenarios are categorized
                                              Commission (‘‘Commission’’) the                                                                               which include the Discordant Spread
                                                                                                      consistently across the ICC Stress                    Scenarios and the Opposite Discordant
                                              proposed rule change described in Items                 Testing Framework and the ICC
                                              I, II, and III below, which Items have                                                                        Spread Scenarios.
                                                                                                      Liquidity Risk Management Framework,                     ICC proposes clarifying changes to the
                                              been prepared primarily by ICC. ICC                     define potentially unclear terminology,
                                              filed the proposed rule changes                                                                               ‘Display of Discordant Behavior among
                                                                                                      and clarify or include additional detail              Instrument Groups’ section. ICC
                                              pursuant to Section 19(b)(3)(A) of the                  relating to potentially ambiguous                     proposes to more clearly define
                                              Act,3 and Rule 19b–4(f)(4)(ii)                          phrases or text such that ICC’s                       discordant change as discordant relative
                                              thereunder,4 so that the proposal was                   documentation provides a clearer view                 spread move. ICC proposes to add
                                              immediately effective upon filing with                  of its stress testing and liquidity stress            clarifying language to define the market
                                              the Commission. The Commission is                       testing practices. ICC believes such                  depth of sovereign reference entities in
                                              publishing this notice to solicit                       revisions will facilitate the prompt and              terms of the observed weekly trading
                                              comments on the proposed rule change                    accurate clearance and settlement of                  volumes from the Depository Trust &
                                              from interested persons.                                securities transactions and derivative                Clearing Corporation (‘‘DTCC’’). In
                                              I. Clearing Agency’s Statement of the                   agreements, contracts, and transactions               addition, ICC proposes to include
                                              Terms of Substance of the Proposed                      for which it is responsible. The                      language to clarify that the historical
                                              Rule Change                                             proposed revisions are described in                   period selected to represent the greatest
                                                                                                      detail as follows.                                    combined discordant change for
                                                 The principal purpose of the
                                              proposed rule change is to revise the                   Stress Testing Framework                              sovereign reference entities can be
                                              ICC Stress Testing Framework and the                                                                          different from the one selected for
                                                                                                        ICC proposes revisions to the Stress                corporate single names (‘‘SNs’’).
                                              ICC Liquidity Risk Management                           Testing Framework to address                             ICC proposes enhancements to the
                                              Framework. These revisions do not                       independent validator comments and to                 ‘Reverse Stress Testing: Guaranty Fund
                                              require any changes to the ICC Clearing                 make clarification and clean-up changes               Adequacy Analysis’ section to provide
                                              Rules (‘‘Rules’’).                                      to enhance readability. ICC proposes                  additional clarity regarding how ICC
                                              II. Clearing Agency’s Statement of the                  clean-up changes to the Table of                      performs such analysis. Specifically,
                                              Purpose of, and Statutory Basis for, the                Contents to add two sections, which are               ICC proposes to add explanatory
                                              Proposed Rule Change                                    not new to the document, but were                     language to note that, upon the
                                                 In its filing with the Commission, ICC               previously excluded from the Table of                 simultaneous default of two Clearing
                                                                                                      Contents. ICC also proposes, for clarity,             Participant (‘‘CP’’) affiliate groups
amozie on DSK3GDR082PROD with NOTICES1




                                              included statements concerning the
                                              purpose of and basis for the proposed                   updates to the ‘Overview’ section to                  (‘‘AGs’’), ICC considers additional
                                                                                                      abbreviate ‘‘Risk Committee’’ to ‘‘RC.’’              adverse spread realizations and
                                                12 17 CFR 200.30–3(a)(12).
                                                                                                      ICC proposes corresponding changes                    idiosyncratic credit events associated
                                                1 15 U.S.C. 78s(b)(1).                                throughout the document.                              with reference obligations on which the
                                                2 17 CFR 240.19b–4.                                     ICC proposes amendments to the                      stress tested CP sold protection.
                                                3 15 U.S.C. 78s(b)(3)(A).                             ‘Predefined Scenarios’ section of the                    ICC proposes enhancements to the
                                                4 17 CFR 240.19b–4(f)(4)(ii).                         Stress Testing Framework. ICC proposes                ‘Interest Rate Sensitivity Analysis’


                                         VerDate Sep<11>2014   17:25 Oct 18, 2018   Jkt 247001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\19OCN1.SGM   19OCN1


                                                                            Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices                                              53137

                                              section to further clarify its analysis. To             stress scenario, the ICC Risk Department                security-based swap transactions in
                                              avoid confusing interest rate shocks as                 creates and reviews stress testing results              ICC’s custody or control, or for which
                                              haircuts, ICC proposes to clarify that                  for all applicable CP AGs. The proposed                 ICC is responsible. The proposed
                                              interest rate shocks used for stress                    changes further specify which scenarios                 changes to the Stress Testing
                                              testing are based on interest rate shocks               are provided weekly for reporting                       Framework and the Liquidity Risk
                                              observed during historical periods used                 purposes and which are provided                         Management Framework to address
                                              to estimate haircuts.                                   monthly to the Risk Committee. The                      independent validator comments
                                                 ICC proposes clarification changes to                proposed changes also note the ICC Risk                 provide additional clarity and
                                              the ‘Guaranty Fund Sizing Sensitivity                   Department’s reporting obligation if                    transparency regarding ICC’s stress
                                              Analysis’ section. ICC’s Guaranty Fund                  deficiencies are uncovered during                       testing and liquidity stress testing
                                              (‘‘GF’’) model aims to establish financial              analysis of certain Cover-2 stress                      practices and enhance ICC’s approach to
                                              resources that are sufficient to cover                  scenarios, along with the ICC Risk                      identifying potential weaknesses in the
                                              hypothetical losses associated with the                 Department’s obligation to execute                      risk methodology as well as the
                                              simultaneous credit events where up to                  stress testing regularly for all CP AGs.                methodology for testing the sufficiency
                                              five SN Risk Factor Groups (‘‘RFGs’’) 5                                                                         of ICC’s liquidity resources. The
                                                                                                      Liquidity Risk Management Framework
                                              are impacted. In that, two of the selected                                                                      clarification and clean-up changes that
                                              SN RFGs are CP AGs (i.e., Cover-2 GF                      ICC proposes revisions to its Liquidity               enhance readability further ensure that
                                              sizing) and the other three RFGs are                    Risk Management Framework to make                       the documentation of ICC’s Stress
                                              non-CP RFGs. Under the alternative                      clean-up changes and clarification                      Testing Framework and Liquidity Risk
                                              combination, three of the selected SN                   changes in response to independent                      Management Framework remains up-to-
                                              RFGs are CP AGs (i.e., Cover-3 GF                       validator comments. Specifically, ICC                   date, clear, and transparent. ICC
                                              sizing) and the other two RFGs are non-                 proposes to revise the ‘Discordant                      believes that having policies and
                                              CP RFGs. Given that two or three of the                 Scenario’ sub-section to more clearly                   procedures that clearly and accurately
                                              selected SN RFGs are CP AGs, ICC                        define discordant change as discordant                  document ICC’s stress testing and
                                              proposes to provide specific reference to               relative spread move. In addition,                      liquidity stress testing practices are an
                                              CP AGs when referring to Cover-2 and                    consistent with the Stress Testing                      important component to the
                                              Cover-3 GF sizing. ICC proposes                         Framework, ICC proposes modifying the                   effectiveness of ICC’s risk management
                                              corresponding changes throughout the                    ‘Required Analysis’ section to more                     system, which promotes the prompt and
                                              document when referencing Cover-2                       clearly reflect the ICC Risk Department’s               accurate clearance and settlement of
                                              and Cover-3.                                            reporting and stress testing obligations.               securities transactions, derivatives
                                                 ICC proposes updates to the                          ICC proposes to note that, for each                     agreements, contracts, and transactions
                                              ‘Interpretation of Results’ section. For                considered stress scenario, the ICC Risk                and contributes to the safeguarding of
                                              clarity, ICC proposes revisions to                      Department executes stress testing daily                securities and funds associated with
                                              specify when it assesses Cover-2 in                     for all applicable CP AGs. ICC also                     security-based swap transactions in
                                              terms of two CP AGs generating the                      proposes to specify which scenarios are                 ICC’s custody or control, or for which
                                              largest uncollateralized stress losses                  provided weekly for reporting purposes                  ICC is responsible. As such, the
                                              (i.e., stress losses over their                         and which are provided monthly to the                   proposed rule changes are designed to
                                              corresponding financial resources)                      Risk Committee.                                         promote the prompt and accurate
                                              versus two CP AGs generating the                        (b) Statutory Basis                                     clearance and settlement of securities
                                              largest consumption of the GF. ICC                                                                              transactions, derivatives agreements,
                                              proposes incorporating the Discordant                      Section 17A(b)(3)(F) of the Act 6                    contracts, and transactions and to
                                              Spread Scenarios and the Opposite                       requires, among other things, that the                  contribute to the safeguarding of
                                              Discordant Spread Scenarios in its list                 rules of a clearing agency be designed to               securities and funds associated with
                                              of Historically Observed and                            promote the prompt and accurate                         security-based swap transactions in
                                              Hypothetically Constructed Extreme but                  clearance and settlement of securities                  ICC’s custody or control, or for which
                                              Plausible Scenarios to ensure                           transactions, and to the extent                         ICC is responsible within the meaning
                                              consistency with the Historically                       applicable, derivative agreements,                      of Section 17A(b)(3)(F) of the Act.8
                                              Observed Extreme but Plausible                          contracts and transactions; to assure the                  In addition, the proposed revisions to
                                              Scenarios set forth in the Liquidity Risk               safeguarding of securities and funds                    the Stress Testing Framework and the
                                              Management Framework, which include                     which are in the custody or control of                  Liquidity Risk Management Framework
                                              the Discordant Spread Scenarios and the                 the clearing agency or for which it is                  are consistent with the relevant
                                              Opposite Discordant Spread Scenarios.                   responsible; and to comply with the                     requirements of Rule 17Ad–22.9 Rule
                                              In addition, ICC proposes to further                    provisions of the Act and the rules and                 17Ad–22(b)(3) 10 requires ICC to
                                              clarify the role of large position                      regulations thereunder. ICC believes                    establish, implement, maintain and
                                              requirements, noting that large position                that the proposed rule changes are                      enforce written policies and procedures
                                              requirements, although initially                        consistent with the requirements of the                 reasonably designed to maintain
                                              excluded, are included in the available                 Act and the rules and regulations                       sufficient financial resources to
                                              total margin used to cover hypothetical                 thereunder applicable to ICC, in                        withstand, at a minimum, a default by
                                              losses from stress test results.                        particular, to Section 17(A)(b)(3)(F),7                 the two CP families to which it has the
                                                 ICC proposes amending the ‘Post-                     because ICC believes that the proposed                  largest exposures in extreme but
                                              Stress Testing Review & Governance                      rule changes will promote the prompt                    plausible market conditions. The
                                                                                                      and accurate clearance and settlement of                proposed changes to the Stress Testing
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                                              Structure’ section to more clearly reflect
                                              the ICC Risk Department’s reporting and                 securities transactions, derivatives                    Framework and the Liquidity Risk
                                              stress testing obligations. The proposed                agreements, contracts, and transactions,                Management Framework provide further
                                              changes clarify that, for each considered               and contribute to the safeguarding of                   clarity and transparency regarding ICC’s
                                                                                                      securities and funds associated with
                                                5 ICC deems each SN reference entity a Risk                                                                     8 Id.
                                                                                                        6 15    U.S.C. 78q–1(b)(3)(F).                          9 17    CFR 240.17Ad–22.
                                              Factor. ICC deems a set of SN Risk Factors related
                                              by a common parental ownership structure a RFG.           7 Id.                                                   10 17    CFR 240.17Ad–22(b)(3).



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                                              53138                         Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices

                                              stress testing and liquidity stress testing             of the Act and paragraph (f) of Rule                  information from comment submissions.
                                              practices and enhance ICC’s approach to                 19b–4 thereunder. At any time within                  You should submit only information
                                              identifying potential weaknesses in the                 60 days of the filing of the proposed rule            that you wish to make available
                                              risk methodology as well as the                         change, the Commission summarily may                  publicly. All submissions should refer
                                              methodology for testing the sufficiency                 temporarily suspend such rule change if               to File Number SR–ICC–2018–010 and
                                              of ICC’s liquidity resources, thereby                   it appears to the Commission that such                should be submitted on or before
                                              ensuring that ICC maintains sufficient                  action is necessary or appropriate in the             November 9, 2018.
                                              financial resources to withstand, at a                  public interest, for the protection of                  For the Commission, by the Division of
                                              minimum, a default by the two CP                        investors, or otherwise in furtherance of             Trading and Markets, pursuant to delegated
                                              families to which it has the largest                    the purposes of the Act.                              authority.15
                                              exposures in extreme but plausible                      IV. Solicitation of Comments                          Eduardo A. Aleman,
                                              market conditions, consistent with the                                                                        Assistant Secretary.
                                              requirements of Rule 17Ad–22(b)(3).11                     Interested persons are invited to
                                                                                                                                                            [FR Doc. 2018–22776 Filed 10–18–18; 8:45 am]
                                                 Rule 17Ad–22(d)(8) 12 requires ICC to                submit written data, views, and
                                                                                                                                                            BILLING CODE 8011–01–P
                                              establish, implement, maintain and                      arguments concerning the foregoing,
                                              enforce written policies and procedures                 including whether the proposed rule
                                              reasonably designed to have governance                  change is consistent with the Act.
                                                                                                                                                            SECURITIES AND EXCHANGE
                                              arrangements that are clear and                         Comments may be submitted by any of
                                                                                                                                                            COMMISSION
                                              transparent to fulfill the public interest              the following methods:
                                              requirements in Section 17A of the                                                                            [Release No. 34–84426; File No. SR–DTC–
                                                                                                      Electronic Comments                                   2018–008]
                                              Act.13 By updating the Stress Testing
                                                                                                        • Use the Commission’s internet
                                              Framework and the Liquidity Risk                                                                              Self-Regulatory Organizations; The
                                                                                                      comment form (http://www.sec.gov/
                                              Management Framework so that the                                                                              Depository Trust Company; Notice of
                                                                                                      rules/sro.shtml); or
                                              documents more clearly reflect the                        • Send an email to rule-comments@                   Filing and Immediate Effectiveness of
                                              assignment of responsibilities to the ICC               sec.gov. Please include File Number SR–               Proposed Rule Change To Amend the
                                              Risk Department in terms of reporting                   ICC–2018–010 on the subject line.                     Clearing Agency Policy on Capital
                                              and stress testing obligations, the                                                                           Requirements and the Clearing Agency
                                              proposed changes will ensure that ICC’s                 Paper Comments                                        Capital Replenishment Plan
                                              governance of the Stress Testing                           • Send paper comments in triplicate
                                              Framework and the Liquidity Risk                        to Secretary, Securities and Exchange                 October 15, 2018.
                                              Management Framework is clear,                          Commission, 100 F Street NE,                             Pursuant to Section 19(b)(1) of the
                                              transparent, and documented                             Washington, DC 20549.                                 Securities Exchange Act of 1934
                                              accurately, consistent with the                         All submissions should refer to File                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                              requirements of Rule 17Ad–22(d)(8).14                   Number SR–ICC–2018–010. This file                     notice is hereby given that on October
                                                                                                      number should be included on the                      4, 2018, The Depository Trust Company
                                              (B) Clearing Agency’s Statement on                                                                            (‘‘DTC’’) filed with the Securities and
                                              Burden on Competition                                   subject line if email is used. To help the
                                                                                                      Commission process and review your                    Exchange Commission (‘‘Commission’’)
                                                ICC does not believe the proposed                                                                           the proposed rule change as described
                                                                                                      comments more efficiently, please use
                                              rule changes would have any impact, or                                                                        in Items I, II and III below, which Items
                                                                                                      only one method. The Commission will
                                              impose any burden, on competition.                                                                            have been prepared by the clearing
                                                                                                      post all comments on the Commission’s
                                              The proposed changes to ICC’s Stress                                                                          agency. DTC filed the proposed rule
                                                                                                      internet website (http://www.sec.gov/
                                              Testing Framework and ICC’s Liquidity                                                                         change pursuant to Section 19(b)(3)(A)
                                                                                                      rules/sro.shtml). Copies of the
                                              Risk Management Framework will apply                                                                          of the Act 3 and Rule 19b–4(f)(4)
                                                                                                      submission, all subsequent
                                              uniformly across all market participants.                                                                     thereunder.4 The Commission is
                                                                                                      amendments, all written statements
                                              Therefore, ICC does not believe the                                                                           publishing this notice to solicit
                                                                                                      with respect to the proposed rule
                                              proposed rule changes impose any                                                                              comments on the proposed rule change
                                                                                                      change that are filed with the
                                              burden on competition that is                                                                                 from interested persons.
                                                                                                      Commission, and all written
                                              inappropriate in furtherance of the
                                                                                                      communications relating to the                        I. Clearing Agency’s Statement of the
                                              purposes of the Act.
                                                                                                      proposed rule change between the                      Terms of Substance of the Proposed
                                              (C) Clearing Agency’s Statement on                      Commission and any person, other than                 Rule Change
                                              Comments on the Proposed Rule                           those that may be withheld from the                      The proposed rule change consists of
                                              Change Received From Members,                           public in accordance with the                         amendments to (i) the Clearing Agency
                                              Participants or Others                                  provisions of 5 U.S.C. 552, will be                   Policy on Capital Requirements
                                                Written comments relating to the                      available for website viewing and                     (‘‘Capital Policy’’ or ‘‘Policy’’) of DTC
                                              proposed rule change have not been                      printing in the Commission’s Public                   and its affiliates, National Securities
                                              solicited or received. ICC will notify the              Reference Room, 100 F Street NE,                      Clearing Corporation (‘‘NSCC’’) and
                                              Commission of any written comments                      Washington, DC 20549, on official                     Fixed Income Clearing Corporation
                                              received by ICC.                                        business days between the hours of                    (‘‘FICC,’’ and together with DTC and
                                                                                                      10:00 a.m. and 3:00 p.m. Copies of such               NSCC, the ‘‘Clearing Agencies’’); and (ii)
                                              III. Date of Effectiveness of the                       filings will also be available for                    the Clearing Agency Capital
                                              Proposed Rule Change                                    inspection and copying at the principal
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                                                                                                                                                            Replenishment Plan (‘‘Capital
                                                 The foregoing rule change has become                 office of ICE Clear Credit and on ICE                 Replenishment Plan’’ or ‘‘Plan’’) of the
                                              effective pursuant to Section 19(b)(3)(A)               Clear Credit’s website at https://
                                                                                                      www.theice.com/clear-credit/regulation.                 15 17 CFR 200.30–3(a)(12).
                                                11 Id.                                                   All comments received will be posted                 1 15 U.S.C. 78s(b)(1).
                                                12 17 CFR 240.17Ad–22(d)(8).                          without change. Persons submitting                      2 17 CFR 240.19b–4.
                                                13 15 U.S.C. 78q–1.                                   comments are cautioned that we do not                   3 15 U.S.C. 78s(b)(3)(A).
                                                14 17 CFR 240.17Ad–22(d)(8).                          redact or edit personal identifying                     4 17 CFR 240.19b–4(f)(4).




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Document Created: 2018-10-19 01:25:08
Document Modified: 2018-10-19 01:25:08
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 53136 

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