83_FR_54124 83 FR 53917 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1, Relating to ICC's Risk Management Model Description Document and ICC's Risk Management Framework

83 FR 53917 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1, Relating to ICC's Risk Management Model Description Document and ICC's Risk Management Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range53917-53922
FR Document2018-23279

Federal Register, Volume 83 Issue 207 (Thursday, October 25, 2018)
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53917-53922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23279]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84457; File No. SR-ICC-2018-008]


Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of 
Filing of Amendment No. 1 and Order Granting Accelerated Approval of 
Proposed Rule Change, as Modified by Amendment No. 1, Relating to ICC's 
Risk Management Model Description Document and ICC's Risk Management 
Framework

October 19, 2018.
    On July 5, 2018, ICE Clear Credit LLC (``ICC'') filed with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change to transition from a stress-based methodology to a Monte Carlo-
based methodology for the spread-response and recovery-rate-
sensitivity-response components of the initial margin model (SR-ICC-
2018-008), pursuant to Section 19(b)(1) of the Securities Exchange Act 
of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The proposed rule 
change was published for comment in the Federal Register on July 24, 
2018.\3\ On September 5, 2018, the Commission designated a longer 
period within which to approve the proposed rule change, disapprove the 
proposed rule change, or institute proceedings to determine whether to 
approve or disapprove the proposed rule change.\4\ The Commission did 
not receive any comments on the Proposed Rule Change. On October 12, 
2018, ICC filed Amendment No 1 to the proposed rule change.\5\ The 
Commission is publishing this notice to solicit comment on Amendment 
No. 1 from interested persons and is approving the proposed rule 
change, as modified by Amendment No. 1 (hereinafter, ``Proposed Rule 
Change'') on an accelerated basis.\6\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 83662 (July 18, 2018), 
83 FR 35033 (July 24, 2018) (SR-ICC-2018-008) (``Notice'').
    \4\ Securities Exchange Act Release No. 84032 (September 5, 
2018), 83 FR 46000 (September 11, 2018) (SR-ICC-2018-008).
    \5\ In Amendment No. 1 to the proposed rule change, ICC provided 
additional details and analyses surrounding the proposed rule change 
in the form of a confidential Exhibit 3.
    \6\ Capitalized terms used herein but not otherwise defined have 
the meaning set forth in the ICE Clear Europe Clearing Rules, which 
is available at https://www.theice.com/publicdocs/clear_europe/rulebooks/rules/Clearing_Rules.pdf.
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I. Description of the Proposed Rule Change

    ICC's current approach uses a stress-based approach for the spread-
response and recovery-rate (``RR'') sensitivity-response components of 
the initial margin model. Specifically, to derive the spread-response 
component, the current approach considers a set of hypothetical 
``tightening'' and ``widening'' credit-spread scenarios from which it 
computes instrument Profit/Loss (``P/L'') responses for every Risk 
Factor (``RF'') scenario.\7\ All instrument P/L responses for a 
scenario are aggregated to obtain the portfolio P/L response for that 
scenario.\8\ Because the set of scenarios does not reflect the joint 
distribution of the considered RFs, offsets between P/Ls are applied to 
provide some portfolio benefits.\9\ To derive the RR sensitivity-
response component, all instruments belonging to a RF or Risk Sub-
Factor (``RSF'') are subjected to RR stress scenarios to obtain the 
resulting P/L responses, and the worst-scenario response is chosen for 
the estimation of the RF/RSF RR sensitivity-response component.\10\
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    \7\ Id.
    \8\ Id.
    \9\ Id.
    \10\ Id.
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    ICC's current stress-based approach generates a limited number of 
stress scenarios that may not capture the risk of portfolios with more 
complex, non-linear instruments.\11\ Additionally, the current approach 
does not provide for a consistent estimation of the portfolio-level 
spread response based on a defined risk measure (e.g., Value-at-Risk 
(``VaR'')) and quantile (e.g., 99%).\12\ To alleviate the problem, the 
Proposed Rule Change would revise ICC's Risk Management Model 
Description Document and its Risk Management Framework to a Monte 
Carlo-based methodology for the spread-response and recovery-rate-
sensitivity-response (``RR'') components of ICC's initial margin model.
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    \11\ Notice, 83 FR at 35033.
    \12\ Id.
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    The proposed Monte Carlo-based methodology would utilize standard 
tools in modeling dependence, which can be seen as a means for 
constructing multivariate distributions with different univariate 
distributions and with desired dependence structures, to generate the 
spread and RR scenarios.\13\ It also would provide flexibility in 
modeling tail dependence, an important concept in risk management that 
provides information about how frequently extreme values are expected 
to occur, and that ICC considers particularly suitable for implementing 
its Monte Carlo framework.\14\
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    \13\ Id.
    \14\ Id.
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    Specifically, under the Monte Carlo approach, the ``integrated 
spread response'' component would replace the spread-response and RR-
sensitivity-response components.\15\ This component would be computed 
by creating P/L distributions from a set of jointly-simulated 
hypothetical (forward looking) spread and RR scenarios.\16\ ICC would 
not change the univariate RF distribution assumptions under the 
proposed Monte Carlo-based methodology.\17\ ICC would utilize the 
simulated scenarios to derive the hypothetical spread and RR levels at 
which each instrument is repriced in order to generate a scenario 
instrument P/L based on post-index-decomposition positions.\18\ ICC 
would create P/L distributions from the set of jointly-simulated 
hypothetical (forward looking) credit spread and RR scenarios to 
compute the integrated spread-response component.\19\ The P/L 
distributions for each instrument would allow ICC to decompose 
portfolio level P/L at the RF level and to estimate RF-level risk 
measures.\20\ The proposed model would utilize the 5-day 99.5% VaR 
measure and allow ICC to be compliant with the European Market 
Infrastructure Regulation (``EMIR'') as applied to Over-The-Counter 
instruments.\21\
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    \15\ Id.
    \16\ Id.
    \17\ Notice, 83 FR at 35033-34.
    \18\ Notice, 83 FR at 35034.
    \19\ Id.
    \20\ Id.
    \21\ Id.

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[[Page 53918]]

Revisions to the `Initial Margin Methodology' Section of the Risk 
Management Model Description Document

    ICC proposes revisions to the `Initial Margin Methodology' section 
of the Risk Management Model Description Document to reflect its 
transition to a Monte Carlo-based methodology for the spread-response 
and RR-sensitivity-response components.\22\ ICC also proposes to 
clarify its initial margin model to note that it features stress loss 
considerations and a P/L distribution analysis at selected quantile 
levels that are 99% or higher.\23\ The proposed changes would further 
include a description of each of the initial margin model components, 
which would be separated into statistically calibrated components and 
stress-based add-on components.\24\ The statistically calibrated 
components (i.e., spread and RR dynamics, interest rate dynamics, and 
index/single-name (``SN'') basis dynamics) would reflect fluctuations 
in market observed or implied quantities, and their direct P/L 
impacts.\25\ The stress-based add-on components (i.e., idiosyncratic 
loss given default (``LGD''), wrong-way-risk (``WWR'') LGD, bid/offer 
width risk, and concentration risk) would reflect the risk associated 
with low probability events with limited information sets.\26\
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    \22\ Id.
    \23\ Id.
    \24\ Id.
    \25\ Id.
    \26\ Id.
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    First, ICC proposes certain minor updates to terminology in the 
`LGD Risk Analysis' section consistent with the transition to the Monte 
Carlo approach.\27\ Specifically, the proposed revisions would clarify 
that the LGD calculation considers RSF-specific RR level scenarios and 
that the Jump-To-Default (``JTD'') RR stress levels would be updated if 
needed. ICC proposes to update the Profit/Loss-Given-Default (``P/
LGD'') calculation at the RSF level to indicate the association between 
the JTD and the RR level scenarios.\28\ ICC proposes to remove a 
reference to the stress levels noted in the current `RR Sensitivity 
Risk Analysis' section. ICC proposes to move the RF level P/LGD 
calculation ahead of the Risk Factor Group (``RFG'') LGD calculations 
to avoid disrupting the grouping of RFG LGD calculations.\29\
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    \27\ ICC also proposes to reorganize the `Initial Margin 
Methodology' section to begin with the `LGD Risk Analysis' section. 
Id.
    \28\ Id.
    \29\ Id.
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    Second, ICC proposes amendments to the `JTD Risk Analysis' 
section.\30\ The proposed revisions to the Uncollateralized LGD 
(``ULGD'') calculation would incorporate the integrated spread-response 
component described above and remove reference to the current RR-
sensitivity-response component.\31\ ICC also proposes, for clarity, to 
shorten a description in the WWR JTD calculation and to move details 
regarding the Kendall tau rank-order correlation to follow the WWR JTD 
calculation as such details are associated with the WWR JTD 
calculation.\32\ ICC proposes to include this information, which is 
currently located in a source in a footnote, within the text to provide 
further description of the source in the footnote.\33\ ICC also 
proposes minor structural updates to its description of specific WWR 
(``SWWR'') to enhance readability.\34\
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    \30\ Id.
    \31\ Id.
    \32\ Id. The details regarding the Kendall tau rank-order 
correlation would remain unchanged, except for the addition of 
clarifying language referencing regulatory guidance with respect to 
RFs deemed highly correlated. Id.
    \33\ Id.
    \34\ Id.
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    Third, ICC proposes to add clarifying language to the `Interest 
Rate Sensitivity Risk Analysis' section to note that the interest rate 
sensitivity component is a statistically calibrated initial margin 
component.\35\ ICC also proposes to correct a notation to reflect an 
inverse distribution function.\36\
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    \35\ Id.
    \36\ Id.
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    Fourth, ICC proposes a number of structural changes to the `Basis 
Risk Analysis' section, which consist of moving certain descriptions 
within the section and making changes to conform such descriptions to 
the proposed new Monte Carlo based approach. Specifically, ICC proposes 
moving the description in the current `Long-Short Benefits among RFs 
with Common Basis' subsection to the proposed `Index Decomposition and 
Long-Short Offsets' subsection and making conforming changes.\37\ 
Similarly, ICC proposes moving the description in the current 
`Portfolio Benefits Hierarchy Summary' subsection to the proposed 
`Long/Short Offset Hierarchy' subsection and making conforming 
changes.\38\ ICC also proposes moving the analysis in the current 
`Basis Risk Analysis' section to the proposed `Index-Basis Risk 
Estimation' subsection and making conforming changes.\39\
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    \37\ Id.
    \38\ Id.
    \39\ Id.
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    Fifth, ICC proposes to combine the current `Spread Risk Analysis' 
and `RR Sensitivity Risk Analysis' sections into the proposed `Spread 
and RR Risk Analysis' section to reflect the transition to a Monte 
Carlo-based methodology for the spread-response and RR-sensitivity-
response components.\40\ Under the proposed approach, ICC would utilize 
credit spreads and RR distributions to jointly simulate scenarios to 
estimate portfolio risk measures.\41\ Accordingly, ICC proposes to 
combine the `Spread Risk Analysis' and `RR Sensitivity Risk Analysis' 
sections into the `Spread and RR Risk Analysis' section given their 
interrelation under the proposed approach, in which the integrated 
spread response would be computed by creating P/L distributions from a 
set of jointly-simulated hypothetical (forward looking) spread and RR 
scenarios.\42\
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    \40\ Id.
    \41\ Id.
    \42\ Id.
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    In the amended `Spread Risk Analysis' section, ICC proposes to 
remove details regarding the current stress-based approach and to 
describe how ICC generates credit spread scenarios using Monte Carlo 
techniques.\43\ As described above, the spread-response component is 
derived in terms of a set of hypothetical ``tightening'' and 
``widening'' credit spread scenarios under the current stress-based 
approach.\44\ The analysis of the univariate characteristics of credit 
spread log-returns to arrive at credit spread scenarios would not 
change under the Monte Carlo-based methodology.\45\
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    \43\ Notice, 83 FR at 35034-35.
    \44\ Notice, 83 FR at 35035.
    \45\ Id.
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    The univariate RF distribution assumptions would not change under 
the Monte Carlo-based methodology, and thus the `Distribution of the 
Credit Spreads' subsection of the amended `Spread Risk Analysis' 
section remains largely the same with some clarifying changes to 
language included.\46\
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    \46\ Id.
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    ICC proposes to describe the implementation of the Monte Carlo-
based methodology in the new `Multivariate Statistical Approach via 
Copulas' subsection. ICC proposes to include a discussion on the 
construction and application of the standard tools in modeling 
dependence, including the review of their theoretical background, in 
the new `Copulas' subsection.\47\
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    \47\ Id.
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    ICC proposes the new `Tail Dependence' subsection to provide a 
description of the concept of tail

[[Page 53919]]

dependence, given its relevancy as it indicates the probability of 
extreme values occurring jointly.\48\ The proposed subsection would 
provide additional support behind ICC's conclusion that the tools for 
modeling dependence would be particularly suitable for connecting the 
various univariate distributions in a multivariate setting as they 
provide flexibility in modeling tail dependence.\49\
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    \48\ Id.
    \49\ Id.
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    In the proposed `Copula Simulation' subsection, ICC would describe 
its Monte Carlo-based simulation approach.\50\ The proposed approach is 
based on first generating for all SN RF/RSF and On The Run indices Most 
Actively Traded Tenor (``MATT'') scenarios using the stochastic 
representation of the selected multivariate distribution under 
consideration.\51\ The conditional simulation approach would then be 
utilized to generate individual RF/tenor-specific scenarios.\52\ ICC 
also proposes to describe the block simulation approach that it would 
utilize in generating scenarios, which departs from an approach where 
all tenors for all SNs are simulated together. Instead, specific blocks 
of the correlation matrix would be considered through the stepwise 
block simulation approach.\53\
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    \50\ Id.
    \51\ Id.
    \52\ Id.
    \53\ Id.
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    ICC would discuss the estimation of a new parameter in the proposed 
`Copula Parameter Estimation' subsection.\54\ The new subsection would 
include a description of two methods that can be used for parameter 
estimation, namely the ``quasi Maximum Likelihood'' approach and the 
``Canonical Maximum Likelihood'' method.\55\ ICC proposes to set the 
value at which this parameter is set conservatively and to explain that 
the value reflects strong tail dependence within the simulation 
framework, which is important because ICC estimates that tail 
dependence would increase in stressed market conditions.\56\
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    \54\ Id.
    \55\ Id.
    \56\ Id.
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    Sixth, ICC proposes certain amendments to the `RR Risk Analysis' 
section to remove details regarding the current stress-based approach 
for the RR-sensitivity-response component and to describe how ICC 
jointly simulates credit spread and RR scenarios using Monte Carlo 
techniques.\57\ As discussed above, under the current stress-based 
approach, the RR-sensitivity-response component is computed in terms of 
RR stress scenarios and incorporates potential losses associated with 
changes in the market implied RR.\58\ The proposed Monte Carlo-based 
methodology would consider the risk arising from fluctuations in the 
market implied RRs of each SN RF and/or RSF jointly with the 
fluctuations in the curves of credit spreads.\59\
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    \57\ Id.
    \58\ Id.
    \59\ Id.
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    The proposed `Distribution of RRs' subsection would contain much of 
the relevant analysis under the current `RR Sensitivity Risk Analysis' 
section because the univariate RR distribution assumptions would not 
change under the Monte Carlo-based methodology. ICC proposes some 
additional clarifying language to further specify that the RR stress-
based sensitivity requirement transitioned to a Monte Carlo simulation-
based methodology.\60\ Specifically, ICC proposes to note the 
assumption regarding the analysis of each SN RF/RSF that includes the 
description located under the current `Beta Distribution' subsection as 
the integrated spread response also assumes a Beta distribution 
describing the behavior of the RRs.\61\
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    \60\ Id.
    \61\ Id.
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    The amended `Parameter Estimation' subsection would discuss the 
parameter calibration necessary to simulate RR scenarios and is largely 
the same.\62\ The proposed revisions would remove or replace 
terminology associated with the stress-based approach with terminology 
associated with the Monte Carlo-based approach.\63\
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    \62\ Id.
    \63\ Id.
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    The proposed `Spread-Recovery-Rate Bivariate Model' subsection 
would describe the use of credit spread and RR distributions to jointly 
simulate scenarios to estimate portfolio risk measures under the Monte 
Carlo-based methodology.\64\ Namely, ICC proposes to discuss the use of 
the conditional simulation approach to jointly simulate SN RF/RSF-
specific RR scenarios with SN RF/RSF MATT spread log-return 
scenarios.\65\ ICC proposes to note several assumptions under this 
model, along with an explanation of how it generates the individual SN 
RF/RSF-specific RR scenarios and the tenor-specific spread scenarios 
using copulas.\66\
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    \64\ Id.
    \65\ Id.
    \66\ Id.
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    ICC proposes moving the `Arbitrage-Free Modeling' subsection, which 
is currently located in the `Spread Risk Analysis' section, to the 
`Spread and RR Risk Analysis' section.\67\ The analysis would remain 
largely the same with some language clarifications, including 
references to simulated spread levels in conjunction with simulated RR 
levels within the text and within formulas to ensure consistency with 
the proposed `Spread and RR Risk Analysis' section.\68\ ICC proposes 
further revisions to terminology, such as removing terminology 
associated with the stress-based approach and incorporating the Monte 
Carlo simulation based methodology described above to ensure 
consistency with the proposed `Spread and RR Risk Analysis' 
section.\69\ ICC also proposes replacing specific references to the 
current most actively traded tenor with references to the more general 
concept of ``most actively traded tenor'' to account for a situation in 
which the referenced most actively traded tenor is different.\70\
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    \67\ Id.
    \68\ Id.
    \69\ Id.
    \70\ Id.
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    Seventh, in the proposed `Risk Estimations' subsection, ICC would 
describe the computation of the integrated spread-response 
component.\71\ Once the Monte Carlo scenarios would be simulated, all 
instruments would be repriced, and the respective instrument P/L 
responses would be computed.\72\ Upon consideration of the instrument 
positions in each portfolio along with the instrument P/L responses, 
portfolio risk estimations would be performed and the integrated 
spread-response component would be established.\73\
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    \71\ Id.
    \72\ Id.
    \73\ Id.
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    ICC proposes to discuss its calculation of P/Ls for instruments, 
RFs, common currency sub-portfolios, and multi-currency sub-portfolios 
under the new `RF and Sub-Portfolio Level Integrated Spread Response' 
subsection.\74\ ICC proposes to retain the use of sub-portfolios as is 
currently done today.\75\ However, the portfolio benefits across sub-
portfolios would be limited.\76\ This enhancement would allow ICC to 
decompose portfolio level P/L at the sub-portfolio level and to 
estimate sub-portfolio level risk measures.\77\
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    \74\ Id.
    \75\ Id.
    \76\ Id.
    \77\ Id.
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    In the proposed `Instrument P/L Estimations' subsection, ICC would 
describe the calculation of instrument P/Ls. Namely, ICC would reprice 
all instruments at the hypothetical spread

[[Page 53920]]

and RR levels, which would be derived from the simulated spread and RR 
scenarios, and take the difference between the prices of the 
instruments at the simulated scenarios and the current end-of-day 
(``EOD'') prices.\78\ ICC would utilize the instrument-related P/L 
distribution to estimate the instrument-specific integrated spread 
response as the 99.5% VaR measure in the currency of the 
instrument.\79\
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    \78\ Notice, 83 FR at 35035-36.
    \79\ Notice, 83 FR at 35036.
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    ICC would describe the calculation of RF P/Ls in the proposed `RF 
P/L Estimations' subsection.\80\ ICC would utilize the simulated P/L 
scenarios, combined with the post-index-decomposition positions related 
to a given RF, to generate a currency-specific RF P/L distribution.\81\ 
ICC would utilize this RF-related P/L distribution to estimate the RF-
specific integrated spread response as the 99.5% VaR measure in the 
currency of the considered RF.\82\
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    \80\ Id.
    \81\ Id.
    \82\ Id.
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    In the proposed `Common Currency Sub-Portfolio P/L Estimations' 
subsection, ICC would describe the calculation of common currency sub-
portfolio P/Ls.\83\ For a currency specific sub-portfolio, ICC would 
extract the relevant risk measures from sub-portfolio level P/L 
distributions, which would be obtained from the aggregation of common 
currency RF P/L distributions.\84\
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    \83\ Id.
    \84\ Id.
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    In the proposed `Multi-Currency Sub-Portfolio P/L Estimations' 
subsection, ICC would add clarifying language describing the 
calculation of multi-currency sub-portfolio P/Ls. ICC proposes to 
extend multi-currency portfolio benefits to RFs with similar market 
characteristics, where the RFs and their respective instruments would 
be denominated in different currencies.\85\ Under the proposed 
approach, long-short integrated spread response benefits would be 
provided between Corporate RFs that are denominated in different 
currencies.\86\ ICC proposes to retain the multi-currency risk 
aggregation approach, which involves obtaining U.S. Dollar (``USD'') 
and Euro (``EUR'') denominated sub-portfolio P/L distributions, to RFs 
within the North American Corporate and European Corporate sub-
portfolios denominated in USD and EUR, respectively.\87\
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    \85\ Id.
    \86\ Id.
    \87\ Id.
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    ICC proposes to include its calculation for the portfolio level 
integrated spread-response component in the `Portfolio level Integrated 
Spread Response' subsection.\88\ The calculation would include the sub-
portfolio-specific integrated spread response after any potential 
multicurrency benefits and the RF-specific integrated spread 
response.\89\ ICC proposes the new `RF Attributed Integrated Spread 
Response Requirements' subsection to describe the calculation of the RF 
attributed integrated spread-response component for each RF in the 
considered portfolio.\90\
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    \88\ Id.
    \89\ Id.
    \90\ Id.
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    ICC proposes minor revisions to the `Anti-Procyclicality Measures' 
subsection to replace terminology associated with the stress-based 
approach with terminology associated with the Monte Carlo-based 
approach.\91\ ICC also proposes to update calculation descriptions 
relating to portfolio responses to note that certain amounts would be 
converted to or represented in USD using the EOD established foreign 
exchange (``FX'') rate.\92\
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    \91\ Id.
    \92\ Id.
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    Eighth, ICC proposes updates to the `Multi-Currency Portfolio 
Treatment' section to incorporate the proposed integrated spread-
response component.\93\ ICC proposes to clarify that it implements a 
multi-currency portfolio treatment methodology for portfolios with 
instruments that are denominated in different currencies.\94\ The 
proposed changes would also remove references to the current spread-
response component.\95\
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    \93\ Id.
    \94\ Id.
    \95\ Id.
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    Finally, ICC also proposes minor edits to the `Portfolio Loss 
Boundary Condition' section to remove or replace references to the 
current spread-response and RR-sensitivity-response components with 
references to the proposed integrated spread-response component within 
the text and within formulas to ensure consistency with the proposed 
`Spread and RR Risk Analysis' section, specifically the `Portfolio 
Level Integrated SR' subsection.\96\ Moreover, ICC proposes to 
reference, for clarity, the total number of RFs within the considered 
sub-portfolio in its calculations of the maximum portfolio loss and the 
maximum portfolio integrated spread response to ensure consistency with 
the proposed `Spread and RR Risk Analysis' section, specifically the 
`Portfolio Level Integrated SR' subsection.\97\
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    \96\ Id.
    \97\ Id.
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Other Revisions to the Risk Management Model Description Document

    ICC proposes minor changes to the `Guaranty Fund (``GF'') 
Methodology' section of the Risk Management Model Description 
Document.\98\ The proposed changes would move the descriptions 
associated with the credit spread curve shape scenarios (i.e., Uniform 
Scaling, Pivoting, and Tenor Specific) from the current `Spread Risk 
Analysis' section to the `Unconditional Uncollateralized Exposures' 
subsection.\99\ Although the credit spread curve shape scenarios are 
currently considered as part of the spread-response component, ICC 
proposes to only use them for GF purposes.\100\ The descriptions and 
calculations associated with the credit spread curve shape scenarios 
would remain largely the same with some clarifying changes, including 
the substitution of a variable for the simulation quantile in the 
calculations to reflect consistency with the GF risk measure, and 
structural changes to the descriptions to enhance readability.\101\ 
Additionally, the proposed changes would include reference to the 
integrated spread response in place of the spread response in the 
calculations describing the GF stress spread response.
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    \98\ Id.
    \99\ Id.
    \100\ Id.
    \101\ Id.
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    ICC also proposes other non-material changes to the Risk Management 
Model Description Document, including minor grammatical, typographical, 
and structural changes to enhance readability and minor updates to 
calculations to update symbol notations.\102\
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    \102\ Id.
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Risk Management Framework

    ICC proposes conforming revisions to its Risk Management Framework 
to reflect the transition to a Monte Carlo-based methodology for the 
spread response and RR-sensitivity-response components of the initial 
margin model.\103\ The proposed revisions are described in detail as 
follows.
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    \103\ Id.
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    ICC proposes changes to the `Waterfall Level 2: Initial Margin' 
section to combine the spread response and the RR sensitivity 
components into the proposed integrated spread-response component.\104\ 
The proposed revisions would introduce the integrated spread-

[[Page 53921]]

response component under the amended `Integrated Spread Response 
Requirements' section and replace all references to the spread response 
with references to the integrated spread response.\105\ ICC proposes 
conforming changes throughout the framework.\106\ Currently, the 
spread-response component is obtained by estimating scenario P/L for a 
set of hypothetical ``tightening'' and ``widening'' credit spread 
scenarios and by considering the largest loss.\107\ Under the proposed 
revisions, the integrated spread response would be computed by creating 
P/L distributions from a set of jointly-simulated hypothetical (forward 
looking) credit spread and RR scenarios.\108\ The proposed changes 
would provide an updated calculation of the instrument scenario P/L, 
note the mappings between spread and RR levels and prices are performed 
by means of the International Swap and Derivatives Association 
(``ISDA'') standard conversion convention, and specify that the 
hypothetical prices are forward looking.\109\ ICC also proposes to 
state that the integrated spread response approach would assume a 
distribution that would describe the behavior of the RRs.\110\
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    \104\ Id.
    \105\ Id.
    \106\ Id.
    \107\ Id.
    \108\ Id.
    \109\ Id.
    \110\ Id.
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    ICC proposes the new `Index Decomposition Approach' subsection, 
which would contain the analysis under the current `Index Decomposition 
Benefits between Index RFs and SN RSFs' subsection without any material 
changes.\111\ ICC also proposes the new `Portfolio Approach' subsection 
to describe the Monte Carlo simulation framework, which would replace 
the current stress-based approach noted above.\112\ ICC proposes to 
utilize Monte Carlo techniques to generate spread and RR 
scenarios.\113\ ICC would utilize the simulated scenarios to derive the 
hypothetical spread and RR levels, at which each instrument is repriced 
in order to generate a scenario instrument P/L based on post-index-
decomposition positions.\114\ For each scenario, instrument P/Ls would 
aggregated to obtain RF and sub-portfolio P/Ls, which represent the RF 
and sub-portfolio P/L distributions that would be used to estimate the 
RF and sub-portfolio 99.5% VaR measures at a risk horizon that is at 
least 5 days.\115\ The portfolio level integrated spread response would 
be estimated as a weighted sum of RF and sub-portfolio 99.5% VaR 
measures.\116\ ICC also proposes to move its analysis related to 
achieving anti pro-cyclicality to the amended `Integrated Spread 
Response Requirements' section without any material changes.\117\
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    \111\ Notice, 83 FR at 35036-37.
    \112\ Notice, 83 FR at 35037.
    \113\ Id.
    \114\ Id.
    \115\ Id.
    \116\ Id.
    \117\ Id.
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Notice of Filing of Amendment No. 1

    ICC submitted Amendment No. 1 to provide Commission with additional 
details and analyses surrounding ICC's proposed transition to a Monte 
Carlo-based methodology for certain components of the initial margin 
model. Amendment No. 1 included additional information, which was 
submitted as Exhibit 3, related to the Filing. Exhibit 3 contains a 
correlation sensitivity analysis on portfolios using the proposed Monte 
Carlo-based methodology for the first half of 2018 and a back-testing 
analysis of the IM components of the proposed Monte Carlo-based 
methodology spanning 2015 through 2018 and including periods of 
stressed market conditions.

II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a 
proposed rule change of a self-regulatory organization if it finds that 
such proposed rule change is consistent with the requirements of the 
Act and the rules and regulations thereunder applicable to such 
organization.\118\ For the reasons given below, the Commission finds 
that the proposal is consistent with Section 17A(b)(3)(F) of the Act 
\119\ and Rule 17Ad-22(b)(2) thereunder.\120\
---------------------------------------------------------------------------

    \118\ 15 U.S.C. 78s(b)(2)(C).
    \119\ 15 U.S.C. 78q-1(b)(3)(F).
    \120\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

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

    Section 17A(b)(3)(F) of the Act \121\ requires, among other things, 
that the rules of ICC 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 ICC or for which it is responsible; and to comply 
with the provisions of the Act and the rules and regulations 
thereunder.
---------------------------------------------------------------------------

    \121\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, the Proposed Rule Change would make a variety 
of changes to ICC's initial margin model, and the documentation 
thereof, to transition ICC from the current stress-based approach to a 
Monte Carlo-based methodology for the spread-response and recovery-
rate-sensitivity-response components of the model. The current approach 
faces certain limitations, in that it produces a limited number of 
stress scenarios that may not capture the risk of portfolios with more 
complex, non-linear instruments, and that it does not provide for a 
consistent estimation of the portfolio level spread response based on a 
defined risk measure (e.g., Value-at-Risk) and quantile (e.g., 99%). 
The methodology reflected in the Proposed Rule Change is designed to 
address these limitations. Specifically, the Monte Carlo-based 
methodology should help ICC to consider a large set of scenarios to 
more appropriately capture portfolio risk, including the risk of more 
complex, non-linear instruments, and produce consistent quantile-based 
portfolio risk measures.
    Thus, the Commission believes that the proposed Monte Carlo-based 
methodology should enhance ICC's initial margin model by improving its 
ability to determine the amount of initial margin that ICC should 
collect and, therefore, to manage financial risk exposures that may 
arise in the course of its ongoing clearance and settlement activities. 
The Commission also believes that the improved ability to determine 
initial margin should better allow ICC to complete the clearance and 
settlement process in the event of a member default. For these reasons, 
the Commission believes that Proposed Rule Change should help promote 
the prompt and accurate clearance and settlement of securities 
transactions, derivative agreements, contracts, and transactions. 
Similarly, the Proposed Rule Change should enhance ICC's ability to 
help assure the safeguarding of securities and funds which are in the 
custody or control of ICC or for which it is responsible because the 
enhanced initial margin model should better allow ICC to determine the 
amount of initial margin it needs to collect and hold to address 
potential loss exposures. Finally, for both of these reasons, the 
Commission believes the Proposed Rule Change should, in general, 
protect investors and the public interest.

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

    Rule 17Ad-22(b)(2) requires that ICC establish, implement, maintain 
and enforce written policies and procedures reasonably designed to use 
margin requirements to limit its credit

[[Page 53922]]

exposures to participants under normal market conditions and use risk-
based models and parameters to set margin requirements and review such 
margin requirements and the related risk-based models and parameters at 
least monthly.\122\
---------------------------------------------------------------------------

    \122\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

    As described above, the Proposed Rule Change would transition ICC 
to a Monte Carlo-based methodology for the spread-response and 
recovery-rate-sensitivity-response components of the initial margin 
model. The Commission believes that the Proposed Rule Change should 
enhance ICC's ability to establish margin requirements that are better 
able to capture portfolio risk, including the risk of more complex, 
non-linear instruments, and ensure that ICC establishes margin 
requirements that are commensurate with the risks and characteristics 
of each portfolio. Taken together, the Commission believes that these 
aspects of the Proposed Rule Change should improve ICC's use of risk-
based models and parameters to set margin requirements, which, in turn, 
should improve ICC's use of margin requirements to limit its credit 
exposures to participants under normal market conditions.
    The Proposed Rule Change includes numerous changes to the 
descriptions of ICC's initial margin methodology in its Risk Management 
Model Description and its Risk Management Framework to reflect this 
transition to the proposed methodology. The Commission therefore 
believes that the proposed rule change should help ICC establish 
written procedures reasonably designed to use risk-based models and 
parameters to set margin requirements.
    Therefore, for the above reasons the Commission finds that the 
Proposed Rule Change is consistent with Rule 17Ad-22(b)(2).\123\
---------------------------------------------------------------------------

    \123\ Id.
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether Amendment No. 1 
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-2018-008 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-2018-008. 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 the 
filing also will 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-2018-008 and should be submitted on 
or before November 15, 2018.

IV. Accelerated Approval of the Proposed Rule Change

    The Commission finds good cause, pursuant to Section 19(b)(2) of 
the Act,\124\ to approve the Proposed Rule Change prior to the 30th day 
after the date of publication of Amendment No. 1 in the Federal 
Register. As discussed above, Amendment No. 1 provides additional 
details and analyses surrounding ICC's proposed transition to a Monte 
Carlo-based methodology for certain components of the initial margin 
model.
---------------------------------------------------------------------------

    \124\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    By providing the additional information, Amendment No. 1 provides 
for a more clear and comprehensive understanding of the estimated 
impact of the Proposed Rule Change, which helps to improve the 
Commission's review of the Proposed Rule Change for consistency with 
the Act. Specifically, the information helps to ensure that ICC's risk 
management system appropriately and effectively addresses the risks 
associated with clearing security based swap-related portfolios by 
providing an estimated impact of the proposed Monte Carlo-based 
methodology.
    For similar reasons as discussed above, the Commission finds that 
Amendment No. 1 is designed to help assure the safeguarding of 
securities and funds which are in the custody or control of ICC, 
consistent with Section 17A(b)(3)(F) of the Act.\125\ Accordingly, the 
Commission finds good cause for approving the Proposed Rule Change, as 
modified by Amendment No. 1, on an accelerated basis, pursuant to 
Section 19(b)(2) of the Exchange Act.\126\
---------------------------------------------------------------------------

    \125\ 15 U.S.C. 78q-1(b)(3)(F).
    \126\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act, and in 
particular, with the requirements of Section 17A(b)(3)(F) of the Act 
\127\ and Rule 17Ad-22(b)(2) thereunder.\128\
---------------------------------------------------------------------------

    \127\ 15 U.S.C. 78q-1(b)(3)(F).
    \128\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

    IT IS THEREFORE ORDERED pursuant to Section 19(b)(2) of the Act 
\129\ that the proposed rule change, as modified by Amendment No. 1, 
(SR-ICC-2018-008) be, and hereby is, approved on an accelerated 
basis.\130\ 
---------------------------------------------------------------------------

    \129\ 15 U.S.C. 78s(b)(2).
    \130\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).
    \131\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\131\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-23279 Filed 10-24-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices                                             53917

                                               exemptions from the requirements of 10 CFR              proposed rule change.4 The Commission                   Change would revise ICC’s Risk
                                               50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) to         did not receive any comments on the                     Management Model Description
                                               allow use of a portion of the funds from the            Proposed Rule Change. On October 12,                    Document and its Risk Management
                                               Oyster Creek DTF for spent fuel management              2018, ICC filed Amendment No 1 to the                   Framework to a Monte Carlo-based
                                               and site restoration activities in accordance
                                               with the Oyster Creek PSDAR and DCE,
                                                                                                       proposed rule change.5 The Commission                   methodology for the spread-response
                                               dated May 21, 2018. Additionally, the                   is publishing this notice to solicit                    and recovery-rate-sensitivity-response
                                               Commission hereby grants Exelon an                      comment on Amendment No. 1 from                         (‘‘RR’’) components of ICC’s initial
                                               exemption from the requirement of 10 CFR                interested persons and is approving the                 margin model.
                                               50.75(h)(1)(iv) to allow such withdrawals               proposed rule change, as modified by
                                                                                                                                                                  The proposed Monte Carlo-based
                                               without prior NRC notification.                         Amendment No. 1 (hereinafter,
                                                  The exemptions are effective upon
                                                                                                                                                               methodology would utilize standard
                                                                                                       ‘‘Proposed Rule Change’’) on an
                                               issuance.                                                                                                       tools in modeling dependence, which
                                                                                                       accelerated basis.6
                                                  Dated at Rockville, Maryland, this 19th day                                                                  can be seen as a means for constructing
                                               of October 2018.                                        I. Description of the Proposed Rule                     multivariate distributions with different
                                                  For the Nuclear Regulatory Commission.
                                                                                                       Change                                                  univariate distributions and with
                                                                                                          ICC’s current approach uses a stress-                desired dependence structures, to
                                               /RA/                                                                                                            generate the spread and RR scenarios.13
                                                                                                       based approach for the spread-response
                                               Kathryn M. Brock,                                       and recovery-rate (‘‘RR’’) sensitivity-                 It also would provide flexibility in
                                               Deputy Director, Division of Operating                  response components of the initial                      modeling tail dependence, an important
                                               Reactor Licensing, Office of Nuclear Reactor            margin model. Specifically, to derive                   concept in risk management that
                                               Regulation.                                             the spread-response component, the                      provides information about how
                                               [FR Doc. 2018–23300 Filed 10–24–18; 8:45 am]            current approach considers a set of                     frequently extreme values are expected
                                               BILLING CODE 7590–01–P                                  hypothetical ‘‘tightening’’ and                         to occur, and that ICC considers
                                                                                                       ‘‘widening’’ credit-spread scenarios                    particularly suitable for implementing
                                                                                                       from which it computes instrument                       its Monte Carlo framework.14
                                                                                                       Profit/Loss (‘‘P/L’’) responses for every                  Specifically, under the Monte Carlo
                                               SECURITIES AND EXCHANGE                                 Risk Factor (‘‘RF’’) scenario.7 All
                                               COMMISSION                                                                                                      approach, the ‘‘integrated spread
                                                                                                       instrument P/L responses for a scenario                 response’’ component would replace the
                                                                                                       are aggregated to obtain the portfolio P/               spread-response and RR-sensitivity-
                                               [Release No. 34–84457; File No. SR–ICC–                 L response for that scenario.8 Because
                                               2018–008]                                                                                                       response components.15 This
                                                                                                       the set of scenarios does not reflect the               component would be computed by
                                                                                                       joint distribution of the considered RFs,               creating P/L distributions from a set of
                                               Self-Regulatory Organizations; ICE
                                                                                                       offsets between P/Ls are applied to                     jointly-simulated hypothetical (forward
                                               Clear Credit LLC; Notice of Filing of
                                                                                                       provide some portfolio benefits.9 To                    looking) spread and RR scenarios.16 ICC
                                               Amendment No. 1 and Order Granting
                                                                                                       derive the RR sensitivity-response                      would not change the univariate RF
                                               Accelerated Approval of Proposed
                                                                                                       component, all instruments belonging to                 distribution assumptions under the
                                               Rule Change, as Modified by
                                                                                                       a RF or Risk Sub-Factor (‘‘RSF’’) are                   proposed Monte Carlo-based
                                               Amendment No. 1, Relating to ICC’s
                                                                                                       subjected to RR stress scenarios to                     methodology.17 ICC would utilize the
                                               Risk Management Model Description
                                                                                                       obtain the resulting P/L responses, and                 simulated scenarios to derive the
                                               Document and ICC’s Risk Management                      the worst-scenario response is chosen
                                               Framework                                                                                                       hypothetical spread and RR levels at
                                                                                                       for the estimation of the RF/RSF RR
                                                                                                                                                               which each instrument is repriced in
                                               October 19, 2018.                                       sensitivity-response component.10
                                                                                                          ICC’s current stress-based approach                  order to generate a scenario instrument
                                                  On July 5, 2018, ICE Clear Credit LLC                                                                        P/L based on post-index-decomposition
                                               (‘‘ICC’’) filed with the Securities and                 generates a limited number of stress
                                                                                                       scenarios that may not capture the risk                 positions.18 ICC would create P/L
                                               Exchange Commission (‘‘Commission’’)                                                                            distributions from the set of jointly-
                                               a proposed rule change to transition                    of portfolios with more complex, non-
                                                                                                       linear instruments.11 Additionally, the                 simulated hypothetical (forward
                                               from a stress-based methodology to a                                                                            looking) credit spread and RR scenarios
                                               Monte Carlo-based methodology for the                   current approach does not provide for a
                                                                                                       consistent estimation of the portfolio-                 to compute the integrated spread-
                                               spread-response and recovery-rate-                                                                              response component.19 The P/L
                                               sensitivity-response components of the                  level spread response based on a
                                                                                                       defined risk measure (e.g., Value-at-Risk               distributions for each instrument would
                                               initial margin model (SR–ICC–2018–                                                                              allow ICC to decompose portfolio level
                                               008), pursuant to Section 19(b)(1) of the               (‘‘VaR’’)) and quantile (e.g., 99%).12 To
                                                                                                       alleviate the problem, the Proposed Rule                P/L at the RF level and to estimate RF-
                                               Securities Exchange Act of 1934                                                                                 level risk measures.20 The proposed
                                               (‘‘Act’’) 1 and Rule 19b–4 thereunder.2                   4 Securities Exchange Act Release No. 84032           model would utilize the 5-day 99.5%
                                               The proposed rule change was                            (September 5, 2018), 83 FR 46000 (September 11,         VaR measure and allow ICC to be
                                               published for comment in the Federal                    2018) (SR–ICC–2018–008).                                compliant with the European Market
                                               Register on July 24, 2018.3 On                            5 In Amendment No. 1 to the proposed rule
                                                                                                                                                               Infrastructure Regulation (‘‘EMIR’’) as
                                                                                                       change, ICC provided additional details and
                                               September 5, 2018, the Commission                       analyses surrounding the proposed rule change in        applied to Over-The-Counter
                                               designated a longer period within which                 the form of a confidential Exhibit 3.                   instruments.21
                                               to approve the proposed rule change,                      6 Capitalized terms used herein but not otherwise

                                               disapprove the proposed rule change, or                 defined have the meaning set forth in the ICE Clear      13 Id.
                                                                                                       Europe Clearing Rules, which is available at https://
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                                               institute proceedings to determine                      www.theice.com/publicdocs/clear_europe/
                                                                                                                                                                14 Id.

                                               whether to approve or disapprove the                    rulebooks/rules/Clearing_Rules.pdf.                      15 Id.

                                                                                                         7 Id.                                                  16 Id.

                                                 1 15                                                    8 Id.                                                  17 Notice,   83 FR at 35033–34.
                                                      U.S.C. 78s(b)(1).
                                                 2 17 CFR 240.19b–4.                                     9 Id.                                                  18 Notice,   83 FR at 35034.
                                                 3 Securities Exchange Act Release No. 83662 (July       10 Id.                                                 19 Id.

                                                                                                         11 Notice, 83 FR at 35033.                             20 Id.
                                               18, 2018), 83 FR 35033 (July 24, 2018) (SR–ICC–
                                               2018–008) (‘‘Notice’’).                                   12 Id.                                                 21 Id.




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                                               53918                        Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices

                                               Revisions to the ‘Initial Margin                            Second, ICC proposes amendments to                     Fifth, ICC proposes to combine the
                                               Methodology’ Section of the Risk                         the ‘JTD Risk Analysis’ section.30 The                 current ‘Spread Risk Analysis’ and ‘RR
                                               Management Model Description                             proposed revisions to the                              Sensitivity Risk Analysis’ sections into
                                               Document                                                 Uncollateralized LGD (‘‘ULGD’’)                        the proposed ‘Spread and RR Risk
                                                                                                        calculation would incorporate the                      Analysis’ section to reflect the transition
                                                  ICC proposes revisions to the ‘Initial                integrated spread-response component                   to a Monte Carlo-based methodology for
                                               Margin Methodology’ section of the Risk                  described above and remove reference                   the spread-response and RR-sensitivity-
                                               Management Model Description                             to the current RR-sensitivity-response                 response components.40 Under the
                                               Document to reflect its transition to a                  component.31 ICC also proposes, for                    proposed approach, ICC would utilize
                                               Monte Carlo-based methodology for the                    clarity, to shorten a description in the               credit spreads and RR distributions to
                                               spread-response and RR-sensitivity-                      WWR JTD calculation and to move                        jointly simulate scenarios to estimate
                                               response components.22 ICC also                          details regarding the Kendall tau rank-                portfolio risk measures.41 Accordingly,
                                               proposes to clarify its initial margin                   order correlation to follow the WWR                    ICC proposes to combine the ‘Spread
                                               model to note that it features stress loss               JTD calculation as such details are                    Risk Analysis’ and ‘RR Sensitivity Risk
                                               considerations and a P/L distribution                    associated with the WWR JTD                            Analysis’ sections into the ‘Spread and
                                               analysis at selected quantile levels that                calculation.32 ICC proposes to include                 RR Risk Analysis’ section given their
                                               are 99% or higher.23 The proposed                        this information, which is currently                   interrelation under the proposed
                                               changes would further include a                          located in a source in a footnote, within              approach, in which the integrated
                                               description of each of the initial margin                the text to provide further description of             spread response would be computed by
                                               model components, which would be                         the source in the footnote.33 ICC also                 creating P/L distributions from a set of
                                               separated into statistically calibrated                  proposes minor structural updates to its               jointly-simulated hypothetical (forward
                                               components and stress-based add-on                       description of specific WWR (‘‘SWWR’’)                 looking) spread and RR scenarios.42
                                               components.24 The statistically                          to enhance readability.34                                 In the amended ‘Spread Risk
                                               calibrated components (i.e., spread and                     Third, ICC proposes to add clarifying               Analysis’ section, ICC proposes to
                                               RR dynamics, interest rate dynamics,                     language to the ‘Interest Rate Sensitivity             remove details regarding the current
                                               and index/single-name (‘‘SN’’) basis                     Risk Analysis’ section to note that the                stress-based approach and to describe
                                               dynamics) would reflect fluctuations in                  interest rate sensitivity component is a               how ICC generates credit spread
                                               market observed or implied quantities,                   statistically calibrated initial margin                scenarios using Monte Carlo
                                               and their direct P/L impacts.25 The                      component.35 ICC also proposes to                      techniques.43 As described above, the
                                               stress-based add-on components (i.e.,                    correct a notation to reflect an inverse               spread-response component is derived
                                               idiosyncratic loss given default                         distribution function.36                               in terms of a set of hypothetical
                                               (‘‘LGD’’), wrong-way-risk (‘‘WWR’’)                         Fourth, ICC proposes a number of                    ‘‘tightening’’ and ‘‘widening’’ credit
                                               LGD, bid/offer width risk, and                           structural changes to the ‘Basis Risk                  spread scenarios under the current
                                               concentration risk) would reflect the                    Analysis’ section, which consist of                    stress-based approach.44 The analysis of
                                               risk associated with low probability                     moving certain descriptions within the                 the univariate characteristics of credit
                                               events with limited information sets.26                  section and making changes to conform                  spread log-returns to arrive at credit
                                                  First, ICC proposes certain minor                     such descriptions to the proposed new                  spread scenarios would not change
                                               updates to terminology in the ‘LGD Risk                  Monte Carlo based approach.                            under the Monte Carlo-based
                                               Analysis’ section consistent with the                    Specifically, ICC proposes moving the                  methodology.45
                                               transition to the Monte Carlo                            description in the current ‘Long-Short                    The univariate RF distribution
                                               approach.27 Specifically, the proposed                   Benefits among RFs with Common                         assumptions would not change under
                                               revisions would clarify that the LGD                     Basis’ subsection to the proposed ‘Index               the Monte Carlo-based methodology,
                                               calculation considers RSF-specific RR                    Decomposition and Long-Short Offsets’                  and thus the ‘Distribution of the Credit
                                               level scenarios and that the Jump-To-                    subsection and making conforming                       Spreads’ subsection of the amended
                                               Default (‘‘JTD’’) RR stress levels would                 changes.37 Similarly, ICC proposes                     ‘Spread Risk Analysis’ section remains
                                               be updated if needed. ICC proposes to                    moving the description in the current                  largely the same with some clarifying
                                               update the Profit/Loss-Given-Default                     ‘Portfolio Benefits Hierarchy Summary’                 changes to language included.46
                                               (‘‘P/LGD’’) calculation at the RSF level                 subsection to the proposed ‘Long/Short                    ICC proposes to describe the
                                               to indicate the association between the                  Offset Hierarchy’ subsection and making                implementation of the Monte Carlo-
                                               JTD and the RR level scenarios.28 ICC                    conforming changes.38 ICC also                         based methodology in the new
                                               proposes to remove a reference to the                    proposes moving the analysis in the                    ‘Multivariate Statistical Approach via
                                               stress levels noted in the current ‘RR                   current ‘Basis Risk Analysis’ section to               Copulas’ subsection. ICC proposes to
                                               Sensitivity Risk Analysis’ section. ICC                  the proposed ‘Index-Basis Risk                         include a discussion on the construction
                                               proposes to move the RF level P/LGD                      Estimation’ subsection and making                      and application of the standard tools in
                                               calculation ahead of the Risk Factor                     conforming changes.39                                  modeling dependence, including the
                                               Group (‘‘RFG’’) LGD calculations to                                                                             review of their theoretical background,
                                               avoid disrupting the grouping of RFG
                                                                                                          30 Id.
                                                                                                                                                               in the new ‘Copulas’ subsection.47
                                                                                                          31 Id.
                                               LGD calculations.29                                                                                                ICC proposes the new ‘Tail
                                                                                                          32 Id. The details regarding the Kendall tau rank-
                                                                                                                                                               Dependence’ subsection to provide a
                                                                                                        order correlation would remain unchanged, except
                                                 22 Id.                                                 for the addition of clarifying language referencing    description of the concept of tail
                                                 23 Id.                                                 regulatory guidance with respect to RFs deemed
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                                                 24 Id.                                                 highly correlated. Id.                                  40 Id.

                                                 25 Id.                                                   33 Id.                                                41 Id.

                                                 26 Id.                                                   34 Id.                                                42 Id.

                                                 27 ICC                                                   35 Id.                                                43 Notice,   83 FR at 35034–35.
                                                        also proposes to reorganize the ‘Initial
                                                                                                          36 Id.                                                44 Notice,   83 FR at 35035.
                                               Margin Methodology’ section to begin with the
                                               ‘LGD Risk Analysis’ section. Id.                           37 Id.                                                45 Id.
                                                 28 Id.                                                   38 Id.                                                46 Id.
                                                 29 Id.                                                   39 Id.                                                47 Id.




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                                                                           Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices                                          53919

                                               dependence, given its relevancy as it                   component is computed in terms of RR                  Analysis’ section, to the ‘Spread and RR
                                               indicates the probability of extreme                    stress scenarios and incorporates                     Risk Analysis’ section.67 The analysis
                                               values occurring jointly.48 The proposed                potential losses associated with changes              would remain largely the same with
                                               subsection would provide additional                     in the market implied RR.58 The                       some language clarifications, including
                                               support behind ICC’s conclusion that                    proposed Monte Carlo-based                            references to simulated spread levels in
                                               the tools for modeling dependence                       methodology would consider the risk                   conjunction with simulated RR levels
                                               would be particularly suitable for                      arising from fluctuations in the market               within the text and within formulas to
                                               connecting the various univariate                       implied RRs of each SN RF and/or RSF                  ensure consistency with the proposed
                                               distributions in a multivariate setting as              jointly with the fluctuations in the                  ‘Spread and RR Risk Analysis’ section.68
                                               they provide flexibility in modeling tail               curves of credit spreads.59                           ICC proposes further revisions to
                                               dependence.49                                              The proposed ‘Distribution of RRs’                 terminology, such as removing
                                                  In the proposed ‘Copula Simulation’                  subsection would contain much of the                  terminology associated with the stress-
                                               subsection, ICC would describe its                      relevant analysis under the current ‘RR               based approach and incorporating the
                                               Monte Carlo-based simulation                            Sensitivity Risk Analysis’ section                    Monte Carlo simulation based
                                               approach.50 The proposed approach is                    because the univariate RR distribution                methodology described above to ensure
                                               based on first generating for all SN RF/                assumptions would not change under                    consistency with the proposed ‘Spread
                                               RSF and On The Run indices Most                         the Monte Carlo-based methodology.                    and RR Risk Analysis’ section.69 ICC
                                               Actively Traded Tenor (‘‘MATT’’)                        ICC proposes some additional clarifying               also proposes replacing specific
                                               scenarios using the stochastic                          language to further specify that the RR               references to the current most actively
                                               representation of the selected                          stress-based sensitivity requirement                  traded tenor with references to the more
                                               multivariate distribution under                         transitioned to a Monte Carlo                         general concept of ‘‘most actively traded
                                               consideration.51 The conditional                        simulation-based methodology.60                       tenor’’ to account for a situation in
                                               simulation approach would then be                       Specifically, ICC proposes to note the                which the referenced most actively
                                               utilized to generate individual RF/tenor-               assumption regarding the analysis of                  traded tenor is different.70
                                               specific scenarios.52 ICC also proposes                 each SN RF/RSF that includes the                         Seventh, in the proposed ‘Risk
                                               to describe the block simulation                        description located under the current                 Estimations’ subsection, ICC would
                                               approach that it would utilize in                       ‘Beta Distribution’ subsection as the                 describe the computation of the
                                               generating scenarios, which departs                     integrated spread response also assumes               integrated spread-response
                                               from an approach where all tenors for                   a Beta distribution describing the                    component.71 Once the Monte Carlo
                                               all SNs are simulated together. Instead,                behavior of the RRs.61                                scenarios would be simulated, all
                                               specific blocks of the correlation matrix                  The amended ‘Parameter Estimation’                 instruments would be repriced, and the
                                               would be considered through the                         subsection would discuss the parameter                respective instrument P/L responses
                                               stepwise block simulation approach.53                   calibration necessary to simulate RR                  would be computed.72 Upon
                                                  ICC would discuss the estimation of a                scenarios and is largely the same.62 The              consideration of the instrument
                                               new parameter in the proposed ‘Copula                   proposed revisions would remove or                    positions in each portfolio along with
                                               Parameter Estimation’ subsection.54 The                 replace terminology associated with the               the instrument P/L responses, portfolio
                                               new subsection would include a                          stress-based approach with terminology                risk estimations would be performed
                                               description of two methods that can be                  associated with the Monte Carlo-based                 and the integrated spread-response
                                               used for parameter estimation, namely                   approach.63                                           component would be established.73
                                               the ‘‘quasi Maximum Likelihood’’                           The proposed ‘Spread-Recovery-Rate                    ICC proposes to discuss its calculation
                                               approach and the ‘‘Canonical Maximum                    Bivariate Model’ subsection would                     of P/Ls for instruments, RFs, common
                                               Likelihood’’ method.55 ICC proposes to                  describe the use of credit spread and RR              currency sub-portfolios, and multi-
                                               set the value at which this parameter is                distributions to jointly simulate                     currency sub-portfolios under the new
                                               set conservatively and to explain that                  scenarios to estimate portfolio risk                  ‘RF and Sub-Portfolio Level Integrated
                                               the value reflects strong tail dependence               measures under the Monte Carlo-based                  Spread Response’ subsection.74 ICC
                                               within the simulation framework, which                  methodology.64 Namely, ICC proposes                   proposes to retain the use of sub-
                                               is important because ICC estimates that                 to discuss the use of the conditional                 portfolios as is currently done today.75
                                               tail dependence would increase in                       simulation approach to jointly simulate               However, the portfolio benefits across
                                               stressed market conditions.56                           SN RF/RSF-specific RR scenarios with                  sub-portfolios would be limited.76 This
                                                  Sixth, ICC proposes certain                          SN RF/RSF MATT spread log-return                      enhancement would allow ICC to
                                               amendments to the ‘RR Risk Analysis’                    scenarios.65 ICC proposes to note                     decompose portfolio level P/L at the
                                               section to remove details regarding the                 several assumptions under this model,                 sub-portfolio level and to estimate sub-
                                               current stress-based approach for the                   along with an explanation of how it                   portfolio level risk measures.77
                                               RR-sensitivity-response component and                   generates the individual SN RF/RSF-                      In the proposed ‘Instrument P/L
                                               to describe how ICC jointly simulates                   specific RR scenarios and the tenor-                  Estimations’ subsection, ICC would
                                               credit spread and RR scenarios using                    specific spread scenarios using                       describe the calculation of instrument
                                               Monte Carlo techniques.57 As discussed                  copulas.66                                            P/Ls. Namely, ICC would reprice all
                                               above, under the current stress-based                      ICC proposes moving the ‘Arbitrage-                instruments at the hypothetical spread
                                               approach, the RR-sensitivity-response                   Free Modeling’ subsection, which is
                                                                                                       currently located in the ‘Spread Risk                   67 Id.

                                                 48 Id.                                                                                                        68 Id.

                                                 49 Id.                                                  58 Id.                                                69 Id.
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                                                 50 Id.                                                  59 Id.                                                70 Id.

                                                 51 Id.                                                  60 Id.                                                71 Id.

                                                 52 Id.                                                  61 Id.                                                72 Id.

                                                 53 Id.                                                  62 Id.                                                73 Id.
                                                 54 Id.                                                  63 Id.                                                74 Id.
                                                 55 Id.                                                  64 Id.                                                75 Id.
                                                 56 Id.                                                  65 Id.                                                76 Id.
                                                 57 Id.                                                  66 Id.                                                77 Id.




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                                               53920                         Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices

                                               and RR levels, which would be derived                       ICC proposes to include its                         specifically the ‘Portfolio Level
                                               from the simulated spread and RR                          calculation for the portfolio level                   Integrated SR’ subsection.97
                                               scenarios, and take the difference                        integrated spread-response component
                                                                                                                                                               Other Revisions to the Risk Management
                                               between the prices of the instruments at                  in the ‘Portfolio level Integrated Spread
                                                                                                                                                               Model Description Document
                                               the simulated scenarios and the current                   Response’ subsection.88 The calculation
                                               end-of-day (‘‘EOD’’) prices.78 ICC would                  would include the sub-portfolio-specific                 ICC proposes minor changes to the
                                               utilize the instrument-related P/L                        integrated spread response after any                  ‘Guaranty Fund (‘‘GF’’) Methodology’
                                               distribution to estimate the instrument-                  potential multicurrency benefits and the              section of the Risk Management Model
                                               specific integrated spread response as                    RF-specific integrated spread                         Description Document.98 The proposed
                                               the 99.5% VaR measure in the currency                     response.89 ICC proposes the new ‘RF                  changes would move the descriptions
                                               of the instrument.79                                      Attributed Integrated Spread Response                 associated with the credit spread curve
                                                  ICC would describe the calculation of                  Requirements’ subsection to describe                  shape scenarios (i.e., Uniform Scaling,
                                               RF P/Ls in the proposed ‘RF P/L                           the calculation of the RF attributed                  Pivoting, and Tenor Specific) from the
                                               Estimations’ subsection.80 ICC would                      integrated spread-response component                  current ‘Spread Risk Analysis’ section to
                                               utilize the simulated P/L scenarios,                      for each RF in the considered                         the ‘Unconditional Uncollateralized
                                               combined with the post-index-                             portfolio.90                                          Exposures’ subsection.99 Although the
                                               decomposition positions related to a                        ICC proposes minor revisions to the                 credit spread curve shape scenarios are
                                               given RF, to generate a currency-specific                 ‘Anti-Procyclicality Measures’                        currently considered as part of the
                                               RF P/L distribution.81 ICC would utilize                  subsection to replace terminology                     spread-response component, ICC
                                               this RF-related P/L distribution to                       associated with the stress-based                      proposes to only use them for GF
                                               estimate the RF-specific integrated                       approach with terminology associated                  purposes.100 The descriptions and
                                               spread response as the 99.5% VaR                          with the Monte Carlo-based approach.91                calculations associated with the credit
                                               measure in the currency of the                            ICC also proposes to update calculation               spread curve shape scenarios would
                                               considered RF.82                                          descriptions relating to portfolio                    remain largely the same with some
                                                  In the proposed ‘Common Currency                       responses to note that certain amounts                clarifying changes, including the
                                               Sub-Portfolio P/L Estimations’                            would be converted to or represented in               substitution of a variable for the
                                               subsection, ICC would describe the                        USD using the EOD established foreign                 simulation quantile in the calculations
                                               calculation of common currency sub-                       exchange (‘‘FX’’) rate.92                             to reflect consistency with the GF risk
                                               portfolio P/Ls.83 For a currency specific                   Eighth, ICC proposes updates to the                 measure, and structural changes to the
                                               sub-portfolio, ICC would extract the                      ‘Multi-Currency Portfolio Treatment’                  descriptions to enhance readability.101
                                               relevant risk measures from sub-                          section to incorporate the proposed                   Additionally, the proposed changes
                                               portfolio level P/L distributions, which                  integrated spread-response                            would include reference to the
                                               would be obtained from the aggregation                    component.93 ICC proposes to clarify                  integrated spread response in place of
                                               of common currency RF P/L                                 that it implements a multi-currency                   the spread response in the calculations
                                               distributions.84                                          portfolio treatment methodology for                   describing the GF stress spread
                                                  In the proposed ‘Multi-Currency Sub-                   portfolios with instruments that are                  response.
                                               Portfolio P/L Estimations’ subsection,                    denominated in different currencies.94                   ICC also proposes other non-material
                                               ICC would add clarifying language                         The proposed changes would also                       changes to the Risk Management Model
                                               describing the calculation of multi-                      remove references to the current spread-              Description Document, including minor
                                               currency sub-portfolio P/Ls. ICC                          response component.95                                 grammatical, typographical, and
                                               proposes to extend multi-currency                           Finally, ICC also proposes minor edits              structural changes to enhance
                                               portfolio benefits to RFs with similar                    to the ‘Portfolio Loss Boundary                       readability and minor updates to
                                               market characteristics, where the RFs                     Condition’ section to remove or replace               calculations to update symbol
                                               and their respective instruments would                    references to the current spread-                     notations.102
                                               be denominated in different                               response and RR-sensitivity-response
                                                                                                                                                               Risk Management Framework
                                               currencies.85 Under the proposed                          components with references to the
                                               approach, long-short integrated spread                    proposed integrated spread-response                      ICC proposes conforming revisions to
                                               response benefits would be provided                       component within the text and within                  its Risk Management Framework to
                                               between Corporate RFs that are                            formulas to ensure consistency with the               reflect the transition to a Monte Carlo-
                                               denominated in different currencies.86                    proposed ‘Spread and RR Risk Analysis’                based methodology for the spread
                                               ICC proposes to retain the multi-                         section, specifically the ‘Portfolio Level            response and RR-sensitivity-response
                                               currency risk aggregation approach,                       Integrated SR’ subsection.96 Moreover,                components of the initial margin
                                               which involves obtaining U.S. Dollar                      ICC proposes to reference, for clarity,               model.103 The proposed revisions are
                                               (‘‘USD’’) and Euro (‘‘EUR’’)                              the total number of RFs within the                    described in detail as follows.
                                               denominated sub-portfolio P/L                             considered sub-portfolio in its                          ICC proposes changes to the ‘Waterfall
                                               distributions, to RFs within the North                    calculations of the maximum portfolio                 Level 2: Initial Margin’ section to
                                               American Corporate and European                           loss and the maximum portfolio                        combine the spread response and the RR
                                               Corporate sub-portfolios denominated                      integrated spread response to ensure                  sensitivity components into the
                                               in USD and EUR, respectively.87                           consistency with the proposed ‘Spread                 proposed integrated spread-response
                                                                                                         and RR Risk Analysis’ section,                        component.104 The proposed revisions
                                                 78 Notice,   83 FR at 35035–36.                                                                               would introduce the integrated spread-
                                                 79 Notice,   83 FR at 35036.                              88 Id.
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                                                 80 Id.                                                    89 Id.                                                97 Id.

                                                 81 Id.                                                    90 Id.                                                98 Id.

                                                 82 Id.                                                    91 Id.                                                99 Id.

                                                 83 Id.                                                    92 Id.                                                100 Id.
                                                 84 Id.                                                    93 Id.                                                101 Id.
                                                 85 Id.                                                    94 Id.                                                102 Id.
                                                 86 Id.                                                    95 Id.                                                103 Id.
                                                 87 Id.                                                    96 Id.                                                104 Id.




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                                                                           Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices                                          53921

                                               response component under the                            at least 5 days.115 The portfolio level                  As described above, the Proposed
                                               amended ‘Integrated Spread Response                     integrated spread response would be                   Rule Change would make a variety of
                                               Requirements’ section and replace all                   estimated as a weighted sum of RF and                 changes to ICC’s initial margin model,
                                               references to the spread response with                  sub-portfolio 99.5% VaR measures.116                  and the documentation thereof, to
                                               references to the integrated spread                     ICC also proposes to move its analysis                transition ICC from the current stress-
                                               response.105 ICC proposes conforming                    related to achieving anti pro-cyclicality             based approach to a Monte Carlo-based
                                               changes throughout the framework.106                    to the amended ‘Integrated Spread                     methodology for the spread-response
                                               Currently, the spread-response                          Response Requirements’ section without                and recovery-rate-sensitivity-response
                                               component is obtained by estimating                     any material changes.117                              components of the model. The current
                                               scenario P/L for a set of hypothetical                                                                        approach faces certain limitations, in
                                                                                                       Notice of Filing of Amendment No. 1                   that it produces a limited number of
                                               ‘‘tightening’’ and ‘‘widening’’ credit
                                               spread scenarios and by considering the                    ICC submitted Amendment No. 1 to                   stress scenarios that may not capture the
                                               largest loss.107 Under the proposed                     provide Commission with additional                    risk of portfolios with more complex,
                                               revisions, the integrated spread                        details and analyses surrounding ICC’s                non-linear instruments, and that it does
                                               response would be computed by                           proposed transition to a Monte Carlo-                 not provide for a consistent estimation
                                               creating P/L distributions from a set of                based methodology for certain                         of the portfolio level spread response
                                               jointly-simulated hypothetical (forward                 components of the initial margin model.               based on a defined risk measure (e.g.,
                                               looking) credit spread and RR                           Amendment No. 1 included additional                   Value-at-Risk) and quantile (e.g., 99%).
                                               scenarios.108 The proposed changes                      information, which was submitted as                   The methodology reflected in the
                                               would provide an updated calculation                    Exhibit 3, related to the Filing. Exhibit             Proposed Rule Change is designed to
                                               of the instrument scenario P/L, note the                3 contains a correlation sensitivity                  address these limitations. Specifically,
                                               mappings between spread and RR levels                   analysis on portfolios using the                      the Monte Carlo-based methodology
                                               and prices are performed by means of                    proposed Monte Carlo-based                            should help ICC to consider a large set
                                               the International Swap and Derivatives                  methodology for the first half of 2018                of scenarios to more appropriately
                                               Association (‘‘ISDA’’) standard                         and a back-testing analysis of the IM                 capture portfolio risk, including the risk
                                               conversion convention, and specify that                 components of the proposed Monte                      of more complex, non-linear
                                               the hypothetical prices are forward                     Carlo-based methodology spanning 2015                 instruments, and produce consistent
                                               looking.109 ICC also proposes to state                  through 2018 and including periods of                 quantile-based portfolio risk measures.
                                               that the integrated spread response                     stressed market conditions.                              Thus, the Commission believes that
                                               approach would assume a distribution                                                                          the proposed Monte Carlo-based
                                                                                                       II. Discussion and Commission                         methodology should enhance ICC’s
                                               that would describe the behavior of the                 Findings
                                               RRs.110                                                                                                       initial margin model by improving its
                                                  ICC proposes the new ‘Index                            Section 19(b)(2)(C) of the Act directs              ability to determine the amount of
                                               Decomposition Approach’ subsection,                     the Commission to approve a proposed                  initial margin that ICC should collect
                                               which would contain the analysis under                  rule change of a self-regulatory                      and, therefore, to manage financial risk
                                               the current ‘Index Decomposition                        organization if it finds that such                    exposures that may arise in the course
                                               Benefits between Index RFs and SN                       proposed rule change is consistent with               of its ongoing clearance and settlement
                                               RSFs’ subsection without any material                   the requirements of the Act and the                   activities. The Commission also believes
                                                                                                       rules and regulations thereunder                      that the improved ability to determine
                                               changes.111 ICC also proposes the new
                                                                                                       applicable to such organization.118 For               initial margin should better allow ICC to
                                               ‘Portfolio Approach’ subsection to
                                                                                                       the reasons given below, the                          complete the clearance and settlement
                                               describe the Monte Carlo simulation
                                                                                                       Commission finds that the proposal is                 process in the event of a member
                                               framework, which would replace the
                                                                                                       consistent with Section 17A(b)(3)(F) of               default. For these reasons, the
                                               current stress-based approach noted
                                                                                                       the Act 119 and Rule 17Ad–22(b)(2)                    Commission believes that Proposed
                                               above.112 ICC proposes to utilize Monte
                                                                                                       thereunder.120                                        Rule Change should help promote the
                                               Carlo techniques to generate spread and
                                                                                                                                                             prompt and accurate clearance and
                                               RR scenarios.113 ICC would utilize the                  A. Consistency With Section                           settlement of securities transactions,
                                               simulated scenarios to derive the                       17A(b)(3)(F) of the Act                               derivative agreements, contracts, and
                                               hypothetical spread and RR levels, at                                                                         transactions. Similarly, the Proposed
                                               which each instrument is repriced in                      Section 17A(b)(3)(F) of the Act 121
                                                                                                       requires, among other things, that the                Rule Change should enhance ICC’s
                                               order to generate a scenario instrument                                                                       ability to help assure the safeguarding of
                                               P/L based on post-index-decomposition                   rules of ICC be designed to promote the
                                                                                                       prompt and accurate clearance and                     securities and funds which are in the
                                               positions.114 For each scenario,                                                                              custody or control of ICC or for which
                                               instrument P/Ls would aggregated to                     settlement of securities transactions,
                                                                                                       and to the extent applicable, derivative              it is responsible because the enhanced
                                               obtain RF and sub-portfolio P/Ls, which                                                                       initial margin model should better allow
                                               represent the RF and sub-portfolio P/L                  agreements, contracts and transactions;
                                                                                                       to assure the safeguarding of securities              ICC to determine the amount of initial
                                               distributions that would be used to                                                                           margin it needs to collect and hold to
                                               estimate the RF and sub-portfolio 99.5%                 and funds which are in the custody or
                                                                                                       control of ICC or for which it is                     address potential loss exposures.
                                               VaR measures at a risk horizon that is                                                                        Finally, for both of these reasons, the
                                                                                                       responsible; and to comply with the
                                                                                                       provisions of the Act and the rules and               Commission believes the Proposed Rule
                                                 105 Id.
                                                 106 Id.                                               regulations thereunder.                               Change should, in general, protect
                                                                                                                                                             investors and the public interest.
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                                                 107 Id.
                                                 108 Id.                                                 115 Id.
                                                                                                                                                             B. Consistency With Rule 17Ad–22(b)(2)
                                                 109 Id.                                                 116 Id.
                                                 110 Id.                                                 117 Id.                                               Rule 17Ad-22(b)(2) requires that ICC
                                                 111 Notice, 83 FR at 35036–37.                          118 15 U.S.C. 78s(b)(2)(C).                         establish, implement, maintain and
                                                 112 Notice, 83 FR at 35037.                             119 15 U.S.C. 78q–1(b)(3)(F).                       enforce written policies and procedures
                                                 113 Id.                                                 120 17 CFR 240.17Ad–22(b)(2).                       reasonably designed to use margin
                                                 114 Id.                                                 121 15 U.S.C. 78q–1(b)(3)(F).                       requirements to limit its credit


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                                               53922                          Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices

                                               exposures to participants under normal                     Paper Comments                                            By providing the additional
                                               market conditions and use risk-based                                                                               information, Amendment No. 1
                                               models and parameters to set margin                          Send paper comments in triplicate to
                                                                                                                                                                  provides for a more clear and
                                               requirements and review such margin                        Secretary, Securities and Exchange
                                                                                                                                                                  comprehensive understanding of the
                                               requirements and the related risk-based                    Commission, 100 F Street NE,
                                                                                                          Washington, DC 20549–1090.                              estimated impact of the Proposed Rule
                                               models and parameters at least                                                                                     Change, which helps to improve the
                                               monthly.122                                                All submissions should refer to File                    Commission’s review of the Proposed
                                                  As described above, the Proposed                        Number SR–ICC–2018–008. This file                       Rule Change for consistency with the
                                               Rule Change would transition ICC to a                      number should be included on the                        Act. Specifically, the information helps
                                               Monte Carlo-based methodology for the                      subject line if email is used. To help the              to ensure that ICC’s risk management
                                               spread-response and recovery-rate-                         Commission process and review your                      system appropriately and effectively
                                               sensitivity-response components of the                     comments more efficiently, please use                   addresses the risks associated with
                                               initial margin model. The Commission                       only one method. The Commission will
                                                                                                                                                                  clearing security based swap-related
                                               believes that the Proposed Rule Change                     post all comments on the Commission’s
                                                                                                                                                                  portfolios by providing an estimated
                                               should enhance ICC’s ability to establish                  internet website (http://www.sec.gov/
                                                                                                          rules/sro.shtml). Copies of the                         impact of the proposed Monte Carlo-
                                               margin requirements that are better able                                                                           based methodology.
                                               to capture portfolio risk, including the                   submission, all subsequent
                                               risk of more complex, non-linear                           amendments, all written statements                        For similar reasons as discussed
                                               instruments, and ensure that ICC                           with respect to the proposed rule                       above, the Commission finds that
                                               establishes margin requirements that are                   change, security-based swap                             Amendment No. 1 is designed to help
                                               commensurate with the risks and                            submission, or advance notice that are                  assure the safeguarding of securities and
                                               characteristics of each portfolio. Taken                   filed with the Commission, and all                      funds which are in the custody or
                                               together, the Commission believes that                     written communications relating to the                  control of ICC, consistent with Section
                                               these aspects of the Proposed Rule                         proposed rule change, security-based                    17A(b)(3)(F) of the Act.125 Accordingly,
                                               Change should improve ICC’s use of                         swap submission, or advance notice                      the Commission finds good cause for
                                               risk-based models and parameters to set                    between the Commission and any                          approving the Proposed Rule Change, as
                                               margin requirements, which, in turn,                       person, other than those that may be                    modified by Amendment No. 1, on an
                                               should improve ICC’s use of margin                         withheld from the public in accordance                  accelerated basis, pursuant to Section
                                               requirements to limit its credit                           with the provisions of 5 U.S.C. 552, will               19(b)(2) of the Exchange Act.126
                                               exposures to participants under normal                     be available for website viewing and
                                               market conditions.                                         printing in the Commission’s Public                     V. Conclusion
                                                                                                          Reference Room, 100 F Street NE,
                                                  The Proposed Rule Change includes                                                                                 On the basis of the foregoing, the
                                                                                                          Washington, DC 20549, on official
                                               numerous changes to the descriptions of                                                                            Commission finds that the proposal is
                                                                                                          business days between the hours of
                                               ICC’s initial margin methodology in its                                                                            consistent with the requirements of the
                                                                                                          10:00 a.m. and 3:00 p.m. Copies the
                                               Risk Management Model Description                                                                                  Act, and in particular, with the
                                                                                                          filing also will be available for
                                               and its Risk Management Framework to                                                                               requirements of Section 17A(b)(3)(F) of
                                                                                                          inspection and copying at the principal
                                               reflect this transition to the proposed                                                                            the Act 127 and Rule 17Ad–22(b)(2)
                                                                                                          office of ICE Clear Credit and on ICE
                                               methodology. The Commission                                                                                        thereunder.128
                                                                                                          Clear Credit’s website at https://
                                               therefore believes that the proposed rule
                                                                                                          www.theice.com/clear-credit/regulation.                   IT IS THEREFORE ORDERED
                                               change should help ICC establish
                                                                                                          All comments received will be posted                    pursuant to Section 19(b)(2) of the
                                               written procedures reasonably designed
                                                                                                          without change. Persons submitting                      Act 129 that the proposed rule change, as
                                               to use risk-based models and parameters
                                                                                                          comments are cautioned that we do not                   modified by Amendment No. 1, (SR–
                                               to set margin requirements.
                                                                                                          redact or edit personal identifying                     ICC–2018–008) be, and hereby is,
                                                  Therefore, for the above reasons the                    information from comment submissions.
                                               Commission finds that the Proposed                                                                                 approved on an accelerated basis.130
                                                                                                          You should submit only information
                                               Rule Change is consistent with Rule                        that you wish to make available                           For the Commission, by the Division of
                                               17Ad–22(b)(2).123                                          publicly. All submissions should refer                  Trading and Markets, pursuant to delegated
                                                                                                          to File Number SR–ICC–2018–008 and                      authority.131
                                               III. Solicitation of Comments
                                                                                                          should be submitted on or before                        Eduardo A. Aleman,
                                                 Interested persons are invited to                        November 15, 2018.                                      Assistant Secretary.
                                               submit written data, views, and                                                                                    [FR Doc. 2018–23279 Filed 10–24–18; 8:45 am]
                                               arguments concerning the foregoing,                        IV. Accelerated Approval of the
                                               including whether Amendment No. 1 is                       Proposed Rule Change                                    BILLING CODE 8011–01–P

                                               consistent with the Act. Comments may                         The Commission finds good cause,
                                               be submitted by any of the following                       pursuant to Section 19(b)(2) of the
                                               methods:                                                   Act,124 to approve the Proposed Rule
                                               Electronic Comments                                        Change prior to the 30th day after the
                                                                                                          date of publication of Amendment No.
                                                 • Use the Commission’s internet
                                                                                                                                                                    125 15  U.S.C. 78q–1(b)(3)(F).
                                                                                                          1 in the Federal Register. As discussed                   126 15
                                               comment form (http://www.sec.gov/                                                                                            U.S.C. 78s(b)(2).
                                                                                                          above, Amendment No. 1 provides
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                                                                                                                                                                     127 15 U.S.C. 78q–1(b)(3)(F).
                                               rules/sro.shtml); or                                       additional details and analyses                            128 17 CFR 240.17Ad–22(b)(2).
                                                 • Send an email to rule-comments@                        surrounding ICC’s proposed transition                      129 15 U.S.C. 78s(b)(2).
                                               sec.gov. Please include File Number SR–                    to a Monte Carlo-based methodology for                     130 In approving the proposed rule change, the
                                               ICC–2018–008 on the subject line.                          certain components of the initial margin                Commission considered the proposal’s impact on
                                                                                                          model.                                                  efficiency, competition, and capital formation. 15
                                                 122 17    CFR 240.17Ad–22(b)(2).                                                                                 U.S.C. 78c(f).
                                                 123 Id.                                                    124 15   U.S.C. 78s(b)(2).                               131 17 CFR 200.30–3(a)(12).




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Document Created: 2018-10-25 01:44:32
Document Modified: 2018-10-25 01:44:32
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 53917 

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