83_FR_56325 83 FR 56107 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change Relating to Amendments to the ICE Clear Europe Limited Liquidity Plan

83 FR 56107 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change Relating to Amendments to the ICE Clear Europe Limited Liquidity Plan

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range56107-56109
FR Document2018-24521

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56107-56109]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24521]



[[Page 56107]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84533; File No. SR-ICEEU-2018-015]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing of Proposed Rule Change Relating to Amendments to the ICE 
Clear Europe Limited Liquidity Plan

November 5, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 22, 2018, ICE Clear Europe Limited (``ICE Clear Europe'' or 
the ``Clearing House'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I, II, and III below, which Items have been prepared primarily by 
ICE Clear Europe. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    ICE Clear Europe proposes to amend its Liquidity Plan to reflect 
changes in its treasury arrangements and certain other enhancements. 
The amendments do not involve any changes to ICE Clear Europe's 
Clearing Rules or Procedures.\3\
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    \3\ Capitalized terms used but not defined herein have the 
meanings specified in the ICE Clear Europe Clearing Rules (the 
``Rules'').
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

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

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

(a) Purpose
    ICE Clear Europe is proposing to make certain amendments to its 
Liquidity Plan to address changes in its treasury activities and to 
make certain enhancements to liquidity risk stress testing scenarios 
and other clarifications.
    The approved financial institution (``AFI'') default and AFI plus 
Member default liquidity stress testing scenarios have been revised to 
refer to AFIs (such as investment agents and custodians) more 
generally, rather than to specific institutions. For example, in the 
AFI default liquidity stress testing scenario, sources used for risk 
tolerance and risk appetite evaluation have been revised to refer to 
non-defaulting investment agents, rather than a specific bank. In the 
AFI plus member default scenario, the scenario has been revised to be 
based on a default of an AFI (investment agent or custodian) as 
liquidity provider and clearing member, and sources used for evaluation 
would look at a non-defaulting service provider. These changes reflect 
that the Clearing House may use a number of different AFIs, and thus 
will assist the Clearing House in keeping the Liquidity Plan up to date 
as service providers change. The amendments also facilitate use by the 
Clearing House of additional treasury service providers, consistent 
with its other policies and procedures, which will help the Clearing 
House appropriately manage risks from treasury operations.
    The amendments also add a new Central Securities Depository (CSD) 
default scenario. This is defined as the relevant CSD (the Federal 
Reserve (for USD securities), Euroclear Bank (for Euro securities) or 
Euroclear UK & Ireland (for GBP securities)) being unable to process 
settlements. Under this scenario, available liquidity is assessed 
against the expected net cash payment outflow for a single day on a per 
currency basis, to determine if such a default could result in a delay 
in payment to clearing members.
    Certain other updates and clarifications have been made to the 
liquidity stress testing scenarios and related sources used in risk 
tolerance and risk appetite evaluations. These include amendments to 
address reliance on intra-day overdraft facilities and eliminate 
references to an ICE Inc. (the parent company of ICE Clear Europe) 
credit facility. In calculating the investment loss component of 
liquidity stress losses in clearing member default scenario, the 
amendments clarify that time deposits are assumed to have a 100% 
liquidity loss, similar to other unsecured investments. The amendments 
also clarify certain arrangements with respect to cross-currency 
investment for purposes of liquidity stress testing. U.S. dollar cash 
can, in certain circumstances, be invested through reverse repurchase 
agreements in assets denominated in Euro or pounds sterling, but for 
scenarios that look at cash invested with a one-day maturity, such 
investments will be excluded from available liquidity resources. The 
amended plan notes that cross-currency investments for Euro and British 
pounds sterling balances are not permitted.
    The amendments update a table of key risk and performance 
indicators (KRPIs) used by the Clearing House to determine if 
investments meet the credit and liquidity standards set out in Clearing 
House investment policies. Additional KRPIs included in the Liquidity 
Plan address such indicators as rating checks for unsecured 
investments, repo counterparties and sovereigns; the level of sovereign 
purchases; matching of the currency of investment and underlying 
collateral; collateral coverage; and repo balance per counterparty by 
rating. The KRPI for unsecured investment tenor is reduced to one 
business day. The KRPI for aggregate reverse repo balance is reduced 
from 55% of total investments to 50%. The KRPI for reverse repo tenor 
is revised to be less than or equal to 37 days. Certain other 
clarifications and typographical corrections are also made.
    The amendments also update cross-references to various treasury 
standard operating procedures used by the Clearing House.
    Certain internal reporting processes have been streamlined. A 
number of weekly and monthly reports would no longer be provided on a 
routine basis to the Board Risk Committee and the Board. New governance 
reporting requirements have been added instead, with (i) certain 
liquidity metrics (including breaches) being provided to the Audit 
Committee, (ii) collateral and investment data, APS performance and 
exposure, liquidity metrics and assessments, and KRPI data being 
provided to the Board, and (iii) a liquidity management summary and 
certain other summary data being provided to the Business Risk 
Committee. ICE Clear Europe believes that these amendments will enhance 
oversight of Clearing House liquidity risk management.
    Certain clarifications are made to provisions relating to the 
annual testing of the Liquidity Plan. In addition, the amendments also 
provide that at least on an annual basis, the Liquidity Plan will be 
reviewed by the Executive Risk Committee (instead of the Business 
Control Committee).
    The appendices have been edited to remove an unnecessary list of 
risk default scenarios.

[[Page 56108]]

(b) Statutory Basis
    ICE Clear Europe believes that the proposed rule changes are 
consistent with the requirements of Section 17A of the Act \4\ and the 
regulations thereunder applicable to it, including the standards under 
Rule 17Ad-22.\5\ Section 17A(b)(3)(F) of the Act \6\ requires, among 
other things, that the rules of a clearing agency be designed to 
promote the prompt and accurate clearance and settlement of securities 
transactions, and to the extent applicable, derivative agreements, 
contracts and transactions, the safeguarding of securities and funds in 
the custody or control of the clearing agency or for which it is 
responsible, and the protection of investors and the public interest. 
In addition, Rule 17Ad-22(e)(7) \7\ requires covered clearing agencies 
to effectively measure, monitor and manage their liquidity risk, 
including through liquidity stress testing.\8\
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    \4\ 15 U.S.C. 78q-1.
    \5\ 17 CFR 240.17Ad-22.
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ 17 CFR 240.17Ad-22(e)(7).
    \8\ Specifically, Rule 17Ad-22(e)(7)(vi) requires that the 
covered clearing agency:
    ``(vi) Determin[e] the amount and regularly testing the 
sufficiency of the liquid resources held for purposes of meeting the 
minimum liquid resource requirement under paragraph (e)(7)(i) of 
this section by, at a minimum:
    (A) Conducting stress testing of its liquidity resources at 
least once each day using standard and predetermined parameters and 
assumptions. . . .'' 17 CFR 240.17Ad-22(e)(7).
---------------------------------------------------------------------------

    The proposed amendments to the Liquidity Plan are designed to 
update and strengthen the clearing house's policies and procedures 
relating to liquidity risk management, in light of these requirements. 
In particular, the revised policies will enhance certain liquidity 
stress testing scenarios, by more readily taking into account relevant 
changes in treasury service providers in AFI failure scenarios and 
addressing the possibility of a CSD failure through the CSD default 
scenario. The amendments also update monitoring metrics and standards, 
including through revised KRPIs. In addition, the revisions improve 
internal reporting and oversight of liquidity risk management, and 
specify the appropriate governance framework for review of liquidity 
stress testing and related metrics and parameters, among other matters. 
In ICE Clear Europe's view, the amendments thereby enhance the ability 
of the clearing house to assess potential liquidity events that may 
affect its ability to conduct settlements for cleared transactions, 
which in turn will strengthen its ability to manage such events in 
order to continue clearing house operations. As such, ICE Clear Europe 
believes that the changes will promote the prompt and accurate 
settlement of securities and derivatives transactions and, in general, 
protect investors and the public interest within the meaning of Section 
17A(b)(3)(F) .\9\ Furthermore, and for similar reasons, ICE Clear 
Europe believes that the amendments are consistent with the specific 
liquidity testing and monitoring requirements of Rule 17Ad-
22(e)(7).\10\
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    \9\ 15 U.S.C. 78q-1(b)(3)(F).
    \10\ 17 CFR 240.17Ad-22(e)(7).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would 
have any impact, or impose any burden, on competition not necessary or 
appropriate in furtherance of the purposes of the Act. The amendments 
are being adopted to enhance the Clearing House's own liquidity stress 
testing procedures. The amendments are not expected to change the 
rights or obligations of Clearing Members or the terms or conditions of 
any cleared contract. In addition, the amendments should not materially 
affect the cost of clearing for Clearing Members or other market 
participants, and should not otherwise affect accessing to clearing for 
any market participants. As a result, the amendments should not affect 
competition among Clearing Members or other market participants.

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

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

III. Date of Effectiveness of the Proposed Rule Change

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change 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-ICEEU-2018-015 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2018-015. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10 a.m. and 3 
p.m. Copies of such filings will also be available for inspection and 
copying at the principal office of ICE Clear Europe and on ICE Clear 
Europe's website at https://www.theice.com/clear-europe/regulation#rule-filing. All comments received will be posted without 
change. Persons submitting comments are cautioned that we do not redact 
or edit personal identifying information from comment submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-ICEEU-2018-015 
and should be submitted on or before November 30, 2018.


[[Page 56109]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24521 Filed 11-8-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                          56107

                                               SECURITIES AND EXCHANGE                                 testing scenarios and other                           agreements in assets denominated in
                                               COMMISSION                                              clarifications.                                       Euro or pounds sterling, but for
                                                                                                          The approved financial institution                 scenarios that look at cash invested with
                                               [Release No. 34–84533; File No. SR–ICEEU–               (‘‘AFI’’) default and AFI plus Member
                                               2018–015]
                                                                                                                                                             a one-day maturity, such investments
                                                                                                       default liquidity stress testing scenarios            will be excluded from available
                                               Self-Regulatory Organizations; ICE                      have been revised to refer to AFIs (such              liquidity resources. The amended plan
                                               Clear Europe Limited; Notice of Filing                  as investment agents and custodians)                  notes that cross-currency investments
                                               of Proposed Rule Change Relating to                     more generally, rather than to specific               for Euro and British pounds sterling
                                               Amendments to the ICE Clear Europe                      institutions. For example, in the AFI                 balances are not permitted.
                                               Limited Liquidity Plan                                  default liquidity stress testing scenario,               The amendments update a table of
                                                                                                       sources used for risk tolerance and risk              key risk and performance indicators
                                               November 5, 2018.                                       appetite evaluation have been revised to              (KRPIs) used by the Clearing House to
                                                  Pursuant to Section 19(b)(1) of the                  refer to non-defaulting investment                    determine if investments meet the credit
                                               Securities Exchange Act of 1934                         agents, rather than a specific bank. In               and liquidity standards set out in
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 the AFI plus member default scenario,                 Clearing House investment policies.
                                               notice is hereby given that on October                  the scenario has been revised to be                   Additional KRPIs included in the
                                               22, 2018, ICE Clear Europe Limited                      based on a default of an AFI (investment              Liquidity Plan address such indicators
                                               (‘‘ICE Clear Europe’’ or the ‘‘Clearing                 agent or custodian) as liquidity provider             as rating checks for unsecured
                                               House’’) filed with the Securities and                  and clearing member, and sources used                 investments, repo counterparties and
                                               Exchange Commission (‘‘Commission’’)                    for evaluation would look at a non-                   sovereigns; the level of sovereign
                                               the proposed rule change as described                   defaulting service provider. These                    purchases; matching of the currency of
                                               in Items I, II, and III below, which Items              changes reflect that the Clearing House               investment and underlying collateral;
                                               have been prepared primarily by ICE                     may use a number of different AFIs, and               collateral coverage; and repo balance
                                               Clear Europe. The Commission is                         thus will assist the Clearing House in                per counterparty by rating. The KRPI for
                                               publishing this notice to solicit                       keeping the Liquidity Plan up to date as              unsecured investment tenor is reduced
                                               comments on the proposed rule change                    service providers change. The                         to one business day. The KRPI for
                                               from interested persons.                                amendments also facilitate use by the                 aggregate reverse repo balance is
                                                                                                       Clearing House of additional treasury                 reduced from 55% of total investments
                                               I. Clearing Agency’s Statement of the                   service providers, consistent with its
                                               Terms of Substance of the Proposed                                                                            to 50%. The KRPI for reverse repo tenor
                                                                                                       other policies and procedures, which                  is revised to be less than or equal to 37
                                               Rule Change                                             will help the Clearing House                          days. Certain other clarifications and
                                                  ICE Clear Europe proposes to amend                   appropriately manage risks from                       typographical corrections are also made.
                                               its Liquidity Plan to reflect changes in                treasury operations.
                                                                                                                                                                The amendments also update cross-
                                               its treasury arrangements and certain                      The amendments also add a new
                                                                                                       Central Securities Depository (CSD)                   references to various treasury standard
                                               other enhancements. The amendments                                                                            operating procedures used by the
                                               do not involve any changes to ICE Clear                 default scenario. This is defined as the
                                                                                                       relevant CSD (the Federal Reserve (for                Clearing House.
                                               Europe’s Clearing Rules or Procedures.3                                                                          Certain internal reporting processes
                                                                                                       USD securities), Euroclear Bank (for
                                               II. Clearing Agency’s Statement of the                  Euro securities) or Euroclear UK &                    have been streamlined. A number of
                                               Purpose of, and Statutory Basis for, the                Ireland (for GBP securities)) being                   weekly and monthly reports would no
                                               Proposed Rule Change                                    unable to process settlements. Under                  longer be provided on a routine basis to
                                                  In its filing with the Commission, ICE               this scenario, available liquidity is                 the Board Risk Committee and the
                                               Clear Europe included statements                        assessed against the expected net cash                Board. New governance reporting
                                               concerning the purpose of and basis for                 payment outflow for a single day on a                 requirements have been added instead,
                                               the proposed rule change and discussed                  per currency basis, to determine if such              with (i) certain liquidity metrics
                                               any comments it received on the                         a default could result in a delay in                  (including breaches) being provided to
                                               proposed rule change. The text of these                 payment to clearing members.                          the Audit Committee, (ii) collateral and
                                               statements may be examined at the                          Certain other updates and                          investment data, APS performance and
                                               places specified in Item IV below. ICE                  clarifications have been made to the                  exposure, liquidity metrics and
                                               Clear Europe has prepared summaries,                    liquidity stress testing scenarios and                assessments, and KRPI data being
                                               set forth in sections (A), (B), and (C)                 related sources used in risk tolerance                provided to the Board, and (iii) a
                                               below, of the most significant aspects of               and risk appetite evaluations. These                  liquidity management summary and
                                               such statements.                                        include amendments to address reliance                certain other summary data being
                                                                                                       on intra-day overdraft facilities and                 provided to the Business Risk
                                               (A) Clearing Agency’s Statement of the                  eliminate references to an ICE Inc. (the              Committee. ICE Clear Europe believes
                                               Purpose of, and Statutory Basis for, the                parent company of ICE Clear Europe)                   that these amendments will enhance
                                               Proposed Rule Change                                    credit facility. In calculating the                   oversight of Clearing House liquidity
                                               (a) Purpose                                             investment loss component of liquidity                risk management.
                                                                                                       stress losses in clearing member default                 Certain clarifications are made to
                                                  ICE Clear Europe is proposing to make                scenario, the amendments clarify that                 provisions relating to the annual testing
                                               certain amendments to its Liquidity                     time deposits are assumed to have a                   of the Liquidity Plan. In addition, the
                                               Plan to address changes in its treasury                 100% liquidity loss, similar to other                 amendments also provide that at least
khammond on DSK30JT082PROD with NOTICES




                                               activities and to make certain                          unsecured investments. The                            on an annual basis, the Liquidity Plan
                                               enhancements to liquidity risk stress                   amendments also clarify certain                       will be reviewed by the Executive Risk
                                                                                                       arrangements with respect to cross-                   Committee (instead of the Business
                                                 1 15U.S.C. 78s(b)(1).
                                                 2 17
                                                                                                       currency investment for purposes of                   Control Committee).
                                                     CFR 240.19b–4.
                                                 3 Capitalized terms used but not defined herein       liquidity stress testing. U.S. dollar cash               The appendices have been edited to
                                               have the meanings specified in the ICE Clear            can, in certain circumstances, be                     remove an unnecessary list of risk
                                               Europe Clearing Rules (the ‘‘Rules’’).                  invested through reverse repurchase                   default scenarios.


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                                               56108                        Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

                                               (b) Statutory Basis                                     such, ICE Clear Europe believes that the              IV. Solicitation of Comments
                                                  ICE Clear Europe believes that the                   changes will promote the prompt and
                                                                                                       accurate settlement of securities and                   Interested persons are invited to
                                               proposed rule changes are consistent                                                                          submit written data, views, and
                                               with the requirements of Section 17A of                 derivatives transactions and, in general,
                                                                                                       protect investors and the public interest             arguments concerning the foregoing,
                                               the Act 4 and the regulations thereunder
                                                                                                       within the meaning of Section                         including whether the proposed rule
                                               applicable to it, including the standards
                                                                                                       17A(b)(3)(F) .9 Furthermore, and for                  change is consistent with the Act.
                                               under Rule 17Ad–22.5 Section
                                               17A(b)(3)(F) of the Act 6 requires, among               similar reasons, ICE Clear Europe                     Comments may be submitted by any of
                                               other things, that the rules of a clearing              believes that the amendments are                      the following methods:
                                               agency be designed to promote the                       consistent with the specific liquidity                Electronic Comments
                                               prompt and accurate clearance and                       testing and monitoring requirements of
                                               settlement of securities transactions,                  Rule 17Ad–22(e)(7).10                                   • Use the Commission’s internet
                                               and to the extent applicable, derivative                (B) Clearing Agency’s Statement on                    comment form (http://www.sec.gov/
                                               agreements, contracts and transactions,                 Burden on Competition                                 rules/sro.shtml) or
                                               the safeguarding of securities and funds                                                                        • Send an email to rule-comments@
                                               in the custody or control of the clearing                 ICE Clear Europe does not believe the
                                                                                                                                                             sec.gov. Please include File Number SR–
                                               agency or for which it is responsible,                  proposed amendments would have any
                                                                                                                                                             ICEEU–2018–015 on the subject line.
                                               and the protection of investors and the                 impact, or impose any burden, on
                                               public interest. In addition, Rule 17Ad–                competition not necessary or                          Paper Comments
                                               22(e)(7) 7 requires covered clearing                    appropriate in furtherance of the
                                               agencies to effectively measure, monitor                purposes of the Act. The amendments                     • Send paper comments in triplicate
                                               and manage their liquidity risk,                        are being adopted to enhance the                      to Secretary, Securities and Exchange
                                               including through liquidity stress                      Clearing House’s own liquidity stress                 Commission, 100 F Street NE,
                                               testing.8                                               testing procedures. The amendments are                Washington, DC 20549–1090.
                                                  The proposed amendments to the                       not expected to change the rights or                  All submissions should refer to File
                                               Liquidity Plan are designed to update                   obligations of Clearing Members or the                Number SR–ICEEU–2018–015. This file
                                               and strengthen the clearing house’s                     terms or conditions of any cleared
                                                                                                                                                             number should be included on the
                                               policies and procedures relating to                     contract. In addition, the amendments
                                                                                                                                                             subject line if email is used. To help the
                                               liquidity risk management, in light of                  should not materially affect the cost of
                                                                                                                                                             Commission process and review your
                                               these requirements. In particular, the                  clearing for Clearing Members or other
                                               revised policies will enhance certain                                                                         comments more efficiently, please use
                                                                                                       market participants, and should not
                                               liquidity stress testing scenarios, by                                                                        only one method. The Commission will
                                                                                                       otherwise affect accessing to clearing for
                                               more readily taking into account                        any market participants. As a result, the             post all comments on the Commission’s
                                               relevant changes in treasury service                    amendments should not affect                          internet website (http://www.sec.gov/
                                               providers in AFI failure scenarios and                  competition among Clearing Members                    rules/sro.shtml). Copies of the
                                               addressing the possibility of a CSD                     or other market participants.                         submission, all subsequent
                                               failure through the CSD default                                                                               amendments, all written statements
                                               scenario. The amendments also update                    (C) Clearing Agency’s Statement on                    with respect to the proposed rule
                                               monitoring metrics and standards,                       Comments on the Proposed Rule                         change that are filed with the
                                               including through revised KRPIs. In                     Change Received From Members,                         Commission, and all written
                                               addition, the revisions improve internal                Participants or Others                                communications relating to the
                                               reporting and oversight of liquidity risk                 Written comments relating to the                    proposed rule change between the
                                               management, and specify the                             proposed amendments have not been                     Commission and any person, other than
                                               appropriate governance framework for                    solicited or received by ICE Clear                    those that may be withheld from the
                                               review of liquidity stress testing and                  Europe. ICE Clear Europe will notify the              public in accordance with the
                                               related metrics and parameters, among                   Commission of any comments received                   provisions of 5 U.S.C. 552, will be
                                               other matters. In ICE Clear Europe’s                    with respect to the proposed rule                     available for website viewing and
                                               view, the amendments thereby enhance                    change.                                               printing in the Commission’s Public
                                               the ability of the clearing house to                                                                          Reference Room, 100 F Street NE,
                                               assess potential liquidity events that                  III. Date of Effectiveness of the                     Washington, DC 20549, on official
                                               may affect its ability to conduct                       Proposed Rule Change                                  business days between the hours of 10
                                               settlements for cleared transactions,                     Within 45 days of the date of                       a.m. and 3 p.m. Copies of such filings
                                               which in turn will strengthen its ability               publication of this notice in the Federal             will also be available for inspection and
                                               to manage such events in order to                       Register or within such longer period                 copying at the principal office of ICE
                                               continue clearing house operations. As                  up to 90 days (i) as the Commission may               Clear Europe and on ICE Clear Europe’s
                                                                                                       designate if it finds such longer period              website at https://www.theice.com/
                                                 4 15  U.S.C. 78q–1.
                                                 5 17
                                                                                                       to be appropriate and publishes its                   clear-europe/regulation#rule-filing. All
                                                       CFR 240.17Ad–22.
                                                 6 15 U.S.C. 78q–1(b)(3)(F).
                                                                                                       reasons for so finding or (ii) as to which            comments received will be posted
                                                 7 17 CFR 240.17Ad–22(e)(7).                           the self-regulatory organization                      without change. Persons submitting
                                                 8 Specifically, Rule 17Ad–22(e)(7)(vi) requires       consents, the Commission will:                        comments are cautioned that we do not
                                               that the covered clearing agency:                         (A) By order approve or disapprove                  redact or edit personal identifying
khammond on DSK30JT082PROD with NOTICES




                                                 ‘‘(vi) Determin[e] the amount and regularly           such proposed rule change, or                         information from comment submissions.
                                               testing the sufficiency of the liquid resources held
                                               for purposes of meeting the minimum liquid                (B) institute proceedings to determine              You should submit only information
                                               resource requirement under paragraph (e)(7)(i) of       whether the proposed rule change                      that you wish to make available
                                               this section by, at a minimum:                          should be disapproved.                                publicly. All submissions should refer
                                                 (A) Conducting stress testing of its liquidity                                                              to File Number SR–ICEEU–2018–015
                                               resources at least once each day using standard and
                                               predetermined parameters and assumptions. . . .’’         9 15   U.S.C. 78q–1(b)(3)(F).                       and should be submitted on or before
                                               17 CFR 240.17Ad–22(e)(7).                                 10 17   CFR 240.17Ad–22(e)(7).                      November 30, 2018.


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                                                                              Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                                     56109

                                                 For the Commission, by the Division of                A. Self-Regulatory Organization’s                           Proposed Rule 1101A(g) would add
                                               Trading and Markets, pursuant to delegated              Statement of the Purpose of, and                         an exception and would state that when
                                               authority.11                                            Statutory Basis for, the Proposed Rule                   the primary market for a security
                                                                                                       Change                                                   underlying the current index value of an
                                               Eduardo A. Aleman,                                                                                               index option does not open for trading
                                               Assistant Secretary.                                    1. Purpose
                                                                                                                                                                on a given day which is an expiration
                                               [FR Doc. 2018–24521 Filed 11–8–18; 8:45 am]                The purpose of the proposed rule                      day, for the purposes of calculating the
                                               BILLING CODE 8011–01–P                                  change is to adopt new Exchange Rules                    settlement price at expiration, the last
                                                                                                       1101A(e)(I), 1101A(f) and 1101A(g).                      reported sale price of the security from
                                                                                                       Proposed Rules 1101A(e)(I) and                           the previous trading day shall be used.
                                               SECURITIES AND EXCHANGE                                 1101A(g) would establish the manner of                   Proposed new Rule 1101A(g) would
                                               COMMISSION                                              determining an underlying index                          permit market participants the certainty
                                               [Release No. 34–84536; File No. SR–Phlx–                component security’s price for purposes                  of knowing the settlement value on the
                                               2018–63]                                                of calculating the current index value at                day on which the primary market fails
                                                                                                       expiration of an overlying index option                  to open. Additionally, the provision
                                               Self-Regulatory Organizations; Nasdaq                   when (i) the primary market for that                     would eliminate the potential
                                               PHLX LLC; Notice of Filing and                          security does not open for trading on a                  difficulties that could arise if the
                                               Immediate Effectiveness of Proposed                     given day, and (ii) the Options Clearing                 reporting authority for the index were
                                               Rule Change To Amend Rule 1101A,                        Corporation (‘‘OCC’’) does not exercise                  unwilling or unable to calculate the
                                               Terms of Option Contracts                               its authority to establish the index                     settlement value using prices for the
                                                                                                       option settlement value.3 They also                      relevant security(ies) on the next day
                                               November 5, 2018.
                                                                                                       acknowledge OCC’s authority under its                    that its primary market is open for
                                                  Pursuant to Section 19(b)(1) of the
                                                                                                       own rules and by-laws to establish                       trading.5
                                               Securities Exchange Act of 1934
                                                                                                       settlement prices in certain                                The new rule would also state that
                                               (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                       circumstances. Proposed new Rule                         this procedure shall not be used if the
                                               notice is hereby given that on October
                                                                                                       1101A(f) clarifies an issue relating to the              current index value at expiration is
                                               23, 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or
                                                                                                       level of indexes underlying A.M.-settled                 fixed in accordance with OCC rules and
                                               the ‘‘Exchange’’) filed with the
                                                                                                       index options at expiration.                             by-laws. This language recognizes that
                                               Securities and Exchange Commission
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed                Proposed Rules 1101A(e)(I) and (g)                       OCC is authorized under its rules and
                                               rule change as described in Items I and                                                                          by-laws to take certain actions relating
                                                                                                          Exchange Rule 1101A(e) currently                      to settlement in the event of the
                                               II below, which Items have been                         states that the current index value at the
                                               prepared by the Exchange. The                                                                                    unavailability or inaccuracy of the
                                                                                                       expiration of an A.M.-settled index                      current underlying interest value.6 The
                                               Commission is publishing this notice to                 option shall be determined, for all
                                               solicit comments on the proposed rule                                                                            proposed language makes clear that
                                                                                                       purposes under Exchange rules and                        Rule 1101A(g) would not apply in the
                                               change from interested persons.                         OCC rules, on the last day of trading in                 event that OCC exercises its authority to
                                               I. Self-Regulatory Organization’s                       the underlying securities prior to                       determine settlement prices. Rather, the
                                               Statement of the Terms of Substance of                  expiration, by reference to the reported                 proposed new language would apply
                                               the Proposed Rule Change                                level of such index as derived from first                only when a primary market does not
                                                  The Exchange proposes to amend                       reported sale (opening) prices of the                    open and OCC elects not to exercise its
                                               Exchange Rule 1101A, Terms of Option                    underlying securities on such day,                       authority to intervene and take action to
                                               Contracts.                                              except that in the event that the primary                establish a settlement price. The
                                                  The text of the proposed rule change                 market for an underlying security is                     Exchange would otherwise defer to
                                               is available on the Exchange’s website at               open for trading on that day, but that
                                               http://nasdaqphlx.cchwallstreet.com/,                   particular security does not open for                    options contract is exercised in accordance with
                                               at the principal office of the Exchange,                trading on that day, the price of that                   OCC rules or, if such day is not a business day, for
                                                                                                       security, for the purposes of calculating                the most recent business day. See Phlx Rule
                                               and at the Commission’s Public                                                                                   1101A(d).
                                               Reference Room.                                         the current index value at expiration,                      5 The index calculator for the NDX, MNX and
                                                                                                       shall be the last reported sale price of                 BKX indexes, which are products traded on Nasdaq
                                               II. Self-Regulatory Organization’s                      the security. The Exchange now                           affiliated exchanges, uses the previous day’s closing
                                               Statement of the Purpose of, and                        proposes to add new Rule 1101A(g) to                     price if components of the index do not open.
                                               Statutory Basis for, the Proposed Rule                  deal expressly with cases where the                         6 See OCC By-Laws Article XVII, Section 4(a),

                                               Change                                                  entire primary market for an underlying                  which provides in relevant part that if OCC shall
                                                                                                                                                                determine that the primary market for one or more
                                                  In its filing with the Commission, the               component security is not open on that                   index components did not open or remain open for
                                               Exchange included statements                            day. Rule 1101A(g) would apply to both                   trading (or that any such components did not open
                                               concerning the purpose of and basis for                 A.M.-settled and P.M.-settled index                      or remain open for trading on such market(s)) on
                                                                                                                                                                a trading day at or before the time when the current
                                               the proposed rule change and discussed                  options.4                                                index value for that trading day would ordinarily
                                               any comments it received on the                                                                                  be determined, or that a current index value or
                                               proposed rule change. The text of these                    3 Three of the Exchange’s affiliated options
                                                                                                                                                                other value or price to be used as, or to determine,
                                               statements may be examined at the                       exchanges, Nasdaq ISE, LLC (‘‘ISE’’), The Nasdaq         the exercise settlement amount (a ‘‘required value’’)
                                                                                                       Stock Market LLC (‘‘Nasdaq’’) and Nasdaq BX, Inc.        for a trading day is otherwise unreported,
                                               places specified in Item IV below. The                  (‘‘BX’’), will also be proposing rule changes relating   inaccurate, unreliable, unavailable or inappropriate
khammond on DSK30JT082PROD with NOTICES




                                               Exchange has prepared summaries, set                    to the manner of determining an underlying index         for purposes of calculating the exercise settlement
                                               forth in sections A, B, and C below, of                 component security’s price for purposes of               amount, then, in addition to any other actions that
                                               the most significant aspects of such                    calculating the current index value at expiration of     OCC may be entitled to take under OCC’s bylaws
                                                                                                       an index option under these circumstances. See           and rules, the, OCC is empowered to take any or
                                               statements.                                             SR–NASDAQ–2018–081, SR–BX–2018–049, and                  all of a range of permitted actions with respect to
                                                                                                       SR–ISE–2018–88. The Exchange desires its rules to        any series of options on such index, including
                                                 11 17 CFR 200.30–3(a)(12).                            be aligned with those of the affiliated exchanges.       fixing the exercise settlement amount. Proposed
                                                 1 15 U.S.C. 78s(b)(1).                                   4 P.M.-settled options are settled based upon the     Rule 1101A(g) would apply to both A.M.-settled
                                                 2 17 CFR 240.19b–4.                                   closing index value for the day on which the index       and P.M.-settled index options.



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Document Created: 2018-11-09 03:34:11
Document Modified: 2018-11-09 03:34:11
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 56107 

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