83_FR_8175 83 FR 8138 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to a New F&O Concentration Charge Policy

83 FR 8138 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to a New F&O Concentration Charge Policy

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 37 (February 23, 2018)

Page Range8138-8140
FR Document2018-03691

Federal Register, Volume 83 Issue 37 (Friday, February 23, 2018)
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8138-8140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03691]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82729; File No. SR-ICEEU-2018-004]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating to a New F&O Concentration Charge Policy

February 16, 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 February 8, 2018, ICE Clear Europe Limited (``ICE Clear Europe'' or 
the ``Clearing House'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule changes described in 
Items I, II, and III below, which Items have been prepared primarily by 
ICE Clear Europe. ICE Clear Europe filed the proposed rule changes 
pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(4)(ii) 
thereunder,\4\ so that the proposal was immediately effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    ICE Clear Europe proposes to implement a new F&O Concentration 
Charge Policy (the ``Policy''), which will replace separate existing 
concentration charge policies for its energy and its financials and 
softs products.

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

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

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

(a) Purpose
    ICE Clear Europe proposes to adopt the Policy, which will implement 
a new concentration charge margin model that will apply to all F&O 
Contracts, in both the energy and financials and softs (``F&S'') 
sectors. ICEU currently uses two separate concentration charge models: 
One for energy products and one for F&S products. The existing 
concentration models and their associated policies will be retired upon 
implementation of the Policy. The concentration charge model is 
designed to provide the Clearing House with extra margin to cover the 
potential additional default costs where liquidation of a defaulter's 
positions may be delayed or prolonged due to highly concentrated 
positions within the defaulter's portfolio.
    The new Policy is largely based on the existing concentration 
charge model applicable to F&S products, and as a result it is expected 
only marginally to impact margin for F&S products. The new Policy adds 
a few enhancements to the existing F&S model. Specifically, certain 
technical detail from the F&S model will be enhanced such that the 
concentration charge will no longer be calculated as a multiple of 
total SPAN initial margin, but instead as a multiple of individual 
margin component (i.e., outright or the scanning risk and the inter-
month risk) summed together.
    The new Policy marks a more significant methodology change for 
energy products, and may more significantly increase concentration 
charges for those products. The existing energy concentration charge 
model is based on the percentage share of each clearing member's 
initial margin to the total clearing house initial margin, while the 
new Policy (like the existing F&S policy) is based on the clearing 
member's position relative to the perceived level of market depth as 
represented by the daily trading volume in the relevant products. ICE 
Clear Europe believes that the new Policy will provide a more robust 
approach to measuring concentration risk, based on expected cost and 
time of liquidation, and to imposing additional margin charges as a 
result.

[[Page 8139]]

    The Policy itself sets out the key steps and procedures for 
calculating the concentration charge for F&O contracts. Calculations 
are made for each underlying commodity and each relevant expiration 
period. The Policy operates by scaling the initial margin requirement 
upward by extending the holding or liquidation period beyond the margin 
period of risk used in the standard margin calculation, to account for 
the longer time it is expected to take the Clearing House to liquidate 
the positions in light of the average daily trading volume in the 
product. The concentration charge is thus designed to reflect the 
portion of the defaulter's position expected to be remaining after the 
margin period of risk. The Policy uses a concentration charge scaling 
formula that takes into account these considerations. The final 
concentration charge takes into account both an outright position 
scanning range calculation and an intermonth (calendar spread) position 
calculation.
    The Policy sets out additional operational steps related to 
determining concentration charges, including weekly calculations and 
reports to members regarding their concentration charge percentages per 
underlying, per Clearing Member and on an account level. Additional 
detail can be provided to Clearing Members upon request. Parameters for 
the model are reviewed on an ongoing basis in conjunction with the 
charge calculation cycle and through a quarterly formal review of all 
parameters, where the latest market statistics are used to assess their 
adequacy.
    The Policy also incorporates an overall Board risk appetite and 
limit framework, which is consistent with other ICE Clear Europe 
policies, based on ICE Clear Europe's corporate objectives and risk 
objectives as established by the Board. The Policy also addresses 
governance and reporting, including independent validation, policy 
review and exception handling. Relevant models used to support the 
Policy are subject to an annual independent validation and governance 
oversight. The Policy addresses review and oversight by the policy 
owner, as well as escalation and notification protocols. The Policy 
will be reviewed by the F&O Risk Committee and Board at least annually. 
At a minimum, any material changes will be discussed by the ICE Clear 
Europe executive risk committee and approved by the Board (on the 
advice of the F&O Risk Committee and Board Risk Committee). Material 
deviations are reported to the ICE Clear Europe President and the risk 
oversight department to determine the appropriate governance escalation 
and notification requirements.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments are 
consistent with the requirements of Section 17A of the Act \5\ and the 
regulations thereunder applicable to it, including the standards under 
Rule 17Ad-22.\6\ Section 17A(b)(3)(F) of the Act \7\ 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. 
The new Policy is designed to enhance the Clearing House's margin 
model, by providing a more robust analysis of concentration risk that 
may be caused by clearing member positions that cannot be liquidated 
within the standard margin period of risk, and to provide for 
additional initial margin resources to cover that risk. The Policy will 
thus better align clearing member margin requirements with the 
concentration risks presented by such members. As such, the Policy will 
facilitate the prompt and accurate clearance and settlement of 
transactions, and protect the Clearing House against the risk of 
default, which will in turn enhance the protection of investors and the 
public interest, within the meaning of Section 17A(b)(3)(F).
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    \5\ 15 U.S.C. 78q-1.
    \6\ 17 CFR 240.17Ad-22.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    In addition, Rule 17Ad-22(e)(6) \8\ requires that a clearing agency 
cover its credit exposures to its participants by establishing a risk-
based margin system that, among other matters, produces margin levels 
commensurate with, the risks and particular attributes of each relevant 
product, portfolio, and market; and calculates margin sufficient to 
cover its potential future exposure to participants in the interval 
between the last margin collection and the close out of positions 
following a participant default. As noted above, the new Policy is 
designed to enhance the Clearing House's ability to set additional 
margin requirements that reflect the concentration risk of particular 
Clearing Member portfolios, and thereby to hold sufficient margin to 
cover the additional liquidation risk inherent in those portfolios. The 
Policy sets appropriately conservative concentration limits that will 
bring concentration charges for energy products into alignment with 
other F&O products. The Policy is thus consistent with the requirements 
of Rule 17Ad-22(e)(6).
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    \8\ 17 CFR 240.17Ad-22(e)(6).
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    Rule 17Ad-22(e)(6)(vii) \9\ further requires that each covered 
clearing agency establish written policies and procedures that provide 
for a model validation for the covered clearing agency's margin system 
and related models to be performed not less than annually, or more 
frequently as may be contemplated by the covered clearing agency's risk 
management framework. As set forth above, the models underlying the 
Policy are subject to an annual independent validation. The Policy 
itself is subject to review by the F&O Risk Committee and Board at 
least annually. The Model parameters used to determine concentration 
limits are reviewed on an ongoing basis and there is also a quarterly 
formal review of all the parameters, where the latest market statistics 
are used to assess their adequacy. These procedures are consistent with 
Rule 17Ad-22(e)(6)(vii).
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    \9\ 17 CFR 240.17Ad-22(e)(6)(vii).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule changes would 
have any impact, or impose any burden, on competition not necessary or 
appropriate in furtherance of the purposes of the Act. The changes are 
being proposed in order to more appropriately manage concentration 
risks in the portfolios of Clearing Members, and ensure that ICE Clear 
Europe imposes sufficient concentration charges to cover the potential 
liquidation risks arising from concentrated portfolios. The revised 
approach may result in increased concentration charges for F&O Clearing 
Member, particularly those with concentrated energy portfolios, and so 
may increase the cost of clearing for those Clearing Members. However, 
ICE Clear Europe believes that any such additional cost is appropriate 
to take into account the concentration risk posed to the Clearing House 
by such Clearing Members, consistent with the provisions of the Act and 
Commission regulations relating to margin requirements and 
methodologies as discussed above. The Policy will apply to all F&O 
Clearing Members, and such Clearing Members will be able to manage 
their positions to limit potential concentration charges if they so 
choose. ICE Clear Europe does not believe that

[[Page 8140]]

the revised Policy will otherwise impact competition among Clearing 
Members or other market participants, or affect the ability of market 
participants to access clearing generally. As a result, ICE Clear 
Europe believes that any impact on competition is appropriate in 
furtherance of the purposes of the Act.

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

    Written comments relating to the proposed changes to the rules have 
not been solicited or received. ICE Clear Europe will notify the 
Commission of any written comments received by ICE Clear Europe.

III. Date of Effectiveness of the Proposed Rule Change

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \10\ and paragraph (f) of Rule 19b-4 \11\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-ICEEU-2018-004 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-2018-004. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of such filings will also be available for inspection 
and copying at the principal office of ICE Clear Europe and on ICE 
Clear Europe's website at https://www.theice.com/clear-europe/regulation#rule-filings.
    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-2018-004 and should be 
submitted on or before March 16, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo Aleman,
Assistant Secretary.
[FR Doc. 2018-03691 Filed 2-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               8138                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               public interest, for the protection of                  SR–CboeEDGX–2018–007 and should be                    statements may be examined at the
                                               investors, or otherwise in furtherance of               submitted on or before March 16, 2018.                places specified in Item IV below. ICE
                                               the purposes of the Act. If the                           For the Commission, by the Division of              Clear Europe has prepared summaries,
                                               Commission takes such action, the                       Trading and Markets, pursuant to delegated            set forth in sections (A), (B), and (C)
                                               Commission shall institute proceedings                  authority.24                                          below, of the most significant aspects of
                                               to determine whether the proposed rule                  Eduardo A. Aleman,                                    such statements.
                                               should be approved or disapproved.                      Assistant Secretary.                                  (A) Clearing Agency’s Statement of the
                                               IV. Solicitation of Comments                            [FR Doc. 2018–03699 Filed 2–22–18; 8:45 am]           Purpose of, and Statutory Basis for, the
                                                 Interested persons are invited to                     BILLING CODE 8011–01–P                                Proposed Rule Change
                                               submit written data, views and                                                                                (a) Purpose
                                               arguments concerning the foregoing,
                                               including whether the proposal is                       SECURITIES AND EXCHANGE                                  ICE Clear Europe proposes to adopt
                                               consistent with the Act. Comments may                   COMMISSION                                            the Policy, which will implement a new
                                               be submitted by any of the following                    [Release No. 34–82729; File No. SR–ICEEU–             concentration charge margin model that
                                               methods:                                                2018–004]                                             will apply to all F&O Contracts, in both
                                                                                                                                                             the energy and financials and softs
                                               Electronic Comments                                     Self-Regulatory Organizations; ICE                    (‘‘F&S’’) sectors. ICEU currently uses
                                                  • Use the Commission’s internet                      Clear Europe Limited; Notice of Filing                two separate concentration charge
                                               comment form (http://www.sec.gov/                       and Immediate Effectiveness of a                      models: One for energy products and
                                               rules/sro.shtml); or                                    Proposed Rule Change Relating to a                    one for F&S products. The existing
                                                  • Send an email to rule-comments@                    New F&O Concentration Charge Policy                   concentration models and their
                                               sec.gov. Please include File No. SR–                                                                          associated policies will be retired upon
                                               CboeEDGX–2018–007 on the subject                        February 16, 2018.
                                                                                                          Pursuant to Section 19(b)(1) of the                implementation of the Policy. The
                                               line.                                                                                                         concentration charge model is designed
                                                                                                       Securities Exchange Act of 1934
                                               Paper Comments                                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2               to provide the Clearing House with extra
                                                                                                                                                             margin to cover the potential additional
                                                  • Send paper comments in triplicate                  notice is hereby given that on February
                                                                                                       8, 2018, ICE Clear Europe Limited (‘‘ICE              default costs where liquidation of a
                                               to Secretary, Securities and Exchange
                                                                                                       Clear Europe’’ or the ‘‘Clearing House’’)             defaulter’s positions may be delayed or
                                               Commission, 100 F Street NE,
                                                                                                       filed with the Securities and Exchange                prolonged due to highly concentrated
                                               Washington, DC 20549–1090.
                                                                                                       Commission (‘‘Commission’’) the                       positions within the defaulter’s
                                               All submissions should refer to File No.                                                                      portfolio.
                                               SR–CboeEDGX–2018–007. This file                         proposed rule changes described in
                                               number should be included on the                        Items I, II, and III below, which Items                  The new Policy is largely based on the
                                               subject line if email is used. To help the              have been prepared primarily by ICE                   existing concentration charge model
                                               Commission process and review your                      Clear Europe. ICE Clear Europe filed the              applicable to F&S products, and as a
                                               comments more efficiently, please use                   proposed rule changes pursuant to                     result it is expected only marginally to
                                               only one method. The Commission will                    Section 19(b)(3)(A) of the Act,3 and Rule             impact margin for F&S products. The
                                               post all comments on the Commission’s                   19b–4(f)(4)(ii) thereunder,4 so that the              new Policy adds a few enhancements to
                                               internet website (http://www.sec.gov/                   proposal was immediately effective                    the existing F&S model. Specifically,
                                               rules/sro.shtml). Copies of the                         upon filing with the Commission. The                  certain technical detail from the F&S
                                               submission, all subsequent                              Commission is publishing this notice to               model will be enhanced such that the
                                               amendments, all written statements                      solicit comments on the proposed rule                 concentration charge will no longer be
                                               with respect to the proposed rule                       change from interested persons.                       calculated as a multiple of total SPAN
                                               change that are filed with the                                                                                initial margin, but instead as a multiple
                                                                                                       I. Clearing Agency’s Statement of the                 of individual margin component (i.e.,
                                               Commission, and all written                             Terms of Substance of the Proposed
                                               communications relating to the                                                                                outright or the scanning risk and the
                                                                                                       Rule Change                                           inter-month risk) summed together.
                                               proposed rule change between the
                                               Commission and any person, other than                      ICE Clear Europe proposes to                          The new Policy marks a more
                                               those that may be withheld from the                     implement a new F&O Concentration                     significant methodology change for
                                               public in accordance with the                           Charge Policy (the ‘‘Policy’’), which will            energy products, and may more
                                               provisions of 5 U.S.C. 552, will be                     replace separate existing concentration               significantly increase concentration
                                               available for website viewing and                       charge policies for its energy and its                charges for those products. The existing
                                               printing in the Commission’s Public                     financials and softs products.                        energy concentration charge model is
                                               Reference Room, 100 F Street NE,                        II. Clearing Agency’s Statement of the                based on the percentage share of each
                                               Washington, DC 20549, on official                       Purpose of, and Statutory Basis for, the              clearing member’s initial margin to the
                                               business days between the hours of                      Proposed Rule Change                                  total clearing house initial margin,
                                               10:00 a.m. and 3:00 p.m. Copies of such                                                                       while the new Policy (like the existing
                                                                                                          In its filing with the Commission, ICE
                                               filing will also be available for                                                                             F&S policy) is based on the clearing
                                                                                                       Clear Europe included statements
                                               inspection and copying at the principal                                                                       member’s position relative to the
                                                                                                       concerning the purpose of and basis for
                                               office of the Exchange. All comments                                                                          perceived level of market depth as
                                                                                                       the proposed rule change and discussed
                                               received will be posted without change.                                                                       represented by the daily trading volume
                                                                                                       any comments it received on the
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                                               Persons submitting comments are                                                                               in the relevant products. ICE Clear
                                                                                                       proposed rule change. The text of these
                                               cautioned that we do not redact or edit                                                                       Europe believes that the new Policy will
                                               personal identifying information from                     24 17 CFR 200.30–3(a)(12).
                                                                                                                                                             provide a more robust approach to
                                               comment submissions. You should                           1 15 U.S.C. 78s(b)(1).                              measuring concentration risk, based on
                                               submit only information that you wish                     2 17 CFR 240.19b–4.                                 expected cost and time of liquidation,
                                               to make available publicly. All                           3 15 U.S.C. 78s(b)(3)(A).                           and to imposing additional margin
                                               submissions should refer to File No.                      4 17 CFR 240.19b–4(f)(4)(ii).                       charges as a result.


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                                                                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                               8139

                                                  The Policy itself sets out the key steps             department to determine the                           portfolios. The Policy sets appropriately
                                               and procedures for calculating the                      appropriate governance escalation and                 conservative concentration limits that
                                               concentration charge for F&O contracts.                 notification requirements.                            will bring concentration charges for
                                               Calculations are made for each                                                                                energy products into alignment with
                                                                                                       (b) Statutory Basis
                                               underlying commodity and each                                                                                 other F&O products. The Policy is thus
                                               relevant expiration period. The Policy                     ICE Clear Europe believes that the                 consistent with the requirements of Rule
                                               operates by scaling the initial margin                  proposed amendments are consistent                    17Ad–22(e)(6).
                                               requirement upward by extending the                     with the requirements of Section 17A of                  Rule 17Ad–22(e)(6)(vii) 9 further
                                               holding or liquidation period beyond                    the Act 5 and the regulations thereunder              requires that each covered clearing
                                               the margin period of risk used in the                   applicable to it, including the standards             agency establish written policies and
                                               standard margin calculation, to account                 under Rule 17Ad–22.6 Section                          procedures that provide for a model
                                               for the longer time it is expected to take              17A(b)(3)(F) of the Act 7 requires, among             validation for the covered clearing
                                               the Clearing House to liquidate the                     other things, that the rules of a clearing            agency’s margin system and related
                                               positions in light of the average daily                 agency be designed to promote the                     models to be performed not less than
                                               trading volume in the product. The                      prompt and accurate clearance and                     annually, or more frequently as may be
                                               concentration charge is thus designed to                settlement of securities transactions                 contemplated by the covered clearing
                                               reflect the portion of the defaulter’s                  and, to the extent applicable, derivative             agency’s risk management framework.
                                               position expected to be remaining after                 agreements, contracts, and transactions,              As set forth above, the models
                                               the margin period of risk. The Policy                   the safeguarding of securities and funds              underlying the Policy are subject to an
                                               uses a concentration charge scaling                     in the custody or control of the clearing             annual independent validation. The
                                               formula that takes into account these                   agency or for which it is responsible,                Policy itself is subject to review by the
                                               considerations. The final concentration                 and the protection of investors and the               F&O Risk Committee and Board at least
                                               charge takes into account both an                       public interest. The new Policy is                    annually. The Model parameters used to
                                               outright position scanning range                        designed to enhance the Clearing                      determine concentration limits are
                                               calculation and an intermonth (calendar                 House’s margin model, by providing a                  reviewed on an ongoing basis and there
                                               spread) position calculation.                           more robust analysis of concentration                 is also a quarterly formal review of all
                                                  The Policy sets out additional                       risk that may be caused by clearing                   the parameters, where the latest market
                                               operational steps related to determining                member positions that cannot be                       statistics are used to assess their
                                               concentration charges, including weekly                 liquidated within the standard margin                 adequacy. These procedures are
                                               calculations and reports to members                     period of risk, and to provide for                    consistent with Rule 17Ad–22(e)(6)(vii).
                                               regarding their concentration charge                    additional initial margin resources to
                                                                                                                                                             (B) Clearing Agency’s Statement on
                                               percentages per underlying, per Clearing                cover that risk. The Policy will thus
                                                                                                                                                             Burden on Competition
                                               Member and on an account level.                         better align clearing member margin
                                               Additional detail can be provided to                    requirements with the concentration                      ICE Clear Europe does not believe the
                                               Clearing Members upon request.                          risks presented by such members. As                   proposed rule changes would have any
                                               Parameters for the model are reviewed                   such, the Policy will facilitate the                  impact, or impose any burden, on
                                               on an ongoing basis in conjunction with                 prompt and accurate clearance and                     competition not necessary or
                                               the charge calculation cycle and through                settlement of transactions, and protect               appropriate in furtherance of the
                                               a quarterly formal review of all                        the Clearing House against the risk of                purposes of the Act. The changes are
                                               parameters, where the latest market                     default, which will in turn enhance the               being proposed in order to more
                                               statistics are used to assess their                     protection of investors and the public                appropriately manage concentration
                                               adequacy.                                               interest, within the meaning of Section               risks in the portfolios of Clearing
                                                  The Policy also incorporates an                      17A(b)(3)(F).                                         Members, and ensure that ICE Clear
                                               overall Board risk appetite and limit                      In addition, Rule 17Ad–22(e)(6) 8                  Europe imposes sufficient concentration
                                               framework, which is consistent with                     requires that a clearing agency cover its             charges to cover the potential
                                               other ICE Clear Europe policies, based                  credit exposures to its participants by               liquidation risks arising from
                                               on ICE Clear Europe’s corporate                         establishing a risk-based margin system               concentrated portfolios. The revised
                                               objectives and risk objectives as                       that, among other matters, produces                   approach may result in increased
                                               established by the Board. The Policy                    margin levels commensurate with, the                  concentration charges for F&O Clearing
                                               also addresses governance and                           risks and particular attributes of each               Member, particularly those with
                                               reporting, including independent                        relevant product, portfolio, and market;              concentrated energy portfolios, and so
                                               validation, policy review and exception                 and calculates margin sufficient to cover             may increase the cost of clearing for
                                               handling. Relevant models used to                       its potential future exposure to                      those Clearing Members. However, ICE
                                               support the Policy are subject to an                    participants in the interval between the              Clear Europe believes that any such
                                               annual independent validation and                       last margin collection and the close out              additional cost is appropriate to take
                                               governance oversight. The Policy                        of positions following a participant                  into account the concentration risk
                                               addresses review and oversight by the                   default. As noted above, the new Policy               posed to the Clearing House by such
                                               policy owner, as well as escalation and                 is designed to enhance the Clearing                   Clearing Members, consistent with the
                                               notification protocols. The Policy will                 House’s ability to set additional margin              provisions of the Act and Commission
                                               be reviewed by the F&O Risk Committee                   requirements that reflect the                         regulations relating to margin
                                               and Board at least annually. At a                       concentration risk of particular Clearing             requirements and methodologies as
                                               minimum, any material changes will be                   Member portfolios, and thereby to hold                discussed above. The Policy will apply
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                                               discussed by the ICE Clear Europe                       sufficient margin to cover the additional             to all F&O Clearing Members, and such
                                               executive risk committee and approved                   liquidation risk inherent in those                    Clearing Members will be able to
                                               by the Board (on the advice of the F&O                                                                        manage their positions to limit potential
                                               Risk Committee and Board Risk                             5 15 U.S.C. 78q–1.                                  concentration charges if they so choose.
                                               Committee). Material deviations are                       6 17 CFR 240.17Ad–22.                               ICE Clear Europe does not believe that
                                               reported to the ICE Clear Europe                          7 15 U.S.C. 78q–1(b)(3)(F).

                                               President and the risk oversight                          8 17 CFR 240.17Ad–22(e)(6).                           9 17   CFR 240.17Ad–22(e)(6)(vii).



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                                               8140                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               the revised Policy will otherwise impact                   rules/sro.shtml). Copies of the                       notice is hereby given that, on February
                                               competition among Clearing Members                         submission, all subsequent                            6, 2018, New York Stock Exchange LLC
                                               or other market participants, or affect                    amendments, all written statements                    (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
                                               the ability of market participants to                      with respect to the proposed rule                     the Securities and Exchange
                                               access clearing generally. As a result,                    change that are filed with the                        Commission (the ‘‘Commission’’) the
                                               ICE Clear Europe believes that any                         Commission, and all written                           proposed rule change as described in
                                               impact on competition is appropriate in                    communications relating to the                        Items I, II, and III below, which Items
                                               furtherance of the purposes of the Act.                    proposed rule change between the                      have been prepared by the self-
                                                                                                          Commission and any person, other than                 regulatory organization. The
                                               (C) Clearing Agency’s Statement on                         those that may be withheld from the                   Commission is publishing this notice to
                                               Comments on the Proposed Rule                              public in accordance with the                         solicit comments on the proposed rule
                                               Change Received From Members,                              provisions of 5 U.S.C. 552, will be                   change from interested persons.
                                               Participants or Others                                     available for website viewing and
                                                 Written comments relating to the                         printing in the Commission’s Public                   I. Self-Regulatory Organization’s
                                               proposed changes to the rules have not                     Reference Room, 100 F Street NE,                      Statement of the Terms of Substance of
                                               been solicited or received. ICE Clear                      Washington, DC 20549, on official                     the Proposed Rule Change
                                               Europe will notify the Commission of                       business days between the hours of                       The Exchange proposes to amend
                                               any written comments received by ICE                       10:00 a.m. and 3:00 p.m. Copies of such               Section 902.11 of the Exchange’s Listed
                                               Clear Europe.                                              filings will also be available for                    Company Manual (the ‘‘Manual’’) to
                                                                                                          inspection and copying at the principal               provide that Acquisition Companies
                                               III. Date of Effectiveness of the                          office of ICE Clear Europe and on ICE
                                               Proposed Rule Change                                                                                             remaining listed after consummation of
                                                                                                          Clear Europe’s website at https://                    their Business Combination will not be
                                                  The foregoing rule change has become                    www.theice.com/clear-europe/                          required to pay listing fees in relation to
                                               effective pursuant to Section 19(b)(3)(A)                  regulation#rule-filings.                              any additional shares issued in
                                               of the Act 10 and paragraph (f) of Rule                       All comments received will be posted               connection with the consummation of
                                               19b–4 11 thereunder. At any time within                    without change. Persons submitting                    the Business Combination. The
                                               60 days of the filing of the proposed rule                 comments are cautioned that we do not                 proposed rule change is available on the
                                               change, the Commission summarily may                       redact or edit personal identifying                   Exchange’s website at www.nyse.com, at
                                               temporarily suspend such rule change if                    information from comment submissions.                 the principal office of the Exchange, and
                                               it appears to the Commission that such                     You should submit only information                    at the Commission’s Public Reference
                                               action is necessary or appropriate in the                  that you wish to make available                       Room.
                                               public interest, for the protection of                     publicly. All submissions should refer
                                               investors, or otherwise in furtherance of                  to File Number SR–ICEEU–2018–004                      II. Self-Regulatory Organization’s
                                               the purposes of the Act.                                   and should be submitted on or before                  Statement of the Purpose of, and
                                                                                                          March 16, 2018.                                       Statutory Basis for, the Proposed Rule
                                               IV. Solicitation of Comments                                                                                     Change
                                                                                                            For the Commission, by the Division of
                                                 Interested persons are invited to                        Trading and Markets, pursuant to delegated              In its filing with the Commission, the
                                               submit written data, views, and                            authority.12                                          self-regulatory organization included
                                               arguments concerning the foregoing,                        Eduardo Aleman,                                       statements concerning the purpose of,
                                               including whether the proposed rule                        Assistant Secretary.                                  and basis for, the proposed rule change
                                               change is consistent with the Act.                         [FR Doc. 2018–03691 Filed 2–22–18; 8:45 am]           and discussed any comments it received
                                               Comments may be submitted by any of                                                                              on the proposed rule change. The text
                                                                                                          BILLING CODE 8011–01–P
                                               the following methods:                                                                                           of those statements may be examined at
                                               Electronic Comments                                                                                              the places specified in Item IV below.
                                                                                                          SECURITIES AND EXCHANGE                               The Exchange has prepared summaries,
                                                 • Use the Commission’s internet                                                                                set forth in sections A, B, and C below,
                                                                                                          COMMISSION
                                               comment form (http://www.sec.gov/                                                                                of the most significant parts of such
                                               rules/sro.shtml) or                                        [Release No. 34–82731; File No. SR–NYSE–
                                                                                                                                                                statements.
                                                 • Send an email to rule-comments@                        2018–06]
                                               sec.gov. Please include File Number SR–                                                                          A. Self-Regulatory Organization’s
                                               ICEEU–2018–004 on the subject line.                        Self-Regulatory Organizations; New                    Statement of the Purpose of, and the
                                                                                                          York Stock Exchange LLC; Notice of                    Statutory Basis for, the Proposed Rule
                                               Paper Comments                                             Filing and Immediate Effectiveness of                 Change
                                                 • Send paper comments in triplicate                      Proposed Rule Change To Amend
                                               to Secretary, Securities and Exchange                      Section 902.11 of the Exchange’s                      1. Purpose
                                               Commission, 100 F Street NE,                               Listed Company Manual Concerning                         Section 102.06 of the Manual
                                               Washington, DC 20549–1090.                                 Fees Applicable to Acquisition                        provides for the listing of companies
                                               All submissions should refer to File                       Companies for Shares Issued in                        (‘‘Acquisition Companies’’ or ‘‘ACs’’)
                                               Number SR–ICEEU–2018–004. This file                        Connection With the Consummation of                   with no prior operating history that
                                               number should be included on the                           a Business Combination                                conduct an initial public offering of
                                               subject line if email is used. To help the                 February 16, 2018.                                    which at least 90% of the proceeds,
                                               Commission process and review your                            Pursuant to Section 19(b)(1) 1 of the              together with the proceeds of any other
daltland on DSKBBV9HB2PROD with NOTICES




                                               comments more efficiently, please use                      Securities Exchange Act of 1934 (the                  concurrent sales of the AC’s equity
                                               only one method. The Commission will                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                securities, will be held in a trust
                                               post all comments on the Commission’s                                                                            account controlled by an independent
                                               internet website (http://www.sec.gov/                        12 17 CFR 200.30–3(a)(12).                          custodian until consummation of a
                                                                                                            1 15 U.S.C. 78s(b)(1).                              business combination in the form of a
                                                 10 15   U.S.C. 78s(b)(3)(A).                               2 15 U.S.C. 78a.                                    merger, capital stock exchange, asset
                                                 11 17   CFR 240.19b–4(f).                                  3 17 CFR 240.19b–4.                                 acquisition, stock purchase,


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Document Created: 2018-02-23 01:32:42
Document Modified: 2018-02-23 01:32:42
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 8138 

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