Self-Regulatory Organizations; LCH SA; Order Approving Proposed Rule Change Relating to Recovery Risk Margin, 26728-26729 [2017-11864]
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices
designates the proposal operative upon
filing.18
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
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:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
MIAX–2017–25 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–MIAX–2017–25. 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 Web site (https://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 Web site 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 the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–MIAX–
2017–25 and should be submitted on or
before June 29, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–11869 Filed 6–7–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80848; File No. SR–LCH
SA–2017–003]
Self-Regulatory Organizations; LCH
SA; Order Approving Proposed Rule
Change Relating to Recovery Risk
Margin
June 2, 2017.
I. Introduction
On April 4, 2017, Banque Centrale de
Compensation, which conducts
business under the name LCH SA (‘‘LCH
SA’’), filed with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
proposed rule change (SR–LCH SA–
2017–003) to revise its margin
methodology with respect to credit
default swaps (‘‘CDS’’) in the Reference
Guide: CDS Margin Framework
(‘‘Reference Guide’’). The proposed rule
change was published for comment in
the Federal Register on April 19, 2017.3
The Commission received no comment
letters regarding the proposed change.
For the reasons discussed below, the
Commission is approving the proposed
rule change.
II. Description of the Proposed Rule
Change
The proposed rule change seeks to
amend the Reference Guide by
19 17
18 For
purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
VerDate Sep<11>2014
17:24 Jun 07, 2017
Jkt 241001
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Securities Exchange Act Release No. 34–80450
(April 13, 2017), 82 FR 18488 (April 19, 2017) (SR–
LCH SA–2017–003) (the ‘‘Notice’’).
1 15
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
eliminating the recovery rate risk charge
as a component of the margin
methodology, as it applies to index CDS.
LCH SA, however, does not propose to
alter the recovery rate risk charge as a
component of the margin methodology,
as it applies to single name CDS. The
proposed rule change also seeks to make
minor updates and clarifications to the
Reference Guide.4
With respect to the portion of the
proposed rule change that eliminates
the recovery rate risk charge as a margin
component for index CDS positions,
LCH SA believes that recovery rate risk
is irrelevant to index CDS in normal
market conditions and it therefore
should not need to charge margin to
address it. In support, LCH SA
represents that ‘‘[the] market convention
is to assume a pre-defined recovery rate
for pricing an index CDS, such as a CDS
on iTraxx indices.’’ 5 Therefore,
according to LCH SA, there is no need
to charge margin for an adverse recovery
rate movement for an index CDS
position because, pursuant to market
convention for pricing an index CDS in
normal market conditions, the rate will
not move. Moreover, LCH SA
characterizes any drop in the recovery
rate for index CDS as a stress loss, and
states that applying a margin charge to
address this risk ‘‘would be trying to
capture a stress loss incurred in a
Clearing Member’s portfolio should the
pre-defined recovery rate for these index
CDS change, which is not consistent
with market convention in normal
market conditions.’’ 6 Furthermore,
while LCH SA does expect deviations
from this market convention in extreme
market conditions, LCH SA believes that
these deviations—and any resultant
recovery rate risk on the affected index
CDS positions—should not be addressed
through its margin framework but rather
‘‘would be captured by LCH SA’s stress
scenarios used to size the Default
Fund.’’ 7 Therefore, LCH SA maintains
that elimination of recovery rate risk
charge from its margin framework is
appropriate and consistent with
applicable provisions of the Exchange
Act and Commission Rules promulgated
thereunder.
4 LCH SA has proposed changes to the Reference
Guide to (i) correct a hyperlink and (ii) add a cross
reference and hyperlink to the general inputs
considered by LCH SA in constructing the CDS
pricing for European and U.S. dollar denominated
contracts. See Notice, 82 FR at 18489.
5 Id.
6 Id.
7 Id.
E:\FR\FM\08JNN1.SGM
08JNN1
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices
III. Discussion and Commission
Findings
Section 19(b)(2)(C) of the Act directs
the Commission to approve a proposed
rule change of a self-regulatory
organization if it finds that such
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to such organization.8
Section 17A(b)(3)(F) of the Act
requires,9 among other things, that the
rules of a registered clearing agency be
designed to assure the safeguarding of
securities and funds which are in the
custody or control of the clearing agency
or for which it is responsible. Rule
17Ad–22(b)(2) requires that a registered
clearing agency that performs central
counterparty services shall establish,
implement, maintain, and enforce
written policies and procedures
reasonably designed to use margin
requirements to limit its credit
exposures to participants under normal
market conditions.10 Rule 17Ad–
22(e)(6) requires that a covered clearing
agency 11 shall establish, implement,
maintain, and enforce written policies
and procedures reasonably designed to
cover its credit exposures to its
participants by establishing a risk-based
margin system that, at a minimum,
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 and uses
an appropriate method for measuring
credit exposure that accounts for
relevant product risk factors and
portfolio effects across products.12 Rule
17Ad–22(e)(1) requires that a covered
clearing agency shall establish,
implement, maintain, and enforce
written policies and procedures
reasonably designed to provide for a
well-founded, clear, transparent, and
enforceable legal basis for each aspect of
its activities in all relevant
jurisdictions.13
The Commission finds that the
proposed rule change is consistent with
Section 17A of the Act and Rule 17Ad–
22 thereunder. In particular, the
Commission finds that the elimination
of recovery rate risk charges is
consistent with market convention for
pricing index CDS, as represented by
LCH SA and discussed above. Moreover,
the Commission notes that the
8 15
U.S.C. 78s(b)(2)(C).
U.S.C. 78q–1(b)(3)(F).
10 17 CFR 240.17Ad–22(b)(2).
11 See 17 CFR 240.17Ad–22(a)(5) (defining
‘‘covered clearing agency’’).
12 See 17 CFR 240.17Ad–22(e)(6)(iii), (e)(6)(v).
1317 CFR 240.17Ad–22(e)(1).
9 15
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Jkt 241001
elimination of this component of LCH
SA’s margin is expected to have only a
minor impact on the total amount of
margin LCH SA collects with respect to
index CDS. Furthermore, the
Commission notes that LCH SA will
continue to consider and address
recovery rate risk on index CDS in its
stress scenarios used to size its default
fund. Based on these findings and
considerations, the Commission
believes that the proposed rule change
is reasonably designed to use margin
requirements to limit its credit
exposures to participants under normal
market conditions, calculate 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 and use an
appropriate method for measuring credit
exposure that accounts for relevant
product risk factors and portfolio effects
across products, consistent with Section
17A(b)(3)(F) of the Exchange Act,14 and
Rules 17Ad–22(b)(2), (e)(6)(iii), and
(e)(6)(v) thereunder.15
With respect to the portion of the
proposed rule change that revises the
Reference Guide to (i) correct a
hyperlink and (ii) add a cross reference
and hyperlink to the general inputs
considered by LCH SA in constructing
the CDS pricing for European and U.S.
dollar denominated contracts, the
Commission believes that correcting an
erroneous hyperlink and providing an
additional cross-reference and hyperlink
would make the Reference Guide more
clear to those who use it, consistent
with Rule 17Ad–22(e)(1).16
IV. Conclusion
It is therefore ordered pursuant to
Section 19(b)(2) of the Act that the
proposed rule change (SR–LCH SA–
2017–003) be, and hereby is,
approved.17
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.18
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–11864 Filed 6–7–17; 8:45 am]
BILLING CODE 8011–01–P
14 15
U.S.C. 78q–1(b)(3)(F).
CFR 240.17Ad–22(b)(2), (e)(6)(iii), and
(e)(6)(v).
16 17 CFR 240.17Ad–22(e)(1).
17 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
18 17 CFR 200.30–3(a)(12).
15 17
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
26729
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80850; File No. SR–
NYSEMKT–2017–33]
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Extend the Pilot
Period for the Exchange’s Retail
Liquidity Program Until December 31,
2017
June 2, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on May 23,
2017, NYSE MKT LLC (the ‘‘Exchange’’
or ‘‘NYSE MKT’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to extend the
pilot period for the Exchange’s Retail
Liquidity Program (the ‘‘Retail Liquidity
Program’’ or the ‘‘Program’’), which is
currently scheduled to expire on June
30, 2017, until December 31, 2017. The
proposed rule change is available on the
Exchange’s Web site at www.nyse.com,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization 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 those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
E:\FR\FM\08JNN1.SGM
08JNN1
Agencies
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26728-26729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11864]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-80848; File No. SR-LCH SA-2017-003]
Self-Regulatory Organizations; LCH SA; Order Approving Proposed
Rule Change Relating to Recovery Risk Margin
June 2, 2017.
I. Introduction
On April 4, 2017, Banque Centrale de Compensation, which conducts
business under the name LCH SA (``LCH SA''), filed with the Securities
and Exchange Commission (``Commission''), pursuant to Section 19(b)(1)
of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change (SR-LCH SA-2017-003) to revise
its margin methodology with respect to credit default swaps (``CDS'')
in the Reference Guide: CDS Margin Framework (``Reference Guide''). The
proposed rule change was published for comment in the Federal Register
on April 19, 2017.\3\ The Commission received no comment letters
regarding the proposed change. For the reasons discussed below, the
Commission is approving the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Securities Exchange Act Release No. 34-80450 (April 13,
2017), 82 FR 18488 (April 19, 2017) (SR-LCH SA-2017-003) (the
``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposed Rule Change
The proposed rule change seeks to amend the Reference Guide by
eliminating the recovery rate risk charge as a component of the margin
methodology, as it applies to index CDS. LCH SA, however, does not
propose to alter the recovery rate risk charge as a component of the
margin methodology, as it applies to single name CDS. The proposed rule
change also seeks to make minor updates and clarifications to the
Reference Guide.\4\
---------------------------------------------------------------------------
\4\ LCH SA has proposed changes to the Reference Guide to (i)
correct a hyperlink and (ii) add a cross reference and hyperlink to
the general inputs considered by LCH SA in constructing the CDS
pricing for European and U.S. dollar denominated contracts. See
Notice, 82 FR at 18489.
---------------------------------------------------------------------------
With respect to the portion of the proposed rule change that
eliminates the recovery rate risk charge as a margin component for
index CDS positions, LCH SA believes that recovery rate risk is
irrelevant to index CDS in normal market conditions and it therefore
should not need to charge margin to address it. In support, LCH SA
represents that ``[the] market convention is to assume a pre-defined
recovery rate for pricing an index CDS, such as a CDS on iTraxx
indices.'' \5\ Therefore, according to LCH SA, there is no need to
charge margin for an adverse recovery rate movement for an index CDS
position because, pursuant to market convention for pricing an index
CDS in normal market conditions, the rate will not move. Moreover, LCH
SA characterizes any drop in the recovery rate for index CDS as a
stress loss, and states that applying a margin charge to address this
risk ``would be trying to capture a stress loss incurred in a Clearing
Member's portfolio should the pre-defined recovery rate for these index
CDS change, which is not consistent with market convention in normal
market conditions.'' \6\ Furthermore, while LCH SA does expect
deviations from this market convention in extreme market conditions,
LCH SA believes that these deviations--and any resultant recovery rate
risk on the affected index CDS positions--should not be addressed
through its margin framework but rather ``would be captured by LCH SA's
stress scenarios used to size the Default Fund.'' \7\ Therefore, LCH SA
maintains that elimination of recovery rate risk charge from its margin
framework is appropriate and consistent with applicable provisions of
the Exchange Act and Commission Rules promulgated thereunder.
---------------------------------------------------------------------------
\5\ Id.
\6\ Id.
\7\ Id.
---------------------------------------------------------------------------
[[Page 26729]]
III. Discussion and Commission Findings
Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\8\ Section 17A(b)(3)(F) of the Act requires,\9\ among
other things, that the rules of a registered clearing agency be
designed to assure the safeguarding of securities and funds which are
in the custody or control of the clearing agency or for which it is
responsible. Rule 17Ad-22(b)(2) requires that a registered clearing
agency that performs central counterparty services shall establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to use margin requirements to limit its credit
exposures to participants under normal market conditions.\10\ Rule
17Ad-22(e)(6) requires that a covered clearing agency \11\ shall
establish, implement, maintain, and enforce written policies and
procedures reasonably designed to cover its credit exposures to its
participants by establishing a risk-based margin system that, at a
minimum, 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 and uses an appropriate method for measuring credit exposure
that accounts for relevant product risk factors and portfolio effects
across products.\12\ Rule 17Ad-22(e)(1) requires that a covered
clearing agency shall establish, implement, maintain, and enforce
written policies and procedures reasonably designed to provide for a
well-founded, clear, transparent, and enforceable legal basis for each
aspect of its activities in all relevant jurisdictions.\13\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(2)(C).
\9\ 15 U.S.C. 78q-1(b)(3)(F).
\10\ 17 CFR 240.17Ad-22(b)(2).
\11\ See 17 CFR 240.17Ad-22(a)(5) (defining ``covered clearing
agency'').
\12\ See 17 CFR 240.17Ad-22(e)(6)(iii), (e)(6)(v).
\13\17 CFR 240.17Ad-22(e)(1).
---------------------------------------------------------------------------
The Commission finds that the proposed rule change is consistent
with Section 17A of the Act and Rule 17Ad-22 thereunder. In particular,
the Commission finds that the elimination of recovery rate risk charges
is consistent with market convention for pricing index CDS, as
represented by LCH SA and discussed above. Moreover, the Commission
notes that the elimination of this component of LCH SA's margin is
expected to have only a minor impact on the total amount of margin LCH
SA collects with respect to index CDS. Furthermore, the Commission
notes that LCH SA will continue to consider and address recovery rate
risk on index CDS in its stress scenarios used to size its default
fund. Based on these findings and considerations, the Commission
believes that the proposed rule change is reasonably designed to use
margin requirements to limit its credit exposures to participants under
normal market conditions, calculate 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 and use an appropriate method for measuring credit
exposure that accounts for relevant product risk factors and portfolio
effects across products, consistent with Section 17A(b)(3)(F) of the
Exchange Act,\14\ and Rules 17Ad-22(b)(2), (e)(6)(iii), and (e)(6)(v)
thereunder.\15\
---------------------------------------------------------------------------
\14\ 15 U.S.C. 78q-1(b)(3)(F).
\15\ 17 CFR 240.17Ad-22(b)(2), (e)(6)(iii), and (e)(6)(v).
---------------------------------------------------------------------------
With respect to the portion of the proposed rule change that
revises the Reference Guide to (i) correct a hyperlink and (ii) add a
cross reference and hyperlink to the general inputs considered by LCH
SA in constructing the CDS pricing for European and U.S. dollar
denominated contracts, the Commission believes that correcting an
erroneous hyperlink and providing an additional cross-reference and
hyperlink would make the Reference Guide more clear to those who use
it, consistent with Rule 17Ad-22(e)(1).\16\
---------------------------------------------------------------------------
\16\ 17 CFR 240.17Ad-22(e)(1).
---------------------------------------------------------------------------
IV. Conclusion
It is therefore ordered pursuant to Section 19(b)(2) of the Act
that the proposed rule change (SR-LCH SA-2017-003) be, and hereby is,
approved.\17\
---------------------------------------------------------------------------
\17\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
\18\ 17 CFR 200.30-3(a)(12).
For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11864 Filed 6-7-17; 8:45 am]
BILLING CODE 8011-01-P