Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change, Security-Based Swap Submission, or Advance Notice Relating to the Clearance of an Additional Credit Default Swap Contract, 31244-31246 [2018-14299]
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31244
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 9 normally does not
become operative prior to 30 days after
the date of the filing.10 However,
pursuant to Rule 19b–4(f)(6)(iii),11 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because doing so will allow the Pilot
Program to continue without
interruption in a manner that is
consistent with the Commission’s prior
approval of the extension and expansion
of the Pilot Program and will allow the
Exchange and the Commission
additional time to analyze the impact of
the Pilot Program.12 Accordingly, the
Commission designates the proposed
rule change as operative upon filing
with the Commission.13
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 14 of the Act 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
9 17
CFR 240.19b–4(f)(6).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
11 17 CFR 240.19b–4(f)(6)(iii).
12 See Securities Exchange Act Release No. 61061
(November 24, 2009), 74 FR 62857 (December 1,
2009) (SR–NYSEArca–2009–44).
13 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
14 15 U.S.C. 78s(b)(2)(B).
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10 17
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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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
ISE–2018–57 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–ISE–2018–57. 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 (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 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 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.
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–ISE–2018–57 and should be
submitted on or before July 24, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–14292 Filed 7–2–18; 8:45 am]
BILLING CODE 8011–01–P
PO 00000
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CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE
COMMISSION
[[Release No. 34–83545; File No. SR–ICC–
2018–007]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Filing of
Proposed Rule Change, SecurityBased Swap Submission, or Advance
Notice Relating to the Clearance of an
Additional Credit Default Swap
Contract
June 28, 2018
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934, 15
U.S.C. 78s(b)(1) and Rule 19b–4, 17 CFR
240.19b–4, notice is hereby given that
on June 13, 2018, ICE Clear Credit LLC
(‘‘ICC’’) filed with the Securities and
Exchange Commission the proposed
rule change, security-based swap
submission, or advance notice as
described in Items I, II, and III below,
which Items have been prepared
primarily by ICC. The Commission is
publishing this notice to solicit
comments on the proposed rule change,
security-based swap submission, or
advance notice from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change, Security-Based Swap
Submission, or Advance Notice
The principal purpose of the
proposed rule change is to revise the
ICC Rulebook (the ‘‘Rules’’) to provide
for the clearance of an additional
Standard Emerging Market Sovereign
CDS contract (‘‘EM Contract’’).
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change, Security-Based
Swap Submission, or Advance Notice
In its filing with the Commission, ICC
included statements concerning the
purpose of and basis for the proposed
rule change, security-based swap
submission, or advance notice and
discussed any comments it received on
the proposed rule change, securitybased swap submission, or advance
notice. The text of these statements may
be examined at the places specified in
Item IV below. ICC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change, Security-Based
Swap Submission, or Advance Notice
(a) Purpose
The purpose of the proposed rule
change is to adopt rules that will
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Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices
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provide the basis for ICC to clear an
additional credit default swap contract.
ICC believes the addition of this
contract will benefit the market for
credit default swaps by providing
market participants the benefits of
clearing, including reduction in
counterparty risk and safeguarding of
margin assets pursuant to clearing house
rules. Clearing of the additional EM
Contract will not require any changes to
ICC’s Risk Management Framework or
other policies and procedures
constituting rules within the meaning of
the Securities Exchange Act of 1934
(‘‘Act’’).
ICC proposes amending Subchapter
26D of its Rules to provide for the
clearance of the additional EM Contract,
namely the Lebanese Republic. This
additional EM Contract has terms
consistent with the other EM Contracts
approved for clearing at ICC and
governed by Subchapter 26D of the
Rules. Minor revisions to Subchapter
26D (Standard Emerging Market
Sovereign (‘‘SES’’) Single Name) are
made to provide for clearing the
additional EM Contract. Specifically, in
Rule 26D–102 (Definitions), ‘‘Eligible
SES Reference Entities’’ is modified to
include the Lebanese Republic in the
list of specific Eligible SES Reference
Entities to be cleared by ICC.
(b) Statutory Basis
Section 17A(b)(3)(F) of the Act 1
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 and to
comply with the provisions of the Act
and the rules and regulations
thereunder. The additional EM Contract
is similar to the EM Contracts currently
cleared by ICC, and will be cleared
pursuant to ICC’s existing clearing
arrangements and related financial
safeguards, protections and risk
management procedures. Clearing of the
additional EM Contract will allow
market participants an increased ability
to manage risk and ensure the
safeguarding of margin assets pursuant
to clearing house rules. ICC believes that
acceptance of the new EM Contract, on
the terms and conditions set out in the
Rules, is consistent with the prompt and
accurate clearance of and settlement of
securities transactions and derivative
agreements, contracts and transactions
cleared by ICC, the safeguarding of
securities and funds in the custody or
control of ICC, and the protection of
1 15
investors and the public interest, within
the meaning of Section 17A(b)(3)(F) of
the Act.2
Clearing of the additional EM
Contract will also satisfy the
requirements of Rule 17Ad–22.3 In
particular, in terms of financial
resources, ICC will apply its existing
initial margin methodology to the
additional contract. ICC believes that
this model will provide sufficient initial
margin requirements to cover its credit
exposure to its clearing members from
clearing such contract, consistent with
the requirements of Rule 17Ad–
22(b)(2).4 In addition, ICC believes its
Guaranty Fund, under its existing
methodology, will, together with the
required initial margin, provide
sufficient financial resources to support
the clearing of the additional contract
consistent with the requirements of Rule
17Ad–22(b)(3).5 ICC also believes that
its existing operational and managerial
resources will be sufficient for clearing
of the additional contract, consistent
with the requirements of Rule 17Ad–
22(d)(4),6 as the new contract is
substantially the same from an
operational perspective as existing
contracts. Similarly, ICC will use its
existing settlement procedures and
account structures for the new contract,
consistent with the requirements of Rule
17Ad–22(d)(5), (12) and (15) 7 as to the
finality and accuracy of its daily
settlement process and avoidance of the
risk to ICC of settlement failures. ICC
determined to accept the additional EM
Contract for clearing in accordance with
its governance process, which included
review of the contract and related risk
management considerations by the ICC
Risk Committee and approval by its
Board. These governance arrangements
are consistent with the requirements of
Rule 17Ad–22(d)(8).8 Finally, ICC will
apply its existing default management
policies and procedures for the
additional EM Contract. ICC believes
that these procedures allow for it to take
timely action to contain losses and
liquidity pressures and to continue
meeting its obligations in the event of
clearing member insolvencies or
defaults in respect of the additional
single names, in accordance with Rule
17Ad–22(d)(11).9
U.S.C. 78q–1(b)(3)(F).
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2 15
U.S.C. 78q–1(b)(3)(F).
CFR 240.17Ad–22.
4 17 CFR 240.17Ad–22(b)(2).
5 17 CFR 240.17Ad–22(b)(3).
6 17 CFR 240.17Ad–22(d)(4).
7 17 CFR 240.17Ad–22(d)(5), (12) and (15).
8 17 CFR 240.17Ad–22(d)(8).
9 17 CFR 240.17Ad–22(d)(11).
3 17
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31245
(B) Clearing Agency’s Statement on
Burden on Competition
The additional EM Contract will be
available to all ICC participants for
clearing. The clearing of this additional
EM Contract by ICC does not preclude
the offering of the additional EM
Contract for clearing by other market
participants. Accordingly, ICC does not
believe that clearance of the additional
EM Contract will impose any burden on
competition not necessary or
appropriate in furtherance of the
purposes of the Act.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change, Security-Based Swap
Submission, or Advance Notice
Received From Members, Participants or
Others
Written comments relating to the
proposed rule change have not been
solicited or received. ICC will notify the
Commission of any written comments
received by ICC.
III. Date of Effectiveness of the
Proposed Rule Change, Security-Based
Swap Submission, or Advance Notice
and Timing for Commission Action
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, security-based swap
submission, or advance notice is
consistent with the Act. Comments may
be submitted by any of the following
methods:
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–
ICC–2018–007 on the subject line.
Paper Comments
Send paper comments in triplicate to
Secretary, Securities and Exchange
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31246
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices
Commission, 100 F Street NE,
Washington, DC 20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
All submissions should refer to File
Number SR–ICC–2018–007. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change, security-based swap
submission, or advance notice that are
filed with the Commission, and all
written communications relating to the
proposed rule change, security-based
swap submission, or advance notice
between the Commission and any
person, other than those that may be
withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will
be available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filings will also be available for
inspection and copying at the principal
office of ICE Clear Credit and on ICE
Clear Credit’s website at https://
www.theice.com/clear-credit/regulation.
All comments received will be posted
without change. Persons submitting
comments are cautioned that we do not
redact or edit personal identifying
information from comment submissions.
You should submit only information
that you wish to make available
publicly. All submissions should refer
to File Number SR–ICC–2018–007 and
should be submitted on or before July
24, 2018.
[Release No. 34–83548; File No. SR–
CboeBZX–2018–001]
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–14299 Filed 7–2–18; 8:45 am]
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 8011–01–P
10 17
CFR 200.30–3(a)(12).
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Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of
Designation of a Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove a Proposed Rule Change
To List and Trade the Shares of the
GraniteShares Bitcoin ETF and the
GraniteShares Short Bitcoin ETF
Under BZX Rule 14.11(f)(4), Trust
Issued Receipts
June 28, 2018.
On January 5, 2018, Cboe BZX
Exchange, Inc. (‘‘BZX’’) 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 to
list and trade the shares of the
GraniteShares Bitcoin ETF and the
GraniteShares Short Bitcoin ETF under
BZX Rule 14.11(f)(4). The proposed rule
change was published for comment in
the Federal Register on January 18,
2018.3 On February 22, 2018, pursuant
to Section 19(b)(2) of the Act,4 the
Commission designated a longer period
within which to approve the proposed
rule change, disapprove the proposed
rule change, or institute proceedings to
determine whether to disapprove the
proposed rule change.5 On April 5,
2018, the Commission instituted
proceedings under
Section 19(b)(2)(B) of the Act 6 to
determine whether to approve or
disapprove the proposed rule change.7
The Commission has received eight
comments on the proposed rule
change.8
U.S.C.78s(b)(1).
CFR 240.19b 4.
3 See Securities Exchange Act Release No. 82484
(Jan. 11, 2018), 83 FR 2704 (Jan. 18, 2018).
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 82759
(Feb. 22, 2018), 83 FR 8719 (Feb. 28, 2018).
6 15 U.S.C. 78s(b)(2)(B).
7 See Securities Exchange Act Release No. 82995
(Apr. 5, 2018), 83 FR 15425 (Apr. 10, 2018).
Specifically, the Commission instituted proceedings
to allow for additional analysis of the proposed rule
change’s consistency with Section 6(b)(5) of the
Act, which requires, among other things, that the
rules of a national securities exchange be ‘‘designed
to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles
of trade,’’ and ‘‘to protect investors and the public
interest.’’ See id. at 15426 (citing 15 U.S.C.
78f(b)(5)).
8 See Letters from Anita Desai (Apr. 6, 2018); Ed
Kaleda (Apr. 6, 2018); Don Krohn (Apr. 7, 2018);
Adam Malkin (Apr. 8, 2018); Shravan Kumar (Apr.
11, 2018); David Barnwell (Apr. 12, 2018); Louise
Fitzgerald (Apr. 18, 2018); and Sharon Brown-
PO 00000
1 15
2 17
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Section 19(b)(2) of the Act 9 provides
that, after initiating disapproval
proceedings, the Commission shall issue
an order approving or disapproving the
proposed rule change not later than 180
days after the date of publication of
notice of filing of the proposed rule
change. The Commission may extend
the period for issuing an order
approving or disapproving the proposed
rule change, however, by not more than
60 days if the Commission determines
that a longer period is appropriate and
publishes the reasons for such
determination. The proposed rule
change was published for notice and
comment in the Federal Register on
January 18, 2018. July 17, 2018, is 180
days from that date, and September 15,
2018, is 240 days from that date.
The Commission finds it appropriate
to designate a longer period within
which to issue an order approving or
disapproving the proposed rule change
so that it has sufficient time to consider
this proposed rule change. Accordingly,
the Commission, pursuant to Section
19(b)(2) of the Act,10 designates
September 15, 2018, as the date by
which the Commission shall either
approve or disapprove the proposed
rule change (File No. SR–CboeBZX–
2018–001).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–14302 Filed 7–2–18; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Interest Rates
The Small Business Administration
publishes an interest rate called the
optional ‘‘peg’’ rate (13 CFR 120.214) on
a quarterly basis. This rate is a weighted
average cost of money to the
government for maturities similar to the
average SBA direct loan. This rate may
be used as a base rate for guaranteed
fluctuating interest rate SBA loans. This
rate will be 2.875 percent for the July–
September quarter of FY 2018.
Pursuant to 13 CFR 120.921(b), the
maximum legal interest rate for any
third party lender’s commercial loan
Hruska, Managing Director, and Trevor Wagener,
Consultant, NERA Economic Consulting (May 18,
2018). All comments on the proposed rule change
are available on the Commission’s website at:
https://www.sec.gov/comments/sr-cboebzx-2018001/cboebzx2018001.htm.
9 15 U.S.C. 78s(b)(2).
10 Id.
11 17 CFR 200.30–3(a)(57).
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Agencies
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31244-31246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14299]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[[Release No. 34-83545; File No. SR-ICC-2018-007]
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice Relating to the Clearance of an Additional Credit
Default Swap Contract
June 28, 2018
Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934, 15 U.S.C. 78s(b)(1) and Rule 19b-4, 17 CFR 240.19b-4, notice is
hereby given that on June 13, 2018, ICE Clear Credit LLC (``ICC'')
filed with the Securities and Exchange Commission the proposed rule
change, security-based swap submission, or advance notice as described
in Items I, II, and III below, which Items have been prepared primarily
by ICC. The Commission is publishing this notice to solicit comments on
the proposed rule change, security-based swap submission, or advance
notice from interested persons.
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice
The principal purpose of the proposed rule change is to revise the
ICC Rulebook (the ``Rules'') to provide for the clearance of an
additional Standard Emerging Market Sovereign CDS contract (``EM
Contract'').
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice
In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. The text of these statements may be
examined at the places specified in Item IV below. ICC has prepared
summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.
(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice
(a) Purpose
The purpose of the proposed rule change is to adopt rules that will
[[Page 31245]]
provide the basis for ICC to clear an additional credit default swap
contract. ICC believes the addition of this contract will benefit the
market for credit default swaps by providing market participants the
benefits of clearing, including reduction in counterparty risk and
safeguarding of margin assets pursuant to clearing house rules.
Clearing of the additional EM Contract will not require any changes to
ICC's Risk Management Framework or other policies and procedures
constituting rules within the meaning of the Securities Exchange Act of
1934 (``Act'').
ICC proposes amending Subchapter 26D of its Rules to provide for
the clearance of the additional EM Contract, namely the Lebanese
Republic. This additional EM Contract has terms consistent with the
other EM Contracts approved for clearing at ICC and governed by
Subchapter 26D of the Rules. Minor revisions to Subchapter 26D
(Standard Emerging Market Sovereign (``SES'') Single Name) are made to
provide for clearing the additional EM Contract. Specifically, in Rule
26D-102 (Definitions), ``Eligible SES Reference Entities'' is modified
to include the Lebanese Republic in the list of specific Eligible SES
Reference Entities to be cleared by ICC.
(b) Statutory Basis
Section 17A(b)(3)(F) of the Act \1\ 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 and to comply with the provisions of the Act and the rules
and regulations thereunder. The additional EM Contract is similar to
the EM Contracts currently cleared by ICC, and will be cleared pursuant
to ICC's existing clearing arrangements and related financial
safeguards, protections and risk management procedures. Clearing of the
additional EM Contract will allow market participants an increased
ability to manage risk and ensure the safeguarding of margin assets
pursuant to clearing house rules. ICC believes that acceptance of the
new EM Contract, on the terms and conditions set out in the Rules, is
consistent with the prompt and accurate clearance of and settlement of
securities transactions and derivative agreements, contracts and
transactions cleared by ICC, the safeguarding of securities and funds
in the custody or control of ICC, and the protection of investors and
the public interest, within the meaning of Section 17A(b)(3)(F) of the
Act.\2\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78q-1(b)(3)(F).
\2\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
Clearing of the additional EM Contract will also satisfy the
requirements of Rule 17Ad-22.\3\ In particular, in terms of financial
resources, ICC will apply its existing initial margin methodology to
the additional contract. ICC believes that this model will provide
sufficient initial margin requirements to cover its credit exposure to
its clearing members from clearing such contract, consistent with the
requirements of Rule 17Ad-22(b)(2).\4\ In addition, ICC believes its
Guaranty Fund, under its existing methodology, will, together with the
required initial margin, provide sufficient financial resources to
support the clearing of the additional contract consistent with the
requirements of Rule 17Ad-22(b)(3).\5\ ICC also believes that its
existing operational and managerial resources will be sufficient for
clearing of the additional contract, consistent with the requirements
of Rule 17Ad-22(d)(4),\6\ as the new contract is substantially the same
from an operational perspective as existing contracts. Similarly, ICC
will use its existing settlement procedures and account structures for
the new contract, consistent with the requirements of Rule 17Ad-
22(d)(5), (12) and (15) \7\ as to the finality and accuracy of its
daily settlement process and avoidance of the risk to ICC of settlement
failures. ICC determined to accept the additional EM Contract for
clearing in accordance with its governance process, which included
review of the contract and related risk management considerations by
the ICC Risk Committee and approval by its Board. These governance
arrangements are consistent with the requirements of Rule 17Ad-
22(d)(8).\8\ Finally, ICC will apply its existing default management
policies and procedures for the additional EM Contract. ICC believes
that these procedures allow for it to take timely action to contain
losses and liquidity pressures and to continue meeting its obligations
in the event of clearing member insolvencies or defaults in respect of
the additional single names, in accordance with Rule 17Ad-22(d)(11).\9\
---------------------------------------------------------------------------
\3\ 17 CFR 240.17Ad-22.
\4\ 17 CFR 240.17Ad-22(b)(2).
\5\ 17 CFR 240.17Ad-22(b)(3).
\6\ 17 CFR 240.17Ad-22(d)(4).
\7\ 17 CFR 240.17Ad-22(d)(5), (12) and (15).
\8\ 17 CFR 240.17Ad-22(d)(8).
\9\ 17 CFR 240.17Ad-22(d)(11).
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(B) Clearing Agency's Statement on Burden on Competition
The additional EM Contract will be available to all ICC
participants for clearing. The clearing of this additional EM Contract
by ICC does not preclude the offering of the additional EM Contract for
clearing by other market participants. Accordingly, ICC does not
believe that clearance of the additional EM Contract will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.
(C) Clearing Agency's Statement on Comments on the Proposed Rule
Change, Security-Based Swap Submission, or Advance Notice Received From
Members, Participants or Others
Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.
III. Date of Effectiveness of the Proposed Rule Change, Security-Based
Swap Submission, or Advance Notice and Timing for Commission Action
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, security-based swap submission, or advance notice is consistent
with the Act. Comments may be submitted by any of the following
methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-ICC-2018-007 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities and
Exchange
[[Page 31246]]
Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-ICC-2018-007. 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 (https://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change, security-based
swap submission, or advance notice that are filed with the Commission,
and all written communications relating to the proposed rule change,
security-based swap submission, or advance notice between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filings will also be available for inspection and copying at the
principal office of ICE Clear Credit and on ICE Clear Credit's website
at https://www.theice.com/clear-credit/regulation.
All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2018-007 and should be
submitted on or before July 24, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14299 Filed 7-2-18; 8:45 am]
BILLING CODE 8011-01-P