80_FR_53389 80 FR 53219 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing of Proposed Rule Change To Enhance NSCC's Margining Methodology as Applied to Family-Issued Securities of Certain NSCC Members

80 FR 53219 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing of Proposed Rule Change To Enhance NSCC's Margining Methodology as Applied to Family-Issued Securities of Certain NSCC Members

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range53219-53221
FR Document2015-21670

Federal Register, Volume 80 Issue 170 (Wednesday, September 2, 2015)
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Pages 53219-53221]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21670]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75768; File No. SR-NSCC-2015-003]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of Filing of Proposed Rule Change To Enhance NSCC's 
Margining Methodology as Applied to Family-Issued Securities of Certain 
NSCC Members

August 27, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on August 14, 2015, National Securities Clearing Corporation 
(``NSCC'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by NSCC.\3\ NSCC filed 
the proposed rule change pursuant to section 19(b)(2) \4\ of the Act. 
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\ On August 14, 2015, NSCC filed this proposed rule change as 
an advance notice (SR-NSCC-2015-803) with the Commission pursuant to 
section 806(e)(1) of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act entitled the Payment, Clearing, and Settlement 
Supervision Act of 2010 (``Clearing Supervision Act''), 12 U.S.C. 
5465(e)(1), and Rule 19b-4(n)(1)(i) of the Act, 17 CFR 240.19b-
4(n)(1)(i). A copy of the advance notice is available at http://www.dtcc.com/legal/sec-rule-filings.aspx.
    \4\ 15 U.S.C. 78s(b)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change consists of amendments to NSCC's Rules & 
Procedures (``Rules'') in order to enhance NSCC's margining methodology 
as applied to family-issued securities of NSCC Members \5\ that are 
placed on NSCC's ``Watch List'', i.e., those Members who present a 
heightened credit risk to NSCC or have demonstrated higher risk related 
to their ability to meet settlement, as more fully described below.
---------------------------------------------------------------------------

    \5\ Terms not defined herein are defined in the Rules, available 
at http://dtcc.com/~/media/Files/Downloads/legal/rules/
nscc_rules.pdf.
---------------------------------------------------------------------------

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

    In its filing with the Commission, NSCC included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed

[[Page 53220]]

rule change. The text of these statements may be examined at the places 
specified in Item IV below. NSCC 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

1. Purpose
    As a central counterparty, NSCC occupies an important role in the 
securities settlement system by interposing itself between 
counterparties to financial transactions and thereby reducing the risk 
faced by participants and contributing to global financial stability. 
The effectiveness of a central counterparty's risk controls and the 
adequacy of its financial resources are critical to achieving these 
risk-reducing goals. In that context, NSCC continuously reviews its 
margining methodology in order to ensure the reliability of its 
margining in achieving the desired coverage. In order to be most 
effective, NSCC must take into consideration the risk characteristics 
specific to certain securities when margining those securities.
    Among the various risks that NSCC considers when evaluating the 
effectiveness of its margining methodology are its counterparty risks 
and identification and mitigation of ``wrong-way'' risk, particularly 
specific wrong-way risk, defined as the risk that an exposure to a 
counterparty is highly likely to increase when the creditworthiness of 
that counterparty deteriorates.\6\ NSCC has identified an exposure to 
wrong-way risk when it acts as central counterparty to a Member with 
respect to positions in securities that are issued by that Member or 
that Member's affiliate. These positions are referred to as ``family-
issued securities.'' In the event that a Member with unsettled long 
positions in family-issued securities defaults, NSCC would close out 
those positions following a likely drop in the credit-worthiness of the 
issuer, possibly resulting in a loss to NSCC.
---------------------------------------------------------------------------

    \6\ See Principles for financial market infrastructures, issued 
by the Committee on Payment and Settlement Systems and the Technical 
Committee of the International Organization of Securities 
Commissions 47 n.65 (April 2012), available at http://www.bis.org/publ/cpss101a.pdf.
---------------------------------------------------------------------------

    NSCC is proposing to address its exposure to this type of wrong-way 
risk in two steps. First, NSCC proposes in this filing to enhance its 
margin methodology as applied to the family-issued securities of its 
Members that are on its Watch List \7\ by excluding these securities 
from the volatility component, or ``VaR'' charge, and then charging an 
amount calculated by multiplying the absolute value of the long net 
unsettled positions in that Member's family-issued securities by a 
percentage that is no less than 40%. The haircut rate to be charged 
would be determined based on the Member's rating on the credit risk 
rating matrix and the type of family-issued security submitted to NSCC. 
Fixed income securities that are family-issued securities would be 
charged a haircut rate of no less than 80% for firms that are rated 6 
or 7 on the credit risk rating matrix, and no less than 40% for firms 
that are rated 5 on the credit risk rating matrix; and equity 
securities that are family-issued securities would be charged a haircut 
rate of 100% for firms that are rated 6 or 7 on the credit risk rating 
matrix, and no less than 50% for firms that are rated 5 on the credit 
risk rating matrix. NSCC would have the authority to adjust these 
haircut rates from time to time within these parameters as described in 
Procedure XV of NSCC's Rules without filing a proposed rule change with 
the Commission pursuant to section 19(b)(1) of the Act,\8\ and the 
rules thereunder, or an advance notice with the Commission pursuant to 
section 806(e)(1) of the Clearing Supervision Act,\9\ and the rules 
thereunder.
---------------------------------------------------------------------------

    \7\ As part of its ongoing monitoring of its membership, NSCC 
utilizes an internal credit risk rating matrix to rate its risk 
exposures to its Members based on a scale from 1 (the strongest) to 
7 (the weakest). Members that fall within the higher risk rating 
categories (i.e. 5, 6, and 7) are considered on NSCC's ``Watch 
List'', and may be subject to enhanced surveillance or additional 
margin charges, as permitted under NSCC's Rules. See Section 4 of 
Rule 2B and section I(B)(1) of Procedure XV of NSCC's Rules, supra 
Note 5.
    \8\ 15 U.S.C. 78s(b)(1).
    \9\ 12 U.S.C. 5465(e)(1).
---------------------------------------------------------------------------

    Because NSCC Members that are on its Watch List present a 
heightened credit risk to the clearing agency or have demonstrated 
higher risk related to their ability to meet settlement, NSCC believes 
that this charge would more effectively capture the risk 
characteristics of these positions and can help mitigate NSCC's 
exposure to wrong-way risk. NSCC proposes to amend section I(B)(1) of 
Procedure XV of its Rules, as marked on Exhibit 5 hereto,\10\ to 
enhance its margining methodology as described herein.
---------------------------------------------------------------------------

    \10\ The Commission notes that Exhibit 5 is attached to the 
filing, not to this Notice.
---------------------------------------------------------------------------

    Second, NSCC will continue to evaluate its exposures to wrong-way 
risk, specifically wrong-way risk presented by family-issued 
securities, including by reviewing the impact of expanding the 
application of the proposed margining methodology to the family-issued 
securities of those Members that are not on the Watch List. NSCC is 
proposing to apply the enhanced margining methodology to the family-
issued securities of Members that are on the Watch List at this time 
because, as stated above, these Members present a heightened credit 
risk to the clearing agency or have demonstrated higher risk related to 
their ability to meet settlement. As such, there is a clear and more 
urgent need to address NSCC's exposure to wrong-way risk presented by 
these firms' family-issued securities.
    However, any future change to the margining methodology as applied 
to the family-issued securities of Members that are not on the Watch 
List would be subject to a separate proposed rule change pursuant to 
section 19(b)(1) of the Act,\11\ and the rules thereunder, and an 
advance notice pursuant to section 806(e)(1) of the Clearing 
Supervision Act,\12\ and the rules thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(1).
    \12\ 12 U.S.C. 5465(e)(1).
---------------------------------------------------------------------------

    Implementation Timeframe. Subject to Commission approval of this 
proposed rule change, Members would be advised of the implementation 
date through issuance of an NSCC Important Notice. NSCC expects to run 
these changes in a test environment for a three month parallel period 
prior to implementation. Details and dates regarding this test would be 
communicated to Members through an NSCC Important Notice. As stated 
above, NSCC will conduct additional analysis of its exposure to wrong-
way risk, and, following implementation of this proposed rule change, 
will engage in outreach to its membership when evaluating whether to 
expand the application of the proposed enhanced margining methodology 
to Members not on its Watch List.
2. Statutory Basis
    Pursuant to section 17A(b)(3)(F) of the Act, NSCC's Rules must be 
designed to promote the prompt and accurate clearance and settlement of 
securities transactions.\13\ Rule 17Ad-22(b)(1), promulgated under the 
Act, requires NSCC to measure its credit exposures to its participants 
at least once a day and limit its exposures to potential losses from 
defaults by its participants under

[[Page 53221]]

normal market conditions so that the operations of the clearing agency 
would not be disrupted and non-defaulting participants would not be 
exposed to losses that they cannot anticipate or control.\14\ Rule 
17Ad-22(b)(2), promulgated under the Act, requires NSCC to use risk-
based models for setting margin requirements.\15\
---------------------------------------------------------------------------

    \13\ 5 U.S.C. 78q-1(b)(3)(F).
    \14\ 17 CFR 240.17Ad-22(b)(1).
    \15\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

    By enhancing the margin methodology as applied to the family-issued 
securities of its Members that are on its Watch List, the proposed rule 
change would assist NSCC in collecting margin that more accurately 
reflects the risk characteristics of these securities, thereby limiting 
NSCC's exposures to potential losses from defaults by these Members 
under normal market conditions. By more closely capturing the risk 
characteristics of these positions, the proposed enhancement to the 
margining methodology would also assist NSCC in its continuous efforts 
to ensure the reliability and effectiveness of its risk-based margining 
methodology. In this way, the proposed rule change would help NSCC, as 
a central counterparty, maintain effective risk controls, contributing 
to the goal of maintaining financial stability in the event of a Member 
default.
    Therefore, NSCC believes the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
promulgated thereunder applicable to NSCC, in particular section 
17A(b)(3)(F) of the Act and Rule 17Ad-22(b)(1) and (2), promulgated 
under the Act, cited above.

(B) Clearing Agency's Statement on Burden on Competition

    The proposed rule change may impose a burden on competition by 
applying the enhanced margining methodology only to NSCC Members on 
NSCC's Watch List. However, NSCC believes any related burden on 
competition would be necessary and appropriate, as permitted by section 
17A(b)(3)(I) of the Act for a number of reasons.\16\
---------------------------------------------------------------------------

    \16\ 5 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

    First, while NSCC will continue to review its exposures to wrong-
way risk and will consider expanding the application of the proposed 
margining methodology to additional Members, NSCC has determined to 
initially limit the applicability of the proposed rule change to 
Members on its Watch List because those Members present a heightened 
credit risk to the clearing agency or have demonstrated a higher risk 
in their ability to meet settlement. Second, by limiting NSCC's 
exposures to losses that it may face in clearing family-issued 
securities of such Members, the proposed rule change would contribute 
to the goal of maintaining financial stability in the event of the 
default of a Member on the Watch List, which would help facilitate the 
prompt and accurate clearance and settlement of securities transactions 
and protect investors and the public interest, in furtherance of the 
requirements of the Act applicable to NSCC, as discussed above.
    As such, NSCC believes any burden on competition resulting from the 
proposed rule change would be both necessary and appropriate in 
furtherance of the purposes of the Act, in particular section 
17A(b)(3)(F) of the Act and Rule 17Ad-22(b)(1) and (2), promulgated 
under the Act, cited above.

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

    In November 2013, NSCC engaged in outreach to its Members by 
providing those Members with a description of the proposed rule change 
and the results of an impact study showing the potential impact of this 
proposal on Members' Clearing Fund required deposits. NSCC did not 
receive any written comments relating to this proposed rule change in 
response to this outreach. NSCC will notify the Commission of any 
written comments received by NSCC.

III. Date of Effectiveness of the Proposed Rule Change, 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 a proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.
    The proposal shall not take effect until all regulatory actions 
required with respect to the proposal are completed.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NSCC-2015-003 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-NSCC-2015-003. 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 (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 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 NSCC and on 
DTCC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). 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-NSCC-2015-003 and should be 
submitted on or before September 23, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21670 Filed 9-1-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices                                                       53219

                                                  new VIX weekly options and futures.                          • Send an email to rule-comments@                      SECURITIES AND EXCHANGE
                                                  Additionally, the Exchange believes the                    sec.gov. Please include File Number SR–                  COMMISSION
                                                  proposed rule change will continue to                      CBOE–2015–074 on the subject line.
                                                  encourage the trading of SPXW options                                                                               [Release No. 34–75768; File No. SR–NSCC–
                                                  that have the expiration that contribute                   Paper Comments                                           2015–003]
                                                  to the now VIX weekly settlement                             • Send paper comments in triplicate                    Self-Regulatory Organizations;
                                                  calculation at the opening on settlement                   to Secretary, Securities and Exchange                    National Securities Clearing
                                                  days, which will provide additional                                                                                 Corporation; Notice of Filing of
                                                                                                             Commission, 100 F Street NE.,
                                                  liquidity and enhance competition in                                                                                Proposed Rule Change To Enhance
                                                                                                             Washington, DC 20549–1090.
                                                  those securities. The Exchange does not                                                                             NSCC’s Margining Methodology as
                                                  believe that the proposed rule changes                     All submissions should refer to File                     Applied to Family-Issued Securities of
                                                  will impose any burden on intermarket                      Number SR–CBOE–2015–074. This file                       Certain NSCC Members
                                                  competition that is not necessary or                       number should be included on the
                                                  appropriate in furtherance of the                          subject line if email is used. To help the               August 27, 2015.
                                                  purposes of the Act because the                            Commission process and review your                          Pursuant to section 19(b)(1) 1 of the
                                                  proposed rule change applies only to                       comments more efficiently, please use                    Securities Exchange Act of 1934 (‘‘Act’’)
                                                  CBOE. To the extent that the proposed                      only one method. The Commission will                     and Rule 19b–4 2 thereunder, notice is
                                                  changes make CBOE a more attractive                        post all comments on the Commission’s                    hereby given that on August 14, 2015,
                                                  marketplace for market participants at                     Internet Web site (http://www.sec.gov/                   National Securities Clearing Corporation
                                                  other exchanges, such market                               rules/sro.shtml). Copies of the                          (‘‘NSCC’’) filed with the Securities and
                                                  participants are welcome to become                         submission, all subsequent                               Exchange Commission (‘‘Commission’’)
                                                  CBOE market participants.                                                                                           the proposed rule change as described
                                                                                                             amendments, all written statements
                                                  C. Self-Regulatory Organization’s                          with respect to the proposed rule                        in Items I, II and III below, which Items
                                                  Statement on Comments on the                               change that are filed with the                           have been prepared by NSCC.3 NSCC
                                                  Proposed Rule Change Received From                                                                                  filed the proposed rule change pursuant
                                                                                                             Commission, and all written
                                                  Members, Participants, or Others                                                                                    to section 19(b)(2) 4 of the Act. The
                                                                                                             communications relating to the
                                                                                                                                                                      Commission is publishing this notice to
                                                    The Exchange neither solicited nor                       proposed rule change between the                         solicit comments on the proposed rule
                                                  received comments on the proposed                          Commission and any person, other than                    change from interested persons.
                                                  rule change.                                               those that may be withheld from the
                                                                                                             public in accordance with the                            I. Clearing Agency’s Statement of the
                                                  III. Date of Effectiveness of the                          provisions of 5 U.S.C. 552, will be                      Terms of Substance of the Proposed
                                                  Proposed Rule Change and Timing for                        available for Web site viewing and                       Rule Change
                                                  Commission Action                                          printing in the Commission’s Public                        The proposed rule change consists of
                                                     The foregoing rule change has become                    Reference Room, 100 F Street NE.,                        amendments to NSCC’s Rules &
                                                  effective pursuant to Section 19(b)(3)(A)                  Washington, DC 20549 on official                         Procedures (‘‘Rules’’) in order to
                                                  of the Act 7 and paragraph (f) of Rule                     business days between the hours of                       enhance NSCC’s margining
                                                  19b–4 8 thereunder. At any time within                     10:00 a.m. and 3:00 p.m. Copies of the                   methodology as applied to family-issued
                                                  60 days of the filing of the proposed rule                 filing also will be available for                        securities of NSCC Members 5 that are
                                                  change, the Commission summarily may                       inspection and copying at the principal                  placed on NSCC’s ‘‘Watch List’’, i.e.,
                                                  temporarily suspend such rule change if                    office of the Exchange. All comments                     those Members who present a
                                                  it appears to the Commission that such                     received will be posted without change;                  heightened credit risk to NSCC or have
                                                  action is necessary or appropriate in the                  the Commission does not edit personal                    demonstrated higher risk related to their
                                                  public interest, for the protection of                     identifying information from                             ability to meet settlement, as more fully
                                                  investors, or otherwise in furtherance of                  submissions. You should submit only                      described below.
                                                  the purposes of the Act. If the                            information that you wish to make                        II. Clearing Agency’s Statement of the
                                                  Commission takes such action, the                          available publicly. All submissions                      Purpose of, and Statutory Basis for, the
                                                  Commission will institute proceedings                      should refer to File Number SR–CBOE–                     Proposed Rule Change
                                                  to determine whether the proposed rule                     2015–074 and should be submitted on
                                                  change should be approved or                                                                                          In its filing with the Commission,
                                                                                                             or before September 23, 2015.                            NSCC included statements concerning
                                                  disapproved.
                                                                                                               For the Commission, by the Division of                 the purpose of and basis for the
                                                  IV. Solicitation of Comments                               Trading and Markets, pursuant to delegated               proposed rule change and discussed any
                                                    Interested persons are invited to                        authority.9                                              comments it received on the proposed
                                                  submit written data, views, and                            Robert W. Errett,
                                                                                                                                                                        1 15  U.S.C. 78s(b)(1).
                                                  arguments concerning the foregoing,                        Deputy Secretary.                                          2 17  CFR 240.19b–4.
                                                  including whether the proposed rule                        [FR Doc. 2015–21671 Filed 9–1–15; 8:45 am]                  3 On August 14, 2015, NSCC filed this proposed
                                                  change is consistent with the Act.                         BILLING CODE 8011–01–P                                   rule change as an advance notice (SR–NSCC–2015–
                                                  Comments may be submitted by any of                                                                                 803) with the Commission pursuant to section
                                                  the following methods:                                                                                              806(e)(1) of the Dodd-Frank Wall Street Reform and
                                                                                                                                                                      Consumer Protection Act entitled the Payment,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Electronic Comments                                                                                                 Clearing, and Settlement Supervision Act of 2010
                                                                                                                                                                      (‘‘Clearing Supervision Act’’), 12 U.S.C. 5465(e)(1),
                                                    • Use the Commission’s Internet                                                                                   and Rule 19b–4(n)(1)(i) of the Act, 17 CFR 240.19b–
                                                  comment form (http://www.sec.gov/                                                                                   4(n)(1)(i). A copy of the advance notice is available
                                                                                                                                                                      at http://www.dtcc.com/legal/sec-rule-filings.aspx.
                                                  rules/sro.shtml); or                                                                                                   4 15 U.S.C. 78s(b)(2).
                                                                                                                                                                         5 Terms not defined herein are defined in the
                                                    7 15   U.S.C. 78s(b)(3)(A).                                                                                       Rules, available at http://dtcc.com/∼/media/Files/
                                                    8 17   CFR 240.19b–4(f).                                   9 17   CFR 200.30–3(a)(12).                            Downloads/legal/rules/nscc_rules.pdf.



                                             VerDate Sep<11>2014      19:04 Sep 01, 2015   Jkt 235001   PO 00000   Frm 00119    Fmt 4703     Sfmt 4703   E:\FR\FM\02SEN1.SGM   02SEN1


                                                  53220                    Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices

                                                  rule change. The text of these statements               on its Watch List 7 by excluding these                        Second, NSCC will continue to
                                                  may be examined at the places specified                 securities from the volatility                             evaluate its exposures to wrong-way
                                                  in Item IV below. NSCC has prepared                     component, or ‘‘VaR’’ charge, and then                     risk, specifically wrong-way risk
                                                  summaries, set forth in sections A, B,                  charging an amount calculated by                           presented by family-issued securities,
                                                  and C below, of the most significant                    multiplying the absolute value of the                      including by reviewing the impact of
                                                  aspects of such statements.                             long net unsettled positions in that                       expanding the application of the
                                                                                                          Member’s family-issued securities by a                     proposed margining methodology to the
                                                  (A) Clearing Agency’s Statement of the                                                                             family-issued securities of those
                                                  Purpose of, and Statutory Basis for, the                percentage that is no less than 40%. The
                                                                                                          haircut rate to be charged would be                        Members that are not on the Watch List.
                                                  Proposed Rule Change                                                                                               NSCC is proposing to apply the
                                                                                                          determined based on the Member’s
                                                  1. Purpose                                                                                                         enhanced margining methodology to the
                                                                                                          rating on the credit risk rating matrix
                                                                                                                                                                     family-issued securities of Members that
                                                     As a central counterparty, NSCC                      and the type of family-issued security                     are on the Watch List at this time
                                                  occupies an important role in the                       submitted to NSCC. Fixed income                            because, as stated above, these Members
                                                  securities settlement system by                         securities that are family-issued                          present a heightened credit risk to the
                                                  interposing itself between                              securities would be charged a haircut                      clearing agency or have demonstrated
                                                  counterparties to financial transactions                rate of no less than 80% for firms that                    higher risk related to their ability to
                                                  and thereby reducing the risk faced by                  are rated 6 or 7 on the credit risk rating                 meet settlement. As such, there is a
                                                  participants and contributing to global                 matrix, and no less than 40% for firms                     clear and more urgent need to address
                                                  financial stability. The effectiveness of a             that are rated 5 on the credit risk rating                 NSCC’s exposure to wrong-way risk
                                                  central counterparty’s risk controls and                matrix; and equity securities that are                     presented by these firms’ family-issued
                                                  the adequacy of its financial resources                 family-issued securities would be                          securities.
                                                  are critical to achieving these risk-                   charged a haircut rate of 100% for firms                      However, any future change to the
                                                  reducing goals. In that context, NSCC                   that are rated 6 or 7 on the credit risk                   margining methodology as applied to
                                                  continuously reviews its margining                      rating matrix, and no less than 50% for                    the family-issued securities of Members
                                                  methodology in order to ensure the                      firms that are rated 5 on the credit risk                  that are not on the Watch List would be
                                                  reliability of its margining in achieving               rating matrix. NSCC would have the                         subject to a separate proposed rule
                                                  the desired coverage. In order to be most               authority to adjust these haircut rates                    change pursuant to section 19(b)(1) of
                                                  effective, NSCC must take into                                                                                     the Act,11 and the rules thereunder, and
                                                                                                          from time to time within these
                                                  consideration the risk characteristics                                                                             an advance notice pursuant to section
                                                                                                          parameters as described in Procedure
                                                  specific to certain securities when                                                                                806(e)(1) of the Clearing Supervision
                                                                                                          XV of NSCC’s Rules without filing a
                                                  margining those securities.                                                                                        Act,12 and the rules thereunder.
                                                                                                          proposed rule change with the                                 Implementation Timeframe. Subject
                                                     Among the various risks that NSCC                    Commission pursuant to section 19(b)(1)
                                                  considers when evaluating the                                                                                      to Commission approval of this
                                                                                                          of the Act,8 and the rules thereunder, or                  proposed rule change, Members would
                                                  effectiveness of its margining
                                                                                                          an advance notice with the Commission                      be advised of the implementation date
                                                  methodology are its counterparty risks
                                                                                                          pursuant to section 806(e)(1) of the                       through issuance of an NSCC Important
                                                  and identification and mitigation of
                                                                                                          Clearing Supervision Act,9 and the rules                   Notice. NSCC expects to run these
                                                  ‘‘wrong-way’’ risk, particularly specific
                                                  wrong-way risk, defined as the risk that                thereunder.                                                changes in a test environment for a three
                                                  an exposure to a counterparty is highly                    Because NSCC Members that are on                        month parallel period prior to
                                                  likely to increase when the                             its Watch List present a heightened                        implementation. Details and dates
                                                  creditworthiness of that counterparty                   credit risk to the clearing agency or have                 regarding this test would be
                                                  deteriorates.6 NSCC has identified an                   demonstrated higher risk related to their                  communicated to Members through an
                                                  exposure to wrong-way risk when it acts                 ability to meet settlement, NSCC                           NSCC Important Notice. As stated
                                                  as central counterparty to a Member                     believes that this charge would more                       above, NSCC will conduct additional
                                                  with respect to positions in securities                 effectively capture the risk                               analysis of its exposure to wrong-way
                                                  that are issued by that Member or that                  characteristics of these positions and                     risk, and, following implementation of
                                                  Member’s affiliate. These positions are                 can help mitigate NSCC’s exposure to                       this proposed rule change, will engage
                                                  referred to as ‘‘family-issued securities.’’                                                                       in outreach to its membership when
                                                                                                          wrong-way risk. NSCC proposes to
                                                  In the event that a Member with                                                                                    evaluating whether to expand the
                                                                                                          amend section I(B)(1) of Procedure XV
                                                  unsettled long positions in family-                                                                                application of the proposed enhanced
                                                                                                          of its Rules, as marked on Exhibit 5                       margining methodology to Members not
                                                  issued securities defaults, NSCC would                  hereto,10 to enhance its margining
                                                  close out those positions following a                                                                              on its Watch List.
                                                                                                          methodology as described herein.
                                                  likely drop in the credit-worthiness of                                                                            2. Statutory Basis
                                                  the issuer, possibly resulting in a loss to
                                                  NSCC.
                                                                                                            7 As  part of its ongoing monitoring of its                 Pursuant to section 17A(b)(3)(F) of the
                                                                                                          membership, NSCC utilizes an internal credit risk          Act, NSCC’s Rules must be designed to
                                                     NSCC is proposing to address its                     rating matrix to rate its risk exposures to its            promote the prompt and accurate
                                                  exposure to this type of wrong-way risk                 Members based on a scale from 1 (the strongest) to         clearance and settlement of securities
                                                  in two steps. First, NSCC proposes in                   7 (the weakest). Members that fall within the higher
                                                                                                                                                                     transactions.13 Rule 17Ad–22(b)(1),
                                                  this filing to enhance its margin                       risk rating categories (i.e. 5, 6, and 7) are considered
                                                                                                                                                                     promulgated under the Act, requires
                                                  methodology as applied to the family-                   on NSCC’s ‘‘Watch List’’, and may be subject to
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                                                                                                          enhanced surveillance or additional margin                 NSCC to measure its credit exposures to
                                                  issued securities of its Members that are                                                                          its participants at least once a day and
                                                                                                          charges, as permitted under NSCC’s Rules. See
                                                                                                          Section 4 of Rule 2B and section I(B)(1) of                limit its exposures to potential losses
                                                    6 See Principles for financial market
                                                                                                          Procedure XV of NSCC’s Rules, supra Note 5.                from defaults by its participants under
                                                  infrastructures, issued by the Committee on                8 15 U.S.C. 78s(b)(1).
                                                  Payment and Settlement Systems and the Technical
                                                                                                             9 12 U.S.C. 5465(e)(1).                                  11 15
                                                  Committee of the International Organization of                                                                            U.S.C. 78s(b)(1).
                                                                                                             10 The Commission notes that Exhibit 5 is                12 12 U.S.C. 5465(e)(1).
                                                  Securities Commissions 47 n.65 (April 2012),
                                                  available at http://www.bis.org/publ/cpss101a.pdf.      attached to the filing, not to this Notice.                 13 5 U.S.C. 78q–1(b)(3)(F).




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                                                                           Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices                                                 53221

                                                  normal market conditions so that the                    Second, by limiting NSCC’s exposures                  Comments may be submitted by any of
                                                  operations of the clearing agency would                 to losses that it may face in clearing                the following methods:
                                                  not be disrupted and non-defaulting                     family-issued securities of such
                                                  participants would not be exposed to                                                                          Electronic Comments
                                                                                                          Members, the proposed rule change
                                                  losses that they cannot anticipate or                   would contribute to the goal of                         • Use the Commission’s Internet
                                                  control.14 Rule 17Ad–22(b)(2),                          maintaining financial stability in the                comment form (http://www.sec.gov/
                                                  promulgated under the Act, requires                     event of the default of a Member on the               rules/sro.shtml); or
                                                  NSCC to use risk-based models for                       Watch List, which would help facilitate
                                                  setting margin requirements.15                          the prompt and accurate clearance and                   • Send an email to rule-comments@
                                                     By enhancing the margin                              settlement of securities transactions and             sec.gov. Please include File Number SR–
                                                  methodology as applied to the family-                   protect investors and the public interest,            NSCC–2015–003 on the subject line.
                                                  issued securities of its Members that are               in furtherance of the requirements of the             Paper Comments
                                                  on its Watch List, the proposed rule                    Act applicable to NSCC, as discussed
                                                  change would assist NSCC in collecting                  above.                                                  • Send paper comments in triplicate
                                                  margin that more accurately reflects the                  As such, NSCC believes any burden                   to Brent J. Fields, Secretary, Securities
                                                  risk characteristics of these securities,               on competition resulting from the                     and Exchange Commission, 100 F Street
                                                  thereby limiting NSCC’s exposures to                    proposed rule change would be both                    NE., Washington, DC 20549–1090.
                                                  potential losses from defaults by these                 necessary and appropriate in                          All submissions should refer to File
                                                  Members under normal market                             furtherance of the purposes of the Act,               Number SR–NSCC–2015–003. This file
                                                  conditions. By more closely capturing                   in particular section 17A(b)(3)(F) of the             number should be included on the
                                                  the risk characteristics of these                       Act and Rule 17Ad–22(b)(1) and (2),                   subject line if email is used. To help the
                                                  positions, the proposed enhancement to                  promulgated under the Act, cited above.               Commission process and review your
                                                  the margining methodology would also
                                                                                                          (C) Clearing Agency’s Statement on                    comments more efficiently, please use
                                                  assist NSCC in its continuous efforts to
                                                                                                          Comments on the Proposed Rule                         only one method. The Commission will
                                                  ensure the reliability and effectiveness
                                                                                                          Change Received From Members,                         post all comments on the Commission’s
                                                  of its risk-based margining
                                                                                                          Participants, or Others                               Internet Web site (http://www.sec.gov/
                                                  methodology. In this way, the proposed
                                                                                                                                                                rules/sro.shtml). Copies of the
                                                  rule change would help NSCC, as a                         In November 2013, NSCC engaged in                   submission, all subsequent
                                                  central counterparty, maintain effective                outreach to its Members by providing                  amendments, all written statements
                                                  risk controls, contributing to the goal of              those Members with a description of the               with respect to the proposed rule
                                                  maintaining financial stability in the                  proposed rule change and the results of               change that are filed with the
                                                  event of a Member default.                              an impact study showing the potential
                                                     Therefore, NSCC believes the                                                                               Commission, and all written
                                                                                                          impact of this proposal on Members’                   communications relating to the
                                                  proposed rule change is consistent with                 Clearing Fund required deposits. NSCC
                                                  the requirements of the Act and the                                                                           proposed rule change between the
                                                                                                          did not receive any written comments                  Commission and any person, other than
                                                  rules and regulations promulgated                       relating to this proposed rule change in
                                                  thereunder applicable to NSCC, in                                                                             those that may be withheld from the
                                                                                                          response to this outreach. NSCC will                  public in accordance with the
                                                  particular section 17A(b)(3)(F) of the                  notify the Commission of any written
                                                  Act and Rule 17Ad–22(b)(1) and (2),                                                                           provisions of 5 U.S.C. 552, will be
                                                                                                          comments received by NSCC.                            available for Web site viewing and
                                                  promulgated under the Act, cited above.
                                                                                                          III. Date of Effectiveness of the                     printing in the Commission’s Public
                                                  (B) Clearing Agency’s Statement on                      Proposed Rule Change, and Timing for                  Reference Room, 100 F Street NE.,
                                                  Burden on Competition                                   Commission Action                                     Washington, DC 20549 on official
                                                     The proposed rule change may                                                                               business days between the hours of
                                                                                                            Within 45 days of the date of                       10:00 a.m. and 3:00 p.m. Copies of the
                                                  impose a burden on competition by
                                                                                                          publication of this notice in the Federal             filing also will be available for
                                                  applying the enhanced margining
                                                                                                          Register or within such longer period                 inspection and copying at the principal
                                                  methodology only to NSCC Members on
                                                                                                          up to 90 days (i) as the Commission may               office of NSCC and on DTCC’s Web site
                                                  NSCC’s Watch List. However, NSCC
                                                                                                          designate if it finds such longer period              (http://dtcc.com/legal/sec-rule-
                                                  believes any related burden on
                                                                                                          to be appropriate and publishes its                   filings.aspx). All comments received
                                                  competition would be necessary and
                                                                                                          reasons for so finding or (ii) as to which            will be posted without change; the
                                                  appropriate, as permitted by section
                                                                                                          the self-regulatory organization                      Commission does not edit personal
                                                  17A(b)(3)(I) of the Act for a number of
                                                                                                          consents, the Commission will:                        identifying information from
                                                  reasons.16
                                                     First, while NSCC will continue to                     (A) By order approve or disapprove                  submissions. You should submit only
                                                  review its exposures to wrong-way risk                  such a proposed rule change, or                       information that you wish to make
                                                  and will consider expanding the                           (B) institute proceedings to determine              available publicly. All submissions
                                                  application of the proposed margining                   whether the proposed rule change                      should refer to File Number SR–NSCC–
                                                  methodology to additional Members,                      should be disapproved.                                2015–003 and should be submitted on
                                                  NSCC has determined to initially limit                    The proposal shall not take effect                  or before September 23, 2015.
                                                  the applicability of the proposed rule                  until all regulatory actions required
                                                                                                                                                                  For the Commission, by the Division of
                                                  change to Members on its Watch List                     with respect to the proposal are                      Trading and Markets, pursuant to delegated
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                                                  because those Members present a                         completed.                                            authority.17
                                                  heightened credit risk to the clearing                  IV. Solicitation of Comments                          Robert W. Errett,
                                                  agency or have demonstrated a higher                                                                          Deputy Secretary.
                                                  risk in their ability to meet settlement.                 Interested persons are invited to
                                                                                                          submit written data, views and                        [FR Doc. 2015–21670 Filed 9–1–15; 8:45 am]
                                                    14 17 CFR 240.17Ad–22(b)(1).                          arguments concerning the foregoing,                   BILLING CODE 8011–01–P
                                                    15 17 CFR 240.17Ad–22(b)(2).                          including whether the proposed rule
                                                    16 5 U.S.C. 78q–1(b)(3)(I).                           change is consistent with the Act.                      17 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-26 10:10:41
Document Modified: 2018-02-26 10:10:41
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 Citation80 FR 53219 

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