80_FR_56063 80 FR 55883 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing of Advance Notice To Enhance NSCC's Margining Methodology as Applied to Family-Issued Securities of Certain NSCC Members

80 FR 55883 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing of Advance Notice 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 180 (September 17, 2015)

Page Range55883-55885
FR Document2015-23283

Federal Register, Volume 80 Issue 180 (Thursday, September 17, 2015)
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Notices]
[Pages 55883-55885]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23283]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75899; File No. SR-NSCC-2015-803])


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

September 11, 2015.
    Pursuant to section 806(e)(1) of title VIII of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act entitled the Payment, 
Clearing, and Settlement Supervision Act of 2010 \1\ (``Clearing 
Supervision Act'') and Rule 19b-4(n)(1)(i) \2\ under the Securities 
Exchange Act of 1934 (``Act''), notice is hereby given that on August 
14, 2015, National Securities Clearing Corporation (``NSCC'') filed 
with the Securities and Exchange Commission (``Commission'') the 
advance notice SR-NSCC-2015-803 (``Advance Notice'') as described in 
Items I and II below, which Items have been prepared by NSCC.\3\ The 
Commission is publishing this notice to solicit comments on the Advance 
Notice from interested persons.
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    \1\ 12 U.S.C. 5465(e)(1).
    \2\ 17 CFR 240.19b-4(n)(1)(i).
    \3\ On August 14, 2015, NSCC filed this Advance Notice as a 
proposed rule change (SR-NSCC-2015-003) with the Commission pursuant 
to section 19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), and Rule 19b-4, 
17 CFR 240.19b-4. A copy of the proposed rule change is available at 
http://www.dtcc.com/legal/sec-rule-filings.aspx.
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I. Clearing Agency's Statement of the Terms of Substance of the Advance 
Notice

    This Advance Notice consists of amendments to NSCC's Rules & 
Procedures (``Rules'') in order to enhance NSCC's margining methodology 
as applied to family-issued

[[Page 55884]]

securities of those NSCC Members \4\ that are placed on NSCC's ``Watch 
List'', i.e. those Member [sic] 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.
---------------------------------------------------------------------------

    \4\ 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 Advance Notice

    In its filing with the Commission, NSCC included statements 
concerning the purpose of and basis for the Advance Notice and 
discussed any comments it received on the Advance Notice. 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 and B 
below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement on Comments on the Advance Notice 
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 proposal 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 proposal in response to 
this outreach. NSCC will notify the Commission of any written comments 
received by NSCC.

(B) Advance Notice Filed Pursuant to Section 806(e) of the Payment, 
Clearing and Settlement Supervision Act

Description of Change
    NSCC is proposing to enhance its margin methodology as applied to 
the family-issued securities of its Members that are on its Watch List 
\5\ 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,\6\ and the rules thereunder, or an advance notice with the 
Commission pursuant to section 806(e)(1) of the Clearing Supervision 
Act,\7\ and the rules thereunder.
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    \5\ 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 1 [sic].
    \6\ 15 U.S.C. 78s(b)(1).
    \7\ 12 U.S.C. 5465(e)(1).
---------------------------------------------------------------------------

Anticipated Effect on and Management of Risk
    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.\8\ 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.
---------------------------------------------------------------------------

    \8\ 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.
---------------------------------------------------------------------------

    Therefore, the overall impact of NSCC's proposal, as described 
above, on risks presented by NSCC would be to reduce NSCC's exposure to 
this type of wrong-way risk by enhancing its margin methodology as 
applied to the family-issued securities of its Members that are on its 
Watch List, and present a heightened credit risk to the clearing agency 
or have demonstrated higher risk related to their ability to meet 
settlement. NSCC believes a reduction in its exposures to wrong-way 
risk through a margining methodology that more effectively capture 
[sic] the risk characteristics of these positions would contribute to 
the goal of maintaining financial stability in the event of a Member 
default and reduce systemic risk overall. 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 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

[[Page 55885]]

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,\9\ and the rules 
thereunder and an advance notice pursuant to section 806(e)(1) of the 
Clearing Supervision Act,\10\ and the rules thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(1).
    \10\ 12 U.S.C. 5465(e)(1).
---------------------------------------------------------------------------

    Consistency with the Clearing Supervision Act. The objectives and 
principles of section 805(b)(1) of the Clearing Supervision Act specify 
the promotion of robust risk management, promotion of safety and 
soundness, reduction of systemic risks and support of the stability of 
the broader financial system.\11\ 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 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.\12\ Rule 17Ad-22(b)(2), promulgated 
under the Act, requires NSCC to use risk-based models for setting 
margin requirements.\13\
---------------------------------------------------------------------------

    \11\ 12 U.S.C. 5464(b)(1).
    \12\ 17 CFR 240.17Ad-22(b)(1).
    \13\ 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 proposal 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 proposal 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 proposal is consistent with the requirements of section 
805(b)(1) of the Clearing Supervision Act and Rule 17Ad-22(b)(1) and 
(2), promulgated under the Act, cited above.

III. Date of Effectiveness of the Advance Notice, and Timing for 
Commission Action

    The proposed change may be implemented if the Commission does not 
object to the proposed change within 60 days of the later of (i) the 
date that the proposed change was filed with the Commission or (ii) the 
date that any additional information requested by the Commission is 
received. NSCC shall not implement the proposed change if the 
Commission has any objection to the proposed change.
    The Commission may extend the period for review by an additional 60 
days if the proposed change raises novel or complex issues, subject to 
the Commission providing NSCC with prompt written notice of the 
extension. The proposed change may be implemented in less than 60 days 
from the date the Advance Notice is filed, or the date further 
information requested by the Commission is received, if the Commission 
notifies NSCC in writing that it does not object to the proposed change 
and authorizes NSCC to implement the proposed change on an earlier 
date, subject to any conditions imposed by the Commission.
    NSCC shall post notice on its Web site of proposed changes that are 
implemented.
    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 Advance 
Notice is consistent with the Clearing Supervision 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-2015-803 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-2015-803. 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 Advance Notice that are filed 
with the Commission, and all written communications relating to the 
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 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-2015-803 and should be submitted on 
or before October 8, 2015.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2015-23283 Filed 9-16-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                         Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices                                                      55883

                                              other exchanges, including EDGX                           of the Act 12 and paragraph (f) of Rule                   submissions. You should submit only
                                              Exchange, Inc. (‘‘EDGX’’), which                          19b–4 thereunder.13 At any time within                    information that you wish to make
                                              maintains a Tape B Step Up tier to                        60 days of the filing of the proposed rule                available publicly. All submissions
                                              incentivize added liquidity in Tape B                     change, the Commission summarily may                      should refer to File Number SR–BATS–
                                              securities.11                                             temporarily suspend such rule change if                   2015–74, and should be submitted on or
                                                                                                        it appears to the Commission that such                    before October 8, 2015.
                                              B. Self-Regulatory Organization’s
                                                                                                        action is necessary or appropriate in the                   For the Commission, by the Division of
                                              Statement on Burden on Competition
                                                                                                        public interest, for the protection of                    Trading and Markets, pursuant to delegated
                                                 The Exchange does not believe its                      investors, or otherwise in furtherance of                 authority.14
                                              proposed amendments to its Fee                            the purposes of the Act.                                  Brent J. Fields,
                                              Schedule would impose any burden on                                                                                 Secretary.
                                                                                                        IV. Solicitation of Comments
                                              competition that is not necessary or                                                                                [FR Doc. 2015–23286 Filed 9–16–15; 8:45 am]
                                              appropriate in furtherance of the                           Interested persons are invited to
                                                                                                        submit written data, views, and                           BILLING CODE 8011–01–P
                                              purposes of the Act. The Exchange does
                                              not believe that the proposed changes                     arguments concerning the foregoing,
                                              represent a significant departure from                    including whether the proposed rule
                                                                                                        change is consistent with the Act.                        SECURITIES AND EXCHANGE
                                              previous pricing offered by the                                                                                     COMMISSION
                                              Exchange or pricing offered by the                        Comments may be submitted by any of
                                              Exchange’s competitors. Additionally,                     the following methods:
                                              Members may opt to disfavor the                                                                                     [Release No. 34–75899; File No. SR–NSCC–
                                                                                                        Electronic Comments                                       2015–803])
                                              Exchange’s pricing if they believe that
                                              alternatives offer them better value.                       • Use the Commission’s Internet
                                                                                                        comment form (http://www.sec.gov/                         Self-Regulatory Organizations;
                                              Accordingly, the Exchange does not                                                                                  National Securities Clearing
                                              believe that the proposed change will                     rules/sro.shtml); or
                                              impair the ability of Members or                            • Send an email to rule-comments@                       Corporation; Notice of Filing of
                                                                                                        sec.gov. Please include File Number SR–                   Advance Notice To Enhance NSCC’s
                                              competing venues to maintain their                                                                                  Margining Methodology as Applied to
                                              competitive standing in the financial                     BATS–2015–74 on the subject line.
                                                                                                                                                                  Family-Issued Securities of Certain
                                              markets.                                                  Paper Comments                                            NSCC Members
                                                 The Exchange does not believe that                        • Send paper comments in triplicate
                                              the proposed new tier would burden                                                                                  September 11, 2015.
                                                                                                        to Brent J. Fields, Secretary, Securities
                                              competition, but instead, enhances                        and Exchange Commission, 100 F Street                        Pursuant to section 806(e)(1) of title
                                              competition, as they [sic] are intended                   NE., Washington, DC 20549–1090.                           VIII of the Dodd-Frank Wall Street
                                              to increase the competitiveness of and                       All submissions should refer to File                   Reform and Consumer Protection Act
                                              draw additional volume to the                             Number SR–BATS–2015–74. This file                         entitled the Payment, Clearing, and
                                              Exchange. As stated above, the                            number should be included on the                          Settlement Supervision Act of 2010 1
                                              Exchange notes that it operates in a                      subject line if email is used. To help the                (‘‘Clearing Supervision Act’’) and Rule
                                              highly competitive market in which                        Commission process and review your                        19b–4(n)(1)(i) 2 under the Securities
                                              market participants can readily direct                    comments more efficiently, please use                     Exchange Act of 1934 (‘‘Act’’), notice is
                                              order flow to competing venues if the                     only one method. The Commission will                      hereby given that on August 14, 2015,
                                              deem fee structures to be unreasonable                    post all comments on the Commission’s                     National Securities Clearing Corporation
                                              or excessive. The proposed changes are                    Internet Web site (http://www.sec.gov/                    (‘‘NSCC’’) filed with the Securities and
                                              generally intended to enhance the                         rules/sro.shtml). Copies of the                           Exchange Commission (‘‘Commission’’)
                                              rebates for liquidity added to the                        submission, all subsequent                                the advance notice SR–NSCC–2015–803
                                              Exchange, which is intended to draw                       amendments, all written statements                        (‘‘Advance Notice’’) as described in
                                              additional liquidity to the Exchange.                     with respect to the proposed rule                         Items I and II below, which Items have
                                              The Exchange does not believe the                         change that are filed with the                            been prepared by NSCC.3 The
                                              proposed tier would burden intramarket                    Commission, and all written                               Commission is publishing this notice to
                                              competition as they [sic] would apply to                  communications relating to the                            solicit comments on the Advance Notice
                                              all Members uniformly.                                    proposed rule change between the                          from interested persons.
                                              C. Self-Regulatory Organization’s                         Commission and any person, other than
                                                                                                                                                                  I. Clearing Agency’s Statement of the
                                              Statement on Comments on the                              those that may be withheld from the
                                                                                                                                                                  Terms of Substance of the Advance
                                              Proposed Rule Change Received From                        public in accordance with the
                                                                                                                                                                  Notice
                                              Members, Participants, or Others                          provisions of 5 U.S.C. 552, will be
                                                                                                        available for Web site viewing and                          This Advance Notice consists of
                                                The Exchange has not solicited, and                     printing in the Commission’s Public                       amendments to NSCC’s Rules &
                                              does not intend to solicit, comments on                   Reference Room, 100 F Street NE.,                         Procedures (‘‘Rules’’) in order to
                                              this proposed rule change. The                            Washington, DC 20549 on official                          enhance NSCC’s margining
                                              Exchange has not received any                             business days between the hours of                        methodology as applied to family-issued
                                              unsolicited written comments from                         10:00 a.m. and 3:00 p.m. Copies of such
                                              Members or other interested parties.                      filing also will be available for                           14 17 CFR 200.30–3(a)(12).
                                              III. Date of Effectiveness of the                         inspection and copying at the principal                     1 12 U.S.C. 5465(e)(1).
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Proposed Rule Change and Timing for                       office of the Exchange. All comments                        2 17 CFR 240.19b–4(n)(1)(i).

                                              Commission Action                                         received will be posted without change;                     3 On August 14, 2015, NSCC filed this Advance

                                                                                                        the Commission does not edit personal                     Notice as a proposed rule change (SR–NSCC–2015–
                                                 The foregoing rule change has become                   identifying information from                              003) with the Commission pursuant to section
                                              effective pursuant to Section 19(b)(3)(A)                                                                           19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), and Rule
                                                                                                                                                                  19b–4, 17 CFR 240.19b–4. A copy of the proposed
                                                                                                          12 15   U.S.C. 78s(b)(3)(A).                            rule change is available at http://www.dtcc.com/
                                                11 See   EDGX fee schedule, footnote 2.                   13 17   CFR 240.19b–4(f).                               legal/sec-rule-filings.aspx.



                                         VerDate Sep<11>2014     17:30 Sep 16, 2015   Jkt 235001   PO 00000   Frm 00058     Fmt 4703     Sfmt 4703   E:\FR\FM\17SEN1.SGM    17SEN1


                                              55884                       Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices

                                              securities of those NSCC Members 4 that                    determined based on the Member’s                     exposure to wrong-way risk when it acts
                                              are placed on NSCC’s ‘‘Watch List’’, i.e.                  rating on the credit risk rating matrix              as central counterparty to a Member
                                              those Member [sic] who present a                           and the type of family-issued security               with respect to positions in securities
                                              heightened credit risk to NSCC or have                     submitted to NSCC. Fixed income                      that are issued by that Member or that
                                              demonstrated higher risk related to their                  securities that are family-issued                    Member’s affiliate. These positions are
                                              ability to meet settlement, as more fully                  securities would be charged a haircut                referred to as ‘‘family-issued securities.’’
                                              described below.                                           rate of no less than 80% for firms that              In the event that a Member with
                                                                                                         are rated 6 or 7 on the credit risk rating           unsettled long positions in family-
                                              II. Clearing Agency’s Statement of the
                                                                                                         matrix, and no less than 40% for firms               issued securities defaults, NSCC would
                                              Purpose of, and Statutory Basis for, the
                                                                                                         that are rated 5 on the credit risk rating           close out those positions following a
                                              Advance Notice
                                                                                                         matrix; and equity securities that are               likely drop in the credit-worthiness of
                                                 In its filing with the Commission,                      family-issued securities would be                    the issuer, possibly resulting in a loss to
                                              NSCC included statements concerning                        charged a haircut rate of 100% for firms             NSCC.
                                              the purpose of and basis for the                           that are rated 6 or 7 on the credit risk                Therefore, the overall impact of
                                              Advance Notice and discussed any                           rating matrix, and no less than 50% for              NSCC’s proposal, as described above, on
                                              comments it received on the Advance                        firms that are rated 5 on the credit risk            risks presented by NSCC would be to
                                              Notice. The text of these statements may                   rating matrix. NSCC would have the                   reduce NSCC’s exposure to this type of
                                              be examined at the places specified in                     authority to adjust these haircut rates              wrong-way risk by enhancing its margin
                                              Item IV below. NSCC has prepared                           from time to time within these                       methodology as applied to the family-
                                              summaries, set forth in sections A and                     parameters as described in Procedure                 issued securities of its Members that are
                                              B below, of the most significant aspects                   XV of NSCC’s Rules without filing a                  on its Watch List, and present a
                                              of such statements.                                        proposed rule change with the                        heightened credit risk to the clearing
                                              (A) Clearing Agency’s Statement on                         Commission pursuant to section 19(b)(1)              agency or have demonstrated higher risk
                                              Comments on the Advance Notice                             of the Act,6 and the rules thereunder, or            related to their ability to meet
                                                                                                         an advance notice with the Commission                settlement. NSCC believes a reduction
                                              Received From Members, Participants,
                                                                                                         pursuant to section 806(e)(1) of the                 in its exposures to wrong-way risk
                                              or Others
                                                                                                         Clearing Supervision Act,7 and the rules             through a margining methodology that
                                                In November 2013, NSCC engaged in                                                                             more effectively capture [sic] the risk
                                                                                                         thereunder.
                                              outreach to its Members by providing                                                                            characteristics of these positions would
                                              those Members with a description of the                    Anticipated Effect on and Management                 contribute to the goal of maintaining
                                              proposal and the results of an impact                      of Risk                                              financial stability in the event of a
                                              study showing the potential impact of                                                                           Member default and reduce systemic
                                                                                                            As a central counterparty, NSCC
                                              this proposal on Members’ Clearing                                                                              risk overall. Because NSCC Members
                                                                                                         occupies an important role in the
                                              Fund required deposits. NSCC did not                                                                            that are on its Watch List present a
                                                                                                         securities settlement system by
                                              receive any written comments relating                                                                           heightened credit risk to the clearing
                                                                                                         interposing itself between
                                              to this proposal in response to this                                                                            agency or have demonstrated higher risk
                                                                                                         counterparties to financial transactions
                                              outreach. NSCC will notify the                                                                                  related to their ability to meet
                                                                                                         and thereby reducing the risk faced by
                                              Commission of any written comments                                                                              settlement, NSCC believes that this
                                                                                                         participants and contributing to global
                                              received by NSCC.                                                                                               charge would more effectively capture
                                                                                                         financial stability. The effectiveness of a
                                              (B) Advance Notice Filed Pursuant to                                                                            the risk characteristics of these positions
                                                                                                         central counterparty’s risk controls and
                                              Section 806(e) of the Payment, Clearing                                                                         and can help mitigate NSCC’s exposure
                                                                                                         the adequacy of its financial resources
                                              and Settlement Supervision Act                                                                                  to wrong-way risk.
                                                                                                         are critical to achieving these risk-                   NSCC will continue to evaluate its
                                              Description of Change                                      reducing goals. In that context, NSCC                exposures to wrong-way risk,
                                                                                                         continuously reviews its margining                   specifically wrong-way risk presented
                                                NSCC is proposing to enhance its                         methodology in order to ensure the
                                              margin methodology as applied to the                                                                            by family-issued securities, including by
                                                                                                         reliability of its margining in achieving            reviewing the impact of expanding the
                                              family-issued securities of its Members                    the desired coverage. In order to be most
                                              that are on its Watch List 5 by excluding                                                                       application of the proposed margining
                                                                                                         effective, NSCC must take into                       methodology to the family-issued
                                              these securities from the volatility                       consideration the risk characteristics
                                              component, or ‘‘VaR’’ charge, and then                                                                          securities of those Members that are not
                                                                                                         specific to certain securities when                  on the Watch List. NSCC is proposing to
                                              charging an amount calculated by                           margining those securities.
                                              multiplying the absolute value of the                                                                           apply the enhanced margining
                                                                                                            Among the various risks that NSCC                 methodology to the family-issued
                                              long net unsettled positions in that                       considers when evaluating the
                                              Member’s family-issued securities by a                                                                          securities of Members that are on the
                                                                                                         effectiveness of its margining                       Watch List at this time because, as
                                              percentage that is no less than 40%. The                   methodology are its counterparty risks
                                              haircut rate to be charged would be                                                                             stated above, these Members present a
                                                                                                         and identification and mitigation of                 heightened credit risk to the clearing
                                                 4 Terms not defined herein are defined in the
                                                                                                         ‘‘wrong-way’’ risk, particularly specific            agency or have demonstrated higher risk
                                              Rules, available at http://dtcc.com/∼/media/Files/
                                                                                                         wrong-way risk, defined as the risk that             related to their ability to meet
                                              Downloads/legal/rules/nscc_rules.pdf.                      an exposure to a counterparty is highly              settlement. As such, there is a clear and
                                                 5 As part of its ongoing monitoring of its              likely to increase when the                          more urgent need to address NSCC’s
                                              membership, NSCC utilizes an internal credit risk          creditworthiness of that counterparty                exposure to wrong-way risk presented
                                              rating matrix to rate its risk exposures to its
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                                                                                                         deteriorates.8 NSCC has identified an                by these firms’ family-issued securities.
                                              Members based on a scale from 1 (the strongest) to
                                              7 (the weakest). Members that fall within the higher
                                                                                                           6 15
                                                                                                                                                              However, any future change to the
                                              risk rating categories (i.e. 5, 6, and 7) are considered          U.S.C. 78s(b)(1).
                                                                                                           7 12 U.S.C. 5465(e)(1).
                                                                                                                                                              margining methodology as applied to
                                              on NSCC’s ‘‘Watch List’’, and may be subject to
                                              enhanced surveillance or additional margin                   8 See Principles for financial market              the family-issued securities of Members
                                              charges, as permitted under NSCC’s Rules. See              infrastructures, issued by the Committee on
                                              Section 4 of Rule 2B and section I(B)(1) of                Payment and Settlement Systems and the Technical     Securities Commissions 47 n.65 (April 2012),
                                              Procedure XV of NSCC’s Rules, supra Note 1 [sic].          Committee of the International Organization of       available at http://www.bis.org/publ/cpss101a.pdf.



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                                                                       Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices                                                 55885

                                              that are not on the Watch List would be                 III. Date of Effectiveness of the Advance             only one method. The Commission will
                                              subject to a separate proposed rule                     Notice, and Timing for Commission                     post all comments on the Commission’s
                                              change pursuant to section 19(b)(1) of                  Action                                                Internet Web site (http://www.sec.gov/
                                              the Act,9 and the rules thereunder and                    The proposed change may be                          rules/sro.shtml). Copies of the
                                              an advance notice pursuant to section                   implemented if the Commission does                    submission, all subsequent
                                              806(e)(1) of the Clearing Supervision                   not object to the proposed change                     amendments, all written statements
                                              Act,10 and the rules thereunder.                        within 60 days of the later of (i) the date           with respect to the Advance Notice that
                                                                                                      that the proposed change was filed with               are filed with the Commission, and all
                                                 Consistency with the Clearing                                                                              written communications relating to the
                                              Supervision Act. The objectives and                     the Commission or (ii) the date that any
                                                                                                      additional information requested by the               Advance Notice between the
                                              principles of section 805(b)(1) of the                                                                        Commission and any person, other than
                                              Clearing Supervision Act specify the                    Commission is received. NSCC shall not
                                                                                                      implement the proposed change if the                  those that may be withheld from the
                                              promotion of robust risk management,                                                                          public in accordance with the
                                              promotion of safety and soundness,                      Commission has any objection to the
                                                                                                      proposed change.                                      provisions of 5 U.S.C. 552, will be
                                              reduction of systemic risks and support                                                                       available for Web site viewing and
                                                                                                        The Commission may extend the
                                              of the stability of the broader financial                                                                     printing in the Commission’s Public
                                                                                                      period for review by an additional 60
                                              system.11 Rule 17Ad–22(b)(1),                                                                                 Reference Room, 100 F Street NE.,
                                                                                                      days if the proposed change raises novel
                                              promulgated under the Act, requires                                                                           Washington, DC 20549 on official
                                                                                                      or complex issues, subject to the
                                              NSCC to measure its credit exposures to                 Commission providing NSCC with                        business days between the hours of
                                              its participants at least once a day and                prompt written notice of the extension.               10:00 a.m. and 3:00 p.m. Copies of the
                                              limit its exposures to potential losses                 The proposed change may be                            filing also will be available for
                                              from defaults by its participants under                 implemented in less than 60 days from                 inspection and copying at the principal
                                              normal market conditions so that the                    the date the Advance Notice is filed, or              office of NSCC and on DTCC’s Web site
                                              operations of the clearing agency would                 the date further information requested                (http://dtcc.com/legal/sec-rule-
                                              not be disrupted and non-defaulting                     by the Commission is received, if the                 filings.aspx). All comments received
                                              participants would not be exposed to                    Commission notifies NSCC in writing                   will be posted without change; the
                                              losses that they cannot anticipate or                   that it does not object to the proposed               Commission does not edit personal
                                              control.12 Rule 17Ad–22(b)(2),                          change and authorizes NSCC to                         identifying information from
                                              promulgated under the Act, requires                     implement the proposed change on an                   submissions. You should submit only
                                              NSCC to use risk-based models for                       earlier date, subject to any conditions               information that you wish to make
                                              setting margin requirements.13                          imposed by the Commission.                            available publicly. All submissions
                                                                                                        NSCC shall post notice on its Web site              should refer to File Number SR–NSCC–
                                                 By enhancing the margin                                                                                    2015–803 and should be submitted on
                                              methodology as applied to the family-                   of proposed changes that are
                                                                                                      implemented.                                          or before October 8, 2015.
                                              issued securities of its Members that are
                                                                                                        The proposal shall not take effect                    By the Commission.
                                              on its Watch List the proposal would
                                                                                                      until all regulatory actions required                 Brent J. Fields,
                                              assist NSCC in collecting margin that                   with respect to the proposal are                      Secretary.
                                              more accurately reflects the risk                       completed.                                            [FR Doc. 2015–23283 Filed 9–16–15; 8:45 am]
                                              characteristics of these securities,
                                              thereby limiting NSCC’s exposures to                    IV. Solicitation of Comments                          BILLING CODE 8011–01–P

                                              potential losses from defaults by these                    Interested persons are invited to
                                              Members under normal market                             submit written data, views and                        SECURITIES AND EXCHANGE
                                              conditions. By more closely capturing                   arguments concerning the foregoing,                   COMMISSION
                                              the risk characteristics of these                       including whether the Advance Notice
                                              positions, the proposed enhancement to                  is consistent with the Clearing                       [Investment Company Act Release No.
                                                                                                                                                            31819; 812–14416]
                                              the margining methodology would also                    Supervision Act. Comments may be
                                              assist NSCC in its continuous efforts to                submitted by any of the following                     Pomona Investment Fund, et al.;
                                              ensure the reliability and effectiveness                methods:                                              Notice of Application
                                              of its risk-based margining                             Electronic Comments
                                              methodology. In this way, the proposal                                                                        September 11, 2015.
                                              would help NSCC, as a central                             • Use the Commission’s Internet                     AGENCY:  Securities and Exchange
                                              counterparty, maintain effective risk                   comment form (http://www.sec.gov/                     Commission (‘‘Commission’’).
                                              controls, contributing to the goal of                   rules/sro.shtml); or                                  ACTION: Notice of an application under
                                                                                                        • Send an email to rule-comments@                   section 6(c) of the Investment Company
                                              maintaining financial stability in the
                                                                                                      sec.gov. Please include File Number SR–               Act of 1940 (the ‘‘Act’’) for an
                                              event of a Member default. Therefore,
                                                                                                      NSCC–2015–803 on the subject line.                    exemption from sections 18(c) and 18(i)
                                              NSCC believes the proposal is
                                              consistent with the requirements of                     Paper Comments                                        of the Act and for an order pursuant to
                                              section 805(b)(1) of the Clearing                                                                             section 17(d) of the Act and rule 17d–
                                                                                                        • Send paper comments in triplicate                 1 under the Act.
                                              Supervision Act and Rule 17Ad-22(b)(1)                  to Brent J. Fields, Secretary, Securities
                                              and (2), promulgated under the Act,                     and Exchange Commission, 100 F Street                 SUMMARY OF APPLICATION:    Applicants
                                              cited above.                                            NE., Washington, DC 20549–1090.
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                                                                                                                                                            request an order to permit certain
                                                                                                      All submissions should refer to File                  registered closed-end management
                                                9 15 U.S.C. 78s(b)(1).                                Number SR–NSCC–2015–803. This file                    investment companies to issue multiple
                                                10 12 U.S.C. 5465(e)(1).                              number should be included on the                      classes of shares (‘‘Shares’’) and to
                                                11 12 U.S.C. 5464(b)(1).                              subject line if email is used. To help the            impose asset-based distribution and
                                                12 17 CFR 240.17Ad–22(b)(1).                          Commission process and review your                    service fees and contingent deferred
                                                13 17 CFR 240.17Ad–22(b)(2).                          comments more efficiently, please use                 sales loads (‘‘CDSCs’’).


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Document Created: 2015-12-15 09:33:35
Document Modified: 2015-12-15 09:33:35
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 55883 

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