80_FR_61440 80 FR 61244 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of No Objection to Advance Notice Filing To Enhance NSCC's Margining Methodology as Applied to Family-Issued Securities of Certain NSCC Members

80 FR 61244 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of No Objection to Advance Notice Filing 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 196 (October 9, 2015)

Page Range61244-61246
FR Document2015-25700

Federal Register, Volume 80 Issue 196 (Friday, October 9, 2015)
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61244-61246]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25700]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76075; File No. SR-NSCC-2015-803]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of No Objection to Advance Notice Filing To Enhance 
NSCC's Margining Methodology as Applied to Family-Issued Securities of 
Certain NSCC Members

October 5, 2015.
    National Securities Clearing Corporation (``NSCC'') filed on August 
14, 2015 with the Securities and Exchange Commission (``Commission'') 
advance notice SR-NSCC-2015-803 (``Advance Notice'') pursuant to 
Section 806(e)(1) of the Payment, Clearing, and Settlement Supervision 
Act of 2010 (``Payment, Clearing and Settlement Supervision Act'') \1\ 
and Rule 19b-4(n)(1)(i) \2\ under the Securities Exchange Act of 1934 
(``Exchange Act'') to change its margin charge with respect to a 
member's positions in securities that are issued by such member or its 
affiliate (i.e., ``family-issued securities'') by excluding positions 
in these securities, when the member is on NSCC's Watch List,\3\ from 
its volatility margining model. The Advance Notice was published for 
comment in the Federal Register on September 17, 2015.\4\ The 
Commission did not receive any comments on the Advance Notice. This 
publication serves as notice of no objection to the Advance Notice.
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 5465(e)(1). The Financial Stability Oversight 
Council designated NSCC a systemically important financial market 
utility on July 18, 2012. See Financial Stability Oversight Council 
2012 Annual Report, Appendix A, http://www.treasury.gov/initiatives/fsoc/Documents/2012%20Annual%20Report.pdf. Therefore, NSCC is 
required to comply with the Payment, Clearing and Settlement 
Supervision Act and file advance notices with the Commission. See 12 
U.S.C. 5465(e).
    \2\ 17 CFR 240.19b-4(n)(1)(i).
    \3\ 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 weakest three rating 
categories (i.e., 5, 6, and 7) are placed on NSCC's ``Watch List'' 
and, as provided under NSCC's Rules and Procedures (``Rules''), may 
be subject to enhanced surveillance or additional margin charges. 
See Section 4 of Rule 2B and Section I(B)(1) of Procedure XV of 
NSCC's Rules, available at http://dtcc.com/~/media/Files/Downloads/
legal/rules/nscc_rules.pdf.
    \4\ See Securities Exchange Act Release No. 75899 (September 11, 
2015), 80 FR 55883 (September 17, 2015) (File No. SR-NSCC-2015-803). 
NSCC also filed a proposed rule change with the Commission pursuant 
to Section 19(b)(1) of the Exchange Act and Rule 19b-4 thereunder, 
seeking approval of changes to its Rules necessary to implement the 
Advance Notice. 15 U.S.C. 78s(b)(1) and 17 CFR 240.19b-4, 
respectively. This proposed rule change was published in the Federal 
Register on September 2, 2015. Securities Exchange Act Release No. 
75768 (August 27, 2015), 80 FR 53219 (September 2, 2015) (SR-NSCC-
2015-003).
---------------------------------------------------------------------------

I. Description of the Advance Notice

    As described by NSCC in the Advance Notice, NSCC has proposed 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 will 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 will 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 will 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 will 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 
Exchange Act,\6\ and the rules thereunder, or an advance notice with 
the Commission pursuant to Section 806(e)(1) of the Payment, Clearing 
and Settlement Supervision Act,\7\ and the rules thereunder.
---------------------------------------------------------------------------

    \5\ See Section 4 of Rule 2B and Section I(B)(1) of Procedure XV 
of NSCC's Rules, supra Note 3.
    \6\ 15 U.S.C. 78s(b)(1).
    \7\ 12 U.S.C. 5465(e)(1).
---------------------------------------------------------------------------

    As described by NSCC in the Advance Notice, NSCC, as a central 
counterparty (``CCP''), 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 CCP'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 a CCP 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

[[Page 61245]]

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 will 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 captures the 
risk characteristics of these positions will 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 will more effectively 
capture the risk characteristics of these positions and can help 
mitigate NSCC's exposure to wrong-way risk.
    NSCC stated in the Advance Notice that it 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 
Exchange Act,\9\ and the rules thereunder and an advance notice 
pursuant to Section 806(e)(1) of the Payment, Clearing and Settlement 
Supervision Act,\10\ and the rules thereunder.
---------------------------------------------------------------------------

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

II. Discussion and Commission Findings

    Although the Payment, Clearing and Settlement Supervision Act does 
not specify a standard of review for an advance notice, the Commission 
believes that the stated purpose of the Payment, Clearing and 
Settlement Supervision Act is instructive.\11\ The stated purpose of 
the Payment, Clearing and Settlement Supervision Act is to mitigate 
systemic risk in the financial system and promote financial stability 
by, among other things, promoting uniform risk management standards for 
systemically important financial market utilities and strengthening the 
liquidity of systemically important financial market utilities.\12\
---------------------------------------------------------------------------

    \11\ See 12 U.S.C. 5461(b).
    \12\ Id.
---------------------------------------------------------------------------

    Section 805(a)(2) of the Payment, Clearing and Settlement 
Supervision Act \13\ authorizes the Commission to prescribe risk 
management standards for the payment, clearing, and settlement 
activities of designated clearing entities and financial institutions 
engaged in designated activities for which it is the supervisory agency 
or the appropriate financial regulator. Section 805(b) of the Payment, 
Clearing and Settlement Supervision Act \14\ states that the objectives 
and principles for the risk management standards prescribed under 
Section 805(a) shall be to:
---------------------------------------------------------------------------

    \13\ 12 U.S.C. 5464(a)(2).
    \14\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------

     Promote robust risk management;
     promote safety and soundness;
     reduce systemic risks; and
     support the stability of the broader financial system.
    The Commission has adopted risk management standards under Section 
805(a)(2) of the Payment, Clearing and Settlement Supervision Act 
(``Clearing Agency Standards'') and the Exchange Act.\15\ The Clearing 
Agency Standards became effective on January 2, 2013, and require 
registered clearing agencies to establish, implement, maintain, and 
enforce written policies and procedures that are reasonably designed to 
meet certain minimum requirements for their operations and risk 
management practices on an ongoing basis.\16\ As such, it is 
appropriate for the Commission to review advance notices against these 
Clearing Agency Standards, and the objectives and principles of these 
risk management standards as described in Section 805(b) of the 
Payment, Clearing and Settlement Supervision Act.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.17Ad-22.
    \16\ The Clearing Agency Standards are substantially similar to 
the risk management standards established by the Board of Governors 
of the Federal Reserve System governing the operations of designated 
financial market utilities that are not clearing entities and 
financial institutions engaged in designated activities for which 
the Commission or the Commodity Futures Trading Commission is the 
Supervisory Agency. See Financial Market Utilities, 77 FR 45907 
(August 2, 2012).
    \17\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------

    The Commission believes the proposal in the Advance Notice is 
consistent with the objectives and principles described in Section 
805(b) of the Payment, Clearing and Settlement Supervision Act,\18\ and 
the Clearing Agency Standards, in particular, Rule 17Ad-22(b)(1) \19\ 
and Rule 17Ad-22(b)(2) \20\ under the Exchange Act, as described in 
detail below.
---------------------------------------------------------------------------

    \18\ Id.
    \19\ 17 CFR 240.17Ad-22(b)(1).
    \20\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

    Consistency with Section 805(b) of the Act. The objectives and 
principles of Section 805(b) of the Payment, Clearing and Settlement 
Supervision Act are to promote robust risk management, promote safety 
and soundness, reduce systemic risks, and support the stability of the 
broader financial system.\21\ By enhancing the margin methodology 
applied to family-issued securities of members that are on NSCC's Watch 
List, the proposal will assist NSCC in collecting margin that more 
accurately reflects NSCC's exposure to a clearing member that clears 
family-issued securities and will assist NSCC in its continuous efforts 
to improve the reliability and effectiveness of its risk-based 
margining methodology by taking into account specific wrong-way risk. 
As such, the proposal will help NSCC, as a CCP, promote robust risk 
management, and thus contributing to the goal of maintaining financial 
stability in the event of a member default.
---------------------------------------------------------------------------

    \21\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------

    Consistency with Rule 17Ad-22(b)(1). Rule 17Ad-22(b)(1) \22\ under 
the Exchange Act requires a CCP, such as NSCC, to ``establish, 
implement, maintain and enforce written policies and procedures 
reasonably designed to . . . limit its exposures to potential losses 
from defaults by its participants under normal market conditions . . . 
.'' NSCC faces specific wrong-way risk in all circumstances where a 
member submits family-issued securities to NSCC for clearance, 
including under normal market conditions. By enhancing the margin 
methodology applied to family-issued securities of NSCC's members that 
are on its Watch List, the proposal will limit NSCC's exposure to 
potential losses from the

[[Page 61246]]

default of a member on NSCC's Watch List with family-issued securities 
under normal market conditions. As such, the Commission believes that 
the proposal is consistent with Rule 17Ad-22(b)(1).
---------------------------------------------------------------------------

    \22\ 17 CFR 240.17Ad-22(b)(1).
---------------------------------------------------------------------------

    Consistency with Rule 17Ad-22(b)(2). Rule 17Ad-22(b)(2) \23\ under 
the Exchange Act requires a CCP, such as NSCC, to ``establish, 
implement, maintain and enforce written policies and procedures 
reasonably designed to . . . [u]se margin requirements to limit its 
credit exposures to participants under normal market conditions and use 
risk-based models and parameters to set margin requirements . . . .'' 
By enhancing the margin methodology applied to family-issued securities 
of NSCC's members that are on its Watch List, the proposal will better 
account for and cover NSCC's credit exposure to less creditworthy 
members. In addition, by taking into account specific wrong-way risk 
arising from family-issued securities submitted to NSCC, the proposal 
is consistent with using risk based models and parameters to set margin 
requirements. As such, the Commission believes that the proposal is 
consistent with Rule 17Ad-22(b)(2).
---------------------------------------------------------------------------

    \23\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

III. Conclusion

    It is therefore noticed, pursuant to Section 806(e)(1)(I) of the 
Payment, Clearing and Settlement Supervision Act,\24\ that the 
Commission does not object to Advance Notice and that NSCC is 
authorized to implement the proposal.
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    \24\ 12 U.S.C. 5465(e)(1)(I).

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25700 Filed 10-8-15; 8:45 am]
BILLING CODE 8011-01-P



                                              61244                          Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices

                                              SUMMARY:   This announcement of the                     4(n)(1)(i) 2 under the Securities                         family-issued securities will be charged
                                              membership of the National Science                      Exchange Act of 1934 (‘‘Exchange Act’’)                   a haircut rate of 100% for firms that are
                                              Foundation’s Office of Inspector General                to change its margin charge with respect                  rated 6 or 7 on the credit risk rating
                                              and National Science Board Office                       to a member’s positions in securities                     matrix, and no less than 50% for firms
                                              Senior Executive Service Performance                    that are issued by such member or its                     that are rated 5 on the credit risk rating
                                              Review Board is made in compliance                      affiliate (i.e., ‘‘family-issued securities’’)            matrix. NSCC will have the authority to
                                              with 5 U.S.C. 4314(c)(4).                               by excluding positions in these                           adjust these haircut rates from time to
                                              ADDRESSES: Comments should be                           securities, when the member is on                         time within these parameters as
                                              addressed to Division Director, Division                NSCC’s Watch List,3 from its volatility                   described in Procedure XV of NSCC’s
                                              of Human Resource Management,                           margining model. The Advance Notice                       Rules without filing a proposed rule
                                              National Science Foundation, Room                       was published for comment in the                          change with the Commission pursuant
                                              315, 4201 Wilson Boulevard, Arlington,                  Federal Register on September 17,                         to Section 19(b)(1) of the Exchange Act,6
                                              VA 22230.                                               2015.4 The Commission did not receive                     and the rules thereunder, or an advance
                                              FOR FURTHER INFORMATION CONTACT: Dr.
                                                                                                      any comments on the Advance Notice.                       notice with the Commission pursuant to
                                              Judith S. Sunley at the above address or                This publication serves as notice of no                   Section 806(e)(1) of the Payment,
                                              (703) 292–8180.                                         objection to the Advance Notice.                          Clearing and Settlement Supervision
                                              SUPPLEMENTARY INFORMATION: The                          I. Description of the Advance Notice                      Act,7 and the rules thereunder.
                                              membership of the National Science                         As described by NSCC in the Advance                       As described by NSCC in the Advance
                                              Board’s Senior Executive Service                        Notice, NSCC has proposed to enhance                      Notice, NSCC, as a central counterparty
                                              Performance Review Board is as follows:                 its margin methodology as applied to                      (‘‘CCP’’), occupies an important role in
                                                Ruth David, Chair, Audit and                          the family-issued securities of its                       the securities settlement system by
                                              Oversight Committee, National Science                   members that are on its Watch List 5 by                   interposing itself between
                                              Board                                                   excluding these securities from the                       counterparties to financial transactions
                                                Joanne Tornow, Head, Office of                        volatility component, or ‘‘VaR’’ charge,                  and thereby reducing the risk faced by
                                              Information and Resource Management,                    and then charging an amount calculated                    participants and contributing to global
                                              and Chief Human Capital Officer                         by multiplying the absolute value of the                  financial stability. The effectiveness of a
                                                Plus two members to be selected from                  long net unsettled positions in that                      CCP’s risk controls and the adequacy of
                                              the IG community.                                       member’s family-issued securities by a                    its financial resources are critical to
                                                Dated: October 2, 2015.                               percentage that is no less than 40%. The                  achieving these risk-reducing goals. In
                                              Judith S. Sunley,                                       haircut rate to be charged will be                        that context, NSCC continuously
                                              Division Director, Division of Human                    determined based on the member’s                          reviews its margining methodology in
                                              Resource Management.                                    rating on the credit risk rating matrix                   order to ensure the reliability of its
                                              [FR Doc. 2015–25722 Filed 10–8–15; 8:45 am]             and the type of family-issued security                    margining in achieving the desired
                                              BILLING CODE 7555–01–M
                                                                                                      submitted to NSCC. Fixed income                           coverage. In order to be most effective,
                                                                                                      securities that are family-issued                         NSCC must take into consideration the
                                                                                                      securities will be charged a haircut rate                 risk characteristics specific to certain
                                                                                                      of no less than 80% for firms that are                    securities when margining those
                                              SECURITIES AND EXCHANGE
                                                                                                      rated 6 or 7 on the credit risk rating                    securities.
                                              COMMISSION
                                                                                                      matrix, and no less than 40% for firms
                                              [Release No. 34–76075; File No. SR–NSCC–                that are rated 5 on the credit risk rating                   Among the various risks that NSCC
                                              2015–803]                                               matrix; and equity securities that are                    considers when evaluating the
                                                                                                                                                                effectiveness of its margining
                                              Self-Regulatory Organizations;                          and Settlement Supervision Act and file advance           methodology are its counterparty risks
                                              National Securities Clearing                            notices with the Commission. See 12 U.S.C.                and identification and mitigation of
                                              Corporation; Notice of No Objection to                  5465(e).                                                  ‘‘wrong-way’’ risk, particularly specific
                                                                                                         2 17 CFR 240.19b–4(n)(1)(i).
                                              Advance Notice Filing To Enhance                           3 As part of its ongoing monitoring of its
                                                                                                                                                                wrong-way risk, defined as the risk that
                                              NSCC’s Margining Methodology as                         membership, NSCC utilizes an internal credit risk         an exposure to a counterparty is highly
                                              Applied to Family-Issued Securities of                  rating matrix to rate its risk exposures to its           likely to increase when the
                                              Certain NSCC Members                                    members based on a scale from 1 (the strongest) to        creditworthiness of that counterparty
                                                                                                      7 (the weakest). Members that fall within the
                                                                                                                                                                deteriorates.8 NSCC has identified an
                                              October 5, 2015.                                        weakest three rating categories (i.e., 5, 6, and 7) are
                                                                                                      placed on NSCC’s ‘‘Watch List’’ and, as provided          exposure to wrong-way risk when it acts
                                                 National Securities Clearing
                                                                                                      under NSCC’s Rules and Procedures (‘‘Rules’’), may        as a CCP to a member with respect to
                                              Corporation (‘‘NSCC’’) filed on August                  be subject to enhanced surveillance or additional         positions in securities that are issued by
                                              14, 2015 with the Securities and                        margin charges. See Section 4 of Rule 2B and
                                                                                                                                                                that member or that member’s affiliate.
                                              Exchange Commission (‘‘Commission’’)                    Section I(B)(1) of Procedure XV of NSCC’s Rules,
                                                                                                      available at http://dtcc.com/∼/media/Files/               These positions are referred to as
                                              advance notice SR–NSCC–2015–803
                                              (‘‘Advance Notice’’) pursuant to Section
                                                                                                      Downloads/legal/rules/nscc_rules.pdf.                     ‘‘family-issued securities.’’ In the event
                                                                                                         4 See Securities Exchange Act Release No. 75899
                                              806(e)(1) of the Payment, Clearing, and                                                                           that a member with unsettled long
                                                                                                      (September 11, 2015), 80 FR 55883 (September 17,
                                              Settlement Supervision Act of 2010                      2015) (File No. SR–NSCC–2015–803). NSCC also              positions in family-issued securities
                                              (‘‘Payment, Clearing and Settlement                     filed a proposed rule change with the Commission          defaults, NSCC would close out those
                                              Supervision Act’’) 1 and Rule 19b–
                                                                                                      pursuant to Section 19(b)(1) of the Exchange Act          positions following a likely drop in the
                                                                                                      and Rule 19b–4 thereunder, seeking approval of
                                                                                                      changes to its Rules necessary to implement the
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  6 15 U.S.C. 78s(b)(1).
                                                 1 12 U.S.C. 5465(e)(1). The Financial Stability      Advance Notice. 15 U.S.C. 78s(b)(1) and 17 CFR
                                                                                                                                                                  7 12 U.S.C. 5465(e)(1).
                                              Oversight Council designated NSCC a systemically        240.19b–4, respectively. This proposed rule change
                                              important financial market utility on July 18, 2012.    was published in the Federal Register on                    8 See Principles for financial market

                                              See Financial Stability Oversight Council 2012          September 2, 2015. Securities Exchange Act Release        infrastructures, issued by the Committee on
                                              Annual Report, Appendix A, http://                      No. 75768 (August 27, 2015), 80 FR 53219                  Payment and Settlement Systems and the Technical
                                              www.treasury.gov/initiatives/fsoc/Documents/            (September 2, 2015) (SR–NSCC–2015–003).                   Committee of the International Organization of
                                              2012%20Annual%20Report.pdf. Therefore, NSCC                5 See Section 4 of Rule 2B and Section I(B)(1) of      Securities Commissions 47 n.65 (April 2012),
                                              is required to comply with the Payment, Clearing        Procedure XV of NSCC’s Rules, supra Note 3.               available at http://www.bis.org/publ/cpss101a.pdf.



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                                                                                Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices                                             61245

                                              credit-worthiness of the issuer, possibly                  II. Discussion and Commission                            Commission to review advance notices
                                              resulting in a loss to NSCC.                               Findings                                                 against these Clearing Agency
                                                 Therefore, the overall impact of                           Although the Payment, Clearing and                    Standards, and the objectives and
                                              NSCC’s proposal, as described above, on                    Settlement Supervision Act does not                      principles of these risk management
                                              risks presented by NSCC will be to                         specify a standard of review for an                      standards as described in Section 805(b)
                                              reduce NSCC’s exposure to this type of                     advance notice, the Commission                           of the Payment, Clearing and Settlement
                                              wrong-way risk by enhancing its margin                     believes that the stated purpose of the                  Supervision Act.17
                                              methodology as applied to the family-                      Payment, Clearing and Settlement                            The Commission believes the
                                              issued securities of its members that are                  Supervision Act is instructive.11 The                    proposal in the Advance Notice is
                                              on its Watch List, and present a                           stated purpose of the Payment, Clearing                  consistent with the objectives and
                                              heightened credit risk to the clearing                     and Settlement Supervision Act is to                     principles described in Section 805(b) of
                                              agency or have demonstrated higher risk                    mitigate systemic risk in the financial                  the Payment, Clearing and Settlement
                                              related to their ability to meet                           system and promote financial stability                   Supervision Act,18 and the Clearing
                                              settlement. NSCC believes a reduction                      by, among other things, promoting                        Agency Standards, in particular, Rule
                                              in its exposures to wrong-way risk                         uniform risk management standards for                    17Ad–22(b)(1) 19 and Rule 17Ad–
                                              through a margining methodology that                       systemically important financial market                  22(b)(2) 20 under the Exchange Act, as
                                              more effectively captures the risk                         utilities and strengthening the liquidity                described in detail below.
                                              characteristics of these positions will                    of systemically important financial                         Consistency with Section 805(b) of the
                                              contribute to the goal of maintaining                      market utilities.12                                      Act. The objectives and principles of
                                              financial stability in the event of a                         Section 805(a)(2) of the Payment,                     Section 805(b) of the Payment, Clearing
                                              member default and reduce systemic                         Clearing and Settlement Supervision                      and Settlement Supervision Act are to
                                              risk overall. Because NSCC members                         Act 13 authorizes the Commission to                      promote robust risk management,
                                              that are on its Watch List present a                       prescribe risk management standards for                  promote safety and soundness, reduce
                                              heightened credit risk to the clearing                     the payment, clearing, and settlement                    systemic risks, and support the stability
                                              agency or have demonstrated higher risk                    activities of designated clearing entities               of the broader financial system.21 By
                                              related to their ability to meet                           and financial institutions engaged in                    enhancing the margin methodology
                                              settlement, NSCC believes that this                        designated activities for which it is the                applied to family-issued securities of
                                              charge will more effectively capture the                   supervisory agency or the appropriate                    members that are on NSCC’s Watch List,
                                              risk characteristics of these positions                    financial regulator. Section 805(b) of the               the proposal will assist NSCC in
                                              and can help mitigate NSCC’s exposure                      Payment, Clearing and Settlement                         collecting margin that more accurately
                                              to wrong-way risk.                                         Supervision Act 14 states that the                       reflects NSCC’s exposure to a clearing
                                                 NSCC stated in the Advance Notice                       objectives and principles for the risk                   member that clears family-issued
                                              that it will continue to evaluate its                      management standards prescribed under                    securities and will assist NSCC in its
                                              exposures to wrong-way risk,                               Section 805(a) shall be to:                              continuous efforts to improve the
                                              specifically wrong-way risk presented                         • Promote robust risk management;                     reliability and effectiveness of its risk-
                                              by family-issued securities, including by                     • promote safety and soundness;                       based margining methodology by taking
                                              reviewing the impact of expanding the                         • reduce systemic risks; and                          into account specific wrong-way risk.
                                              application of the proposed margining                         • support the stability of the broader                As such, the proposal will help NSCC,
                                              methodology to the family-issued                           financial system.                                        as a CCP, promote robust risk
                                              securities of those members that are not                      The Commission has adopted risk                       management, and thus contributing to
                                              on the Watch List. NSCC is proposing to                    management standards under Section                       the goal of maintaining financial
                                              apply the enhanced margining                               805(a)(2) of the Payment, Clearing and                   stability in the event of a member
                                              methodology to the family-issued                           Settlement Supervision Act (‘‘Clearing                   default.
                                              securities of members that are on the                      Agency Standards’’) and the Exchange                        Consistency with Rule 17Ad–22(b)(1).
                                              Watch List at this time because, as                        Act.15 The Clearing Agency Standards                     Rule 17Ad–22(b)(1) 22 under the
                                              stated above, these members present a                      became effective on January 2, 2013,                     Exchange Act requires a CCP, such as
                                              heightened credit risk to the clearing                     and require registered clearing agencies                 NSCC, to ‘‘establish, implement,
                                              agency or have demonstrated higher risk                    to establish, implement, maintain, and                   maintain and enforce written policies
                                              related to their ability to meet                           enforce written policies and procedures                  and procedures reasonably designed to
                                              settlement. As such, there is a clear and                  that are reasonably designed to meet                     . . . limit its exposures to potential
                                              more urgent need to address NSCC’s                         certain minimum requirements for their                   losses from defaults by its participants
                                              exposure to wrong-way risk presented                       operations and risk management                           under normal market conditions . . . .’’
                                              by these firms’ family-issued securities.                  practices on an ongoing basis.16 As                      NSCC faces specific wrong-way risk in
                                              However, any future change to the                          such, it is appropriate for the                          all circumstances where a member
                                              margining methodology as applied to                                                                                 submits family-issued securities to
                                              the family-issued securities of members
                                                                                                           11 See   12 U.S.C. 5461(b).                            NSCC for clearance, including under
                                                                                                           12 Id.
                                              that are not on the Watch List would be                                                                             normal market conditions. By
                                                                                                           13 12  U.S.C. 5464(a)(2).
                                              subject to a separate proposed rule                                                                                 enhancing the margin methodology
                                                                                                           14 12  U.S.C. 5464(b).
                                              change pursuant to Section 19(b)(1) of                        15 17 CFR 240.17Ad–22.
                                                                                                                                                                  applied to family-issued securities of
                                              the Exchange Act,9 and the rules                              16 The Clearing Agency Standards are
                                                                                                                                                                  NSCC’s members that are on its Watch
                                                                                                         substantially similar to the risk management             List, the proposal will limit NSCC’s
                                              thereunder and an advance notice
                                                                                                         standards established by the Board of Governors of       exposure to potential losses from the
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                                              pursuant to Section 806(e)(1) of the                       the Federal Reserve System governing the
                                              Payment, Clearing and Settlement                           operations of designated financial market utilities        17 12    U.S.C. 5464(b).
                                              Supervision Act,10 and the rules                           that are not clearing entities and financial               18 Id.
                                              thereunder.                                                institutions engaged in designated activities for          19 17
                                                                                                         which the Commission or the Commodity Futures                    CFR 240.17Ad–22(b)(1).
                                                                                                                                                                    20 17 CFR 240.17Ad–22(b)(2).
                                                                                                         Trading Commission is the Supervisory Agency.
                                                9 15   U.S.C. 78s(b)(1).                                                                                            21 12 U.S.C. 5464(b).
                                                                                                         See Financial Market Utilities, 77 FR 45907 (August
                                                10 12   U.S.C. 5465(e)(1).                               2, 2012).                                                  22 17 CFR 240.17Ad–22(b)(1).




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                                              61246                           Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices

                                              default of a member on NSCC’s Watch                      be open to the public, except for a                   Commission, 100 F Street NE.,
                                              List with family-issued securities under                 period of approximately 60 minutes                    Washington, DC 20549–7010.
                                              normal market conditions. As such, the                   when the Committee will meet in an                    SUPPLEMENTARY INFORMATION: In
                                              Commission believes that the proposal                    administrative work session during                    accordance with Section 10(a) of the
                                              is consistent with Rule 17Ad–22(b)(1).                   lunch. The public portions of the                     Federal Advisory Committee Act, 5
                                                 Consistency with Rule 17Ad–22(b)(2).                  meeting will be webcast on the                        U.S.C.–App. 1, and the regulations
                                              Rule 17Ad–22(b)(2) 23 under the                          Commission’s Web site at www.sec.gov.                 thereunder, Stephen Luparello,
                                              Exchange Act requires a CCP, such as                     Persons needing special                               Designated Federal Officer of the
                                              NSCC, to ‘‘establish, implement,                         accommodations to take part because of                Committee, has ordered publication of
                                              maintain and enforce written policies                    a disability should notify the contact                this notice.
                                              and procedures reasonably designed to                    person listed below. The public is                      Dated: October 6, 2015.
                                              . . . [u]se margin requirements to limit                 invited to submit written statements to
                                              its credit exposures to participants                                                                           Brent J. Fields,
                                                                                                       the Committee. The meeting will focus
                                              under normal market conditions and                                                                             Committee Management Officer.
                                                                                                       on Rule 610 of SEC Regulation NMS and
                                              use risk-based models and parameters to                                                                        [FR Doc. 2015–25759 Filed 10–8–15; 8:45 am]
                                                                                                       the regulatory structure of trading
                                              set margin requirements . . . .’’ By                     venues.                                               BILLING CODE 8011–01–P
                                              enhancing the margin methodology
                                              applied to family-issued securities of                   DATES:  The public meeting will be held
                                              NSCC’s members that are on its Watch                     on Tuesday, October 27, 2015. Written                 SECURITIES AND EXCHANGE
                                              List, the proposal will better account for               statements should be received on or                   COMMISSION
                                              and cover NSCC’s credit exposure to                      before October 22, 2015.
                                                                                                                                                             [Release No. 34–76078: File No. SR–FINRA–
                                              less creditworthy members. In addition,                  ADDRESSES: The meeting will be held at                2015–020]
                                              by taking into account specific wrong-                   the Commission’s headquarters, 100 F
                                              way risk arising from family-issued                      Street NE., Washington, DC. Written                   Self-Regulatory Organizations;
                                              securities submitted to NSCC, the                        statements may be submitted by any of                 Financial Industry Regulatory
                                              proposal is consistent with using risk                   the following methods:                                Authority, Inc.; Order Approving a
                                              based models and parameters to set                                                                             Proposed Rule Change, as Amended
                                                                                                       Electronic Statements                                 by Amendment No. 1, To Expand
                                              margin requirements. As such, the
                                              Commission believes that the proposal                      • Use the Commission’s Internet                     FINRA’s Alternative Trading System
                                              is consistent with Rule 17Ad–22(b)(2).                   submission form (http://www.sec.gov/                  Transparency Initiative by Publishing
                                                                                                       rules/other.shtml); or                                OTC Equity Volume Executed Outside
                                              III. Conclusion
                                                                                                         • Send an email message to rule-                    ATSs
                                                 It is therefore noticed, pursuant to                  comments@sec.gov. Please include File
                                              Section 806(e)(1)(I) of the Payment,                                                                           October 5, 2015.
                                                                                                       Number 265–29 on the subject line; or
                                              Clearing and Settlement Supervision                                                                            I. Introduction
                                              Act,24 that the Commission does not                      Paper Statements
                                                                                                                                                                On June 23, 2015, the Financial
                                              object to Advance Notice and that NSCC                     • Send paper statements in triplicate               Industry Regulatory Authority, Inc.
                                              is authorized to implement the                           to Brent J. Fields, Federal Advisory
                                              proposal.                                                                                                      (‘‘FINRA’’) filed with the Securities and
                                                                                                       Committee Management Officer,                         Exchange Commission (‘‘Commission’’),
                                                By the Commission.                                     Securities and Exchange Commission,                   pursuant to Section 19(b)(1) of the
                                              Robert W. Errett,                                        100 F Street NE., Washington, DC                      Securities Exchange Act of 1934
                                              Deputy Secretary.                                        20549–1090.                                           (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                              [FR Doc. 2015–25700 Filed 10–8–15; 8:45 am]              All submissions should refer to File No.              proposed rule change to amend Rule
                                              BILLING CODE 8011–01–P                                   265–29. This file number should be                    6110, Trading Otherwise than on an
                                                                                                       included on the subject line if email is              Exchange and 6610 regarding the OTC
                                                                                                       used. To help us process and review                   Reporting Facility to expand FINRA’s
                                              SECURITIES AND EXCHANGE                                  your statement more efficiently, please               alternative trading system (‘‘ATS’’)
                                              COMMISSION                                               use only one method. The Commission                   transparency initiative. The changes
                                              [Release No. 34–76081; File No. 265–29]
                                                                                                       will post all statements on the                       would provide for publication of the
                                                                                                       Commission’s Internet Web site at SEC                 remaining equity volume executed over-
                                              Equity Market Structure Advisory                         Web site at (http://www.sec.gov/                      the-counter (‘‘OTC’’) by FINRA
                                              Committee                                                comments/265–29/265–29.shtml).                        members, including activity in non-ATS
                                                                                                         Statements also will be available for               electronic trading systems and
                                              AGENCY: Securities and Exchange                          Web site viewing and printing in the                  internalized trades. The proposed rule
                                              Commission.                                              Commission’s Public Reference Room,                   change was published for comment in
                                              ACTION: Notice of meeting.                               100 F Street NE., Room 1580,                          the Federal Register on July 9, 2015.3
                                              SUMMARY:    The Securities and Exchange                  Washington, DC 20549, on official                     The Commission received two
                                              Commission Equity Market Structure                       business days between the hours of                    comments on the proposal.4 FINRA
                                              Advisory Committee is providing notice                   10:00 a.m. and 3:00 p.m. All statements
                                              that it will hold a public meeting on                    received will be posted without change;                 1 15  U.S.C. 78s(b)(1).
                                                                                                                                                               2 17  CFR 240.19b–4.
                                              Tuesday, October 27, 2015, in Multi-                     we do not edit personal identifying
                                                                                                                                                                3 See Securities Exchange Act Release No. 75356
                                                                                                       information from submissions. You
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                                              Purpose Room LL–006 at the                                                                                     (July 2, 2015), 80 FR 39463 (‘‘Notice’’). The Notice
                                              Commission’s headquarters, 100 F                         should submit only information that                   contains a detailed description of the proposal.
                                              Street NE., Washington, DC The meeting                   you wish to make available publicly.                     4 See letter from Kerry Baker Relf, Head of

                                                                                                       FOR FURTHER INFORMATION CONTACT:                      Content Acquisition and Rights Management,
                                              will begin at 9:30 a.m. (EDT) and will                                                                         Thomson Reuters to Brent J. Fields, Secretary,
                                                                                                       Arisa Tinaves Kettig, Special Counsel, at             Commission, dated July 20, 2015, (‘‘Thomson
                                                23 17   CFR 240.17Ad–22(b)(2).                         (202) 551–5676, Division of Trading and               Reuters Letter’’) and letter from Theodore R. Lazo,
                                                24 12   U.S.C. 5465(e)(1)(I).                          Markets, Securities and Exchange                      Managing Director and Associate General Counsel,



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Document Created: 2015-12-15 08:34:18
Document Modified: 2015-12-15 08:34:18
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 61244 

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