80_FR_61452 80 FR 61256 - Self-Regulatory Organizations; National Securities Clearing Corporation; Order Approving Proposed Rule Change to Enhance NSCC's Margining Methodology as Applied to Family-Issued Securities of Certain NSCC Members

80 FR 61256 - Self-Regulatory Organizations; National Securities Clearing Corporation; Order Approving Proposed Rule Change to Enhance NSCC's Margining Methodology as Applied to Family-Issued Securities of Certain NSCC Members

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 196 (October 9, 2015)

Page Range61256-61258
FR Document2015-25702

Federal Register, Volume 80 Issue 196 (Friday, October 9, 2015)
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61256-61258]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25702]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76077; File No. SR-NSCC-2015-003]


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

October 5, 2015.
    On August 14, 2015, National Securities Clearing Corporation 
(``NSCC'') filed with the Securities and Exchange Commission 
(``Commission'') proposed rule change SR-NSCC-2015-003 pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ 
and Rule 19b-4 thereunder,\2\ 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 proposed rule change 
was published for comment in the Federal Register on September 2, 
2015.\4\ The Commission did not receive comment letters regarding the 
proposed change. For the reasons discussed below, the Commission is 
granting approval of the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \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. 75768 (August 27, 
2015), 80 FR 53219 (September 2, 2015) (SR-NSCC-2015-003). NSCC also 
filed an advance notice with the Commission seeking approval of 
changes to its Rules necessary to implement the proposed rule 
change. This advance notice was published in the Federal Register on 
September 17, 2015. Securities Exchange Act Release No. 75899 
(September 11, 2015), 80 FR 55883 (September 17, 2015) (File No. SR-
NSCC-2015-803).
---------------------------------------------------------------------------

I. Description of the Proposed Rule Change

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

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

Background

    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

[[Page 61257]]

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

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

    NSCC has proposed to address its exposure to this type of wrong-way 
risk in two steps. First, NSCC has proposed in this filing to enhance 
its margin methodology as applied to the family-issued securities of 
its Members that are on its Watch List 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 Act,\7\ and the 
rules thereunder, or an advance notice with the Commission pursuant to 
Section 806(e)(1) of the Clearing Supervision Act,\8\ and the rules 
thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(1).
    \8\ 12 U.S.C. 5465(e)(1).
---------------------------------------------------------------------------

    Because NSCC Members that are on its Watch List present a 
heightened credit risk to the clearing agency or have demonstrated 
higher risk related to their ability to meet settlement, NSCC believes 
that this charge will more effectively capture the risk characteristics 
of these positions and can help mitigate NSCC's exposure to wrong-way 
risk.
    Second, NSCC will continue to evaluate its exposures to wrong-way 
risk, specifically wrong-way risk presented by family-issued 
securities, including by reviewing the impact of expanding the 
application of the proposed margining methodology to the family-issued 
securities of those Members that are not on the Watch List. NSCC has 
proposed to apply the enhanced margining methodology to the family-
issued securities of Members that are on the Watch List at this time 
because, as stated above, these Members present a heightened credit 
risk to the clearing agency or have demonstrated higher risk related to 
their ability to meet settlement. As such, there is a clear and more 
urgent need to address NSCC's exposure to wrong-way risk presented by 
these firms' family-issued securities.
    However, any future change to the margining methodology as applied 
to the family-issued securities of Members that are not on the Watch 
List would be subject to a separate proposed rule change pursuant to 
Section 19(b)(1) of the Act,\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).
---------------------------------------------------------------------------

Implementation

    The effective date of the proposed rule change will be announced 
via a NSCC Important Notice. NSCC expects to run these changes in a 
test environment for a three month parallel period prior to 
implementation. Details and dates regarding this test will be 
communicated to Members through an NSCC Important Notice. As stated 
above, NSCC will conduct additional analysis of its exposure to wrong-
way risk, and, following implementation of this proposed rule change, 
will engage in outreach to its membership when evaluating whether to 
expand the application of the proposed enhanced margining methodology 
to Members not on its Watch List.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \11\ directs the Commission to 
approve a proposed rule change of a self-regulatory organization if it 
finds that such proposed rule change is consistent with the 
requirements of the Act and rules and regulations thereunder applicable 
to such organization. The Commission believes the proposal is 
consistent with Section 17A(b)(3)(F) of the Act,\12\ and Rule 17Ad-
22(b)(1) \13\ and Rule 17Ad-22(b)(2) \14\ under the Act, as described 
in detail below.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(C).
    \12\ 15 U.S.C. 78q-1(b)(3)(F).
    \13\ 17 CFR 240.17Ad-22(b)(1).
    \14\ 17 CFR 240.17Ad-22(b)(2).
---------------------------------------------------------------------------

    Consistency with Section 17A(b)(3)(F) of the Act. Section 
17A(b)(3)(F) of the Act requires, among other things, that the rules of 
a clearing agency be designed to promote the prompt and accurate 
clearance and settlement of securities transactions, as well as, in 
general, protect investors and the public interest.\15\ 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 central counterparty, promote robust risk management, and thus 
promoting the prompt and accurate clearance and settlement of 
securities transactions, as well as, in general, protecting investors 
and the public interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Consistency with Rule 17Ad-22(b)(1). Rule 17Ad-22(b)(1) \16\ under 
the Act requires a CCP, such as NSCC, to

[[Page 61258]]

``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 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).
---------------------------------------------------------------------------

    \16\ 17 CFR 240.17Ad-22(b)(1).
---------------------------------------------------------------------------

    Consistency with Rule 17Ad-22(b)(2). Rule 17Ad-22(b)(2) \17\ under 
the 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).
---------------------------------------------------------------------------

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

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act and in 
particular with the requirements of Section 17A of the Act \18\ and the 
rules and regulations thereunder.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act, 
that proposed rule change SR-NSCC-2015-003 be, and hereby is, 
APPROVED.\19\
---------------------------------------------------------------------------

    \19\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25702 Filed 10-8-15; 8:45 a.m.]
BILLING CODE 8011-01-P



                                              61256                             Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices

                                              draw additional volume to the                              All submissions should refer to File                  proposed rule change SR–NSCC–2015–
                                              Exchange. As stated above, the                             Number SR–BATS–2015–82. This file                     003 pursuant to Section 19(b)(1) of the
                                              Exchange notes that it operates in a                       number should be included on the                      Securities Exchange Act of 1934
                                              highly competitive market in which                         subject line if email is used. To help the            (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              market participants can readily direct                     Commission process and review your                    to change its margin charge with respect
                                              order flow to competing venues if the                      comments more efficiently, please use                 to a member’s positions in securities
                                              deem fee structures to be unreasonable                     only one method. The Commission will                  that are issued by such member or its
                                              or excessive. The proposed changes are                     post all comments on the Commission’s                 affiliate (i.e., ‘‘family-issued securities’’)
                                              generally intended to enhance the                          Internet Web site (http://www.sec.gov/                by excluding positions in these
                                              rebates for liquidity added to the                         rules/sro.shtml). Copies of the                       securities, when the member is on
                                              Exchange, which is intended to draw                        submission, all subsequent                            NSCC’s Watch List,3 from its volatility
                                              additional liquidity to the Exchange.                      amendments, all written statements                    margining model. The proposed rule
                                              The Exchange does not believe the                          with respect to the proposed rule                     change was published for comment in
                                              proposed tiers would burden                                change that are filed with the                        the Federal Register on September 2,
                                              intramarket competition as they would                      Commission, and all written                           2015.4 The Commission did not receive
                                              apply to all Members uniformly.                            communications relating to the                        comment letters regarding the proposed
                                                                                                         proposed rule change between the                      change. For the reasons discussed
                                              C. Self-Regulatory Organization’s                                                                                below, the Commission is granting
                                                                                                         Commission and any person, other than
                                              Statement on Comments on the                                                                                     approval of the proposed rule change.
                                                                                                         those that may be withheld from the
                                              Proposed Rule Change Received From
                                                                                                         public in accordance with the                         I. Description of the Proposed Rule
                                              Members, Participants, or Others
                                                                                                         provisions of 5 U.S.C. 552, will be                   Change
                                                The Exchange has not solicited, and                      available for Web site viewing and
                                              does not intend to solicit, comments on                    printing in the Commission’s Public                      The following is a description of the
                                              this proposed rule change. The                             Reference Room, 100 F Street NE.,                     proposed rule change, as provided by
                                              Exchange has not received any                              Washington, DC 20549 on official                      NSCC:
                                              unsolicited written comments from                                                                                   The proposed rule change consists of
                                                                                                         business days between the hours of
                                              Members or other interested parties.                                                                             amendments to NSCC’s Rules in order
                                                                                                         10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                                                               to enhance NSCC’s margining
                                              III. Date of Effectiveness of the                          filing also will be available for
                                                                                                                                                               methodology as applied to family-issued
                                              Proposed Rule Change and Timing for                        inspection and copying at the principal
                                                                                                                                                               securities of NSCC Members 5 that are
                                              Commission Action                                          office of the Exchange. All comments
                                                                                                                                                               placed on NSCC’s ‘‘Watch List’’, i.e.,
                                                                                                         received will be posted without change;
                                                 The foregoing rule change has become                                                                          those Members who present a
                                                                                                         the Commission does not edit personal
                                              effective pursuant to Section 19(b)(3)(A)                                                                        heightened credit risk to NSCC or have
                                                                                                         identifying information from
                                              of the Act 12 and paragraph (f) of Rule                                                                          demonstrated higher risk related to their
                                                                                                         submissions. You should submit only
                                              19b–4 thereunder.13 At any time within                                                                           ability to meet settlement, as more fully
                                                                                                         information that you wish to make
                                              60 days of the filing of the proposed rule                                                                       described below.
                                                                                                         available publicly. All submissions
                                              change, the Commission summarily may                       should refer to File Number SR–BATS–                  Background
                                              temporarily suspend such rule change if                    2015–82, and should be submitted on or                  As a central counterparty, NSCC
                                              it appears to the Commission that such                     before October 30, 2015.                              occupies an important role in the
                                              action is necessary or appropriate in the
                                                                                                           For the Commission, by the Division of              securities settlement system by
                                              public interest, for the protection of
                                                                                                         Trading and Markets, pursuant to delegated            interposing itself between
                                              investors, or otherwise in furtherance of                  authority.14                                          counterparties to financial transactions
                                              the purposes of the Act.
                                                                                                         Robert W. Errett,                                     and thereby reducing the risk faced by
                                              IV. Solicitation of Comments                               Deputy Secretary.                                     participants and contributing to global
                                                Interested persons are invited to                        [FR Doc. 2015–25697 Filed 10–8–15; 8:45 am]
                                                                                                                                                                 1 15  U.S.C. 78s(b)(1).
                                              submit written data, views, and                            BILLING CODE 8011–01–P
                                                                                                                                                                 2 17  CFR 240.19b–4.
                                              arguments concerning the foregoing,                                                                                 3 As part of its ongoing monitoring of its
                                              including whether the proposed rule                                                                              membership, NSCC utilizes an internal credit risk
                                              change is consistent with the Act.                         SECURITIES AND EXCHANGE                               rating matrix to rate its risk exposures to its
                                              Comments may be submitted by any of                        COMMISSION                                            members based on a scale from 1 (the strongest) to
                                                                                                                                                               7 (the weakest). Members that fall within the
                                              the following methods:                                     [Release No. 34–76077; File No. SR–NSCC–              weakest three rating categories (i.e., 5, 6, and 7) are
                                              Electronic Comments                                        2015–003]                                             placed on NSCC’s ‘‘Watch List’’ and, as provided
                                                                                                                                                               under NSCC’s Rules and Procedures (‘‘Rules’’), may
                                                • Use the Commission’s Internet                          Self-Regulatory Organizations;                        be subject to enhanced surveillance or additional
                                              comment form (http://www.sec.gov/                                                                                margin charges. See Section 4 of Rule 2B and
                                                                                                         National Securities Clearing                          Section I(B)(1) of Procedure XV of NSCC’s Rules,
                                              rules/sro.shtml); or                                       Corporation; Order Approving                          available at http://dtcc.com/∼/media/Files/
                                                • Send an email to rule-comments@                        Proposed Rule Change to Enhance                       Downloads/legal/rules/nscc_rules.pdf.
                                              sec.gov. Please include File Number SR–                    NSCC’s Margining Methodology as                          4 See Securities Exchange Act Release No. 75768

                                              BATS–2015–82 on the subject line.                          Applied to Family-Issued Securities of                (August 27, 2015), 80 FR 53219 (September 2, 2015)
                                                                                                                                                               (SR–NSCC–2015–003). NSCC also filed an advance
                                              Paper Comments                                             Certain NSCC Members                                  notice with the Commission seeking approval of
                                                                                                                                                               changes to its Rules necessary to implement the
tkelley on DSK3SPTVN1PROD with NOTICES




                                                • Send paper comments in triplicate                      October 5, 2015.                                      proposed rule change. This advance notice was
                                              to Brent J. Fields, Secretary, Securities                     On August 14, 2015, National                       published in the Federal Register on September 17,
                                              and Exchange Commission, 100 F Street                      Securities Clearing Corporation                       2015. Securities Exchange Act Release No. 75899
                                                                                                                                                               (September 11, 2015), 80 FR 55883 (September 17,
                                              NE., Washington, DC 20549–1090.                            (‘‘NSCC’’) filed with the Securities and              2015) (File No. SR–NSCC–2015–803).
                                                                                                         Exchange Commission (‘‘Commission’’)                     5 Terms not defined herein are defined in the
                                                12 15   U.S.C. 78s(b)(3)(A).                                                                                   Rules, available at http://dtcc.com/∼/media/Files/
                                                13 17   CFR 240.19b–4(f).                                  14 17   CFR 200.30–3(a)(12).                        Downloads/legal/rules/nscc_rules.pdf.



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                                                                             Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices                                         61257

                                              financial stability. The effectiveness of a             family-issued securities will be charged              to run these changes in a test
                                              central counterparty’s risk controls and                a haircut rate of 100% for firms that are             environment for a three month parallel
                                              the adequacy of its financial resources                 rated 6 or 7 on the credit risk rating                period prior to implementation. Details
                                              are critical to achieving these risk-                   matrix, and no less than 50% for firms                and dates regarding this test will be
                                              reducing goals. In that context, NSCC                   that are rated 5 on the credit risk rating            communicated to Members through an
                                              continuously reviews its margining                      matrix. NSCC will have the authority to               NSCC Important Notice. As stated
                                              methodology in order to ensure the                      adjust these haircut rates from time to               above, NSCC will conduct additional
                                              reliability of its margining in achieving               time within these parameters as                       analysis of its exposure to wrong-way
                                              the desired coverage. In order to be most               described in Procedure XV of NSCC’s                   risk, and, following implementation of
                                              effective, NSCC must take into                          Rules without filing a proposed rule                  this proposed rule change, will engage
                                              consideration the risk characteristics                  change with the Commission pursuant                   in outreach to its membership when
                                              specific to certain securities when                     to Section 19(b)(1) of the Act,7 and the              evaluating whether to expand the
                                              margining those securities.                             rules thereunder, or an advance notice                application of the proposed enhanced
                                                 Among the various risks that NSCC                    with the Commission pursuant to                       margining methodology to Members not
                                              considers when evaluating the                           Section 806(e)(1) of the Clearing                     on its Watch List.
                                              effectiveness of its margining                          Supervision Act,8 and the rules
                                              methodology are its counterparty risks                                                                        III. Discussion and Commission
                                                                                                      thereunder.
                                              and identification and mitigation of                       Because NSCC Members that are on                   Findings
                                              ‘‘wrong-way’’ risk, particularly specific               its Watch List present a heightened                      Section 19(b)(2)(C) of the Act 11
                                              wrong-way risk, defined as the risk that                credit risk to the clearing agency or have            directs the Commission to approve a
                                              an exposure to a counterparty is highly                 demonstrated higher risk related to their             proposed rule change of a self-
                                              likely to increase when the                             ability to meet settlement, NSCC                      regulatory organization if it finds that
                                              creditworthiness of that counterparty                   believes that this charge will more                   such proposed rule change is consistent
                                              deteriorates.6 NSCC has identified an                   effectively capture the risk                          with the requirements of the Act and
                                              exposure to wrong-way risk when it acts                 characteristics of these positions and                rules and regulations thereunder
                                              as central counterparty to a Member                     can help mitigate NSCC’s exposure to                  applicable to such organization. The
                                              with respect to positions in securities                 wrong-way risk.                                       Commission believes the proposal is
                                              that are issued by that Member or that                     Second, NSCC will continue to                      consistent with Section 17A(b)(3)(F) of
                                              Member’s affiliate. These positions are                 evaluate its exposures to wrong-way                   the Act,12 and Rule 17Ad–22(b)(1) 13
                                              referred to as ‘‘family-issued securities.’’            risk, specifically wrong-way risk                     and Rule 17Ad–22(b)(2) 14 under the
                                              In the event that a Member with                         presented by family-issued securities,                Act, as described in detail below.
                                              unsettled long positions in family-                     including by reviewing the impact of                     Consistency with Section 17A(b)(3)(F)
                                              issued securities defaults, NSCC would                  expanding the application of the                      of the Act. Section 17A(b)(3)(F) of the
                                              close out those positions following a                   proposed margining methodology to the                 Act requires, among other things, that
                                              likely drop in the credit-worthiness of                 family-issued securities of those                     the rules of a clearing agency be
                                              the issuer, possibly resulting in a loss to             Members that are not on the Watch List.               designed to promote the prompt and
                                              NSCC.                                                   NSCC has proposed to apply the                        accurate clearance and settlement of
                                                 NSCC has proposed to address its                     enhanced margining methodology to the                 securities transactions, as well as, in
                                              exposure to this type of wrong-way risk                 family-issued securities of Members that              general, protect investors and the public
                                              in two steps. First, NSCC has proposed                  are on the Watch List at this time                    interest.15 By enhancing the margin
                                              in this filing to enhance its margin                    because, as stated above, these Members               methodology applied to family-issued
                                              methodology as applied to the family-                   present a heightened credit risk to the               securities of members that are on
                                              issued securities of its Members that are               clearing agency or have demonstrated                  NSCC’s Watch List, the proposal will
                                              on its Watch List by excluding these                    higher risk related to their ability to               assist NSCC in collecting margin that
                                              securities from the volatility                          meet settlement. As such, there is a                  more accurately reflects NSCC’s
                                              component, or ‘‘VaR’’ charge, and then                  clear and more urgent need to address                 exposure to a clearing member that
                                              charging an amount calculated by                        NSCC’s exposure to wrong-way risk                     clears family-issued securities and will
                                              multiplying the absolute value of the                   presented by these firms’ family-issued               assist NSCC in its continuous efforts to
                                              long net unsettled positions in that                    securities.                                           improve the reliability and effectiveness
                                              Member’s family-issued securities by a                     However, any future change to the                  of its risk-based margining methodology
                                              percentage that is no less than 40%. The                margining methodology as applied to                   by taking into account specific wrong-
                                              haircut rate to be charged will be                      the family-issued securities of Members               way risk. As such, the proposal will
                                              determined based on the Member’s                        that are not on the Watch List would be               help NSCC, as a central counterparty,
                                              rating on the credit risk rating matrix                 subject to a separate proposed rule                   promote robust risk management, and
                                              and the type of family-issued security                  change pursuant to Section 19(b)(1) of                thus promoting the prompt and accurate
                                              submitted to NSCC. Fixed income                         the Act,9 and the rules thereunder, and               clearance and settlement of securities
                                              securities that are family-issued
                                                                                                      an advance notice pursuant to Section                 transactions, as well as, in general,
                                              securities will be charged a haircut rate
                                                                                                      806(e)(1) of the Clearing Supervision                 protecting investors and the public
                                              of no less than 80% for firms that are
                                                                                                      Act,10 and the rules thereunder.                      interest.
                                              rated 6 or 7 on the credit risk rating
                                                                                                                                                               Consistency with Rule 17Ad–22(b)(1).
                                              matrix, and no less than 40% for firms                  Implementation
                                                                                                                                                            Rule 17Ad–22(b)(1) 16 under the Act
                                              that are rated 5 on the credit risk rating                The effective date of the proposed                  requires a CCP, such as NSCC, to
tkelley on DSK3SPTVN1PROD with NOTICES




                                              matrix; and equity securities that are                  rule change will be announced via a
                                                                                                      NSCC Important Notice. NSCC expects                     11 15 U.S.C. 78s(b)(2)(C).
                                                6 See Principles for financial market
                                                                                                                                                              12 15 U.S.C. 78q–1(b)(3)(F).
                                              infrastructures, issued by the Committee on               7 15
                                              Payment and Settlement Systems and the Technical               U.S.C. 78s(b)(1).                                13 17 CFR 240.17Ad–22(b)(1).
                                                                                                        8 12 U.S.C. 5465(e)(1).                               14 17 CFR 240.17Ad–22(b)(2).
                                              Committee of the International Organization of
                                                                                                        9 15 U.S.C. 78s(b)(1).                                15 15 U.S.C. 78q–1(b)(3)(F).
                                              Securities Commissions 47 n.65 (April 2012),
                                              available at http://www.bis.org/publ/cpss101a.pdf.        10 12 U.S.C. 5465(e)(1).                              16 17 CFR 240.17Ad–22(b)(1).




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                                              61258                          Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices

                                              ‘‘establish, implement, maintain and                      For the Commission, by the Division of              set forth in sections A, B, and C below,
                                              enforce written policies and procedures                 Trading and Markets, pursuant to delegated            of the most significant parts of such
                                              reasonably designed to . . . limit its                  authority.20                                          statements.
                                              exposures to potential losses from                      Robert W. Errett,
                                                                                                      Deputy Secretary.
                                                                                                                                                            A. Self-Regulatory Organization’s
                                              defaults by its participants under                                                                            Statement of the Purpose of, and the
                                              normal market conditions . . . .’’ NSCC                 [FR Doc. 2015–25702 Filed 10–8–15; 8:45 a.m.]
                                                                                                                                                            Statutory Basis for, the Proposed Rule
                                              faces specific wrong-way risk in all                    BILLING CODE 8011–01–P
                                                                                                                                                            Change
                                              circumstances where a member submits
                                              family-issued securities to NSCC for                                                                          1. Purpose
                                              clearance, including under normal                       SECURITIES AND EXCHANGE                                  The Exchange proposes to amend its
                                                                                                      COMMISSION                                            Price List to change the monthly fees for
                                              market conditions. By enhancing the
                                              margin methodology applied to family-                   [Release No. 34–76072; File No. SR–NYSE–              the use of certain ports.3 The Exchange
                                              issued securities of NSCC’s members                     2015–43]                                              proposes to implement the fee changes
                                              that are on its Watch List, the proposal                                                                      on October 1, 2015.
                                                                                                      Self-Regulatory Organizations; New                       The Exchange currently makes ports
                                              will limit NSCC’s exposure to potential
                                                                                                      York Stock Exchange LLC; Notice of                    available that provide connectivity to
                                              losses from the default of a member on
                                                                                                      Filing and Immediate Effectiveness of                 the Exchange’s trading systems (i.e.,
                                              NSCC’s Watch List with family-issued                    Proposed Rule Change Amending Its                     ports for entry of orders and/or quotes
                                              securities under normal market                          Price List To Change the Monthly Fees                 (‘‘order/quote entry ports’’)) and charges
                                              conditions. As such, the Commission                     for the Use of Certain Ports                          $200 per port per month for users of 1–
                                              believes that the proposal is consistent                                                                      5 ports, and $500 per port per month for
                                              with Rule 17Ad–22(b)(1).                                October 5, 2015.                                      users of 6 or more ports. The Exchange
                                                 Consistency with Rule 17Ad–22(b)(2).                    Pursuant to Section 19(b)(1) of the                also currently makes ports available for
                                              Rule 17Ad–22(b)(2) 17 under the Act                     Securities Exchange Act of 1934                       drop copies and charges $500 per port
                                                                                                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2               per month.4
                                              requires a CCP, such as NSCC, to
                                                                                                      notice is hereby given that on
                                              ‘‘establish, implement, maintain and
                                                                                                      September 23, 2015, New York Stock                       3 The Exchange has a Common Customer Gateway
                                              enforce written policies and procedures                 Exchange LLC (‘‘NYSE’’ or the                         (‘‘CCG’’) that accesses the equity trading systems
                                              reasonably designed to . . . [u]se                      ‘‘Exchange’’) filed with the Securities               that it shares with its affiliates, NYSE MKT LLC
                                              margin requirements to limit its credit                 and Exchange Commission (‘‘SEC’’ or                   (‘‘NYSE MKT’’) and NYSE Arca, Inc. (‘‘NYSE
                                              exposures to participants under normal                                                                        Arca’’), and all ports connect to the CCG. See, e.g.,
                                                                                                      ‘‘Commission’’) the proposed rule                     Securities Exchange Act Release No. 64542 (May
                                              market conditions and use risk-based                    change as described in Items I, II, and               25, 2011), 76 FR 31659 (June 1, 2011) (SR–NYSE–
                                              models and parameters to set margin                     III below, which Items have been                      2011–13). All NYSE member organizations are also
                                              requirements . . . ’’ By enhancing the                                                                        NYSE MKT member organizations and, accordingly,
                                                                                                      prepared by the Exchange. The                         a member organization utilizes its ports for activity
                                              margin methodology applied to family-                   Commission is publishing this notice to               on both NYSE and/or NYSE MKT and is charged
                                              issued securities of NSCC’s members                     solicit comments on the proposed rule                 port fees based on the total number of ports
                                              that are on its Watch List, the proposal                change from interested persons.                       connected to the CCG, whether the ports are used
                                                                                                                                                            to quote and trade on NYSE, NYSE MKT, and/or
                                              will better account for and cover NSCC’s                                                                      both, because those trading systems are integrated.
                                                                                                      I. Self-Regulatory Organization’s
                                              credit exposure to less creditworthy                                                                          See Supplementary Material .10 to Rule 2. The
                                                                                                      Statement of the Terms of Substance of                NYSE Arca trading platform is not integrated in the
                                              members. In addition, by taking into
                                                                                                      the Proposed Rule Change                              same manner. Therefore, it does not share its ports
                                              account specific wrong-way risk arising                                                                       with NYSE or NYSE MKT.
                                              from family-issued securities submitted                    The Exchange proposes to amend its                    4 Only one fee per drop copy port applies, even

                                              to NSCC, the proposal is consistent with                Price List to change the monthly fees for             if receiving drop copies from multiple order/quote
                                              using risk based models and parameters                  the use of certain ports. The Exchange                entry ports. In addition, the Price List provides that
                                                                                                      proposes to implement the fee change                  (i) users of the Exchange’s Risk Management
                                              to set margin requirements. As such, the                                                                      Gateway service (‘‘RMG’’) are not charged for order/
                                              Commission believes that the proposal                   effective October 1, 2015. The text of the            quote entry ports if such ports are designated as
                                                                                                      proposed rule change is available on the              being used for RMG purposes, and (ii) Designated
                                              is consistent with Rule 17Ad–22(b)(2).
                                                                                                      Exchange’s Web site at www.nyse.com,                  Market Makers (‘‘DMMs’’) are not charged for order/
                                              IV. Conclusion                                          at the principal office of the Exchange,              quote entry ports that connect to the Exchange via
                                                                                                                                                            the DMM Gateway. See Securities Exchange Act
                                                                                                      and at the Commission’s Public                        Release No. 68229 (November 14, 2012), 77 FR
                                                On the basis of the foregoing, the                    Reference Room.                                       69688 (November 20, 2012) (SR–NYSE–2012–60).
                                              Commission finds that the proposal is                                                                         Two methods are available to DMMs to connect to
                                              consistent with the requirements of the                 II. Self-Regulatory Organization’s                    the Exchange: DMM Gateway and CCG. Only DMMs
                                              Act and in particular with the                          Statement of the Purpose of, and                      may connect to the DMM Gateway and only when
                                                                                                      Statutory Basis for, the Proposed Rule                acting in their capacity as a DMM. DMMs are
                                              requirements of Section 17A of the                                                                            required to use the DMM Gateway for certain DMM-
                                                                                                      Change
                                              Act 18 and the rules and regulations                                                                          specific functions that relate to the DMM’s role on
                                              thereunder.                                               In its filing with the Commission, the              the Exchange and the obligations attendant
                                                                                                                                                            therewith, which are not applicable to other market
                                                                                                      self-regulatory organization included
                                                It is therefore ordered, pursuant to                                                                        participants on the Exchange. By contrast, non-
                                                                                                      statements concerning the purpose of,                 DMMs as well as DMMs may use the CCG. Use of
                                              Section 19(b)(2) of the Act, that
                                                                                                      and basis for, the proposed rule change               the CCG by a DMM is optional, and a DMM that
                                              proposed rule change SR–NSCC–2015–                                                                            connects to the Exchange via CCG can use the
                                                                                                      and discussed any comments it received
                                              003 be, and hereby is, APPROVED.19                      on the proposed rule change. The text                 relevant order/quote entry port for orders and
                                                                                                                                                            quotes both in its capacity as a DMM and for orders
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      of those statements may be examined at                and quotes in other securities. Because DMMs are
                                                17 17  CFR 240.17Ad–22(b)(2).                         the places specified in Item IV below.                required to utilize DMM Gateway, but not CCG, to
                                                18 15                                                 The Exchange has prepared summaries,                  fulfill their functions as DMMs, DMMs are not
                                                       U.S.C. 78q–1.
                                                                                                                                                            charged for order/quote entry ports that connect to
                                                 19 In approving the proposed rule change, the
                                                                                                                                                            the Exchange via the DMM Gateway. However,
                                              Commission considered the proposal’s impact on            20 17 CFR 200.30–3(a)(12).                          DMMs, like other market participants, are charged
                                              efficiency, competition, and capital formation. 15        1 15 U.S.C. 78s(b)(1).                              for order/entry ports that connect to the Exchange
                                              U.S.C. 78c(f).                                            2 17 CFR 240.19b–4.                                 via the CCG.



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Document Created: 2015-12-15 08:34:17
Document Modified: 2015-12-15 08:34:17
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 61256 

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