81_FR_78439 81 FR 78224 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Proposed Rule Change Concerning the Options Clearing Corporation's Margin Coverage During Times of Increase Volatility

81 FR 78224 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Proposed Rule Change Concerning the Options Clearing Corporation's Margin Coverage During Times of Increase Volatility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 215 (November 7, 2016)

Page Range78224-78228
FR Document2016-26791

Federal Register, Volume 81 Issue 215 (Monday, November 7, 2016)
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78224-78228]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26791]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79212; File No. SR-OCC-2016-013]


Self-Regulatory Organizations; The Options Clearing Corporation; 
Notice of Filing of Proposed Rule Change Concerning the Options 
Clearing Corporation's Margin Coverage During Times of Increase 
Volatility

November 1, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 18, 2016, The Options Clearing Corporation (``OCC'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II and III below, which 
Items have been prepared by OCC. The Commission is publishing this 
notice to solicit comments on the rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    This proposed rule change by OCC would modify the current process 
for systematically monitoring market conditions and performing 
adjustments to its margin coverage when current market volatility 
increases beyond historically observed levels.

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

    In its filing with the Commission, OCC included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. OCC has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of these 
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

1. Purpose
    OCC's margin methodology, the System for Theoretical Analysis and 
Numerical Simulations (``STANS''), is OCC's proprietary risk management 
system that calculates Clearing Members' \3\ margin requirements.\4\ 
STANS utilizes large-scale Monte Carlo simulations to forecast price 
movement and correlations in determining a Clearing Member's margin 
requirement.\5\ The STANS margin requirement is a portfolio calculation 
at the level of Clearing Member legal entity marginable net positions 
tier account (tiers can be customer, firm, or market marker) and 
consists of an estimate of 99% 2-day expected shortfall and an add-on 
for model risk (the concentration/dependence stress test charge).
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    \3\ See OCC By-Laws Article 1(C)(14).
    \4\ See Securities Exchange Act Release No. 53322 (February 15, 
2006), 71 FR 9403 (February 23, 2006) (SR-OCC-2004-20). A detailed 
description of the STANS methodology is available at http://optionsclearing.com/risk-management/margins/.
    \5\ See OCC Rule 601.
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    The majority of risk factors utilized in the STANS methodology are 
total returns on individual equity securities. Other risk factors 
considered include: Returns on equity indices; changes in the 
calibrated coefficients of a model describing the yield curve for U.S. 
government securities; ``returns'' on the nearest-to-expiration futures 
contracts of various kinds; and changes in foreign exchange rates. For 
the volatility of each risk factor, the Monte Carlo simulations use the 
greater of: (i) The short-term volatility level predicted by the model; 
and (ii) an estimate of its longer-run level. In between the monthly 
re-estimations of all the models, volatilities are automatically re-
scaled to the greater of the short-term or the longer-run levels to 
mitigate pro-cyclicality \6\ in the margin levels. (This daily 
volatility measure is called the ``uniform scale factor.'') The uniform 
scale factor is a multiplier used in connection with STANS calculations 
to account for, among other things, the difference between short-term 
and long-term volatility forecasts for equities. It is specifically 
defined as the ratio of long-run volatility (10Y+) over short-run 
volatility (2Y). It is used to ``scale up'' the short-run volatility of 
the securities (e.g., IBM) that are subject to monthly update, in order 
to estimate long-run volatility. It is also used to capture data gaps 
between monthly updates.
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    \6\ A quality that is positively correlated with the overall 
state of the economy is deemed to be pro-cyclical.
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    An approach employed by OCC to mitigate pro-cyclicality within 
STANS is to estimate market volatility based on current market 
conditions (``current market estimate'') and compare this current 
market estimate to a long-run estimate of market volatility (``long-run 
market estimate''). This comparison utilizes certain market benchmarks 
(or factors), which serve as proxies for the overall volatility of an 
asset class or group of products. If the long-run market estimate for a 
factor is found to be greater than the current market estimate, the 
volatility estimates for all products tied to that factor are adjusted 
(or scaled) up in a manner proportionate to the relationship between 
the current market volatility and the long-run market volatility for 
that factor.
    Current STANS includes a single factor (``uniform scale factor''), 
which serves as the proxy for the equity asset class. This uniform 
scale factor is calibrated based on changes in the volatility of the 
Standard & Poor's 500[supreg] Index (``SPX'') and applied to all 
``equity-based products'' in the manner described above. Currently, the 
uniform scale factor is the only scale factor used in STANS. The 
proposed change is intended to enhance the STANS margin calculations by 
providing for the capability to increase the number of

[[Page 78225]]

scale factors used within STANS in cases where a more appropriate proxy 
has been identified for a particular asset class or group of products 
to measure the relationship between current vs. long-run market 
volatility.
Summary of the Proposed Change
    OCC believes that the current approach to scale factors in STANS 
would be improved by providing the functionality to establish multiple 
scale factors intended to more accurately measure the relationship 
between current and long-run market volatility with proxies that 
correlate more closely to groups of products within an asset class 
(e.g., Russell 1000 Index and Russell 1000 ETFs), which would enhance 
the accuracy of the margin requirements in STANS.\7\ Furthermore, OCC 
can improve the resiliency of its risk management framework for non-
equity asset classes where open interest cleared by OCC has grown, but 
where scale factors currently do not exist. By incorporating this 
process to scale margin coverages when current market volatility 
exceeds historically heightened levels that have been established to 
mitigate pro-cyclicality, OCC's margin methodology is able to 
expeditiously respond to severe changes in market volatility and thus 
better protect the integrity of our financial markets.
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    \7\ In this case, accuracy is measured against backtesting 
results. Pursuant to OCC's Model Risk Management Policy, an accurate 
99% value-at-risk model should expect exceedances at a rate of 1% 
per independent trial. If the exceedance rate is too high, the model 
is missing key risks; if the exceedance rate is too low, the model 
is not consistent with the organization's risk appetite. To the 
extent that the conditional variances of not all relevant risk 
factors move in lock-step to the conditional variance of SPX, 
multiple scale factors offers the opportunity to be more accurate.
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Scale Factor for Equity-Based Products
Current Uniform Scale Factor for Equity-Based Products
    The uniform scale factor for the SPX roughly represents the ratio 
of OCC's estimates of the long-run market volatility to the forecast 
market volatility determined by most recent 24-month daily historical 
returns.\8\ To determine the estimate of current market volatility, OCC 
relies on daily pricing information for equity securities and exchange-
traded funds over a twenty-four month period ending with the last day 
of the immediately preceding month. To populate this twenty-four month 
time series, OCC relies on external vendors, with which it maintains 
redundant relationships for resiliency,\9\ to adjust the daily pricing 
information to account for corporate actions involving these 
securities. This daily pricing information is received from its 
vendor(s) after the close of each month, at which time OCC updates its 
twenty-four month time series adding the new month and dropping the 
last month of data. This process of updating the time series on a 
monthly basis is referred to as a ``pending'' time series due to the 
batch process used to update the time series. The long-run time series 
used by the uniform scale factor is updated on a daily basis (i.e., 
non-pending update) with pricing information for the SPX dating back to 
January 1, 1946. OCC calculates the uniform scale factor each business 
day by comparing the current market volatility, using pending price 
updates to the long-run time series using non-pending, or current, 
market prices.
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    \8\ The uniform scale factor has been a part of STANS since it 
was installed in 2006. See Securities Exchange Act Release No. 53322 
(February 15, 2006), 71 FR 9403 (February 23, 2006) (SR-OCC-2004-
20).
    \9\ Specifically, OCC maintains both a primary and backup data 
center that receive live price feeds from multiple price vendors. In 
the event of service disruption OCC is able to transition to an 
alternate data center and/or pricing vendor, as applicable.
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    The uniform scale factor is applied to all equity products and is 
used to adjust individual equity current market volatility estimates on 
a daily basis based on the comparison of the current market volatility 
and the long-run volatility estimate, which is updated daily. Should it 
be observed that the current market volatility is less than the long-
run volatility, all products tied to the uniform scale factor will be 
adjusted higher based on the ratio of the long-run volatility estimate 
to the current market volatility estimate to account for the observed 
change in volatility. In addition, the uniform scale factor is also 
used to account for the fact that the distribution of returns for the 
SPX has a ``fat tail'' \10\ because the scale factor seeks to match 
estimates of expected margin shortfalls under the scenarios in STANS 
for a hypothetical long position in the SPX.
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    \10\ A fat-tailed distribution is a probability distribution 
that exhibits large skewness or kurtosis. Compared with a standard 
normal distribution or bell curve, it has a higher probability of 
occurrence of extreme events.
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    The uniform scale factor resulting from the calculations described 
above is applied as a multiplier to hypothetical returns on a long 
portfolio of equities produced during the Monte Carlo market scenarios 
run within STANS. By ``scaling up'' hypothetical returns in this way, 
the uniform scale factor relies on an assumption that more recent 
behavior of SPX returns will provide an appropriate proxy for the 
volatility in equity price returns that occur between monthly updates 
of price data for the pending short-run time series. Accordingly, the 
uniform scale factor helps OCC set margin requirements that account for 
this proxy to ensure that Clearing Members maintain margin assets that 
would be sufficient in light of historical volatility of the SPX.
Proposed Changes to the Uniform Scale Factor for Equity-Based Products
    The average longer-run volatility forecast used in OCC's 
computation of the uniform scale factor currently relies on daily 
pricing information for component securities of the SPX dating back to 
January of 1946. This time series predates, however, the 1957 
introduction of the SPX. To accurately account for the behavior of SPX 
returns only since the inception of the index, OCC proposes to adjust 
the longer-run volatility forecast so that it would rely only on the 
post-1957 information. OCC believes that this approach would reduce 
model risk \11\ and improve the quality of the data by avoiding the 
need to make assumptions related to the composition of the index before 
its actual development.\12\
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    \11\ OCC defines ``model risk'' as the potential for adverse 
consequences of incorrect or misused model outputs and reports.
    \12\ As defined in OCC's Model Risk Management Policy, Model 
Risk, in the sense of material exposure to the consequences of poor 
assumptions, is reduced by making models adhere accurately to 
observed phenomena. In this case, by reducing the role of the 
uniform scale factor as a proxy between monthly updates of 
univariate models for risk factors and by allowing certain risk 
factors to bypass the monthly update process, as described below, 
OCC believes that this proposed change would reduce model risk.
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Proposed New Scale Factors for Equity-Based Products
    To more accurately measure the relationship between current and 
long-run market volatility with proxies that correlate more closely to 
certain products carried within the equity asset class, OCC proposes to 
expand the number of scale factors to include: (1) Russell 2000[supreg] 
Index (12/29/1978); (2) Dow Jones Industrial Average Index (9/23/1997); 
(3) NASDAQ-100 Index (2/4/1985) and (4) S&P 100 Index (1/2/1976).\13\ 
While the SPX scale factor will continue to serve as the default scale 
factor for most equity products, the index options, futures and ETFs 
which map to these indexes will be assigned to these scale factors and 
whose current volatility estimates will be adjusted

[[Page 78226]]

based on the aforementioned methodology.
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    \13\ The dates in parentheticals are the dates from which OCC 
has historical data on the specified index.
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    Consistent with OCC's existing Margin Policy,\14\ OCC will evaluate 
the performance and use of these scale factors and determine if changes 
to the mapping of products to scale factors or the addition of new 
scale factors are warranted. Prior to any changes being implemented OCC 
would present its findings to the Enterprise Risk Management Committee 
and obtain approval to make the recommended enhancements.
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    \14\ OCC's Margin Policy describes OCC's approach to prudently 
managing market and credit exposures presented by its Clearing 
Members.
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Proposed Anti-Procylical [sic.] Measure for Equity-Based Scale Factors
    In order to mitigate against pro-cyclicality, OCC intends to apply 
the relevant scale factor to the greater of (i) the estimated variance 
of the 1-day return scenarios or (ii) the historical variance of the 
daily return scenarios of a particular instrument, as a floor. OCC 
believes this floor would mitigate pro-cyclicality in the relevant 
return scenarios because it would result in a higher estimate of 
volatility during periods of relatively lower market volatility than if 
only the estimated variance in (i) above was used.
Scale Factor for Non-Equity-Based Products
Proposed New Scale Factors for Non-Equity-Based Products
    In addition to equity products, OCC has observed a growth in the 
open interest in other asset classes, most notably the volatility asset 
class, for which an equity-based scale factor would not be applicable 
based on negligible correlations observed. To be able to monitor and 
respond to material changes in the volatility of these asset classes 
while also mitigating pro-cyclicality, OCC proposes to introduce 
additional scale factors in STANS related to volatility contracts.
    For the volatility asset class, different from equities, volatility 
characteristics are differentiated based on the term of an instrument. 
As a result, the implementation of the scale factor will be different 
from the implementation for the equity asset class. Individual products 
would be linked within STANS to a particular scale factor not only in 
accordance with price correlations, but will also consider term 
structure (i.e., non-equity futures contracts of different 
maturities).\15\
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    \15\ OCC would adopt scale factors specific to existing 
volatility indices, which include volatility indices on the S&P 500 
(VIX and VXST), Russell 2000 (RVX), gold (GVZ), oil (OVX), emerging 
markets (VXEEM), Brazil (VXEWZ), Nasdaq 100 (VXN) and 10-year 
Treasury Notes (VXTYN).
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    With regard to the scale factor(s) applicable to implied volatility 
indexes, the data set would consist of index closing prices for certain 
volatility indices with a time series that would run from October 1, 
2004 (based on available historical data). Applying scale factors to 
hypothetical returns in this asset class, as is done today for equity-
based products, will help ensure that OCC's margin requirements capture 
shifts in market volatility in these non-equity asset classes, and OCC 
believes these enhancements would generally promote a more accurate 
approach to margining within STANS,\16\ particularly when markets are 
volatile.
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    \16\ See notes. 4 & 8, supra.
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Proposed Daily Statistical Updates for the Treasury Yield Curve Model
    In addition to implementing the scale factors described above, OCC 
is also proposing to implement processing changes that would update the 
statistical models for common factors related to Treasury securities on 
a daily basis. These model changes would allow OCC to monitor and 
respond to material changes in the volatility of Treasury securities 
while also mitigating pro-cyclicality without implementing a scale 
factor specific to Treasury securities. OCC believes that updating its 
Treasury securities models on a daily basis is a more appropriate way 
to monitor and respond to material changes in the volatility of 
Treasury securities while also mitigating pro-cyclicality since the 
Treasury yield curve model is relatively less complex, with only three 
factors, and the structure of the Treasuries securities model does not 
lend itself to a returns-based scale factor (as is used with equity and 
volatility derivatives, as described above).
    Specifically, OCC is proposing to enhance its existing yield curve 
model that OCC uses to project U.S. Treasury security returns, which is 
updated monthly. The model contains underlying data set and time series 
information for Treasury securities, which run from February 4, 2008 
(based on available historical data) and, after implementing the 
proposed enhancements, the model would be updated on a daily basis as 
new data and time series information becomes available. The proposed 
enhancements would promote a more accurate approach to margining within 
STANS, as it relates to Treasury securities, particularly when markets 
are volatile because the daily statistical updates would prevent the 
model from becoming stale between monthly updates.
Impact Analysis and Outreach
    Based on simulation testing for the period from January 14, 2015, 
to March 6, 2015, risk margins (i.e., expected shortfall plus the 
concentration/dependence add-on) would have been 5.2% higher in 
aggregate as a consequence of these changes. This is mostly due to 
higher coverage for the Russell 2000 Index and index ETF products under 
the new methodology. The absolute variation in risk margins relative to 
production was greater than 5% of Clearing Member capital for about 11% 
of Clearing Member-days over the simulation period.
    In order to inform Clearing Members of the proposed change, OCC 
provided a general update at a recent OCC Roundtable \17\ meeting and 
would continue to provide updates at Roundtable meetings on a quarterly 
basis going forward. In addition, OCC would publish an Information 
Memorandum to all Clearing Members describing the proposed change and 
will provide additional periodic Information Memoranda updates prior to 
the implementation date. OCC would also provide at least thirty days 
prior notice to Clearing Members before implementing the change. 
Additionally, OCC would perform targeted and direct outreach with 
Clearing Members that would be most impacted by the proposed change and 
OCC would work closely with such Clearing Members to coordinate the 
implementation and associated funding for such Clearing Members 
resulting from the proposed change.\18\ Finally, OCC would discuss the 
proposed change with its cross-margin clearing house partners to ensure 
they are aware of the proposed change.\19\
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    \17\ The OCC Roundtable was established to bring Clearing 
Members, exchanges and OCC together to discuss industry and 
operational issues. It is comprised of representatives of the senior 
OCC staff, participant exchanges and Clearing Members, representing 
the diversity of OCC's membership in industry segments, OCC-cleared 
volume, business type, operational structure and geography.
    \18\ Specifically, OCC will discuss with those Clearing Members 
how they plan to satisfy any increase in their margin requirements 
associated with the proposed change.
    \19\ Cross-margin accounts are not uniquely affected by the 
proposed change and would be affected by the proposed change in the 
same manner as any other type of OCC account.
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2. Statutory Basis
    OCC believes that the proposed rule changes are consistent with 
Section

[[Page 78227]]

17A(b)(3)(F) of the Act,\20\ because they would assure the safeguarding 
of securities and funds in the custody and control of OCC by enhancing 
the current approach for monitoring market conditions and performing 
adjustments to OCC's margin coverage on both equity and non-equity 
based derivatives products for which OCC provides clearance and 
settlement services when current volatility increase beyond 
historically observed levels. OCC uses the margin it collects from a 
defaulting Clearing Member to protect other Clearing Members from loss 
as a result of the defaulting Clearing Member. By more accurately 
computing Clearing Member margin requirements OCC can assure the 
safeguarding of securities and funds in its custody and control.
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    \20\ 15 U.S.C. 78q-1(b)(3)(F).
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    The proposed model changes described above would enhance the manner 
in which OCC computes margin requirements for Clearing Members. 
Specifically, the proposed changes to the Uniform Scale Factor for 
equity-based products to rely only on post-1957 information would 
reduce model risk and improve the quality of data by avoiding 
unnecessary assumptions related to the composition of the SPX before 
its inception. The proposed four new scale factors for equity-based 
products would more accurately measure the relationship between current 
and long-run market volatility with proxies that are correlated more 
closely to certain products within the equity asset class. The proposed 
introduction of new scale factors for non-equity based products, for 
both the volatility assets class and the implied volatility indexes 
will promote a more accurate approach to margining STANS, when markets 
experience shifts in volatility. The proposed daily statistical updates 
for the Treasury yield curve model would allow OCC to monitor and 
response to material changes in the volatility of Treasury securities 
while also mitigating pro-cyclicality. Taken together, the changes to 
the uniform scale factor, the addition of new equity-based scale 
factors, the addition of non-equity based scale factors and 
introduction of daily statistical updates for the Treasury yield curve 
model cause STANS to more accurately compute Clearing Member margin 
requirements to reflect the risk of Clearing Member portfolios thereby 
reducing the risk that Clearing Member margin assets would be 
insufficient should OCC need to use such assets to close-out the 
positions of a defaulted Clearing Member. Further, the proposed rule 
changes would make it less likely that the default of a Clearing Member 
would stress the financial resources available to OCC, which include 
mutualized resource funds deposited by non-defaulting Clearing Members 
as Clearing Fund.
    OCC believes that the proposed rule changes are also consistent 
with Rule 17Ad-22(b)(2) \21\ because they would limit OCC's credit 
exposures to its participants under normal market conditions and use 
risk-based models and parameters to set OCC's margin requirements. As 
described above, the risk-based model and parameter changes to the 
uniform scale factor, the addition of new equity-based scale factors, 
the addition of non-equity based scale factors and introduction of 
daily statistical updates for the Treasury yield curve model cause 
STANS to more accurately compute Clearing Member margin requirements. 
By more accurately computing Clearing Member margin requirements, OCC 
reduces its credit exposure to its Clearing Members.
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    \21\ 17 CFR 240.17Ad-22(b)(2).
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    The proposed rule changes are not inconsistent with the existing 
rules of OCC, including any other rules proposed to be amended.

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

    OCC does not believe that the proposed rule change would impact or 
impose any burden on competition.\22\ The proposed rule change would 
allow OCC to adjust Clearing Member margin requirements when current 
volatility increases beyond historical levels. While as a result of the 
proposed rule change Clearing Members may experience daily margin 
fluctuations of up to ten percent, such fluctuations are equal in 
amount to fluctuations Clearing Members typically experience as a 
result of changes in market price, volatility or interest rates. 
Therefore, OCC believes that the proposed rule change would not 
unfairly inhibit access to OCC's services or disadvantage or favor any 
particular user in relationship to another user. In addition, the 
proposed rule change would be applied uniformly to all Clearing Members 
in establishing their margin requirements.
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    \22\ 15 U.S.C. 78q-1(b)(3)(I).
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    For the foregoing reasons, OCC believes that the proposed rule 
change is in the public interest, would be consistent with the 
requirements of the Act applicable to clearing agencies, and would not 
impact or impose a burden on competition.

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

    Written comments were not and are not intended to be solicited with 
respect to the proposed rule change and none have been received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-OCC-2016-013 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OCC-2016-013. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the

[[Page 78228]]

public in accordance with the provisions of 5 U.S.C. 552, will be 
available for Web site viewing and printing in the Commission's Public 
Reference Room, 100 F Street NE., Washington, DC 20549, on official 
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of 
such filing also will be available for inspection and copying at the 
principal office of OCC and on OCC's Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_16_013.pdf.
    All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly.
    All submissions should refer to File Number SR-OCC-2016-013 and 
should be submitted on or before November 28, 2016.
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    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated Authority.\23\
Brent J. Fields,
Secretary
[FR Doc. 2016-26791 Filed 11-4-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                78224                       Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices

                                                Commission process and review your                      (‘‘Commission’’) the proposed rule                    the calibrated coefficients of a model
                                                comments more efficiently, please use                   change as described in Items I, II and III            describing the yield curve for U.S.
                                                only one method. The Commission will                    below, which Items have been prepared                 government securities; ‘‘returns’’ on the
                                                post all comments on the Commission’s                   by OCC. The Commission is publishing                  nearest-to-expiration futures contracts of
                                                Internet Web site (http://www.sec.gov/                  this notice to solicit comments on the                various kinds; and changes in foreign
                                                rules/sro.shtml). Copies of the                         rule change from interested persons.                  exchange rates. For the volatility of each
                                                submission, all subsequent                                                                                    risk factor, the Monte Carlo simulations
                                                                                                        I. Clearing Agency’s Statement of the
                                                amendments, all written statements                                                                            use the greater of: (i) The short-term
                                                                                                        Terms of Substance of the Proposed
                                                with respect to the proposed rule                                                                             volatility level predicted by the model;
                                                                                                        Rule Change
                                                change that are filed with the                                                                                and (ii) an estimate of its longer-run
                                                Commission, and all written                                This proposed rule change by OCC                   level. In between the monthly re-
                                                communications relating to the                          would modify the current process for                  estimations of all the models, volatilities
                                                proposed rule change between the                        systematically monitoring market                      are automatically re-scaled to the greater
                                                Commission and any person, other than                   conditions and performing adjustments                 of the short-term or the longer-run levels
                                                those that may be withheld from the                     to its margin coverage when current                   to mitigate pro-cyclicality 6 in the
                                                public in accordance with the                           market volatility increases beyond                    margin levels. (This daily volatility
                                                provisions of 5 U.S.C. 552, will be                     historically observed levels.                         measure is called the ‘‘uniform scale
                                                available for Web site viewing and                      II. Clearing Agency’s Statement of the                factor.’’) The uniform scale factor is a
                                                printing in the Commission’s Public                     Purpose of, and Statutory Basis for, the              multiplier used in connection with
                                                Reference Room, 100 F Street NE.,                       Proposed Rule Change                                  STANS calculations to account for,
                                                Washington, DC 20549 on official                                                                              among other things, the difference
                                                business days between the hours of                         In its filing with the Commission,                 between short-term and long-term
                                                10:00 a.m. and 3:00 p.m. Copies of the                  OCC included statements concerning                    volatility forecasts for equities. It is
                                                filing also will be available for                       the purpose of and basis for the                      specifically defined as the ratio of long-
                                                inspection and copying at the principal                 proposed rule change and discussed any                run volatility (10Y+) over short-run
                                                office of the Exchange. All comments                    comments it received on the proposed                  volatility (2Y). It is used to ‘‘scale up’’
                                                received will be posted without change;                 rule change. The text of these statements             the short-run volatility of the securities
                                                the Commission does not edit personal                   may be examined at the places specified               (e.g., IBM) that are subject to monthly
                                                identifying information from                            in Item IV below. OCC has prepared                    update, in order to estimate long-run
                                                submissions. You should submit only                     summaries, set forth in sections (A), (B),            volatility. It is also used to capture data
                                                information that you wish to make                       and (C) below, of the most significant                gaps between monthly updates.
                                                available publicly. All submissions                     aspects of these statements.                             An approach employed by OCC to
                                                should refer to File Number SR–                         (A) Clearing Agency’s Statement of the                mitigate pro-cyclicality within STANS
                                                NYSEMKT–2016–98 and should be                           Purpose of, and Statutory Basis for, the              is to estimate market volatility based on
                                                submitted on or before November 28,                     Proposed Rule Change                                  current market conditions (‘‘current
                                                2016.                                                                                                         market estimate’’) and compare this
                                                                                                        1. Purpose                                            current market estimate to a long-run
                                                  For the Commission, by the Division of
                                                Trading and Markets, pursuant to delegated                 OCC’s margin methodology, the                      estimate of market volatility (‘‘long-run
                                                authority.44                                            System for Theoretical Analysis and                   market estimate’’). This comparison
                                                Brent J. Fields,                                        Numerical Simulations (‘‘STANS’’), is                 utilizes certain market benchmarks (or
                                                Secretary.                                              OCC’s proprietary risk management                     factors), which serve as proxies for the
                                                [FR Doc. 2016–26795 Filed 11–4–16; 8:45 am]
                                                                                                        system that calculates Clearing                       overall volatility of an asset class or
                                                                                                        Members’ 3 margin requirements.4                      group of products. If the long-run
                                                BILLING CODE 8011–01–P
                                                                                                        STANS utilizes large-scale Monte Carlo                market estimate for a factor is found to
                                                                                                        simulations to forecast price movement                be greater than the current market
                                                SECURITIES AND EXCHANGE                                 and correlations in determining a                     estimate, the volatility estimates for all
                                                COMMISSION                                              Clearing Member’s margin                              products tied to that factor are adjusted
                                                                                                        requirement.5 The STANS margin                        (or scaled) up in a manner proportionate
                                                [Release No. 34–79212; File No. SR–OCC–                 requirement is a portfolio calculation at
                                                2016–013]
                                                                                                                                                              to the relationship between the current
                                                                                                        the level of Clearing Member legal entity             market volatility and the long-run
                                                                                                        marginable net positions tier account                 market volatility for that factor.
                                                Self-Regulatory Organizations; The
                                                                                                        (tiers can be customer, firm, or market                  Current STANS includes a single
                                                Options Clearing Corporation; Notice
                                                                                                        marker) and consists of an estimate of                factor (‘‘uniform scale factor’’), which
                                                of Filing of Proposed Rule Change
                                                                                                        99% 2-day expected shortfall and an                   serves as the proxy for the equity asset
                                                Concerning the Options Clearing
                                                                                                        add-on for model risk (the                            class. This uniform scale factor is
                                                Corporation’s Margin Coverage During
                                                                                                        concentration/dependence stress test                  calibrated based on changes in the
                                                Times of Increase Volatility
                                                                                                        charge).                                              volatility of the Standard & Poor’s 500®
                                                November 1, 2016.                                          The majority of risk factors utilized in           Index (‘‘SPX’’) and applied to all
                                                   Pursuant to Section 19(b)(1) of the                  the STANS methodology are total                       ‘‘equity-based products’’ in the manner
                                                Securities Exchange Act of 1934                         returns on individual equity securities.              described above. Currently, the uniform
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Other risk factors considered include:                scale factor is the only scale factor used
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                                                notice is hereby given that on October                  Returns on equity indices; changes in                 in STANS. The proposed change is
                                                18, 2016, The Options Clearing                                                                                intended to enhance the STANS margin
                                                                                                          3 See OCC By-Laws Article 1(C)(14).
                                                Corporation (‘‘OCC’’) filed with the                                                                          calculations by providing for the
                                                                                                          4 See Securities Exchange Act Release No. 53322
                                                Securities and Exchange Commission                                                                            capability to increase the number of
                                                                                                        (February 15, 2006), 71 FR 9403 (February 23, 2006)
                                                                                                        (SR–OCC–2004–20). A detailed description of the
                                                  44 17 CFR 200.30–3(a)(12).                            STANS methodology is available at http://               6 A quality that is positively correlated with the
                                                  1 15 U.S.C. 78s(b)(1).                                optionsclearing.com/risk-management/margins/.         overall state of the economy is deemed to be pro-
                                                  2 17 CFR 240.19b–4.                                     5 See OCC Rule 601.                                 cyclical.



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                                                                            Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices                                                         78225

                                                scale factors used within STANS in                      relies on external vendors, with which                   equity price returns that occur between
                                                cases where a more appropriate proxy                    it maintains redundant relationships for                 monthly updates of price data for the
                                                has been identified for a particular asset              resiliency,9 to adjust the daily pricing                 pending short-run time series.
                                                class or group of products to measure                   information to account for corporate                     Accordingly, the uniform scale factor
                                                the relationship between current vs.                    actions involving these securities. This                 helps OCC set margin requirements that
                                                long-run market volatility.                             daily pricing information is received                    account for this proxy to ensure that
                                                Summary of the Proposed Change                          from its vendor(s) after the close of each               Clearing Members maintain margin
                                                                                                        month, at which time OCC updates its                     assets that would be sufficient in light
                                                   OCC believes that the current                        twenty-four month time series adding                     of historical volatility of the SPX.
                                                approach to scale factors in STANS                      the new month and dropping the last
                                                would be improved by providing the                      month of data. This process of updating                  Proposed Changes to the Uniform Scale
                                                functionality to establish multiple scale               the time series on a monthly basis is                    Factor for Equity-Based Products
                                                factors intended to more accurately                     referred to as a ‘‘pending’’ time series
                                                measure the relationship between                                                                                   The average longer-run volatility
                                                                                                        due to the batch process used to update                  forecast used in OCC’s computation of
                                                current and long-run market volatility                  the time series. The long-run time series
                                                with proxies that correlate more closely                                                                         the uniform scale factor currently relies
                                                                                                        used by the uniform scale factor is
                                                to groups of products within an asset                                                                            on daily pricing information for
                                                                                                        updated on a daily basis (i.e., non-
                                                class (e.g., Russell 1000 Index and                                                                              component securities of the SPX dating
                                                                                                        pending update) with pricing
                                                Russell 1000 ETFs), which would                                                                                  back to January of 1946. This time series
                                                                                                        information for the SPX dating back to
                                                enhance the accuracy of the margin                                                                               predates, however, the 1957
                                                                                                        January 1, 1946. OCC calculates the
                                                requirements in STANS.7 Furthermore,                                                                             introduction of the SPX. To accurately
                                                                                                        uniform scale factor each business day
                                                OCC can improve the resiliency of its                                                                            account for the behavior of SPX returns
                                                                                                        by comparing the current market
                                                risk management framework for non-                                                                               only since the inception of the index,
                                                                                                        volatility, using pending price updates
                                                equity asset classes where open interest                                                                         OCC proposes to adjust the longer-run
                                                                                                        to the long-run time series using non-
                                                cleared by OCC has grown, but where                                                                              volatility forecast so that it would rely
                                                                                                        pending, or current, market prices.
                                                scale factors currently do not exist. By                   The uniform scale factor is applied to                only on the post-1957 information. OCC
                                                incorporating this process to scale                     all equity products and is used to adjust                believes that this approach would
                                                margin coverages when current market                    individual equity current market                         reduce model risk 11 and improve the
                                                volatility exceeds historically                         volatility estimates on a daily basis                    quality of the data by avoiding the need
                                                heightened levels that have been                                                                                 to make assumptions related to the
                                                                                                        based on the comparison of the current
                                                established to mitigate pro-cyclicality,                                                                         composition of the index before its
                                                                                                        market volatility and the long-run
                                                OCC’s margin methodology is able to                                                                              actual development.12
                                                                                                        volatility estimate, which is updated
                                                expeditiously respond to severe changes
                                                                                                        daily. Should it be observed that the                    Proposed New Scale Factors for Equity-
                                                in market volatility and thus better
                                                                                                        current market volatility is less than the               Based Products
                                                protect the integrity of our financial
                                                                                                        long-run volatility, all products tied to
                                                markets.
                                                                                                        the uniform scale factor will be adjusted                  To more accurately measure the
                                                Scale Factor for Equity-Based Products                  higher based on the ratio of the long-run                relationship between current and long-
                                                Current Uniform Scale Factor for                        volatility estimate to the current market                run market volatility with proxies that
                                                Equity-Based Products                                   volatility estimate to account for the                   correlate more closely to certain
                                                                                                        observed change in volatility. In                        products carried within the equity asset
                                                  The uniform scale factor for the SPX                  addition, the uniform scale factor is also               class, OCC proposes to expand the
                                                roughly represents the ratio of OCC’s                   used to account for the fact that the                    number of scale factors to include: (1)
                                                estimates of the long-run market                        distribution of returns for the SPX has                  Russell 2000® Index (12/29/1978); (2)
                                                volatility to the forecast market                       a ‘‘fat tail’’ 10 because the scale factor               Dow Jones Industrial Average Index (9/
                                                volatility determined by most recent 24-                seeks to match estimates of expected                     23/1997); (3) NASDAQ–100 Index (2/4/
                                                month daily historical returns.8 To                     margin shortfalls under the scenarios in                 1985) and (4) S&P 100 Index (1/2/
                                                determine the estimate of current                       STANS for a hypothetical long position                   1976).13 While the SPX scale factor will
                                                market volatility, OCC relies on daily                  in the SPX.                                              continue to serve as the default scale
                                                pricing information for equity securities                  The uniform scale factor resulting                    factor for most equity products, the
                                                and exchange-traded funds over a                        from the calculations described above is                 index options, futures and ETFs which
                                                twenty-four month period ending with                    applied as a multiplier to hypothetical                  map to these indexes will be assigned to
                                                the last day of the immediately
                                                                                                        returns on a long portfolio of equities                  these scale factors and whose current
                                                preceding month. To populate this
                                                                                                        produced during the Monte Carlo                          volatility estimates will be adjusted
                                                twenty-four month time series, OCC
                                                                                                        market scenarios run within STANS. By
                                                  7 In this case, accuracy is measured against
                                                                                                        ‘‘scaling up’’ hypothetical returns in this                 11 OCC defines ‘‘model risk’’ as the potential for

                                                backtesting results. Pursuant to OCC’s Model Risk       way, the uniform scale factor relies on                  adverse consequences of incorrect or misused
                                                Management Policy, an accurate 99% value-at-risk        an assumption that more recent                           model outputs and reports.
                                                                                                                                                                    12 As defined in OCC’s Model Risk Management
                                                model should expect exceedances at a rate of 1%         behavior of SPX returns will provide an
                                                per independent trial. If the exceedance rate is too                                                             Policy, Model Risk, in the sense of material
                                                high, the model is missing key risks; if the
                                                                                                        appropriate proxy for the volatility in                  exposure to the consequences of poor assumptions,
                                                exceedance rate is too low, the model is not                                                                     is reduced by making models adhere accurately to
                                                                                                          9 Specifically, OCC maintains both a primary and       observed phenomena. In this case, by reducing the
                                                consistent with the organization’s risk appetite. To
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                                                the extent that the conditional variances of not all    backup data center that receive live price feeds from    role of the uniform scale factor as a proxy between
                                                relevant risk factors move in lock-step to the          multiple price vendors. In the event of service          monthly updates of univariate models for risk
                                                conditional variance of SPX, multiple scale factors     disruption OCC is able to transition to an alternate     factors and by allowing certain risk factors to
                                                offers the opportunity to be more accurate.             data center and/or pricing vendor, as applicable.        bypass the monthly update process, as described
                                                  8 The uniform scale factor has been a part of           10 A fat-tailed distribution is a probability          below, OCC believes that this proposed change
                                                STANS since it was installed in 2006. See               distribution that exhibits large skewness or kurtosis.   would reduce model risk.
                                                Securities Exchange Act Release No. 53322               Compared with a standard normal distribution or             13 The dates in parentheticals are the dates from

                                                (February 15, 2006), 71 FR 9403 (February 23, 2006)     bell curve, it has a higher probability of occurrence    which OCC has historical data on the specified
                                                (SR–OCC–2004–20).                                       of extreme events.                                       index.



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                                                78226                       Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices

                                                based on the aforementioned                               With regard to the scale factor(s)                  because the daily statistical updates
                                                methodology.                                            applicable to implied volatility indexes,             would prevent the model from
                                                   Consistent with OCC’s existing                       the data set would consist of index                   becoming stale between monthly
                                                Margin Policy,14 OCC will evaluate the                  closing prices for certain volatility                 updates.
                                                performance and use of these scale                      indices with a time series that would
                                                                                                                                                              Impact Analysis and Outreach
                                                factors and determine if changes to the                 run from October 1, 2004 (based on
                                                mapping of products to scale factors or                 available historical data). Applying                     Based on simulation testing for the
                                                the addition of new scale factors are                   scale factors to hypothetical returns in              period from January 14, 2015, to March
                                                warranted. Prior to any changes being                   this asset class, as is done today for                6, 2015, risk margins (i.e., expected
                                                implemented OCC would present its                       equity-based products, will help ensure               shortfall plus the concentration/
                                                findings to the Enterprise Risk                         that OCC’s margin requirements capture                dependence add-on) would have been
                                                Management Committee and obtain                         shifts in market volatility in these non-             5.2% higher in aggregate as a
                                                approval to make the recommended                        equity asset classes, and OCC believes                consequence of these changes. This is
                                                enhancements.                                           these enhancements would generally                    mostly due to higher coverage for the
                                                                                                        promote a more accurate approach to                   Russell 2000 Index and index ETF
                                                Proposed Anti-Procylical [sic.] Measure                                                                       products under the new methodology.
                                                                                                        margining within STANS,16 particularly
                                                for Equity-Based Scale Factors                                                                                The absolute variation in risk margins
                                                                                                        when markets are volatile.
                                                  In order to mitigate against pro-                                                                           relative to production was greater than
                                                cyclicality, OCC intends to apply the                   Proposed Daily Statistical Updates for                5% of Clearing Member capital for about
                                                relevant scale factor to the greater of (i)             the Treasury Yield Curve Model                        11% of Clearing Member-days over the
                                                the estimated variance of the 1-day                        In addition to implementing the scale              simulation period.
                                                return scenarios or (ii) the historical                 factors described above, OCC is also                     In order to inform Clearing Members
                                                variance of the daily return scenarios of               proposing to implement processing                     of the proposed change, OCC provided
                                                a particular instrument, as a floor. OCC                changes that would update the                         a general update at a recent OCC
                                                believes this floor would mitigate pro-                 statistical models for common factors                 Roundtable 17 meeting and would
                                                cyclicality in the relevant return                      related to Treasury securities on a daily             continue to provide updates at
                                                scenarios because it would result in a                  basis. These model changes would                      Roundtable meetings on a quarterly
                                                higher estimate of volatility during                    allow OCC to monitor and respond to                   basis going forward. In addition, OCC
                                                periods of relatively lower market                      material changes in the volatility of                 would publish an Information
                                                volatility than if only the estimated                   Treasury securities while also mitigating             Memorandum to all Clearing Members
                                                variance in (i) above was used.                         pro-cyclicality without implementing a                describing the proposed change and will
                                                                                                        scale factor specific to Treasury                     provide additional periodic Information
                                                Scale Factor for Non-Equity-Based                       securities. OCC believes that updating
                                                Products                                                                                                      Memoranda updates prior to the
                                                                                                        its Treasury securities models on a daily             implementation date. OCC would also
                                                Proposed New Scale Factors for Non-                     basis is a more appropriate way to                    provide at least thirty days prior notice
                                                Equity-Based Products                                   monitor and respond to material                       to Clearing Members before
                                                   In addition to equity products, OCC                  changes in the volatility of Treasury                 implementing the change. Additionally,
                                                has observed a growth in the open                       securities while also mitigating pro-                 OCC would perform targeted and direct
                                                interest in other asset classes, most                   cyclicality since the Treasury yield                  outreach with Clearing Members that
                                                notably the volatility asset class, for                 curve model is relatively less complex,               would be most impacted by the
                                                which an equity-based scale factor                      with only three factors, and the                      proposed change and OCC would work
                                                would not be applicable based on                        structure of the Treasuries securities                closely with such Clearing Members to
                                                negligible correlations observed. To be                 model does not lend itself to a returns-              coordinate the implementation and
                                                able to monitor and respond to material                 based scale factor (as is used with equity            associated funding for such Clearing
                                                changes in the volatility of these asset                and volatility derivatives, as described              Members resulting from the proposed
                                                classes while also mitigating pro-                      above).                                               change.18 Finally, OCC would discuss
                                                                                                           Specifically, OCC is proposing to                  the proposed change with its cross-
                                                cyclicality, OCC proposes to introduce
                                                                                                        enhance its existing yield curve model                margin clearing house partners to
                                                additional scale factors in STANS
                                                                                                        that OCC uses to project U.S. Treasury                ensure they are aware of the proposed
                                                related to volatility contracts.
                                                                                                        security returns, which is updated                    change.19
                                                   For the volatility asset class, different
                                                                                                        monthly. The model contains
                                                from equities, volatility characteristics                                                                     2. Statutory Basis
                                                                                                        underlying data set and time series
                                                are differentiated based on the term of
                                                                                                        information for Treasury securities,                    OCC believes that the proposed rule
                                                an instrument. As a result, the
                                                                                                        which run from February 4, 2008 (based                changes are consistent with Section
                                                implementation of the scale factor will
                                                                                                        on available historical data) and, after
                                                be different from the implementation for
                                                                                                        implementing the proposed                                17 The OCC Roundtable was established to bring
                                                the equity asset class. Individual
                                                                                                        enhancements, the model would be                      Clearing Members, exchanges and OCC together to
                                                products would be linked within                                                                               discuss industry and operational issues. It is
                                                                                                        updated on a daily basis as new data
                                                STANS to a particular scale factor not                                                                        comprised of representatives of the senior OCC
                                                                                                        and time series information becomes
                                                only in accordance with price                                                                                 staff, participant exchanges and Clearing Members,
                                                                                                        available. The proposed enhancements                  representing the diversity of OCC’s membership in
                                                correlations, but will also consider term
                                                                                                        would promote a more accurate                         industry segments, OCC-cleared volume, business
                                                structure (i.e., non-equity futures
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                                                                                                        approach to margining within STANS,                   type, operational structure and geography.
                                                contracts of different maturities).15                                                                            18 Specifically, OCC will discuss with those
                                                                                                        as it relates to Treasury securities,
                                                                                                                                                              Clearing Members how they plan to satisfy any
                                                  14 OCC’s Margin Policy describes OCC’s approach       particularly when markets are volatile                increase in their margin requirements associated
                                                to prudently managing market and credit exposures                                                             with the proposed change.
                                                presented by its Clearing Members.                      2000 (RVX), gold (GVZ), oil (OVX), emerging              19 Cross-margin accounts are not uniquely
                                                  15 OCC would adopt scale factors specific to          markets (VXEEM), Brazil (VXEWZ), Nasdaq 100           affected by the proposed change and would be
                                                existing volatility indices, which include volatility   (VXN) and 10-year Treasury Notes (VXTYN).             affected by the proposed change in the same
                                                indices on the S&P 500 (VIX and VXST), Russell            16 See notes. 4 & 8, supra.                         manner as any other type of OCC account.



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                                                                              Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices                                            78227

                                                17A(b)(3)(F) of the Act,20 because they                   that the default of a Clearing Member                 (C) Clearing Agency’s Statement on
                                                would assure the safeguarding of                          would stress the financial resources                  Comments on the Proposed Rule
                                                securities and funds in the custody and                   available to OCC, which include                       Change Received From Members,
                                                control of OCC by enhancing the current                   mutualized resource funds deposited by                Participants or Others
                                                approach for monitoring market                            non-defaulting Clearing Members as                      Written comments were not and are
                                                conditions and performing adjustments                     Clearing Fund.                                        not intended to be solicited with respect
                                                to OCC’s margin coverage on both                             OCC believes that the proposed rule                to the proposed rule change and none
                                                equity and non-equity based derivatives                   changes are also consistent with Rule                 have been received.
                                                products for which OCC provides                           17Ad–22(b)(2) 21 because they would
                                                clearance and settlement services when                    limit OCC’s credit exposures to its                   III. Date of Effectiveness of the
                                                current volatility increase beyond                        participants under normal market                      Proposed Rule Change and Timing for
                                                historically observed levels. OCC uses                    conditions and use risk-based models                  Commission Action
                                                the margin it collects from a defaulting                  and parameters to set OCC’s margin                      Within 45 days of the date of
                                                Clearing Member to protect other                          requirements. As described above, the                 publication of this notice in the Federal
                                                Clearing Members from loss as a result                                                                          Register or within such longer period
                                                                                                          risk-based model and parameter changes
                                                of the defaulting Clearing Member. By                                                                           up to 90 days (i) as the Commission may
                                                                                                          to the uniform scale factor, the addition
                                                more accurately computing Clearing
                                                                                                          of new equity-based scale factors, the                designate if it finds such longer period
                                                Member margin requirements OCC can
                                                                                                          addition of non-equity based scale                    to be appropriate and publishes its
                                                assure the safeguarding of securities and
                                                                                                          factors and introduction of daily                     reasons for so finding or (ii) as to which
                                                funds in its custody and control.
                                                   The proposed model changes                             statistical updates for the Treasury yield            the self-regulatory organization
                                                described above would enhance the                         curve model cause STANS to more                       consents, the Commission will:
                                                manner in which OCC computes margin                       accurately compute Clearing Member                      (A) By order approve or disapprove
                                                requirements for Clearing Members.                        margin requirements. By more                          the proposed rule change, or
                                                Specifically, the proposed changes to                     accurately computing Clearing Member                    (B) institute proceedings to determine
                                                the Uniform Scale Factor for equity-                      margin requirements, OCC reduces its                  whether the proposed rule change
                                                based products to rely only on post-                      credit exposure to its Clearing Members.              should be disapproved.
                                                1957 information would reduce model                          The proposed rule changes are not                  IV. Solicitation of Comments
                                                risk and improve the quality of data by                   inconsistent with the existing rules of
                                                avoiding unnecessary assumptions                          OCC, including any other rules                          Interested persons are invited to
                                                related to the composition of the SPX                     proposed to be amended.                               submit written data, views and
                                                before its inception. The proposed four                                                                         arguments concerning the foregoing,
                                                                                                          (B) Clearing Agency’s Statement on                    including whether the proposed rule
                                                new scale factors for equity-based
                                                products would more accurately                            Burden on Competition                                 change is consistent with the Act.
                                                measure the relationship between                                                                                Comments may be submitted by any of
                                                                                                             OCC does not believe that the                      the following methods:
                                                current and long-run market volatility                    proposed rule change would impact or
                                                with proxies that are correlated more                     impose any burden on competition.22                   Electronic Comments
                                                closely to certain products within the                    The proposed rule change would allow                    • Use the Commission’s Internet
                                                equity asset class. The proposed                          OCC to adjust Clearing Member margin
                                                introduction of new scale factors for                                                                           comment form (http://www.sec.gov/
                                                                                                          requirements when current volatility                  rules/sro.shtml); or
                                                non-equity based products, for both the
                                                volatility assets class and the implied
                                                                                                          increases beyond historical levels.                     • Send an email to rule-comments@
                                                                                                          While as a result of the proposed rule                sec.gov. Please include File Number SR–
                                                volatility indexes will promote a more                    change Clearing Members may
                                                accurate approach to margining STANS,                                                                           OCC–2016–013 on the subject line.
                                                                                                          experience daily margin fluctuations of
                                                when markets experience shifts in                         up to ten percent, such fluctuations are              Paper Comments
                                                volatility. The proposed daily statistical                equal in amount to fluctuations Clearing                • Send paper comments in triplicate
                                                updates for the Treasury yield curve                      Members typically experience as a                     to Brent J. Fields, Secretary, Securities
                                                model would allow OCC to monitor and                      result of changes in market price,                    and Exchange Commission, 100 F Street
                                                response to material changes in the                       volatility or interest rates. Therefore,
                                                volatility of Treasury securities while                                                                         NE., Washington, DC 20549–1090.
                                                                                                          OCC believes that the proposed rule                   All submissions should refer to File
                                                also mitigating pro-cyclicality. Taken                    change would not unfairly inhibit
                                                together, the changes to the uniform                                                                            Number SR–OCC–2016–013. This file
                                                                                                          access to OCC’s services or disadvantage              number should be included on the
                                                scale factor, the addition of new equity-
                                                                                                          or favor any particular user in                       subject line if email is used. To help the
                                                based scale factors, the addition of non-
                                                                                                          relationship to another user. In addition,            Commission process and review your
                                                equity based scale factors and
                                                                                                          the proposed rule change would be                     comments more efficiently, please use
                                                introduction of daily statistical updates
                                                                                                          applied uniformly to all Clearing                     only one method. The Commission will
                                                for the Treasury yield curve model
                                                                                                          Members in establishing their margin                  post all comments on the Commission’s
                                                cause STANS to more accurately
                                                                                                          requirements.                                         Internet Web site (http://www.sec.gov/
                                                compute Clearing Member margin
                                                requirements to reflect the risk of                          For the foregoing reasons, OCC                     rules/sro.shtml). Copies of the
                                                Clearing Member portfolios thereby                        believes that the proposed rule change                submission, all subsequent
                                                                                                          is in the public interest, would be                   amendments, all written statements
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                                                reducing the risk that Clearing Member
                                                margin assets would be insufficient                       consistent with the requirements of the               with respect to the proposed rule
                                                should OCC need to use such assets to                     Act applicable to clearing agencies, and              change that are filed with the
                                                close-out the positions of a defaulted                    would not impact or impose a burden                   Commission, and all written
                                                Clearing Member. Further, the proposed                    on competition.                                       communications relating to the
                                                rule changes would make it less likely                                                                          proposed rule change between the
                                                                                                            21 17   CFR 240.17Ad–22(b)(2).                      Commission and any person, other than
                                                  20 15   U.S.C. 78q–1(b)(3)(F).                            22 15   U.S.C. 78q–1(b)(3)(I).                      those that may be withheld from the


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                                                78228                       Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices

                                                public in accordance with the                           proposed rule change 4 and a response                   For the Commission, by the Division
                                                provisions of 5 U.S.C. 552, will be                     letter from the Exchange.5                            of Trading and Markets, pursuant to
                                                available for Web site viewing and                         Section 19(b)(2) of the Act 6 provides             delegated authority.8
                                                printing in the Commission’s Public                     that, within 45 days of the publication               Brent J. Fields,
                                                Reference Room, 100 F Street NE.,                       of notice of the filing of a proposed rule            Secretary.
                                                Washington, DC 20549, on official                       change, or within such longer period up               [FR Doc. 2016–26787 Filed 11–4–16; 8:45 am]
                                                business days between the hours of                      to 90 days as the Commission may                      BILLING CODE 8011–01–P
                                                10:00 a.m. and 3:00 p.m. Copies of such                 designate if it finds such longer period
                                                filing also will be available for                       to be appropriate and publishes its
                                                inspection and copying at the principal                 reasons for so finding or as to which the             SECURITIES AND EXCHANGE
                                                office of OCC and on OCC’s Web site at                  self-regulatory organization consents,                COMMISSION
                                                http://www.theocc.com/components/                       the Commission shall either approve the
                                                docs/legal/rules_and_bylaws/sr_occ_16_                                                                        [Investment Company Act Release No.
                                                                                                        proposed rule change, disapprove the                  32351; 812–14633]
                                                013.pdf.                                                proposed rule change, or institute
                                                   All comments received will be posted                 proceedings to determine whether the                  Prudential ETF Trust, et al.; Notice of
                                                without change; the Commission does                     proposed rule change should be                        Application
                                                not edit personal identifying                           disapproved. The 45th day after                       November 1, 2016.
                                                information from submissions. You                       publication of the notice for this                    AGENCY:    Securities and Exchange
                                                should submit only information that                     proposed rule change is November 6,                   Commission (‘‘Commission’’).
                                                you wish to make available publicly.                    2016. The Commission is extending this                ACTION: Notice of an application for an
                                                   All submissions should refer to File                 45-day time period.                                   order under section 6(c) of the
                                                Number SR–OCC–2016–013 and should                          The Commission finds that it is                    Investment Company Act of 1940 (the
                                                be submitted on or before November 28,                  appropriate to designate a longer period              ‘‘Act’’) for an exemption from sections
                                                2016.                                                   within which to take action on the                    2(a)(32), 5(a)(1), 22(d), and 22(e) of the
                                                  For the Commission, by the Division of                proposed rule change so that it has                   Act and rule 22c-1 under the Act, under
                                                Trading and Markets, pursuant to delegated              sufficient time to consider the proposed              sections 6(c) and 17(b) of the Act for an
                                                Authority.23                                            rule change and the comment letters.                  exemption from sections 17(a)(1) and
                                                Brent J. Fields,                                        Accordingly, the Commission, pursuant                 17(a)(2) of the Act, and under section
                                                Secretary                                               to Section 19(b)(2) of the Act,7                      12(d)(1)(J) for an exemption from
                                                                                                        designates December 21, 2016, as the                  sections 12(d)(1)(A) and 12(d)(1)(B) of
                                                [FR Doc. 2016–26791 Filed 11–4–16; 8:45 am]
                                                                                                        date by which the Commission shall                    the Act. The requested order would
                                                BILLING CODE 8011–01–P                                                                                        permit (a) index-based series of certain
                                                                                                        either approve or disapprove or institute
                                                                                                        proceedings to determine whether to                   open-end management investment
                                                                                                                                                              companies (‘‘Funds’’) to issue shares
                                                SECURITIES AND EXCHANGE                                 disapprove the proposed rule change
                                                                                                                                                              redeemable in large aggregations only
                                                COMMISSION                                              (File Number SR–CHX–2016–16).
                                                                                                                                                              (‘‘Creation Units’’); (b) secondary market
                                                                                                                                                              transactions in Fund shares to occur at
                                                [Release No. 34–79216; File No. SR–CHX–                   4 See letters from: Douglas A. Cifu, Chief          negotiated market prices rather than at
                                                2016–16]                                                Executive Officer, Virtu Financial, dated September   net asset value (‘‘NAV’’); (c) certain
                                                                                                        21, 2016; R.T. Leuchtkafer, dated September 29,       Funds to pay redemption proceeds,
                                                Self-Regulatory Organizations;                          2016; Adam Nunes, Head of Business Development,       under certain circumstances, more than
                                                Chicago Stock Exchange, Inc.; Notice                    Hudson River Trading LLC, dated October 6, 2016;      seven days after the tender of shares for
                                                of Designation of a Longer Period for                   Beste Bidd, Trader, dated October 9, 2016; Joanna     redemption; (d) certain affiliated
                                                Commission Action on a Proposed                         Mallers, Secretary, FIA Principal Traders Group,
                                                                                                                                                              persons of a Fund to deposit securities
                                                Rule Change To Adopt the CHX                            dated October 13, 2016; John L. Thornton, Co-Chair,
                                                                                                        Hal S. Scott, Director, and R. Glenn Hubbard, Co-
                                                                                                                                                              into, and receive securities from, the
                                                Liquidity Taking Access Delay                           Chair, Committee on Capital Markets Regulation,       Fund in connection with the purchase
                                                                                                        dated October 13, 2016; Adam C. Cooper, Senior        and redemption of Creation Units; (e)
                                                November 1, 2016.
                                                                                                        Managing Director and Chief Legal Officer, Citadel    certain registered management
                                                  On September 6, 2016, the Chicago                     Securities, dated October 13, 2016; Tyler Gellasch,   investment companies and unit
                                                Stock Exchange, Inc. (‘‘CHX’’) filed with               Executive Director, Healthy Markets Association,      investment trusts outside of the same
                                                                                                        dated October 13, 2016; Eric Budish, Professor of
                                                the Securities and Exchange                                                                                   group of investment companies as the
                                                                                                        Economics, University of Chicago Booth School of
                                                Commission (‘‘Commission’’), pursuant                   Business, dated October 13, 2016; Elizabeth K.
                                                                                                                                                              Funds (‘‘Funds of Funds’’) to acquire
                                                to Section 19(b)(1) of the Securities                   King, General Counsel and Corporate Secretary,        shares of the Funds; and (f) certain
                                                Exchange Act of 1934 (‘‘Act’’) 1 and Rule               New York Stock Exchange, dated October 14, 2016;      Funds (‘‘Feeder Funds’’) to create and
                                                19b–4 thereunder,2 a proposed rule                      James J. Angel, Associate Professor, McDonough        redeem Creation Units in-kind in a
                                                change to adopt the CHX Liquidity                       School of Business, Georgetown University, dated      master-feeder structure.
                                                Taking Access Delay. The proposed rule                  October 16, 2016; Eric Swanson, EVP, General
                                                                                                        Counsel, and Secretary, Bats Global Markets, Inc.,    APPLICANTS:    Prudential ETF Trust (the
                                                change was published for comment in                     dated October 25, 2016; and Eric Pritchett, Chief
                                                the Federal Register on September 22,                                                                         ‘‘Trust’’), a Maryland statutory trust that
                                                                                                        Executive Officer, Potamus Trading LLC, dated
sradovich on DSK3GMQ082PROD with NOTICES




                                                2016.3 The Commission received                                                                                will be registered under the Act as an
                                                                                                        October 26, 2016. All of the comment letters are
                                                thirteen comment letters on the                         available at: https://www.sec.gov/comments/sr-chx-
                                                                                                                                                              open-end management investment
                                                                                                        2016-16/chx201616.shtml.                              company with multiple series,
                                                  23 17 CFR 200.30–3(a)(12).
                                                                                                          5 See letter from James Ongena, Executive Vice      Prudential Investments LLC (the ‘‘Initial
                                                  1 15 U.S.C. 78s(b)(1).                                President and General Counsel, Chicago Stock          Adviser’’), a New York limited liability
                                                  2 17 CFR 240.19b–4.                                   Exchange, dated October 28, 2016.                     company registered as an investment
                                                  3 See Securities Exchange Act Release No. 78860         6 15 U.S.C. 78s(b)(2).

                                                (September 16, 2016), 81 FR 65442.                        7 Id.                                                 8 17   CFR 200.30–3(a)(31).



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Document Created: 2018-02-14 08:21:55
Document Modified: 2018-02-14 08:21:55
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 Citation81 FR 78224 

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