82_FR_32161 82 FR 32030 - Self-Regulatory Organizations; The Depository Trust Company; Fixed Income Clearing Corporation; National Securities Clearing Corporation; Notice of Filings of Proposed Rule Changes To Adopt the Clearing Agency Model Risk Management Framework

82 FR 32030 - Self-Regulatory Organizations; The Depository Trust Company; Fixed Income Clearing Corporation; National Securities Clearing Corporation; Notice of Filings of Proposed Rule Changes To Adopt the Clearing Agency Model Risk Management Framework

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range32030-32035
FR Document2017-14425

Federal Register, Volume 82 Issue 131 (Tuesday, July 11, 2017)
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 32030-32035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14425]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81074; File Nos. SR-DTC-2017-008; SR-FICC-2017-014; SR-
NSCC-2017-008]


Self-Regulatory Organizations; The Depository Trust Company; 
Fixed Income Clearing Corporation; National Securities Clearing 
Corporation; Notice of Filings of Proposed Rule Changes To Adopt the 
Clearing Agency Model Risk Management Framework

July 5, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 
1934, as

[[Page 32031]]

amended (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby 
given that on June 20, 2017, The Depository Trust Company (``DTC''), 
Fixed Income Clearing Corporation (``FICC''), and National Securities 
Clearing Corporation (``NSCC,'' and together with FICC, the ``Central 
Counterparties'' or ``CCPs,'' and together with DTC and FICC, the 
``Clearing Agencies'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule changes as described in 
Items I, II and III below, which Items have been prepared primarily by 
the Clearing Agencies. The Commission is publishing this notice to 
solicit comments on the proposed rule changes 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 Agencies' Statements of the Terms of Substance of the 
Proposed Rule Changes

    The proposed rule changes would adopt the Clearing Agency Model 
Risk Management Framework (``Framework'') of Clearing Agencies, 
described below. The Framework would be maintained by the Clearing 
Agencies in compliance with Rule 17Ad-22(e)(4)(i), (e)(4)(vii), 
(e)(6)(iii), (e)(6)(vi), (e)(6)(vii), and (e)(7)(vii), under the Act, 
as described below.\3\
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    \3\ 17 CFR 240.17Ad-22(e)(4)(i), (e)(4)(vii), (e)(6)(iii), 
(e)(6)(vi), (e)(6)(vii), and (e)(7)(vii). Each of DTC, NSCC and FICC 
is a ``covered clearing agency'' as defined in Rule 17Ad-22(a)(5), 
and must comply with subsection (e) of Rule 17Ad-22. References to 
Rule 17Ad-22(e)(6) and its subparagraphs cited herein, and 
compliance therewith, apply to FICC and NSCC only and do not apply 
to DTC.
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    Although the Clearing Agencies would consider the Framework to be a 
rule, the proposed rule changes do not require any changes to the DTC 
Rules, By-laws and Organizational Certificate (``DTC Rules''), the 
Rulebook of the Government Securities Division of FICC (``GSD Rules''), 
the Clearing Rules of the Mortgage-Backed Securities Division of FICC 
(``MBSD Rules''), or the Rules & Procedures of NSCC (``NSCC Rules''), 
as the Framework would be a standalone document.\4\
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    \4\ Capitalized terms not defined herein are defined in the DTC 
Rules, GSD Rules, MBSD Rules, or NSCC Rules, as applicable, 
available at http://dtcc.com/legal/rules-and-procedures.
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II. Clearing Agencies' Statements of the Purpose of, and Statutory 
Basis for, the Proposed Rule Changes

    In their filings with the Commission, the Clearing Agencies 
included statements concerning the purpose of and basis for the 
proposed rule changes and discussed any comments they received on the 
proposed rule changes. The text of these statements may be examined at 
the places specified in Item IV below. The Clearing Agencies have 
prepared summaries, set forth in sections A, B, and C below, of the 
most significant aspects of such statements.

(A) Clearing Agencies' Statements of the Purpose of, and Statutory 
Basis for, the Proposed Rule Changes

1. Purpose
    The Clearing Agencies are proposing to formalize the Framework in 
order to facilitate compliance with Rule 17Ad-22(e)(4)(i), (e)(4)(vii), 
(e)(6)(iii), (e)(6)(vi), (e)(6)(vii), and (e)(7)(vii) under the Act.\5\ 
The Framework would set forth the model risk management practices 
adopted by the Clearing Agencies, which have been designed to assist 
the Clearing Agencies in identifying, measuring, monitoring, and 
managing the risks associated with the design, development, 
implementation, use, and validation of quantitative models. The 
Framework would be owned and managed by the Clearing Agencies' risk 
management area generally responsible for model validation (``Model 
Validation'') \6\ and control matters, the DTCC Model Validation and 
Control Group (``MVC''), on behalf of each Clearing Agency, with review 
and oversight by senior management and the Boards, as described 
below.\7\
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    \5\ Supra note 3.
    \6\ ``Model Validation'' has the meaning set forth in Rule 17Ad-
22(a)(9) under the Act, which provides that ``Model validation means 
an evaluation of the performance of each material risk management 
model used by a covered clearing agency (and the related parameters 
and assumptions associated with such models), including initial 
margin models, liquidity risk models, and models used to generate 
clearing or guaranty fund requirements, performed by a qualified 
person who is free from influence from the persons responsible for 
the development or operation of the models or policies being 
validated.'' See Rule 17Ad-22(a)(9), supra note 3.
    \7\ The parent company of the Clearing Agencies is The 
Depository Trust & Clearing Corporation (``DTCC''). DTCC operates on 
a shared services model with respect to the Clearing Agencies. Most 
corporate functions are established and managed on an enterprise-
wide basis pursuant to intercompany agreements under which it is 
generally DTCC that provides a relevant service to a Clearing 
Agency.
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    The Framework would provide that (i) any change to the Framework 
must be approved by the Boards or such committees as may be delegated 
authority by the Boards from time to time pursuant to their charters, 
(ii) MVC shall review this Framework no less frequently than annually, 
and (iii) any and all changes to this Framework are subject to 
regulatory review and approval. The Framework would (i) articulate the 
Clearing Agencies' model risk management framework; and (ii) describe 
the Clearing Agencies' model risk reporting and escalation processes.
    The Clearing Agencies have adopted the following definition for the 
term ``model'':

    ``[M]odel'' refers to a quantitative method, system, or approach 
that applies statistical, economic, financial, or mathematical 
theories, techniques, and assumptions to process input data into 
quantitative estimates. A ``model'' consists of three components: An 
information input component, which delivers assumptions and data to 
the model; a processing component, which transforms inputs into 
estimates; and a reporting component, which translates the estimates 
into useful business information. The definition of ``model'' also 
covers quantitative approaches whose inputs are partially or wholly 
qualitative or based on expert judgment, provided that the output is 
quantitative in nature.\8\
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    \8\ See Supervisory Guidance on Model Risk Management, SR Letter 
11-7, dated April 4, 2011, issued by the Board of Governors of the 
Federal Reserve System and the Office of the Comptroller of the 
Currency, at 3.

    The term ``Model Risk,'' as defined in the Framework, would refer 
to the potential for adverse consequences from decisions based on 
incorrect or misused Model outputs and reports,\9\ and primarily 
occurring due to (i) fundamental errors in the design/development of 
Models; (ii) incorrect Model input or assumptions; (iii) erroneous 
implementation of Models; (iv) unauthorized and/or incorrect changes to 
Models; (v) changes in market conditions rendering existing Models 
unfit for their intended purpose; and (vi) misuse of or overreliance on 
Models. The Framework is designed to minimize the Clearing Agencies' 
potential for financial loss, inaccurate financial or regulatory 
reporting, misaligned business strategies, and/or damage to their 
respective reputations resulting from a failure to properly manage 
Model Risk.
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    \9\ Id.
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    Any model developed for use by any of the Clearing Agencies and 
meeting the above definition for the term ``Model'' would be subject to 
tracking within each Clearing Agency's Model inventory (``Model 
Inventory''). The Framework would describe how a Model Inventory survey 
is conducted at least annually across the Clearing Agencies to confirm 
the Model Inventory is current. During this survey period, all Clearing 
Agency business areas and support functions that intend to develop 
models for Clearing Agency use would submit a list of their planned 
models to MVC in order for MVC to review and assess whether such

[[Page 32032]]

planned models meet the definition of ``Model'' under the Framework.
    The Framework would outline how MVC would assign a materiality/
complexity index rating to each Model when it is added to a Model 
Inventory, which rating would impact the Model's validation in terms of 
prioritization and approval authority. All Model materiality/complexity 
index assignments would be reviewed at least annually by MVC, as well 
as by the committee specifically created by the Clearing Agencies to 
address Model Risk governance matters, the DTCC Model Risk Governance 
Committee (``MRGC'').
    The Framework would describe the initial and periodic validation 
protocols that would be applicable to all Models in the Model 
Inventory. As required by regulatory requirements, all Model 
Validations would be performed by qualified persons who are free from 
influence from the persons responsible for the development or operation 
of the Models being validated. MVC, which is responsible for performing 
all Model Validations, is functionally separate from all Clearing 
Agency areas that develop or operate Models. The head of MVC directly 
reports to the head of the DTCC Group Chief Risk Office, rather than to 
anyone that is in charge of developing or operating Models for the 
Clearing Agencies.
    Each new Model would undergo a full Model Validation (unless 
provisionally approved, as discussed below) pursuant to which MVC would 
verify that the Model is performing as expected in accordance with its 
design objectives and business purpose. The full Model Validation 
standards for any new Model would include, but not be limited to, the 
following core Model Validation activities:
     Evaluation of the Model development documentation and 
testing;
     evaluation of Model theory and assumptions, and 
identification of potential limitations;
     evaluation of data inputs and parameters;
     review of numerical implementation including replication 
for certain key Model components, which would vary from Model to Model;
     independent testing: sensitivity analysis, stress testing, 
and benchmarking, as appropriate; and
     evaluation of Model outputs, Model performance, and back 
testing.
    Full Model Validation would be applied under the following 
circumstances: (i) For all new Models prior to their use in production; 
(ii) during periodic Model Validations (as described below); and (iii) 
when Model changes are made that require independent Model Validation 
(as further described below).
    All Models approved for use in production would also be subject to 
periodic Model Validations for purposes of confirming that the Models 
continue to operate as intended, identifying any deficiencies that 
would call into question the continuing validity of any such Model's 
original approval and evaluating whether the Model and its prior 
validation remain valid within the dynamics of current market 
conditions.
    In this regard, the Framework would describe that MVC would perform 
a Model Validation for each Clearing Agency Model approved for use in 
production not less than annually (or more frequently as may be 
contemplated by such Clearing Agency's established risk management 
framework), including each credit risk Model,\10\ liquidity risk 
Model,\11\ and in the case of FICC and NSCC, as central counterparties, 
on their margin systems and related Models.\12\
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    \10\ Rule 17Ad-22(e)(4)(vii). See supra note 3.
    \11\ Rule 17Ad-22(e)(7)(vii). See supra note 3.
    \12\ Rule 17Ad-22(e)(6)(vi) and (vii). See supra note 3.
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    Periodic Model Validations would follow full Model Validation 
standards. In certain cases, MVC may determine extra Model Validation 
activities are warranted based on previous Model Validation work and 
findings, changes in market conditions, or because performance 
monitoring of a particular Model warrants extra validation.
    Occasionally, an active Model may require changes in either 
structure or technique. Details for any Model change request would be 
provided to MVC for review and a determination of whether full Model 
Validation is required.
    The Framework would outline the approval process applicable to all 
new Models.
    The DTCC Quantitative Risk Management Financial Engineering Unit, 
which is functionally separate from MVC, would be responsible for 
developing, testing, and signing-off on new Clearing Agency Models and 
enhancements to existing Clearing Agency Models before submitting any 
such Model to MVC for Model Validation and approval.
    All new Clearing Agency Models, and all material changes to 
existing Clearing Agency Models, would undergo Model Validation by MVC 
and be approved prior to business use. In cases where such Model's 
materiality is ``Medium'' or ``High,'' such Model Validation would be 
reviewed by the MRGC and recommended by the MRGC to the Clearing 
Agencies' management level committee responsible for model risk 
management matters, the Management Risk Committee (``MRC''), for 
approval.
    The Framework would provide that provisional approvals with respect 
to new Clearing Agency Models and material changes to existing Clearing 
Agency Models may be issued to allow a Model to be published for urgent 
business use prior to MVC's Model Validation thereof. Provisional 
approval requests for a Model along with appropriate control measures 
would be presented by the applicable DTCC personnel responsible for the 
development or operation of the Model \13\ to MVC and the MRGC for 
review. Models may be provisionally approved by MVC for a limited 
period, not to exceed six months unless also approved by the MRGC. MVC 
would track all such provisional approvals and oversee compliance with 
control measures and provisional approval periods.
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    \13\ Such personnel would be defined in the Framework as ``Model 
Owners.''
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    Each periodic Model Validation would be presented to the MRGC for 
its review, and its recommendation for approval to the MRC. The 
Framework would provide that MRC approval must be obtained in order for 
any such periodic validation to be deemed complete.
    All findings that result from a new Model Validation, a change 
Model Validation, a periodic Model Validation, or in connection with 
implementation of a new Model or Model change, would be centrally 
tracked by MVC. The status of findings resolution for approved Models 
would be reported to the MRGC on a monthly basis. Where there is a 
finding related to Model implementation errors, the applicable Model 
Owner would report such findings/incidents in accordance with the 
policies and procedures of the Operational Risk Management unit 
(``ORM'') within the Group Chief Risk Office. If an adverse Model 
Validation finding cannot be resolved, the Model Owner would work with 
MVC and ORM to submit the finding for risk acceptance in accordance 
with ORM policies and procedures.
    In addition to periodic validation, MVC would be responsible for 
Model performance monitoring and for each Clearing Agency's backtesting 
process, which would be integral parts of each

[[Page 32033]]

Clearing Agency's model risk management framework.\14\
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    \14\ Model performance monitoring is the process of (i) 
evaluating an active Model's ongoing performance based on 
theoretical tests, (ii) monitoring the Model's parameters through 
the use of threshold indicators, and/or (iii) backtesting using 
actual historical data/realizations to test a Value at Risk 
(``VaR'') Model's predictive power.
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    As part of Model performance monitoring, on at least a monthly 
basis, sensitivity analysis would be performed by MVC on each of the 
CCP's margin Model, the key parameters and assumptions for backtesting 
would be reviewed, and modifications would be considered to ensure the 
CCP's backtesting practices are appropriate for determining the 
adequacy of the applicable CCP's margin resources.
    MVC would prepare Model performance monitoring reports on a monthly 
basis. Model performance monitoring, which includes review of risk-
based Models used to calculate margin requirements and relevant 
parameters/threshold indicators, sensitivity analysis, and model 
backtesting results would be subject to review by the MRGC, which will 
escalate serious performance concerns to the MRC.
    In circumstances where the products cleared or the markets served 
by a CCP display high volatility or become less liquid, or when the 
size or concentration of positions held by the applicable CCP's Members 
increases or decreases significantly, such sensitivity analysis and 
review of key model parameters and assumptions would be conducted more 
frequently than monthly.
    VaR and Clearing Fund requirement (``CFR'') coverage backtesting 
for the CCPs would be performed by MVC on a daily basis or more 
frequently.\15\ CFR coverage would be backtested on an overall basis 
and for individual Members and families of affiliated Members. DTC 
backtesting would be performed by MVC on a daily basis for collateral 
group \16\ Collateral Monitor coverage, collateral group level haircut 
\17\ coverage and Security-level haircut coverage.
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    \15\ VaR Model backtesting tests Model performance at a 
specified confidence level, while the CFR backtest tests margin 
sufficiency in case of a Member default.
    \16\ A DTC Participant with multiple accounts may group its 
accounts into ``families'' (i.e., ``collateral groups'') and 
instruct DTC to allocate a specified portion of its overall 
Collateral Monitor and Net Debit Cap to each family. All accounts 
that a Participant designates as belonging to a common collateral 
group share a single Collateral Monitor and single Net Debit Cap. 
See Securities Exchange Act Release No. 38201 (January 23, 1997), 62 
FR 4561 (January 30, 1997) (SR-DTC-96-17).
    \17\ A haircut represents a percentage decrease applied to a 
Security's Market Value solely for purposes of determining the 
Collateral Value of the Security. See DTC Settlement Service Guide, 
available at http://www.dtcc.com/~/media/Files/Downloads/legal/
service-guides/Settlement.pdf, at 5.
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    Thresholds for all backtests would be established for the rolling 
12-month period coverage computed as the number of instances without 
deficiency over the total number of backtest instances, where 
deficiency is defined as the loss amount that exceeds the measure being 
tested (i.e., VaR, CFR, Collateral Monitor, or haircut rate). 
Thresholds would be set as follows:

------------------------------------------------------------------------
                                                              Threshold
          Applicable to            Backtesting risk metrics      (%)
------------------------------------------------------------------------
CCPs.............................  Overall CFR Coverage....           99
                                   VaR Model Coverage......           99
                                   Member Level CFR                   99
                                    Coverage.
                                   Family Level CFR                   99
                                    Coverage.
DTC..............................  Collateral Group                   99
                                    Collateral Monitor
                                    Coverage.
                                   Collateral Group Level             99
                                    Haircut Coverage.
                                   Security-Level Haircut             95
                                    Coverage.
------------------------------------------------------------------------

    The CFR coverage thresholds have been set to meet applicable 
regulatory requirements that require a CCP to cover its credit exposure 
to its participants by establishing a risk-based margin system that, 
among other things calculates margin sufficient to cover its potential 
future exposure to participants in the interval between the last margin 
collection and the close out of positions following a participant 
default.\18\ The collateral group Collateral Monitor coverage 
threshold, among other controls, has been set to support the 
requirement that DTC maintain sufficient financial resources to cover 
its credit exposures to each participant fully with a high degree of 
confidence.\19\ The ``VaR Model Coverage'', ``Collateral Group Level 
Haircut Coverage'', and ``Security-Level Haircut Coverage'' have been 
set and are designed for Model performance monitoring purposes.
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    \18\ See 17 CFR 240.17Ad-22(e)(6)(iii). 17 CFR 240.17Ad-
22(a)(13) defines the term ``potential future exposure'' to mean the 
maximum exposure estimated to occur at a future point in time with 
an established single-tailed confidence level of at least 99 percent 
with respect to the estimated distribution of future exposure.
    \19\ See 17 CFR 240.17Ad-22(e)(4)(i). See supra note 3.
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    The MRGC would be the primary forum for MVC's regular reporting of 
Model Validation activities and material Model Risks identified through 
regular Model performance monitoring. Reports and recommendations with 
respect to Model Risk management would be made to the MRC.
    Periodic reporting to the Risk Committee of the Clearing Agencies' 
Boards (``BRC'') with regard to Model Risk matters may include:
     Updates of Model Validation findings and the status of 
annual validations.
     Updates on significant Model Risk matters, and on 
compliance matters with respect to Model Risk policies and procedures 
(including the Framework).
     Escalation of Model Risk matters as set forth in the 
market risk tolerance statement, which establishes the Clearing 
Agencies' Model Risk tolerances (``Market Risk Tolerance Statement''), 
and subsequent, regular updates with respect thereto.
    On at least a monthly basis, the key metrics relating to Model 
backtesting would be reviewed by the Market and Liquidity Risk 
Management unit within the Group Chief Risk Office and MVC, and 
reported to the MRC. Threshold breaches would be reviewed by the 
Managing Directors within the Financial Risk Management area (including 
the Market and Liquidity Risk Management unit) of the Group Chief Risk 
Office, and in the case of CFR Coverage breaches by the CCPs and 
Collateral Group Collateral Monitor Coverage by DTC, escalated to the 
BRC in accordance with the Market Risk Tolerance Statement. The 
Managing Director of the Market and Liquidity Risk Management unit 
within the Group Chief Risk Office would be responsible for reviewing 
the Market Risk Tolerance Statement on at least an annual basis. The 
BRC would review and approve the Market Risk Tolerance Statement at 
least annually.

[[Page 32034]]

    With respect to any proposed change to any backtesting methodology, 
prior to implementation thereof (and before any reporting thereof in 
any management and regulatory report), a description of the proposed 
change and impact study results would be presented to the MRGC for 
review and approval. If the impact study results reflect that 
implementation of the methodology would negatively impact any existing 
risk tolerance threshold range, such results would be escalated by the 
MRGC to the MRC, and subsequently to the BRC, for approval prior to 
implementation.
    All Model performance concerns would be escalated by MVC to the 
MRGC, including Model performance enhancement concerns. The MRGC may 
further recommend certain such matters for further escalation to the 
MRC and/or the BRC.
2. Statutory Basis
    The Clearing Agencies believe that the proposed rule changes are 
consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a registered clearing agency. In 
particular, DTC believes that the Framework is consistent with Section 
17A(b)(3)(F) of the Act,\20\ as well as Rule 17Ad-22(e)(4)(i), 
(e)(4)(vii) and (e)(7)(vii) thereunder,\21\ for the reasons described 
below. FICC and NSCC believe that the Framework is consistent with 
Section 17A(b)(3)(F) of the Act,\22\ as well as Rule 17Ad-22(b)(4) \23\ 
and Rule 17Ad-22(e)(4)(vii), (e)(6)(iii), (e)(6)(vi), (e)(6)(vii) and 
(e)(7)(vii) thereunder,\24\ for the reasons described below.
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    \20\ 15 U.S.C. 78q-1(b)(3)(F).
    \21\ Supra note 3.
    \22\ 15 U.S.C. 78q-1(b)(3)(F).
    \23\ 17 CFR 240.17Ad-22(b)(4). See supra note 3.
    \24\ Supra note 3.
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    Section 17A(b)(3)(F) of the Act \25\ requires, inter alia, that the 
rules of a clearing agency be designed to promote the prompt and 
accurate clearance and settlement of securities transactions. As 
described in greater detail above, the Framework would describe the 
process by which the Clearing Agencies identify, measure, monitor, and 
manage the risks associated with the design, development, 
implementation, use, and validation of quantitative models. The 
quantitative models covered by the Framework would be applied by the 
Clearing Agencies, as applicable, to evaluate and address their 
respective risk exposures associated with their settlement activity and 
allow them to continue the prompt and accurate clearance and settlement 
of securities. In this regard, the Framework would facilitate their 
ability to develop models that would be applied to evaluate and address 
risk exposure, and allow them to continue the prompt and accurate 
clearance and settlement of securities. Therefore, the Clearing 
Agencies believe that the Framework is consistent with the requirements 
of Section 17A(b)(3)(F) of the Act.\26\
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    \25\ 15 U.S.C. 78q-1(b)(3)(F).
    \26\ Id.
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    Rule 17Ad-22(b)(4) under the Act \27\ requires, inter alia, that a 
covered clearing agency that is a central counterparty establish, 
implement, maintain, and enforce policies and procedures reasonably 
designed to provide for an annual Model Validation consisting of 
evaluating the performance of the clearing agency's margin models and 
the related parameters and assumptions associated with such models by a 
qualified person who is free from influence from the persons 
responsible for the development or operation of the models being 
validated. As described in the Framework and as described above, MVC is 
an area that is functionally separate from all areas within NSCC and 
FICC that develop and operate models. Pursuant to the Framework, MVC 
would perform a Model Validation on all approved margin systems and 
related Models for NSCC and FICC, not less than annually. Therefore, 
NSCC and FICC believe the Framework is consistent with Rule 17Ad-
22(b)(4) under the Act.\28\
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    \27\ Supra note 21.
    \28\ Id.
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    Rule 17Ad-22(e)(4)(i) \29\ under the Act requires, inter alia, that 
a covered clearing agency establish, implement, maintain and enforce 
written policies and procedures reasonably designed to maintain 
sufficient financial resources to cover its credit exposure to each 
participant fully with a high degree of confidence. The collateral 
group Collateral Monitor coverage threshold has been set to support the 
requirement that DTC maintain sufficient financial resources to cover 
its credit exposures to each participant fully with a high degree of 
confidence by using the threshold, established as discussed above, of 
99 percent, and therefore, DTC believes that the Framework is 
consistent with Rule 17Ad-22(e)(4)(i) under the Act.\30\
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    \29\ 17 CFR 240.17Ad-22(e)(4) (in particular, 17 CFR 240.17Ad-
22(e)(4)(i)). See supra note 3.
    \30\ Id.
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    Rule 17Ad-22(e)(4)(vii) \31\ and (e)(7)(vii) \32\ under the Act 
requires, inter alia, that a covered clearing agency establish, 
implement, maintain and enforce written policies and procedures 
reasonably designed to perform Model Validations on its credit risk 
models and liquidity risk models not less than annually or more 
frequently as may be contemplated by the clearing agency's risk 
management framework established pursuant to Rule 17Ad-22(e)(3).\33\ As 
discussed above, the Framework would describe the Clearing Agencies' 
Model Risk validation process, which would be performed not less than 
annually on its credit risk models and liquidity risk models. 
Therefore, the Clearing Agencies believe that the Framework is 
consistent with Rule 17Ad-22(e)(4)(vii) \34\ and (e)(7)(vii) \35\ under 
the Act.
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    \31\ 17 CFR 240.17Ad-22(e)(4) (in particular, 17 CFR 240.17Ad-
22(e)(4)(vii)). See supra note 3.
    \32\ 17 CFR 240.17Ad-22(e)(7) (in particular, 17 CFR 240.17Ad-
22(e)(7)(vii)). See supra note 3.
    \33\ 17 CFR 240.17Ad-22(e)(3). See supra note 3.
    \34\ Supra note 30.
    \35\ Supra note 31.
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    Rule 17Ad-22(e)(6)(iii) under the Act \36\ requires that a covered 
clearing agency that is a central counterparty establish, implement, 
maintain and enforce written policies and procedures reasonably 
designed to cover its credit exposures to its participants by 
establishing a risk-based margin system that at a minimum, inter alia, 
calculates margin sufficient to cover its potential future exposure 
\37\ to participants in the interval between the last margin collection 
and the close out of positions following a participant default. As 
discussed above, the CFR coverage thresholds have been set at 99 
percent. Therefore, NSCC and FICC believe that the Framework is 
consistent with Rule 17Ad-22(e)(6)(iii) under the Act.\38\
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    \36\ 17 CFR 240.17Ad-22(e)(6) (in particular, 17 CFR 240.17Ad-
22(e)(6)(iii)). See supra note 3.
    \37\ 17 CFR 240.17Ad-22(a)(13) defines the term ``potential 
future exposure'' to mean the maximum exposure estimated to occur at 
a future point in time with an established single-tailed confidence 
level of at least 99 percent with respect to the estimated 
distribution of future exposure.
    \38\ Supra note 33.
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    Rule 17Ad-22(e)(6)(vi) under the Act \39\ requires, inter alia, 
that a covered clearing agency that is a central counterparty 
establish, implement, maintain and enforce written policies and 
procedures reasonably designed to (a) conduct backtests of its margin 
model at least once each day using standard predetermined parameters 
and assumptions, (b) conduct a sensitivity analysis of its margin model 
and a review of its parameters and assumptions for backtesting on at 
least a monthly basis, and consider modifications to ensure the 
backtesting practices are appropriate for determining the adequacy of 
such

[[Page 32035]]

central counterparty's margin resources, (c) conduct a sensitivity 
analysis of its margin model and a review of its parameters and 
assumptions for backtesting more frequently than monthly during periods 
of time when the products cleared or markets served display high 
volatility or become less liquid, or when the size or concentration of 
positions held by such central counterparty's participants increases or 
decreases significantly and (d) report the results of its analyses 
under (b) and (c) to appropriate decision makers at the central 
counterparty, including but not limited to, its risk management 
committee or Board, and using these results to evaluate the adequacy of 
and adjust its margin methodology, model parameters, and any other 
relevant aspects of its credit risk management framework. As discussed 
above, the Framework would provide that (a) the CCPs would perform VaR 
and CFR backtesting on a daily basis, (b) as part of Model performance 
monitoring, on at least a monthly basis, sensitivity analysis would be 
performed by MVC on each of the margin Models of the CCPs, the key 
parameters and assumptions for backtesting would be reviewed, and 
modifications would be considered to ensure the applicable CCP's 
backtesting practices are appropriate for determining the adequacy of 
the applicable CCP's margin resources, (c) MVC would, in circumstances 
where the products cleared or the markets served by the applicable CCP 
display high volatility or become less liquid, or when the size or 
concentration of positions held by the applicable CCP's Members 
increases or decreases significantly, sensitivity analysis and review 
of key model parameters and assumptions would be conducted more 
frequently than monthly, and (d) each CCP would report the results of 
its analyses under (b) and (c) to key decision makers, including but 
not limited to the MRC and/or BRC, as discussed above. Therefore NSCC 
and FICC believe the Framework is consistent with Rule 17Ad-
22(e)(6)(vi) under the Act.\40\
---------------------------------------------------------------------------

    \39\ 17 CFR 240.17Ad-22(e)(6) (in particular, 17 CFR 240.17Ad-
22(e)(6)(vi)). See supra note 3.
    \40\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(6)(vii) under the Act \41\ requires, inter alia, 
that a covered clearing agency that is a central counterparty 
establish, implement, maintain and enforce written policies and 
procedures reasonably designed to perform Model Validations on its 
margin system and related models not less than annually or more 
frequently as may be contemplated by the clearing agency's risk 
management framework established pursuant to Rule 17Ad-22(e)(3).\42\ As 
discussed above, the Framework would describe the Model Risk validation 
processes of the CCPs, which would be performed not less than annually 
on their margin system and related models. Therefore, NSCC and FICC 
believe that the Framework is consistent with Rule 17Ad-22(e)(6)(vii) 
under the Act.\43\
---------------------------------------------------------------------------

    \41\ 17 CFR 240.17Ad-22(e)(6) (in particular, 17 CFR 240.17Ad-
22(e)(6)(vii)). See supra note 3.
    \42\ Supra note 32.
    \43\ Supra note 40.
---------------------------------------------------------------------------

(B) Clearing Agencies' Statements on Burden on Competition

    None of the Clearing Agencies believe that the Framework would have 
any impact, or impose any burden, on competition because the proposed 
rule changes reflect the existing framework that the Clearing Agencies 
employ to manage model risk, and would not effectuate any changes to 
the Clearing Agencies' model risk management tools as they currently 
apply to their respective Members or Participants.

(C) Clearing Agencies' Statements on Comments on the Proposed Rule 
Changes Received From Members, Participants, or Others

    The Clearing Agencies have not solicited or received any written 
comments relating to this proposal. The Clearing Agencies will notify 
the Commission of any written comments received by the Clearing 
Agencies.

III. Date of Effectiveness of the Proposed Rule Changes, 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 clearing agency consents, the Commission will:
    (A) By order approve or disapprove such proposed rule changes, or
    (B) institute proceedings to determine whether the proposed rule 
changes 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 
changes are 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-DTC-2017-008, SR-FICC-2017-014, or SR-NSCC-2017-008 on 
the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549.
     All submissions should refer to File Number SR-DTC-2017-
008, SR-FICC-2017-014, or SR-NSCC-2017-008. One of these file numbers 
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 changes that 
are filed with the Commission, and all written communications relating 
to the proposed rule changes between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C. 552, will be available for Web site 
viewing and printing in the Commission's Public Reference Room, 100 F 
Street NE., Washington, DC 20549 on official business days between the 
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be 
available for inspection and copying at the principal office of the 
Clearing Agencies and on DTCC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). All comments received will be posted without 
change; the Commission does not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly. All submissions should refer to File Number 
SR-DTC-2017-008, SR-FICC-2017-014, or SR-NSCC-2017-008 and should be 
submitted on or before August 1, 2017.
---------------------------------------------------------------------------

    \44\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\44\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-14425 Filed 7-10-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  32030                           Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices

                                                     Additionally, the Exchange believes                   offered by competing market centers.25                    All submissions should refer to File
                                                  that its proposed rounding of a buy                      Moreover, there is no barrier to other                    Number SR–IEX–2017–22. This file
                                                  (sell) Market Maker Peg Order in a Pilot                 exchanges adopting the same repricing                     number should be included on the
                                                  Security that would be priced at an                      functionality.                                            subject line if email is used. To help the
                                                  increment other than $0.05 up (down) to                    With regard to intra-market                             Commission process and review your
                                                  the nearest permissible increment, as                    competition, the Exchange does not                        comments more efficiently, please use
                                                  well as to cancel such orders if the                     believe that the method of repricing                      only one method. The Commission will
                                                  rounding methodology results in a                        Market Maker Peg Orders will result in                    post all comments on the Commission’s
                                                  Market Maker Peg Order being priced to                   any burden on intra-market competition                    Internet Web site (http://www.sec.gov/
                                                  a price below $0.05, is consistent with                  that is not necessary or appropriate in                   rules/sro.shtml). Copies of the
                                                  the protection of investors and the                      furtherance of the purposes of the Act.                   submission, all subsequent
                                                  public interest in that it enables the                   To the contrary, as described in the                      amendments, all written statements
                                                  Exchange to comply with the Tick Pilot                   Statutory Basis section, the Exchange’s                   with respect to the proposed rule
                                                  Plan. Further, the Exchange believes it                  proposed method of repricing is                           change that are filed with the
                                                  is also consistent with the protection of                designed in the interest of ensuring that                 Commission, and all written
                                                  investors and the public interest to                     market makers using Market Maker Peg                      communications relating to the
                                                  cancel or reject (as applicable) a Market                Orders will be in the same position as                    proposed rule change between the
                                                  Maker Peg Order that would otherwise                     market makers updating their own                          Commission and any person, other than
                                                  be priced at a price exceeding its limit                 quotes, as well as other market                           those that may be withheld from the
                                                  price because such price would not be                    participants using displayed orders.                      public in accordance with the
                                                  consistent with the market maker’s                                                                                 provisions of 5 U.S.C. 552, will be
                                                                                                           C. Self-Regulatory Organization’s
                                                  instructions.                                                                                                      available for Web site viewing and
                                                                                                           Statement on Comments on the
                                                     Lastly, the Exchange believes that the                                                                          printing in the Commission’s Public
                                                                                                           Proposed Rule Change Received From
                                                  proposed conforming rule change to                                                                                 Reference Room, 100 F Street NE.,
                                                                                                           Members, Participants, or Others
                                                  Rule 11.510(c)(1) is consistent with the                                                                           Washington, DC 20549, on official
                                                  protection of investors and the public                     Written comments were neither                           business days between the hours of
                                                  interest in that it is designed to provide               solicited nor received.                                   10:00 a.m. and 3:00 p.m. Copies of the
                                                  clarity to market participants regarding                 III. Date of Effectiveness of the                         filing also will be available for
                                                  Market Maker Peg Order repricing                         Proposed Rule Change and Timing for                       inspection and copying at the principal
                                                  methodology, and make the Exchange’s                     Commission Action                                         office of the Exchange. All comments
                                                  rule more clear and explicit.                                                                                      received will be posted without change;
                                                                                                              Within 45 days of the date of                          the Commission does not edit personal
                                                  B. Self-Regulatory Organization’s                        publication of this notice in the Federal                 identifying information from
                                                  Statement on Burden on Competition                       Register or within such longer period (i)                 submissions. You should submit only
                                                     IEX does not believe that the                         as the Commission may designate up to                     information that you wish to make
                                                  proposed rule change will result in any                  90 days of such date if it finds such                     available publicly. All submissions
                                                  burden on competition that is not                        longer period to be appropriate and                       should refer to File Number SR–IEX–
                                                  necessary or appropriate in furtherance                  publishes its reasons for so finding or                   2017–22, and should be submitted on or
                                                  of the purposes of the Act. Specifically,                (ii) as to which the Exchange consents,                   before August 1, 2017.
                                                  the Exchange believes that the proposal                  the Commission shall: (a) By order
                                                                                                           approve or disapprove such proposed                         For the Commission, by the Division of
                                                  will enhance the Exchange’s                                                                                        Trading and Markets, pursuant to delegated
                                                  competitiveness by providing market                      rule change, or (b) institute proceedings                 authority.26
                                                  makers on IEX with a means to offer                      to determine whether the proposed rule
                                                                                                                                                                     Eduardo A. Aleman,
                                                  liquidity even in circumstances where                    change should be disapproved.
                                                                                                                                                                     Assistant Secretary.
                                                  they are not willing to quote at the                     IV. Solicitation of Comments                              [FR Doc. 2017–14429 Filed 7–10–17; 8:45 am]
                                                  inside market. Based on informal
                                                                                                             Interested persons are invited to                       BILLING CODE 8011–01–P
                                                  discussion with market participants that
                                                                                                           submit written data, views, and
                                                  serve as market maker on other trading
                                                                                                           arguments concerning the foregoing,
                                                  centers, the Exchange believes that this                                                                           SECURITIES AND EXCHANGE
                                                                                                           including whether the proposed rule
                                                  functionality will be appealing to                                                                                 COMMISSION
                                                                                                           change is consistent with the Act.
                                                  potential market makers, and therefore
                                                                                                           Comments may be submitted by any of
                                                  will make it more likely that market                                                                               [Release No. 34–81074; File Nos. SR–DTC–
                                                                                                           the following methods:                                    2017–008; SR–FICC–2017–014; SR–NSCC–
                                                  participants will choose to become
                                                  registered market makers on the                          Electronic Comments                                       2017–008]
                                                  Exchange. This may, in turn, increase                      • Use the Commission’s Internet                         Self-Regulatory Organizations; The
                                                  the extent of liquidity available on IEX                 comment form (http://www.sec.gov/                         Depository Trust Company; Fixed
                                                  and increase its ability to compete with                 rules/sro.shtml); or                                      Income Clearing Corporation; National
                                                  other execution venues to attract orders                   • Send an email to rule-comments@                       Securities Clearing Corporation;
                                                  that are seeking liquidity. The Exchange                 sec.gov. Please include File Number SR–                   Notice of Filings of Proposed Rule
                                                  further notes that the Market Maker Peg                  IEX–2017–22 on the subject line.                          Changes To Adopt the Clearing
                                                  Order, as proposed, is substantially
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                                                                                                           Paper Comments                                            Agency Model Risk Management
                                                  similar to equivalent order types offered
                                                                                                                                                                     Framework
                                                  by other market centers, including Bats,                   • Send paper comments in triplicate
                                                  Nasdaq, and EDGX, and therefore will                     to Secretary, Securities and Exchange                     July 5, 2017.
                                                  not impair market participants or other                  Commission, 100 F Street NE.,                               Pursuant to Section 19(b)(1) of the
                                                  market centers from competing, but                       Washington, DC 20549–1090.                                Securities Exchange Act of 1934, as
                                                  would in fact allow the Exchange to
                                                  compete with existing functionality                           25 See   supra note 9.                                 26 17   CFR 200.30–3(a)(12).



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                                                                                     Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices                                                       32031

                                                  amended (‘‘Act’’) 1 and Rule 19b–4                            received on the proposed rule changes.                   risk management framework; and (ii)
                                                  thereunder,2 notice is hereby given that                      The text of these statements may be                      describe the Clearing Agencies’ model
                                                  on June 20, 2017, The Depository Trust                        examined at the places specified in Item                 risk reporting and escalation processes.
                                                  Company (‘‘DTC’’), Fixed Income                               IV below. The Clearing Agencies have                        The Clearing Agencies have adopted
                                                  Clearing Corporation (‘‘FICC’’), and                          prepared summaries, set forth in                         the following definition for the term
                                                  National Securities Clearing Corporation                      sections A, B, and C below, of the most                  ‘‘model’’:
                                                  (‘‘NSCC,’’ and together with FICC, the                        significant aspects of such statements.                     ‘‘[M]odel’’ refers to a quantitative method,
                                                  ‘‘Central Counterparties’’ or ‘‘CCPs,’’                                                                                system, or approach that applies statistical,
                                                                                                                (A) Clearing Agencies’ Statements of the
                                                  and together with DTC and FICC, the                                                                                    economic, financial, or mathematical
                                                                                                                Purpose of, and Statutory Basis for, the
                                                  ‘‘Clearing Agencies’’) filed with the                                                                                  theories, techniques, and assumptions to
                                                                                                                Proposed Rule Changes                                    process input data into quantitative
                                                  Securities and Exchange Commission
                                                  (‘‘Commission’’) the proposed rule                            1. Purpose                                               estimates. A ‘‘model’’ consists of three
                                                  changes as described in Items I, II and                                                                                components: An information input
                                                                                                                   The Clearing Agencies are proposing                   component, which delivers assumptions and
                                                  III below, which Items have been                              to formalize the Framework in order to                   data to the model; a processing component,
                                                  prepared primarily by the Clearing                            facilitate compliance with Rule 17Ad–                    which transforms inputs into estimates; and
                                                  Agencies. The Commission is                                   22(e)(4)(i), (e)(4)(vii), (e)(6)(iii),                   a reporting component, which translates the
                                                  publishing this notice to solicit                             (e)(6)(vi), (e)(6)(vii), and (e)(7)(vii) under           estimates into useful business information.
                                                  comments on the proposed rule changes                         the Act.5 The Framework would set                        The definition of ‘‘model’’ also covers
                                                  from interested persons.                                      forth the model risk management                          quantitative approaches whose inputs are
                                                                                                                                                                         partially or wholly qualitative or based on
                                                  I. Clearing Agencies’ Statements of the                       practices adopted by the Clearing
                                                                                                                                                                         expert judgment, provided that the output is
                                                  Terms of Substance of the Proposed                            Agencies, which have been designed to                    quantitative in nature.8
                                                  Rule Changes                                                  assist the Clearing Agencies in
                                                                                                                identifying, measuring, monitoring, and                     The term ‘‘Model Risk,’’ as defined in
                                                     The proposed rule changes would                            managing the risks associated with the                   the Framework, would refer to the
                                                  adopt the Clearing Agency Model Risk                          design, development, implementation,                     potential for adverse consequences from
                                                  Management Framework (‘‘Framework’’)                          use, and validation of quantitative                      decisions based on incorrect or misused
                                                  of Clearing Agencies, described below.                        models. The Framework would be                           Model outputs and reports,9 and
                                                  The Framework would be maintained                             owned and managed by the Clearing                        primarily occurring due to (i)
                                                  by the Clearing Agencies in compliance                        Agencies’ risk management area                           fundamental errors in the design/
                                                  with Rule 17Ad–22(e)(4)(i), (e)(4)(vii),                      generally responsible for model                          development of Models; (ii) incorrect
                                                  (e)(6)(iii), (e)(6)(vi), (e)(6)(vii), and                     validation (‘‘Model Validation’’) 6 and                  Model input or assumptions; (iii)
                                                  (e)(7)(vii), under the Act, as described                      control matters, the DTCC Model                          erroneous implementation of Models;
                                                  below.3                                                       Validation and Control Group (‘‘MVC’’),                  (iv) unauthorized and/or incorrect
                                                     Although the Clearing Agencies                             on behalf of each Clearing Agency, with                  changes to Models; (v) changes in
                                                  would consider the Framework to be a                          review and oversight by senior                           market conditions rendering existing
                                                  rule, the proposed rule changes do not                        management and the Boards, as                            Models unfit for their intended purpose;
                                                  require any changes to the DTC Rules,                         described below.7                                        and (vi) misuse of or overreliance on
                                                  By-laws and Organizational Certificate                           The Framework would provide that (i)                  Models. The Framework is designed to
                                                  (‘‘DTC Rules’’), the Rulebook of the                          any change to the Framework must be                      minimize the Clearing Agencies’
                                                  Government Securities Division of FICC                        approved by the Boards or such                           potential for financial loss, inaccurate
                                                  (‘‘GSD Rules’’), the Clearing Rules of the                    committees as may be delegated                           financial or regulatory reporting,
                                                  Mortgage-Backed Securities Division of                        authority by the Boards from time to                     misaligned business strategies, and/or
                                                  FICC (‘‘MBSD Rules’’), or the Rules &                         time pursuant to their charters, (ii) MVC                damage to their respective reputations
                                                  Procedures of NSCC (‘‘NSCC Rules’’), as                       shall review this Framework no less                      resulting from a failure to properly
                                                  the Framework would be a standalone                           frequently than annually, and (iii) any                  manage Model Risk.
                                                  document.4                                                    and all changes to this Framework are                       Any model developed for use by any
                                                  II. Clearing Agencies’ Statements of the                      subject to regulatory review and                         of the Clearing Agencies and meeting
                                                  Purpose of, and Statutory Basis for, the                      approval. The Framework would (i)                        the above definition for the term
                                                  Proposed Rule Changes                                         articulate the Clearing Agencies’ model                  ‘‘Model’’ would be subject to tracking
                                                                                                                                                                         within each Clearing Agency’s Model
                                                    In their filings with the Commission,                          5 Supra note 3.                                       inventory (‘‘Model Inventory’’). The
                                                  the Clearing Agencies included                                   6 ‘‘Model Validation’’ has the meaning set forth in   Framework would describe how a
                                                  statements concerning the purpose of                          Rule 17Ad–22(a)(9) under the Act, which provides         Model Inventory survey is conducted at
                                                  and basis for the proposed rule changes                       that ‘‘Model validation means an evaluation of the
                                                                                                                                                                         least annually across the Clearing
                                                  and discussed any comments they                               performance of each material risk management
                                                                                                                model used by a covered clearing agency (and the         Agencies to confirm the Model
                                                    1 15
                                                                                                                related parameters and assumptions associated with       Inventory is current. During this survey
                                                          U.S.C. 78s(b)(1).                                     such models), including initial margin models,
                                                    2 17
                                                                                                                                                                         period, all Clearing Agency business
                                                          CFR 240.19b–4.                                        liquidity risk models, and models used to generate
                                                     3 17 CFR 240.17Ad–22(e)(4)(i), (e)(4)(vii),                clearing or guaranty fund requirements, performed
                                                                                                                                                                         areas and support functions that intend
                                                  (e)(6)(iii), (e)(6)(vi), (e)(6)(vii), and (e)(7)(vii). Each   by a qualified person who is free from influence         to develop models for Clearing Agency
                                                  of DTC, NSCC and FICC is a ‘‘covered clearing                 from the persons responsible for the development         use would submit a list of their planned
                                                  agency’’ as defined in Rule 17Ad–22(a)(5), and must           or operation of the models or policies being             models to MVC in order for MVC to
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                                                  comply with subsection (e) of Rule 17Ad–22.                   validated.’’ See Rule 17Ad–22(a)(9), supra note 3.
                                                  References to Rule 17Ad–22(e)(6) and its                         7 The parent company of the Clearing Agencies is
                                                                                                                                                                         review and assess whether such
                                                  subparagraphs cited herein, and compliance                    The Depository Trust & Clearing Corporation
                                                  therewith, apply to FICC and NSCC only and do not             (‘‘DTCC’’). DTCC operates on a shared services              8 See Supervisory Guidance on Model Risk

                                                  apply to DTC.                                                 model with respect to the Clearing Agencies. Most        Management, SR Letter 11–7, dated April 4, 2011,
                                                     4 Capitalized terms not defined herein are defined         corporate functions are established and managed on       issued by the Board of Governors of the Federal
                                                  in the DTC Rules, GSD Rules, MBSD Rules, or                   an enterprise-wide basis pursuant to intercompany        Reserve System and the Office of the Comptroller
                                                  NSCC Rules, as applicable, available at http://               agreements under which it is generally DTCC that         of the Currency, at 3.
                                                  dtcc.com/legal/rules-and-procedures.                          provides a relevant service to a Clearing Agency.           9 Id.




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                                                  32032                           Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices

                                                  planned models meet the definition of                    during periodic Model Validations (as                      would be reviewed by the MRGC and
                                                  ‘‘Model’’ under the Framework.                           described below); and (iii) when Model                     recommended by the MRGC to the
                                                     The Framework would outline how                       changes are made that require                              Clearing Agencies’ management level
                                                  MVC would assign a materiality/                          independent Model Validation (as                           committee responsible for model risk
                                                  complexity index rating to each Model                    further described below).                                  management matters, the Management
                                                  when it is added to a Model Inventory,                      All Models approved for use in                          Risk Committee (‘‘MRC’’), for approval.
                                                  which rating would impact the Model’s                    production would also be subject to
                                                                                                                                                                         The Framework would provide that
                                                  validation in terms of prioritization and                periodic Model Validations for purposes
                                                                                                                                                                      provisional approvals with respect to
                                                  approval authority. All Model                            of confirming that the Models continue
                                                                                                                                                                      new Clearing Agency Models and
                                                  materiality/complexity index                             to operate as intended, identifying any
                                                  assignments would be reviewed at least                                                                              material changes to existing Clearing
                                                                                                           deficiencies that would call into
                                                  annually by MVC, as well as by the                       question the continuing validity of any                    Agency Models may be issued to allow
                                                  committee specifically created by the                    such Model’s original approval and                         a Model to be published for urgent
                                                  Clearing Agencies to address Model                       evaluating whether the Model and its                       business use prior to MVC’s Model
                                                  Risk governance matters, the DTCC                        prior validation remain valid within the                   Validation thereof. Provisional approval
                                                  Model Risk Governance Committee                          dynamics of current market conditions.                     requests for a Model along with
                                                  (‘‘MRGC’’).                                                 In this regard, the Framework would                     appropriate control measures would be
                                                     The Framework would describe the                      describe that MVC would perform a                          presented by the applicable DTCC
                                                  initial and periodic validation protocols                Model Validation for each Clearing                         personnel responsible for the
                                                  that would be applicable to all Models                   Agency Model approved for use in                           development or operation of the
                                                  in the Model Inventory. As required by                   production not less than annually (or                      Model 13 to MVC and the MRGC for
                                                  regulatory requirements, all Model                       more frequently as may be contemplated                     review. Models may be provisionally
                                                  Validations would be performed by                        by such Clearing Agency’s established                      approved by MVC for a limited period,
                                                  qualified persons who are free from                      risk management framework), including                      not to exceed six months unless also
                                                  influence from the persons responsible                   each credit risk Model,10 liquidity risk                   approved by the MRGC. MVC would
                                                  for the development or operation of the                  Model,11 and in the case of FICC and                       track all such provisional approvals and
                                                  Models being validated. MVC, which is                    NSCC, as central counterparties, on                        oversee compliance with control
                                                  responsible for performing all Model                     their margin systems and related                           measures and provisional approval
                                                  Validations, is functionally separate                    Models.12                                                  periods.
                                                  from all Clearing Agency areas that                         Periodic Model Validations would                           Each periodic Model Validation
                                                  develop or operate Models. The head of                   follow full Model Validation standards.                    would be presented to the MRGC for its
                                                  MVC directly reports to the head of the                  In certain cases, MVC may determine                        review, and its recommendation for
                                                  DTCC Group Chief Risk Office, rather                     extra Model Validation activities are                      approval to the MRC. The Framework
                                                  than to anyone that is in charge of                      warranted based on previous Model                          would provide that MRC approval must
                                                  developing or operating Models for the                   Validation work and findings, changes                      be obtained in order for any such
                                                  Clearing Agencies.                                       in market conditions, or because                           periodic validation to be deemed
                                                     Each new Model would undergo a full                   performance monitoring of a particular                     complete.
                                                  Model Validation (unless provisionally                   Model warrants extra validation.
                                                  approved, as discussed below) pursuant                      Occasionally, an active Model may                          All findings that result from a new
                                                  to which MVC would verify that the                       require changes in either structure or                     Model Validation, a change Model
                                                  Model is performing as expected in                       technique. Details for any Model change                    Validation, a periodic Model Validation,
                                                  accordance with its design objectives                    request would be provided to MVC for                       or in connection with implementation
                                                  and business purpose. The full Model                     review and a determination of whether                      of a new Model or Model change, would
                                                  Validation standards for any new Model                   full Model Validation is required.                         be centrally tracked by MVC. The status
                                                  would include, but not be limited to, the                   The Framework would outline the                         of findings resolution for approved
                                                  following core Model Validation                          approval process applicable to all new                     Models would be reported to the MRGC
                                                  activities:                                              Models.                                                    on a monthly basis. Where there is a
                                                     • Evaluation of the Model                                The DTCC Quantitative Risk                              finding related to Model
                                                  development documentation and                            Management Financial Engineering                           implementation errors, the applicable
                                                  testing;                                                 Unit, which is functionally separate                       Model Owner would report such
                                                     • evaluation of Model theory and                      from MVC, would be responsible for                         findings/incidents in accordance with
                                                  assumptions, and identification of                       developing, testing, and signing-off on                    the policies and procedures of the
                                                  potential limitations;                                   new Clearing Agency Models and                             Operational Risk Management unit
                                                     • evaluation of data inputs and                       enhancements to existing Clearing                          (‘‘ORM’’) within the Group Chief Risk
                                                  parameters;                                              Agency Models before submitting any                        Office. If an adverse Model Validation
                                                     • review of numerical                                 such Model to MVC for Model                                finding cannot be resolved, the Model
                                                  implementation including replication                     Validation and approval.                                   Owner would work with MVC and ORM
                                                  for certain key Model components,                           All new Clearing Agency Models, and                     to submit the finding for risk acceptance
                                                  which would vary from Model to                           all material changes to existing Clearing                  in accordance with ORM policies and
                                                  Model;                                                   Agency Models, would undergo Model
                                                     • independent testing: sensitivity                                                                               procedures.
                                                                                                           Validation by MVC and be approved
                                                  analysis, stress testing, and                                                                                          In addition to periodic validation,
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                                                                                                           prior to business use. In cases where
                                                  benchmarking, as appropriate; and                        such Model’s materiality is ‘‘Medium’’                     MVC would be responsible for Model
                                                     • evaluation of Model outputs, Model                  or ‘‘High,’’ such Model Validation                         performance monitoring and for each
                                                  performance, and back testing.                                                                                      Clearing Agency’s backtesting process,
                                                     Full Model Validation would be                             10 Rule 17Ad–22(e)(4)(vii). See supra note 3.         which would be integral parts of each
                                                  applied under the following                                   11 Rule 17Ad–22(e)(7)(vii). See supra note 3.
                                                  circumstances: (i) For all new Models                         12 Rule 17Ad–22(e)(6)(vi) and (vii). See supra note     13 Such personnel would be defined in the

                                                  prior to their use in production; (ii)                   3.                                                         Framework as ‘‘Model Owners.’’



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                                                                                          Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices                                                                                  32033

                                                  Clearing Agency’s model risk                                         sensitivity analysis, and model                                        coverage would be backtested on an
                                                  management framework.14                                              backtesting results would be subject to                                overall basis and for individual
                                                     As part of Model performance                                      review by the MRGC, which will                                         Members and families of affiliated
                                                  monitoring, on at least a monthly basis,                             escalate serious performance concerns                                  Members. DTC backtesting would be
                                                  sensitivity analysis would be performed                              to the MRC.                                                            performed by MVC on a daily basis for
                                                  by MVC on each of the CCP’s margin                                      In circumstances where the products                                 collateral group 16 Collateral Monitor
                                                  Model, the key parameters and                                        cleared or the markets served by a CCP                                 coverage, collateral group level
                                                  assumptions for backtesting would be                                 display high volatility or become less                                 haircut 17 coverage and Security-level
                                                  reviewed, and modifications would be                                 liquid, or when the size or                                            haircut coverage.
                                                  considered to ensure the CCP’s                                       concentration of positions held by the
                                                  backtesting practices are appropriate for                            applicable CCP’s Members increases or                                    Thresholds for all backtests would be
                                                  determining the adequacy of the                                      decreases significantly, such sensitivity                              established for the rolling 12-month
                                                  applicable CCP’s margin resources.                                   analysis and review of key model                                       period coverage computed as the
                                                     MVC would prepare Model                                           parameters and assumptions would be                                    number of instances without deficiency
                                                  performance monitoring reports on a                                  conducted more frequently than                                         over the total number of backtest
                                                  monthly basis. Model performance                                     monthly.                                                               instances, where deficiency is defined
                                                  monitoring, which includes review of                                    VaR and Clearing Fund requirement                                   as the loss amount that exceeds the
                                                  risk-based Models used to calculate                                  (‘‘CFR’’) coverage backtesting for the                                 measure being tested (i.e., VaR, CFR,
                                                  margin requirements and relevant                                     CCPs would be performed by MVC on                                      Collateral Monitor, or haircut rate).
                                                  parameters/threshold indicators,                                     a daily basis or more frequently.15 CFR                                Thresholds would be set as follows:

                                                                                                                                                                                                                                                Threshold
                                                           Applicable to                                                                          Backtesting risk metrics                                                                         (%)

                                                  CCPs ...............................    Overall CFR Coverage ..............................................................................................................................          99
                                                                                          VaR Model Coverage ................................................................................................................................          99
                                                                                          Member Level CFR Coverage ...................................................................................................................                99
                                                                                          Family Level CFR Coverage .....................................................................................................................              99
                                                  DTC .................................   Collateral Group Collateral Monitor Coverage ..........................................................................................                      99
                                                                                          Collateral Group Level Haircut Coverage ..................................................................................................                   99
                                                                                          Security-Level Haircut Coverage ...............................................................................................................              95



                                                     The CFR coverage thresholds have                                  Model Validation activities and material                                 On at least a monthly basis, the key
                                                  been set to meet applicable regulatory                               Model Risks identified through regular                                 metrics relating to Model backtesting
                                                  requirements that require a CCP to cover                             Model performance monitoring. Reports                                  would be reviewed by the Market and
                                                  its credit exposure to its participants by                           and recommendations with respect to                                    Liquidity Risk Management unit within
                                                  establishing a risk-based margin system                              Model Risk management would be made                                    the Group Chief Risk Office and MVC,
                                                  that, among other things calculates                                  to the MRC.                                                            and reported to the MRC. Threshold
                                                  margin sufficient to cover its potential                                Periodic reporting to the Risk                                      breaches would be reviewed by the
                                                  future exposure to participants in the                               Committee of the Clearing Agencies’                                    Managing Directors within the Financial
                                                  interval between the last margin                                     Boards (‘‘BRC’’) with regard to Model                                  Risk Management area (including the
                                                  collection and the close out of positions                            Risk matters may include:                                              Market and Liquidity Risk Management
                                                  following a participant default.18 The
                                                                                                                          • Updates of Model Validation                                       unit) of the Group Chief Risk Office, and
                                                  collateral group Collateral Monitor                                                                                                         in the case of CFR Coverage breaches by
                                                                                                                       findings and the status of annual
                                                  coverage threshold, among other
                                                                                                                       validations.                                                           the CCPs and Collateral Group
                                                  controls, has been set to support the
                                                  requirement that DTC maintain                                           • Updates on significant Model Risk                                 Collateral Monitor Coverage by DTC,
                                                  sufficient financial resources to cover its                          matters, and on compliance matters                                     escalated to the BRC in accordance with
                                                  credit exposures to each participant                                 with respect to Model Risk policies and                                the Market Risk Tolerance Statement.
                                                  fully with a high degree of confidence.19                            procedures (including the Framework).                                  The Managing Director of the Market
                                                  The ‘‘VaR Model Coverage’’, ‘‘Collateral                                • Escalation of Model Risk matters as                               and Liquidity Risk Management unit
                                                  Group Level Haircut Coverage’’, and                                  set forth in the market risk tolerance                                 within the Group Chief Risk Office
                                                  ‘‘Security-Level Haircut Coverage’’ have                             statement, which establishes the                                       would be responsible for reviewing the
                                                  been set and are designed for Model                                  Clearing Agencies’ Model Risk                                          Market Risk Tolerance Statement on at
                                                  performance monitoring purposes.                                     tolerances (‘‘Market Risk Tolerance                                    least an annual basis. The BRC would
                                                     The MRGC would be the primary                                     Statement’’), and subsequent, regular                                  review and approve the Market Risk
                                                  forum for MVC’s regular reporting of                                 updates with respect thereto.                                          Tolerance Statement at least annually.
                                                    14 Model performance monitoring is the process                     groups’’) and instruct DTC to allocate a specified                     Downloads/legal/service-guides/Settlement.pdf, at
                                                  of (i) evaluating an active Model’s ongoing                          portion of its overall Collateral Monitor and Net                      5.
                                                  performance based on theoretical tests, (ii)                         Debit Cap to each family. All accounts that a                             18 See 17 CFR 240.17Ad–22(e)(6)(iii). 17 CFR
                                                  monitoring the Model’s parameters through the use                    Participant designates as belonging to a common
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                                                                                                                                                                                              240.17Ad–22(a)(13) defines the term ‘‘potential
                                                  of threshold indicators, and/or (iii) backtesting                    collateral group share a single Collateral Monitor
                                                  using actual historical data/realizations to test a                  and single Net Debit Cap. See Securities Exchange                      future exposure’’ to mean the maximum exposure
                                                  Value at Risk (‘‘VaR’’) Model’s predictive power.                    Act Release No. 38201 (January 23, 1997), 62 FR                        estimated to occur at a future point in time with an
                                                    15 VaR Model backtesting tests Model                               4561 (January 30, 1997) (SR–DTC–96–17).                                established single-tailed confidence level of at least
                                                  performance at a specified confidence level, while                     17 A haircut represents a percentage decrease                        99 percent with respect to the estimated
                                                  the CFR backtest tests margin sufficiency in case of                 applied to a Security’s Market Value solely for                        distribution of future exposure.
                                                  a Member default.                                                    purposes of determining the Collateral Value of the                       19 See 17 CFR 240.17Ad–22(e)(4)(i). See supra
                                                    16 A DTC Participant with multiple accounts may                    Security. See DTC Settlement Service Guide,                            note 3.
                                                  group its accounts into ‘‘families’’ (i.e., ‘‘collateral             available at http://www.dtcc.com/∼/media/Files/



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                                                  32034                           Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices

                                                     With respect to any proposed change                   clearance and settlement of securities.                   alia, that a covered clearing agency
                                                  to any backtesting methodology, prior to                 In this regard, the Framework would                       establish, implement, maintain and
                                                  implementation thereof (and before any                   facilitate their ability to develop models                enforce written policies and procedures
                                                  reporting thereof in any management                      that would be applied to evaluate and                     reasonably designed to perform Model
                                                  and regulatory report), a description of                 address risk exposure, and allow them                     Validations on its credit risk models and
                                                  the proposed change and impact study                     to continue the prompt and accurate                       liquidity risk models not less than
                                                  results would be presented to the MRGC                   clearance and settlement of securities.                   annually or more frequently as may be
                                                  for review and approval. If the impact                   Therefore, the Clearing Agencies believe                  contemplated by the clearing agency’s
                                                  study results reflect that                               that the Framework is consistent with                     risk management framework established
                                                  implementation of the methodology                        the requirements of Section 17A(b)(3)(F)                  pursuant to Rule 17Ad–22(e)(3).33 As
                                                  would negatively impact any existing                     of the Act.26                                             discussed above, the Framework would
                                                  risk tolerance threshold range, such                        Rule 17Ad–22(b)(4) under the Act 27                    describe the Clearing Agencies’ Model
                                                  results would be escalated by the MRGC                   requires, inter alia, that a covered                      Risk validation process, which would be
                                                  to the MRC, and subsequently to the                      clearing agency that is a central                         performed not less than annually on its
                                                  BRC, for approval prior to                               counterparty establish, implement,                        credit risk models and liquidity risk
                                                  implementation.                                          maintain, and enforce policies and                        models. Therefore, the Clearing
                                                     All Model performance concerns                        procedures reasonably designed to                         Agencies believe that the Framework is
                                                  would be escalated by MVC to the                         provide for an annual Model Validation                    consistent with Rule 17Ad–
                                                  MRGC, including Model performance                        consisting of evaluating the performance                  22(e)(4)(vii) 34 and (e)(7)(vii) 35 under
                                                  enhancement concerns. The MRGC may                       of the clearing agency’s margin models                    the Act.
                                                  further recommend certain such matters                   and the related parameters and                               Rule 17Ad–22(e)(6)(iii) under the
                                                  for further escalation to the MRC and/                   assumptions associated with such                          Act 36 requires that a covered clearing
                                                  or the BRC.                                              models by a qualified person who is free                  agency that is a central counterparty
                                                                                                           from influence from the persons                           establish, implement, maintain and
                                                  2. Statutory Basis                                       responsible for the development or                        enforce written policies and procedures
                                                     The Clearing Agencies believe that the                operation of the models being validated.                  reasonably designed to cover its credit
                                                  proposed rule changes are consistent                     As described in the Framework and as                      exposures to its participants by
                                                  with the requirements of the Act and the                 described above, MVC is an area that is                   establishing a risk-based margin system
                                                  rules and regulations thereunder                         functionally separate from all areas                      that at a minimum, inter alia, calculates
                                                  applicable to a registered clearing                      within NSCC and FICC that develop and                     margin sufficient to cover its potential
                                                  agency. In particular, DTC believes that                 operate models. Pursuant to the                           future exposure 37 to participants in the
                                                  the Framework is consistent with                         Framework, MVC would perform a                            interval between the last margin
                                                  Section 17A(b)(3)(F) of the Act,20 as                    Model Validation on all approved                          collection and the close out of positions
                                                  well as Rule 17Ad–22(e)(4)(i), (e)(4)(vii)               margin systems and related Models for                     following a participant default. As
                                                  and (e)(7)(vii) thereunder,21 for the                    NSCC and FICC, not less than annually.                    discussed above, the CFR coverage
                                                  reasons described below. FICC and                        Therefore, NSCC and FICC believe the                      thresholds have been set at 99 percent.
                                                  NSCC believe that the Framework is                       Framework is consistent with Rule                         Therefore, NSCC and FICC believe that
                                                  consistent with Section 17A(b)(3)(F) of                  17Ad–22(b)(4) under the Act.28                            the Framework is consistent with Rule
                                                  the Act,22 as well as Rule 17Ad–                            Rule 17Ad–22(e)(4)(i) 29 under the Act                 17Ad–22(e)(6)(iii) under the Act.38
                                                  22(b)(4) 23 and Rule 17Ad–22(e)(4)(vii),                 requires, inter alia, that a covered                         Rule 17Ad–22(e)(6)(vi) under the
                                                  (e)(6)(iii), (e)(6)(vi), (e)(6)(vii) and                 clearing agency establish, implement,                     Act 39 requires, inter alia, that a covered
                                                  (e)(7)(vii) thereunder,24 for the reasons                maintain and enforce written policies                     clearing agency that is a central
                                                  described below.                                         and procedures reasonably designed to                     counterparty establish, implement,
                                                     Section 17A(b)(3)(F) of the Act 25                    maintain sufficient financial resources                   maintain and enforce written policies
                                                  requires, inter alia, that the rules of a                to cover its credit exposure to each                      and procedures reasonably designed to
                                                  clearing agency be designed to promote                   participant fully with a high degree of                   (a) conduct backtests of its margin
                                                  the prompt and accurate clearance and                    confidence. The collateral group                          model at least once each day using
                                                  settlement of securities transactions. As                Collateral Monitor coverage threshold                     standard predetermined parameters and
                                                  described in greater detail above, the                   has been set to support the requirement                   assumptions, (b) conduct a sensitivity
                                                  Framework would describe the process                     that DTC maintain sufficient financial                    analysis of its margin model and a
                                                  by which the Clearing Agencies                           resources to cover its credit exposures to                review of its parameters and
                                                  identify, measure, monitor, and manage                   each participant fully with a high degree                 assumptions for backtesting on at least
                                                  the risks associated with the design,                    of confidence by using the threshold,                     a monthly basis, and consider
                                                  development, implementation, use, and                    established as discussed above, of 99                     modifications to ensure the backtesting
                                                  validation of quantitative models. The                   percent, and therefore, DTC believes                      practices are appropriate for
                                                  quantitative models covered by the                       that the Framework is consistent with                     determining the adequacy of such
                                                  Framework would be applied by the                        Rule 17Ad–22(e)(4)(i) under the Act.30
                                                                                                                                                                       33 17  CFR 240.17Ad–22(e)(3). See supra note 3.
                                                  Clearing Agencies, as applicable, to                        Rule 17Ad–22(e)(4)(vii) 31 and
                                                                                                                                                                       34 Supra   note 30.
                                                  evaluate and address their respective                    (e)(7)(vii) 32 under the Act requires, inter                 35 Supra note 31.
                                                  risk exposures associated with their                                                                                  36 17 CFR 240.17Ad–22(e)(6) (in particular, 17
                                                                                                                26 Id.
                                                  settlement activity and allow them to                                                                              CFR 240.17Ad–22(e)(6)(iii)). See supra note 3.
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                                                                                                                27 Supra   note 21.
                                                  continue the prompt and accurate                              28 Id.
                                                                                                                                                                        37 17 CFR 240.17Ad–22(a)(13) defines the term

                                                                                                                                                                     ‘‘potential future exposure’’ to mean the maximum
                                                                                                             29 17 CFR 240.17Ad–22(e)(4) (in particular, 17
                                                    20 15
                                                                                                                                                                     exposure estimated to occur at a future point in
                                                          U.S.C. 78q–1(b)(3)(F).                           CFR 240.17Ad–22(e)(4)(i)). See supra note 3.              time with an established single-tailed confidence
                                                    21 Supra note 3.                                         30 Id.                                                  level of at least 99 percent with respect to the
                                                    22 15 U.S.C. 78q–1(b)(3)(F).                             31 17 CFR 240.17Ad–22(e)(4) (in particular, 17          estimated distribution of future exposure.
                                                    23 17 CFR 240.17Ad–22(b)(4). See supra note 3.
                                                                                                           CFR 240.17Ad–22(e)(4)(vii)). See supra note 3.               38 Supra note 33.
                                                    24 Supra note 3.                                         32 17 CFR 240.17Ad–22(e)(7) (in particular, 17             39 17 CFR 240.17Ad–22(e)(6) (in particular, 17
                                                    25 15 U.S.C. 78q–1(b)(3)(F).                           CFR 240.17Ad–22(e)(7)(vii)). See supra note 3.            CFR 240.17Ad–22(e)(6)(vi)). See supra note 3.



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                                                                                  Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices                                                   32035

                                                  central counterparty’s margin resources,                 agency’s risk management framework                      Electronic Comments
                                                  (c) conduct a sensitivity analysis of its                established pursuant to Rule 17Ad–                        • Use the Commission’s Internet
                                                  margin model and a review of its                         22(e)(3).42 As discussed above, the                     comment form (http://www.sec.gov/
                                                  parameters and assumptions for                           Framework would describe the Model                      rules/sro.shtml); or
                                                  backtesting more frequently than                         Risk validation processes of the CCPs,                    • Send an email to rule-comments@
                                                  monthly during periods of time when                      which would be performed not less than                  sec.gov. Please include File Number SR–
                                                  the products cleared or markets served                   annually on their margin system and                     DTC–2017–008, SR–FICC–2017–014, or
                                                  display high volatility or become less                   related models. Therefore, NSCC and                     SR–NSCC–2017–008 on the subject line.
                                                  liquid, or when the size or                              FICC believe that the Framework is
                                                  concentration of positions held by such                  consistent with Rule 17Ad–22(e)(6)(vii)                 Paper Comments
                                                  central counterparty’s participants                      under the Act.43                                           • Send paper comments in triplicate
                                                  increases or decreases significantly and
                                                                                                           (B) Clearing Agencies’ Statements on                    to Secretary, Securities and Exchange
                                                  (d) report the results of its analyses
                                                                                                           Burden on Competition                                   Commission, 100 F Street NE.,
                                                  under (b) and (c) to appropriate decision
                                                                                                                                                                   Washington, DC 20549.
                                                  makers at the central counterparty,
                                                                                                              None of the Clearing Agencies believe                   • All submissions should refer to File
                                                  including but not limited to, its risk
                                                                                                           that the Framework would have any                       Number SR–DTC–2017–008, SR–FICC–
                                                  management committee or Board, and
                                                                                                           impact, or impose any burden, on                        2017–014, or SR–NSCC–2017–008. One
                                                  using these results to evaluate the
                                                  adequacy of and adjust its margin                        competition because the proposed rule                   of these file numbers should be
                                                  methodology, model parameters, and                       changes reflect the existing framework                  included on the subject line if email is
                                                  any other relevant aspects of its credit                 that the Clearing Agencies employ to                    used.
                                                  risk management framework. As                            manage model risk, and would not                        To help the Commission process and
                                                  discussed above, the Framework would                     effectuate any changes to the Clearing                  review your comments more efficiently,
                                                  provide that (a) the CCPs would perform                  Agencies’ model risk management tools                   please use only one method. The
                                                  VaR and CFR backtesting on a daily                       as they currently apply to their                        Commission will post all comments on
                                                  basis, (b) as part of Model performance                  respective Members or Participants.                     the Commission’s Internet Web site
                                                  monitoring, on at least a monthly basis,                                                                         (http://www.sec.gov/rules/sro.shtml).
                                                                                                           (C) Clearing Agencies’ Statements on
                                                  sensitivity analysis would be performed                                                                          Copies of the submission, all subsequent
                                                                                                           Comments on the Proposed Rule
                                                  by MVC on each of the margin Models                                                                              amendments, all written statements
                                                                                                           Changes Received From Members,
                                                  of the CCPs, the key parameters and                                                                              with respect to the proposed rule
                                                                                                           Participants, or Others
                                                  assumptions for backtesting would be                                                                             changes that are filed with the
                                                  reviewed, and modifications would be                       The Clearing Agencies have not                        Commission, and all written
                                                  considered to ensure the applicable                      solicited or received any written                       communications relating to the
                                                  CCP’s backtesting practices are                          comments relating to this proposal. The                 proposed rule changes between the
                                                  appropriate for determining the                          Clearing Agencies will notify the                       Commission and any person, other than
                                                  adequacy of the applicable CCP’s                         Commission of any written comments                      those that may be withheld from the
                                                  margin resources, (c) MVC would, in                      received by the Clearing Agencies.                      public in accordance with the
                                                  circumstances where the products                                                                                 provisions of 5 U.S.C. 552, will be
                                                  cleared or the markets served by the                     III. Date of Effectiveness of the                       available for Web site viewing and
                                                  applicable CCP display high volatility or                Proposed Rule Changes, and Timing for                   printing in the Commission’s Public
                                                  become less liquid, or when the size or                  Commission Action                                       Reference Room, 100 F Street NE.,
                                                  concentration of positions held by the                                                                           Washington, DC 20549 on official
                                                  applicable CCP’s Members increases or                      Within 45 days of the date of                         business days between the hours of
                                                  decreases significantly, sensitivity                     publication of this notice in the Federal               10:00 a.m. and 3:00 p.m. Copies of the
                                                  analysis and review of key model                         Register or within such longer period                   filing also will be available for
                                                  parameters and assumptions would be                      up to 90 days (i) as the Commission may                 inspection and copying at the principal
                                                  conducted more frequently than                           designate if it finds such longer period                office of the Clearing Agencies and on
                                                  monthly, and (d) each CCP would report                   to be appropriate and publishes its                     DTCC’s Web site (http://dtcc.com/legal/
                                                  the results of its analyses under (b) and                reasons for so finding or (ii) as to which              sec-rule-filings.aspx). All comments
                                                  (c) to key decision makers, including                    the clearing agency consents, the                       received will be posted without change;
                                                  but not limited to the MRC and/or BRC,                   Commission will:                                        the Commission does not edit personal
                                                  as discussed above. Therefore NSCC and                     (A) By order approve or disapprove                    identifying information from
                                                  FICC believe the Framework is                            such proposed rule changes, or                          submissions. You should submit only
                                                  consistent with Rule 17Ad–22(e)(6)(vi)                     (B) institute proceedings to determine                information that you wish to make
                                                  under the Act.40                                         whether the proposed rule changes                       available publicly. All submissions
                                                     Rule 17Ad–22(e)(6)(vii) under the                     should be disapproved.                                  should refer to File Number SR–DTC–
                                                  Act 41 requires, inter alia, that a covered                                                                      2017–008, SR–FICC–2017–014, or SR–
                                                  clearing agency that is a central                        IV. Solicitation of Comments                            NSCC–2017–008 and should be
                                                  counterparty establish, implement,                                                                               submitted on or before August 1, 2017.
                                                  maintain and enforce written policies                      Interested persons are invited to
                                                                                                           submit written data, views and                            For the Commission, by the Division of
                                                  and procedures reasonably designed to                                                                            Trading and Markets, pursuant to delegated
                                                                                                           arguments concerning the foregoing,
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                                                  perform Model Validations on its                                                                                 authority.44
                                                  margin system and related models not                     including whether the proposed rule
                                                                                                           changes are consistent with the Act.                    Eduardo A. Aleman,
                                                  less than annually or more frequently as                                                                         Assistant Secretary.
                                                  may be contemplated by the clearing                      Comments may be submitted by any of
                                                                                                           the following methods:                                  [FR Doc. 2017–14425 Filed 7–10–17; 8:45 am]
                                                    40 Id.                                                                                                         BILLING CODE 8011–01–P
                                                    41 17                                                       42 Supra note 32.
                                                        CFR 240.17Ad–22(e)(6) (in particular, 17
                                                  CFR 240.17Ad–22(e)(6)(vii)). See supra note 3.                43 Supra note 40.                                    44 17   CFR 200.30–3(a)(12).



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Document Created: 2018-11-14 10:21:35
Document Modified: 2018-11-14 10:21:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 32030 

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