82_FR_61328 82 FR 61082 - Self-Regulatory Organizations; The Depository Trust Company; Fixed Income Clearing Corporation; National Securities Clearing Corporation; Notice of Filing of Amendments No. 2 and Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Nos. 1 and 2, To Adopt the Clearing Agency Stress Testing Framework (Market Risk)

82 FR 61082 - Self-Regulatory Organizations; The Depository Trust Company; Fixed Income Clearing Corporation; National Securities Clearing Corporation; Notice of Filing of Amendments No. 2 and Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Nos. 1 and 2, To Adopt the Clearing Agency Stress Testing Framework (Market Risk)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range61082-61087
FR Document2017-27705

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61082-61087]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27705]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82368; File Nos. SR-DTC-2017-005; SR-FICC-2017-009; SR-
NSCC-2017-006]


Self-Regulatory Organizations; The Depository Trust Company; 
Fixed Income Clearing Corporation; National Securities Clearing 
Corporation; Notice of Filing of Amendments No. 2 and Order Granting 
Accelerated Approval of Proposed Rule Changes, as Modified by 
Amendments Nos. 1 and 2, To Adopt the Clearing Agency Stress Testing 
Framework (Market Risk)

December 19, 2017.

I. Introduction

    On April 7, 2017, The Depository Trust Company (``DTC''), Fixed 
Income Clearing Corporation (``FICC''), and National Securities 
Clearing Corporation (``NSCC,'' each a ``Clearing Agency,'' and 
collectively, the ``Clearing Agencies''), filed with the Securities and 
Exchange Commission (``Commission'') proposed rule changes SR-DTC-2017-
005, SR-FICC-2017-009, and SR-NSCC-2017-006, respectively, pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder.\2\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The proposed rule changes were published for comment in the Federal 
Register on April 25, 2017.\3\ On June 7, 2017, the Commission 
designated a longer period for Commission Action on the proposed rule 
changes.\4\ On July 19, 2017, the Clearing Agencies each filed 
Amendments No. 1 to their respective proposed rule changes. Amendments 
No. 1 would clarify how the Clearing Agencies would use scenarios to 
estimate the profits and losses (``P&L'') of a member closeout.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 80485 (April 19, 
2017), 82 FR 19131 (April 25, 2017) (SR-DTC-2017-005; SR-FICC-2017-
009; SR-NSCC-2017-006) (``Notice'').
    \4\ See Securities Exchange Act Release No. 80876 (June 7, 
2017), 82 FR 27091 (June 13, 2017) (SR-DTC-2017-005; SR-FICC-2017-
009; SR-NSCC-2017-006).
---------------------------------------------------------------------------

    On July 24, 2017, the Commission published a notice in the Federal 
Register of filing Amendments No. 1 and order instituting proceedings 
under Section 19(b)(2)(B)(i) of the Act \5\ to determine whether to 
approve or disapprove the proposed rule changes.\6\ On October 16, 
2017, the Commission designated a longer period on the proceedings to 
determine whether to approve or disapprove the proposed rule 
changes.\7\ On December 12, 2017, the Clearing Agencies each filed 
Amendments No. 2 to their respective proposed rule changes 
(hereinafter, ``Proposed Rule Changes''). Amendments No. 2 would 
clarify the historical scenarios that the Clearing Agency would use for 
stress testing. The Commission did not receive any comment letters on 
the Proposed Rule Changes.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(B)(i).
    \6\ See Securities Exchange Act Release No. 81192 (July 24, 
2017), 82 FR 35245 (July 28, 2017) (SR-DTC-2017-005; SR-FICC-2017-
009; SR-NSCC-2017-006).
    \7\ See Securities Exchange Act Release No. 81883 (October 16, 
2017), 82 FR 48858 (October 20, 2017) (SR-DTC-2017-005; SR-FICC-
2017-009; SR-NSCC-2017-006).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Changes

    The Proposed Rule Changes would adopt the Clearing Agency Stress 
Testing Framework (Market Risk) (``Framework''), which would set the 
Clearing Agencies' procedures for identifying, measuring, monitoring, 
and managing their credit exposures to members. Although the Framework 
would be a rule of each Clearing Agency, the Proposed Rule Changes do 
not require any changes to the Rules, By-Laws and Organizational 
Certificate of DTC (``DTC Rules''), the Rulebook of GSD (``GSD 
Rules''), the Clearing Rules of MBSD (``MBSD Rules''), or the Rules & 
Procedures of NSCC (``NSCC Rules''), as the Framework would be a 
standalone document.\8\
---------------------------------------------------------------------------

    \8\ Available at http://www.dtcc.com/en/legal/rules-and-procedures. FICC is comprised of two divisions: The Government 
Securities Division (``GSD'') and the Mortgage-Backed Securities 
Division (``MBSD''). Each division serves as a central counterparty, 
becoming the buyer and seller to each of their respective members' 
securities transactions and guarantying settlement of those 
transactions, even if a member defaults. GSD provides, among other 
things, clearance and settlement for trades in U.S. Government debt 
issues. MBSD provides, among other things, clearance and settlement 
for trades in mortgage-backed securities. GSD and MBSD maintain 
separate sets of rules, margin models, and clearing funds. Notice, 
82 FR at 19131.
---------------------------------------------------------------------------

    In general, the Framework would describe the stress-testing 
practices adopted by the Clearing Agencies. The Clearing Agencies 
designed their stress testing to help ensure the sufficiency of each 
Clearing Agency's total prefunded-financial resources.\9\ The Framework 
would describe (i) the sources of each Clearing Agency's total 
prefunded-financial resources; (ii) the Clearing Agencies' stress-
testing methodologies; (iii) the Clearing Agencies' stress-testing 
governance and execution processes; and (iv) the Clearing Agencies' 
model-validation practices.\10\
---------------------------------------------------------------------------

    \9\ Notice, 82 FR at 19132.
    \10\ Id.
---------------------------------------------------------------------------

A. Sources of Prefunded-Financial Resources

    The Framework would outline the prefunded-financial resources and 
related stress-testing methodologies of the Clearing Agencies. The 
Framework would begin by describing the applicable regulatory 
requirements, with respect to credit risk management, of each Clearing 
Agency and how the Clearing Agencies address those requirements.\11\ 
The Framework would address those requirements by describing how each 
Clearing Agency maintains sufficient prefunded-financial resources to 
cover fully the credit exposures to each of their respective members 
with a high degree of confidence.\12\ The Framework would also describe 
how the Clearing Agencies maintain additional prefunded-financial 
resources that, at a minimum, would enable them to cover a wide range 
of foreseeable stress scenarios that include, but are not limited to, 
the default of the affiliated family of members (``Affiliated Family'') 
that would potentially cause the largest aggregate credit exposure to 
the Clearing Agency in extreme but plausible market conditions (``Cover 
One Requirement'').\13\ Because the credit risks and prefunded-
financial resources of each Clearing Agency differ, the Framework would 
describe the prefunded-financial resources and related stress-testing 
methodologies of the Clearing Agencies separately.\14\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ Id.
    \13\ See 17 CFR 240.17Ad-22(e)(4)(iii).
    \14\ Notice, 82 FR at 19132.
---------------------------------------------------------------------------

    With respect to FICC and NSCC, the Framework would describe that 
the prefunded-financial resources are their respective clearing funds, 
containing deposits from their members of both cash and eligible 
securities.\15\ The Framework would describe that such deposits are 
calculated for each individual member pursuant to the GSD Rules, MBSD 
Rules, or NSCC Rules, as applicable, and each member's deposit

[[Page 61083]]

would be referred to in the Framework as its ``Required Deposit.'' \16\
---------------------------------------------------------------------------

    \15\ Id. Any eligible security is subject to a haircut. GSD Rule 
4 (Clearing Fund and Loss Allocation), MBSD Rule 4 (Clearing Fund 
and Loss Allocation), and NSCC Rule 4 (Clearing Fund), supra note 8.
    \16\ Id.
---------------------------------------------------------------------------

    With respect to DTC, the Framework would describe that its 
prefunded-financial resources are cash deposits to its Participants 
Fund.\17\ The Framework would also describe that DTC may use its risk 
management control, the Collateral Monitor, to monitor and assure that 
the settlement obligations of each member are fully collateralized.\18\
---------------------------------------------------------------------------

    \17\ Id. DTC Rule 4 (Participants Fund and Participants 
Investment). Supra note 8.
    \18\ Notice, 82 FR at 19132. ``Collateral Monitor'' is defined 
in DTC Rule 1, Section 1 (Definitions), and its calculation is 
further provided for in the DTC Settlement Service Guide of the DTC 
Rules. Supra note 8.
---------------------------------------------------------------------------

B. Stress-Testing Methodology
    The Framework would describe the stress-testing methodologies that 
the Clearing Agencies use to test the sufficiency of their total 
prefunded-financial resources against the Cover One Requirement. The 
Framework would state that the stress testing is designed to identify 
potential weaknesses in the methodologies used to calculate members' 
Required Deposits and to determine collateral haircuts.\19\
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

    The Framework would describe in detail the three key components of 
the development of stress-testing methodologies:
    1. Risk Identification. The Clearing Agencies would identify the 
principal credit-risk drivers that are representative and specific to 
each Clearing Agency's clearing and/or collateral portfolio under 
stressed market conditions.\20\
---------------------------------------------------------------------------

    \20\ Id.
---------------------------------------------------------------------------

    2. Scenario Development. The Clearing Agencies would construct 
comprehensive and relevant sets of extreme but plausible historical and 
hypothetical stress scenarios for the identified risk drivers.\21\ The 
Framework would describe how the Clearing Agencies would develop and 
select both historical and hypothetical scenarios that reflect stressed 
market conditions.\22\ Historical scenarios would be based on stressed 
market conditions that occurred on specific dates in the past.\23\ In 
contrast, hypothetical stress scenarios would be theoretical market 
conditions.\24\
---------------------------------------------------------------------------

    \21\ Id.
    \22\ Id.
    \23\ Notice, 82 FR at 19133.
    \24\ Id.
---------------------------------------------------------------------------

    3. Risk Measurement and Aggregation. The Clearing Agencies would 
calculate the risk metrics of each Clearing Agency's actual portfolio 
to estimate the P&L of a close out over a suitable stressed period of 
risk, deficiencies, and coverage ratios.\25\ The Framework would 
describe how the Clearing Agencies would develop P&L estimation 
methodologies, and how they would calculate risk metrics that are 
applicable to such methodologies under the chosen stress-testing 
scenarios.\26\ The Clearing Agencies could use a number of P&L 
methodologies for stress-testing purposes, including risk sensitivity, 
index mapping, and actual or approximate historical shock 
approaches.\27\
---------------------------------------------------------------------------

    \25\ Id.
    \26\ Id.
    \27\ Id.
---------------------------------------------------------------------------

    The Framework would further describe the stress-testing methodology 
by stating that the Clearing Agencies would calculate member stress 
deficiencies,\28\ Affiliated Family deficiencies,\29\ and Cover One 
Ratios daily.\30\
---------------------------------------------------------------------------

    \28\ The Framework would define ``member stress deficiency'' for 
each scenario as, with respect to FICC and NSCC, the stress loss 
exceeding the applicable member's Required Deposits. The Framework 
would define ``member stress deficiency'' for each scenario at DTC 
as the shortfall of a member's Collateral Monitor. Id.
    \29\ The Framework would define ``Affiliated Family deficiency'' 
as the aggregate of all member stress deficiencies within the 
applicable Affiliated Family. Id.
    \30\ The Framework would define ``Cover One Ratio'' as the ratio 
of Affiliated Family deficiency over the total value of the relevant 
Clearing Agency's clearing fund (or, for DTC, the Participants 
Fund), excluding the value of the applicable Affiliated Family's 
Required Deposits. Id.
---------------------------------------------------------------------------

    The Framework would further state that FICC and NSCC would consider 
non-Cover-One Ratio coverages, such as comparing member stress 
deficiencies against such member's known financial resources (e.g., 
equity capital base), to keep abreast of potential financial 
vulnerabilities facing such member.\31\ Additionally, the Framework 
would state that DTC would also test the adequacy of its collateral 
haircuts by measuring the amount of stress losses that exceed the 
haircut applied to the collateral securities (i.e., ``Haircut 
Deficiency'').\32\
---------------------------------------------------------------------------

    \31\ Id.
    \32\ Id.
---------------------------------------------------------------------------

    Moreover, the Framework would state that the Clearing Agencies 
measure both specific and generic wrong-way risk for each Clearing 
Agency's members and Affiliated Families.\33\ To measure specific 
wrong-way risk, for each given Member and its Affiliated Family and 
each given scenario, the securities issued by the Affiliated Family 
would be subject to shocks that reflect the default of a Member's 
Affiliated Family. To measure general wrong-way risk, the Framework 
would apply historical scenarios during the 2008 financial crisis to 
securities issued by the Affiliated Family as well as securities issued 
by the non-Affiliated Family.
---------------------------------------------------------------------------

    \33\ Id.
---------------------------------------------------------------------------

    The Framework would also describe the reverse stress-testing 
analysis that is performed by FICC and NSCC on at least a semi-annual 
basis.\34\ The analysis would provide another means for FICC and NSCC, 
as central counterparties, to test the sufficiency of the Clearing 
Agencies' respective prefunded financial resources.\35\ In conducting 
reverse stress-testing, FICC and NSCC would utilize scenarios of 
multiple defaults, extreme market shocks, or shocks for other risk 
factors, which would cause those Clearing Agencies, as applicable, to 
exhaust all of their respective prefunded financial resources.\36\
---------------------------------------------------------------------------

    \34\ Id.
    \35\ Id.
    \36\ Id.
---------------------------------------------------------------------------

C. Stress-Testing Governance and Execution Process

    The Framework would describe the Clearing Agencies' stress-testing 
governance and execution processes. Stress testing would be conducted 
daily for each of the Clearing Agencies, and stress-testing risk 
metrics also would be generated each day.\37\ The Cover One Ratios and 
member stress deficiencies would be monitored against pre-established 
thresholds.\38\ Breaches of these pre-established thresholds would 
initially be subject to more detailed studies to identify any potential 
impact to the applicable Clearing Agencies' Cover One Requirement.\39\ 
The Framework would describe that, to the extent such studies indicate 
a potential impact to a Clearing Agency's Cover One Requirement, the 
threshold breach would be escalated internally and analyzed to 
determine if (i) there is a need to adjust the stress-testing 
methodology, or (ii) the threshold breach indicates an issue with a 
particular member.\40\ Based on that analysis, the Clearing Agencies 
would determine the appropriate course of action.\41\
---------------------------------------------------------------------------

    \37\ Id.
    \38\ According to the Clearing Agencies, risk-threshold levels 
are chosen to assist each Clearing Agency in achieving a high degree 
of confidence that its Cover One Requirement is met daily. Id.
    \39\ Id.
    \40\ Id.
    \41\ Id.
---------------------------------------------------------------------------

D. Model Validation

    The Framework would describe the process the Clearing Agencies 
would use to validate their stress-testing

[[Page 61084]]

procedures. The Clearing Agencies would each conduct a comprehensive 
analysis of their respective daily stress-testing results, existing 
scenario sets (including any changes to such scenarios for the period 
since the last review), and the performance of the stress-testing 
methodologies along with key underlying parameters and assumptions.\42\ 
The analysis would be performed at least monthly and would be conducted 
to assess whether each Clearing Agency's stress-testing components 
appropriately determine the sufficiency of the Clearing Agency's 
prefunded-financial resources.\43\ The Framework would state that such 
analysis may occur more frequently than monthly if, for example, (i) 
the products cleared or markets served by a Clearing Agency display 
high volatility or become less liquid, or (ii) the size or 
concentration of positions held by the applicable Clearing Agency's 
members increases significantly.\44\
---------------------------------------------------------------------------

    \42\ Id.
    \43\ Id.
    \44\ Id.
---------------------------------------------------------------------------

    The Framework would state that the results of the analysis are 
reviewed monthly by the DTCC Enterprise Stress Testing Council.\45\ The 
Framework would also state that daily stress-testing results are 
summarized and reported monthly to the DTCC Risk Management 
Committee.\46\ Finally, the Framework would state that stress-testing 
methodologies and related models are subject to independent model 
validation on at least an annual basis.\47\
---------------------------------------------------------------------------

    \45\ Id.
    \46\ Id.
    \47\ Id.
---------------------------------------------------------------------------

E. Notice of Filing of Amendments No. 2

    As proposed, the Framework did not specify the historical scenarios 
the Clearing Agencies would use in their stress testing. The Clearing 
Agencies filed Amendments No. 2 to clarify that, at a minimum, the 
Clearing Agencies would use certain specific historical scenarios.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a 
proposed rule change of a self-regulatory organization if it finds that 
such proposed rule change is consistent with the requirements of the 
Act and rules and regulations thereunder applicable to such 
organization.\48\ After carefully considering the Proposed Rule 
Changes, the Commission finds that the Proposed Rule Changes are 
consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to the Clearing Agencies. In 
particular, the Commission believes the proposal is consistent with 
Section 17A(b)(3)(F) of the Act,\49\ as well as Rule 17Ad-22(e)(4) 
thereunder.\50\
---------------------------------------------------------------------------

    \48\ 15 U.S.C. 78s(b)(2)(C).
    \49\ 15 U.S.C. 78q-1(b)(3)(F).
    \50\ 17 CFR 240.17Ad-22(e)(4).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, in part, that the rules 
of a registered clearing agency be designed to promote prompt and 
accurate clearance and settlement, and assure the safeguarding of 
securities and funds which are in the custody or control of the 
Clearing Agencies or for which they are responsible.\51\
---------------------------------------------------------------------------

    \51\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, the Framework would describe (i) the sources of 
each Clearing Agency's total prefunded-financial resources; (ii) the 
Clearing Agencies' stress-testing methodologies; (iii) the Clearing 
Agencies' stress-testing governance and execution processes; and (iv) 
the Clearing Agencies' model-validation practices. Moreover, the 
Framework would describe the Clearing Agencies' stress testing 
practices in a clear and comprehensive manner. Therefore, the Framework 
could help improve the Clearing Agencies' ability to determine and 
evaluate the credit risk presented by Clearing Agencies' members by 
testing (i) the sufficiency of their credit resources in a variety of 
extreme but plausible scenarios, and (ii) the potential losses to the 
Clearing Agencies from a participant default.
    The improved ability to evaluate credit risk could enable the 
Clearing Agencies to deploy their risk-management tools more 
effectively to manage the credit and market presented by such members. 
Through such preparation, the Framework could decrease the possibility 
of a member default. By enabling the Clearing Agencies to use their 
risk-management tools to monitor its credit and market more 
effectively, the proposed Framework is designed to help mitigate the 
risk that the Clearing Agencies and their non-defaulting members would 
suffer a loss from a member default.
    Therefore, the Commission finds that the proposed rule changes are 
designed to help promote prompt and accurate clearance and settlement, 
and assure the safeguarding of securities and funds which are in the 
custody or control of the Clearing Agencies or for which they are 
responsible, consistent with Section 17A(b)(3)(F) of the Act.\52\
---------------------------------------------------------------------------

    \52\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(4)(i), (iii), (iv), (v), and (vi)

    Rule 17Ad-22(e)(4) under the Act requires, in part, that the 
Clearing Agencies establish, implement, maintain and enforce written 
policies and procedures reasonably designed to effectively identify, 
measure, monitor, and manage their credit exposures to participants and 
those arising from its payment, clearing, and settlement processes.\53\ 
Specifically, Rule 17Ad-22(e)(4)(i) under the Act requires that a 
covered clearing agency maintain sufficient financial resources to 
cover its credit exposure to each participant fully with a high degree 
of confidence.\54\ As described above, the descriptions in the 
Framework, both individually and collectively, are designed by the 
Clearing Agencies to evaluate the credit exposure presented by many of 
the Clearing Agencies' members. The Clearing Agencies would construct 
comprehensive and relevant sets of extreme but plausible historical and 
hypothetical stress scenarios for the identified risk drivers.\55\ The 
Clearing Agencies would also calculate the risk metrics of each 
Clearing Agency's actual portfolio to estimate the P&L of resolving a 
participant default over a suitable stressed period of risk, 
deficiencies, and coverage ratios. Thus, the Framework would help the 
Clearing Agencies to determine the financial resources necessary to 
cover their credit exposure, as applicable, with a high degree of 
confidence, consistent with Rule 17Ad-22(e)(4)(i).\56\
---------------------------------------------------------------------------

    \53\ 17 CFR 240.17Ad-22(e)(4).
    \54\ 17 CFR 240.17Ad-22(e)(4)(i).
    \55\ Id.
    \56\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(4)(iii) under the Act requires that, to the extent 
not already maintained pursuant to Rule 17Ad-22(e)(4)(i) under the Act, 
the Clearing Agencies maintain additional financial resources that, at 
minimum, enable them to cover a wide range of foreseeable stress 
scenarios that include, but are not limited to, the default of the 
participant family that would potentially cause the largest aggregate 
credit exposure for the covered clearing agency in extreme but 
plausible market conditions.\57\
---------------------------------------------------------------------------

    \57\ 17 CFR 240.17Ad-22(e)(4)(iii).
---------------------------------------------------------------------------

    As described above, the Framework would describe how the Clearing 
Agencies have developed and carried out a credit-risk management 
strategy to (i) maintain prefunded financial

[[Page 61085]]

resources to comply with a Cover One Requirement; (ii) test the 
sufficiency; (iii) provide governance for the testing; and (iv) 
validate the testing models for the requirement. The Framework would 
also describe how each Clearing Agency tests the sufficiency of its 
prefunded resources daily to support compliance with this requirement. 
Such testing could better enable the Clearing Agencies to determine 
their respective Cover One Requirement in extreme but plausible 
scenarios by determining the impact of member defaults in various 
scenarios. With this identification of Cover One Requirement, the 
Clearing agencies could size their margin requirements to maintain 
their Cover One Requirement. Thus, the Commission believes the Proposed 
Rule Changes are consistent with Rule 17Ad-22(e)(4)(iii).\58\
---------------------------------------------------------------------------

    \58\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(4)(iv) under the Act requires that a covered 
clearing agency include prefunded financial resources, exclusive of 
assessments for additional guaranty fund contributions or other 
resources that are not prefunded, when calculating financial resources 
available to meet the standards under Rule 17Ad-22(e)(4)(i) through 
(iii) under the Act, as applicable.\59\ Because the credit risks and 
prefunded-financial resources of each Clearing Agency differ, the 
Framework would describe the prefunded-financial resources and related 
stress-testing methodologies of the Clearing Agencies separately.
---------------------------------------------------------------------------

    \59\ 17 CFR 240.17Ad-22(e)(4)(iv).
---------------------------------------------------------------------------

    With respect to FICC and NSCC, the Framework would describe the 
prefunded-financial resources are their respective clearing funds, 
containing deposits from their members of both cash and eligible 
securities. With respect to DTC, the Framework would describe that its 
prefunded-financial resources are cash deposits to its Participants 
Fund. The Framework would also describe that DTC may use its risk 
management control, the Collateral Monitor, to help monitor and ensure 
that the settlement obligations of each member are fully 
collateralized. Such identification is designed to meet the financial 
resources availability requirements under Rule 17Ad-22(e)(4)(i) and 
(iii). Therefore, the Commission believes the Framework is consistent 
with Rule 17Ad-22(e)(4)(iv) under the Act.\60\
---------------------------------------------------------------------------

    \60\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(4)(v) under the Act requires that the Clearing 
Agencies maintain the financial resources under Rule 17Ad-22(e)(4)(iii) 
under the Act, in combined or separately maintained clearing or 
guaranty funds.\61\ As described above, the Framework would identify 
the sources of prefunded resources to comply with each Clearing 
Agency's Cover One Requirement. The Framework would require NSCC and 
FICC to maintain those prefunded sources in their respective clearing 
funds. The Framework also would require DTC to maintain its prefunded 
sources in its Participants Fund. Thus, the Commission believes the 
Framework is consistent with Rule 17Ad-22(e)(v) under the Act.\62\
---------------------------------------------------------------------------

    \61\ 17 CFR 240.17Ad-22(e)(4)(v).
    \62\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(4)(vi)(A) under the Act requires that a covered 
clearing agency test the sufficiency of its total financial resources 
available to meet the minimum financial resource requirements under 
Rule 17Ad-22(e)(4)(i) through (iii) under the Act by conducting stress 
testing of its total financial resources daily using standard 
predetermined parameters and assumptions.\63\ As described above, the 
Framework would describe the Clearing Agencies' stress-testing 
methodologies and validation. Specifically, the Framework would state 
how the Clearing Agencies would conduct stress tests on a daily basis, 
and the three risk components the Clearing Agencies would use for the 
stress testing methodologies for these tests. Likewise, the Framework 
would describe how the stress testing methodologies are developed 
through risk identification, scenario development, and risk measurement 
and aggregation. Therefore, the Commission believes the Framework is 
consistent with Rule 17Ad-22(e)(4)(vi)(A) under the Act.\64\
---------------------------------------------------------------------------

    \63\ 17 CFR 240.17Ad-22(e)(4)(vi)(A).
    \64\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(4)(vi)(B) under the Act requires that a covered 
clearing agency test the sufficiency of its total financial resources 
available to meet the minimum financial resource requirements under 
Rule 17Ad-22(e)(4)(i) through (iii) under the Act by conducting a 
comprehensive analysis on at least a monthly basis of the existing 
stress testing scenarios, models, and underlying parameters and 
assumptions, and consider modifications to ensure they are appropriate 
for determining the covered clearing agency's required level of default 
protection in light of current and evolving market conditions.\65\
---------------------------------------------------------------------------

    \65\ 17 CFR 240.17Ad-22(e)(4)(vi)(B).
---------------------------------------------------------------------------

    As described above, the Framework, with respect to model 
validation, would state that the stress-testing methodologies are 
reviewed and analyzed monthly to determine if the components continue 
to be appropriate for determining sufficiency of the Clearing Agencies' 
prefunded financial resources. The analysis would be performed at least 
monthly and would be conducted to assess whether each Clearing Agency's 
stress-testing components appropriately determine the sufficiency of 
the Clearing Agency's prefunded-financial resources.\66\ The Framework 
would state that such analysis may occur more frequently than monthly 
if, for example, (i) the products cleared or markets served by a 
Clearing Agency display high volatility or become less liquid, or (ii) 
the size or concentration of positions held by the applicable Clearing 
Agency's members increases significantly. The Framework also would 
state that the results of the analysis are reviewed monthly by the DTCC 
Enterprise Stress Testing Council. For these reasons, the Commission 
believes the Framework is consistent with Rule 17Ad-22(e)(4)(vi)(B) 
under the Act.\67\
---------------------------------------------------------------------------

    \66\ Id.
    \67\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(4)(vi)(C) under the Act requires that a covered 
clearing agency test the sufficiency of its total financial resources 
available to meet the minimum financial resource requirements under 
Rule 17Ad-22(e)(4)(i) through (iii) under the Act by conducting a 
comprehensive analysis of stress testing scenarios, models, and 
underlying parameters and assumptions more frequently than monthly when 
the products cleared or markets served display high volatility or 
become less liquid, or when the size or concentration of positions held 
by the covered clearing agency's members increases significantly.\68\
---------------------------------------------------------------------------

    \68\ 17 CFR 240.17Ad-22(e)(4)(vi)(C).
---------------------------------------------------------------------------

    As described above, the Framework would describe that the stress-
testing validations are performed at least monthly, and may occur more 
frequently than monthly if, for example, (i) the products cleared or 
markets served by a Clearing Agency display high volatility or become 
less liquid, or (ii) the size or concentration of positions held by the 
applicable Clearing Agency's members increases significantly. The 
Framework also would state that the analysis is designed to assess 
whether each Clearing Agency's stress-testing components are 
appropriate for determining the sufficiency of its prefunded financial 
resources in light of current and evolving market conditions. As such, 
the Commission believes the Framework

[[Page 61086]]

is consistent with Rule 17Ad-22(e)(4)(vi)(C) under the Act.\69\
---------------------------------------------------------------------------

    \69\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(4)(vi)(D) under the Act requires that a covered 
clearing agency test the sufficiency of its total financial resources 
available to meet the minimum financial resource requirements under 
Rule 17Ad-22(e)(4)(i) through (iii) under the Act by reporting the 
results of its analyses under Rule 17Ad-22(e)(4)(vi)(B) and (C) to 
appropriate decision makers at the covered clearing agency, including 
but not limited to, its risk management committee or board of 
directors, and use these results to evaluate the adequacy of and adjust 
its margin methodology, model parameters, models used to generate 
clearing or guaranty fund requirements, and any other relevant aspects 
of its credit risk management framework, in supporting compliance with 
the minimum financial resources requirements set forth in Rule 17Ad-
22(e)(4)(i) through (iii) under the Act.\70\
---------------------------------------------------------------------------

    \70\ 17 CFR 240.17Ad-22(e)(4)(vi)(D).
---------------------------------------------------------------------------

    As described above, the Framework would provide for stress-testing 
governance and model validation. To the extent the stress-testing 
methodology indicates a potential impact to a Clearing Agency's Cover 
One Requirement, the Framework would describe the threshold parameters 
that would results in the Clearing Agency escalating internally and 
analyzing to determine if (i) there is a need to adjust the stress-
testing methodology, or (ii) the threshold breach indicates an issue 
with a particular member. Additionally, the model validation 
description in the Framework would state that the results of the 
stress-testing methodologies are reviewed monthly by the DTCC 
Enterprise Stress Testing Council. The Framework also would state that 
the DTCC Enterprise Stress Testing Council would consider the results 
in evaluating the adequacy of the stress-testing methodologies and 
would determine if adjustments to the stress-testing methodologies are 
appropriate to support the Clearing Agencies' compliance with the 
minimum financial resources requirements set forth in Rule 17Ad-
22(e)(4)(i) through (iii) under the Act.
    The Framework also would state that daily stress testing results 
are summarized and reported monthly to the DTCC Risk Management 
Committee. Based on its review of the information provided, the 
committee may determine to inform or further escalate any concerns to 
the Risk Committees of the Boards, as it deems necessary. Therefore, 
the Commission believes that the Framework is consistent with Rule 
17Ad-22(e)(vi)(D) under the Act.\71\
---------------------------------------------------------------------------

    \71\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(4)(vii) under the Act requires a covered clearing 
agency to perform a model validation for its credit risk models not 
less than annually or more frequently as may be contemplated by the 
covered clearing agency's risk management framework established 
pursuant to Rule 17Ad-22(e)(3) under the Act.\72\ As described above, 
the model validation portion of the Framework would provide that the 
Clearing Agencies' stress-testing methodologies and models are subject 
to independent model validation on at least an annual basis. Therefore, 
the Commission believes that the Framework is consistent with Rule 
17Ad-22(e)(4)(vii) under the Act.\73\
---------------------------------------------------------------------------

    \72\ 17 CFR 240.17Ad-22(e)(4)(vii).
    \73\ Id.
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether these filings, as 
modified by Amendments No. 2, 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-2017-005, SR-FICC-2017-009, or SR-NSCC-2017-006 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-2017-005, SR-FICC-
2017-009, or SR-NSCC-2017-006. This file number should be included on 
the subject line if email is used. To help the Commission process and 
review your comments more efficiently, please use only one method. The 
Commission will post all comments on the Commission's internet website 
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all 
subsequent amendments, all written statements with respect to the 
proposed rule change that are filed with the Commission, and all 
written communications relating to the proposed rule change between the 
Commission and any person, other than those that may be withheld from 
the public in accordance with the provisions of 5 U.S.C. 552, will be 
available for website 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 filings also will be available for inspection and copying at the 
principal office of DTCC and on DTCC's website (http://dtcc.com/legal/sec-rule-filings.aspx). All comments received will be posted without 
change. Persons submitting comments are cautioned that we do not redact 
or edit personal identifying information from comment submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-DTC-2017-005, 
SR-FICC-2017-009, or SR-NSCC-2017-006 and should be submitted on or 
before January 16, 2018.

V. Accelerated Approval of Proposed Rule Changes

    The Commission finds good cause, pursuant to Section 19(b)(2) of 
the Exchange Act,\74\ to approve the Proposed Rule Changes prior to the 
30th day after the date of publication of Amendments No. 2 in the 
Federal Register. As discussed above, Amendments No. 2 make clear which 
specific historical scenarios, at a minimum, the Clearing Agencies 
would use for stress testing.
---------------------------------------------------------------------------

    \74\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    By listing the specific historic scenarios, Amendments No. 2 
provides for a more clear and comprehensive Framework, which could help 
improve the Clearing Agencies' ability to determine and evaluate the 
credit risk presented by Clearing Agencies' members. That improved 
ability could better enable the Clearing Agencies to deploy their risk-
management tools more effectively to manage the credit and market 
presented by such members and, thus, help mitigate the risk that the 
Clearing Agencies and their non-defaulting members would suffer a loss 
from a member default.
    Therefore, the Commission finds that Amendments No. 2 are designed 
to help assure the safeguarding of securities and funds which are in 
the custody or control of the Clearing Agencies or for which they are 
responsible, consistent with Section 17A(b)(3)(F) of the Act.\75\ 
Accordingly, the Commission finds good cause for approving the proposed 
rule changes, as modified by Amendments No. 2, on an accelerated

[[Page 61087]]

basis, pursuant to Section 19(b)(2) of the Exchange Act.\76\
---------------------------------------------------------------------------

    \75\ 15 U.S.C. 78q-1(b)(3)(F).
    \76\ Id.
---------------------------------------------------------------------------

VI. Conclusion

    On the basis of the foregoing, the Commission finds that the 
Proposed Rule Changes are consistent with the requirements of the Act, 
in particular the requirements of Section 17A of the Act \77\ and the 
rules and regulations promulgated thereunder.
---------------------------------------------------------------------------

    \77\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act, 
that proposed rule changes SR-DTC-2017-005, SR-FICC-2017-009, and SR-
NSCC-2017-006, as modified by Amendments Nos. 1 and 2, be, and hereby 
are, APPROVED on an accelerated basis.\78\
---------------------------------------------------------------------------

    \78\ In approving the Proposed Rule Changes, the Commission 
considered the proposals' impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\79\
---------------------------------------------------------------------------

    \79\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-27705 Filed 12-22-17; 8:45 am]
BILLING CODE 8011-01-P



                                               61082                      Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices

                                                 For the Commission by the Division of                 Register of filing Amendments No. 1                   financial resources.9 The Framework
                                               Trading and Markets, pursuant to delegated              and order instituting proceedings under               would describe (i) the sources of each
                                               authority.63                                            Section 19(b)(2)(B)(i) of the Act 5 to                Clearing Agency’s total prefunded-
                                               Eduardo A. Aleman,                                      determine whether to approve or                       financial resources; (ii) the Clearing
                                               Assistant Secretary.                                    disapprove the proposed rule changes.6                Agencies’ stress-testing methodologies;
                                               [FR Doc. 2017–27692 Filed 12–22–17; 8:45 am]            On October 16, 2017, the Commission                   (iii) the Clearing Agencies’ stress-testing
                                               BILLING CODE 8011–01–P                                  designated a longer period on the                     governance and execution processes;
                                                                                                       proceedings to determine whether to                   and (iv) the Clearing Agencies’ model-
                                                                                                       approve or disapprove the proposed                    validation practices.10
                                               SECURITIES AND EXCHANGE                                 rule changes.7 On December 12, 2017,
                                               COMMISSION                                                                                                    A. Sources of Prefunded-Financial
                                                                                                       the Clearing Agencies each filed
                                                                                                                                                             Resources
                                               [Release No. 34–82368; File Nos. SR–DTC–                Amendments No. 2 to their respective
                                               2017–005; SR–FICC–2017–009; SR–NSCC–                    proposed rule changes (hereinafter,                     The Framework would outline the
                                               2017–006]                                               ‘‘Proposed Rule Changes’’).                           prefunded-financial resources and
                                                                                                       Amendments No. 2 would clarify the                    related stress-testing methodologies of
                                               Self-Regulatory Organizations; The                      historical scenarios that the Clearing                the Clearing Agencies. The Framework
                                               Depository Trust Company; Fixed                         Agency would use for stress testing. The              would begin by describing the
                                               Income Clearing Corporation; National                   Commission did not receive any                        applicable regulatory requirements,
                                               Securities Clearing Corporation;                        comment letters on the Proposed Rule                  with respect to credit risk management,
                                               Notice of Filing of Amendments No. 2                    Changes.                                              of each Clearing Agency and how the
                                               and Order Granting Accelerated                                                                                Clearing Agencies address those
                                               Approval of Proposed Rule Changes,                      II. Description of the Proposed Rule
                                                                                                       Changes                                               requirements.11 The Framework would
                                               as Modified by Amendments Nos. 1                                                                              address those requirements by
                                               and 2, To Adopt the Clearing Agency                        The Proposed Rule Changes would                    describing how each Clearing Agency
                                               Stress Testing Framework (Market                        adopt the Clearing Agency Stress                      maintains sufficient prefunded-financial
                                               Risk)                                                   Testing Framework (Market Risk)                       resources to cover fully the credit
                                               December 19, 2017.
                                                                                                       (‘‘Framework’’), which would set the                  exposures to each of their respective
                                                                                                       Clearing Agencies’ procedures for                     members with a high degree of
                                               I. Introduction                                         identifying, measuring, monitoring, and               confidence.12 The Framework would
                                                  On April 7, 2017, The Depository                     managing their credit exposures to                    also describe how the Clearing Agencies
                                               Trust Company (‘‘DTC’’), Fixed Income                   members. Although the Framework                       maintain additional prefunded-financial
                                               Clearing Corporation (‘‘FICC’’), and                    would be a rule of each Clearing                      resources that, at a minimum, would
                                               National Securities Clearing Corporation                Agency, the Proposed Rule Changes do                  enable them to cover a wide range of
                                               (‘‘NSCC,’’ each a ‘‘Clearing Agency,’’                  not require any changes to the Rules,                 foreseeable stress scenarios that include,
                                               and collectively, the ‘‘Clearing                        By-Laws and Organizational Certificate                but are not limited to, the default of the
                                               Agencies’’), filed with the Securities and              of DTC (‘‘DTC Rules’’), the Rulebook of               affiliated family of members (‘‘Affiliated
                                               Exchange Commission (‘‘Commission’’)                    GSD (‘‘GSD Rules’’), the Clearing Rules               Family’’) that would potentially cause
                                               proposed rule changes SR–DTC–2017–                      of MBSD (‘‘MBSD Rules’’), or the Rules                the largest aggregate credit exposure to
                                               005, SR–FICC–2017–009, and SR–                          & Procedures of NSCC (‘‘NSCC Rules’’),                the Clearing Agency in extreme but
                                               NSCC–2017–006, respectively, pursuant                   as the Framework would be a                           plausible market conditions (‘‘Cover
                                               to Section 19(b)(1) of the Securities                   standalone document.8                                 One Requirement’’).13 Because the
                                               Exchange Act of 1934 (‘‘Act’’) 1 and Rule                  In general, the Framework would                    credit risks and prefunded-financial
                                               19b–4 thereunder.2                                      describe the stress-testing practices                 resources of each Clearing Agency
                                                  The proposed rule changes were                       adopted by the Clearing Agencies. The                 differ, the Framework would describe
                                               published for comment in the Federal                    Clearing Agencies designed their stress               the prefunded-financial resources and
                                               Register on April 25, 2017.3 On June 7,                 testing to help ensure the sufficiency of             related stress-testing methodologies of
                                               2017, the Commission designated a                       each Clearing Agency’s total prefunded-               the Clearing Agencies separately.14
                                               longer period for Commission Action on                                                                          With respect to FICC and NSCC, the
                                                                                                         5 15  U.S.C. 78s(b)(2)(B)(i).
                                               the proposed rule changes.4 On July 19,                                                                       Framework would describe that the
                                                                                                         6 See  Securities Exchange Act Release No. 81192
                                               2017, the Clearing Agencies each filed                                                                        prefunded-financial resources are their
                                                                                                       (July 24, 2017), 82 FR 35245 (July 28, 2017) (SR–
                                               Amendments No. 1 to their respective                    DTC–2017–005; SR–FICC–2017–009; SR–NSCC–              respective clearing funds, containing
                                               proposed rule changes. Amendments                       2017–006).                                            deposits from their members of both
                                               No. 1 would clarify how the Clearing                       7 See Securities Exchange Act Release No. 81883
                                                                                                                                                             cash and eligible securities.15 The
                                               Agencies would use scenarios to                         (October 16, 2017), 82 FR 48858 (October 20, 2017)
                                                                                                       (SR–DTC–2017–005; SR–FICC–2017–009; SR–               Framework would describe that such
                                               estimate the profits and losses (‘‘P&L’’)               NSCC–2017–006).                                       deposits are calculated for each
                                               of a member closeout.                                      8 Available at http://www.dtcc.com/en/legal/
                                                                                                                                                             individual member pursuant to the GSD
                                                  On July 24, 2017, the Commission                     rules-and-procedures. FICC is comprised of two        Rules, MBSD Rules, or NSCC Rules, as
                                               published a notice in the Federal                       divisions: The Government Securities Division
                                                                                                       (‘‘GSD’’) and the Mortgage-Backed Securities          applicable, and each member’s deposit
                                                 63 17                                                 Division (‘‘MBSD’’). Each division serves as a
                                                        CFR 200.30–3(a)(12).
                                                 1 15
                                                                                                       central counterparty, becoming the buyer and seller     9 Notice,   82 FR at 19132.
                                                       U.S.C. 78s(b)(1).                               to each of their respective members’ securities         10 Id.
ethrower on DSK3G9T082PROD with NOTICES




                                                  2 17 CFR 240.19b–4.
                                                                                                       transactions and guarantying settlement of those        11 Id.
                                                  3 See Securities Exchange Act Release No. 80485
                                                                                                       transactions, even if a member defaults. GSD            12 Id.
                                               (April 19, 2017), 82 FR 19131 (April 25, 2017) (SR–     provides, among other things, clearance and
                                                                                                                                                               13 See  17 CFR 240.17Ad–22(e)(4)(iii).
                                               DTC–2017–005; SR–FICC–2017–009; SR–NSCC–                settlement for trades in U.S. Government debt
                                               2017–006) (‘‘Notice’’).                                 issues. MBSD provides, among other things,              14 Notice, 82 FR at 19132.
                                                  4 See Securities Exchange Act Release No. 80876      clearance and settlement for trades in mortgage-        15 Id. Any eligible security is subject to a haircut.

                                               (June 7, 2017), 82 FR 27091 (June 13, 2017) (SR–        backed securities. GSD and MBSD maintain              GSD Rule 4 (Clearing Fund and Loss Allocation),
                                               DTC–2017–005; SR–FICC–2017–009; SR–NSCC–                separate sets of rules, margin models, and clearing   MBSD Rule 4 (Clearing Fund and Loss Allocation),
                                               2017–006).                                              funds. Notice, 82 FR at 19131.                        and NSCC Rule 4 (Clearing Fund), supra note 8.



                                          VerDate Sep<11>2014   20:21 Dec 22, 2017   Jkt 244001   PO 00000   Frm 00135   Fmt 4703   Sfmt 4703   E:\FR\FM\26DEN1.SGM     26DEN1


                                                                            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices                                                       61083

                                               would be referred to in the Framework                     suitable stressed period of risk,                        Framework would apply historical
                                               as its ‘‘Required Deposit.’’ 16                           deficiencies, and coverage ratios.25 The                 scenarios during the 2008 financial
                                                  With respect to DTC, the Framework                     Framework would describe how the                         crisis to securities issued by the
                                               would describe that its prefunded-                        Clearing Agencies would develop P&L                      Affiliated Family as well as securities
                                               financial resources are cash deposits to                  estimation methodologies, and how they                   issued by the non-Affiliated Family.
                                               its Participants Fund.17 The Framework                    would calculate risk metrics that are                       The Framework would also describe
                                               would also describe that DTC may use                      applicable to such methodologies under                   the reverse stress-testing analysis that is
                                               its risk management control, the                          the chosen stress-testing scenarios.26                   performed by FICC and NSCC on at least
                                               Collateral Monitor, to monitor and                        The Clearing Agencies could use a                        a semi-annual basis.34 The analysis
                                               assure that the settlement obligations of                 number of P&L methodologies for stress-                  would provide another means for FICC
                                               each member are fully collateralized.18                   testing purposes, including risk                         and NSCC, as central counterparties, to
                                               B. Stress-Testing Methodology                             sensitivity, index mapping, and actual                   test the sufficiency of the Clearing
                                                                                                         or approximate historical shock                          Agencies’ respective prefunded
                                                  The Framework would describe the                       approaches.27                                            financial resources.35 In conducting
                                               stress-testing methodologies that the                        The Framework would further                           reverse stress-testing, FICC and NSCC
                                               Clearing Agencies use to test the                         describe the stress-testing methodology                  would utilize scenarios of multiple
                                               sufficiency of their total prefunded-                     by stating that the Clearing Agencies                    defaults, extreme market shocks, or
                                               financial resources against the Cover                     would calculate member stress                            shocks for other risk factors, which
                                               One Requirement. The Framework                            deficiencies,28 Affiliated Family                        would cause those Clearing Agencies, as
                                               would state that the stress testing is                    deficiencies,29 and Cover One Ratios                     applicable, to exhaust all of their
                                               designed to identify potential                            daily.30                                                 respective prefunded financial
                                               weaknesses in the methodologies used                         The Framework would further state                     resources.36
                                               to calculate members’ Required Deposits                   that FICC and NSCC would consider
                                               and to determine collateral haircuts.19                   non-Cover-One Ratio coverages, such as                   C. Stress-Testing Governance and
                                                  The Framework would describe in                        comparing member stress deficiencies                     Execution Process
                                               detail the three key components of the                    against such member’s known financial                       The Framework would describe the
                                               development of stress-testing                             resources (e.g., equity capital base), to                Clearing Agencies’ stress-testing
                                               methodologies:                                            keep abreast of potential financial                      governance and execution processes.
                                                  1. Risk Identification. The Clearing                   vulnerabilities facing such member.31                    Stress testing would be conducted daily
                                               Agencies would identify the principal                     Additionally, the Framework would                        for each of the Clearing Agencies, and
                                               credit-risk drivers that are                              state that DTC would also test the                       stress-testing risk metrics also would be
                                               representative and specific to each                       adequacy of its collateral haircuts by                   generated each day.37 The Cover One
                                               Clearing Agency’s clearing and/or                         measuring the amount of stress losses                    Ratios and member stress deficiencies
                                               collateral portfolio under stressed                       that exceed the haircut applied to the                   would be monitored against pre-
                                               market conditions.20                                      collateral securities (i.e., ‘‘Haircut                   established thresholds.38 Breaches of
                                                  2. Scenario Development. The                           Deficiency’’).32                                         these pre-established thresholds would
                                               Clearing Agencies would construct                            Moreover, the Framework would state                   initially be subject to more detailed
                                               comprehensive and relevant sets of                        that the Clearing Agencies measure both
                                               extreme but plausible historical and                                                                               studies to identify any potential impact
                                                                                                         specific and generic wrong-way risk for                  to the applicable Clearing Agencies’
                                               hypothetical stress scenarios for the                     each Clearing Agency’s members and
                                               identified risk drivers.21 The                                                                                     Cover One Requirement.39 The
                                                                                                         Affiliated Families.33 To measure                        Framework would describe that, to the
                                               Framework would describe how the                          specific wrong-way risk, for each given
                                               Clearing Agencies would develop and                                                                                extent such studies indicate a potential
                                                                                                         Member and its Affiliated Family and                     impact to a Clearing Agency’s Cover
                                               select both historical and hypothetical                   each given scenario, the securities
                                               scenarios that reflect stressed market                                                                             One Requirement, the threshold breach
                                                                                                         issued by the Affiliated Family would                    would be escalated internally and
                                               conditions.22 Historical scenarios would                  be subject to shocks that reflect the
                                               be based on stressed market conditions                                                                             analyzed to determine if (i) there is a
                                                                                                         default of a Member’s Affiliated Family.                 need to adjust the stress-testing
                                               that occurred on specific dates in the                    To measure general wrong-way risk, the
                                               past.23 In contrast, hypothetical stress                                                                           methodology, or (ii) the threshold
                                               scenarios would be theoretical market                       25 Id.
                                                                                                                                                                  breach indicates an issue with a
                                               conditions.24                                               26 Id.
                                                                                                                                                                  particular member.40 Based on that
                                                  3. Risk Measurement and                                  27 Id.                                                 analysis, the Clearing Agencies would
                                               Aggregation. The Clearing Agencies                           28 The Framework would define ‘‘member stress         determine the appropriate course of
                                               would calculate the risk metrics of each                  deficiency’’ for each scenario as, with respect to       action.41
                                                                                                         FICC and NSCC, the stress loss exceeding the
                                               Clearing Agency’s actual portfolio to                     applicable member’s Required Deposits. The               D. Model Validation
                                               estimate the P&L of a close out over a                    Framework would define ‘‘member stress
                                                                                                         deficiency’’ for each scenario at DTC as the shortfall     The Framework would describe the
                                                 16 Id.                                                  of a member’s Collateral Monitor. Id.                    process the Clearing Agencies would
                                                  17 Id. DTC Rule 4 (Participants Fund and
                                                                                                            29 The Framework would define ‘‘Affiliated            use to validate their stress-testing
                                                                                                         Family deficiency’’ as the aggregate of all member
                                               Participants Investment). Supra note 8.
                                                  18 Notice, 82 FR at 19132. ‘‘Collateral Monitor’’ is
                                                                                                         stress deficiencies within the applicable Affiliated       34 Id.
                                                                                                         Family. Id.
                                               defined in DTC Rule 1, Section 1 (Definitions), and          30 The Framework would define ‘‘Cover One
                                                                                                                                                                    35 Id.

                                               its calculation is further provided for in the DTC                                                                   36 Id.
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                         Ratio’’ as the ratio of Affiliated Family deficiency
                                               Settlement Service Guide of the DTC Rules. Supra                                                                     37 Id.
                                                                                                         over the total value of the relevant Clearing
                                               note 8.                                                                                                              38 According to the Clearing Agencies, risk-
                                                                                                         Agency’s clearing fund (or, for DTC, the
                                                  19 Id.
                                                                                                         Participants Fund), excluding the value of the           threshold levels are chosen to assist each Clearing
                                                  20 Id.
                                                                                                         applicable Affiliated Family’s Required Deposits.        Agency in achieving a high degree of confidence
                                                  21 Id.                                                 Id.                                                      that its Cover One Requirement is met daily. Id.
                                                  22 Id.                                                    31 Id.                                                  39 Id.
                                                  23 Notice, 82 FR at 19133.                                32 Id.                                                  40 Id.
                                                  24 Id.                                                    33 Id.                                                  41 Id.




                                          VerDate Sep<11>2014    20:21 Dec 22, 2017   Jkt 244001   PO 00000   Frm 00136   Fmt 4703    Sfmt 4703   E:\FR\FM\26DEN1.SGM        26DEN1


                                               61084                             Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices

                                               procedures. The Clearing Agencies                           requirements of the Act and the rules                 are responsible, consistent with Section
                                               would each conduct a comprehensive                          and regulations thereunder applicable to              17A(b)(3)(F) of the Act.52
                                               analysis of their respective daily stress-                  the Clearing Agencies. In particular, the
                                                                                                                                                                 B. Consistency With Rule 17Ad–
                                               testing results, existing scenario sets                     Commission believes the proposal is
                                                                                                                                                                 22(e)(4)(i), (iii), (iv), (v), and (vi)
                                               (including any changes to such                              consistent with Section 17A(b)(3)(F) of
                                               scenarios for the period since the last                     the Act,49 as well as Rule 17Ad–22(e)(4)                 Rule 17Ad–22(e)(4) under the Act
                                               review), and the performance of the                         thereunder.50                                         requires, in part, that the Clearing
                                               stress-testing methodologies along with                                                                           Agencies establish, implement,
                                               key underlying parameters and                               A. Consistency With Section                           maintain and enforce written policies
                                               assumptions.42 The analysis would be                        17A(b)(3)(F) of the Act                               and procedures reasonably designed to
                                               performed at least monthly and would                                                                              effectively identify, measure, monitor,
                                                                                                              Section 17A(b)(3)(F) of the Act
                                               be conducted to assess whether each                                                                               and manage their credit exposures to
                                                                                                           requires, in part, that the rules of a
                                               Clearing Agency’s stress-testing                                                                                  participants and those arising from its
                                                                                                           registered clearing agency be designed
                                               components appropriately determine                                                                                payment, clearing, and settlement
                                                                                                           to promote prompt and accurate
                                               the sufficiency of the Clearing Agency’s                                                                          processes.53 Specifically, Rule 17Ad–
                                                                                                           clearance and settlement, and assure the
                                               prefunded-financial resources.43 The                                                                              22(e)(4)(i) under the Act requires that a
                                                                                                           safeguarding of securities and funds
                                               Framework would state that such                                                                                   covered clearing agency maintain
                                                                                                           which are in the custody or control of
                                               analysis may occur more frequently                                                                                sufficient financial resources to cover its
                                                                                                           the Clearing Agencies or for which they
                                               than monthly if, for example, (i) the                                                                             credit exposure to each participant fully
                                                                                                           are responsible.51
                                               products cleared or markets served by a                                                                           with a high degree of confidence.54 As
                                               Clearing Agency display high volatility                        As described above, the Framework                  described above, the descriptions in the
                                               or become less liquid, or (ii) the size or                  would describe (i) the sources of each                Framework, both individually and
                                               concentration of positions held by the                      Clearing Agency’s total prefunded-                    collectively, are designed by the
                                               applicable Clearing Agency’s members                        financial resources; (ii) the Clearing                Clearing Agencies to evaluate the credit
                                               increases significantly.44                                  Agencies’ stress-testing methodologies;               exposure presented by many of the
                                                  The Framework would state that the                       (iii) the Clearing Agencies’ stress-testing           Clearing Agencies’ members. The
                                               results of the analysis are reviewed                        governance and execution processes;                   Clearing Agencies would construct
                                               monthly by the DTCC Enterprise Stress                       and (iv) the Clearing Agencies’ model-                comprehensive and relevant sets of
                                               Testing Council.45 The Framework                            validation practices. Moreover, the                   extreme but plausible historical and
                                               would also state that daily stress-testing                  Framework would describe the Clearing                 hypothetical stress scenarios for the
                                               results are summarized and reported                         Agencies’ stress testing practices in a               identified risk drivers.55 The Clearing
                                               monthly to the DTCC Risk Management                         clear and comprehensive manner.                       Agencies would also calculate the risk
                                               Committee.46 Finally, the Framework                         Therefore, the Framework could help                   metrics of each Clearing Agency’s actual
                                               would state that stress-testing                             improve the Clearing Agencies’ ability                portfolio to estimate the P&L of
                                               methodologies and related models are                        to determine and evaluate the credit risk             resolving a participant default over a
                                               subject to independent model validation                     presented by Clearing Agencies’                       suitable stressed period of risk,
                                               on at least an annual basis.47                              members by testing (i) the sufficiency of             deficiencies, and coverage ratios. Thus,
                                               E. Notice of Filing of Amendments No.                       their credit resources in a variety of                the Framework would help the Clearing
                                               2                                                           extreme but plausible scenarios, and (ii)             Agencies to determine the financial
                                                                                                           the potential losses to the Clearing                  resources necessary to cover their credit
                                                  As proposed, the Framework did not                       Agencies from a participant default.                  exposure, as applicable, with a high
                                               specify the historical scenarios the
                                                                                                              The improved ability to evaluate                   degree of confidence, consistent with
                                               Clearing Agencies would use in their
                                                                                                           credit risk could enable the Clearing                 Rule 17Ad–22(e)(4)(i).56
                                               stress testing. The Clearing Agencies
                                                                                                           Agencies to deploy their risk-                           Rule 17Ad–22(e)(4)(iii) under the Act
                                               filed Amendments No. 2 to clarify that,
                                                                                                           management tools more effectively to                  requires that, to the extent not already
                                               at a minimum, the Clearing Agencies
                                                                                                           manage the credit and market presented                maintained pursuant to Rule 17Ad–
                                               would use certain specific historical
                                                                                                           by such members. Through such                         22(e)(4)(i) under the Act, the Clearing
                                               scenarios.
                                                                                                           preparation, the Framework could                      Agencies maintain additional financial
                                               III. Discussion and Commission                              decrease the possibility of a member                  resources that, at minimum, enable
                                               Findings                                                    default. By enabling the Clearing                     them to cover a wide range of
                                                  Section 19(b)(2)(C) of the Act directs                   Agencies to use their risk-management                 foreseeable stress scenarios that include,
                                               the Commission to approve a proposed                        tools to monitor its credit and market                but are not limited to, the default of the
                                               rule change of a self-regulatory                            more effectively, the proposed                        participant family that would
                                               organization if it finds that such                          Framework is designed to help mitigate                potentially cause the largest aggregate
                                               proposed rule change is consistent with                     the risk that the Clearing Agencies and               credit exposure for the covered clearing
                                               the requirements of the Act and rules                       their non-defaulting members would                    agency in extreme but plausible market
                                               and regulations thereunder applicable to                    suffer a loss from a member default.                  conditions.57
                                               such organization.48 After carefully                                                                                 As described above, the Framework
                                                                                                              Therefore, the Commission finds that
                                               considering the Proposed Rule Changes,                                                                            would describe how the Clearing
                                                                                                           the proposed rule changes are designed
                                               the Commission finds that the Proposed                                                                            Agencies have developed and carried
                                                                                                           to help promote prompt and accurate
                                               Rule Changes are consistent with the                                                                              out a credit-risk management strategy to
                                                                                                           clearance and settlement, and assure the
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                                                                                 (i) maintain prefunded financial
                                                 42 Id.
                                                                                                           safeguarding of securities and funds
                                                 43 Id.
                                                                                                           which are in the custody or control of                  52 15  U.S.C. 78q–1(b)(3)(F).
                                                 44 Id.                                                    the Clearing Agencies or for which they                 53 17  CFR 240.17Ad–22(e)(4).
                                                 45 Id.                                                                                                            54 17 CFR 240.17Ad–22(e)(4)(i).

                                                 46 Id.                                                      49 15 U.S.C. 78q–1(b)(3)(F).                          55 Id.

                                                 47 Id.                                                      50 17 CFR 240.17Ad–22(e)(4).                          56 Id.
                                                 48 15    U.S.C. 78s(b)(2)(C).                               51 15 U.S.C. 78q–1(b)(3)(F).                          57 17 CFR 240.17Ad–22(e)(4)(iii).




                                          VerDate Sep<11>2014       20:21 Dec 22, 2017   Jkt 244001   PO 00000   Frm 00137   Fmt 4703   Sfmt 4703   E:\FR\FM\26DEN1.SGM    26DEN1


                                                                             Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices                                                      61085

                                               resources to comply with a Cover One                       clearing or guaranty funds.61 As                        analyzed monthly to determine if the
                                               Requirement; (ii) test the sufficiency;                    described above, the Framework would                    components continue to be appropriate
                                               (iii) provide governance for the testing;                  identify the sources of prefunded                       for determining sufficiency of the
                                               and (iv) validate the testing models for                   resources to comply with each Clearing                  Clearing Agencies’ prefunded financial
                                               the requirement. The Framework would                       Agency’s Cover One Requirement. The                     resources. The analysis would be
                                               also describe how each Clearing Agency                     Framework would require NSCC and                        performed at least monthly and would
                                               tests the sufficiency of its prefunded                     FICC to maintain those prefunded                        be conducted to assess whether each
                                               resources daily to support compliance                      sources in their respective clearing                    Clearing Agency’s stress-testing
                                               with this requirement. Such testing                        funds. The Framework also would                         components appropriately determine
                                               could better enable the Clearing                           require DTC to maintain its prefunded                   the sufficiency of the Clearing Agency’s
                                               Agencies to determine their respective                     sources in its Participants Fund. Thus,                 prefunded-financial resources.66 The
                                               Cover One Requirement in extreme but                       the Commission believes the Framework                   Framework would state that such
                                               plausible scenarios by determining the                     is consistent with Rule 17Ad–22(e)(v)                   analysis may occur more frequently
                                               impact of member defaults in various                       under the Act.62                                        than monthly if, for example, (i) the
                                               scenarios. With this identification of                        Rule 17Ad–22(e)(4)(vi)(A) under the                  products cleared or markets served by a
                                               Cover One Requirement, the Clearing                        Act requires that a covered clearing                    Clearing Agency display high volatility
                                               agencies could size their margin                           agency test the sufficiency of its total                or become less liquid, or (ii) the size or
                                               requirements to maintain their Cover                       financial resources available to meet the               concentration of positions held by the
                                               One Requirement. Thus, the                                 minimum financial resource                              applicable Clearing Agency’s members
                                               Commission believes the Proposed Rule                      requirements under Rule 17Ad–                           increases significantly. The Framework
                                               Changes are consistent with Rule 17Ad–                     22(e)(4)(i) through (iii) under the Act by              also would state that the results of the
                                               22(e)(4)(iii).58                                           conducting stress testing of its total                  analysis are reviewed monthly by the
                                                  Rule 17Ad–22(e)(4)(iv) under the Act                    financial resources daily using standard                DTCC Enterprise Stress Testing Council.
                                               requires that a covered clearing agency                    predetermined parameters and                            For these reasons, the Commission
                                               include prefunded financial resources,                     assumptions.63 As described above, the                  believes the Framework is consistent
                                               exclusive of assessments for additional                    Framework would describe the Clearing                   with Rule 17Ad–22(e)(4)(vi)(B) under
                                               guaranty fund contributions or other                       Agencies’ stress-testing methodologies                  the Act.67
                                               resources that are not prefunded, when                     and validation. Specifically, the                          Rule 17Ad–22(e)(4)(vi)(C) under the
                                               calculating financial resources available                  Framework would state how the                           Act requires that a covered clearing
                                               to meet the standards under Rule 17Ad–                     Clearing Agencies would conduct stress                  agency test the sufficiency of its total
                                               22(e)(4)(i) through (iii) under the Act, as                tests on a daily basis, and the three risk              financial resources available to meet the
                                               applicable.59 Because the credit risks                     components the Clearing Agencies                        minimum financial resource
                                               and prefunded-financial resources of                       would use for the stress testing                        requirements under Rule 17Ad–
                                               each Clearing Agency differ, the                           methodologies for these tests. Likewise,                22(e)(4)(i) through (iii) under the Act by
                                               Framework would describe the                               the Framework would describe how the                    conducting a comprehensive analysis of
                                               prefunded-financial resources and                          stress testing methodologies are                        stress testing scenarios, models, and
                                               related stress-testing methodologies of                    developed through risk identification,                  underlying parameters and assumptions
                                               the Clearing Agencies separately.                          scenario development, and risk
                                                  With respect to FICC and NSCC, the                                                                              more frequently than monthly when the
                                                                                                          measurement and aggregation.                            products cleared or markets served
                                               Framework would describe the                               Therefore, the Commission believes the
                                               prefunded-financial resources are their                                                                            display high volatility or become less
                                                                                                          Framework is consistent with Rule                       liquid, or when the size or
                                               respective clearing funds, containing                      17Ad–22(e)(4)(vi)(A) under the Act.64
                                               deposits from their members of both                                                                                concentration of positions held by the
                                                                                                             Rule 17Ad–22(e)(4)(vi)(B) under the                  covered clearing agency’s members
                                               cash and eligible securities. With                         Act requires that a covered clearing
                                               respect to DTC, the Framework would                                                                                increases significantly.68
                                                                                                          agency test the sufficiency of its total
                                               describe that its prefunded-financial                      financial resources available to meet the                  As described above, the Framework
                                               resources are cash deposits to its                         minimum financial resource                              would describe that the stress-testing
                                               Participants Fund. The Framework                           requirements under Rule 17Ad–                           validations are performed at least
                                               would also describe that DTC may use                       22(e)(4)(i) through (iii) under the Act by              monthly, and may occur more
                                               its risk management control, the                           conducting a comprehensive analysis on                  frequently than monthly if, for example,
                                               Collateral Monitor, to help monitor and                    at least a monthly basis of the existing                (i) the products cleared or markets
                                               ensure that the settlement obligations of                  stress testing scenarios, models, and                   served by a Clearing Agency display
                                               each member are fully collateralized.                      underlying parameters and                               high volatility or become less liquid, or
                                               Such identification is designed to meet                    assumptions, and consider                               (ii) the size or concentration of positions
                                               the financial resources availability                       modifications to ensure they are                        held by the applicable Clearing
                                               requirements under Rule 17Ad–                              appropriate for determining the covered                 Agency’s members increases
                                               22(e)(4)(i) and (iii). Therefore, the                      clearing agency’s required level of                     significantly. The Framework also
                                               Commission believes the Framework is                       default protection in light of current and              would state that the analysis is designed
                                               consistent with Rule 17Ad–22(e)(4)(iv)                     evolving market conditions.65                           to assess whether each Clearing
                                               under the Act.60                                              As described above, the Framework,                   Agency’s stress-testing components are
                                                  Rule 17Ad–22(e)(4)(v) under the Act                     with respect to model validation, would                 appropriate for determining the
                                               requires that the Clearing Agencies                                                                                sufficiency of its prefunded financial
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                          state that the stress-testing
                                               maintain the financial resources under                     methodologies are reviewed and                          resources in light of current and
                                               Rule 17Ad–22(e)(4)(iii) under the Act,                                                                             evolving market conditions. As such,
                                               in combined or separately maintained                         61 17    CFR 240.17Ad–22(e)(4)(v).                    the Commission believes the Framework
                                                                                                            62 Id.
                                                 58 Id.                                                     63 17    CFR 240.17Ad–22(e)(4)(vi)(A).                  66 Id.
                                                 59 17    CFR 240.17Ad–22(e)(4)(iv).                        64 Id.                                                  67 Id.
                                                 60 Id.                                                     65 17    CFR 240.17Ad–22(e)(4)(vi)(B).                  68 17    CFR 240.17Ad–22(e)(4)(vi)(C).



                                          VerDate Sep<11>2014      20:21 Dec 22, 2017   Jkt 244001   PO 00000   Frm 00138     Fmt 4703   Sfmt 4703   E:\FR\FM\26DEN1.SGM      26DEN1


                                               61086                         Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices

                                               is consistent with Rule 17Ad–                              Therefore, the Commission believes that                 those that may be withheld from the
                                               22(e)(4)(vi)(C) under the Act.69                           the Framework is consistent with Rule                   public in accordance with the
                                                  Rule 17Ad–22(e)(4)(vi)(D) under the                     17Ad–22(e)(vi)(D) under the Act.71                      provisions of 5 U.S.C. 552, will be
                                               Act requires that a covered clearing                          Rule 17Ad–22(e)(4)(vii) under the Act                available for website viewing and
                                               agency test the sufficiency of its total                   requires a covered clearing agency to                   printing in the Commission’s Public
                                               financial resources available to meet the                  perform a model validation for its credit               Reference Room, 100 F Street NE,
                                               minimum financial resource                                 risk models not less than annually or                   Washington, DC 20549 on official
                                               requirements under Rule 17Ad–                              more frequently as may be contemplated                  business days between the hours of
                                               22(e)(4)(i) through (iii) under the Act by                 by the covered clearing agency’s risk                   10:00 a.m. and 3:00 p.m. Copies of the
                                               reporting the results of its analyses                      management framework established                        filings also will be available for
                                               under Rule 17Ad–22(e)(4)(vi)(B) and (C)                    pursuant to Rule 17Ad–22(e)(3) under                    inspection and copying at the principal
                                               to appropriate decision makers at the                      the Act.72 As described above, the                      office of DTCC and on DTCC’s website
                                               covered clearing agency, including but                     model validation portion of the                         (http://dtcc.com/legal/sec-rule-
                                               not limited to, its risk management                        Framework would provide that the                        filings.aspx). All comments received
                                               committee or board of directors, and use                   Clearing Agencies’ stress-testing                       will be posted without change. Persons
                                               these results to evaluate the adequacy of                  methodologies and models are subject to                 submitting comments are cautioned that
                                               and adjust its margin methodology,                         independent model validation on at                      we do not redact or edit personal
                                               model parameters, models used to                           least an annual basis. Therefore, the                   identifying information from comment
                                               generate clearing or guaranty fund                         Commission believes that the                            submissions. You should submit only
                                               requirements, and any other relevant                       Framework is consistent with Rule                       information that you wish to make
                                               aspects of its credit risk management                      17Ad–22(e)(4)(vii) under the Act.73                     available publicly. All submissions
                                               framework, in supporting compliance                                                                                should refer to File Number SR–DTC–
                                               with the minimum financial resources                       IV. Solicitation of Comments                            2017–005, SR–FICC–2017–009, or SR–
                                               requirements set forth in Rule 17Ad–                         Interested persons are invited to                     NSCC–2017–006 and should be
                                               22(e)(4)(i) through (iii) under the Act.70                 submit written data, views and                          submitted on or before January 16, 2018.
                                                  As described above, the Framework                       arguments concerning the foregoing,
                                               would provide for stress-testing                                                                                   V. Accelerated Approval of Proposed
                                                                                                          including whether these filings, as
                                               governance and model validation. To                                                                                Rule Changes
                                                                                                          modified by Amendments No. 2, are
                                               the extent the stress-testing                              consistent with the Act. Comments may                      The Commission finds good cause,
                                               methodology indicates a potential                          be submitted by any of the following                    pursuant to Section 19(b)(2) of the
                                               impact to a Clearing Agency’s Cover                        methods:                                                Exchange Act,74 to approve the
                                               One Requirement, the Framework                                                                                     Proposed Rule Changes prior to the 30th
                                               would describe the threshold                               Electronic Comments                                     day after the date of publication of
                                               parameters that would results in the                         • Use the Commission’s internet                       Amendments No. 2 in the Federal
                                               Clearing Agency escalating internally                      comment form (http://www.sec.gov/                       Register. As discussed above,
                                               and analyzing to determine if (i) there                    rules/sro.shtml); or                                    Amendments No. 2 make clear which
                                               is a need to adjust the stress-testing                       • Send an email to rule-comments@                     specific historical scenarios, at a
                                               methodology, or (ii) the threshold                         sec.gov. Please include File Number SR–                 minimum, the Clearing Agencies would
                                               breach indicates an issue with a                           DTC–2017–005, SR–FICC–2017–009, or                      use for stress testing.
                                               particular member. Additionally, the                       SR–NSCC–2017–006 on the subject line.                      By listing the specific historic
                                               model validation description in the                                                                                scenarios, Amendments No. 2 provides
                                                                                                          Paper Comments                                          for a more clear and comprehensive
                                               Framework would state that the results
                                               of the stress-testing methodologies are                       • Send paper comments in triplicate                  Framework, which could help improve
                                               reviewed monthly by the DTCC                               to Secretary, Securities and Exchange                   the Clearing Agencies’ ability to
                                               Enterprise Stress Testing Council. The                     Commission, 100 F Street NE,                            determine and evaluate the credit risk
                                               Framework also would state that the                        Washington, DC 20549.                                   presented by Clearing Agencies’
                                               DTCC Enterprise Stress Testing Council                     All submissions should refer to File                    members. That improved ability could
                                               would consider the results in evaluating                   Number SR–DTC–2017–005, SR–FICC–                        better enable the Clearing Agencies to
                                               the adequacy of the stress-testing                         2017–009, or SR–NSCC–2017–006. This                     deploy their risk-management tools
                                               methodologies and would determine if                       file number should be included on the                   more effectively to manage the credit
                                               adjustments to the stress-testing                          subject line if email is used. To help the              and market presented by such members
                                               methodologies are appropriate to                           Commission process and review your                      and, thus, help mitigate the risk that the
                                               support the Clearing Agencies’                             comments more efficiently, please use                   Clearing Agencies and their non-
                                               compliance with the minimum financial                      only one method. The Commission will                    defaulting members would suffer a loss
                                               resources requirements set forth in Rule                   post all comments on the Commission’s                   from a member default.
                                               17Ad–22(e)(4)(i) through (iii) under the                   internet website (http://www.sec.gov/                      Therefore, the Commission finds that
                                               Act.                                                       rules/sro.shtml). Copies of the                         Amendments No. 2 are designed to help
                                                  The Framework also would state that                     submission, all subsequent                              assure the safeguarding of securities and
                                               daily stress testing results are                           amendments, all written statements                      funds which are in the custody or
                                               summarized and reported monthly to                         with respect to the proposed rule                       control of the Clearing Agencies or for
                                               the DTCC Risk Management Committee.                        change that are filed with the                          which they are responsible, consistent
                                               Based on its review of the information                     Commission, and all written                             with Section 17A(b)(3)(F) of the Act.75
ethrower on DSK3G9T082PROD with NOTICES




                                               provided, the committee may determine                      communications relating to the                          Accordingly, the Commission finds
                                               to inform or further escalate any                          proposed rule change between the                        good cause for approving the proposed
                                               concerns to the Risk Committees of the                     Commission and any person, other than                   rule changes, as modified by
                                               Boards, as it deems necessary.                                                                                     Amendments No. 2, on an accelerated
                                                                                                            71 Id.
                                                 69 Id.                                                     72 17    CFR 240.17Ad–22(e)(4)(vii).                    74 15   U.S.C. 78s(b)(2).
                                                 70 17    CFR 240.17Ad–22(e)(4)(vi)(D).                     73 Id.                                                  75 15   U.S.C. 78q–1(b)(3)(F).



                                          VerDate Sep<11>2014      20:21 Dec 22, 2017   Jkt 244001   PO 00000   Frm 00139     Fmt 4703   Sfmt 4703   E:\FR\FM\26DEN1.SGM     26DEN1


                                                                          Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices                                                      61087

                                               basis, pursuant to Section 19(b)(2) of the              SECURITIES AND EXCHANGE                                 expire on December 31, 2017, until June
                                               Exchange Act.76                                         COMMISSION                                              30, 2018.3 The Penny Pilot Program
                                                                                                                                                               permits certain classes to be quoted in
                                               VI. Conclusion                                          [Release No. 34–82353; File No. SR–BOX–
                                                                                                                                                               penny increments. The minimum price
                                                                                                       2017–37]
                                                 On the basis of the foregoing, the                                                                            variation for all classes included in the
                                               Commission finds that the Proposed                      Self-Regulatory Organizations; BOX                      Penny Pilot Program, except for
                                               Rule Changes are consistent with the                    Options Exchange LLC; Notice of                         PowerShares QQQ Trust (‘‘QQQQ’’)®,
                                                                                                       Filing and Immediate Effectiveness of                   SPDR S&P 500 Exchange Traded Funds
                                               requirements of the Act, in particular
                                                                                                       a Proposed Rule Change To Amend                         (‘‘SPY’’), and iShares Russell 2000 Index
                                               the requirements of Section 17A of the
                                                                                                       Rule 7260 by Extending the Penny                        Funds (‘‘IWM’’), will continue to be
                                               Act 77 and the rules and regulations
                                                                                                       Pilot Program Through June 30, 2018                     $0.01 for all quotations in options series
                                               promulgated thereunder.                                                                                         that are quoted at less than $3 per
                                                 It is therefore ordered, pursuant to                  December 19, 2017.                                      contract and $0.05 for all quotations in
                                               Section 19(b)(2) of the Act, that                          Pursuant to Section 19(b)(1) of the                  options series that are quoted at $3 per
                                               proposed rule changes SR–DTC–2017–                      Securities Exchange Act of 1934                         contract or greater. QQQQ, SPY, and
                                               005, SR–FICC–2017–009, and SR–                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 IWM will continue to be quoted in $0.01
                                               NSCC–2017–006, as modified by                           notice is hereby given that on December                 increments for all options series.
                                               Amendments Nos. 1 and 2, be, and                        13, 2017, BOX Options Exchange LLC                         The Exchange may replace, on a semi-
                                                                                                       (the ‘‘Exchange’’) filed with the                       annual basis, any Pilot Program classes
                                               hereby are, APPROVED on an
                                                                                                       Securities and Exchange Commission
                                               accelerated basis.78                                                                                            that have been delisted on the second
                                                                                                       (‘‘Commission’’) the proposed rule
                                                 For the Commission, by the Division of
                                                                                                                                                               trading day following January 1, 2018.
                                                                                                       change as described in Items I and II
                                               Trading and Markets, pursuant to delegated
                                                                                                                                                               The Exchange notes that the
                                                                                                       below, which Items have been prepared
                                               authority.79                                                                                                    replacement classes will be selected
                                                                                                       by the self-regulatory organization. The
                                                                                                                                                               based on trading activity for the six
                                               Eduardo A. Aleman,                                      Commission is publishing this notice to
                                                                                                                                                               month period beginning June 1, 2017
                                               Assistant Secretary.                                    solicit comments on the proposed rule
                                                                                                                                                               and ending November 30, 2017 for the
                                               [FR Doc. 2017–27705 Filed 12–22–17; 8:45 am]
                                                                                                       from interested persons.
                                                                                                                                                               January 2018 replacements. The
                                               BILLING CODE 8011–01–P                                  I. Self-Regulatory Organization’s                       Exchange will employ the same
                                                                                                       Statement of the Terms of Substance of                  parameters to prospective replacement
                                                                                                       the Proposed Rule Change                                classes as approved and applicable
                                               SECURITIES AND EXCHANGE                                    The Exchange proposes to amend                       under the Pilot Program, including
                                               COMMISSION                                              Rule 7260 by extending the Penny Pilot                  excluding high-priced underlying
                                                                                                       Program through June 30, 2018. The text                 securities. The Exchange will distribute
                                               Sunshine Act Meetings                                   of the proposed rule change is available                a Regulatory Circular notifying
                                                                                                       from the principal office of the                        Participants which replacement classes
                                               FEDERAL REGISTER CITATION OF PREVIOUS                   Exchange, at the Commission’s Public                    shall be included in the Penny Pilot
                                               ANNOUNCEMENT: 82 FR 60252, December                     Reference Room and also on the                          Program.
                                               19, 2017.                                               Exchange’s internet website at http://                     BOX is specifically authorized to act
                                               PREVIOUSLY ANNOUNCED TIME AND DATE OF
                                                                                                       boxoptions.com.                                         jointly with the other options exchanges
                                                                                                                                                               participating in the Pilot Program in
                                               THE MEETING: Thursday, December 21,                     II. Self-Regulatory Organization’s
                                                                                                                                                               identifying any replacement class.
                                               2017.                                                   Statement of the Purpose of, and
                                                                                                       Statutory Basis for, the Proposed Rule                  2. Statutory Basis
                                               CHANGES IN THE MEETING:  The following                  Change
                                               matter will also be considered during                                                                             The Exchange believes that the
                                               the 2 p.m. Closed Meeting scheduled for                    In its filing with the Commission, the               proposal is consistent with the
                                               Thursday, December 21, 2017: Litigation                 self-regulatory organization included
                                               matter.                                                 statements concerning the purpose of,                      3 The Penny Pilot Program has been in effect on
                                                                                                       and basis for, the proposed rule change                 the Exchange since its inception in May 2012. See
                                               CONTACT PERSON FOR MORE INFORMATION:                    and discussed any comments it received                  Securities Exchange Act Release Nos. 66871 (April
                                               For further information and to ascertain                on the proposed rule change. The text                   27, 2012), 77 FR 26323 (May 3, 2012) (File No. 10–
                                                                                                                                                               206, In the Matter of the Application of BOX
                                               what, if any, matters have been added,                  of these statements may be examined at                  Options Exchange LLC for Registration as a
                                               deleted or postponed, please contact the                the places specified in Item IV below.                  National Securities Exchange Findings, Opinion,
                                               Office of the Secretary at (202) 551–                   The self-regulatory organization has                    and Order of the Commission), 67328 (June 29,
                                                                                                       prepared summaries, set forth in                        2012), 77 FR 40123 (July 6, 2012) (SR–BOX–2012–
                                               5400.                                                                                                           007), 68425 (December 13, 2012), 77 FR 75234
                                                                                                       Sections A, B, and C below, of the most                 (December 19, 2013) (SR–BOX–2012–021), 69789
                                                 Dated: December 20, 2017.
                                                                                                       significant aspects of such statements.                 (June 18, 2013), 78 FR 37854 (June 24, 2013) (SR–
                                               Brent J. Fields,                                                                                                BOX–2013–31), 71056 (December 12, 2013), 78 FR
                                               Secretary.                                              A. Self-Regulatory Organization’s                       76691 (December 18, 2013) (SR–BOX–2013–56),
                                                                                                       Statement of the Purpose of, and                        72348 (June 9, 2014), 79 FR 33976 (June 13, 2014)
                                               [FR Doc. 2017–27833 Filed 12–21–17; 11:15 am]
                                                                                                       Statutory Basis for, the Proposed Rule                  (SR–BOX–2014–17), 73822 (December 11, 2014), 79
                                               BILLING CODE 8011–01–P                                                                                          FR 75606 (December 18, 2014) (SR–BOX–2014–29),
                                                                                                       Change                                                  75295 (June 25, 2015), 80 FR 37690 (July 1, 2015)
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                       1. Purpose                                              (SR–BOX–2015–23), 78172 (June 28, 2016), 81 FR
                                                 76 Id.                                                                                                        43325 (July 1, 2016) (SR–BOX–2016–24), 79429
                                                 77 15  U.S.C. 78q–1.                                     The Exchange proposes to extend the                  (November 30, 2016), 81 FR 87991 (December 6,
                                                 78 In                                                 effective time period of the Penny Pilot                2016) (SR–BOX–2016–55) and 80828 (May 31,
                                                       approving the Proposed Rule Changes, the
                                                                                                                                                               2017), 82 FR 26175 (June 6, 2017) (SR–BOX–2017–
                                               Commission considered the proposals’ impact on          Program that is currently scheduled to                  18). The extension of the effective date and the
                                               efficiency, competition, and capital formation. 15                                                              revision of the date to replace issues that have been
                                               U.S.C. 78c(f).                                            1 15   U.S.C. 78s(b)(1).                              delisted are the only changes to the Penny Pilot
                                                  79 17 CFR 200.30–3(a)(12).                             2 17   CFR 240.19b–4.                                 Program being proposed at this time.



                                          VerDate Sep<11>2014   20:21 Dec 22, 2017   Jkt 244001   PO 00000   Frm 00140     Fmt 4703   Sfmt 4703   E:\FR\FM\26DEN1.SGM   26DEN1



Document Created: 2017-12-23 03:07:58
Document Modified: 2017-12-23 03:07:58
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 61082 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR