82 FR 8455 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Proposed Rule Change Concerning The Options Clearing Corporation's Margin Coverage During Times of Increased Volatility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 15 (January 25, 2017)

Page Range		8455-8459
FR Document		2017-01605
Federal Register, Volume 82 Issue 15 (Wednesday, January 25, 2017)
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8455-8459]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01605]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79818; File No. SR-OCC-2017-001]


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

January 18, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on January 4, 2017, The Options Clearing Corporation (``OCC'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II and III below, which 
Items have been prepared by OCC. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

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

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

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

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

1. Purpose
    OCC's margin methodology, the System for Theoretical Analysis and 
Numerical Simulations (``STANS''), is OCC's proprietary risk management 
system that calculates Clearing Members' \3\ margin requirements.\4\ 
STANS utilizes large-scale Monte Carlo simulations to forecast price 
movement and correlations in determining a Clearing Member's margin 
requirement.\5\ The STANS margin requirement is a portfolio calculation 
at the level of Clearing Member legal entity marginable net positions 
tier account (tiers can be customer, firm, or market marker) and 
consists of an estimate of 99% 2-day expected shortfall and an add-on 
for model risk (the concentration/dependence stress test charge).
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    \3\ See OCC By-Laws Article 1(C)(14).
    \4\ See Securities Exchange Act Release No. 53322 (February 15, 
2006), 71 FR 9403 (February 23, 2006) (SR-OCC-2004-20). A detailed 
description of the STANS methodology is available at http://optionsclearing.com/risk-management/margins/.
    \5\ See OCC Rule 601.
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    The majority of risk factors utilized in the STANS methodology are 
total returns on individual equity securities. Other risk factors 
considered include: returns on equity indices; changes in the 
calibrated coefficients of a model describing the yield curve for U.S. 
government securities; ``returns'' on the nearest-to-expiration futures 
contracts of various kinds; and changes in foreign exchange rates. For 
the volatility of each risk factor, the Monte Carlo simulations use the 
greater of: (i) The short-term volatility level predicted by the model; 
and (ii) an estimate of its longer-run level. In between the monthly 
re-estimations of all the models, volatilities are automatically re-
scaled to the greater of the short-term or the longer-run levels

[[Page 8456]]

to mitigate pro-cyclicality \6\ in the margin levels. (This daily 
volatility measure is called the ``uniform scale factor.'') The uniform 
scale factor is a multiplier used in connection with STANS calculations 
to account for, among other things, the difference between short-term 
and long-term volatility forecasts for equities. It is specifically 
defined as the ratio of long-run volatility (10Y+) over short-run 
volatility (2Y). It is used to ``scale up'' the short-run volatility of 
the securities (e.g., IBM) that are subject to monthly update, in order 
to estimate long-run volatility. It is also used to capture data gaps 
between monthly updates.
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    \6\ A quality that is positively correlated with the overall 
state of the economy is deemed to be pro-cyclical.
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    An approach employed by OCC to mitigate pro-cyclicality within 
STANS is to estimate market volatility based on current market 
conditions (``current market estimate'') and compare this current 
market estimate to a long-run estimate of market volatility (``long-run 
market estimate''). This comparison utilizes certain market benchmarks 
(or factors), which serve as proxies for the overall volatility of an 
asset class or group of products. If the long-run market estimate for a 
factor is found to be greater than the current market estimate, the 
volatility estimates for all products tied to that factor are adjusted 
(or scaled) up in a manner proportionate to the relationship between 
the current market volatility and the long-run market volatility for 
that factor.
    Current STANS includes a single factor (``uniform scale factor''), 
which serves as the proxy for the equity asset class. This uniform 
scale factor is calibrated based on changes in the volatility of the 
Standard & Poor's 500[supreg] Index (``SPX'') and applied to all 
``equity-based products'' in the manner described above. Currently, the 
uniform scale factor is the only scale factor used in STANS. The 
proposed change is intended to enhance the STANS margin calculations by 
providing for the capability to increase the number of scale factors 
used within STANS in cases where a more appropriate proxy has been 
identified for a particular asset class or group of products to measure 
the relationship between current vs. long-run market volatility.

Summary of the Proposed Changes

    OCC proposes a number of enhancements to its STANS margin 
methodology that are designed to more accurately compute Clearing 
Member margin requirements to reflect the risk of Clearing Member 
portfolios. Specifically, OCC proposes to: (1) Adjust the longer-run 
volatility forecast used in OCC's computation of the uniform scale 
factor so that it would rely only on post-1957 price information (i.e., 
price information since the introduction of the SPX) in order to more 
accurately account for the behavior of SPX returns only since the 
inception of the index; (2) expand the number of scale factors used for 
equity-based products to more accurately measure the relationship 
between current and long-run market volatility with proxies that 
correlate more closely to certain products carried within the equity 
asset class; (3) apply relevant scale factors to the greater of (i) the 
estimated variance of 1-day return scenarios or (ii) the historical 
variance of the daily return scenarios of a particular instrument, as a 
floor to mitigate procyclicality; and (4) implement processing changes 
that would update the statistical models for common factors related to 
Treasury securities on a daily basis. The proposed changes are 
discussed in more detail below.
    OCC believes that the current approach to scale factors in STANS 
would be improved by providing the functionality to establish multiple 
scale factors intended to more accurately measure the relationship 
between current and long-run market volatility with proxies that 
correlate more closely to groups of products within an asset class 
(e.g., Russell 1000 Index and Russell 1000 ETFs), which would enhance 
the accuracy of the margin requirements in STANS.\7\ By incorporating 
this process to scale margin coverages when current market volatility 
exceeds historically heightened levels that have been established to 
mitigate pro-cyclicality, OCC's margin methodology is able to 
expeditiously respond to severe changes in market volatility and thus 
better protect the integrity of our financial markets.
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    \7\ In this case, accuracy is measured against backtesting 
results. Pursuant to OCC's Model Risk Management Policy, an accurate 
99% value-at-risk model should expect exceedances at a rate of 1% 
per independent trial. If the exceedance rate is too high, the model 
is missing key risks; if the exceedance rate is too low, the model 
is not consistent with the organization's risk appetite. To the 
extent that the conditional variances of not all relevant risk 
factors move in lock-step to the conditional variance of SPX, 
multiple scale factors offers the opportunity to be more accurate.
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Scale Factor for Equity-Based Products

Current Uniform Scale Factor for Equity-Based Products
    The uniform scale factor for the SPX roughly represents the ratio 
of OCC's estimates of the long-run market volatility to the forecast 
market volatility determined by most recent 24-month daily historical 
returns.\8\ To determine the estimate of current market volatility, OCC 
relies on daily pricing information for equity securities and exchange-
traded funds over a twenty-four month period ending with the last day 
of the immediately preceding month. To populate this twenty-four month 
time series, OCC relies on external vendors, with which it maintains 
redundant relationships for resiliency,\9\ to adjust the daily pricing 
information to account for corporate actions involving these 
securities. This daily pricing information is received from its 
vendor(s) after the close of each month, at which time OCC updates its 
twenty-four month time series adding the new month and dropping the 
last month of data. This process of updating the time series on a 
monthly basis is referred to as a ``pending'' time series due to the 
batch process used to update the time series. The long-run time series 
used by the uniform scale factor is updated on a daily basis (i.e., 
non-pending update) with pricing information for the SPX dating back to 
January 1, 1946. OCC calculates the uniform scale factor each business 
day by comparing the current market volatility, using pending price 
updates to the long-run time series using non-pending, or current, 
market prices.
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    \8\ The uniform scale factor has been a part of STANS since it 
was installed in 2006. See Securities Exchange Act Release No. 53322 
(February 15, 2006), 71 FR 9403 (February 23, 2006) (SR-OCC-2004-
20).
    \9\ Specifically, OCC maintains both a primary and backup data 
center that receive live price feeds from multiple price vendors. In 
the event of service disruption OCC is able to transition to an 
alternate data center and/or pricing vendor, as applicable.
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    The uniform scale factor is applied to all equity products and is 
used to adjust individual equity current market volatility estimates on 
a daily basis based on the comparison of the current market volatility 
and the long-run volatility estimate, which is updated daily. Should it 
be observed that the current market volatility is less than the long-
run volatility, all products tied to the uniform scale factor will be 
adjusted higher based on the ratio of the long-run volatility estimate 
to the current market volatility estimate to account for the observed 
change in volatility. In addition, the uniform scale factor is also 
used to account for the fact that the distribution of returns for the 
SPX has a ``fat tail'' \10\ because the scale factor

[[Page 8457]]

seeks to match estimates of expected margin shortfalls under the 
scenarios in STANS for a hypothetical long position in the SPX.
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    \10\ A fat-tailed distribution is a probability distribution 
that exhibits large skewness or kurtosis. Compared with a standard 
normal distribution or bell curve, it has a higher probability of 
occurrence of extreme events.
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    The uniform scale factor resulting from the calculations described 
above is applied as a multiplier to hypothetical returns on a long 
portfolio of equities produced during the Monte Carlo market scenarios 
run within STANS. By ``scaling up'' hypothetical returns in this way, 
the uniform scale factor relies on an assumption that more recent 
behavior of SPX returns will provide an appropriate proxy for the 
volatility in equity price returns that occur between monthly updates 
of price data for the pending short-run time series. Accordingly, the 
uniform scale factor helps OCC set margin requirements that account for 
this proxy to ensure that Clearing Members maintain margin assets that 
would be sufficient in light of historical volatility of the SPX.
Proposed Changes to the Uniform Scale Factor for Equity-Based Products
    The average longer-run volatility forecast used in OCC's 
computation of the uniform scale factor currently relies on daily 
pricing information for component securities of the SPX dating back to 
January of 1946. This time series predates, however, the 1957 
introduction of the SPX. To accurately account for the behavior of SPX 
returns only since the inception of the index, OCC proposes to adjust 
the longer-run volatility forecast so that it would rely only on the 
post-1957 information. OCC believes that this approach would reduce 
model risk \11\ and improve the quality of the data by avoiding the 
need to make assumptions related to the composition of the index before 
its actual development.\12\
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    \11\ OCC defines ``model risk'' as the potential for adverse 
consequences of incorrect or misused model outputs and reports.
    \12\ As defined in OCC's Model Risk Management Policy, Model 
Risk, in the sense of material exposure to the consequences of poor 
assumptions, is reduced by making models adhere accurately to 
observed phenomena. In this case, by reducing the role of the 
uniform scale factor as a proxy between monthly updates of 
univariate models for risk factors and by allowing certain risk 
factors to bypass the monthly update process, as described below, 
OCC believes that this proposed change would reduce model risk.
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Proposed New Scale Factors for Equity-Based Products
    To more accurately measure the relationship between current and 
long-run market volatility with proxies that correlate more closely to 
certain products carried within the equity asset class, OCC proposes to 
expand the number of scale factors to include: (1) Russell 2000[supreg] 
Index (12/29/1978); (2) Dow Jones Industrial Average Index (9/23/1997); 
(3) NASDAQ-100 Index (2/4/1985) and (4) S&P 100 Index (1/2/1976).\13\ 
While the SPX scale factor will continue to serve as the default scale 
factor for most equity products, the index options, futures and ETFs 
which map to these indexes will be assigned to these scale factors and 
whose current volatility estimates will be adjusted based on the 
aforementioned methodology.
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    \13\ The dates in parentheticals are the dates from which OCC 
has historical data on the specified index.
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    Consistent with OCC's existing Margin Policy,\14\ OCC will evaluate 
the performance and use of these scale factors and determine if changes 
to the mapping of products to scale factors or the addition of new 
scale factors are warranted. Prior to any changes being implemented OCC 
would present its findings to the Enterprise Risk Management Committee 
and obtain approval to make the recommended enhancements.
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    \14\ OCC's Margin Policy describes OCC's approach to prudently 
managing market and credit exposures presented by its Clearing 
Members.
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Proposed Anti-Procyclical Measure for Equity-Based Scale Factors
    In order to mitigate against pro-cyclicality, OCC intends to apply 
the relevant scale factor to the greater of (i) the estimated variance 
of the 1-day return scenarios or (ii) the historical variance of the 
daily return scenarios of a particular instrument, as a floor. OCC 
believes this floor would mitigate pro-cyclicality in the relevant 
return scenarios because it would result in a higher estimate of 
volatility during periods of relatively lower market volatility than if 
only the estimated variance in (i) above was used.

Proposed Daily Statistical Updates for the Treasury Yield Curve Model

    In addition to implementing the scale factors described above, OCC 
is also proposing to implement processing changes that would update the 
statistical models for common factors related to Treasury securities on 
a daily basis. These model changes would allow OCC to monitor and 
respond to material changes in the volatility of Treasury securities 
while also mitigating pro-cyclicality without implementing a scale 
factor specific to Treasury securities. OCC believes that updating its 
Treasury securities models on a daily basis is a more appropriate way 
to monitor and respond to material changes in the volatility of 
Treasury securities while also mitigating pro-cyclicality since the 
Treasury yield curve model is relatively less complex, with only three 
factors, and the structure of the Treasuries securities model does not 
lend itself to a returns-based scale factor (as is used with equity and 
volatility derivatives, as described above).
    Specifically, OCC is proposing to enhance its existing yield curve 
model that OCC uses to project U.S. Treasury security returns, which is 
updated monthly. The model contains underlying data set and time series 
information for Treasury securities, which run from February 4, 2008 
(based on available historical data) and, after implementing the 
proposed enhancements, the model would be updated on a daily basis as 
new data and time series information becomes available. The proposed 
enhancements would promote a more accurate approach to margining within 
STANS, as it relates to Treasury securities, particularly when markets 
are volatile because the daily statistical updates would prevent the 
model from becoming stale between monthly updates.

Impact Analysis and Outreach

    Based on simulation testing for the period from January 14, 2015, 
to March 6, 2015, risk margins (i.e., expected shortfall plus the 
concentration/dependence add-on) would have been approximately 5.2% 
higher in aggregate as a consequence of these changes. This is mostly 
due to higher coverage for the Russell 2000 Index and index ETF 
products under the new methodology.
    In order to inform Clearing Members of the proposed change, OCC 
provided a general update at a recent OCC Roundtable \15\ meeting and 
would continue to provide updates at Roundtable meetings on a quarterly 
basis going forward. In addition, OCC would publish an Information 
Memorandum to all Clearing Members describing the proposed change and 
will provide additional periodic Information Memoranda updates prior to 
the implementation date. OCC would also provide at least thirty days 
prior notice to Clearing Members before implementing the change. 
Additionally, OCC would perform targeted and direct outreach with 
Clearing Members that

[[Page 8458]]

would be most impacted by the proposed change and OCC would work 
closely with such Clearing Members to coordinate the implementation and 
associated funding for such Clearing Members resulting from the 
proposed change.\16\ Finally, OCC would discuss the proposed change 
with its cross-margin clearing house partners to ensure they are aware 
of the proposed change.\17\
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    \15\ The OCC Roundtable was established to bring Clearing 
Members, exchanges and OCC together to discuss industry and 
operational issues. It is comprised of representatives of the senior 
OCC staff, participant exchanges and Clearing Members, representing 
the diversity of OCC's membership in industry segments, OCC-cleared 
volume, business type, operational structure and geography.
    \16\ Specifically, OCC will discuss with those Clearing Members 
how they plan to satisfy any increase in their margin requirements 
associated with the proposed change.
    \17\ Cross-margin accounts are not uniquely affected by the 
proposed change and would be affected by the proposed change in the 
same manner as any other type of OCC account.
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2. Statutory Basis
    OCC believes that the proposed rule change is consistent with 
Section 17A(b)(3)(F) of the Act \18\ because it would assure the 
safeguarding of securities and funds in the custody and control of OCC 
by enhancing the current approach for monitoring market conditions and 
performing adjustments to OCC's margin coverage on equity and Treasury-
based products for which OCC provides clearance and settlement services 
when current volatility increase beyond historically observed levels. 
OCC uses the margin it collects from a defaulting Clearing Member to 
protect other Clearing Members from loss as a result of the defaulting 
Clearing Member. By more accurately computing Clearing Member margin 
requirements OCC can assure the safeguarding of securities and funds in 
its custody and control.
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    \18\ 15 U.S.C. 78q-1(b)(3)(F).
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    The proposed model changes described above would enhance the manner 
in which OCC computes margin requirements for Clearing Members. 
Specifically, the proposed changes to the uniform scale factor for 
equity-based products to rely only on post-1957 information would 
reduce model risk and improve the quality of data by avoiding 
unnecessary assumptions related to the composition of the SPX before 
its inception. The proposed four new scale factors for equity-based 
products would more accurately measure the relationship between current 
and long-run market volatility with proxies that are correlated more 
closely to certain products within the equity asset class. The proposed 
daily statistical updates for the Treasury yield curve model would 
allow OCC to monitor and respond to material changes in the volatility 
of Treasury securities while also mitigating pro-cyclicality. Taken 
together, the changes to the uniform scale factor, the addition of new 
equity-based scale factors, and the introduction of daily statistical 
updates for the Treasury yield curve model would cause STANS to more 
accurately compute Clearing Member margin requirements to reflect the 
risk of Clearing Member portfolios thereby reducing the risk that 
Clearing Member margin assets would be insufficient should OCC need to 
use such assets to close-out the positions of a defaulted Clearing 
Member. Further, the proposed rule change would make it less likely 
that the default of a Clearing Member would stress the financial 
resources available to OCC, which include mutualized resource funds 
deposited by non-defaulting Clearing Members as Clearing Fund.
    OCC believes that the proposed rule change is also consistent with 
Rule 17Ad-22(b)(2) \19\ because it would limit OCC's credit exposures 
to its participants under normal market conditions and use risk-based 
models and parameters to set OCC's margin requirements. As described 
above, the risk-based model and parameter changes to the uniform scale 
factor, the addition of new equity-based scale factors, and the 
introduction of daily statistical updates for the Treasury yield curve 
model cause STANS to more accurately compute Clearing Member margin 
requirements. By more accurately computing Clearing Member margin 
requirements, OCC reduces its credit exposure to its Clearing Members.
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    \19\ 17 CFR 240.17Ad-22(b)(2).
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    The proposed rule changes are not inconsistent with the existing 
rules of OCC, including any other rules proposed to be amended.

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

    OCC does not believe that the proposed rule change would impact or 
impose any burden on competition.\20\ The proposed rule change would 
allow OCC to adjust Clearing Member margin requirements when current 
volatility increases beyond historical levels. While as a result of the 
proposed rule change Clearing Members may experience daily margin 
fluctuations of up to ten percent, such fluctuations are equal in 
amount to fluctuations Clearing Members typically experience as a 
result of changes in market price, volatility or interest rates. 
Therefore, OCC believes that the proposed rule change would not 
unfairly inhibit access to OCC's services or disadvantage or favor any 
particular user in relationship to another user. In addition, the 
proposed rule change would be applied uniformly to all Clearing Members 
in establishing their margin requirements.
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    \20\ 15 U.S.C. 78q-1(b)(3)(I).
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    For the foregoing reasons, OCC believes that the proposed rule 
change is in the public interest, would be consistent with the 
requirements of the Act applicable to clearing agencies, and would not 
impact or impose a burden on competition.

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

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-OCC-2017-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2017-001. 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

[[Page 8459]]

Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the 
submission, all subsequent amendments, all written statements with 
respect to the proposed rule change that are filed with the Commission, 
and all written communications relating to the proposed rule change 
between the Commission and any person, other than those that may be 
withheld from the public in accordance with the provisions of 5 U.S.C. 
552, will be available for Web site viewing and printing in the 
Commission's Public Reference Room, 100 F Street NE., Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of such filing also will be available for inspection 
and copying at the principal office of OCC and on OCC's Web site at 
http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_17_001.pdf.
    All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly.
    All submissions should refer to File Number SR-OCC-2017-001 and 
should be submitted on or before February 15, 2017.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated Authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01605 Filed 1-24-17; 8:45 am]
BILLING CODE 8011-01-P
Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 8455

has determined that it would be symbols to the INET platform, which II. Clearing Agency’s Statement of the
beneficial to customers and to the shall be no later than September 15, Purpose of, and Statutory Basis for, the
options market as a whole to approve on 2017.35 Proposed Rule Change
a permanent basis the provisions Thus, the Commission has
concerning early conclusion of the PIM. determined to approve the Exchange’s In its filing with the Commission,
The Commission notes that there have proposed revisions to ISE Mercury Rule OCC included statements concerning
been few instances of early termination 723(b) and Supplementary Material .03 the purpose of and basis for the
of the PIM. and .05 to ISE Mercury Rule 723, and proposed rule change and discussed any
The Commission believes that, to approve the Pilot, as proposed to be comments it received on the proposed
particularly for Auctions for fewer than modified, on a permanent basis. rule change. The text of these statements
50 contracts when the bid/ask may be examined at the places specified
differential is wider than $0.01, the data IV. Conclusion
in Item IV below. OCC has prepared
provided by the Exchange support its It is therefore ordered, pursuant to summaries, set forth in sections (A), (B),
proposal to make the Pilot permanent. Section 19(b)(2) of the Act,36 that the and (C) below, of the most significant
The data demonstrate that the Auction proposed rule change (SR–ISEMercury– aspects of these statements.
generally provides price improvement 2016–25), be and hereby is approved.
opportunities to orders, including (A) Clearing Agency’s Statement of the
For the Commission, by the Division of
orders of retail customers and Trading and Markets, pursuant to delegated
Purpose of, and Statutory Basis for, the
particularly when the bid/ask authority.37 Proposed Rule Change
differential is wider than $0.01; that Eduardo A. Aleman,
there is meaningful competition for 1. Purpose
Assistant Secretary.
orders on the Exchange; and that there OCC’s margin methodology, the
[FR Doc. 2017–01619 Filed 1–24–17; 8:45 am]
exists an active and liquid market System for Theoretical Analysis and
functioning on the Exchange outside of BILLING CODE 8011–01–P
Numerical Simulations (‘‘STANS’’), is
the Auction.33 The Commission further OCC’s proprietary risk management
believes that the proposed revisions to system that calculates Clearing
the eligibility requirements for orders of SECURITIES AND EXCHANGE
COMMISSION Members’ 3 margin requirements.4
fewer than 50 contracts with respect to
STANS utilizes large-scale Monte Carlo
circumstances when the NBBO is no
[Release No. 34–79818; File No. SR–OCC– simulations to forecast price movement
more than $0.01 wide should help to
2017–001] and correlations in determining a
enhance the operation of the Auction by
providing meaningful opportunities for Clearing Member’s margin
Self-Regulatory Organizations; The requirement.5 The STANS margin
price improvement in such Options Clearing Corporation; Notice
circumstances, and should benefit requirement is a portfolio calculation at
of Filing of Proposed Rule Change the level of Clearing Member legal entity
investors and others in a manner that is Concerning The Options Clearing
consistent with the Act. marginable net positions tier account
Corporation’s Margin Coverage During (tiers can be customer, firm, or market
The Commission further notes that, as Times of Increased Volatility
discussed more fully above, ISE marker) and consists of an estimate of
Mercury is initially proposing to January 18, 2017. 99% 2-day expected shortfall and an
implement is price improvement Pursuant to Section 19(b)(1) of the add-on for model risk (the
requirement for Agency Orders of fewer Securities Exchange Act of 1934 concentration/dependence stress test
than 50 option contracts where the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 charge).
difference in the NBBO is $0.01 with a notice is hereby given that on January 4, The majority of risk factors utilized in
member conduct standard.34 As 2017, The Options Clearing Corporation the STANS methodology are total
described in greater detail above, ISE (‘‘OCC’’) filed with the Securities and returns on individual equity securities.
Mercury proposes to enforce this Exchange Commission (‘‘Commission’’) Other risk factors considered include:
requirement under ISE Rule 1614(d)(4). the proposed rule change as described returns on equity indices; changes in the
The Commission believes that ISE in Items I, II and III below, which Items calibrated coefficients of a model
Mercury’s proposed member conduct have been prepared by OCC. The describing the yield curve for U.S.
standard and ISE Rule 1614(d)(4) are Commission is publishing this notice to government securities; ‘‘returns’’ on the
reasonable means to implement the solicit comments on the proposed rule nearest-to-expiration futures contracts of
price improvement requirement until change from interested persons.
implementation of its proposed systems- various kinds; and changes in foreign
based mechanism for this requirement, I. Clearing Agency’s Statement of the exchange rates. For the volatility of each
which will become effective following Terms of Substance of the Proposed risk factor, the Monte Carlo simulations
the migration of a symbol to INET, the Rule Change use the greater of: (i) The short-term
platform operated by Nasdaq, Inc. that volatility level predicted by the model;
This proposed rule change by OCC
will also operate the PIM. The and (ii) an estimate of its longer-run
would modify the current process for
Commission further notes that the level. In between the monthly re-
systematically monitoring market
Exchange has represented that its conditions and performing adjustments estimations of all the models, volatilities
proposed member conduct standard will to its margin coverage when current are automatically re-scaled to the greater
of the short-term or the longer-run levels
mstockstill on DSK3G9T082PROD with NOTICES

be effective until the migration of all market volatility increases beyond
historically observed levels.
33 See 3 See OCC By-Laws Article 1(C)(14).
Exhibit 3 to SR–ISEMercury–2016–25.
34 The 4 See Securities Exchange Act Release No. 53322
Exchange stated that it will conduct 35 See Notice, supra note 3, at 91284 & n.7. (February 15, 2006), 71 FR 9403 (February 23, 2006)
electronic surveillance of the PIM to ensure that 36 15 U.S.C. 78s(b)(2).
members comply with the proposed price (SR–OCC–2004–20). A detailed description of the
37 17 CFR 200.30–3(a)(12).
improvement requirements for option orders of STANS methodology is available at http://
1 15 U.S.C. 78s(b)(1). optionsclearing.com/risk-management/margins/.
fewer than 50 contracts. See Notice, supra note 3,
at 91284. 2 17 CFR 240.19b–4. 5 See OCC Rule 601.

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Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 8459

Internet Web site (http://www.sec.gov/ to the provisions of Section 19(b)(1) of Three components of AIM were
rules/sro.shtml). Copies of the the Securities Exchange Act of 1934 approved by the Commission on a pilot
submission, all subsequent (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a basis (the ‘‘Pilot’’): (1) That there is no
amendments, all written statements proposed rule change to make minimum size requirement for orders to
with respect to the proposed rule permanent make permanent those be eligible for the AIM; (2) that the AIM
change that are filed with the aspects of its Automated Improvement will conclude prematurely anytime
Commission, and all written Mechanism (‘‘AIM’’ or ‘‘Auction’’) that there is a quote lock on the Exchange
communications relating to the are currently operating on a pilot basis. pursuant to Rule 6.45A(d); 7 and (3) that
proposed rule change between the The proposed rule change was there is no minimum size requirement
Commission and any person, other than published for comment in the Federal for orders to be eligible for the FLEX
those that may be withheld from the Register on December 13, 2016.3 The AIM.8 In connection with the Pilot, the
public in accordance with the Commission received no comments Exchange has provided certain data to
provisions of 5 U.S.C. 552, will be regarding the proposal. On January 6, the Commission to provide supporting
available for Web site viewing and 2017, the Exchange filed Amendment evidence that, among other things, there
printing in the Commission’s Public No. 1 to the proposed rule change.4 The is meaningful competition for all size
Reference Room, 100 F Street NE., Commission is publishing this notice to orders and that there is an active and
Washington, DC 20549, on official solicit comments on Amendment No. 1 liquid market functioning on the
business days between the hours of from interested persons, and is Exchange outside of the AIM.9 The Pilot
10:00 a.m. and 3:00 p.m. Copies of such approving the proposed rule change, as is currently set to expire on January 18,
filing also will be available for modified by Amendment No. 1, on an 2017.10 The Exchange proposes to make
inspection and copying at the principal accelerated basis. the Pilot permanent.
office of OCC and on OCC’s Web site at
II. Description of the Proposal A. No Minimum Size Requirement Pilot
http://www.theocc.com/components/
docs/legal/rules_and_bylaws/sr_occ_17_ In support of its proposal, and in
AIM exposes certain orders addition to data submitted to the
001.pdf. electronically to an auction process to
All comments received will be posted Commission on a monthly and
provide these orders with the confidential basis since the Pilot’s
without change; the Commission does
opportunity to receive an execution at inception, the Exchange has provided
not edit personal identifying
an improved price.5 In addition, the the Commission with data for AIM
information from submissions. You
AIM auction process for FLEX Options executions from January through June
should submit only information that
(‘‘FLEX AIM’’) exposes certain FLEX 2015 (the ‘‘Report’’).11 The Exchange
you wish to make available publicly.
All submissions should refer to File Options orders electronically to an believes the data provides evidence that
Number SR–OCC–2017–001 and should auction process to provide these orders AIM offers meaningful competition for
be submitted on or before February 15, with the opportunity to receive an all size orders and that there is an active
2017. execution at an improved price.6 The and liquid market functioning on the
AIM and FLEX AIM auctions are Exchange outside of AIM.12 The
For the Commission, by the Division of available only for orders that a Trading
Trading and Markets, pursuant to delegated Exchange further notes that the data
Authority.21
Permit Holder represents as agent provided in the Report demonstrates the
(‘‘Agency Order’’) and for which a price improvement benefits of AIM.13
Eduardo A. Aleman,
second order of the same size as the According to the Exchange, approving
Assistant Secretary.
Agency Order (and on the opposite side the no minimum size pilot on a
[FR Doc. 2017–01605 Filed 1–24–17; 8:45 am] of the market) is also submitted permanent basis will allow AIM to
BILLING CODE 8011–01–P (effectively stopping the Agency Order continue to offer meaningful price
at a given price). improvement and will not have an
SECURITIES AND EXCHANGE adverse effect on the market functioning
COMMISSION
1 15 U.S.C. 78s(b)(1). on the Exchange outside of AIM.14
2 17 CFR 240.19b–4. Specifically, the Report contains eight
3 See Securities Exchange Act Release No. 79499
[Release No. 34–79836; File No. SR–CBOE– categories of non-customer and
2016–084] (December 7, 2016), 81 FR 90012 (‘‘Notice’’).
4 In Amendment No. 1, the Exchange described
customer auction data, as well as three
additional data relating to complex orders categories of summary auction data,
Self-Regulatory Organizations;
submitted through AIM and provided additional during the period from January through
Chicago Board Options Exchange, support for its proposal to approve the aspects of
Incorporated; Notice of Filing of AIM currently operating on a pilot basis as 7 A quote lock occurs when a CBOE Market-
Amendment No. 1, and Order Granting applicable to complex orders. To promote Maker’s quote interacts with the quote of another
Accelerated Approval of a Proposed transparency of its proposed amendment, when CBOE Market-Maker (i.e., when internal quotes
CBOE filed Amendment No. 1 with the lock).
Rule Change, as Modified by Commission, it also submitted Amendment No. 1 as 8 The pilot for the FLEX AIM auction process was
Amendment No. 1, To Amend a comment letter to the file, which the Commission
modeled after the pilot for non-FLEX Options. See
Exchange Rules Related to the posted on its Web site and placed in the public
FLEX AIM Approval Order, supra note 6.
Automated Improvement Mechanism comment file for SR–CBOE–2016–084 (available at 9 See Interpretation and Policy .03 to CBOE Rule
https://www.sec.gov/comments/sr-cboe-2016-084/
cboe2016084-1475098-130456.pdf). The Exchange 6.74A and Interpretation and Policy .03 to CBOE
January 18, 2017. Rule 24B.5A.
also posted a copy of its Amendment No. 1 on its
10 See Securities Exchange Act Release No. 78316
I. Introduction Web site (http://www.cboe.com/aboutcboe/legal/
mstockstill on DSK3G9T082PROD with NOTICES

submittedsecfilings.aspx), when it filed it with the (July 13, 2016) 81 FR 46975 (July 19, 2016) (SR–
On November 29, 2016, Chicago Commission. CBOE–2016–056).
11 See Exhibit 3 to SR–CBOE–2016–084.
Board Options Exchange, Incorporated 5 See CBOE Rule 6.74A. See also Securities
12 See Notice, supra note 3, at 90013–14.
(the ‘‘Exchange’’ or ‘‘CBOE’’) filed with Exchange Release No. 53222 (February 3, 2006), 71
FR 7089 (February 10, 2006) (SR–CBOE–2005–60) 13 See id. The Commission notes that AIM
the Securities and Exchange (‘‘AIM Approval Order’’). currently requires price improvement for Agency
Commission (‘‘Commission’’), pursuant 6 See Securities Exchange Release No. 66702 Orders of fewer than 50 contracts. See CBOE Rule
(March 30, 2012), 77 FR 20675 (April 5, 2012) (SR– 6.74A(a)(3).
21 17 CFR 200.30–3(a)(12). CBOE–2011–123) (‘‘FLEX AIM Approval Order’’). 14 See Notice, supra note 3, at 90014.

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Document Created: 2017-01-25 00:08:42
Document Modified: 2017-01-25 00:08:42
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 8455