82_FR_9637 82 FR 9613 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Advance Notice Concerning The Options Clearing Corporation's Margin Coverage During Times of Increased Volatility

82 FR 9613 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Advance Notice Concerning The Options Clearing Corporation's Margin Coverage During Times of Increased Volatility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 24 (February 7, 2017)

Page Range9613-9617
FR Document2017-02443

Federal Register, Volume 82 Issue 24 (Tuesday, February 7, 2017)
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9613-9617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02443]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79915; File No. SR-OCC-2017-801]


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

February 1, 2016.
    Pursuant to Section 806(e)(1) of Title VIII of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act, entitled the Payment, 
Clearing, and Settlement Supervision Act of 2010 (``Payment, Clearing 
and Settlement Supervision Act'') \1\ and Rule 19b-4(n)(1)(i) under the 
Securities Exchange Act of 1934 (``Act''),\2\ notice is hereby given 
that on January 4, 2017, The Options Clearing Corporation (``OCC'') 
filed with the Securities and Exchange Commission (``Commission'') an 
advance notice described in Items I, II and III below, which Items have 
been prepared by OCC. The Commission is publishing this notice to 
solicit

[[Page 9614]]

comments on the advance notice from interested persons.
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    \1\ 12 U.S.C. 5465(e)(1).
    \2\ 17 CFR 240.19b-4(n)(1)(i).
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I. Clearing Agency's Statement of the Terms of Substance of the Advance 
Notice

    This proposed 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 Advance Notice

    In its filing with the Commission, OCC included statements 
concerning the purpose of and basis for the advance notice and 
discussed any comments it received on the advance notice. 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 and B below, 
of the most significant aspects of these statements.

(A) Clearing Agency's Statement on Comments on the Advance Notice 
Received From Members, Participants or Others

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

(B) Advance Notices Filed Pursuant to Section 806(e) of the Payment, 
Clearing, and Settlement Supervision Act

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

[[Page 9615]]

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.
---------------------------------------------------------------------------

    The uniform scale factor is applied to all equity products and is 
used to adjust individual equity current market volatility estimates on 
a daily basis based on the comparison of the current market volatility 
and the long-run volatility estimate, which is updated daily. Should it 
be observed that the current market volatility is less than the long-
run volatility, all products tied to the uniform scale factor will be 
adjusted higher based on the ratio of the long-run volatility estimate 
to the current market volatility estimate to account for the observed 
change in volatility. In addition, the uniform scale factor is also 
used to account for the fact that the distribution of returns for the 
SPX has a ``fat tail'' \10\ because the scale factor seeks to match 
estimates of expected margin shortfalls under the scenarios in STANS 
for a hypothetical long position in the SPX.
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    \10\ A fat-tailed distribution is a probability distribution 
that exhibits large skewness or kurtosis. Compared with a standard 
normal distribution or bell curve, it has a higher probability of 
occurrence of extreme events.
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    The uniform scale factor resulting from the calculations described 
above is applied as a multiplier to hypothetical returns on a long 
portfolio of equities produced during the Monte Carlo market scenarios 
run within STANS. By ``scaling up'' hypothetical returns in this way, 
the uniform scale factor relies on an assumption that more recent 
behavior of SPX returns will provide an appropriate proxy for the 
volatility in equity price returns that occur between monthly updates 
of price data for the pending short-run time series. Accordingly, the 
uniform scale factor helps OCC set margin requirements that account for 
this proxy to ensure that Clearing Members maintain margin assets that 
would be sufficient in light of historical volatility of the SPX.
Proposed Changes to the Uniform Scale Factor for Equity-Based Products
    The average longer-run volatility forecast used in OCC's 
computation of the uniform scale factor currently relies on daily 
pricing information for component securities of the SPX dating back to 
January of 1946. This time series predates, however, the 1957 
introduction of the SPX. To accurately account for the behavior of SPX 
returns only since the inception of the index, OCC proposes to adjust 
the longer-run volatility forecast so that it would rely only on the 
post-1957 information. OCC believes that this approach would reduce 
model risk \11\ and improve the quality of the data by avoiding the 
need to make assumptions related to the composition of the index before 
its actual development.\12\
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    \11\ OCC defines ``model risk'' as the potential for adverse 
consequences of incorrect or misused model outputs and reports.
    \12\ As defined in OCC's Model Risk Management Policy, Model 
Risk, in the sense of material exposure to the consequences of poor 
assumptions, is reduced by making models adhere accurately to 
observed phenomena. In this case, by reducing the role of the 
uniform scale factor as a proxy between monthly updates of 
univariate models for risk factors and by allowing certain risk 
factors to bypass the monthly update process, as described below, 
OCC believes that this proposed change would reduce model risk.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \13\ The dates in parentheticals are the dates from which OCC 
has historical data on the specified index.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \14\ OCC's Margin Policy describes OCC's approach to prudently 
managing market and credit exposures presented by its Clearing 
Members.
---------------------------------------------------------------------------

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.

[[Page 9616]]

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 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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Consistency With the Payment, Clearing and Settlement Supervision Act
    OCC believes that the proposed change concerning scale factors 
described above is consistent with Section 805(b)(1) of the Payment, 
Clearing and Settlement Supervision Act \18\ because the proposed 
change would promote robust risk management.
---------------------------------------------------------------------------

    \18\ 12 U.S.C. 5464(b)(1).
---------------------------------------------------------------------------

    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 response to material changes in the volatility 
of Treasury securities while also mitigating pro-cyclicality. Taken 
together, the changes to the uniform scale factor, the addition of new 
equity based scale factors, 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 promoting robust risk 
management in that 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 would be reduced. Further, the 
proposed changes would promote robust risk management by making 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.
Anticipated Effect on and Management of Risk
    OCC believes that the proposed changes would reduce the nature and 
level of risk presented to OCC because, in several respects, the 
modification of the uniform scale factor used in STANS and the 
introduction of new scale factors would increase the accuracy of OCC's 
margin calculations. First, OCC would simplify its process for 
establishing the uniform scale factor by basing it on the one-day 
variances \19\ of the SPX returns, rather than an approximation of the 
margin coverage on a hypothetical position in the SPX. OCC believes 
that this simplified approach would mitigate operational and regulatory 
risks by making the approach to the uniform scale factor less complex 
and more readily understood by OCC's staff, regulators and other 
parties interested in OCC's risk management framework.
---------------------------------------------------------------------------

    \19\ The one-day conditional variance of a risk factor is the 
variance of the one-day innovation (typically a log-return) one day 
into the future in the sense of random variables (i.e., based on an 
indexed filtration and a probability measure).
---------------------------------------------------------------------------

    For use with certain exchange-traded funds, OCC proposes to 
implement in STANS four new scale factors that would be based on the 
Russell 2000[supreg] Index, Dow Jones Industrial Average Index, NASDAQ-
100 Index and S&P 100 Index. The separately forecasted volatility for 
each of these indexes would be represented in the resulting scale 
factor. OCC believes applying a scale factor based on an index to which 
certain exchange-traded funds are more

[[Page 9617]]

closely correlated than the SPX would mitigate risk because it would 
enhance the accuracy of margin requirements in STANS.
    Under the proposed change, a floor of the sample variance would be 
introduced with respect to each scale factor. The sample variance floor 
would mitigate pro-cyclicality risk in the relevant return scenarios 
because it would potentially result in the collection of more margin 
during periods of relatively lower market volatility. In the absence of 
using the sample variance as a floor, the margin collected could drop 
significantly during periods of low volatility and then dramatically 
increase when, between monthly updates to a pending time series, market 
events cause increases in the variance of the underlying data set for 
the scale factor.
    OCC would also 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. 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 mitigate the risk that the 
model would become stale between monthly updates.
    For the foregoing reasons, OCC believes that the proposed change 
would enhance OCC's management of risk and reduce the nature or level 
of risk presented to OCC.

III. Date of Effectiveness of the Advance Notice and Timing for 
Commission Action

    The proposed change may be implemented if the Commission does not 
object to the proposed change within 60 days of the later of (i) the 
date the proposed change was filed with the Commission or (ii) the date 
any additional information requested by the Commission is received. OCC 
shall not implement the proposed change if the Commission has any 
objection to the proposed change.
    The Commission may extend the period for review by an additional 60 
days if the proposed change raises novel or complex issues, subject to 
the Commission or the Board of Governors of the Federal Reserve System 
providing the clearing agency with prompt written notice of the 
extension. A proposed change may be implemented in less than 60 days 
from the date the advance notice is filed, or the date further 
information requested by the Commission is received, if the Commission 
notifies the clearing agency in writing that it does not object to the 
proposed change and authorizes the clearing agency to implement the 
proposed change on an earlier date, subject to any conditions imposed 
by the Commission.
    OCC shall post notice on its Web site of proposed changes that are 
implemented.
    The proposal shall not take effect until all regulatory actions 
required with respect to the proposal are completed.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the advance 
notice 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-2017-801 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-OCC-2017-801. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the advance notice that are filed 
with the Commission, and all written communications relating to the 
advance notice between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for Web site viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE., Washington, 
DC 20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of OCC and on OCC's Web site at 
http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_17_801.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-2017-801 and 
should be submitted on or before February 28, 2017.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02443 Filed 2-6-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices                                                  9613

                                             Futures Contracts and Financial                         additional types of Trust Issued                      communications relating to the
                                             Instruments, (iii) the name and value of                Receipts based on oil prices and that                 proposed rule change between the
                                             each Treasury security and cash                         will enhance competition among market                 Commission and any person, other than
                                             equivalent, and (iv) the amount of cash                 participants, to the benefit of investors             those that may be withheld from the
                                             held in each Fund’s portfolio.                          and the marketplace.                                  public in accordance with the
                                                Moreover, prior to the commencement                                                                        provisions of 5 U.S.C. 552, will be
                                             of trading, the Exchange will inform its                C. Self-Regulatory Organization’s
                                                                                                                                                           available for Web site viewing and
                                             Equity Trading Permit Holders in an                     Statement on Comments on the
                                                                                                                                                           printing in the Commission’s Public
                                             Information Bulletin of the special                     Proposed Rule Change Received From
                                                                                                                                                           Reference Room, 100 F Street NE.,
                                             characteristics and risks associated with               Members, Participants, or Others
                                                                                                                                                           Washington, DC 20549, on official
                                             trading the Shares and of the suitability                 No written comments were solicited                  business days between the hours of
                                             requirements of NYSE Arca Equities                      or received with respect to the proposed              10:00 a.m. and 3:00 p.m. Copies of such
                                             Rule 9.2(a). The Information Bulletin                   rule change.                                          filing will also be available for
                                             will advise ETP Holders, prior to the                                                                         inspection and copying at the principal
                                                                                                     III. Date of Effectiveness of the
                                             commencement of trading, of the                                                                               office of the Exchange. All comments
                                                                                                     Proposed Rule Change and Timing for
                                             prospectus delivery requirements                                                                              received will be posted without change;
                                                                                                     Commission Action
                                             applicable to a Fund. The Information                                                                         the Commission does not edit personal
                                             Bulletin will also discuss any                             Within 45 days of the date of                      identifying information from
                                             exemptive, no-action, and interpretive                  publication of this notice in the Federal             submissions. You should submit only
                                             relief granted by the Commission from                   Register or within such longer period                 information that you wish to make
                                             any rules under the Act. In addition, the               up to 90 days (i) as the Commission may               available publicly. All submissions
                                             Information Bulletin will reference that                designate if it finds such longer period              should refer to File Number SR–
                                             a Fund is subject to various fees and                   to be appropriate and publishes its                   NYSEArca–2017–05 and should be
                                             expenses described in the Registration                  reasons for so finding or (ii) as to which            submitted on or before February 28,
                                             Statement. The Information Bulletin                     the self-regulatory organization                      2017.
                                             will also reference that the CFTC has                   consents, the Commission will: (a) By
                                             regulatory jurisdiction over the trading                order approve or disapprove such                        For the Commission, by the Division of
                                                                                                                                                           Trading and Markets, pursuant to delegated
                                             of Futures Contracts traded on U.S.                     proposed rule change; or (b) institute
                                                                                                                                                           authority.20
                                             markets. The Information Bulletin will                  proceedings to determine whether the
                                                                                                                                                           Eduardo A. Aleman,
                                             also disclose the trading hours of the                  proposed rule change should be
                                             Shares and that the NAV for the Shares                  disapproved.                                          Assistant Secretary.
                                             will be calculated after 2:30 p.m. E.T.                                                                       [FR Doc. 2017–02444 Filed 2–6–17; 8:45 am]
                                                                                                     IV. Solicitation of Comments
                                             each trading day. The Information                                                                             BILLING CODE 8011–01–P
                                             Bulletin will disclose that information                   Interested persons are invited to
                                             about the Shares will be publicly                       submit written data, views, and
                                             available on the Funds’ Web site.                       arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                Trading in Shares of a Fund will be                  including whether the proposed rule                   COMMISSION
                                             halted if the circuit breaker parameters                change is consistent with the Act.
                                                                                                                                                           [Release No. 34–79915; File No. SR–OCC–
                                             in NYSE Arca Equities Rule 7.12 have                    Comments may be submitted by any of                   2017–801]
                                             been reached or because of market                       the following methods:
                                             conditions or for reasons that, in the                                                                        Self-Regulatory Organizations; The
                                                                                                     Electronic Comments
                                             view of the Exchange, make trading in                                                                         Options Clearing Corporation; Notice
                                             the Shares inadvisable.                                   • Use the Commission’s Internet                     of Filing of Advance Notice
                                                The proposed rule change is designed                 comment form (http://www.sec.gov/                     Concerning The Options Clearing
                                             to perfect the mechanism of a free and                  rules/sro.shtml); or                                  Corporation’s Margin Coverage During
                                             open market and, in general, to protect                   • Send an email to rule-comments@                   Times of Increased Volatility
                                             investors and the public interest in that               sec.gov. Please include File Number SR–
                                             it will facilitate the listing and trading              NYSEArca–2017–05 on the subject line.                 February 1, 2016.
                                             of additional types of Trust Issued                     Paper Comments                                           Pursuant to Section 806(e)(1) of Title
                                             Receipts based on oil prices that will                                                                        VIII of the Dodd-Frank Wall Street
                                             enhance competition among market                           • Send paper comments in triplicate                Reform and Consumer Protection Act,
                                             participants, to the benefit of investors               to Secretary, Securities and Exchange                 entitled the Payment, Clearing, and
                                             and the marketplace. As noted above,                    Commission, 100 F Street NE.,                         Settlement Supervision Act of 2010
                                             the Exchange has in place surveillance                  Washington, DC 20549–1090.                            (‘‘Payment, Clearing and Settlement
                                             procedures that are adequate to properly                All submissions should refer to File                  Supervision Act’’) 1 and Rule 19b–
                                             monitor trading in the Shares in all                    Number SR–NYSEArca–2017–05. This                      4(n)(1)(i) under the Securities Exchange
                                             trading sessions and to deter and detect                file number should be included on the                 Act of 1934 (‘‘Act’’),2 notice is hereby
                                             violations of Exchange rules and                        subject line if email is used. To help the            given that on January 4, 2017, The
                                             applicable federal securities laws.                     Commission process and review your                    Options Clearing Corporation (‘‘OCC’’)
                                                                                                     comments more efficiently, please use                 filed with the Securities and Exchange
                                             B. Self-Regulatory Organization’s                       only one method. The Commission will                  Commission (‘‘Commission’’) an
                                             Statement on Burden on Competition                      post all comments on the Commission’s                 advance notice described in Items I, II
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                                               The Exchange does not believe that                    Internet Web site (http://www.sec.gov/                and III below, which Items have been
                                             the proposed rule change will impose                    rules/sro.shtml). Copies of the                       prepared by OCC. The Commission is
                                             any burden on competition that is not                   submission, all subsequent                            publishing this notice to solicit
                                             necessary or appropriate in furtherance                 amendments, all written statements
                                             of the purpose of the Act. The Exchange                 with respect to the proposed rule                       20 17 CFR 200.30–3(a)(12).
                                             notes that the proposed rule change will                change that are filed with the                          1 12 U.S.C. 5465(e)(1).
                                             facilitate the listing and trading of                   Commission, and all written                             2 17 CFR 240.19b–4(n)(1)(i).




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                                             9614                         Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices

                                             comments on the advance notice from                        The majority of risk factors utilized in            scale factor is the only scale factor used
                                             interested persons.                                     the STANS methodology are total                        in STANS. The proposed change is
                                                                                                     returns on individual equity securities.               intended to enhance the STANS margin
                                             I. Clearing Agency’s Statement of the
                                                                                                     Other risk factors considered include:                 calculations by providing for the
                                             Terms of Substance of the Advance
                                                                                                     Returns on equity indices; changes in                  capability to increase the number of
                                             Notice                                                  the calibrated coefficients of a model                 scale factors used within STANS in
                                               This proposed change by OCC would                     describing the yield curve for U.S.                    cases where a more appropriate proxy
                                             modify the current process for                          government securities; ‘‘returns’’ on the              has been identified for a particular asset
                                             systematically monitoring market                        nearest-to-expiration futures contracts of             class or group of products to measure
                                             conditions and performing adjustments                   various kinds; and changes in foreign                  the relationship between current vs.
                                             to its margin coverage when current                     exchange rates. For the volatility of each             long-run market volatility.
                                             market volatility increases beyond                      risk factor, the Monte Carlo simulations
                                             historically observed levels.                           use the greater of: (i) The short-term                 Summary of the Proposed Change
                                                                                                     volatility level predicted by the model;                  OCC proposes a number of
                                             II. Clearing Agency’s Statement of the                                                                         enhancements to its STANS margin
                                                                                                     and (ii) an estimate of its longer-run
                                             Purpose of, and Statutory Basis for, the                level. In between the monthly re-                      methodology that are designed to more
                                             Advance Notice                                          estimations of all the models, volatilities            accurately compute Clearing Member
                                               In its filing with the Commission,                    are automatically re-scaled to the greater             margin requirements to reflect the risk
                                             OCC included statements concerning                      of the short-term or the longer-run levels             of Clearing Member portfolios.
                                             the purpose of and basis for the advance                to mitigate pro-cyclicality 6 in the                   Specifically, OCC proposes to: (1)
                                             notice and discussed any comments it                    margin levels. (This daily volatility                  Adjust the longer-run volatility forecast
                                             received on the advance notice. The text                measure is called the ‘‘uniform scale                  used in OCC’s computation of the
                                             of these statements may be examined at                  factor.’’) The uniform scale factor is a               uniform scale factor so that it would
                                             the places specified in Item IV below.                  multiplier used in connection with                     rely only on post-1957 price information
                                             OCC has prepared summaries, set forth                   STANS calculations to account for,                     (i.e., price information since the
                                             in sections A and B below, of the most                  among other things, the difference                     introduction of the SPX) in order to
                                             significant aspects of these statements.                between short-term and long-term                       more accurately account for the
                                                                                                     volatility forecasts for equities. It is               behavior of SPX returns only since the
                                             (A) Clearing Agency’s Statement on
                                                                                                     specifically defined as the ratio of long-             inception of the index; (2) expand the
                                             Comments on the Advance Notice
                                                                                                     run volatility (10Y+) over short-run                   number of scale factors used for equity-
                                             Received From Members, Participants or
                                                                                                     volatility (2Y). It is used to ‘‘scale up’’            based products to more accurately
                                             Others
                                                                                                     the short-run volatility of the securities             measure the relationship between
                                               Written comments were not and are                     (e.g., IBM) that are subject to monthly                current and long-run market volatility
                                             not intended to be solicited with respect               update, in order to estimate long-run                  with proxies that correlate more closely
                                             to the proposed change and none have                    volatility. It is also used to capture data            to certain products carried within the
                                             been received.                                          gaps between monthly updates.                          equity asset class; (3) apply relevant
                                                                                                        An approach employed by OCC to                      scale factors to the greater of (i) the
                                             (B) Advance Notices Filed Pursuant to
                                                                                                     mitigate pro-cyclicality within STANS                  estimated variance of 1-day return
                                             Section 806(e) of the Payment, Clearing,
                                                                                                     is to estimate market volatility based on              scenarios or (ii) the historical variance
                                             and Settlement Supervision Act
                                                                                                     current market conditions (‘‘current                   of the daily return scenarios of a
                                             Purpose of the Proposed Change                          market estimate’’) and compare this                    particular instrument, as a floor to
                                                OCC’s margin methodology, the                        current market estimate to a long-run                  mitigate procyclicality; and (4)
                                             System for Theoretical Analysis and                     estimate of market volatility (‘‘long-run              implement processing changes that
                                             Numerical Simulations (‘‘STANS’’), is                   market estimate’’). This comparison                    would update the statistical models for
                                             OCC’s proprietary risk management                       utilizes certain market benchmarks (or                 common factors related to Treasury
                                             system that calculates Clearing                         factors), which serve as proxies for the               securities on a daily basis. The proposed
                                             Members’ 3 margin requirements.4                        overall volatility of an asset class or                changes are discussed in more detail
                                             STANS utilizes large-scale Monte Carlo                  group of products. If the long-run                     below.
                                             simulations to forecast price movement                  market estimate for a factor is found to                  OCC believes that the current
                                             and correlations in determining a                       be greater than the current market                     approach to scale factors in STANS
                                             Clearing Member’s margin                                estimate, the volatility estimates for all             would be improved by providing the
                                             requirement.5 The STANS margin                          products tied to that factor are adjusted              functionality to establish multiple scale
                                             requirement is a portfolio calculation at               (or scaled) up in a manner proportionate               factors intended to more accurately
                                             the level of Clearing Member legal entity               to the relationship between the current                measure the relationship between
                                             marginable net positions tier account                   market volatility and the long-run                     current and long-run market volatility
                                             (tiers can be customer, firm, or market                 market volatility for that factor.                     with proxies that correlate more closely
                                                                                                        Current STANS includes a single                     to groups of products within an asset
                                             marker) and consists of an estimate of
                                                                                                     factor (‘‘uniform scale factor’’), which               class (e.g., Russell 1000 Index and
                                             99% 2-day expected shortfall and an
                                                                                                     serves as the proxy for the equity asset               Russell 1000 ETFs), which would
                                             add-on for model risk (the
                                                                                                     class. This uniform scale factor is                    enhance the accuracy of the margin
                                             concentration/dependence stress test
                                                                                                     calibrated based on changes in the                     requirements in STANS.7 By
                                             charge)
                                                                                                     volatility of the Standard & Poor’s 500®
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                                               3 See
                                                                                                     Index (‘‘SPX’’) and applied to all                       7 In this case, accuracy is measured against
                                                     OCC By-Laws Article 1(C)(14).                                                                          backtesting results. Pursuant to OCC’s Model Risk
                                               4 See Securities Exchange Act Release No. 53322
                                                                                                     ‘‘equity-based products’’ in the manner
                                                                                                                                                            Management Policy, an accurate 99% value-at-risk
                                             (February 15, 2006), 71 FR 9403 (February 23, 2006)     described above. Currently, the uniform                model should expect exceedances at a rate of 1%
                                             (SR–OCC–2004–20). A detailed description of the                                                                per independent trial. If the exceedance rate is too
                                             STANS methodology is available at http://                 6 A quality that is positively correlated with the   high, the model is missing key risks; if the
                                             optionsclearing.com/risk-management/margins/.           overall state of the economy is deemed to be pro-      exceedance rate is too low, the model is not
                                               5 See OCC Rule 601.                                   cyclical.                                              consistent with the organization’s risk appetite. To



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                                                                           Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices                                                       9615

                                             incorporating this process to scale                     volatility estimates on a daily basis                    composition of the index before its
                                             margin coverages when current market                    based on the comparison of the current                   actual development.12
                                             volatility exceeds historically                         market volatility and the long-run
                                                                                                                                                              Proposed New Scale Factors for Equity-
                                             heightened levels that have been                        volatility estimate, which is updated
                                                                                                                                                              Based Products
                                             established to mitigate pro-cyclicality,                daily. Should it be observed that the
                                             OCC’s margin methodology is able to                     current market volatility is less than the                  To more accurately measure the
                                             expeditiously respond to severe changes                 long-run volatility, all products tied to                relationship between current and long-
                                             in market volatility and thus better                    the uniform scale factor will be adjusted                run market volatility with proxies that
                                             protect the integrity of our financial                  higher based on the ratio of the long-run                correlate more closely to certain
                                             markets.                                                volatility estimate to the current market                products carried within the equity asset
                                                                                                     volatility estimate to account for the                   class, OCC proposes to expand the
                                             Scale Factor for Equity-Based Products                                                                           number of scale factors to include: (1)
                                                                                                     observed change in volatility. In
                                             Current Uniform Scale Factor for                        addition, the uniform scale factor is also               Russell 2000® Index (12/29/1978); (2)
                                             Equity-Based Products                                   used to account for the fact that the                    Dow Jones Industrial Average Index (9/
                                                The uniform scale factor for the SPX                 distribution of returns for the SPX has                  23/1997); (3) NASDAQ–100 Index (2/4/
                                             roughly represents the ratio of OCC’s                   a ‘‘fat tail’’ 10 because the scale factor               1985) and (4) S&P 100 Index (1/2/
                                             estimates of the long-run market                        seeks to match estimates of expected                     1976).13 While the SPX scale factor will
                                             volatility to the forecast market                       margin shortfalls under the scenarios in                 continue to serve as the default scale
                                             volatility determined by most recent 24-                STANS for a hypothetical long position                   factor for most equity products, the
                                             month daily historical returns.8 To                     in the SPX.                                              index options, futures and ETFs which
                                             determine the estimate of current                                                                                map to these indexes will be assigned to
                                                                                                        The uniform scale factor resulting                    these scale factors and whose current
                                             market volatility, OCC relies on daily                  from the calculations described above is
                                             pricing information for equity securities                                                                        volatility estimates will be adjusted
                                                                                                     applied as a multiplier to hypothetical                  based on the aforementioned
                                             and exchange-traded funds over a                        returns on a long portfolio of equities
                                             twenty-four month period ending with                                                                             methodology.
                                                                                                     produced during the Monte Carlo                             Consistent with OCC’s existing
                                             the last day of the immediately                         market scenarios run within STANS. By                    Margin Policy,14 OCC will evaluate the
                                             preceding month. To populate this                       ‘‘scaling up’’ hypothetical returns in this              performance and use of these scale
                                             twenty-four month time series, OCC                      way, the uniform scale factor relies on                  factors and determine if changes to the
                                             relies on external vendors, with which                  an assumption that more recent                           mapping of products to scale factors or
                                             it maintains redundant relationships for                behavior of SPX returns will provide an                  the addition of new scale factors are
                                             resiliency,9 to adjust the daily pricing                appropriate proxy for the volatility in                  warranted. Prior to any changes being
                                             information to account for corporate                    equity price returns that occur between                  implemented OCC would present its
                                             actions involving these securities. This                monthly updates of price data for the
                                             daily pricing information is received                                                                            findings to the Enterprise Risk
                                                                                                     pending short-run time series.                           Management Committee and obtain
                                             from its vendor(s) after the close of each              Accordingly, the uniform scale factor
                                             month, at which time OCC updates its                                                                             approval to make the recommended
                                                                                                     helps OCC set margin requirements that                   enhancements.
                                             twenty-four month time series adding                    account for this proxy to ensure that
                                             the new month and dropping the last                     Clearing Members maintain margin                         Proposed Anti-Procyclical Measure for
                                             month of data. This process of updating                 assets that would be sufficient in light                 Equity-Based Scale Factors
                                             the time series on a monthly basis is                   of historical volatility of the SPX.                       In order to mitigate against pro-
                                             referred to as a ‘‘pending’’ time series                                                                         cyclicality, OCC intends to apply the
                                             due to the batch process used to update                 Proposed Changes to the Uniform Scale
                                                                                                                                                              relevant scale factor to the greater of (i)
                                             the time series. The long-run time series               Factor for Equity-Based Products
                                                                                                                                                              the estimated variance of the 1-day
                                             used by the uniform scale factor is
                                                                                                       The average longer-run volatility                      return scenarios or (ii) the historical
                                             updated on a daily basis (i.e., non-
                                                                                                     forecast used in OCC’s computation of                    variance of the daily return scenarios of
                                             pending update) with pricing
                                                                                                     the uniform scale factor currently relies                a particular instrument, as a floor. OCC
                                             information for the SPX dating back to
                                                                                                     on daily pricing information for                         believes this floor would mitigate pro-
                                             January 1, 1946. OCC calculates the
                                                                                                     component securities of the SPX dating                   cyclicality in the relevant return
                                             uniform scale factor each business day
                                                                                                     back to January of 1946. This time series                scenarios because it would result in a
                                             by comparing the current market
                                                                                                     predates, however, the 1957                              higher estimate of volatility during
                                             volatility, using pending price updates
                                                                                                     introduction of the SPX. To accurately                   periods of relatively lower market
                                             to the long-run time series using non-
                                                                                                     account for the behavior of SPX returns                  volatility than if only the estimated
                                             pending, or current, market prices.
                                                The uniform scale factor is applied to               only since the inception of the index,                   variance in (i) above was used.
                                             all equity products and is used to adjust               OCC proposes to adjust the longer-run
                                                                                                                                                                 12 As defined in OCC’s Model Risk Management
                                             individual equity current market                        volatility forecast so that it would rely
                                                                                                                                                              Policy, Model Risk, in the sense of material
                                                                                                     only on the post-1957 information. OCC                   exposure to the consequences of poor assumptions,
                                             the extent that the conditional variances of not all    believes that this approach would                        is reduced by making models adhere accurately to
                                             relevant risk factors move in lock-step to the          reduce model risk 11 and improve the                     observed phenomena. In this case, by reducing the
                                             conditional variance of SPX, multiple scale factors     quality of the data by avoiding the need                 role of the uniform scale factor as a proxy between
                                             offers the opportunity to be more accurate.                                                                      monthly updates of univariate models for risk
                                               8 The uniform scale factor has been a part of
                                                                                                     to make assumptions related to the                       factors and by allowing certain risk factors to
                                             STANS since it was installed in 2006. See                                                                        bypass the monthly update process, as described
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                                             Securities Exchange Act Release No. 53322                 10 A fat-tailed distribution is a probability          below, OCC believes that this proposed change
                                             (February 15, 2006), 71 FR 9403 (February 23, 2006)     distribution that exhibits large skewness or kurtosis.   would reduce model risk.
                                             (SR–OCC–2004–20).                                       Compared with a standard normal distribution or             13 The dates in parentheticals are the dates from
                                               9 Specifically, OCC maintains both a primary and      bell curve, it has a higher probability of occurrence    which OCC has historical data on the specified
                                             backup data center that receive live price feeds from   of extreme events.                                       index.
                                             multiple price vendors. In the event of service           11 OCC defines ‘‘model risk’’ as the potential for        14 OCC’s Margin Policy describes OCC’s approach

                                             disruption OCC is able to transition to an alternate    adverse consequences of incorrect or misused             to prudently managing market and credit exposures
                                             data center and/or pricing vendor, as applicable.       model outputs and reports.                               presented by its Clearing Members.



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                                             9616                         Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices

                                             Proposed Daily Statistical Updates for                  continue to provide updates at                        curve model would allow OCC to
                                             the Treasury Yield Curve Model                          Roundtable meetings on a quarterly                    monitor and response to material
                                                In addition to implementing the scale                basis going forward. In addition, OCC                 changes in the volatility of Treasury
                                             factors described above, OCC is also                    would publish an Information                          securities while also mitigating pro-
                                             proposing to implement processing                       Memorandum to all Clearing Members                    cyclicality. Taken together, the changes
                                             changes that would update the                           describing the proposed change and will               to the uniform scale factor, the addition
                                             statistical models for common factors                   provide additional periodic Information               of new equity based scale factors, and
                                             related to Treasury securities on a daily               Memoranda updates prior to the                        the introduction of daily statistical
                                             basis. These model changes would                        implementation date. OCC would also                   updates for the Treasury yield curve
                                             allow OCC to monitor and respond to                     provide at least thirty days prior notice             model would cause STANS to more
                                             material changes in the volatility of                   to Clearing Members before                            accurately compute Clearing Member
                                             Treasury securities while also mitigating               implementing the change. Additionally,                margin requirements to reflect the risk
                                             pro-cyclicality without implementing a                  OCC would perform targeted and direct                 of Clearing Member portfolios thereby
                                             scale factor specific to Treasury                       outreach with Clearing Members that                   promoting robust risk management in
                                             securities. OCC believes that updating                  would be most impacted by the                         that the risk that Clearing Member
                                             its Treasury securities models on a daily               proposed change and OCC would work                    margin assets would be insufficient
                                             basis is a more appropriate way to                      closely with such Clearing Members to                 should OCC need to use such assets to
                                             monitor and respond to material                         coordinate the implementation and                     close-out the positions of a defaulted
                                             changes in the volatility of Treasury                   associated funding for such Clearing                  Clearing Member would be reduced.
                                             securities while also mitigating pro-                   Members resulting from the proposed                   Further, the proposed changes would
                                             cyclicality since the Treasury yield                    change.16 Finally, OCC would discuss                  promote robust risk management by
                                             curve model is relatively less complex,                 the proposed change with its cross-                   making it less likely that the default of
                                             with only three factors, and the                        margin clearing house partners to                     a Clearing Member would stress the
                                             structure of the Treasuries securities                  ensure they are aware of the proposed                 financial resources available to OCC,
                                             model does not lend itself to a returns-                change.17                                             which include mutualized resource
                                             based scale factor (as is used with equity                                                                    funds deposited by non-defaulting
                                                                                                     Consistency With the Payment, Clearing                Clearing Members as Clearing Fund.
                                             and volatility derivatives, as described                and Settlement Supervision Act
                                             above).                                                                                                       Anticipated Effect on and Management
                                                Specifically, OCC is proposing to                      OCC believes that the proposed                      of Risk
                                             enhance its existing yield curve model                  change concerning scale factors
                                             that OCC uses to project U.S. Treasury                  described above is consistent with                      OCC believes that the proposed
                                             security returns, which is updated                      Section 805(b)(1) of the Payment,                     changes would reduce the nature and
                                             monthly. The model contains                             Clearing and Settlement Supervision                   level of risk presented to OCC because,
                                             underlying data set and time series                     Act 18 because the proposed change                    in several respects, the modification of
                                             information for Treasury securities,                    would promote robust risk management.                 the uniform scale factor used in STANS
                                             which run from February 4, 2008 (based                    The proposed model changes                          and the introduction of new scale
                                             on available historical data) and, after                described above would enhance the                     factors would increase the accuracy of
                                             implementing the proposed                               manner in which OCC computes margin                   OCC’s margin calculations. First, OCC
                                             enhancements, the model would be                        requirements for Clearing Members.                    would simplify its process for
                                             updated on a daily basis as new data                    Specifically, the proposed changes to                 establishing the uniform scale factor by
                                             and time series information becomes                     the uniform scale factor for equity-based             basing it on the one-day variances 19 of
                                             available. The proposed enhancements                    products to rely only on post-1957                    the SPX returns, rather than an
                                             would promote a more accurate                           information would reduce model risk                   approximation of the margin coverage
                                             approach to margining within STANS,                     and improve the quality of data by                    on a hypothetical position in the SPX.
                                             as it relates to Treasury securities,                   avoiding unnecessary assumptions                      OCC believes that this simplified
                                             particularly when markets are volatile                  related to the composition of the SPX                 approach would mitigate operational
                                             because the daily statistical updates                   before its inception. The proposed four               and regulatory risks by making the
                                             would prevent the model from                            new scale factors for equity-based                    approach to the uniform scale factor less
                                             becoming stale between monthly                          products would more accurately                        complex and more readily understood
                                             updates.                                                measure the relationship between                      by OCC’s staff, regulators and other
                                                                                                     current and long-run market volatility                parties interested in OCC’s risk
                                             Impact Analysis and Outreach                                                                                  management framework.
                                                                                                     with proxies that are correlated more
                                                Based on simulation testing for the                                                                          For use with certain exchange-traded
                                                                                                     closely to certain products within the
                                             period from January 14, 2015, to March                                                                        funds, OCC proposes to implement in
                                                                                                     equity asset class. The proposed daily
                                             6, 2015, risk margins (i.e., expected                                                                         STANS four new scale factors that
                                                                                                     statistical updates for the Treasury yield
                                             shortfall plus the concentration/                                                                             would be based on the Russell 2000®
                                             dependence add-on) would have been                                                                            Index, Dow Jones Industrial Average
                                                                                                     discuss industry and operational issues. It is
                                             approximately 5.2% higher in aggregate                  comprised of representatives of the senior OCC        Index, NASDAQ–100 Index and S&P
                                             as a consequence of these changes. This                 staff, participant exchanges and Clearing Members,    100 Index. The separately forecasted
                                             is mostly due to higher coverage for the
                                                                                                     representing the diversity of OCC’s membership in     volatility for each of these indexes
                                                                                                     industry segments, OCC-cleared volume, business       would be represented in the resulting
                                             Russell 2000 Index and index ETF                        type, operational structure and geography.
                                             products under the new methodology.                        16 Specifically, OCC will discuss with those
                                                                                                                                                           scale factor. OCC believes applying a
                                                                                                                                                           scale factor based on an index to which
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                                                In order to inform Clearing Members                  Clearing Members how they plan to satisfy any
                                             of the proposed change, OCC provided                    increase in their margin requirements associated      certain exchange-traded funds are more
                                                                                                     with the proposed change.
                                             a general update at a recent OCC                           17 Cross-margin accounts are not uniquely             19 The one-day conditional variance of a risk
                                             Roundtable 15 meeting and would                         affected by the proposed change and would be          factor is the variance of the one-day innovation
                                                                                                     affected by the proposed change in the same           (typically a log-return) one day into the future in
                                               15 The OCC Roundtable was established to bring        manner as any other type of OCC account.              the sense of random variables (i.e., based on an
                                             Clearing Members, exchanges and OCC together to            18 12 U.S.C. 5464(b)(1).                           indexed filtration and a probability measure).



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                                                                          Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices                                                  9617

                                             closely correlated than the SPX would                   notice is filed, or the date further                  http://www.theocc.com/components/
                                             mitigate risk because it would enhance                  information requested by the                          docs/legal/rules_and_bylaws/sr_occ_17_
                                             the accuracy of margin requirements in                  Commission is received, if the                        801.pdf.
                                             STANS.                                                  Commission notifies the clearing agency                 All comments received will be posted
                                                Under the proposed change, a floor of                in writing that it does not object to the
                                             the sample variance would be                                                                                  without change; the Commission does
                                                                                                     proposed change and authorizes the
                                             introduced with respect to each scale                                                                         not edit personal identifying
                                                                                                     clearing agency to implement the
                                             factor. The sample variance floor would                 proposed change on an earlier date,                   information from submissions. You
                                             mitigate pro-cyclicality risk in the                    subject to any conditions imposed by                  should submit only information that
                                             relevant return scenarios because it                    the Commission.                                       you wish to make available publicly.
                                             would potentially result in the                           OCC shall post notice on its Web site                 All submissions should refer to File
                                             collection of more margin during                        of proposed changes that are                          Number SR–OCC–2017–801 and should
                                             periods of relatively lower market                      implemented.                                          be submitted on or before February 28,
                                             volatility. In the absence of using the                   The proposal shall not take effect                  2017.
                                             sample variance as a floor, the margin                  until all regulatory actions required
                                             collected could drop significantly                      with respect to the proposal are                        By the Commission.
                                             during periods of low volatility and                    completed.                                            Eduardo A. Aleman,
                                             then dramatically increase when,                                                                              Assistant Secretary.
                                                                                                     IV. Solicitation of Comments
                                             between monthly updates to a pending                                                                          [FR Doc. 2017–02443 Filed 2–6–17; 8:45 am]
                                             time series, market events cause                          Interested persons are invited to
                                                                                                                                                           BILLING CODE 8011–01–P
                                             increases in the variance of the                        submit written data, views and
                                             underlying data set for the scale factor.               arguments concerning the foregoing,
                                                OCC would also implement                             including whether the advance notice is               SECURITIES AND EXCHANGE
                                             processing changes that would update                    consistent with the Act. Comments may
                                                                                                                                                           COMMISSION
                                             the statistical models for common                       be submitted by any of the following
                                             factors related to Treasury securities on               methods:
                                             a daily basis. These model changes                                                                            [Release No. 34–79913; File No. SR–
                                                                                                     Electronic Comments                                   PEARL–2017–01]
                                             would allow OCC to monitor and
                                             respond to material changes in the                        • Use the Commission’s Internet
                                                                                                     comment form (http://www.sec.gov/                     Self-Regulatory Organizations; MIAX
                                             volatility of Treasury securities while
                                             also mitigating pro-cyclicality. The                    rules/sro.shtml); or                                  PEARL, LLC; Notice of Filing and
                                             proposed enhancements would promote                       • Send an email to rule-comments@                   Immediate Effectiveness of a Proposed
                                             a more accurate approach to margining                   sec.gov. Please include File Number SR–               Rule Change To Establish MIAX
                                             within STANS, as it relates to Treasury                 OCC–2017–801 on the subject line.                     PEARL Top of Market (‘‘ToM’’) and
                                             securities, particularly when markets                   Paper Comments                                        MIAX PEARL Liquidity Feed (‘‘PLF’’)
                                             are volatile because the daily statistical                                                                    Data Products
                                                                                                        • Send paper comments in triplicate
                                             updates would mitigate the risk that the
                                                                                                     to Secretary, Securities and Exchange                 February 1, 2017.
                                             model would become stale between
                                                                                                     Commission, 100 F Street NE.,                            Pursuant to Section 19(b)(1) of the
                                             monthly updates.
                                                For the foregoing reasons, OCC                       Washington, DC 20549.                                 Securities Exchange Act of 1934
                                             believes that the proposed change                       All submissions should refer to File                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                             would enhance OCC’s management of                       Number SR–OCC–2017–801. This file                     notice is hereby given that on January
                                             risk and reduce the nature or level of                  number should be included on the                      19, 2017, MIAX PEARL, LLC (‘‘MIAX
                                             risk presented to OCC.                                  subject line if email is used. To help the
                                                                                                                                                           PEARL’’ or ‘‘Exchange’’) filed with the
                                                                                                     Commission process and review your
                                             III. Date of Effectiveness of the Advance                                                                     Securities and Exchange Commission
                                                                                                     comments more efficiently, please use
                                             Notice and Timing for Commission                                                                              (‘‘Commission’’) a proposed rule change
                                                                                                     only one method. The Commission will
                                             Action                                                  post all comments on the Commission’s                 as described in Items I, II, and III, below,
                                                                                                     Internet Web site (http://www.sec.gov/                which Items have been prepared by the
                                                The proposed change may be
                                             implemented if the Commission does                      rules/sro.shtml). Copies of the                       Exchange. The Commission is
                                             not object to the proposed change                       submission, all subsequent                            publishing this notice to solicit
                                             within 60 days of the later of (i) the date             amendments, all written statements                    comments on the proposed rule change
                                             the proposed change was filed with the                  with respect to the advance notice that               from interested persons.
                                             Commission or (ii) the date any                         are filed with the Commission, and all                I. Self-Regulatory Organization’s
                                             additional information requested by the                 written communications relating to the                Statement of the Terms of Substance of
                                             Commission is received. OCC shall not                   advance notice between the                            the Proposed Rule Change
                                             implement the proposed change if the                    Commission and any person, other than
                                             Commission has any objection to the                     those that may be withheld from the                      The Exchange is filing a proposal to
                                             proposed change.                                        public in accordance with the                         establish certain market data products.
                                                The Commission may extend the                        provisions of 5 U.S.C. 552, will be                   The text of the proposed rule change is
                                             period for review by an additional 60                   available for Web site viewing and                    available on the Exchange’s Web site at
                                             days if the proposed change raises novel                printing in the Commission’s Public                   http://www.miaxoptions.com/rule-
Lhorne on DSK30JT082PROD with NOTICES




                                             or complex issues, subject to the                       Reference Room, 100 F Street NE.,                     filings/pearl, at MIAX PEARL’s
                                             Commission or the Board of Governors                    Washington, DC 20549 on official                      principal office, and at the
                                             of the Federal Reserve System providing                 business days between the hours of                    Commission’s Public Reference Room.
                                             the clearing agency with prompt written                 10:00 a.m. and 3:00 p.m. Copies of the
                                             notice of the extension. A proposed                     filing also will be available for
                                             change may be implemented in less                       inspection and copying at the principal                 1 15   U.S.C. 78s(b)(1).
                                             than 60 days from the date the advance                  office of OCC and on OCC’s Web site at                  2 17   CFR 240.19b–4.



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Document Created: 2017-02-07 00:27:30
Document Modified: 2017-02-07 00:27:30
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 9613 

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