83_FR_40536 83 FR 40379 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Clarifying and Conforming Changes to The Options Clearing Corporation's Margins Methodology and Margin Policy

83 FR 40379 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Clarifying and Conforming Changes to The Options Clearing Corporation's Margins Methodology and Margin Policy

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 157 (August 14, 2018)

Page Range40379-40381
FR Document2018-17395

Federal Register, Volume 83 Issue 157 (Tuesday, August 14, 2018)
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40379-40381]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17395]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83799; File No. SR-OCC-2018-011]


Self-Regulatory Organizations; The Options Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Make Clarifying and Conforming Changes to The Options Clearing 
Corporation's Margins Methodology and Margin Policy

August 8, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on July 24, 2018, The Options Clearing Corporation (``OCC'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I, II, and III below, which Items 
have been prepared by OCC. OCC filed the proposed rule change pursuant 
to

[[Page 40380]]

Section 19(b)(3)(A) \3\ of the Act and Rule 19b-4(f)(1) \4\ thereunder 
so that the proposal was effective upon filing with the Commission. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    OCC proposes to make clarifying and conforming changes to its 
Margin Policy and Margins Methodology related to enhancements to OCC's 
margin methodology that were recently approved by the Commission. The 
proposed changes to the Margin Policy and Margins Methodology are 
included as confidential Exhibits 5A and 5B, respectively. Material 
proposed to be added to the Margin Policy and Margins Methodology as 
currently in effect is underlined and material proposed to be deleted 
is marked in strikethrough text. All capitalized terms not defined 
herein have the same meaning as set forth in the OCC By-Laws and 
Rules.\5\
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    \5\ OCC's By-Laws and Rules can be found on OCC's public 
website: http://optionsclearing.com/about/publications/bylaws.jsp.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

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

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

(1) Purpose

Background

    OCC's margin methodology, the System for Theoretical Analysis and 
Numerical Simulations (``STANS''), is OCC's proprietary risk management 
system that calculates Clearing Member margin requirements.\6\ STANS 
utilizes large-scale Monte Carlo simulations to forecast price and 
volatility movements in determining a Clearing Member's margin 
requirement.\7\ The STANS margin requirement is calculated at the 
portfolio level of Clearing Member accounts with positions in 
marginable securities and consists of an estimate of a 99% expected 
shortfall \8\ over a two-day time horizon and an add-on margin charge 
for model risk (the concentration/dependence stress test charge).\9\ 
The STANS methodology is used to measure the exposure of portfolios of 
options and futures cleared by OCC and cash instruments in margin 
collateral.
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    \6\ See Securities Exchange Act Release No. 53322 (February 15, 
2006), 71 FR 9403 (February 23, 2006) (SR-OCC-2004-20).
    \7\ See OCC Rule 601.
    \8\ The expected shortfall component is established as the 
estimated average of potential losses higher than the 99% value at 
risk threshold. The term ``value at risk'' or ``VaR'' refers to a 
statistical technique that, generally speaking, is used in risk 
management to measure the potential risk of loss for a given set of 
assets over a particular time horizon.
    \9\ A detailed description of the STANS methodology is available 
at http://optionsclearing.com/risk-management/margins/.
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    On May 23, 2018, the Commission issued a Notice of No Objection to 
OCC's advance notice filing concerning a number of enhancements to 
OCC's margin methodology.\10\ The proposed changes were designed to 
enable OCC to: (1) Obtain daily price data for equity products for use 
in the daily estimation of econometric model parameters; (2) enhance 
OCC's econometric model for updating statistical parameters for all 
risk factors that reflect the most recent data obtained; (3) improve 
the sensitivity and stability of correlation estimates across risk 
factors by using de-volatized returns; and (4) improve OCC's 
methodology related to the treatment of defaulting securities. On May 
24, 2018, the Commission approved a proposed rule changed by OCC 
concerning these same enhancements (collectively with the advance 
notice filing, the ``Initial Filings'').\11\ The purpose of this 
proposed rule change is to make clarifying and conforming changes to 
OCC's Margin Policy and Margins Methodology related to the 
implementation of the methodology enhancements in the Initial Filings. 
The proposed changes are described in detail below.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 83305 (May 23, 
2018), 83 FR 24536 (May 29, 2018) (SR-OCC-2017-811).
    \11\ See Securities Exchange Act Release No. 83326 (May 24, 
2018), 83 FR 25081 (May 31, 2018) (SR-OCC-2017-022).
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Proposed Changes

    OCC proposes to revise its Margin Policy to reflect the use of 
daily price data in its margin models. Under the Initial Filings, the 
statistical parameters for OCC's econometric model would be updated on 
a daily basis using the new daily price data obtained by OCC.\12\ As a 
result, OCC would no longer need to rely on scale factors to 
approximate day-to-day market volatility for equity-based products.\13\ 
Instead, statistical parameters would be calibrated on a daily basis, 
allowing OCC to calculate more accurate margin requirements that are 
representative of the most recent market data. OCC therefore proposes 
to make conforming changes to its Margin Policy to remove references to 
scale factors and to provide that market data would be recalibrated on 
an at least weekly-basis with a daily recalibration performed where 
possible (as opposed to recalibrating on a monthly-basis).
---------------------------------------------------------------------------

    \12\ See supra notes 10 and 11.
    \13\ Prior to the implementation of daily updates, OCC would 
continue to employ an approach where one or many identified market 
proxies (or ``scale-factors'') are used to incorporate day-to-day 
market volatility across all associated asset classes throughout. In 
2017, the Commission approved a proposed rule change and issued a 
Notice of No Objection to an advance notice filing by OCC which, 
among other things: (1) Expanded 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, and (2) applied 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. See Securities Exchange Act Release No. 80147 (March 
3, 2017), 82 FR 13163 (March 9, 2017) (SR-OCC-2017-001) and 
Securities Exchange Act Release No. 80143 (March 2, 2017), 82 FR 
13036 (March 8, 2017) (SR-OCC-2017-801).
---------------------------------------------------------------------------

    OCC also proposes to revise its Margins Methodology to clarify 
certain constraints on first and second day conditional variance 
estimates that would be imposed as part of the implementation of the 
methodology enhancements in the Initial Filings. As part of the Initial 
Filings, OCC introduced a second-day forecast for volatility into the 
model to estimate the two-day scenario distributions for risk 
factors.\14\ OCC proposes to clarify in its Margins Methodology that 
OCC would impose an upper-bound limitation on the second-day 
conditional variance estimate in order to ensure that the expected 
shortfall is finite. Specifically, in the implementation of the new 
methodology, OCC would floor the day ahead and second day conditional 
variance for STANS at 100% every day.
---------------------------------------------------------------------------

    \14\ See supra notes 10 and 11.
---------------------------------------------------------------------------

    Finally, OCC proposes to revise its Margins Methodology to clarify 
that the proposed changes from the Initial Filings and the proposed 
changes described herein would not be implemented until October 1, 
2018.
(2) Statutory Basis
    Section 17A(b)(3)(F) of the Act, requires, among other things, that 
the rules of a clearing agency be designed,

[[Page 40381]]

in general, to protect investors and the public interest.\15\ The 
proposed rule change would make a number of clarifying and conforming 
changes to OCC's Margin Policy and Margins Methodology related to 
enhancements to OCC's margin methodology that were recently approved by 
the Commission.\16\ Specifically, the proposed rule change is designed 
to improve OCC's policy and methodology documentation by clarifying 
certain implementation details of the methodology changes in the 
Initial Filings, ensuring that OCC's Margin Policy is properly aligned 
with the methodology enhancements upon their implementation, and 
clarifying the implementation date for these changes. OCC believes that 
the proposed rule change is therefore designed, in general, to protect 
investors and the public interest in accordance with Section 
17A(b)(3)(F) of the Act.\17\
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    \15\ 17 U.S.C. 78q-1(b)(3)(F).
    \16\ See supra notes 10 and 11 and associated text.
    \17\ 17 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

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

    Section 17A(b)(3)(I) of the Act \18\ requires that the rules of a 
clearing agency not impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act. OCC does not 
believe that the proposed rule change would have any impact or impose a 
burden on competition. The proposed rule change is intended to make 
clarifying and conforming changes to OCC's Margin Policy and Margins 
Methodology in connection with the implementation of a proposed rule 
change that was previously approved by the Commission. Accordingly, OCC 
does not believe that the proposed rule change would have any impact or 
impose a burden on competition.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \19\ and Rule 19b-4(f)(1) \20\ thereunder 
because it constitutes a stated policy, practice, or interpretation 
with respect to the meaning, administration, or enforcement of an 
existing rule.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.\21\
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    \21\ Notwithstanding its immediate effectiveness, implementation 
of this rule change will be delayed until (1) this change is deemed 
certified under CFTC Regulation 40.6 and (2) the implementation of 
the related methodology enhancements on October 1, 2018.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-OCC-2018-011 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2018-011. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of such filing also will be available for inspection 
and copying at the principal office of OCC and on OCC's website at 
https://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_18_011.pdf.
    All comments received will be posted without change. Persons 
submitting comments are cautioned that we do not redact or edit 
personal identifying information from comment submissions. You should 
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-OCC-2018-011 and 
should be submitted on or before September 4, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17395 Filed 8-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                  40379

                                                 The Exchange believes that the                         encourages market participants to                      with respect to the proposed rule
                                              proposed changes to the rebates and fees                  provide liquidity and to send order flow               change that are filed with the
                                              for participation in a cPRIME Auction                     to the Exchange.                                       Commission, and all written
                                              are not going to have an impact on intra-                                                                        communications relating to the
                                                                                                        C. Self-Regulatory Organization’s
                                              market competition based on the total                                                                            proposed rule change between the
                                                                                                        Statement on Comments on the
                                              cost for participants to transact in such                                                                        Commission and any person, other than
                                              order types versus the cost for                           Proposed Rule Change Received From
                                                                                                                                                               those that may be withheld from the
                                              participants to transact in the other                     Members, Participants, or Others
                                                                                                                                                               public in accordance with the
                                              order types available for trading on the                    Written comments were neither                        provisions of 5 U.S.C. 552, will be
                                              Exchange. As noted above, the Exchange                    solicited nor received.                                available for website viewing and
                                              believes that the proposed changes in                     III. Date of Effectiveness of the                      printing in the Commission’s Public
                                              the rebates and fees for the cPRIME                                                                              Reference Room, 100 F Street NE,
                                                                                                        Proposed Rule Change and Timing for
                                              Auction are comparable to that of other                                                                          Washington, DC 20549 on official
                                                                                                        Commission Action
                                              exchanges offering similar electronic                                                                            business days between the hours of
                                              price improvement mechanisms for                             The foregoing rule change has become                10:00 a.m. and 3:00 p.m. Copies of such
                                              complex orders and the Exchange                           effective pursuant to Section                          filing also will be available for
                                              believes that, based on experience with                   19(b)(3)(A)(ii) of the Act,52 and Rule                 inspection and copying at the principal
                                              electronic price improvement crossing                     19b–4(f)(2) 53 thereunder. At any time                 office of the Exchange. All comments
                                              mechanisms on other markets, market                       within 60 days of the filing of the                    received will be posted without change.
                                              participants understand that the price-                   proposed rule change, the Commission                   Persons submitting comments are
                                              improving benefits offered by the                         summarily may temporarily suspend                      cautioned that we do not redact or edit
                                              cPRIME Auction justify the transaction                    such rule change if it appears to the                  personal identifying information from
                                              costs associated with the cPRIME                          Commission that such action is                         comment submissions. You should
                                              Auction. To the extent that there is a                    necessary or appropriate in the public                 submit only information that you wish
                                              difference between non-cPRIME                             interest, for the protection of investors,             to make available publicly. All
                                              Auction transactions and cPRIME                           or otherwise in furtherance of the                     submissions should refer to File
                                              Auction transactions, the Exchange does                   purposes of the Act. If the Commission                 Number SR–MIAX–2018–22, and
                                              not believe this difference will cause                    takes such action, the Commission shall                should be submitted on or before
                                              participants to refrain from responding                   institute proceedings to determine                     September 4, 2018.
                                              to cPRIME Auctions.                                       whether the proposed rule should be
                                                 With respect to cPRIME Auctions, the                   approved or disapproved.                                 For the Commission, by the Division of
                                                                                                                                                               Trading and Markets, pursuant to delegated
                                              Exchange notes that Cboe caps its fees
                                                                                                        IV. Solicitation of Comments                           authority.54
                                              at $0.50 per contract in its complex
                                              order auction mechanisms. And NYSE                          Interested persons are invited to                    Eduardo A. Aleman,
                                              American does not assess its surcharge                    submit written data, views, and                        Assistant Secretary.
                                              in its paired complex auction                             arguments concerning the foregoing,                    [FR Doc. 2018–17393 Filed 8–13–18; 8:45 am]
                                              mechanism. As proposed, the Exchange                      including whether the proposed rule                    BILLING CODE 8011–01–P
                                              will apply its surcharge in its single-                   change is consistent with the Act.
                                              sided complex auction mechanism                           Comments may be submitted by any of
                                              (COA), but it will not apply the                          the following methods:                                 SECURITIES AND EXCHANGE
                                              surcharge in its paired complex auction                                                                          COMMISSION
                                                                                                        Electronic Comments
                                              mechanism (cPRIME). Accordingly, as                                                                              [Release No. 34–83799; File No. SR–OCC–
                                              proposed to be expanded, the                                • Use the Commission’s internet                      2018–011]
                                              Exchange’s surcharge will be more in                      comment form (http://www.sec.gov/
                                              line with Cboe’s and NYSE American’s                      rules/sro.shtml); or                                   Self-Regulatory Organizations; The
                                              surcharges, but it will be no more                          • Send an email to rule-comments@                    Options Clearing Corporation; Notice
                                              expansive than either such exchange.51                    sec.gov. Please include File Number SR–                of Filing and Immediate Effectiveness
                                              Because the Complex Surcharge will not                    MIAX–2018–22 on the subject line.                      of Proposed Rule Change To Make
                                              be applied in its cPRIME Auction, the                     Paper Comments                                         Clarifying and Conforming Changes to
                                              Exchange believes that the proposed                                                                              The Options Clearing Corporation’s
                                              rule change will not impose any burden                      • Send paper comments in triplicate                  Margins Methodology and Margin
                                              on competition not necessary or                           to Secretary, Securities and Exchange                  Policy
                                              appropriate in furtherance of the                         Commission, 100 F Street NE,
                                              purposes of the Act.                                      Washington, DC 20549–1090.                             August 8, 2018.
                                                 The Exchange notes that it operates in                 All submissions should refer to File                      Pursuant to Section 19(b)(1) of the
                                              a highly competitive market in which                      Number SR–MIAX–2018–22. This file                      Securities Exchange Act of 1934
                                              market participants can readily favor                     number should be included on the                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              competing venues if they deem fee                         subject line if email is used. To help the             notice is hereby given that on July 24,
                                              levels at a particular venue to be                        Commission process and review your                     2018, The Options Clearing Corporation
                                              excessive. In such an environment, the                    comments more efficiently, please use                  (‘‘OCC’’) filed with the Securities and
                                              Exchange must continually adjust its                      only one method. The Commission will                   Exchange Commission (‘‘Commission’’)
                                              fees to remain competitive with other                     post all comments on the Commission’s                  the proposed rule change as described
amozie on DSK3GDR082PROD with NOTICES1




                                              exchanges and to attract order flow. The                  internet website (http://www.sec.gov/                  in Items I, II, and III below, which Items
                                              Exchange believes that the proposed                       rules/sro.shtml). Copies of the                        have been prepared by OCC. OCC filed
                                              rule change reflects this competitive                     submission, all subsequent                             the proposed rule change pursuant to
                                              environment because they modify the                       amendments, all written statements
                                              Exchange’s fees in a manner that                                                                                   54 17 CFR 200.30–3(a)(12).
                                                                                                          52 15 U.S.C. 78s(b)(3)(A)(ii).                         1 15 U.S.C. 78s(b)(1).
                                                51 See   supra note 14.                                   53 17 CFR 240.19b–4(f)(2).                             2 17 CFR 240.19b–4.




                                         VerDate Sep<11>2014     19:13 Aug 13, 2018   Jkt 244001   PO 00000   Frm 00168   Fmt 4703    Sfmt 4703   E:\FR\FM\14AUN1.SGM    14AUN1


                                              40380                        Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                              Section 19(b)(3)(A) 3 of the Act and Rule               margin requirement is calculated at the                 a result, OCC would no longer need to
                                              19b–4(f)(1) 4 thereunder so that the                    portfolio level of Clearing Member                      rely on scale factors to approximate day-
                                              proposal was effective upon filing with                 accounts with positions in marginable                   to-day market volatility for equity-based
                                              the Commission. The Commission is                       securities and consists of an estimate of               products.13 Instead, statistical
                                              publishing this notice to solicit                       a 99% expected shortfall 8 over a two-                  parameters would be calibrated on a
                                              comments on the proposed rule change                    day time horizon and an add-on margin                   daily basis, allowing OCC to calculate
                                              from interested persons.                                charge for model risk (the                              more accurate margin requirements that
                                                                                                      concentration/dependence stress test                    are representative of the most recent
                                              I. Clearing Agency’s Statement of the                   charge).9 The STANS methodology is                      market data. OCC therefore proposes to
                                              Terms of Substance of the Proposed                      used to measure the exposure of                         make conforming changes to its Margin
                                              Rule Change                                             portfolios of options and futures cleared               Policy to remove references to scale
                                                 OCC proposes to make clarifying and                  by OCC and cash instruments in margin                   factors and to provide that market data
                                              conforming changes to its Margin Policy                 collateral.                                             would be recalibrated on an at least
                                              and Margins Methodology related to                         On May 23, 2018, the Commission                      weekly-basis with a daily recalibration
                                              enhancements to OCC’s margin                            issued a Notice of No Objection to                      performed where possible (as opposed
                                              methodology that were recently                          OCC’s advance notice filing concerning                  to recalibrating on a monthly-basis).
                                              approved by the Commission. The                         a number of enhancements to OCC’s                          OCC also proposes to revise its
                                              proposed changes to the Margin Policy                   margin methodology.10 The proposed                      Margins Methodology to clarify certain
                                              and Margins Methodology are included                    changes were designed to enable OCC                     constraints on first and second day
                                              as confidential Exhibits 5A and 5B,                     to: (1) Obtain daily price data for equity              conditional variance estimates that
                                              respectively. Material proposed to be                   products for use in the daily estimation                would be imposed as part of the
                                              added to the Margin Policy and Margins                  of econometric model parameters; (2)                    implementation of the methodology
                                              Methodology as currently in effect is                   enhance OCC’s econometric model for                     enhancements in the Initial Filings. As
                                              underlined and material proposed to be                  updating statistical parameters for all                 part of the Initial Filings, OCC
                                              deleted is marked in strikethrough text.                risk factors that reflect the most recent               introduced a second-day forecast for
                                              All capitalized terms not defined herein                data obtained; (3) improve the                          volatility into the model to estimate the
                                              have the same meaning as set forth in                   sensitivity and stability of correlation                two-day scenario distributions for risk
                                              the OCC By-Laws and Rules.5                             estimates across risk factors by using de-              factors.14 OCC proposes to clarify in its
                                                                                                      volatized returns; and (4) improve                      Margins Methodology that OCC would
                                              II. Clearing Agency’s Statement of the                  OCC’s methodology related to the                        impose an upper-bound limitation on
                                              Purpose of, and Statutory Basis for, the                treatment of defaulting securities. On                  the second-day conditional variance
                                              Proposed Rule Change                                    May 24, 2018, the Commission                            estimate in order to ensure that the
                                                 In its filing with the Commission,                   approved a proposed rule changed by                     expected shortfall is finite. Specifically,
                                              OCC included statements concerning                      OCC concerning these same                               in the implementation of the new
                                              the purpose of and basis for the                        enhancements (collectively with the                     methodology, OCC would floor the day
                                              proposed rule change and discussed any                  advance notice filing, the ‘‘Initial                    ahead and second day conditional
                                              comments it received on the proposed                    Filings’’).11 The purpose of this                       variance for STANS at 100% every day.
                                              rule change. The text of these statements               proposed rule change is to make                            Finally, OCC proposes to revise its
                                              may be examined at the places specified                 clarifying and conforming changes to                    Margins Methodology to clarify that the
                                              in Item IV below. OCC has prepared                      OCC’s Margin Policy and Margins                         proposed changes from the Initial
                                              summaries, set forth in sections (A), (B),              Methodology related to the                              Filings and the proposed changes
                                              and (C) below, of the most significant                  implementation of the methodology                       described herein would not be
                                              aspects of these statements.                            enhancements in the Initial Filings. The                implemented until October 1, 2018.
                                                                                                      proposed changes are described in                       (2) Statutory Basis
                                              (A) Clearing Agency’s Statement of the                  detail below.
                                              Purpose of, and Statutory Basis for, the                                                                          Section 17A(b)(3)(F) of the Act,
                                              Proposed Rule Change                                    Proposed Changes                                        requires, among other things, that the
                                              (1) Purpose                                               OCC proposes to revise its Margin                     rules of a clearing agency be designed,
                                                                                                      Policy to reflect the use of daily price
                                              Background                                              data in its margin models. Under the                       13 Prior to the implementation of daily updates,

                                                                                                      Initial Filings, the statistical parameters             OCC would continue to employ an approach where
                                                OCC’s margin methodology, the                                                                                 one or many identified market proxies (or ‘‘scale-
                                              System for Theoretical Analysis and                     for OCC’s econometric model would be                    factors’’) are used to incorporate day-to-day market
                                              Numerical Simulations (‘‘STANS’’), is                   updated on a daily basis using the new                  volatility across all associated asset classes
                                              OCC’s proprietary risk management                       daily price data obtained by OCC.12 As                  throughout. In 2017, the Commission approved a
                                                                                                                                                              proposed rule change and issued a Notice of No
                                              system that calculates Clearing Member                                                                          Objection to an advance notice filing by OCC
                                                                                                         8 The expected shortfall component is established
                                              margin requirements.6 STANS utilizes                                                                            which, among other things: (1) Expanded the
                                                                                                      as the estimated average of potential losses higher     number of scale factors used for equity-based
                                              large-scale Monte Carlo simulations to                  than the 99% value at risk threshold. The term          products to more accurately measure the
                                              forecast price and volatility movements                 ‘‘value at risk’’ or ‘‘VaR’’ refers to a statistical    relationship between current and long-run market
                                              in determining a Clearing Member’s                      technique that, generally speaking, is used in risk     volatility with proxies that correlate more closely to
                                              margin requirement.7 The STANS                          management to measure the potential risk of loss for    certain products carried within the equity asset
                                                                                                      a given set of assets over a particular time horizon.   class, and (2) applied relevant scale factors to the
                                                                                                         9 A detailed description of the STANS
                                                3 15                                                                                                          greater of (i) the estimated variance of 1-day return
                                                     U.S.C. 78s(b)(3)(A).
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                                                                                                      methodology is available at http://                     scenarios or (ii) the historical variance of the daily
                                                4 17 CFR 240.19b–4(f)(1).                             optionsclearing.com/risk-management/margins/.           return scenarios of a particular instrument, as a
                                                5 OCC’s By-Laws and Rules can be found on                10 See Securities Exchange Act Release No. 83305
                                                                                                                                                              floor to mitigate procyclicality. See Securities
                                              OCC’s public website: http://optionsclearing.com/       (May 23, 2018), 83 FR 24536 (May 29, 2018) (SR–         Exchange Act Release No. 80147 (March 3, 2017),
                                              about/publications/bylaws.jsp.                          OCC–2017–811).                                          82 FR 13163 (March 9, 2017) (SR–OCC–2017–001)
                                                6 See Securities Exchange Act Release No. 53322          11 See Securities Exchange Act Release No. 83326     and Securities Exchange Act Release No. 80143
                                              (February 15, 2006), 71 FR 9403 (February 23, 2006)     (May 24, 2018), 83 FR 25081 (May 31, 2018) (SR–         (March 2, 2017), 82 FR 13036 (March 8, 2017) (SR–
                                              (SR–OCC–2004–20).                                       OCC–2017–022).                                          OCC–2017–801).
                                                7 See OCC Rule 601.                                      12 See supra notes 10 and 11.                           14 See supra notes 10 and 11.




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                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                 40381

                                              in general, to protect investors and the                stated policy, practice, or interpretation            filing also will be available for
                                              public interest.15 The proposed rule                    with respect to the meaning,                          inspection and copying at the principal
                                              change would make a number of                           administration, or enforcement of an                  office of OCC and on OCC’s website at
                                              clarifying and conforming changes to                    existing rule.                                        https://www.theocc.com/components/
                                              OCC’s Margin Policy and Margins                            At any time within 60 days of the                  docs/legal/rules_and_bylaws/sr_occ_18_
                                              Methodology related to enhancements                     filing of the proposed rule change, the               011.pdf.
                                              to OCC’s margin methodology that were                   Commission summarily may                                 All comments received will be posted
                                              recently approved by the Commission.16                  temporarily suspend such rule change if               without change. Persons submitting
                                              Specifically, the proposed rule change is               it appears to the Commission that such                comments are cautioned that we do not
                                              designed to improve OCC’s policy and                    action is necessary or appropriate in the             redact or edit personal identifying
                                              methodology documentation by                            public interest, for the protection of                information from comment submissions.
                                              clarifying certain implementation                       investors, or otherwise in furtherance of             You should submit only information
                                              details of the methodology changes in                   the purposes of the Act.21                            that you wish to make available
                                              the Initial Filings, ensuring that OCC’s                                                                      publicly.
                                                                                                      IV. Solicitation of Comments                             All submissions should refer to File
                                              Margin Policy is properly aligned with
                                              the methodology enhancements upon                         Interested persons are invited to                   Number SR–OCC–2018–011 and should
                                              their implementation, and clarifying the                submit written data, views and                        be submitted on or before September 4,
                                              implementation date for these changes.                  arguments concerning the foregoing,                   2018.
                                              OCC believes that the proposed rule                     including whether the proposed rule                     For the Commission, by the Division of
                                              change is therefore designed, in general,               change is consistent with the Act.                    Trading and Markets, pursuant to delegated
                                              to protect investors and the public                     Comments may be submitted by any of                   authority.22
                                              interest in accordance with Section                     the following methods:                                Eduardo A. Aleman,
                                              17A(b)(3)(F) of the Act.17                              Electronic Comments                                   Assistant Secretary.
                                                                                                                                                            [FR Doc. 2018–17395 Filed 8–13–18; 8:45 am]
                                              (B) Clearing Agency’s Statement on                        • Use the Commission’s internet
                                              Burden on Competition                                   comment form (http://www.sec.gov/                     BILLING CODE 8011–01–P

                                                Section 17A(b)(3)(I) of the Act 18                    rules/sro.shtml); or
                                              requires that the rules of a clearing                     • Send an email to rule-comments@
                                              agency not impose any burden on                         sec.gov. Please include File Number SR–               SMALL BUSINESS ADMINISTRATION
                                              competition not necessary or                            OCC–2018–011 on the subject line.
                                                                                                                                                            Reporting and Recordkeeping
                                              appropriate in furtherance of the                       Paper Comments                                        Requirements Under OMB Review
                                              purposes of the Act. OCC does not
                                              believe that the proposed rule change                     • Send paper comments in triplicate                 AGENCY:      Small Business Administration.
                                              would have any impact or impose a                       to Brent J. Fields, Secretary, Securities             ACTION:     30-Day notice.
                                              burden on competition. The proposed                     and Exchange Commission, 100 F Street
                                              rule change is intended to make                         NE, Washington, DC 20549–1090.                        SUMMARY:   The Small Business
                                              clarifying and conforming changes to                    All submissions should refer to File                  Administration (SBA) is publishing this
                                              OCC’s Margin Policy and Margins                         Number SR–OCC–2018–011. This file                     notice to comply with requirements of
                                              Methodology in connection with the                      number should be included on the                      the Paperwork Reduction Act (PRA),
                                              implementation of a proposed rule                       subject line if email is used. To help the            which requires agencies to submit
                                              change that was previously approved by                  Commission process and review your                    proposed reporting and recordkeeping
                                              the Commission. Accordingly, OCC                        comments more efficiently, please use                 requirements to OMB for review and
                                              does not believe that the proposed rule                 only one method. The Commission will                  approval, and to publish a notice in the
                                              change would have any impact or                         post all comments on the Commission’s                 Federal Register notifying the public of
                                              impose a burden on competition.                         internet website (http://www.sec.gov/                 that submission.
                                                                                                      rules/sro.shtml). Copies of the                       DATES: Submit comments on or before
                                              (C) Clearing Agency’s Statement on                      submission, all subsequent                            September 13, 2018.
                                              Comments on the Proposed Rule                           amendments, all written statements                    ADDRESSES: Comments should refer to
                                              Change Received From Members,                           with respect to the proposed rule                     the information collection by name and/
                                              Participants or Others                                  change that are filed with the                        or OMB Control Number and should be
                                                Written comments on the proposed                      Commission, and all written                           sent to: Agency Clearance Officer, Curtis
                                              rule change were not and are not                        communications relating to the                        Rich, Small Business Administration,
                                              intended to be solicited with respect to                proposed rule change between the                      409 3rd Street SW, 5th Floor,
                                              the proposed rule change and none have                  Commission and any person, other than                 Washington, DC 20416; and SBA Desk
                                              been received.                                          those that may be withheld from the                   Officer, Office of Information and
                                              III. Date of Effectiveness of the                       public in accordance with the                         Regulatory Affairs, Office of
                                              Proposed Rule Change and Timing for                     provisions of 5 U.S.C. 552, will be                   Management and Budget, New
                                              Commission Action                                       available for website viewing and                     Executive Office Building, Washington,
                                                                                                      printing in the Commission’s Public                   DC 20503.
                                                 The foregoing rule change has become                 Reference Room, 100 F Street NE,                      FOR FURTHER INFORMATION CONTACT:
                                              effective pursuant to Section 19(b)(3)(A)               Washington, DC 20549, on official                     Curtis Rich, Agency Clearance Officer,
                                              of the Act 19 and Rule 19b–4(f)(1) 20                   business days between the hours of                    (202) 205–7030, curtis.rich@sba.gov.
amozie on DSK3GDR082PROD with NOTICES1




                                              thereunder because it constitutes a                     10:00 a.m. and 3:00 p.m. Copies of such                  Copies: A copy of the Form OMB 83–
                                                15 17
                                                                                                                                                            1, supporting statement, and other
                                                      U.S.C. 78q–1(b)(3)(F).
                                                16 See supra notes 10 and 11 and associated text.
                                                                                                        21 Notwithstanding its immediate effectiveness,
                                                                                                                                                            documents submitted to OMB for
                                                                                                      implementation of this rule change will be delayed    review may be obtained from the
                                                17 17 U.S.C. 78q–1(b)(3)(F).
                                                                                                      until (1) this change is deemed certified under
                                                18 15 U.S.C. 78q–1(b)(3)(I).
                                                                                                      CFTC Regulation 40.6 and (2) the implementation       Agency Clearance Officer.
                                                19 15 U.S.C. 78s(b)(3)(A).
                                                                                                      of the related methodology enhancements on
                                                20 17 CFR 240.19b–4(f)(1).                            October 1, 2018.                                        22 17   CFR 200.30–3(a)(12).



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Document Created: 2018-08-14 02:20:01
Document Modified: 2018-08-14 02:20:01
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 Citation83 FR 40379 

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