Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing of Advance Notice and Notice of No Objection Relating to the Replacement of the Prepayment Component of the Value-at-Risk Charge, 76311-76314 [2012-31129]
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Federal Register / Vol. 77, No. 248 / Thursday, December 27, 2012 / Notices
and its investment adviser(s), or any
person controlling, controlled by or
under common control with such
investment adviser(s).
5. The Investing Fund Advisor, or
Trustee or Sponsor, as applicable, will
waive fees otherwise payable to it by the
Investing Fund in an amount at least
equal to any compensation (including
fees received pursuant to any plan
adopted by a Fund under rule 12b-1
under the Act) received from a Fund by
the Investing Fund Advisor, or Trustee
or Sponsor, or an affiliated person of the
Investing Fund Advisor, or Trustee or
Sponsor, other than any advisory fees
paid to the Investing Fund Advisor, or
Trustee, or Sponsor, or its affiliated
person by the Fund, in connection with
the investment by the Investing Fund in
the Fund. Any Investing Fund SubAdvisor will waive fees otherwise
payable to the Investing Fund SubAdvisor, directly or indirectly, by the
Investing Management Company in an
amount at least equal to any
compensation received from a Fund by
the Investing Fund Sub-Advisor, or an
affiliated person of the Investing Fund
Sub-Advisor, other than any advisory
fees paid to the Investing Fund SubAdvisor or its affiliated person by the
Fund, in connection with the
investment by the Investing
Management Company in the Fund
made at the direction of the Investing
Fund Sub-Advisor. In the event that the
Investing Fund Sub-Advisor waives
fees, the benefit of the waiver will be
passed through to the Investing
Management Company.
6. No Investing Fund or Investing
Fund Affiliate (except to the extent it is
acting in its capacity as an investment
adviser to a Fund) will cause a Fund to
purchase a security in an Affiliated
Underwriting.
7. The Board of a Fund, including a
majority of the independent directors or
trustees, will adopt procedures
reasonably designed to monitor any
purchases of securities by the Fund in
an Affiliated Underwriting, once an
investment by an Investing Fund in the
securities of the Fund exceeds the limit
of section 12(d)(1)(A)(i) of the Act,
including any purchases made directly
from an Underwriting Affiliate. The
Board will review these purchases
periodically, but no less frequently than
annually, to determine whether the
purchases were influenced by the
investment by the Investing Fund in the
Fund. The Board will consider, among
other things: (i) Whether the purchases
were consistent with the investment
objectives and policies of the Fund; (ii)
how the performance of securities
purchased in an Affiliated Underwriting
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compares to the performance of
comparable securities purchased during
a comparable period of time in
underwritings other than Affiliated
Underwritings or to a benchmark such
as a comparable market index; and (iii)
whether the amount of securities
purchased by the Fund in Affiliated
Underwritings and the amount
purchased directly from an
Underwriting Affiliate have changed
significantly from prior years. The
Board will take any appropriate actions
based on its review, including, if
appropriate, the institution of
procedures designed to assure that
purchases of securities in Affiliated
Underwritings are in the best interest of
shareholders of the Fund.
8. Each Fund will maintain and
preserve permanently in an easily
accessible place a written copy of the
procedures described in the preceding
condition, and any modifications to
such procedures, and will maintain and
preserve for a period of not less than six
years from the end of the fiscal year in
which any purchase in an Affiliated
Underwriting occurred, the first two
years in an easily accessible place, a
written record of each purchase of
securities in Affiliated Underwritings
once an investment by an Investing
Fund in the securities of the Fund
exceeds the limit of section
12(d)(1)(A)(i) of the Act, setting forth
from whom the securities were
acquired, the identity of the
underwriting syndicate’s members, the
terms of the purchase, and the
information or materials upon which
the Board’s determinations were made.
9. Before investing in a Fund in
excess of the limits in section
12(d)(1)(A), an Investing Fund will
execute a FOF Participation Agreement
with the Fund stating that their
respective boards of directors or trustees
and their investment advisers, or
Trustee and Sponsor, as applicable,
understand the terms and conditions of
the order, and agree to fulfill their
responsibilities under the order. At the
time of its investment in Shares of a
Fund in excess of the limit in section
12(d)(1)(A)(i), an Investing Fund will
notify the Fund of the investment. At
such time, the Investing Fund will also
transmit to the Fund a list of the names
of each Investing Fund Affiliate and
Underwriting Affiliate. The Investing
Fund will notify the Fund of any
changes to the list as soon as reasonably
practicable after a change occurs. The
Fund and the Investing Fund will
maintain and preserve a copy of the
order, the FOF Participation Agreement,
and the list with any updated
information for the duration of the
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investment and for a period of not less
than six years thereafter, the first two
years in an easily accessible place.
10. Before approving any advisory
contract under section 15 of the Act, the
board of directors or trustees of each
Investing Management Company,
including a majority of the independent
directors or trustees, will find that the
advisory fees charged under such
contract are based on services provided
that will be in addition to, rather than
duplicative of, the services provided
under the advisory contract(s) of any
Fund in which the Investing
Management Company may invest.
These findings and their basis will be
recorded fully in the minute books of
the appropriate Investing Management
Company.
11. Any sales charges and/or service
fees charged with respect to shares of an
Investing Fund will not exceed the
limits applicable to a fund of funds as
set forth in NASD Conduct Rule 2830.
12. No Fund relying on the section
12(d)(1) relief will acquire securities of
any investment company or company
relying on section 3(c)(1) or 3(c)(7) of
the Act in excess of the limits contained
in section 12(d)(1)(A) of the Act, except
to the extent permitted by exemptive
relief from the Commission permitting
the Fund to purchase shares of other
investment companies for short-term
cash management purposes.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Kevin M. O’Neill,
Deputy Secretary
[FR Doc. 2012–31131 Filed 12–26–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68498; File No. AN–FICC–
2012–09]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Notice of
Filing of Advance Notice and Notice of
No Objection Relating to the
Replacement of the Prepayment
Component of the Value-at-Risk
Charge
December 20, 2012.
Pursuant to Section 806(e)(1) of the
Payment, Clearing, and Settlement
Supervision Act of 2012 (‘‘Clearing
Supervision Act’’) 1 and Rule 19b–
4(n)(1)(i),2 notice is hereby given that on
November 14, 2012, the Fixed Income
Clearing Corporation (‘‘FICC’’) filed
1 12
2 17
E:\FR\FM\27DEN1.SGM
U.S.C. 5465(e)(1).
CFR 240.19b–4(n)(1)(i).
27DEN1
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Federal Register / Vol. 77, No. 248 / Thursday, December 27, 2012 / Notices
with the Securities and Exchange
Commission (‘‘Commission’’) the
advance notice described in Items I and
II below, which Items have been
prepared primarily by FICC. This
publication serves as notice of no
objection to the advance notice and
solicits comments on the advance notice
from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Advance
Notice
FICC is proposing to replace the
prepayment model component
(‘‘Prepayment Model Change’’) of the
Mortgage-Backed Securities Division
(‘‘MBSD’’) Value-at-Risk charge (‘‘VaR
Charge’’).
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
In its filing with the Commission,
FICC included statements concerning
the purpose of and basis for the advance
notice and discussed any comments it
received on the proposed rule change
and advance notice. The text of these
statements may be examined at the
places specified in Item IV below. FICC
has prepared summaries, set forth in
sections A and B below, of the most
significant aspects of such statements.3
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
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Description of Change
(i) Overview
A key component of each MBSD
clearing member’s Required Fund
Deposit (e.g., margin) is the VaR
Charge.4 The VaR Charge is based on
simulating to-be-announced (‘‘TBA’’)
price returns which are dependent on
projecting interest rates and prepayment
levels. FICC maps TBA eligible pools
into TBA CUSIPS for cash flow
calculations. The cash flow of a TBA
CUSIP is the sum of all discounted
future monthly cash flows. The future
cash flows include the projected
monthly principal payment (both
scheduled payment and prepayment)
and interest rate expense on the
estimated outstanding balance.
The MBSD currently uses a
prepayment model developed by the
Office of Thrift Supervision (‘‘OTS’’);
this particular model is no longer being
supported with parameter updates.
Therefore, the MBSD is proposing to
replace the current model it is using
with a new one which it has developed.
3 The Commission has modified the text of the
summaries prepared by FICC.
4 See MBSD Rule 4.
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(ii) Structure of the New Model
The proposed new prepayment model
would rely on market-observed data that
would allow calibration to occur on a
regular basis to capture the prepayment
risk of the mortgage pools underlying
the TBAs. Model parameters will be
updated daily using a rolling window of
252-day historical two-year swap rates,
ten-year swap rates, and mortgage
current coupons for a given product
category.
The two-year benchmark would allow
FICC to estimate the potential
prepayment impact from refinance
opportunities offered by the adjustable
rate mortgage market. The ten-year swap
rate is a standard benchmark for fixed
rate mortgages. The current coupon
rates are implied from the TBA market
prices. Therefore, the FICC believes that
the new model will be more responsive
to changing market conditions than the
current prepayment model.
A key component of any prepayment
model is a mortgage rate model which
estimates the current coupon (the
secondary mortgage rate) for the TBA
mortgage pools under various interest
rate scenarios. The monthly prepayment
speed will be estimated based on
intensity function based on the
refinancing incentive, loan age, and
burnout (percentage of loans that fail to
prepay despite apparent refinance
incentives). This monthly prepayment
speed is used to simulate TBA price
returns for the VaR Charge component
of the MBSD margin calculation. In the
OTS model, the concept of
‘‘seasonality’’ is directly incorporated
into the prepayment model. The factor
is less of a driver of mortgage
prepayment activity and FICC does not
believe that it is necessary to
incorporate this as a distinct assumption
in the new prepayment model. There is
a minor effect of seasonality through the
pool factor.
During the analysis and design phase
of the new prepayment model, FICC
considered whether to utilize a
‘‘security level’’ model versus a ‘‘loan
level’’ model. Loan level models focus
on loan-to-value ratio, credit score, and
spread at origination, which are aspects
of hedging and risk assessment—
particularly in evaluating exposure to
involuntary prepayments (foreclosure,
work-outs, etc.) that typically arise
beyond TBA settlement cycle (less than
90 days). Loan level models are
generally used by firms that trade and
initiate mortgage-backed securities.
FICC, whose processing activity at the
MBSD spans a short horizon, chose a
security level prepayment model which
measures security level attributes that
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can measure short-term prepayment
speed, i.e., the spread between the
current coupon and the TBA coupon,
seasoning, and average maturity. These
are key attributes of voluntary
prepayments that can impact TBA
prices during the settlement cycle.
FICC’s external model validation team
concluded that the proposed
prepayment model is appropriate in
measuring short-term prepayment
speeds.
Anticipated Effect on and Management
of Risks
FICC believes that the proposed
Prepayment Model Change will enhance
the risk management of the positions
cleared at the MBSD. First, FICC
believes that the proposed Prepayment
Model Change will enhance risk
management because the current
prepayment model is no longer being
supported with parameter updates, and
thus relies on stale information and
produces possibly inaccurate results.
Second, as part of the migration to the
new model, several steps were taken to
reduce the potential risks to FICC and
its members, including: validation of the
proposed model by an external party,
back-testing to validate model
performance and analysis to determine
the impact of the changes to the VaR
requirements for the MBSD Members.
Results of FICC’s analysis indicate that
the proposed Prepayment Model Change
will be more responsive to changing
market dynamics and FICC believes it
will not negatively impact FICC and its
members.
(B) Clearing Agency’s Statement on
Comments on the Advance Notice
Received From Members, Participants,
or Others
No written comments were solicited
or received with respect to the proposed
change.
III. Date of Effectiveness of the Advance
Notice and Timing for Commission
Action
The proposed changes contained in
the advance notice may be implemented
pursuant to Section 806(e)(1)(G) of
Clearing Supervision Act 5 if the
Commission does not object to the
proposed changes within 60 days of the
later of (i) the date that the Commission
receives the notice of the proposed
changes or (ii) the date the Commission
receives any further information it
requests for consideration of the notice.
The clearing agency shall not
implement the proposed changes
contained in the advance notice if the
5 12
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U.S.C. 5465(e)(1)(G).
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Federal Register / Vol. 77, No. 248 / Thursday, December 27, 2012 / Notices
Commission objects to the proposed
changes.6
The Commission may extend the
period for review by an additional 60
days if the proposed changes raise novel
or complex issues, subject to the
Commission providing the clearing
agency with prompt written notice of
the extension.7 Proposed changes may
be implemented in fewer than 60 days
from the receipt of the advance notice,
or the date the Commission receives any
further information it requested, if the
Commission notifies the clearing agency
in writing that it does not object to the
proposed changes and authorizes the
clearing agency to implement the
proposed changes on an earlier date,
subject to any conditions imposed by
the Commission.8
The clearing agency shall post notice
on its web site of proposed changes that
are implemented.9
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing.
Comments may be submitted by any of
the following methods:
tkelley on DSK3SPTVN1PROD with
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number AN–FICC–2012–09 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number AN–FICC–2012–09. 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 (https://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
6 12
U.S.C. 5465(e)(1)(F).
U.S.C. 5465(e)(1)(H).
8 12 U.S.C. 5465(e)(1)(I).
9 17 CFR 240.19b–4(n)(1)(i).
16:53 Dec 26, 2012
V. Commission Findings and Notice of
No Objection
(A) Standard of Review
Although Title VIII does not specify a
standard that the Commission must
apply to determine whether to object to
an advance notice, the Commission
believes that the purpose of Title VIII,
as stated under Section 802(b),10 is
relevant to the review of advance
notices.
The stated purpose of Title VIII is to
mitigate systemic risk in the financial
system and promote financial stability,
by (among other things) authorizing the
Federal Reserve Board to promote
uniform risk management standards for
systemically important FMUs, and
providing an enhanced role for the
Federal Reserve Board in the
supervising of risk management
standards for systemically important
FMUs.11 Therefore, the Commission
believes that when reviewing advance
notices for FMUs, the consistency of an
advance notice with Title VIII may be
judged principally by reference to the
consistency of the advance notice with
applicable rules of the Federal Reserve
Board governing payment, clearing, and
settlement activity of the designated
FMU.12
Section 805(a) requires the Federal
Reserve Board and authorizes the
Commission to prescribe standards for
the payment, clearing, and settlement
activities of FMUs designated as
systemically important, in consultation
with the supervisory agencies. Section
10 12
U.S.C. 5461(b).
U.S.C. 5461(b).
12 See Financial Market Utilities, 77 FR 45907
(Aug. 2, 2012).
7 12
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public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filings also will be available for
inspection and copying at the principal
office of FICC and on FICC’s Web site
at https://www.dtcc.com/downloads/
legal/rule_filings/2012/ficc/FICC–AN–
2012–09.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 AN–FICC–2012–09 and should
be submitted on or before January 17,
2013.
11 12
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76313
805(b) of the Clearing Supervision Act 13
requires that the objectives and
principles for the risk management
standards prescribed under Section
805(a) shall be to:
• Promote robust risk management;
• Promote safety and soundness;
• Reduce systemic risks; and
• Support the stability of the broader
financial system.
The relevant rules of the Federal
Reserve Board prescribing risk
management standards for designated
FMUs by their terms do not apply to
designated FMUs that are clearing
agencies registered with the
Commission.14 Therefore, the
Commission believes that the objectives
and principles by which the Federal
Reserve Board is required and the
Commission is authorized to promulgate
such rules, as expressed in Section
805(b) of Title VIII,15 are the appropriate
standards at this time by which to
evaluate advance notices.16
Accordingly, the analysis set forth
below is organized by reference to the
stated objectives and principles in
Section 805(b).
(B) Discussion of Advance Notice
The modeling of Prepayment Risk
could significantly affect the risk
management functions of the clearing
agency that are related to systemic risk.
The output of a prepayment model
becomes an input into the calculation of
the VaR Charge, which in turn
determines a member’s required
clearing fund deposit. Weaknesses in
the model could lead to the clearing
fund being inappropriately low, and
thus exposing the clearing agency to
greater risk should a member default.
The OTS Model is no longer
supported by parameter updates and has
not been supported by such updates
since December 31, 2011. The current
model’s reliance on stale parameters
results in a potentially inaccurate
determination of the speed of
prepayments and thus a potentially
inaccurate VaR Charge. This lack of
calibration makes the OTS Model
13 12
U.S.C. 5464(b).
CFR 234.1(b).
15 12 U.S.C. 5464(b).
16 The risk management standards that have been
adopted by the Commission in Rule 17Ad–22 are
substantially similar to those of the Federal Reserve
Board applicable to designated FMUs other than
those designated clearing organizations registered
with the CFTC or clearing agencies registered with
the Commission. See Clearing Agency Standards,
Exchange Act Release No. 34–68080 (Oct. 22, 2012).
To the extent such Commission standards are in
effect at the time advance notices are reviewed in
the future, the standards would be relevant to the
analysis. Moreover, the analysis of clearing agency
rule filings under the Exchange Act would
incorporate such standards directly.
14 12
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Federal Register / Vol. 77, No. 248 / Thursday, December 27, 2012 / Notices
unreliable and increases the risk that
MBSD is not collecting sufficient margin
given market conditions. Moving to the
FICC Model that can be updated as the
economic environment changes
promotes robust risk management and
reduces systemic risk because these
changes can be more accurately
reflected in margin calculations.
The Commission is conditioning its
notice of no objection on FICC
implementing policies and procedures
reasonably designed to ensure that FICC
timely analyzes and monitors the
performance and appropriateness of the
FICC Model. As discussed above, the
OTS model directly incorporates the
concept of seasonality, while the FICC
model does not. In addition, the FICC
model relies on market-observed data to
capture the prepayment risk of the
mortgage pools underlying the TBAs.
The Commission understands that the
OTS and many industry models use
historical data on actual prepayments to
determine the level of prepayment risk.
The Commission believes it is important
for both FICC and the Commission to
observe how the FICC model compares
to actual seasonality and prepayment
history, two parameters that had
previously informed the OTS model. As
a result, the Commission would expect
such policies and procedures to assess
the performance of the FICC Model as
compared to other published or
calculated prepayment rate forecasts
and to analyze the VaR coverage
resulting from the use of the FICC
Model as compared to the coverage that
would be obtained after applying
alternate VaR methodologies, such as
the index-based haircut methodology
already utilized by FICC. The
Commission expects that this analysis
would be disseminated to the
Commission on a monthly basis.
The Commission believes that the
replacement of the OTS Model with the
FICC Model, subject to the conditions
described above, meets the objectives
and principles for the risk management
standards prescribed under Section
805(a). The ability for FICC to update
the FICC Model in response to changing
economic conditions allows FICC to
more appropriately calculate and collect
margin, which better enables FICC to
respond in the event that a member
defaults. This in turn promotes robust
risk management and safety and
soundness, reduces systemic risk and
supports the stability of the broader
financial system.
Conclusion
By the Commission.
Kevin O’Neill,
Deputy Secretary.
[FR Doc. 2012–31129 Filed 12–26–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68490; File No. SR–CME–
2012–46]
Self-Regulatory Organizations;
Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend the Fee Schedule
Applicable to its OTC Credit Default
Swap Clearing Offering
December 20, 2012.
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 December
18, 2012, the Chicago Mercantile
Exchange Inc. (‘‘CME’’ or ‘‘Exchange’’)
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 primarily by CME.
CME filed the proposed rule change
pursuant to Section 19(b)(3)(A)(ii) 3 of
the Act and Rule 19b–4(f)(2) 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.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
CME is proposing to amend the fee
schedule that currently applies to its
OTC Credit Default Swap clearing
offering. The text of the proposed rule
change is available at the Exchange’s
Web site at https://www.cmegroup.com,
17 12
U.S.C. 5465(e)(1)(I).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
1 15
It is therefore noticed, pursuant to
Section 806(e)(1)(I) of the Clearing
VerDate Mar<15>2010
Supervision Act,17 that, the Commission
does not object to the Prepayment
Model Change (File No. AN–FICC–
2012–09) and that FICC be and hereby
is authorized to implement the
Prepayment Model Change (File No.
AN–FICC–2012–09) subject to FICC
implementing policies and procedures
reasonably designed to ensure that FICC
timely analyzes and monitors the
performance and appropriateness of the
FICC Model.
16:53 Dec 26, 2012
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at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, the
clearing agency 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. The
clearing agency has prepared
summaries, set forth in sections (A), (B)
and (C) below, of the most significant
aspects of such statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
This filing proposes to make minor
amendments to the current fee schedule
that applies to CDX North American
Index Credit Default Swaps cleared at
CME. The only modification that is
proposed is to extend the current twenty
five percent (25%) discount of base
clearing fees for all market participants
that clear OTC North American Index
CDS products at CME for another year.
This discount was scheduled to expire
as of December 31, 2012.
The proposed changes are related to
fees and therefore will become effective
immediately. However, the proposed fee
changes will become operative as of
January 2, 2013. CME has also certified
the proposed rule changes that are the
subject of this filing to the Commodity
Futures Trading Commission (‘‘CFTC’’),
in CFTC Submission 12–464.
The proposed CME rule amendments
establish or change a member due, fee,
or other charge imposed by CME under
Section 19(b)(3)(A)(ii) of the Securities
Exchange Act of 1934 and Rule 19b–
4(f)(2) thereunder. CME believes that the
proposed rule change is consistent with
the requirements of the Securities
Exchange Act of 1934 and the rules and
regulations thereunder and, in
particular, to 17A(b)(3)(D), in that it
provides for the equitable allocation of
reasonable dues, fees, and other charges
among participants. The proposed
changes apply to all market participants
clearing trades at CME. CME believes
the modifications should encourage
firms to submit additional volume into
the system which should help ensure
readiness and also help build open
interest ahead of a regulatory mandate.
CME notes that it operates in a highly
competitive market in which market
participants can readily direct business
to competing venues.
E:\FR\FM\27DEN1.SGM
27DEN1
Agencies
[Federal Register Volume 77, Number 248 (Thursday, December 27, 2012)]
[Notices]
[Pages 76311-76314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31129]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68498; File No. AN-FICC-2012-09]
Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing of Advance Notice and Notice of No Objection Relating
to the Replacement of the Prepayment Component of the Value-at-Risk
Charge
December 20, 2012.
Pursuant to Section 806(e)(1) of the Payment, Clearing, and
Settlement Supervision Act of 2012 (``Clearing Supervision Act'') \1\
and Rule 19b-4(n)(1)(i),\2\ notice is hereby given that on November 14,
2012, the Fixed Income Clearing Corporation (``FICC'') filed
[[Page 76312]]
with the Securities and Exchange Commission (``Commission'') the
advance notice described in Items I and II below, which Items have been
prepared primarily by FICC. This publication serves as notice of no
objection to the advance notice and solicits 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
FICC is proposing to replace the prepayment model component
(``Prepayment Model Change'') of the Mortgage-Backed Securities
Division (``MBSD'') Value-at-Risk charge (``VaR Charge'').
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice
In its filing with the Commission, FICC included statements
concerning the purpose of and basis for the advance notice and
discussed any comments it received on the proposed rule change and
advance notice. The text of these statements may be examined at the
places specified in Item IV below. FICC has prepared summaries, set
forth in sections A and B below, of the most significant aspects of
such statements.\3\
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\3\ The Commission has modified the text of the summaries
prepared by FICC.
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(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice
Description of Change
(i) Overview
A key component of each MBSD clearing member's Required Fund
Deposit (e.g., margin) is the VaR Charge.\4\ The VaR Charge is based on
simulating to-be-announced (``TBA'') price returns which are dependent
on projecting interest rates and prepayment levels. FICC maps TBA
eligible pools into TBA CUSIPS for cash flow calculations. The cash
flow of a TBA CUSIP is the sum of all discounted future monthly cash
flows. The future cash flows include the projected monthly principal
payment (both scheduled payment and prepayment) and interest rate
expense on the estimated outstanding balance.
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\4\ See MBSD Rule 4.
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The MBSD currently uses a prepayment model developed by the Office
of Thrift Supervision (``OTS''); this particular model is no longer
being supported with parameter updates. Therefore, the MBSD is
proposing to replace the current model it is using with a new one which
it has developed.
(ii) Structure of the New Model
The proposed new prepayment model would rely on market-observed
data that would allow calibration to occur on a regular basis to
capture the prepayment risk of the mortgage pools underlying the TBAs.
Model parameters will be updated daily using a rolling window of 252-
day historical two-year swap rates, ten-year swap rates, and mortgage
current coupons for a given product category.
The two-year benchmark would allow FICC to estimate the potential
prepayment impact from refinance opportunities offered by the
adjustable rate mortgage market. The ten-year swap rate is a standard
benchmark for fixed rate mortgages. The current coupon rates are
implied from the TBA market prices. Therefore, the FICC believes that
the new model will be more responsive to changing market conditions
than the current prepayment model.
A key component of any prepayment model is a mortgage rate model
which estimates the current coupon (the secondary mortgage rate) for
the TBA mortgage pools under various interest rate scenarios. The
monthly prepayment speed will be estimated based on intensity function
based on the refinancing incentive, loan age, and burnout (percentage
of loans that fail to prepay despite apparent refinance incentives).
This monthly prepayment speed is used to simulate TBA price returns for
the VaR Charge component of the MBSD margin calculation. In the OTS
model, the concept of ``seasonality'' is directly incorporated into the
prepayment model. The factor is less of a driver of mortgage prepayment
activity and FICC does not believe that it is necessary to incorporate
this as a distinct assumption in the new prepayment model. There is a
minor effect of seasonality through the pool factor.
During the analysis and design phase of the new prepayment model,
FICC considered whether to utilize a ``security level'' model versus a
``loan level'' model. Loan level models focus on loan-to-value ratio,
credit score, and spread at origination, which are aspects of hedging
and risk assessment--particularly in evaluating exposure to involuntary
prepayments (foreclosure, work-outs, etc.) that typically arise beyond
TBA settlement cycle (less than 90 days). Loan level models are
generally used by firms that trade and initiate mortgage-backed
securities. FICC, whose processing activity at the MBSD spans a short
horizon, chose a security level prepayment model which measures
security level attributes that can measure short-term prepayment speed,
i.e., the spread between the current coupon and the TBA coupon,
seasoning, and average maturity. These are key attributes of voluntary
prepayments that can impact TBA prices during the settlement cycle.
FICC's external model validation team concluded that the proposed
prepayment model is appropriate in measuring short-term prepayment
speeds.
Anticipated Effect on and Management of Risks
FICC believes that the proposed Prepayment Model Change will
enhance the risk management of the positions cleared at the MBSD.
First, FICC believes that the proposed Prepayment Model Change will
enhance risk management because the current prepayment model is no
longer being supported with parameter updates, and thus relies on stale
information and produces possibly inaccurate results. Second, as part
of the migration to the new model, several steps were taken to reduce
the potential risks to FICC and its members, including: validation of
the proposed model by an external party, back-testing to validate model
performance and analysis to determine the impact of the changes to the
VaR requirements for the MBSD Members. Results of FICC's analysis
indicate that the proposed Prepayment Model Change will be more
responsive to changing market dynamics and FICC believes it will not
negatively impact FICC and its members.
(B) Clearing Agency's Statement on Comments on the Advance Notice
Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed change.
III. Date of Effectiveness of the Advance Notice and Timing for
Commission Action
The proposed changes contained in the advance notice may be
implemented pursuant to Section 806(e)(1)(G) of Clearing Supervision
Act \5\ if the Commission does not object to the proposed changes
within 60 days of the later of (i) the date that the Commission
receives the notice of the proposed changes or (ii) the date the
Commission receives any further information it requests for
consideration of the notice. The clearing agency shall not implement
the proposed changes contained in the advance notice if the
[[Page 76313]]
Commission objects to the proposed changes.\6\
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\5\ 12 U.S.C. 5465(e)(1)(G).
\6\ 12 U.S.C. 5465(e)(1)(F).
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The Commission may extend the period for review by an additional 60
days if the proposed changes raise novel or complex issues, subject to
the Commission providing the clearing agency with prompt written notice
of the extension.\7\ Proposed changes may be implemented in fewer than
60 days from the receipt of the advance notice, or the date the
Commission receives any further information it requested, if the
Commission notifies the clearing agency in writing that it does not
object to the proposed changes and authorizes the clearing agency to
implement the proposed changes on an earlier date, subject to any
conditions imposed by the Commission.\8\
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\7\ 12 U.S.C. 5465(e)(1)(H).
\8\ 12 U.S.C. 5465(e)(1)(I).
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The clearing agency shall post notice on its web site of proposed
changes that are implemented.\9\
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\9\ 17 CFR 240.19b-4(n)(1)(i).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number AN-FICC-2012-09 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number AN-FICC-2012-09. 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 (https://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 such filings also will be available for inspection
and copying at the principal office of FICC and on FICC's Web site at
https://www.dtcc.com/downloads/legal/rule_filings/2012/ficc/FICC-AN-2012-09.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 AN-FICC-2012-09
and should be submitted on or before January 17, 2013.
V. Commission Findings and Notice of No Objection
(A) Standard of Review
Although Title VIII does not specify a standard that the Commission
must apply to determine whether to object to an advance notice, the
Commission believes that the purpose of Title VIII, as stated under
Section 802(b),\10\ is relevant to the review of advance notices.
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\10\ 12 U.S.C. 5461(b).
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The stated purpose of Title VIII is to mitigate systemic risk in
the financial system and promote financial stability, by (among other
things) authorizing the Federal Reserve Board to promote uniform risk
management standards for systemically important FMUs, and providing an
enhanced role for the Federal Reserve Board in the supervising of risk
management standards for systemically important FMUs.\11\ Therefore,
the Commission believes that when reviewing advance notices for FMUs,
the consistency of an advance notice with Title VIII may be judged
principally by reference to the consistency of the advance notice with
applicable rules of the Federal Reserve Board governing payment,
clearing, and settlement activity of the designated FMU.\12\
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\11\ 12 U.S.C. 5461(b).
\12\ See Financial Market Utilities, 77 FR 45907 (Aug. 2, 2012).
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Section 805(a) requires the Federal Reserve Board and authorizes
the Commission to prescribe standards for the payment, clearing, and
settlement activities of FMUs designated as systemically important, in
consultation with the supervisory agencies. Section 805(b) of the
Clearing Supervision Act \13\ requires that the objectives and
principles for the risk management standards prescribed under Section
805(a) shall be to:
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\13\ 12 U.S.C. 5464(b).
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Promote robust risk management;
Promote safety and soundness;
Reduce systemic risks; and
Support the stability of the broader financial system.
The relevant rules of the Federal Reserve Board prescribing risk
management standards for designated FMUs by their terms do not apply to
designated FMUs that are clearing agencies registered with the
Commission.\14\ Therefore, the Commission believes that the objectives
and principles by which the Federal Reserve Board is required and the
Commission is authorized to promulgate such rules, as expressed in
Section 805(b) of Title VIII,\15\ are the appropriate standards at this
time by which to evaluate advance notices.\16\ Accordingly, the
analysis set forth below is organized by reference to the stated
objectives and principles in Section 805(b).
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\14\ 12 CFR 234.1(b).
\15\ 12 U.S.C. 5464(b).
\16\ The risk management standards that have been adopted by the
Commission in Rule 17Ad-22 are substantially similar to those of the
Federal Reserve Board applicable to designated FMUs other than those
designated clearing organizations registered with the CFTC or
clearing agencies registered with the Commission. See Clearing
Agency Standards, Exchange Act Release No. 34-68080 (Oct. 22, 2012).
To the extent such Commission standards are in effect at the time
advance notices are reviewed in the future, the standards would be
relevant to the analysis. Moreover, the analysis of clearing agency
rule filings under the Exchange Act would incorporate such standards
directly.
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(B) Discussion of Advance Notice
The modeling of Prepayment Risk could significantly affect the risk
management functions of the clearing agency that are related to
systemic risk. The output of a prepayment model becomes an input into
the calculation of the VaR Charge, which in turn determines a member's
required clearing fund deposit. Weaknesses in the model could lead to
the clearing fund being inappropriately low, and thus exposing the
clearing agency to greater risk should a member default.
The OTS Model is no longer supported by parameter updates and has
not been supported by such updates since December 31, 2011. The current
model's reliance on stale parameters results in a potentially
inaccurate determination of the speed of prepayments and thus a
potentially inaccurate VaR Charge. This lack of calibration makes the
OTS Model
[[Page 76314]]
unreliable and increases the risk that MBSD is not collecting
sufficient margin given market conditions. Moving to the FICC Model
that can be updated as the economic environment changes promotes robust
risk management and reduces systemic risk because these changes can be
more accurately reflected in margin calculations.
The Commission is conditioning its notice of no objection on FICC
implementing policies and procedures reasonably designed to ensure that
FICC timely analyzes and monitors the performance and appropriateness
of the FICC Model. As discussed above, the OTS model directly
incorporates the concept of seasonality, while the FICC model does not.
In addition, the FICC model relies on market-observed data to capture
the prepayment risk of the mortgage pools underlying the TBAs. The
Commission understands that the OTS and many industry models use
historical data on actual prepayments to determine the level of
prepayment risk. The Commission believes it is important for both FICC
and the Commission to observe how the FICC model compares to actual
seasonality and prepayment history, two parameters that had previously
informed the OTS model. As a result, the Commission would expect such
policies and procedures to assess the performance of the FICC Model as
compared to other published or calculated prepayment rate forecasts and
to analyze the VaR coverage resulting from the use of the FICC Model as
compared to the coverage that would be obtained after applying
alternate VaR methodologies, such as the index-based haircut
methodology already utilized by FICC. The Commission expects that this
analysis would be disseminated to the Commission on a monthly basis.
The Commission believes that the replacement of the OTS Model with
the FICC Model, subject to the conditions described above, meets the
objectives and principles for the risk management standards prescribed
under Section 805(a). The ability for FICC to update the FICC Model in
response to changing economic conditions allows FICC to more
appropriately calculate and collect margin, which better enables FICC
to respond in the event that a member defaults. This in turn promotes
robust risk management and safety and soundness, reduces systemic risk
and supports the stability of the broader financial system.
Conclusion
It is therefore noticed, pursuant to Section 806(e)(1)(I) of the
Clearing Supervision Act,\17\ that, the Commission does not object to
the Prepayment Model Change (File No. AN-FICC-2012-09) and that FICC be
and hereby is authorized to implement the Prepayment Model Change (File
No. AN-FICC-2012-09) subject to FICC implementing policies and
procedures reasonably designed to ensure that FICC timely analyzes and
monitors the performance and appropriateness of the FICC Model.
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\17\ 12 U.S.C. 5465(e)(1)(I).
By the Commission.
Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-31129 Filed 12-26-12; 8:45 am]
BILLING CODE 8011-01-P