[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8730-8732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02520]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99462; File No. SR-FICC-2024-002]


Self-Regulatory Organizations; Fixed Income Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to 
Clarify How FICC Applies the Minimum Charge

February 2, 2024.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on January 25, 2024, Fixed Income Clearing Corporation (``FICC'') 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 the clearing agency. FICC filed the 
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(4) thereunder.\4\ 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)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change consists of modifications to the FICC 
Mortgage-Backed Securities Division (``MBSD'') Clearing Rules (``MBSD 
Rules'') to clarify how FICC applies the Minimum Charge (as defined 
below) at MBSD, as well as make certain technical changes, as described 
in greater detail below.\5\
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    \5\ Capitalized terms used herein and not defined shall have the 
meaning assigned to such terms in the MBSD Rules, available at 
www.dtcc.com/legal/rules-and-procedures.aspx.
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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, 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

1. Purpose
    FICC is proposing changes that would clarify the disclosures in the 
MBSD Rules related to FICC's application of Minimum Charge at MBSD.
Background
    As part of its market risk management strategy, FICC manages its 
credit exposure to Clearing Members by determining the appropriate 
Required Fund Deposit to the Clearing Fund and monitoring its 
sufficiency, as provided for in the MBSD Rules.\6\ The Required Fund 
Deposit serves as each Clearing Member's margin. The objective of a 
Clearing Member's Required Fund Deposit is to mitigate potential losses 
to FICC associated with liquidation of a Clearing Member's portfolio in 
the event FICC ceases to act for that Clearing Member (hereinafter 
referred to as a ``default'').\7\ The aggregate of all Clearing 
Member's Required Fund Deposits, together with certain other deposits 
required under the MBSD Rules, constitutes the Clearing Fund, which 
FICC would access, among other instances, should a defaulting Clearing 
Member's own Clearing Fund deposit be insufficient to satisfy losses to 
FICC caused by the liquidation of that Clearing Member's portfolio.
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    \6\ See MBSD Rule 4 (Clearing Fund and Loss Allocation), supra 
note 5. FICC's market risk management strategy is designed to comply 
with Rule 17Ad-22(e)(4) under the Act, where these risks are 
referred to as ``credit risks.'' 17 CFR 240.17Ad-22(e)(4).
    \7\ See MBSD Rule 17 (Procedures for When the Corporation Ceases 
to Act), supra note 5.
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    Pursuant to the MBSD Rules, each Clearing Member's Required Fund 
Deposit amount consists of a number of

[[Page 8731]]

applicable components, each of which is designed to address specific 
risks faced by FICC, as identified within MBSD Rule 4.\8\ Specifically, 
MBSD Rule 4, Section 2(b) currently states that each Clearing Member's 
Required Fund Deposit amount consists of the greater of (i) the Minimum 
Charge \9\ or (ii) the sum of the following components: the VaR Charge, 
the six days' interest for Fails item, a special charge (to the extent 
determined by FICC to be appropriate),\10\ and, if applicable, the 
Backtesting Charge, Holiday Charge, Intraday Mark-to-Market Charge, 
Intraday VaR Charge, and the Margin Liquidity Adjustment Charge.
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    \8\ MBSD Rule 4. Supra note 5.
    \9\ Section 2(b) of MBSD Rule 4 provides the Minimum Charge for 
each margin portfolio of a Clearing Member shall be no less than 
$100,000, and the Minimum Charge for each margin portfolio of an 
Unregistered Investment Pool Clearing Member shall be no less than 
$1 million.
    \10\ In order to mitigate exposure from certain market 
conditions and other financial and operational capabilities of a 
Clearing Member, FICC may impose a special charge.
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    Some of these components are calculated at the margin portfolio 
level while other components are calculated at the member level. In 
particular, the Minimum Charge, the VaR Charge and the six days' 
interest for Fails item are calculated for each margin portfolio of a 
Clearing Member, while the special charge and, if applicable, the 
Backtesting Charge, Holiday Charge, Intraday Mark-to-Market Charge, 
Intraday VaR Charge, and the Margin Liquidity Adjustment Charge are 
assessed with respect to each Clearing Member.
    Given that these components are calculated at varying levels, i.e., 
margin portfolio level vs. member level, FICC currently follows a two-
step process when determining the Required Fund Deposit amount for a 
Clearing Member. Specifically, when calculating the Required Fund 
Deposit amount for a Clearing Member, FICC first assesses the 
applicable charge with respect to each and every margin portfolio of 
the Clearing Member. FICC determines whether or not to apply the 
Minimum Charge to the margin portfolio by comparing (i) the relevant 
Minimum Charge for the margin portfolio with (ii) the sum of the VaR 
Charge and the six days' interest for Fails item of the margin 
portfolio. FICC only applies the Minimum Charge as the applicable 
charge for a margin portfolio when the Minimum Charge for the margin 
portfolio exceeds the sum of the VaR Charge and the six days' interest 
for Fails item of the margin portfolio, otherwise FICC uses the sum of 
the VaR Charge and the six days' interest for Fails item of the margin 
portfolio as the applicable charge for the margin portfolio.
    After FICC assesses the applicable charge with respect to each and 
every margin portfolio of the Clearing Member, FICC aggregates these 
charges and add the components that are calculated at the member level, 
i.e., special charge, if any, and, if applicable, the Backtesting 
Charge, Holiday Charge, Intraday Mark-to-Market Charge, Intraday VaR 
Charge, and the Margin Liquidity Adjustment Charge, to determine the 
Required Fund Deposit amount of the Clearing Member.
Proposed Rule Changes
    In order to better reflect FICC's current process in determining 
the Required Fund Deposit amount of a Clearing Member, particularly 
with respect to FICC's application of Minimum Charge, FICC is proposing 
the following clarifying rule changes.
    Specifically, FICC is proposing to revise the Minimum Margin 
definition in the MBSD Rule 1 (Definitions) to state the term ``Minimum 
Charge'' means the minimum amount of required deposit to the Clearing 
Fund with respect to each margin portfolio of a Clearing Member. FICC 
is proposing this change to make it clearer that the Minimum Margin is 
determined with respect to each and every margin portfolio of a 
Clearing Member.
    FICC is also proposing to modify the definition of the Required 
Fund Deposit in MBSD Rule 1 to make it clearer that Required Fund 
Deposit means the amount of each Clearing Member's required deposit to 
the Clearing Fund as determined by the FICC pursuant to Section 2 of 
Rule 4 and other applicable Rules.
    In addition, FICC is proposing to revise Section 2 of MBSD Rule 4 
(Clearing Fund and Loss Allocation) to more clearly delineate 
components that are calculated at the margin portfolio level versus 
those that are calculated at the member level when determining the 
Required Fund Deposit amount of each Clearing Member. Furthermore, FICC 
is proposing language to clarify that, when determining the amount of 
Required Fund Deposit with respect to each margin portfolio of a 
Clearing Member, FICC would use an amount equal to the greater of (i) 
the Minimum Charge and (ii) the sum of the VaR Charge and the six days' 
interest for Fails item of the margin portfolio.
    To further enhance the clarity of MBSD Rules, FICC is also 
proposing a number of technical changes and one conforming change.
    These proposed rule changes are intended to better reflect FICC's 
current process in determining the Required Fund Deposit amount of a 
Clearing Member but would not change the Required Fund Deposit amount 
of the Clearing Member or the methodology used to calculate the 
Required Fund Deposit.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act requires, in part, that the MBSD 
Rules be designed to promote the prompt and accurate clearance and 
settlement of securities transactions.\11\ FICC believes the proposed 
clarifying and technical changes to the MBSD Rules would allow FICC to 
help promote prompt and accurate clearance and settlement of securities 
transactions. This is because the proposed changes to the MBSD Rules 
would clarify and improve the transparency of the MBSD Rules. Enhancing 
the clarity and transparency of the MBSD Rules would help Clearing 
Members to better understand their rights and obligations regarding 
FICC's clearance and settlement services. FICC believes that when 
Clearing Members better understand their rights and obligations 
regarding FICC's clearance and settlement services, they can act in 
accordance with the MBSD Rules. FICC believes that better enabling 
Clearing Members to comply with the MBSD Rules would promote the prompt 
and accurate clearance and settlement of securities transactions by 
FICC. As such, FICC believes the proposed clarifying and technical 
changes are consistent with Section 17A(b)(3)(F) of the Act.\12\
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    \11\ 15 U.S.C. 78q-1(b)(3)(F).
    \12\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    FICC does not believe the proposed rule changes would have any 
impact on competition. The proposed rule changes would enhance the MBSD 
Rules by providing additional clarity and transparency, particularly 
regarding disclosures related to FICC's application of Minimum Charge 
at MBSD. The proposed rule changes would not advantage or disadvantage 
any particular Clearing Member of FICC or unfairly inhibit access to 
FICC's services. FICC therefore does not believe these proposed changes 
would have any impact, or impose any burden, on competition.

[[Page 8732]]

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

    FICC has not received or solicited any written comments relating to 
this proposal. If any additional written comments are received, they 
will be publicly filed as an Exhibit 2 to this filing, as required by 
Form 19b-4 and the General Instructions thereto.
    Persons submitting comments are cautioned that, according to 
Section IV (Solicitation of Comments) of the Exhibit 1A in the General 
Instructions to Form 19b-4, the Commission does not edit personal 
identifying information from comment submissions. Commenters should 
submit only information that they wish to make available publicly, 
including their name, email address, and any other identifying 
information.
    All prospective commenters should follow the Commission's 
instructions on how to submit comments, available at www.sec.gov/regulatory-actions/how-to-submit-comments. General questions regarding 
the rule filing process or logistical questions regarding this filing 
should be directed to the Main Office of the SEC's Division of Trading 
and Markets at [email protected] or 202-551-5777.
    FICC reserves the right not to respond to any comments 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) \13\ of the Act and paragraph (f) \14\ of Rule 19b-4 
thereunder. 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.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f).
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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 (www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-FICC-2024-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FICC-2024-002. 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 (www.sec.gov/rules/sro.shtml). Copies 
of the submission, all subsequent amendments, all written statements 
with respect to the proposed rule change that are filed with the 
Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of FICC and on DTCC's website 
(www.dtcc.com/legal/sec-rule-filings.aspx). Do not include personal 
identifiable information in submissions; you should submit only 
information that you wish to make available publicly. We may redact in 
part or withhold entirely from publication submitted material that is 
obscene or subject to copyright protection. All submissions should 
refer to File Number SR-FICC-2024-002 and should be submitted on or 
before February 29, 2024.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-02520 Filed 2-7-24; 8:45 am]
BILLING CODE 8011-01-P