[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)] [Notices] [Pages 59834-59835] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-29623] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-40624; File No. SR-OCC-98-06] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of a Proposed Rule Change Relating to Market Coordination in the Application of Circuit Breakers October 30, 1998. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on June 9, 1998, The Options Clearing Corporation (``OCC'') filed with the Securities and Exchange Commission (``Commission'') and on July 23, 1998 and October 27, 1998, amended the proposed rule change as described in Items I, II, and III below, which items have been prepared primarily by OCC. The Commission is publishing this notice to solicit comments on the proposed rule change. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). --------------------------------------------------------------------------- [[Page 59835]] I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change would provide OCC with the authority to adjust margin requirements with respect to cross-margined accounts in the event of an asynchronized application of circuit breakers by the securities and futures exchanges. II. Self-Regulatory Organization'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 such statements.\2\ --------------------------------------------------------------------------- \2\ The Commission has modified the text of the summaries prepared by OCC. --------------------------------------------------------------------------- (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change OCC believes there are no assurances that the application of trading halts or ``circuit breakers'' will be coordinated among the securities markets and the stock index futures markets. According to OCC, the securities markets could reopen after a significant market decline while trading in stock index futures remained halted. A a result, OCC believes that the closing prices used by the futures markets to determine variation margin on index futures and the closing prices of futures options may lose their theoretical relationship to the closing prices of related index option contracts. Under such circumstances OCC's margin calculation for cross-margined accounts may either overestimate or underestimate the actual risk of the cross- margined positions. Under the proposed rule change, OCC will have plenary authority to take whatever actions that it deems appropriate to adjust margins with respect to cross-margined accounts when futures and options markets have become delinked as a result of an asynchronized application of circuit breakers in the futures and securities options markets. OCC has submitted comments regarding asynchronized application of circuit breakers to the Commission with respect to the amendments to New York Stock Exchange (``NYSE'') Rule 80B.\3\ In its comment letter, OCC noted that the amended Rule 80B would permit the securities markets to reopen after a trading halt and continue to trade in the range of twenty to thirty percent down while the rules of the Chicago Mercantile Exchange (``CME'') would not permit index futures contracts to trade below twenty percent down. Moreover, OCC noted that CME variation settlements would be based on the limit price, potentially resulting in inconsistent closing prices in the two markets. --------------------------------------------------------------------------- \3\ Securities Exchange Act Release No. 39846 (April 9, 1998), 63 FR 18477 (April 15, 1998) (order approving NYSE's proposed rule change). OCC's comment letter is attached to OCC's filing of this proposed rule change which is available for inspection and copying at the Commission's Public Reference Room and through OCC. --------------------------------------------------------------------------- As a result of the potentially disparate application of the circuit breaker rules, OCC believes that it is necessary to have the authority to address as best it can the distortions in risk calculations and settlement values that could result with respect to cross-margined accounts. OCC believes that it has been able to identify certain actions it might take in the exercise of its authority. However, OCC also believes that it is presently unable to ascertain each and every type of action that it might need to take in the event of asynchronized application of circuit breakers. OCC believes that the proposed rule change is consistent with the purposes and requirements of Section 17A of the Act \4\ in that it is designed to address the potential problems caused by a lack of coordination among markets in the application of circuit breakers. OCC believes that the authority to address distortions in risk calculation and settlement values when there is an asynchronized application of circuit breakers should promote the protection of investors and the safety of the national system for the clearance and settlement of securities transactions. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78q-1. --------------------------------------------------------------------------- (B) Self-Regulatory Organization's Statement on Burden on Competition OCC does not believe that the proposed rule change would impose any material impact on competition. (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were not and are not intended to be solicited with respect to the proposed rule change, and none have been received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to ninety days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which OCC consents, the Commission will: (A) By order approve such proposed rule change or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. 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. Sec. 552, will be available for inspection and copying in the Commission's Public Reference Section, 450 Fifth Street, NW., Washington, DC 20549. Copies of such filing also will be available for inspection and copying at the principal office of OCC. All submissions should refer to File No. SR-OCC-98-06 and should be submitted by November 27, 1998. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\5\ --------------------------------------------------------------------------- \5\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 98-29623 Filed 11-4-98; 8:45 am] BILLING CODE 8010-01-M