Subject: Comments on SR-OCC-2024-001 34-99393
From: jrfry19
Affiliation:

Feb. 11, 2024

Thank you for the opportunity to comment on 
SR-OCC-2024-001 34-99393 entitled Proposed 
Rule Change by The Options Clearing Corporation 
Concerning Its Process for Adjusting Certain 
Parameters in Its Proprietary System for Calculating 
Margin Requirements During Periods When the 
Products It Clears and the Markets It Serves 
Experience High Volatility" (PDF, Federal Register) as 
a retail investor. I have several concerns about the 
OCC rule proposal, do not support its approval, and 
appreciate the opportunity to comment. 
I'm concerned about the lack of transparency in our 
financial system as evidenced by this rule proposal, 
amongst others. The details of this proposal in 
Exhibit 5 along with supporting information (see, 
e.g., Exhibit 3) are significantly redacted which 
prevents public review making it impossible for 
the public to meaningfully review and comment on 
this proposal. Without opportunity for a full public 
review, this proposal should be rejected on that basis 
alone. 


Thank you for the opportunity to comment on 
SR-OCC-2024-001 34-99393 entitled Proposed 
Rule Change by The Options Clearing Corporation 
Concerning Its Process for Adjusting Certain 
Parameters in Its Proprietary System for Calculating 
Margin Requirements During Periods When the 
Products It Clears and the Markets It Serves 
Experience High Volatility" (PDF, Federal Register) as 
a retail investor. I have several concerns about the 
OCC rule proposal, do not support its approval, and 
appreciate the opportunity to comment. 
I'm concerned about the lack of transparency in our 
financial system as evidenced by this rule proposal, 
amongst others. The details of this proposal in 
Exhibit 5 along with supporting information (see, 
e.g., Exhibit 3) are significantly redacted which 
prevents public review making it impossible for 
the public to meaningfully review and comment on 
this proposal. Without opportunity for a full public 
review, this proposal should be rejected on that basis 
alone. 


This particular OCC rule proposal appears designed 
to protect Clearing Members from realizing the 
risk of potentially costly trades by rubber stamping 
reductions in margin requirements as required by 
Clearing Members; which would increase risks to the 
OCC. Per the OCC rule proposal 
• The OCC collects margin collateral from Clearing 
Members to address the market risk associated with 
a Clearing Member's positions. [3] 
OCC uses a proprietary system, STANS ("System 
for Theoretical Analysis and Numerical Simulation") 
to calculate each Clearing Member's margin 
requirements with various models. One of the 
margin models may produce "procyclical'" results 
where margin requirements are correlated with 
volatility which "could threaten the stability of its 
members during periods of heightened volatility". [2] 
• An increase in margin requirements could make 
it difficult for a Clearing Member to obtain liquidity 
to meet its obligations to OCC. If the Clearing 
Member defaults, liquidating the Clearing Member 
positions could result in losses chargeable to the 
Clearing Fund which could create liquidity issues for 
non-defaulting Clearing Members.[2] 


Basically, a systemic risk exists because Clearing 
Members as a whole are insufficiently capitalized 
and/or over-leveraged such that a single Clearing 
Member failure (e.g., from insufficiently managing 
risks arising from high volatility) could cause a 
cascade of Clearing Member failures. In layman's 
terms, a Clearing Member who made bad bets on 
Wall St could trigger a systemic financial crisis 
because Clearing Members as a whole are all risking 
more than they can afford to lose. 
The OCC's rule proposal attempts to avoid triggering 
a systemic financial crisis by reducing margin 
requirements using "idiosyncratic" and "global" 
control settings; highlighting one instance for one 
ndividual risk factor that "[a]fter implementing 
idiosyncratic control settings for that risk factor, 
aggregate margin requirements decreased $2.6 
pillion." [4] The OCC chose to avoid margin calling 
bne or more Clearing Members at risk of default by 
implementing "idiosyncratic" control settings for a 
risk factor. According to footnote 35 [5], the OCC 
has made this "idiosyncratic" choice over 200 times 
in less than 4 years (from December 2019 to August 
2023) of varying durations up to 190 days (with a 
nedian duration of 10 days). The OCC is choosing 
to waive away margin calls for Clearing Members 
over 50 times a year; which seems too often to be 
idiosyncratic. In addition to waiving away margin 
calls for 50 idiosyncratic risks a year, the OCC has 
also chosen to implement "global" control settings 
in connection with long tail [6] events including the 
onset of the COVID-19 pandemic and the so-cal 
"meme-stock" episode on January 27, 2021. [7] 


This rule proposal codifies an inherent conflict of 
interest for the Financial Risk Management (FRM) 
Officer. While the FRM Officer's position is allegedly 
to protect OCC's interests, the situation outlined 
by the OCC proposal where a Clearing Member 
failure exposes the OCC to financial risk necessarily 
requires the FRM Officer to protect the Clearing 
Member from failure to protect the OCC. Thus, 
the FRM Officer is no more than an administrative 
rubber stamp to reduce margin requirements for 
Clearing Members at risk of failure. Unfortunately, 
rubber stamping margin requirement reductions 
for Clearing Members at risk of failure vitiates 
the protection from market risks associated with 
Clearing Member's positions provided by the margin 
collateral that would have been collected by the 
OCC. For this reason, this rule proposal should 
be rejected and the OCC should enforce sufficient 
margin requirements to protect the OCC and 
minimize the size of any bailouts that may already be 
required. 


In light of the issues outlined above, please consider 
the following modifications: 
1. Increase and enforce margin requirements 
commensurate with risks associated with Clearing 
Member positions instead of reducing margin 
requirements. Clearing Members should be 
encouraged to position their portfolios to account 
for stressed market conditions and long-tail risks 
This rule proposal currently encourages Clearing 
Members to become Too Big To Fail in order to 
pressure the OCC with excessive risk and leverage 
into implementing idiosyncratic controls more often 
to privatize profits and socialize losses, 


2. External auditing and supervision as a "fourth line 
of defense" similar to that described in The "four 
lines of defence model" for financial institutions [1 2] 
with enhanced public reporting to ensure that risks 
are identified and managed before they become 
systemically significant. 
3. Swap 3. OCC's own pre-funded financial 
resources" and "4. Clearing fund deposits of 
non-defaulting firms" for the OCC's Loss Allocation 
waterfall so that Clearing fund deposits of 
non-defaulting firms are allocated losses before 
OCC's own pre-funded financial resources and 
the EDCP Unvested Balance. Changing the order 
of loss allocation would encourage Clearing 
Members to police each other with each Clearing 
Member ensuring other Clearing Members take 
appropriate risk management measures as their 
Clearing Fund deposits are at risk after the deposits 
of a suspended firm are exhausted. This would 
also increase protection to the OcC, a SIFMU, by 
allocating losses to the clearing corporation after 
Clearing Member deposits are exhausted. By 
extension, the public would benefit from lessening 
the risk of needing to bail out a systemically 
important clearing agency. 
Thank you for the opportunity to comment as 
all investors benefit from a fair, transparent, and 
resilient market. 






Thank You, 
John Ryan Fry