Subject: File No. SR-OCC-2024-001
From: Ricardo Raya

Thank you for the opportunity to comment on SR-OCC-2024-001 34-99393 entitled “Proposed Rule Change by the Option 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. As a retail investor I have several concerns about the OCC rule proposal. I’m concerned about the lack of transparency in our financial system. The details of this proposal 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 OCC rule proposal was designed to protect the Clearing Members from realizing the risk of potentially costly trades by rubber stamping reductions to margin requirements as required by Clearing Members which would increase risks to the OCC. A systematic risk exists because Clearing Members are insufficiently capitalized and/or over-leveraged such that a single Clearing member failure could cause a cascade of Clearing Member failures. The OCC’s rule proposal attempts to avoid triggering a systematic financial crisis by reducing margin requirements using “idiosyncratic” and “global” control settings; highlighting one instance for one individual risk factor that “after implementing idiosyncratic control settings for that risk factor, aggregate margin requirements decrease $2.6 billion.” The OCC chose to avoid margin calling one or more Clearing members at risk over 200 times in less than 4 years (from December 2019 to August 2023) of varying durations up to 190 days. Fundamentally, these rules create an unfair marketplace for other market participants, including retail investors such as myself, who are forced to face the consequences of long-tail risks while the OCC repeatedly waives margin calls for Clearing Members by repeatedly reducing their margin requirements. For this reason, this rule proposal should be rejected, and Clearing Members should be subject to strictly defined margin requirements other investors are. We will not have a free market if we operate with rules for thee but not for me. If I were to overleverage myself and make bad financial decisions, I would be expected to pay for my poor decisions Clearing Members should be no different because at the end of the day there was a person behind their decision making all their bad decisions and now its time to face the consequences for their actions. This ruling will likely decide whether or not many retail investors continue to invest in our markets or if rules will be changed to make sure the big players keep their money. The world will be watching so please make the right choice.