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DOCUMENT ID: [Release No. 34-54794; File No. SR-FICC-2006-18]
SUBJECT CATEGORY: Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Certain Administrative Provisions of the Rules of the Government Securities Division and the Mortgage-Backed Securities Division
DOCUMENT SUMMARY: November 20, 2006.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on October 12, 2006, the
Fixed Income Clearing Corporation (``FICC'') filed with the Securities
and Exchange Commission (``Commission'') and on October 17, 2006,
amended\2\ the proposed rule change described in Items I, II, and III
below, which items have been prepared primarily by FICC. FICC filed the
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b4(f)(3) \4\ thereunder so that the proposal was
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the rule change from interested parties.
\1\ 15 U.S.C. 78s(b)(1).
\2\ The amendment deleted a proposal that would have enabled
FICC to rely on signatures transmitted, recorded, or stored by any
electronic, optical, or similar means because a substantively similar rule already exists.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b4(f)(3).
I. SelfRegulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change
The purpose of the rule change is to amend certain administrative provisions of the rules of FICC's Government Securities Division (``GSD'') and MortgageBacked Securities Division (``MBSD'') to create more uniformity between FICC's rules and the rules of FICC's affiliate, the National Securities Clearing Corporation (``NSCC''). FICC is also making technical amendments to the administrative rules of FICC. II. SelfRegulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, FICC 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. FICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these statements.\5\
\5\ The Commission has modified the text of the summaries prepared by FICC.
(A) SelfRegulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change
FICC believes that amending certain administrative provisions of
the rules of GSD and MBSD to create more uniformity between the rules
of FICC and NSCC will provide more clarity to the members of FICC and NSCC.
(i) Proposed GSD Rule Changes
Currently, GSD Rule 28 states that the delivery of forms of lists, notices, and other documents may be delivered by the use of any media, including magnetic tape, discs, or cards. FICC proposes to remove language referring to ``magnetic tapes, discs, or cards'' since these modes of delivery are outdated.
FICC proposes to amend GSD Rule 29 so that it is structured in a way that is similar to the analogous NSCC rule. Therefore, FICC proposes to delete numbered section subheadings and identify provisions going forward with the letters (a) through (g). FICC proposes to delete Section 7 of Rule 29 since FICC no longer follows this procedure. Rule 30Lists To Be Maintained
FICC proposes to amend GSD Rule 30 so that it includes Sponsored Members as a category of members for which FICC will maintain a list. Rule 31Distribution Facilities
Since FICC does not currently maintain distribution facilities,
FICC proposes to amend GSD Rule 31 by including language indicating
that ``if deemed necessary'' FICC will ``establish'' distribution
facilities. FICC does not propose to alter the guidelines listed in the rule.
(ii) Proposed MBSD Rule Changes
FICC proposes to delete MBSD Clearing Rule 8 of Article V and MBSD EPN Rule 8 of Article X since the provisions are outdated and have never been invoked by MBSD.
FICC proposes to revise MBSD Clearing Rule 10 of Article V and MBSD
EPN Rule 10 of Article X with language similar to that of the GSD and
NSCC rules.\6\ The rule will continue to provide for prompt
notification to all participants, limited purpose participants, EPN
users, and registered clearing agencies of proposals made to change,
revise, add, or repeal any MBSD Rule. Participants may submit comments to FICC upon receipt of the notification.
\6\ GSD Rule 33 and NSCC Rule 33.
FICC proposes to modify MBSD Clearing Rule 12 of Article V and MBSD
EPN Rule 12 of Article X with language similar to that of the GSD and
NSCC rules.\7\ Pursuant to the proposed rule, the Board of Directors or
any FICC officer having a rank of Vice President or higher may waive or
suspend times fixed by the rules or regulations issued by FICC whenever
waiver or suspension is deemed necessary or expedient in his or her
judgment. The waiver or suspension shall not continue in effect for
more than sixty calendardays unless approved by the Board of Directors within the sixty calendarday period.
\7\ GSD Rule 22 and NSCC Rule 42.
FICC proposes to add certain provisions to MBSD Clearing Rules and MBSD EPN Rules that are currently contained in the rules of the GSD. FICC believes the additions will provide guidance to MBSD members on administrative matters.
FICC proposes to add a rule identical to GSD Rule 28 to MBSD
Clearing Rules Article V and MBSD EPN Rules Article X allowing FICC to
use forms of lists, notices, or other documents in connection with any
transactions. Information required to be delivered to FICC may be
delivered by the use of any media, to be prescribed by FICC from time to time.
[[Page 69154]]
FICC proposes to add a rule similar to GSD Rule 29 to MBSD EPN Rules Article X governing the release of EPN processing data upon written request or pursuant to a written agreement between an EPN user and FICC.
FICC proposes to add a rule similar to GSD Rule 30 to MBSD Clearing Rules Article V and MBSD EPN Rules Article X providing that MBSD will maintain lists of all participants, limited purpose participants, and EPN users to be made available upon request.
FICC proposes to add a rule regarding captions to MBSD Clearing Rules Article V and MSBD EPN Rules Article X to clarify that captions to rules are for information and guidance only and should not be considered by participants as substantive language.
FICC proposes to add a rule similar to GSD Rule 31 to MBSD Clearing Rules Article V and MBSD EPN Rules Article X regarding distribution facilities. Though MBSD does not currently maintain a distribution facility, the rule will provide guidance if a facility is established in the future.
FICC believes the proposed rule change is consistent with Section
17A of the Act,\8\ as amended because it is concerned solely with the
administration of FICC and as such does not affect the safeguarding of
securities or funds in the custody or control of FICC or for which it is responsible.
\8\ 15 U.S.C. 78q1.
(B) SelfRegulatory Organization's Statement on Burden on Competition
FICC does not believe that the proposed rule change will have any impact or impose any burden on competition.
(C) SelfRegulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
Written comments relating to the proposed rule change have not yet
been solicited or received. FICC will notify the Commission of any written comments received by FICC.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action
The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and Rule 19b
4(f)(3)\10\ thereunder because the rule effects a change in an existing
service of FICC that does not adversely affect the safeguarding of
securities or funds in the custody or control of FICC or for which it
is responsible. At any time within sixty days of the filing of the
proposed rule change,\11\ the Commission may summarily abrogate 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. \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 17 CFR 240.19b4(f)(3).
\11\ For purposes of calculating the sixtyday period within
which the Commission may summarily abrogate the proposed rule change
under Section 19(b)(3)(C) of the Act, the Commission considers the
period to commence on the date on which the last amendment to the
proposed rule change was filed with the Commission. 15 U.S.C. 78s(b)(3)(C).
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
All submissions should refer to File Number SRFICC200618. 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 (http://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 inspection
and copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. 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 http://www.ficc.com/commondocs/rule.filings/rule.filing.0618.amendment1.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 SRFICC200618 and should be submitted on or before December 20, 2006.
For the Commission by the Division of Market Regulation, pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
\12\ 17 CFR 200.303(a)(12).
[FR Doc. E620210 Filed 112806; 8:45 am]
BILLING CODE 801101P
SUMMARY: Fixed Income Clearing Corp.,
DOCUMENT BODY 2: November 20, 2006.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on October 12, 2006, the
Fixed Income Clearing Corporation (``FICC'') filed with the Securities
and Exchange Commission (``Commission'') and on October 17, 2006,
amended\2\ the proposed rule change described in Items I, II, and III
below, which items have been prepared primarily by FICC. FICC filed the
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b4(f)(3) \4\ thereunder so that the proposal was
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the rule change from interested parties.
\1\ 15 U.S.C. 78s(b)(1).
\2\ The amendment deleted a proposal that would have enabled
FICC to rely on signatures transmitted, recorded, or stored by any
electronic, optical, or similar means because a substantively similar rule already exists.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b4(f)(3).
I. SelfRegulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change
The purpose of the rule change is to amend certain administrative provisions of the rules of FICC's Government Securities Division (``GSD'') and MortgageBacked Securities Division (``MBSD'') to create more uniformity between FICC's rules and the rules of FICC's affiliate, the National Securities Clearing Corporation (``NSCC''). FICC is also making technical amendments to the administrative rules of FICC. II. SelfRegulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, FICC 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. FICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these statements.\5\
\5\ The Commission has modified the text of the summaries prepared by FICC.
(A) SelfRegulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change
FICC believes that amending certain administrative provisions of
the rules of GSD and MBSD to create more uniformity between the rules
of FICC and NSCC will provide more clarity to the members of FICC and NSCC.
(i) Proposed GSD Rule Changes
Currently, GSD Rule 28 states that the delivery of forms of lists, notices, and other documents may be delivered by the use of any media, including magnetic tape, discs, or cards. FICC proposes to remove language referring to ``magnetic tapes, discs, or cards'' since these modes of delivery are outdated.
FICC proposes to amend GSD Rule 29 so that it is structured in a way that is similar to the analogous NSCC rule. Therefore, FICC proposes to delete numbered section subheadings and identify provisions going forward with the letters (a) through (g). FICC proposes to delete Section 7 of Rule 29 since FICC no longer follows this procedure. Rule 30Lists To Be Maintained
FICC proposes to amend GSD Rule 30 so that it includes Sponsored Members as a category of members for which FICC will maintain a list. Rule 31Distribution Facilities
Since FICC does not currently maintain distribution facilities,
FICC proposes to amend GSD Rule 31 by including language indicating
that ``if deemed necessary'' FICC will ``establish'' distribution
facilities. FICC does not propose to alter the guidelines listed in the rule.
(ii) Proposed MBSD Rule Changes
FICC proposes to delete MBSD Clearing Rule 8 of Article V and MBSD EPN Rule 8 of Article X since the provisions are outdated and have never been invoked by MBSD.
FICC proposes to revise MBSD Clearing Rule 10 of Article V and MBSD
EPN Rule 10 of Article X with language similar to that of the GSD and
NSCC rules.\6\ The rule will continue to provide for prompt
notification to all participants, limited purpose participants, EPN
users, and registered clearing agencies of proposals made to change,
revise, add, or repeal any MBSD Rule. Participants may submit comments to FICC upon receipt of the notification.
\6\ GSD Rule 33 and NSCC Rule 33.
FICC proposes to modify MBSD Clearing Rule 12 of Article V and MBSD
EPN Rule 12 of Article X with language similar to that of the GSD and
NSCC rules.\7\ Pursuant to the proposed rule, the Board of Directors or
any FICC officer having a rank of Vice President or higher may waive or
suspend times fixed by the rules or regulations issued by FICC whenever
waiver or suspension is deemed necessary or expedient in his or her
judgment. The waiver or suspension shall not continue in effect for
more than sixty calendardays unless approved by the Board of Directors within the sixty calendarday period.
\7\ GSD Rule 22 and NSCC Rule 42.
FICC proposes to add certain provisions to MBSD Clearing Rules and MBSD EPN Rules that are currently contained in the rules of the GSD. FICC believes the additions will provide guidance to MBSD members on administrative matters.
FICC proposes to add a rule identical to GSD Rule 28 to MBSD
Clearing Rules Article V and MBSD EPN Rules Article X allowing FICC to
use forms of lists, notices, or other documents in connection with any
transactions. Information required to be delivered to FICC may be
delivered by the use of any media, to be prescribed by FICC from time to time.
[[Page 69154]]
FICC proposes to add a rule similar to GSD Rule 29 to MBSD EPN Rules Article X governing the release of EPN processing data upon written request or pursuant to a written agreement between an EPN user and FICC.
FICC proposes to add a rule similar to GSD Rule 30 to MBSD Clearing Rules Article V and MBSD EPN Rules Article X providing that MBSD will maintain lists of all participants, limited purpose participants, and EPN users to be made available upon request.
FICC proposes to add a rule regarding captions to MBSD Clearing Rules Article V and MSBD EPN Rules Article X to clarify that captions to rules are for information and guidance only and should not be considered by participants as substantive language.
FICC proposes to add a rule similar to GSD Rule 31 to MBSD Clearing Rules Article V and MBSD EPN Rules Article X regarding distribution facilities. Though MBSD does not currently maintain a distribution facility, the rule will provide guidance if a facility is established in the future.
FICC believes the proposed rule change is consistent with Section
17A of the Act,\8\ as amended because it is concerned solely with the
administration of FICC and as such does not affect the safeguarding of
securities or funds in the custody or control of FICC or for which it is responsible.
\8\ 15 U.S.C. 78q1.
(B) SelfRegulatory Organization's Statement on Burden on Competition
FICC does not believe that the proposed rule change will have any impact or impose any burden on competition.
(C) SelfRegulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
Written comments relating to the proposed rule change have not yet
been solicited or received. FICC will notify the Commission of any written comments received by FICC.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action
The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and Rule 19b
4(f)(3)\10\ thereunder because the rule effects a change in an existing
service of FICC that does not adversely affect the safeguarding of
securities or funds in the custody or control of FICC or for which it
is responsible. At any time within sixty days of the filing of the
proposed rule change,\11\ the Commission may summarily abrogate 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. \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 17 CFR 240.19b4(f)(3).
\11\ For purposes of calculating the sixtyday period within
which the Commission may summarily abrogate the proposed rule change
under Section 19(b)(3)(C) of the Act, the Commission considers the
period to commence on the date on which the last amendment to the
proposed rule change was filed with the Commission. 15 U.S.C. 78s(b)(3)(C).
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
All submissions should refer to File Number SRFICC200618. 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 (http://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 inspection
and copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. 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 http://www.ficc.com/commondocs/rule.filings/rule.filing.0618.amendment1.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 SRFICC200618 and should be submitted on or before December 20, 2006.
For the Commission by the Division of Market Regulation, pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
\12\ 17 CFR 200.303(a)(12).
[FR Doc. E620210 Filed 112806; 8:45 am]
BILLING CODE 801101P
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 47 CFR Part 73 26 CFR Part 1 40 CFR Part 180 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 44 CFR Part 65 50 CFR Part 660 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 6 CFR Part 5 40 CFR Part 271 47 CFR Part 64 40 CFR Parts 52 and 81 44 CFR Part 64 10 CFR Part 50 49 CFR Part 571 50 CFR Part 665 47 CFR Part 76