Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify the Scope of Risk Management Controls as They Relate to Maturity Presentment Transactions of Pledged Money Market Instruments, 72483-72484 [E5-6825]
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.20
Jonathan G. Katz,
Secretary.
[FR Doc. E5–6831 Filed 12–2–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2005–84 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303.
All submissions should refer to File
Number SR–CBOE–2005–84. This file
number should be included on the
subject line if e-mail 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change, as amended, that are filed with
the Commission, and all written
communications relating to the
proposed rule change, as amended,
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
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of the CBOE. 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 SR–CBOE–2005–84 and should
be submitted on or before December 27,
2005.
[Release No. 34–52852; File No. SR–DTC–
2005–18]
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Clarify the
Scope of Risk Management Controls
as They Relate to Maturity
Presentment Transactions of Pledged
Money Market Instruments
November 29, 2005.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
October 28, 2005, The Depository Trust
Company (‘‘DTC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) and on November 16,
2005, amended the proposed rule
change described in Items I, II, and III
below, which items have been prepared
primarily by DTC. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested parties.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The purpose of the proposed rule
change is to clarify the scope of DTC’s
use of risk management controls as they
relate to maturity presentment (‘‘MP’’)
transactions of pledged Money Market
Instruments (‘‘MMIs’’).
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
DTC 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. DTC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.2
1 15
U.S.C. 78s(b)(1).
Commission has modified the text of the
summaries prepared by DTC.
2 The
20 17
CFR 200.30–3(a)(12).
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72483
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The proposed rule change clarifies the
scope of DTC’s use of risk management
controls as they relate to MP
transactions of pledged MMIs.3
Specifically, pledged MP transactions
shall be processed in the same manner
as non-pledged MP transactions 4 and
therefore subject to DTC’s collateral
monitor and net debit cap controls.5 As
is the case for unpledged MPs, pledged
MPs shall only be processed if they will
not cause the IPA’s collateral monitor or
net debit cap to become negative.
Other pledged MPs shall recycle in a
‘‘pend’’ queue until additional collateral
or liquidity for the IPA is infused later
in the day, which may come from
payments sent to DTC by the IPA or
from credits resulting from the issuance
of new commercial paper.
The proposed rule change is
consistent with the requirements of
Section 17A of the Act 6 and the rules
and regulations thereunder applicable to
DTC because it assures the safeguarding
of securities and funds which are in the
custody or control of DTC because
pledged MP transactions will be
processed in the same manner as nonpledged MP transactions and therefore
3 For background information regarding DTC’s
MMI program, see Securities Exchange Act Release
Nos. 49618 (April 26, 2004), 69 FR 23840 [File No.
SR–DTC–2003–12]; 48145 (July 9, 2003), 68 FR
42442 [File No. SR–DTC–2003–03]; 39422
(December 17, 1997), 62 FR 66158 [File No. SR–
DTC–97–20]; 36811 (February 5, 1996), 61 FR 5433
[File No. SR–DTC–95–15]; 35655 (April 28, 1995),
60 FR 22423 [File No. SR–DTC–95–05]; 33958
(April 22, 1994), 59 FR 22878 [File No. SR–DTC–
93–12]; and 28424 (September 11, 1990), 55 FR
38428 [File No. SR–DTC–90–08].
4 MMI maturity processing is initiated
automatically each morning by DTC, which
electronically sweeps all maturing positions of MMI
CUSIPs from investors’ custodian accounts and
generates the appropriate MPs. The MMI is then
delivered to the account of the appropriate issuing/
paying agent (‘‘IPA’’). DTC debits the IPA’s account
in the amount of the maturity proceeds for
settlement that day. DTC credits the same amount
of the maturity proceeds to the investor’s custodian
account for payment that day to the investor.
Processing of a pledged maturing MMI uses a DTC
internal account and generates deliver orders from
the internal account to the pledgor upon the
processing of the release. However, in the event of
a market disruption, pledged MMIs will be
automatically swept and processed and will not be
included in the maturity presentment contingency
system (MPCS) processing as are non-pledged
MMIs, which can be selectively released for
processing in a market disruption using MPCS.
5 Dealers or custodian banks may pledge MMI
positions to a pledgee bank. When the applicable
MMI matures, MP transactions are staged to DTC’s
Account Transaction Processor to deliver the
pledged position from an internal DTC account to
the IPA in exchange for the total maturity payment
of the pledged position.
6 15 U.S.C. 78q–1.
E:\FR\FM\05DEN1.SGM
05DEN1
72484
Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
Paper Comments
subject to collateral monitor and net
debit cap controls.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
DTC does not believe that the
proposed rule change will have any
impact on or impose any burden on
competition.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments relating to the
proposed rule change have been
solicited or received. DTC will notify
the Commission of any written
comments received by DTC.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective upon filing pursuant to Section
19(b)(3)(A)(i) of the Act 7 and Rule 19b–
4(f)(1) 8 thereunder because the
proposed rule change constitutes a
stated policy, practice, or interpretation
with respect to the meaning,
administration, or enforcement of an
existing rule. At any time within sixty
days of the filing of the proposed rule
change, 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
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 (https://www.sec.gov/
rules/sro.shtml) or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–DTC–2005–18 on the
subject line.
U.S.C. 78s(b)(3)(A)(i).
CFR 240.19b–4(f)(1).
9 For purposes of calculating the 60-day 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 November 16, 2005, 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).
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303.
All submissions should refer to File
Number SR–DTC–2005–18. This file
number should be included on the
subject line if e-mail 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 (https://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 filing also will
be available for inspection and copying
at the principal office of DTC and on
DTC’s Web site at https://
login.dtcc.com/dtcorg/. 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 SR–DTC–2005–18 and should
be submitted on or before December 27,
2005.
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.10
Jonathan G. Katz,
Secretary.
[FR Doc. E5–6825 Filed 12–2–05; 8:45 am]
BILLING CODE 8010–01–P
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8 17
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52850; File No. SR–NYSE–
2004–51]
Self-Regulatory Organizations; New
York Stock Exchange, Inc.; Order
Approving Proposed Rule Change and
Amendment No. 1 Thereto Relating to
a Proposed Interpretation to Rule 342
(Offices—Approval, Supervision, and
Control)
November 29, 2005.
I. Introduction
On September 3, 2004, the New York
Stock Exchange, Inc. (‘‘NYSE’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (the
‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (the ‘‘Exchange Act’’),1 and Rule
19b–4 thereunder,2 a proposed
Interpretation of Exchange Rule 342
(Offices—Approval, Supervision, and
Control) to permit the waiver of the
qualified resident branch office manager
requirement for ‘‘limited purpose
offices’’ with more than three registered
representatives (‘‘RRs’’). On September
28, 2005, the Exchange filed
Amendment No. 1 to the proposed rule
change, replacing the original filing in
its entirety.3 The proposed rule change
was published for comment in the
Federal Register on October 25, 2005.4
The Commission received no comments
regarding the proposal. This order
approves the proposed rule change.
II. Description of Proposed Rule Change
Currently, except for ‘‘small offices,’’ 5
all member and member organization
branch offices are required to have an
on-site qualified manager. According to
the Exchange, member organizations
with branch offices that have a limited
scope of activities, but that do not meet
the definition of ‘‘small office’’ under
the Interpretation, have approached the
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Amendment No. 1 more fully describes the
factors to be used in determining whether a location
qualifies as a limited purpose office, as well as how
those factors will be considered by the Exchange
when examining an application for a limited
purpose office status. The proposed rule change is
described in its entirety in Section II below.
4 See Securities Exchange Act Release No. 52640
(October 19, 2005), 70 FR 61672 (October 25, 2005).
5 The Interpretation of NYSE Rule 342.15 limits
a small office to a total of three RRs. Small offices
that serve an order-taking function only and have
no operational facilities are not required to have a
qualified manager on-site if they are under the close
supervision of the main office or other designated
branch offices. See NYSE Rule Interpretation
342.15/01–02. In addition, supervision and control
procedures must be made part of the member’s or
member organization’s written plan of supervision.
2 17
E:\FR\FM\05DEN1.SGM
05DEN1
Agencies
[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72483-72484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6825]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-52852; File No. SR-DTC-2005-18]
Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify the Scope of Risk Management Controls as They Relate to
Maturity Presentment Transactions of Pledged Money Market Instruments
November 29, 2005.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on October 28, 2005, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') and on November 16, 2005, amended
the proposed rule change described in Items I, II, and III below, which
items have been prepared primarily by DTC. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested parties.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The purpose of the proposed rule change is to clarify the scope of
DTC's use of risk management controls as they relate to maturity
presentment (``MP'') transactions of pledged Money Market Instruments
(``MMIs'').
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\2\
---------------------------------------------------------------------------
\2\ The Commission has modified the text of the summaries
prepared by DTC.
---------------------------------------------------------------------------
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
The proposed rule change clarifies the scope of DTC's use of risk
management controls as they relate to MP transactions of pledged
MMIs.\3\ Specifically, pledged MP transactions shall be processed in
the same manner as non-pledged MP transactions \4\ and therefore
subject to DTC's collateral monitor and net debit cap controls.\5\ As
is the case for unpledged MPs, pledged MPs shall only be processed if
they will not cause the IPA's collateral monitor or net debit cap to
become negative.
---------------------------------------------------------------------------
\3\ For background information regarding DTC's MMI program, see
Securities Exchange Act Release Nos. 49618 (April 26, 2004), 69 FR
23840 [File No. SR-DTC-2003-12]; 48145 (July 9, 2003), 68 FR 42442
[File No. SR-DTC-2003-03]; 39422 (December 17, 1997), 62 FR 66158
[File No. SR-DTC-97-20]; 36811 (February 5, 1996), 61 FR 5433 [File
No. SR-DTC-95-15]; 35655 (April 28, 1995), 60 FR 22423 [File No. SR-
DTC-95-05]; 33958 (April 22, 1994), 59 FR 22878 [File No. SR-DTC-93-
12]; and 28424 (September 11, 1990), 55 FR 38428 [File No. SR-DTC-
90-08].
\4\ MMI maturity processing is initiated automatically each
morning by DTC, which electronically sweeps all maturing positions
of MMI CUSIPs from investors' custodian accounts and generates the
appropriate MPs. The MMI is then delivered to the account of the
appropriate issuing/paying agent (``IPA''). DTC debits the IPA's
account in the amount of the maturity proceeds for settlement that
day. DTC credits the same amount of the maturity proceeds to the
investor's custodian account for payment that day to the investor.
Processing of a pledged maturing MMI uses a DTC internal account and
generates deliver orders from the internal account to the pledgor
upon the processing of the release. However, in the event of a
market disruption, pledged MMIs will be automatically swept and
processed and will not be included in the maturity presentment
contingency system (MPCS) processing as are non-pledged MMIs, which
can be selectively released for processing in a market disruption
using MPCS.
\5\ Dealers or custodian banks may pledge MMI positions to a
pledgee bank. When the applicable MMI matures, MP transactions are
staged to DTC's Account Transaction Processor to deliver the pledged
position from an internal DTC account to the IPA in exchange for the
total maturity payment of the pledged position.
---------------------------------------------------------------------------
Other pledged MPs shall recycle in a ``pend'' queue until
additional collateral or liquidity for the IPA is infused later in the
day, which may come from payments sent to DTC by the IPA or from
credits resulting from the issuance of new commercial paper.
The proposed rule change is consistent with the requirements of
Section 17A of the Act \6\ and the rules and regulations thereunder
applicable to DTC because it assures the safeguarding of securities and
funds which are in the custody or control of DTC because pledged MP
transactions will be processed in the same manner as non-pledged MP
transactions and therefore
[[Page 72484]]
subject to collateral monitor and net debit cap controls.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------
(B) Self-Regulatory Organization's Statement on Burden on Competition
DTC does not believe that the proposed rule change will have any
impact on or impose any burden on competition.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
No written comments relating to the proposed rule change have been
solicited or received. DTC will notify the Commission of any written
comments received by DTC.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(i) of the Act \7\ and Rule 19b-4(f)(1) \8\
thereunder because the proposed rule change constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule. At any time within
sixty days of the filing of the proposed rule change, 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\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A)(i).
\8\ 17 CFR 240.19b-4(f)(1).
\9\ For purposes of calculating the 60-day 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 November 16, 2005, 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).
---------------------------------------------------------------------------
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 (https://
www.sec.gov/rules/sro.shtml) or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-DTC-2005-18 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
All submissions should refer to File Number SR-DTC-2005-18. This
file number should be included on the subject line if e-mail 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 (https://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 filing also will be available
for inspection and copying at the principal office of DTC and on DTC's
Web site at https://login.dtcc.com/dtcorg/. 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 SR-DTC-2005-18 and
should be submitted on or before December 27, 2005.
---------------------------------------------------------------------------
\10\ 17 CFR 200.30-3(a)(12).
For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
Jonathan G. Katz,
Secretary.
[FR Doc. E5-6825 Filed 12-2-05; 8:45 am]
BILLING CODE 8010-01-P