Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish a Mechanism by Which It Will Collect and Pass-Through Fees Owed by Participants to American Depository Receipt Agents for Certain Issues and To Collect a Charge for This Service, 34974-34976 [E6-9439]
Download as PDF
34974
Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
transactions resulting from orders from
non-member market-makers;
transactions resulting from inbound P/A
orders or a transaction resulting from
the execution of an order against the
DPM’s account if an order directly
related to that order is represented and
executed through the Linkage Plan
using the DPM’s account; transactions
resulting from accommodation
liquidations (cabinet trades); and
transactions resulting from dividend
strategies, merger strategies, and short
stock interest strategies as defined in
footnote 13 of the CBOE Fees Schedule.
CBOE states that the marketing fee is
assessed on all equity option classes and
options on HOLDRs, options on SPDRs,
options on DIA, options on the Nasdaq100 (NDX) Index and options on the
Russell 2000 (RUT) Index. CBOE states
that its marketing fee program currently
is in effect until June 2, 2006, which is
the date that CBOE’s pilot program
establishing its Preferred Market-Maker
Program was scheduled to expire.
CBOE has extended its Preferred
Market-Maker Program until June 2,
2007.5 In connection with the extension
of the Preferred Market-Maker Program,
CBOE proposes to extend the marketing
fee program until June 2, 2007.
CBOE states that it is not amending its
marketing fee program in any other
respect.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,6 in general, and
furthers the objectives of Section 6(b)(4)
of the Act,7 in particular, in that it is
designed to provide for the equitable
allocation of reasonable dues, fees, and
other charges among CBOE members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
wwhite on PROD1PC61 with NOTICES
The Exchange neither solicited nor
received comments on the proposal.
5 See Securities Exchange Act Release No. 53922
(June 2, 2006), 71 FR 33017 (June 7, 2006) (SR–
CBOE–2006–52).
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(4).
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18:25 Jun 15, 2006
Jkt 208001
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has been designated as a fee change
pursuant to Section 19(b)(3)(A)(ii) of the
Act 8 and Rule 19b–4(f)(2) 9 thereunder,
because it establishes or changes a due,
fee, or other charge imposed by the
Exchange. Accordingly, the proposal
will take effect upon filing with the
Commission. At any time within 60
days of the filing of such 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.
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–2006–53 and should
be submitted on or before July 7, 2006.
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:
BILLING CODE 8010–01–P
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–2006–53 on the
subject line.
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Establish a
Mechanism by Which It Will Collect
and Pass-Through Fees Owed by
Participants to American Depository
Receipt Agents for Certain Issues and
To Collect a Charge for This Service
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–CBOE–2006–53. 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
8 15
9 17
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
Frm 00105
Fmt 4703
Sfmt 4703
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.10
Nancy M. Morris,
Secretary.
[FR Doc. E6–9435 Filed 6–15–06; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53970; File No. SR–DTC–
2006–08]
June 12, 2006.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
April 28, 2006, The Depository Trust
Company (‘‘DTC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) and on May 2, 2006,
amended 2 the proposed rule change
described in Items I, II, and III below,
which items have been prepared
primarily by DTC. DTC filed the
proposed rule change pursuant to
section 19(b)(3)(A)(ii) of the Act 3 and
Rule 19b–4(f)(2) 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.
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 The amendment attached the comment letter
from the Securities Operations Division of the
Securities Industry Association that DTC had
inadvertently omitted. Details of that comment
letter are set forth later in this Notice.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b.4(f)(2).
1 15
E:\FR\FM\16JNN1.SGM
16JNN1
34975
Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The purpose of the rule change is to
allow for the establishment of a
mechanism by which DTC will collect
and pass-through fees owed by its
participants to American Depositary
Receipt (‘‘ADR’’) agents for certain
issues, and to implement a charge for
this service.
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.5
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
Typically, an ADR agent is authorized
under its agreement with the issuer to
impose a custody fee on holders of the
issue. A common practice for collection
of this fee is for the ADR agent to
subtract the amount of the fee from the
gross dividend payable to the ADR
holders. This practice is effectuated by
DTC announcing to participants both
the gross dividend rate and the net
dividend rate after deduction of the
ADR custody fee, the ADR agent paying
DTC the net dividend, and DTC
allocating the net dividend to
participants. However, a number of ADR
issues do not pay periodic dividends,
which prevents the associated fees from
being collected through the abovedescribed mechanism.
Pursuant to discussions with industry
representatives and in order to facilitate
a more efficient ADR fee collection
process, DTC is proposing to introduce
a mechanism by which it will collect
from participants and will pass through
to ADR agents custody fees for issues
that do not pay periodic dividends as
such fees are reported to DTC by the
ADR agents. DTC has discussed this
proposal with three divisions of the
Securities Industry Association (‘‘SIA’’),
the Corporate Actions Division,
Dividends Division, and Securities
Operations Divisions (‘‘SOD’’). The SOD
Regulatory and Clearance Committee
prepared and sent to DTC a
memorandum on DTC’s proposal. The
memorandum concluded that DTC
should collect such fees through its
normal monthly billing process.6
In order to cover costs incurred in
collecting fees associated with ADR
issues that do not pay periodic
dividends, DTC will implement a
collection charge equal to three percent
(3%) of the ADR agent fee amount
collected from each participant up to a
maximum of $4,000. DTC will not retain
a charge a collection fee if its computed
collection charge is less than $50. This
collection fee will appear in the DTC fee
schedule as follows:
Service
Current fee
Proposed fee
Per
Collection of ADR agent fees for issues not paying periodic
dividends.
N/A ..............
Scaled fee (3% of ADR agent
fee); maximum of $4,000;
$0 if computed charge is
less than $50.
Per CUSIP, per participant position.
DTC believes the proposed rule
change is consistent with section 17A of
the Act,7 as amended, because it
updates its fee schedule. As such, it
provides for the equitable allocation of
fees among its participants and aligns
fees for services with the associated cost
to deliver the service.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
DTC does not believe that the
proposed rule change will have any
impact or impose any burden on
competition.
wwhite on PROD1PC61 with NOTICES
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
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)(ii) of the
Act 8 and Rule 19b–4(f)(2) 9 thereunder
because the rule establishes a due, fee,
or other charge. 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.
IV. Solicitation of Comments
A written memorandum supporting
the proposed rule change was submitted
by the Regulatory & Clearance
Committee of the Securities Operations
Division of the Securities Industry
Association. No other written comments
were solicited or received.
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:
5 The Commission has modified the text of the
summaries prepared by DTC.
6 Memorandum from Albert Howell, Chairman,
Regulatory & Clearance Committee, Securities
Operations Division, Securities Industry
Association, to William Hodash, Managing Director,
The Depository Trust and Clearing Company
(March 7, 2006).
VerDate Aug<31>2005
18:25 Jun 15, 2006
Jkt 208001
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
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–2006–08 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–DTC–2006–08. 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
7 15
U.S.C. 78q.1.
U.S.C. 78s(b)(3)(A)(ii).
9 17 CFR 240.19b–4(f)(2).
8 15
E:\FR\FM\16JNN1.SGM
16JNN1
34976
Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
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 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–
2006–08 and should be submitted on or
before July 7, 2006.
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.10
Nancy M. Morris,
Secretary.
[FR Doc. E6–9439 Filed 6–15–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53977; File No. SR–NASD–
2006–055]
Self-Regulatory Organizations;
National Association of Securities
Dealers, Inc.; Order Granting Approval
of a Proposed Rule Change To Require
Members To Report All Transactions
That Must Be Reported to NASD and
Are Subject to a Regulatory
Transaction Fee to the Nasdaq Market
Center and/or the Trade Reporting and
Comparison Service
wwhite on PROD1PC61 with NOTICES
June 12, 2006.
On April 21, 2006, the National
Association of Securities Dealers, Inc.
(‘‘NASD’’) filed with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
proposed rule change to require NASD
members to report all transactions that
must be reported to NASD and that are
subject to a regulatory transaction fee
pursuant to Section 3 of Schedule A to
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Aug<31>2005
18:25 Jun 15, 2006
Jkt 208001
the NASD By-Laws (‘‘Section 3’’) to the
Nasdaq Market Center (‘‘NMC’’) and/or
the Trade Reporting and Comparison
Service (‘‘TRACS’’). The proposed rule
change was published for comment in
the Federal Register on May 8, 2006.3
The Commission received no comments
on the proposal. This order approves the
proposed rule change.
Currently, NASD obtains funds to pay
its Section 31 fees and assessments from
its membership, in accordance with
Section 3. Further, NASD represents
that most of the transactions that are
assessed a fee under Section 3 are
subject to automated reporting to NMC
or TRACS pursuant to NASD trade
reporting rules. NASD member firms,
however, currently are required to
manually self-report covered sales that
are odd lots, away-from-the-market
sales, and exercises of OTC options.
NASD represents that the current selfreporting process has allowed NASD to
meet its obligations under section 31 of
the Act.4 However, there have been
instances when some NASD members
have filed their self-reporting forms late
or amended previous forms in later
months to include additional covered
sales volume. NASD has now proposed
to require automated reporting, to NMC
or TRACS, of these additional types of
covered sales, so that all covered sales
that must be reported for purposes of
Section 3 are reported in an automated
fashion. NASD also has proposed to
establish separate modifiers for reports
of covered sales that are odd lots, awayfrom-the-market sales, and exercises of
OTC options. NASD would not print
these transactions to the Consolidated
Tape.
NASD will announce the effective
date of the proposed rule change in a
Notice to Members to be published no
later than 60 days following this
approval order. The effective date
would be at least 90 days following
publication of the Notice to Members
announcing Commission approval to
allow firms sufficient time to make any
necessary systems changes.
The Commission finds that the
proposed rule change is consistent with
the requirements of section 15A of the
Act,5 and the rules and regulations
thereunder applicable to a national
securities association.6 In particular, the
Commission finds that the proposed
rule change is consistent with section
3 See Securities Exchange Act Release No. 53748
(May 2, 2006), 71 FR 26795.
4 15 U.S.C. 78ee.
5 15 U.S.C. 78o–3.
6 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
15A(b)(6) of the Act,7 which requires,
among other things, that NASD’s rules
be designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, and, in general, to protect
investors and the public interest. The
proposal should improve the efficiency,
accuracy, and timeliness of NASD trade
reporting by requiring automated
reporting of certain types of transactions
that currently are manually reported to
NASD and is, therefore, reasonable and
consistent with the Act.
It is therefore ordered, pursuant to
section 19(b)(2) of the Act,8 that the
proposed rule change (SR–NASD–2006–
055) is approved.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.9
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6–9438 Filed 6–15–06; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53967; File No. SR–NYSE–
2006–19]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing of Proposed Rule Change and
Amendment No. 1 Thereto to List and
Trade Index-Linked Notes of Barclays
Bank PLC Linked to the Performance
of the Goldman Sachs Crude Oil Total
Return IndexTM
June 9, 2006.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 2 thereunder,
notice is hereby given that on March 13,
2006, the New York Stock Exchange,
Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by the Exchange.
On March 27, 2006, NYSE filed
Amendment No. 1 to the proposed rule
change.3 On May 26, 2006, NYSE filed
Amendment No. 2 to the proposed rule
7 15
U.S.C. 78o–3(b)(6).
U.S.C. 78s(b)(2).
9 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 In Amendment No. 1, the Exchange notes
proposed Supplementary Material to NYSE Rule
1301B in SR–NYSE–2006–17, which sets forth
guidelines for specialists applicable to this product.
The Exchange also makes clarifying and technical
change to this proposal in Amendment No. 1.
8 15
E:\FR\FM\16JNN1.SGM
16JNN1
Agencies
[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34974-34976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9439]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-53970; File No. SR-DTC-2006-08]
Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish a Mechanism by Which It Will Collect and Pass-Through Fees
Owed by Participants to American Depository Receipt Agents for Certain
Issues and To Collect a Charge for This Service
June 12, 2006.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on April 28, 2006, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') and on May 2, 2006, amended \2\
the proposed rule change described in Items I, II, and III below, which
items have been prepared primarily by DTC. DTC filed the proposed rule
change pursuant to section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-
4(f)(2) \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 attached the comment letter from the
Securities Operations Division of the Securities Industry
Association that DTC had inadvertently omitted. Details of that
comment letter are set forth later in this Notice.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b.4(f)(2).
---------------------------------------------------------------------------
[[Page 34975]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The purpose of the rule change is to allow for the establishment of
a mechanism by which DTC will collect and pass-through fees owed by its
participants to American Depositary Receipt (``ADR'') agents for
certain issues, and to implement a charge for this service.
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.\5\
---------------------------------------------------------------------------
\5\ 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
Typically, an ADR agent is authorized under its agreement with the
issuer to impose a custody fee on holders of the issue. A common
practice for collection of this fee is for the ADR agent to subtract
the amount of the fee from the gross dividend payable to the ADR
holders. This practice is effectuated by DTC announcing to participants
both the gross dividend rate and the net dividend rate after deduction
of the ADR custody fee, the ADR agent paying DTC the net dividend, and
DTC allocating the net dividend to participants. However, a number of
ADR issues do not pay periodic dividends, which prevents the associated
fees from being collected through the above-described mechanism.
Pursuant to discussions with industry representatives and in order
to facilitate a more efficient ADR fee collection process, DTC is
proposing to introduce a mechanism by which it will collect from
participants and will pass through to ADR agents custody fees for
issues that do not pay periodic dividends as such fees are reported to
DTC by the ADR agents. DTC has discussed this proposal with three
divisions of the Securities Industry Association (``SIA''), the
Corporate Actions Division, Dividends Division, and Securities
Operations Divisions (``SOD''). The SOD Regulatory and Clearance
Committee prepared and sent to DTC a memorandum on DTC's proposal. The
memorandum concluded that DTC should collect such fees through its
normal monthly billing process.\6\
---------------------------------------------------------------------------
\6\ Memorandum from Albert Howell, Chairman, Regulatory &
Clearance Committee, Securities Operations Division, Securities
Industry Association, to William Hodash, Managing Director, The
Depository Trust and Clearing Company (March 7, 2006).
---------------------------------------------------------------------------
In order to cover costs incurred in collecting fees associated with
ADR issues that do not pay periodic dividends, DTC will implement a
collection charge equal to three percent (3%) of the ADR agent fee
amount collected from each participant up to a maximum of $4,000. DTC
will not retain a charge a collection fee if its computed collection
charge is less than $50. This collection fee will appear in the DTC fee
schedule as follows:
----------------------------------------------------------------------------------------------------------------
Service Current fee Proposed fee Per
----------------------------------------------------------------------------------------------------------------
Collection of ADR agent fees for N/A..................... Scaled fee (3% of ADR Per CUSIP, per
issues not paying periodic agent fee); maximum of participant position.
dividends. $4,000; $0 if computed
charge is less than
$50.
----------------------------------------------------------------------------------------------------------------
DTC believes the proposed rule change is consistent with section
17A of the Act,\7\ as amended, because it updates its fee schedule. As
such, it provides for the equitable allocation of fees among its
participants and aligns fees for services with the associated cost to
deliver the service.
---------------------------------------------------------------------------
\7\ 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 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
A written memorandum supporting the proposed rule change was
submitted by the Regulatory & Clearance Committee of the Securities
Operations Division of the Securities Industry Association. No other
written comments were solicited or received.
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)(ii) of the Act \8\ and Rule 19b-4(f)(2)
\9\ thereunder because the rule establishes a due, fee, or other
charge. 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.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A)(ii).
\9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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-2006-08 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-DTC-2006-08. 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
[[Page 34976]]
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 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-2006-08 and should be submitted on or before July 7, 2006.
For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-9439 Filed 6-15-06; 8:45 am]
BILLING CODE 8010-01-P