Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Addendum O, 33307-33308 [E9-16355]

Download as PDF sroberts on DSKD5P82C1PROD with NOTICES Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices Transfer Agent, Standard Registrar Transfer Agency, Inc., dated March 24, 2009 (‘‘Standard Letter’’); Robert M. Stanton, dated March 25, 2009 (‘‘Stanton Letter’’); Jonathan Miller, President, StockTrans, Inc., dated March 24, 2009 (‘‘StockTrans Letter’’); Paul Abel, General Counsel and Secretary, Suburban Propane Partners, L.P., dated November 16, 2006 (‘‘Suburban Letter’’) (resubmitted on March 3, 2009); Douglas Ian Shaw, Senior Vice President and Corporate Secretary, Suffolk County National Bank, Suffolk Bancorp, dated March 13, 2009 (‘‘Suffolk Letter’’); Holly Roseberry, Director, Superlattice Power, Inc., dated March 25, 2009 (‘‘Superlattice Letter’’); Steven B. Boehm and Cynthia M. Krus, Sutherland Asbill and Brennan LLP, dated March 31, 2009 (‘‘Sutherland Letter’’); Cheryl C. Carter, Corporate Secretary, Synalloy Corporation, dated March 25, 2009 (‘‘Synalloy Letter’’); Lewis B. Campbell, Chairman and Chief Executive Officer, Textron Inc., dated March 30, 2009 (‘‘Textron Letter’’); Cynthia H. Haynes, Vice President, Assistant Secretary and Assistant General Counsel, Texas Instruments Incorporated, dated March 26, 2009 (‘‘TI Letter’’); Hye-Won Choi, Senior Vice President and Head of Corporate Governance, TIAA–CREF, dated March 27, 2009 (‘‘TIAA–CREF Letter’’); Jonas Kron, Senior Social Research Analyst, Trillium Asset Management, dated March 17, 2009 (‘‘Trillium Letter’’); Scott Renwick, Senior Vice President and General Counsel, Unitrin, dated March 27, 2009 (‘‘Unitrin Letter’’); Donald A. French, Treasurer, UQM Technologies, Inc., dated March 26, 2009 (‘‘UQM Letter’’); Gregory A. Robbins, Senior Vice President and General Counsel, Veeco Instruments Inc., dated March 26, 2009 (‘‘Veeco Letter’’); Marianne Drost, Senior Vice President, Deputy General Counsel and Corporate Secretary, Verizon Communications Inc., dated March 27, 2009 (‘‘Verizon Letter’’); David A. Katz, Wachtell, Lipton, Rosen & Katz, dated March 26, 2009 (‘‘Wachtell Letter’’); Shelly L. Angus, Senior Vice President, Investor Relations, Washington Banking Company, dated March 23, 2009 (‘‘Washington Banking Letter’’); Robert J. LaForest, Vice President and Associate General Counsel, Whirlpool Corporation, dated March 26, 2009 (‘‘Whirlpool Letter’’); Michael C. Connelly, Vice President and General Counsel, Xcel Energy, dated March 27, 2009 (‘‘Xcel Letter’’); Anne M. Mulcahy, Chairman and Chief Executive Officer, Xerox Corporation, dated March 25, 2009 (‘‘Xerox Letter’’); and William D. Zollars, Chairman of the Board, President and Chief Executive Officer, and YRC Worldwide Inc., dated March 25, 2009 (‘‘YRC Letter’’). [FR Doc. E9–16318 Filed 7–9–09; 8:45 am] SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60234; File No. SR–NSCC– 2009–04] Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Addendum O July 2, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on June 19, 2009, the National Securities Clearing Corporation (‘‘NSCC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared primarily by NSCC. NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 2 and Rule 19b–4(f)(4) thereunder 3 so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change amends Addendum O to NSCC’s rules to correct Footnote 1 to make the footnote consistent with recently filed and effective changes to Addendum O. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The proposed rule change amends Footnote 1 of Addendum O (‘‘Admission of Non-US Entities as Direct NSCC Members’’) to NSCC’s BILLING CODE 8010–01–P 1 15 U.S.C. 78s(b)(1). U.S.C. 78s(b)(3)(A)(iii). 3 17 CFR 240.19b–4(f)(4). 2 15 VerDate Nov<24>2008 22:16 Jul 09, 2009 Jkt 217001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 33307 rules. The new footnote will state that Addendum O is not applicable to nonU.S. insurance companies. NSCC inadvertently failed to update Footnote 1 when it amended Addendum O earlier this year to permit non-U.S. entities to apply to be Mutual Fund/ Insurance Services Members, Fund Members, and Insurance Carrier/ Retirement Services Members.4 Those changes had the effect of making Addendum O inapplicable only to nonU.S. insurance companies since NSCC did not establish membership standards for non-U.S. insurance companies. This current rule change updates Footnote 1. NSCC states that the proposed rule change is consistent with the requirements of Section 17A of the Act 5 and the rules and regulations promulgated thereunder by making technical corrections to NSCC’s rules for internal consistency. B. Self-Regulatory Organization’s Statement on Burden on Competition NSCC 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 NSCC has not solicited or received written comments relating to the proposed rule change. NSCC will notify the Commission of any written comments it receives. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 6 and Rule 19b–4(f)(4) 7 thereunder because it effects a change in an existing service of a registered clearing agency that does not adversely affect the safeguarding of securities and funds in the custody or control of the clearing agency or for which it is responsible and does not significantly affect the respective rights or obligations of the clearing agency or persons using the service. At any time within 60 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 4 Securities Exchange Act Release No. 59413 (Feb. 18, 2009), 74 FR 8298 (Feb. 24, 2009). 5 15 U.S.C. 78q–1. 6 15 U.S.C. 78s(b)(3)(A)(ii). 7 17 CFR 240.19b–4(f)(2). E:\FR\FM\10JYN1.SGM 10JYN1 33308 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices in furtherance of the purposes of the Act. 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 rulecomment@sec.gov. Please include File No. SR–NSCC–2009–04 on the subject line. Paper Comments sroberts on DSKD5P82C1PROD with NOTICES All submissions should refer to File No. SR–NSCC–2009–04. 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 Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. to 3 p.m. Copies of such filing also will be available for inspection and copying at NSCC’s principal office and on NSCC’s Web site at https://www.nscc.com/legal/ index.html. 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 No. SR–NSCC– 2009–04 and should be submitted on or before July 31, 2009. 22:16 Jul 09, 2009 solicit comments on the proposed rule change from interested persons. BILLING CODE 8010–01–P The Exchange proposes to amend its CBOE Stock Exchange (‘‘CBSX’’) Fees Schedule to establish a new transaction fee for the stock component of a stockoption trade. The text of the proposed rule change is available on the Exchange’s Web site (https:// www.cboe.org/legal), at the Exchange’s Office of the Secretary, and at the Commission’s Public Reference Room. SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60198; File No. SR–BX– 2009–034] Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change to Amend the Fee Schedule of the Boston Options Exchange Facility Correction • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. VerDate Nov<24>2008 For the Commission by the Division of Trading and Markets, pursuant to delegated authority.8 Elizabeth M. Murphy, Secretary. [FR Doc. E9–16355 Filed 7–9–09; 8:45 am] Jkt 217001 In notice document E9–16036 beginning on page 32212 in the issue of Tuesday, July 7, 2009, make the following correction: On page 32213, in the third column, in the 17th line from the top, ‘‘July 29, 2009’’ should read ‘‘July 28, 2009’’. [FR Doc. Z9–16036 Filed 7–9–09; 8:45 am] BILLING CODE 1505–01–D SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60235; File No. SR–CBOE– 2009–046] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Chicago Board Options Exchange Stock Exchange Fees Schedule To Establish an Additional Transaction Fee Related to Stock Option Trades July 2, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’) 1 and Rule 19–4 thereunder,2 notice is hereby given that on July 1, 2009, the Chicago Board Options Exchange, Incorporated (the ‘‘Exchange’’ or ‘‘CBOE’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to PO 00000 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization 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 those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose CBSX is increasingly processing more stock trades that are the stock component of stock option transactions. CBOE now intends to establish a fee for the execution of the stock portion of a stock option transaction in which the stock is crossed using any of the cross order types outlined in CBSX Rule 51.8 (Types of Orders Handled). The proposed fee is $0.0025 per share subject to a $1 per trade minimum and a $50 per trade maximum. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (‘‘Act’’),3 in general, and furthers the objectives of Section 6(b)(4) 4 of the Act in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among CBOE members and other persons using its facilities. 8 17 1 15 Frm 00108 Fmt 4703 Sfmt 4703 3 15 4 15 E:\FR\FM\10JYN1.SGM U.S.C. 78f(b). U.S.C. 78f(b)(4). 10JYN1

Agencies

[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Pages 33307-33308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16355]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60234; File No. SR-NSCC-2009-04]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Relating to Addendum O

July 2, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on June 19, 2009, the 
National Securities Clearing Corporation (``NSCC'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change as described in Items I, II, and III below, which Items have 
been prepared primarily by NSCC. NSCC filed the proposed rule change 
pursuant to Section 19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-
4(f)(4) thereunder \3\ so that the proposal was effective upon filing 
with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The proposed rule change amends Addendum O to NSCC's rules to 
correct Footnote 1 to make the footnote consistent with recently filed 
and effective changes to Addendum O.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections A, B, 
and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    The proposed rule change amends Footnote 1 of Addendum O 
(``Admission of Non-US Entities as Direct NSCC Members'') to NSCC's 
rules. The new footnote will state that Addendum O is not applicable to 
non-U.S. insurance companies.
    NSCC inadvertently failed to update Footnote 1 when it amended 
Addendum O earlier this year to permit non-U.S. entities to apply to be 
Mutual Fund/Insurance Services Members, Fund Members, and Insurance 
Carrier/Retirement Services Members.\4\ Those changes had the effect of 
making Addendum O inapplicable only to non-U.S. insurance companies 
since NSCC did not establish membership standards for non-U.S. 
insurance companies. This current rule change updates Footnote 1.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 59413 (Feb. 18, 2009), 
74 FR 8298 (Feb. 24, 2009).
---------------------------------------------------------------------------

    NSCC states that the proposed rule change is consistent with the 
requirements of Section 17A of the Act \5\ and the rules and 
regulations promulgated thereunder by making technical corrections to 
NSCC's rules for internal consistency.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    NSCC 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

    NSCC has not solicited or received written comments relating to the 
proposed rule change. NSCC will notify the Commission of any written 
comments it receives.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(4) \7\ thereunder 
because it effects a change in an existing service of a registered 
clearing agency that does not adversely affect the safeguarding of 
securities and funds in the custody or control of the clearing agency 
or for which it is responsible and does not significantly affect the 
respective rights or obligations of the clearing agency or persons 
using the service. At any time within 60 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

[[Page 33308]]

in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 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-comment@sec.gov. Please include 
File No. SR-NSCC-2009-04 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File No. SR-NSCC-2009-04. 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 Room, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. to 3 p.m. Copies of such filing also will be available for 
inspection and copying at NSCC's principal office and on NSCC's Web 
site at https://www.nscc.com/legal/. 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 No. SR-NSCC-2009-04 and should be submitted on or 
before July 31, 2009.

    For the Commission by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-16355 Filed 7-9-09; 8:45 am]
BILLING CODE 8010-01-P
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