Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Haircuts Applied to Eligible Clearing Fund Securities and Eligible Participant Fund Securities, 39723-39725 [E9-18977]

Download as PDF 39723 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Notices 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. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of FINRA. 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–FINRA–2009–051 and should be submitted on or before August 28, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–18976 Filed 8–6–09; 8:45 am] BILLING CODE 8010–01–P (‘‘Act’’),1 notice is hereby given that on July 13, 2009, the Fixed Income Clearing Corporation (‘‘FICC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change described in Items I, II, and III below, which items have been prepared primarily by FICC. 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 modify the haircuts applied to Eligible Clearing Fund Securities and Eligible Participant Fund Securities. II. Self-Regulatory 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.2 (A) Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60421; File No. SR–FICC– 2009–07] Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Haircuts Applied to Eligible Clearing Fund Securities and Eligible Participant Fund Securities August 3, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 Under the Rules of the Government Securities Division (‘‘GSD’’) and the Mortgage-Backed Securities Division (‘‘MBSD’’) (‘‘Rules’’), GSD Members and MBSD Participants are required to deposit to the GSD Clearing Fund and MBSD Participants Fund, respectively, the amount of each Member’s or Participant’s required deposit, which is established by FICC in accordance with formulas specified in the Rules (‘‘Required Deposit’’). A Member or Participant may satisfy its Required Deposit with cash, and FICC may permit a portion of the Member’s or Participant’s deposit to be evidenced by an open account indebtedness secured by Eligible Clearing Fund Securities for the GSD and Eligible Participants Fund Securities for the MBSD. Eligible Clearing Fund Securities and Eligible Participants Fund Securities consist of certain Treasury, agency, and mortgagebacked securities. For reasons set forth in a companion rule filing, FICC’s affiliate, National Securities Clearing Corporation (‘‘NSCC’’), has increased haircuts on Clearing Fund collateral.3 Given that the haircuts are applied by FICC and NSCC systemically and on a harmonized basis, these changes are also being applied by FICC. Therefore, FICC proposes to modify the GSD’s Schedule of Haircuts for Eligible Clearing Fund Securities and the MBSD’s Schedule of Haircuts for Eligible Participants Fund Securities to update the correlating range of haircuts applied to the types of Eligible Clearing Fund Securities and Eligible Participants Fund Securities. Specifically, FICC proposes to increase the haircut on: (i) Interest bearing Treasuries with terms greater than 10 years but less than 15 years from the current 5 percent to 6 percent and (ii) zero coupon obligations of U.S. Treasury and Agency Securities from the current 2 to 10 percent based on term to 5 to 12 percent based on term. A complete listing of the haircut schedule, showing modifications, is as follows (deletions are in brackets and additions are italicized): GSD SCHEDULE OF HAIRCUTS FOR ELIGIBLE CLEARING FUND SECURITIES Security type Remaining maturity pwalker on DSK8KYBLC1PROD with NOTICES 1. Treasury Bills, Notes, Bonds, TIPS ........................... 11 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). VerDate Nov<24>2008 17:09 Aug 06, 2009 Jkt 217001 Zero to 1 year ................................................... 1 year to 2 years .............................................. 2 years to 5 years ............................................ 5 years to 10 years .......................................... 10 years to 15 years ........................................ 15 years or greater ........................................... Zero to 1 year ................................................... 2.0% 2.0% 3.0% 4.0% [5.0%] 6.0% 6.0% [2.0%] 5.0% 2 The Commission has modified the text of the summaries prepared by FICC. Zero Coupon .............................................. 1 15 Haircut 3 Securities Exchange Act Release No. 60368 (July 22, 2009), 74 FR 37275. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1 39724 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Notices GSD SCHEDULE OF HAIRCUTS FOR ELIGIBLE CLEARING FUND SECURITIES—Continued Security type Remaining maturity Haircut 1 year to 2 years .............................................. 2 years to 5 years ............................................ 5 years to 10 years .......................................... 10 years to 15 years ........................................ 15 years or greater ........................................... 2. Agency Notes, Bonds .............................................. Zero Coupon .............................................. 3. MBS Pass-throughs ...................................... 4. Self-issued MBS ............................................ [2.0%] [4.0%] [6.0%] [7.0%] [9.0%] 5.0% 5.0% 12.0% 12.0% 12.0% Zero to 1 year ................................................... 1 year to 2 years .............................................. 2 years to 5 years ............................................ 5 years to 10 years .......................................... 10 years to 15 years ........................................ 15 years or greater ........................................... Zero to 1 year ................................................... 1 year to 2 years .............................................. 2 years to 5 years ............................................ 5 years to 10 years .......................................... 10 years to 15 years ........................................ 15 years or greater ........................................... Ginnie Mae ....................................................... Fannie Mae/Freddie Mac ................................. ........................................................................... 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% [2.0%] 5.0% [3.0%] 5.0% 5.0% [7.0%] 12.0% [8.0%] 12.0% [10.0%] 12.0% 6.0% 7.0% 14% (or 21% if 25% concentration limit is exceeded). MBSD SCHEDULE OF HAIRCUTS FOR ELIGIBLE PARTICIPANTS FUND SECURITIES Security type Remaining maturity 1. Treasury Bills, Notes, Bonds, TIPS ........................... Haircut Zero to 1 year ................................................... 1 year to 2 years .............................................. 2 years to 5 years ............................................ 5 years to 10 years .......................................... 10 years to 15 years ........................................ 15 years or greater ........................................... Zero to 1 year ................................................... 1 year to 2 years .............................................. 2 years to 5 years ............................................ 5 years to 10 years .......................................... 10 years to 15 years ........................................ 15 years or greater ........................................... 2.0% 2.0% 3.0% 4.0% [5.0%] 6.0% [2.0%] [2.0%] [4.0%] [6.0%] [7.0%] [9.0%] 4. Self-issued MBS ............................................ Zero to 1 year ................................................... 1 year to 2 years .............................................. 2 years to 5 years ............................................ 5 years to 10 years .......................................... 10 years to 15 years ........................................ 15 years or greater ........................................... Zero to 1 year ................................................... 1 year to 2 years .............................................. 2 years to 5 years ............................................ 5 years to 10 years .......................................... 10 years to 15 years ........................................ 15 years or greater ........................................... Ginnie Mae ....................................................... Fannie Mae/Freddie Mac ................................. ........................................................................... 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% [2.0%] 5.0% [3.0%] 5.0% 5.0% [7.0%] 12.0% [8.0%] 12.0% [10.0%] 12.0% 6.0% 7.0% 14% (or 21% if 25% concentration limit is exceeded). These changes will become effective as of August 3, 2009. FICC believes that the proposed rule change is consistent with the requirements of Section 17A of the Act 4 and the rules and regulations thereunder applicable to FICC because the proposed rule change should facilitate the prompt and accurate clearance and settlement of securities transactions by adjusting FICC’s haircut levels on Eligible Clearing Fund Securities and Eligible Participant Fund Securities and facilitating FICC’s ability to ensure adequate collateral levels are maintained to facilitate settlement in the event of a Member or Participant default. Zero Coupon .............................................. 2. Agency Notes, Bonds .............................................. Zero Coupon .............................................. pwalker on DSK8KYBLC1PROD with NOTICES 3. MBS Pass-Throughs ..................................... 4 15 U.S.C. 78q–1. VerDate Nov<24>2008 17:09 Aug 06, 2009 Jkt 217001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 6.0% 5.0% 5.0% 5.0% 12.0% 12.0% 12.0% (B) Self-Regulatory Organization’s Statement on Burden on Competition FICC does not believe that the proposed rule change will have any impact on or impose any burden on competition. E:\FR\FM\07AUN1.SGM 07AUN1 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Notices (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. 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 rule change has become effective upon filing pursuant to Section 19(b)(3)(A)(iii) of the Act 5 and Rule 19b–4(f)(4) 6 thereunder because the proposed rule change effects a change in an existing service of FICC that (i) does not adversely affect the safeguarding of securities or funds in the custody or control of FICC or for which it is responsible and (ii) does not significantly affect the respective rights of the clearing agency or persons using the service. At any time within sixty days of the filing of such 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. 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, on official business days between the hours of 10 a.m. and 3 p.m. 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 https://www.dtcc.com/ legal/rule_filings/FICC/2009.php. 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–FICC–2009–07 and should be submitted on or before August 28, 2009. For the Commission by the Division of Trading and Markets, pursuant to delegated authority.7 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–18977 Filed 8–6–09; 8:45 am] 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–FICC–2009–07 on the subject line. pwalker on DSK8KYBLC1PROD with 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 is consistent with the Act. Comments may be submitted by any of the following methods: SECURITIES AND EXCHANGE COMMISSION 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 Number SR–FICC–2009–07. 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 BILLING CODE 8010–01–P [Release No. 34–60422; File No. SR–FINRA– 2009–048] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of Proposed Rule Change to Adopt FINRA Rule 5230 (Payments Involving Publications that Influence the Market Price of a Security) in the Consolidated FINRA Rulebook August 3, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on July 21, 2009, Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) (f/k/a National Association of Securities 7 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 5 15 U.S.C. 78s(b)(3)(A)(iii). 6 17 CFR 240.19b–4(f)(4). VerDate Nov<24>2008 17:09 Aug 06, 2009 1 15 Jkt 217001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 39725 Dealers, Inc. (‘‘NASD’’)) 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 FINRA. 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 FINRA is proposing to adopt NASD Rule 3330 (Payment Designed to Influence Market Prices, Other than Paid Advertising) as FINRA Rule 5230 in the consolidated FINRA rulebook, with several changes to clarify the scope of the rule. The text of the proposed rule change is available on FINRA’s Web site at https://www.finra.org, at the principal office of FINRA and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA 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. FINRA 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 1. Purpose As part of the process of developing a new consolidated rulebook (‘‘Consolidated FINRA Rulebook’’),3 FINRA is proposing to adopt NASD Rule 3330 into the Consolidated FINRA Rulebook as FINRA Rule 5230 with 3 The current FINRA rulebook consists of (1) FINRA Rules; (2) NASD Rules; and (3) rules incorporated from NYSE (‘‘Incorporated NYSE Rules’’) (together, the NASD Rules and Incorporated NYSE Rules are referred to as the ‘‘Transitional Rulebook’’). While the NASD Rules generally apply to all FINRA members, the Incorporated NYSE Rules apply only to those members of FINRA that are also members of the NYSE (‘‘Dual Members’’). The FINRA Rules apply to all FINRA members, unless such rules have a more limited application by their terms. For more information about the rulebook consolidation process, see FINRA Information Notice, March 12, 2008 (Rulebook Consolidation Process). E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Notices]
[Pages 39723-39725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18977]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60421; File No. SR-FICC-2009-07]


Self-Regulatory Organizations; Fixed Income Clearing Corporation; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Modify Haircuts Applied to Eligible Clearing Fund Securities and 
Eligible Participant Fund Securities

August 3, 2009.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on July 13, 2009, the Fixed 
Income Clearing Corporation (``FICC'') filed with the Securities and 
Exchange Commission (``Commission'') the proposed rule change described 
in Items I, II, and III below, which items have been prepared primarily 
by FICC. 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 modify the haircuts 
applied to Eligible Clearing Fund Securities and Eligible Participant 
Fund Securities.

II. Self-Regulatory 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.\2\
---------------------------------------------------------------------------

    \2\ The Commission has modified the text of the summaries 
prepared by FICC.
---------------------------------------------------------------------------

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

    Under the Rules of the Government Securities Division (``GSD'') and 
the Mortgage-Backed Securities Division (``MBSD'') (``Rules''), GSD 
Members and MBSD Participants are required to deposit to the GSD 
Clearing Fund and MBSD Participants Fund, respectively, the amount of 
each Member's or Participant's required deposit, which is established 
by FICC in accordance with formulas specified in the Rules (``Required 
Deposit'').
    A Member or Participant may satisfy its Required Deposit with cash, 
and FICC may permit a portion of the Member's or Participant's deposit 
to be evidenced by an open account indebtedness secured by Eligible 
Clearing Fund Securities for the GSD and Eligible Participants Fund 
Securities for the MBSD. Eligible Clearing Fund Securities and Eligible 
Participants Fund Securities consist of certain Treasury, agency, and 
mortgage-backed securities.
    For reasons set forth in a companion rule filing, FICC's affiliate, 
National Securities Clearing Corporation (``NSCC''), has increased 
haircuts on Clearing Fund collateral.\3\ Given that the haircuts are 
applied by FICC and NSCC systemically and on a harmonized basis, these 
changes are also being applied by FICC.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 60368 (July 22, 2009), 
74 FR 37275.
---------------------------------------------------------------------------

    Therefore, FICC proposes to modify the GSD's Schedule of Haircuts 
for Eligible Clearing Fund Securities and the MBSD's Schedule of 
Haircuts for Eligible Participants Fund Securities to update the 
correlating range of haircuts applied to the types of Eligible Clearing 
Fund Securities and Eligible Participants Fund Securities. 
Specifically, FICC proposes to increase the haircut on: (i) Interest 
bearing Treasuries with terms greater than 10 years but less than 15 
years from the current 5 percent to 6 percent and (ii) zero coupon 
obligations of U.S. Treasury and Agency Securities from the current 2 
to 10 percent based on term to 5 to 12 percent based on term.
    A complete listing of the haircut schedule, showing modifications, 
is as follows (deletions are in brackets and additions are italicized):

     GSD Schedule of Haircuts for Eligible Clearing Fund Securities
------------------------------------------------------------------------
          Security type           Remaining maturity        Haircut
------------------------------------------------------------------------
1. Treasury
    Bills, Notes, Bonds, TIPS...  Zero to 1 year....  2.0%
                                  1 year to 2 years.  2.0%
                                  2 years to 5 years  3.0%
                                  5 years to 10       4.0%
                                   years.
                                  10 years to 15      [5.0%] 6.0%
                                   years.
                                  15 years or         6.0%
                                   greater.
    Zero Coupon.................  Zero to 1 year....  [2.0%] 5.0%

[[Page 39724]]

 
                                  1 year to 2 years.  [2.0%] 5.0%
                                  2 years to 5 years  [4.0%] 5.0%
                                  5 years to 10       [6.0%] 12.0%
                                   years.
                                  10 years to 15      [7.0%] 12.0%
                                   years.
                                  15 years or         [9.0%] 12.0%
                                   greater.
2. Agency
    Notes, Bonds................  Zero to 1 year....  2.0%
                                  1 year to 2 years.  3.0%
                                  2 years to 5 years  4.0%
                                  5 years to 10       5.0%
                                   years.
                                  10 years to 15      6.0%
                                   years.
                                  15 years or         7.0%
                                   greater.
    Zero Coupon.................  Zero to 1 year....  [2.0%] 5.0%
                                  1 year to 2 years.  [3.0%] 5.0%
                                  2 years to 5 years  5.0%
                                  5 years to 10       [7.0%] 12.0%
                                   years.
                                  10 years to 15      [8.0%] 12.0%
                                   years.
                                  15 years or         [10.0%] 12.0%
                                   greater.
3. MBS Pass-throughs............  Ginnie Mae........  6.0%
                                  Fannie Mae/Freddie  7.0%
                                   Mac.
4. Self-issued MBS..............  ..................  14% (or 21% if 25%
                                                       concentration
                                                       limit is
                                                       exceeded).
------------------------------------------------------------------------


   MBSD Schedule of Haircuts for Eligible Participants Fund Securities
------------------------------------------------------------------------
          Security type           Remaining maturity        Haircut
------------------------------------------------------------------------
1. Treasury
    Bills, Notes, Bonds, TIPS...  Zero to 1 year....  2.0%
                                  1 year to 2 years.  2.0%
                                  2 years to 5 years  3.0%
                                  5 years to 10       4.0%
                                   years.
                                  10 years to 15      [5.0%] 6.0%
                                   years.
                                  15 years or         6.0%
                                   greater.
    Zero Coupon.................  Zero to 1 year....  [2.0%] 5.0%
                                  1 year to 2 years.  [2.0%] 5.0%
                                  2 years to 5 years  [4.0%] 5.0%
                                  5 years to 10       [6.0%] 12.0%
                                   years.
                                  10 years to 15      [7.0%] 12.0%
                                   years.
                                  15 years or         [9.0%] 12.0%
                                   greater.
2. Agency
    Notes, Bonds................  Zero to 1 year....  2.0%
                                  1 year to 2 years.  3.0%
                                  2 years to 5 years  4.0%
                                  5 years to 10       5.0%
                                   years.
                                  10 years to 15      6.0%
                                   years.
                                  15 years or         7.0%
                                   greater.
    Zero Coupon.................  Zero to 1 year....  [2.0%] 5.0%
                                  1 year to 2 years.  [3.0%] 5.0%
                                  2 years to 5 years  5.0%
                                  5 years to 10       [7.0%] 12.0%
                                   years.
                                  10 years to 15      [8.0%] 12.0%
                                   years.
                                  15 years or         [10.0%] 12.0%
                                   greater.
3. MBS Pass-Throughs............  Ginnie Mae........  6.0%
                                  Fannie Mae/Freddie  7.0%
                                   Mac.
4. Self-issued MBS..............  ..................  14% (or 21% if 25%
                                                       concentration
                                                       limit is
                                                       exceeded).
------------------------------------------------------------------------

    These changes will become effective as of August 3, 2009.
    FICC believes that the proposed rule change is consistent with the 
requirements of Section 17A of the Act \4\ and the rules and 
regulations thereunder applicable to FICC because the proposed rule 
change should facilitate the prompt and accurate clearance and 
settlement of securities transactions by adjusting FICC's haircut 
levels on Eligible Clearing Fund Securities and Eligible Participant 
Fund Securities and facilitating FICC's ability to ensure adequate 
collateral levels are maintained to facilitate settlement in the event 
of a Member or Participant default.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    FICC does not believe that the proposed rule change will have any 
impact on or impose any burden on competition.

[[Page 39725]]

(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. 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 rule change has become effective upon filing pursuant 
to Section 19(b)(3)(A)(iii) of the Act \5\ and Rule 19b-4(f)(4) \6\ 
thereunder because the proposed rule change effects a change in an 
existing service of FICC that (i) does not adversely affect the 
safeguarding of securities or funds in the custody or control of FICC 
or for which it is responsible and (ii) does not significantly affect 
the respective rights of the clearing agency or persons using the 
service. At any time within sixty days of the filing of such 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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-FICC-2009-07 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 Number SR-FICC-2009-07. 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, on official business days between the hours 
of 10 a.m. and 3 p.m. 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 https://www.dtcc.com/legal/rule_filings/FICC/2009.php. 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-FICC-2009-07 and should be 
submitted on or before August 28, 2009.

    For the Commission by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-18977 Filed 8-6-09; 8:45 am]
BILLING CODE 8010-01-P
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