Self-Regulatory Organizations; The Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Modify the Fee Schedule of the Government Securities Division of the Fixed Income Clearing Corporation, 4430-4431 [2010-1603]

Download as PDF 4430 Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Notices Further procedures. By statute, the Commission is required to issue its decision within 120 days from the date this appeal was filed [39 U.S.C. 404(d)(5)]. A procedural schedule has been developed to accommodate this statutory deadline. In the interest of expedition, in light of the 120–day decision schedule, the Commission may request the Postal Service or other participants to submit information or memoranda of law on any appropriate issue. As required by the Commission rules, if any motions are filed, responses are due 7 days after any such motion is filed. 39 CFR 3001.21. It is ordered: 1. The Postal Service shall file the administrative record in this appeal, or otherwise file a responsive pleading to the appeal, by February 1, 2010. 2. The procedural schedule listed below is hereby adopted. 3. Pursuant to 39 U.S.C. 505, Richard A. Oliver is designated officer of the Commission (Public Representative) to represent the interests of the general public. 4. The Secretary shall arrange for publication of this notice and order and procedural schedule in the Federal Register. Concurring Opinion of Commissioner Blair. I concur in the establishment of the docket to hear the appeal of the closing of the Sundance retail station located in Steamboat Springs, Colorado. The appeal appears to have met the preliminary test of being filed within the timeline prescribed by the statute. However, I have serious concerns about this docket and its timing. These concerns include how this case might impact the Commission’s deliberations and anticipated decision in the proceeding regarding an advisory opinion on the Postal Service Station and Branch Optimization and Consolidation Initiative, Docket No. N2009–1 and whether the Commission’s consideration of this appeal may preempt issues raised in Docket No. N2009–1. It also comes at the time the Commission is receiving public comment on its public investigation into post office suspensions, Docket No. PI2010–1. By the Commission. Shoshana M .Grove, Secretary. PROCEDURAL SCHEDULE December 29, 2009 ...... February 1, 2010 ........... February 4, 2010 ........... February 16, 2010 ......... February 24, 2010 ......... March 11, 2010 ............. March 18, 2010 ............. April 28, 2010 ................ Filing of Appeal. Deadline for Postal Service to file administrative record in this appeal or responsive pleading. Deadline for petitioner’s form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). Deadline for petitioners to intervene (see 39 CFR 3001.111(b)). Deadline for answering brief in support of Postal Service (see 39 CFR 3001.115(c)). Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). [FR Doc. 2010–1612 Filed 1–26–10; 8:45 am] BILLING CODE 4830–01–S SECURITIES AND EXCHANGE COMMISSION [Release No. 34–61395; File No. SR–FICC– 2009–11] Self-Regulatory Organizations; The Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Modify the Fee Schedule of the Government Securities Division of the Fixed Income Clearing Corporation proposed rule change described in Items I, II, and III below, which items have been prepared primarily by FICC. FICC filed the proposal pursuant to Section 19(b)(3)(A)(ii) of the Act 2 and Rule 19b– 4(f)(2) 3 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. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on December 29, 2009, the Fixed Income Clearing Corporation (‘‘FICC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the srobinson on DSKHWCL6B1PROD with NOTICES January 21, 2010. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change amends FICC’s rules to modify the fee schedules of its Government Securities Division (‘‘GSD’’). 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.4 (A) Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change (a) The purpose of this filing is to modify participant fees as outlined below. The fee changes were effective as of January 4, 2010. (i) The GSD fee structure for submission of a side of a trade and submission of a repo transaction is revised to reflect the following: 2009 Fee Up to 50,000 submissions per month .................................. 50,000 to 100,001 submissions per month .......................... 1 15 2 15 U.S.C. 78s(b)(1). U.S.C. 78s(b)(3)(A)(ii). VerDate Nov<24>2008 16:22 Jan 26, 2010 3 17 Jkt 220001 PO 00000 2010 Proposed fee $0.16 per item ......................................... $0.08 per item ......................................... CFR 240.19b–4(f)(2). Frm 00095 Fmt 4703 $0.21 per item. $0.12 per item. 4 The Commission has modified the text of the summaries prepared by FICC. Sfmt 4703 E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Notices 4431 (ii) The following Netting Fee and Charges were revised as follows: 2009 Fee 1. For each side of a compared trade, other than a repo transaction, that is netted, a fee equaling the sum (in addition to the comparison fee) of: 2. For each start leg or close leg of a repo transaction other than a GCF repo transaction that is netted, a fee equaling the sum (in addition to the comparison fee) of: and; (iii) The charge for each deliver obligation and receive obligation created as a result of the netting process was a fee of $0.060 per $1 million of par value. This fee was increased to $0.10 per $1 million. The proposed rule change is consistent with Section 17A of the Act,5 as amended, and the rules and regulations thereunder applicable to FICC. The proposed rule change updates FICC’s fee schedule for GSD thereby providing for the equitable allocation of fees among its participants. (B) Self-Regulatory Organization’s Statement on Burden on Competition FICC does not believe that the proposed rule change will have any impact or impose any burden on competition. (C) Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments relating to the proposed rule change were not and are not intended to be solicited or received. FICC will notify the Commission of any written comments received by FICC. srobinson on DSKHWCL6B1PROD with NOTICES 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 6 and Rule 19b–4(f)(2) 7 thereunder because the proposed rule change changes a due fee or other change applicable only to members. 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. 5 15 U.S.C. 78q–1. U.S.C. 78s(b)(3)(A)(ii). 7 17 CFR 240.19b–4(f)(2). 6 15 VerDate Nov<24>2008 19:13 Jan 26, 2010 Jkt 220001 (i) $0.16; and (ii) $0.012 per $1 million of par value. (i) $0.16; and (ii) $0.016 per $1 million of par value. (i) $0.16; and (ii) $0.060 per $1 million of par value. (i) $0.16; and (ii) $0.016 per $1 million of par value. 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–FICC–2009–11 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–2009–11. 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. 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/ downloads/legal/rule_filings/2009/ficc/ 2009-11.pdf. All comments received PO 00000 2010 Proposed fee Frm 00096 Fmt 4703 Sfmt 4703 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– 2009–11 and should be submitted on or before February 17, 2010. For the Commission by the Division of Trading and Markets, pursuant to delegated authority.8 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–1603 Filed 1–26–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–61388; File No. SR–BX– 2010–001] Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Registered Representative Fee and Options Regulatory Fee January 20, 2010. 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 January 4, 2010, NASDAQ OMX BX, Inc. (the ‘‘Exchange’’) 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 by the self-regulatory organization. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,3 and Rule 19b–4(f)(2) thereunder,4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to 8 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(2). 1 15 E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Notices]
[Pages 4430-4431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1603]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61395; File No. SR-FICC-2009-11]


 Self-Regulatory Organizations; The Fixed Income Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change to Modify the Fee Schedule of the Government Securities 
Division of the Fixed Income Clearing Corporation

January 21, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on December 29, 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. FICC filed the proposal pursuant to Section 
19(b)(3)(A)(ii) of the Act \2\ and Rule 19b-4(f)(2) \3\ 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\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \3\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The proposed rule change amends FICC's rules to modify the fee 
schedules of its Government Securities Division (``GSD'').

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.\4\
---------------------------------------------------------------------------

    \4\ 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

    (a) The purpose of this filing is to modify participant fees as 
outlined below. The fee changes were effective as of January 4, 2010.
    (i) The GSD fee structure for submission of a side of a trade and 
submission of a repo transaction is revised to reflect the following:

 
------------------------------------------------------------------------
                                       2009 Fee        2010 Proposed fee
------------------------------------------------------------------------
Up to 50,000 submissions per      $0.16 per item....  $0.21 per item.
 month.
50,000 to 100,001 submissions     $0.08 per item....  $0.12 per item.
 per month.
------------------------------------------------------------------------


[[Page 4431]]

     (ii) The following Netting Fee and Charges were revised as 
follows:

------------------------------------------------------------------------
                                                          2010 Proposed
                                       2009 Fee                fee
------------------------------------------------------------------------
1. For each side of a          (i) $0.16; and            (i) $0.16; and
 compared trade, other than a  (ii) $0.012 per $1        (ii) $0.016 per
 repo transaction, that is      million of par value.     $1 million of
 netted, a fee equaling the                               par value.
 sum (in addition to the
 comparison fee) of:
2. For each start leg or       (i) $0.16; and            (i) $0.16; and
 close leg of a repo           (ii) $0.060 per $1        (ii) $0.016 per
 transaction other than a GCF   million of par value.     $1 million of
 repo transaction that is                                 par value.
 netted, a fee equaling the
 sum (in addition to the
 comparison fee) of:
------------------------------------------------------------------------

    and;
    (iii) The charge for each deliver obligation and receive obligation 
created as a result of the netting process was a fee of $0.060 per $1 
million of par value. This fee was increased to $0.10 per $1 million.
    The proposed rule change is consistent with Section 17A of the 
Act,\5\ as amended, and the rules and regulations thereunder applicable 
to FICC. The proposed rule change updates FICC's fee schedule for GSD 
thereby providing for the equitable allocation of fees among its 
participants.
---------------------------------------------------------------------------

    \5\ 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 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

    Written comments relating to the proposed rule change were not and 
are not intended to be solicited or received. FICC will notify the 
Commission of any written comments received by FICC.

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

    The foregoing proposed rule change has become effective upon filing 
pursuant to Section 19(b)(3)(A)(ii) of the Act \6\ and Rule 19b-4(f)(2) 
\7\ thereunder because the proposed rule change changes a due fee or 
other change applicable only to members. 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.
---------------------------------------------------------------------------

    \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-comments@sec.gov. Please include 
File Number SR-FICC-2009-11 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-2009-11. 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. 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/downloads/legal/rule_filings/2009/ficc/2009-11.pdf. All comments received will be posted without change; 
the Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
FICC-2009-11 and should be submitted on or before February 17, 2010.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-1603 Filed 1-26-10; 8:45 am]
BILLING CODE 8011-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.