Self-Regulatory Organizations; The National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Eligibility of Securities Processed Through the ID Net Service, 16214-16215 [2010-7204]
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16214
Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices
with the protection of investors and the
public interest.
In its guidance on the proposed rules
of Self-Regulatory Organizations
(‘‘SROs’’),9 the Commission concluded
that filings based on the rules of another
SRO already approved by the
Commission are eligible for immediate
effectiveness under Rule 19b–4(f)(6).10
The Commission noted that ‘‘a proposed
rule change appropriately may be filed
as an immediately effective rule so long
as it is based on and similar to another
SRO’s rule and each policy issue raised
by the proposed rule (i) has been
considered previously by the
Commission when the Commission
approved another exchange’s rule (that
was subject to notice and comment),
and (ii) the rule change resolves such
policy issue in a manner consistent with
such prior approval.’’11 The Exchange
notes that the change is identical to a
change by FINRA approved by the
Commission.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended, is consistent with
the Act. Comments may be submitted by
any of the following methods:
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–BX–2010–020 on the
subject line.
jlentini on DSKJ8SOYB1PROD with NOTICES
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–BX–2010–020. 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
9 Securities Exchange Act Release No. 58092 (July
3, 2008), 73 FR 40144 (July 11, 2008).
10 17 CFR 240.19b–4(f)(6).
11 See supra note 9 at 40149.
VerDate Nov<24>2008
19:40 Mar 30, 2010
Jkt 220001
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 Web site viewing and
printing 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 the
Exchange. 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–BX–2010–020 and
should be submitted on or before April
21, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–7104 Filed 3–30–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61783; File No. SR–NSCC–
2010–03]
Self-Regulatory Organizations; The
National Securities Clearing
Corporation; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Expand the Eligibility
of Securities Processed Through the
ID Net Service
March 25, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
March 5, 2010, the National Securities
Clearing Corporation (‘‘NSCC’’) 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 NSCC.
NSCC filed the proposal pursuant to
Section 19(b)(3)(A)(iii) of the Act 2 and
Rule 19b–4(f)(4) 3 thereunder so that the
proposal was effective upon filing with
the Commission. The Commission is
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78s(b)(3)(A)(iii).
3 17 CFR 240.19b–4(f)(4).
1 15
PO 00000
Frm 00149
Fmt 4703
Sfmt 4703
publishing this notice to solicit
comments on the rule change from
interested parties.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The proposed rule change amends
NSCC’s rules regarding the eligibility of
securities processed through the ID Net
Service (‘‘ID Net’’).
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 these statements.4
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
On June 2, 2008, the Commission
approved a rule change that provided
for the settlement of institutional
transactions through a joint service of
NSCC and The Depository Trust
Company (‘‘DTC’’) called ID Net. ID Net
enables subscribers to the service to net
all eligible affirmed institutional
transactions at DTC against Continuous
Net Settlement (‘‘CNS’’) transactions 5 at
NSCC. ID Net accepts affirmed
institutional transactions that are
eligible for ID Net from clearing
agencies,6 entities exempt from clearing
agency registration with the
Commission, and ‘‘qualified vendors’’ 7
and nets the broker-dealer’s affirmed
institutional transactions side of such
transaction with the broker-dealer’s CNS
obligations.
Participation in ID Net is voluntary.
Eligibility for ID Net requires that a
4 The Commission has modified the text of the
summaries prepared by NSCC.
5 NSCC’s Continuous Net Settlement System
(CNS) is an automated accounting and securities
settlement system that centralizes and nets the
settlement of compared and recorded security
transactions and maintains an orderly flow of
security and money balances. CNS provides
clearance for equities, corporate bonds, unit
investment trusts, and municipal bonds that are
eligible for book-entry transfer at DTC.
6 The clearing agency must be registered pursuant
to Section 17A of the Act or obtain an exemption.
7 The term ‘‘qualified vendor’’ is defined in the
rules of the New York Stock Exchange, the National
Association of Securities Dealers, and other selfregulatory organizations.
E:\FR\FM\31MRN1.SGM
31MRN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices
broker-dealer be a DTC participant and
an NSCC member eligible for CNS
processing. The custodian bank must be
a DTC participant. In addition,
eligibility for ID Net processing is based
on the underlying security being
processed, the type of transaction
submitted for processing, and the timing
of affirmation. Most equity securities
that are eligible for CNS are eligible for
ID Net processing. However, the
following securities were initially
excluded from ID Net eligibility: (1)
Corporate and municipal bonds and
unit investment trust issues; (2) new
issue securities; (3) securities that are
IPO tracked (because the use of omnibus
accounts will bypass the tracking
system); (4) trades in issues that are
currently undergoing a mandatory or
voluntary reorganization; (5) trades in
CUSIPs with a CNS buy-in; and (6)
trades in securities appearing on the
SEC’s Regulation SHO list. At its
inception, NSCC noted that because ID
Net was a new service, it was excluding
certain securities that could potentially
have a relatively high rate of delivery
failure or disrupt normal processing of
transactions in ID Net in order to ensure
that the system ran smoothly. NSCC also
noted that as its experience with ID Net
grew, it would revaluate the exclusion
of certain issues.
Since the implementation of ID Net,
the service has operated with minimal
disruption, thus allaying the concerns
regarding the addition of certain
securities previously excluded from the
service. In order to enhance processing
efficiency and at the request of its
members, NSCC is expanding ID Net to
allow NSCC at its discretion from time
to time to make eligible for ID Net any
security that is eligible for CNS
processing.
NSCC will announce by ‘‘Important
Notice’’ particular securities or classes of
securities are made eligible for
processing through ID Net.
The proposed rule change is
consistent with Section 17A of the Act,8
as amended, and the rules and
regulations thereunder applicable to
NSCC. The proposed rule change will
promote the prompt and accurate
clearance and settlement of securities
transactions by leveraging the
capabilities of the NSCC system to
provide for more streamlined securities
deliveries and to extend netting benefits
and efficiencies to more ID Net
transactions.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
100 F Street, NE., Washington, DC
20549–1090.
NSCC does not believe that the
proposed rule change will have any
impact or impose any burden on
competition.
All submissions should refer to File
Number SR–NSCC–2010–03. 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 NSCC and on
NSCC’s Web site at https://
www.dtcc.com/downloads/legal/
rule_filings/2010/nscc/2010-03.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–NSCC–2010–03 and should
be submitted on or before April 21,
2010.
(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.
NSCC will notify the Commission of any
written comments received by NSCC.
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)(iii) of
the Act 9 and Rule 19b–4(f)(4) 10
thereunder because the proposed rule
change effects a change in an existing
service of NSCC that: (i) Does not
adversely affect the safeguarding of
securities or funds in the custody or
control of NSCC or for which it is
responsible and (ii) does not
significantly affect the respective rights
or obligations of NSCC or persons using
the service. 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
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:
U.S.C. 78q–1.
VerDate Nov<24>2008
19:40 Mar 30, 2010
[FR Doc. 2010–7204 Filed 3–30–10; 8:45 am]
• 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–NSCC–2010-03 on the
subject line.
BILLING CODE 8011–01–P
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(4).
10 17
Jkt 220001
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
Electronic Comments
9 15
8 15
16215
PO 00000
Frm 00150
Fmt 4703
Sfmt 9990
11 17
E:\FR\FM\31MRN1.SGM
CFR 200.30–3(a)(12).
31MRN1
Agencies
[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16214-16215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7204]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61783; File No. SR-NSCC-2010-03]
Self-Regulatory Organizations; The National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Expand the Eligibility of Securities Processed Through
the ID Net Service
March 25, 2010.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on March 5, 2010, the
National Securities Clearing Corporation (``NSCC'') 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 NSCC. NSCC filed the proposal pursuant to Section
19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-4(f)(4) \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)(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 NSCC's rules regarding the
eligibility of securities processed through the ID Net Service (``ID
Net'').
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 these
statements.\4\
---------------------------------------------------------------------------
\4\ The Commission has modified the text of the summaries
prepared by NSCC.
---------------------------------------------------------------------------
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
On June 2, 2008, the Commission approved a rule change that
provided for the settlement of institutional transactions through a
joint service of NSCC and The Depository Trust Company (``DTC'') called
ID Net. ID Net enables subscribers to the service to net all eligible
affirmed institutional transactions at DTC against Continuous Net
Settlement (``CNS'') transactions \5\ at NSCC. ID Net accepts affirmed
institutional transactions that are eligible for ID Net from clearing
agencies,\6\ entities exempt from clearing agency registration with the
Commission, and ``qualified vendors'' \7\ and nets the broker-dealer's
affirmed institutional transactions side of such transaction with the
broker-dealer's CNS obligations.
---------------------------------------------------------------------------
\5\ NSCC's Continuous Net Settlement System (CNS) is an
automated accounting and securities settlement system that
centralizes and nets the settlement of compared and recorded
security transactions and maintains an orderly flow of security and
money balances. CNS provides clearance for equities, corporate
bonds, unit investment trusts, and municipal bonds that are eligible
for book-entry transfer at DTC.
\6\ The clearing agency must be registered pursuant to Section
17A of the Act or obtain an exemption.
\7\ The term ``qualified vendor'' is defined in the rules of the
New York Stock Exchange, the National Association of Securities
Dealers, and other self-regulatory organizations.
---------------------------------------------------------------------------
Participation in ID Net is voluntary. Eligibility for ID Net
requires that a
[[Page 16215]]
broker-dealer be a DTC participant and an NSCC member eligible for CNS
processing. The custodian bank must be a DTC participant. In addition,
eligibility for ID Net processing is based on the underlying security
being processed, the type of transaction submitted for processing, and
the timing of affirmation. Most equity securities that are eligible for
CNS are eligible for ID Net processing. However, the following
securities were initially excluded from ID Net eligibility: (1)
Corporate and municipal bonds and unit investment trust issues; (2) new
issue securities; (3) securities that are IPO tracked (because the use
of omnibus accounts will bypass the tracking system); (4) trades in
issues that are currently undergoing a mandatory or voluntary
reorganization; (5) trades in CUSIPs with a CNS buy-in; and (6) trades
in securities appearing on the SEC's Regulation SHO list. At its
inception, NSCC noted that because ID Net was a new service, it was
excluding certain securities that could potentially have a relatively
high rate of delivery failure or disrupt normal processing of
transactions in ID Net in order to ensure that the system ran smoothly.
NSCC also noted that as its experience with ID Net grew, it would
revaluate the exclusion of certain issues.
Since the implementation of ID Net, the service has operated with
minimal disruption, thus allaying the concerns regarding the addition
of certain securities previously excluded from the service. In order to
enhance processing efficiency and at the request of its members, NSCC
is expanding ID Net to allow NSCC at its discretion from time to time
to make eligible for ID Net any security that is eligible for CNS
processing.
NSCC will announce by ``Important Notice'' particular securities or
classes of securities are made eligible for processing through ID Net.
The proposed rule change is consistent with Section 17A of the
Act,\8\ as amended, and the rules and regulations thereunder applicable
to NSCC. The proposed rule change will promote the prompt and accurate
clearance and settlement of securities transactions by leveraging the
capabilities of the NSCC system to provide for more streamlined
securities deliveries and to extend netting benefits and efficiencies
to more ID Net transactions.
---------------------------------------------------------------------------
\8\ 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
Written comments relating to the proposed rule change were not and
are not intended to be solicited or received. NSCC will notify the
Commission of any written comments received by NSCC.
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)(iii) of the Act \9\ and Rule 19b-
4(f)(4) \10\ thereunder because the proposed rule change effects a
change in an existing service of NSCC that: (i) Does not adversely
affect the safeguarding of securities or funds in the custody or
control of NSCC or for which it is responsible and (ii) does not
significantly affect the respective rights or obligations of NSCC or
persons using the service. At any time within sixty days of the filing
of the proposed rule change, the Commission may summarily abrogate such
rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 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-NSCC-2010-03 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-NSCC-2010-03. 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 NSCC and on NSCC's
Web site at https://www.dtcc.com/downloads/legal/rule_filings/2010/nscc/2010-03.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-
NSCC-2010-03 and should be submitted on or before April 21, 2010.
For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7204 Filed 3-30-10; 8:45 am]
BILLING CODE 8011-01-P