Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish Implementation Date of Revisions Relating to Excess Capital Premium Charge, 10945-10947 [2023-03583]
Download as PDF
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Notices
Electronic Comments
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CboeBZX–2023–010 on the subject line.
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 7 and Rule
19b-4(f)(6) thereunder.8 Because the
proposed rule change does not: (i)
significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 9 and Rule 19b–4(f)(6)(iii)
thereunder.10
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend 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. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 11 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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:
7 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
11 15 U.S.C. 78s(b)(2)(B).
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Jkt 259001
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CboeBZX–2023–010. This
file number should be included on the
subject line if email 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 website (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 website 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
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CboeBZX–2023–010 and
should be submitted on or before March
15, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–03579 Filed 2–21–23; 8:45 am]
BILLING CODE 8011–01–P
12 17
PO 00000
CFR 200.30–3(a)(12).
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10945
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96936; File No. SR–NSCC–
2023–002]
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Establish
Implementation Date of Revisions
Relating to Excess Capital Premium
Charge
February 15, 2023.
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 February
9, 2023, 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
by the clearing agency. NSCC filed the
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(4) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The proposed rule change consists of
amendments to the NSCC Rules &
Procedures (‘‘Rules’’) 5 in order to state
that the changes to the Rules that were
proposed pursuant to File Number SR–
NSCC–2022–005 (‘‘Rule Filing’’), as
amended, and were approved by the
Commission on February 1, 2023
(‘‘Approved Rule Changes’’) will be
implemented by March 13, 2023, as
described in greater detail below.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, the
clearing agency 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. The
clearing agency has prepared
summaries, set forth in sections A, B,
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4).
5 Capitalized terms not defined herein are defined
in the Rules, available at https://dtcc.com/∼/media/
Files/Downloads/legal/rules/nscc_rules.pdf.
2 17
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10946
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Notices
and C below, of the most significant
aspects of such statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
1. Purpose
On May 20, 2022, NSCC filed the Rule
Filing with the Commission pursuant to
Section 19(b)(1) of the Act 6 and Rule
19b–4 thereunder.7 NSCC filed
amendments to the Rule Filing on June
1, 2022 (‘‘Amendment No. 1’’), July 6,
2022 (‘‘Amendment No. 2’’), and
November 28, 2022 (‘‘Amendment No.
3’’).
On February 1, 2023, the Commission
approved the Rule Filing, as modified
by Amendment Nos. 1, 2, and 3,
pursuant to Section 19(b)(2) of the Act.8
The Approved Rule Changes consist of
modifications to the Rules to revise the
Excess Capital Premium (‘‘ECP’’) charge
by enhancing the methodology for
calculating the charge, and improve the
transparency of the Rules regarding the
ECP charge.9
NSCC is proposing to amend the
Rules to add a legend to Rule 1
(Definitions and Descriptions),
Procedure XV (Clearing Fund Formula
and Other Matters) and Addendum B
(Qualifications and Standards of
Financial Responsibility, Operational
Capability and Business History) of the
Rules to state that the Approved Rule
Changes will be implemented by March
13, 2023.10 Upon implementation of the
Approved Rule Changes, the legend will
automatically be removed from these
Rules.
2. Statutory Basis
lotter on DSK11XQN23PROD with NOTICES1
Section 17A(b)(3)(F) of the Act
requires, in part, that the Rules be
designed to promote the prompt and
accurate clearance and settlement of
securities transactions.11
By establishing the date on which the
Approved Rule Changes would be
implemented, this proposal would
enable Members to timely fulfill their
obligations to NSCC, which would in
turn support NSCC’s ability to promote
the prompt and accurate clearance and
settlement of securities transactions.
Therefore, NSCC believes that the
proposal is consistent with Section
17A(b)(3)(F) of the Act.
6 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
8 15 U.S.C. 78s(b)(2).
9 See Securities Exchange Act Release No. 96786
(February 1, 2023), 88 FR 8013 (February 7, 2023)
(SR–NSCC–2022–005).
10 Supra note 5.
11 15 U.S.C. 78q–1(b)(3)(F).
7 17
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Jkt 259001
(B) Clearing Agency’s Statement on
Burden on Competition
NSCC does not believe that the
proposal to establish an implementation
date of the Approved Rule Changes
would have any impact, or impose any
burden, on competition.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
NSCC has not received or solicited
any written comments relating to this
proposal. If any written comments are
received, they will be publicly filed as
an Exhibit 2 to this filing, as required by
Form 19b–4 and the General
Instructions thereto.
Persons submitting comments are
cautioned that, according to Section IV
(Solicitation of Comments) of the
Exhibit 1A in the General Instructions to
Form 19b–4, the Commission does not
edit personal identifying information
from comment submissions.
Commenters should submit only
information that they wish to make
available publicly, including their
name, email address, and any other
identifying information.
All prospective commenters should
follow the Commission’s instructions on
how to submit comments, available at
https://www.sec.gov/regulatory-actions/
how-to-submit-comments. General
questions regarding the rule filing
process or logistical questions regarding
this filing should be directed to the
Main Office of the Commission’s
Division of Trading and Markets at
tradingandmarkets@sec.gov or 202–
551–5777.
NSCC reserves the right to not
respond to any comments received.
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) 12 of the Act and paragraph
(f) of Rule 19b–4 thereunder.13 At any
time within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
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
12 15
13 17
PO 00000
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 email to rule-comments@
sec.gov. Please include File Number SR–
NSCC–2023–002 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
All submissions should refer to File
Number SR–NSCC–2023–002. This file
number should be included on the
subject line if email 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 website (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 website 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
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of NSCC and on DTCC’s website
(https://dtcc.com/legal/sec-rulefilings.aspx). All comments received
will be posted without change. Persons
submitting comments are cautioned that
we do not redact or edit personal
identifying information from comment
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–NSCC–
2023–002 and should be submitted on
or before March 15, 2023.
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
Frm 00078
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–03583 Filed 2–21–23; 8:45 am]
BILLING CODE 8011–01–P
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
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96939; File No. SR–
NASDAQ–2023–002]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Rules 5910 and 5920 To Remove
Expired and Obsolete Provisions
February 15, 2023.
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 February
6, 2023, The Nasdaq Stock Market LLC
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II below, which Items have been
prepared by the Exchange. 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 Exchange proposes to amend
Rules 5910 and 5920 to remove expired
and obsolete provisions.
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/nasdaq/rules, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
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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
Exchange 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. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 96532
(December 19, 2022), 87 FR 79028 (December 23,
2022) (SR–Nasdaq–2022–068).
1 15
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19:42 Feb 21, 2023
The purpose of the proposed rule
change is to remove expired and
obsolete provisions from Rule 5910 and
Rule 5920.
Nasdaq recently adopted rule changes
to modify entry and all-inclusive annual
fees for certain companies, which
became operative on January 1, 2023.
The purpose of the proposed rule
change was to (i) replace the tiered entry
fee structure with a flat fee of $270,000
when a Company first lists a class of
equity securities on the Nasdaq Global
or Global Select Market; (ii) modify the
Exchange’s all-inclusive annual listing
fees for all domestic and foreign
companies listing equity securities
covered by Listing Rules 5910 and 5920
on the Nasdaq Global Select, Global and
Capital Markets; (iii) replace the two-tier
entry fee structure with a flat fee of
$80,000 when an Acquisition Company,
as defined below, first lists a class of
equity securities on Nasdaq; (iv) to
adopt an all-inclusive annual listing fee
structure specific to Acquisition
Companies listing on the Nasdaq Capital
Market; and (v) to replace the current
three-tier all-inclusive annual listing fee
structure for all Acquisition Companies
with a two-tier structure.3 As a result,
Rule 5910(a)(1) and Rule 5920(a)(1)
contain entry fee provisions that are no
longer applicable because such
provisions applied to companies that
submitted an application and listed on
Nasdaq prior to January 1, 2023.
Similarly, the all-inclusive annual
listing fee schedules in Rule
5910(b)(2)(A)–(D) and (F) and Rule
5210(b)(2)(A)–(D) and (F) contain
provisions describing obsolete allinclusive annual listing fees. Nasdaq
proposes to remove these expired and
obsolete provisions from Rules 5910 and
5920.
In addition, Nasdaq proposes to
remove other expired provisions in
Rules 5910(a)(11), 5920(a)(11) and
5920(a)(12). Nasdaq is also proposing
other non-substantive clarifying and
conforming adjustments, including
renumbering revised rules as applicable.
Nasdaq believes that the proposed
changes will clarify and enhance
transparency of the rules.
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10947
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,4 in general, and furthers the
objectives of Section 6(b)(5) of the Act,5
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
investors and the public interest, by
clarifying the rule language, and
enhancing transparency and readability
of the rules without substantively
changing these rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act because the
proposal does not make any substantive
changes to the existing rules. The
proposal merely removes expired and
obsolete provisions of Rules 5910 and
5920, clarifies the rule language, and
enhances transparency and readability
of the rules without substantively
changing these rules.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 6 and Rule 19b–
4(f)(6) thereunder.7
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
4 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
6 15 U.S.C. 78s(b)(3)(A).
7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
5 15
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Agencies
[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10945-10947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03583]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96936; File No. SR-NSCC-2023-002]
Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change To Establish Implementation Date of Revisions Relating to
Excess Capital Premium Charge
February 15, 2023.
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 February 9, 2023, 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 by the clearing agency.
NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(4) thereunder.\4\ 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\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The proposed rule change consists of amendments to the NSCC Rules &
Procedures (``Rules'') \5\ in order to state that the changes to the
Rules that were proposed pursuant to File Number SR-NSCC-2022-005
(``Rule Filing''), as amended, and were approved by the Commission on
February 1, 2023 (``Approved Rule Changes'') will be implemented by
March 13, 2023, as described in greater detail below.
---------------------------------------------------------------------------
\5\ Capitalized terms not defined herein are defined in the
Rules, available at https://dtcc.com/~/media/Files/Downloads/legal/
rules/nscc_rules.pdf.
---------------------------------------------------------------------------
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
In its filing with the Commission, the clearing agency 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. The clearing agency has prepared summaries,
set forth in sections A, B,
[[Page 10946]]
and C below, of the most significant aspects of such statements.
(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
1. Purpose
On May 20, 2022, NSCC filed the Rule Filing with the Commission
pursuant to Section 19(b)(1) of the Act \6\ and Rule 19b-4
thereunder.\7\ NSCC filed amendments to the Rule Filing on June 1, 2022
(``Amendment No. 1''), July 6, 2022 (``Amendment No. 2''), and November
28, 2022 (``Amendment No. 3'').
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(1).
\7\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
On February 1, 2023, the Commission approved the Rule Filing, as
modified by Amendment Nos. 1, 2, and 3, pursuant to Section 19(b)(2) of
the Act.\8\ The Approved Rule Changes consist of modifications to the
Rules to revise the Excess Capital Premium (``ECP'') charge by
enhancing the methodology for calculating the charge, and improve the
transparency of the Rules regarding the ECP charge.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(2).
\9\ See Securities Exchange Act Release No. 96786 (February 1,
2023), 88 FR 8013 (February 7, 2023) (SR-NSCC-2022-005).
---------------------------------------------------------------------------
NSCC is proposing to amend the Rules to add a legend to Rule 1
(Definitions and Descriptions), Procedure XV (Clearing Fund Formula and
Other Matters) and Addendum B (Qualifications and Standards of
Financial Responsibility, Operational Capability and Business History)
of the Rules to state that the Approved Rule Changes will be
implemented by March 13, 2023.\10\ Upon implementation of the Approved
Rule Changes, the legend will automatically be removed from these
Rules.
---------------------------------------------------------------------------
\10\ Supra note 5.
---------------------------------------------------------------------------
2. Statutory Basis
Section 17A(b)(3)(F) of the Act requires, in part, that the Rules
be designed to promote the prompt and accurate clearance and settlement
of securities transactions.\11\
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
By establishing the date on which the Approved Rule Changes would
be implemented, this proposal would enable Members to timely fulfill
their obligations to NSCC, which would in turn support NSCC's ability
to promote the prompt and accurate clearance and settlement of
securities transactions. Therefore, NSCC believes that the proposal is
consistent with Section 17A(b)(3)(F) of the Act.
(B) Clearing Agency's Statement on Burden on Competition
NSCC does not believe that the proposal to establish an
implementation date of the Approved Rule Changes would have any impact,
or impose any burden, on competition.
(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
NSCC has not received or solicited any written comments relating to
this proposal. If any written comments are received, they will be
publicly filed as an Exhibit 2 to this filing, as required by Form 19b-
4 and the General Instructions thereto.
Persons submitting comments are cautioned that, according to
Section IV (Solicitation of Comments) of the Exhibit 1A in the General
Instructions to Form 19b-4, the Commission does not edit personal
identifying information from comment submissions. Commenters should
submit only information that they wish to make available publicly,
including their name, email address, and any other identifying
information.
All prospective commenters should follow the Commission's
instructions on how to submit comments, available at https://www.sec.gov/regulatory-actions/how-to-submit-comments. General
questions regarding the rule filing process or logistical questions
regarding this filing should be directed to the Main Office of the
Commission's Division of Trading and Markets at
[email protected] or 202-551-5777.
NSCC reserves the right to not respond to any comments received.
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) \12\ of the Act and paragraph (f) of Rule 19b-4
thereunder.\13\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
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.
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f).
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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 email to [email protected]. Please include
File Number SR-NSCC-2023-002 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549.
All submissions should refer to File Number SR-NSCC-2023-002. This file
number should be included on the subject line if email 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 website (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 website 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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of NSCC and on DTCC's website
(https://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NSCC-2023-002 and should be submitted on
or before March 15, 2023.
[[Page 10947]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03583 Filed 2-21-23; 8:45 am]
BILLING CODE 8011-01-P