70328 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 

15 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The Commission has modified the text of the 

summaries prepared by FICC. 

4The specific language of the proposed provision 

can be found at http://www.dtcc.com/downloads/ 

legal/rule_filings/2010/ficc/2010-08.pdf. 5 15 U.S.C. 78q–1. 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–BATS–2010–031. 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 

Web site (http://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 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 

publicly available. All submissions 

should refer to File Number SR–BATS– 

2010–031 and should be submitted on 

or before December 8, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–28896 Filed 11–16–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63301; File No. SR–FICC– 

2010–08] 

Self-Regulatory Organizations; Fixed 

Income Clearing Corporation; Notice of 

Filing of Proposed Rule Change To 

Eliminate Certain Cash Adjustments 

Currently Processed by the MBSD 

November 10, 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 October 

28, 2010, the Fixed Income Clearing 

Corporation (‘‘FICC’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

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 persons. 

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 eliminate cash adjustments 

that are currently processed by the 

Mortgage-Backed Securities Division 

(‘‘MBSD’’). 

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.3

(A) Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

FICC is proposing to eliminate the 

cash adjustments that are currently 

processed by the MBSD.4 FICC is 

proposing to eliminate the cash 

adjustments because they have low 

monetary impact and were originally 

designed to address a clearance event 

(‘‘significant variance’’) that no longer 

applies. Variance was originally 

established when mortgage-backed 

securities were physically settled, and it 

was difficult to organize physical pools 

into $1 million par amounts for 

delivery. 

As a result of the netting of To Be 

Announced (‘‘TBA’’) transactions, a 

participant may have a settlement 

obligation to another participant with 

which it did not trade (‘‘SBON 

Obligations’’). SBON Obligations are 

created in multiples of $1 million par 

amounts and are assigned a uniform 

delivery price. Since the delivery price 

will differ from the participant’s original 

trade price, an adjustment is calculated 

for the difference between the delivery 

price and the trade price. This 

adjustment is referred to as the 

Settlement Balance Order Market 

Differential (‘‘SBOMD’’). 

Participants notify the MBSD when 

they have settled their SBON 

Obligations with their assigned 

counterparties through the Notification 

of Settlement (‘‘NOS’’) process. From the 

information supplied by both the 

delivering and receiving participants in 

their respective NOS, the MBSD 

determines whether the securities 

delivered were in $1 million par 

amounts or in a par amount within 

acceptable variance (plus or minus $100 

per million). In instances where the 

delivery was completed in $1 million 

par amounts, the MBSD takes no 

additional steps. 

If the delivery was cleared for a par 

amount within acceptable variance, the 

MBSD will calculate a cash adjustment 

to reconcile the difference between the 

original SBOMD (based on a $1 million 

par amount) and what the SBOMD 

should have been (based on the par 

amount delivered). As mortgage-backed 

securities migrated from physical to 

electronic settlement, acceptable 

variance has been reduced from an 

initial $50,000 per million to the current 

amount of $100 per million. 

FICC believes the proposed rule 

change is consistent with the 

requirements of Section 17A of the Act 5

and the rules and regulations 

thereunder applicable to FICC because it 

is a deletion of a rule that covers a 

process that is no longer needed and as 

such it provides certainty and clarity of 

the clearance process at MBSD to 

members. 

(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 have not been 

solicited or received. FICC will notify 

the Commission of any written 

comments received by FICC. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70329 

6 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 45 days of the date of 

publication of this notice in the Federal 

Register or within such longer period 

up to 90 days (i) as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or (ii) as to which 

the self-regulatory organization 

consents, the Commission will: 

(A) By order approve or disapprove 

the proposed rule change or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be 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: 

Electronic Comments 

• Use the Commissions Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml) or send an e-mail to 

rule-comments@sec.gov. Please include 

File Number SR–FICC–2010–08 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–2010–08. 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 (http://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 Web site viewing and 

printing in the Commission’s Public 

Reference Section, 100 F Street, NE., 

Washington, DC 20549–1090, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of such filings 

will also be available for inspection and 

copying at the principal office of FICC 

and on FICC’s Web site at http:// 

dtcc.com/downloads/legal/rule_filings/ 

2010/ficc/2010-08.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– 

2010–08 and should be submitted on or 

before December 8, 2010. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–28897 Filed 11–16–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63072A; File No. SR– 

NYSEAmex–2010–97] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC Amending the Exchange 

Price List; Correction 

October 8, 2010. 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice; correction. 

SUMMARY: The Securities and Exchange 

Commission published a document in 

the Federal Register of October 19, 2010 

concerning a Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change by NYSE Amex LLC 

Amending the Exchange Price List. The 

document was dated incorrectly. 

FOR FURTHER INFORMATION CONTACT: Yue 

Ding, Division of Trading and Markets, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549, (202) 551–5842. 

Correction 

In the Federal Register of October 19, 

2010, in FR Doc. 2010–26109, on page 

64368, in the 23rd line of the second 

column, the date is corrected to read as 

noted above. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–28864 Filed 11–16–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63307; File No. SR–MSRB– 

2010–13] 

Self-Regulatory Organizations; 

Municipal Securities Rulemaking 

Board; Notice of Filing and Immediate 

Effectiveness of Amendments to Rule 

A–7, on Assessments, and Rule A–8, 

on Rulemaking Procedures 

November 12, 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 November 

1, 2010, the Municipal Securities 

Rulemaking Board (‘‘Board’’ or ‘‘MSRB’’), 

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 MSRB. The 

MSRB has designated the proposed rule 

change as concerned solely with the 

administration of the Board pursuant to 

Section 19(b)(3)(A)(iii) of the Act, and 

Rule 19b–4(f)(3) thereunder, which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The MSRB is filing a proposed rule 

change consisting of amendments to 

Rule A–7, on assessments, and Rule A– 

8, on rulemaking procedures, to apply 

existing MSRB mechanisms and 

procedures for establishing assessments 

and undertaking rulemaking in 

connection with municipal advisors. 

The proposed rule change would apply 

to municipal advisors effective 

immediately. The text of the proposed 

rule change is available on the MSRB’s 

Web site at http://www.msrb.org/Rulesand-Interpretations/SEC-Filings/2010- 

Filings.aspx, at the MSRB’s principal 

office, 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, the 

MSRB 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 

mstockstill on DSKH9S0YB1PROD with NOTICES