[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10591-10592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4005]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66399; File No. SR-NSCC-2012-01]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change To Make a Technical Correction With Respect to the Excess 
Capital Premium as Set Forth in Procedure XV (Clearing Fund Formula) of 
NSCC's Rules and Procedures

February 15, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on February 1, 2012, the 
National Securities Clearing Corporation (``NSCC'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change described in Items I and II below, which Items have been 
prepared primarily by NSCC. NSCC filed the proposal pursuant to Section 
19(b)(3)(A) (i) of the Act \2\ and Rule 19b-4(f)(1) \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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(i).
    \3\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The purpose of this filing is to make a technical correction with 
respect to the Excess Capital Premium as set forth in Procedure XV 
(Clearing Fund Formula) of NSCC's Rules and Procedures.

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\
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    \4\ The Commission has modified the text of the summaries 
prepared by NSCC.

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[[Page 10592]]

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

    The purpose of this filing is to make a technical correction with 
respect to the Excess Capital Premium as set forth in Procedure XV 
(Clearing Fund Formula) of NSCC's Rules and Procedures.
    Members are required to make deposits to the Clearing Fund with the 
amount of each Member's required deposit being fixed by NSCC in 
accordance with Procedure XV. The Clearing Fund Formula includes an 
Excess Capital Premium (``Premium''), which may be added to a Members 
deposit requirement when a Member's Clearing Fund requirement exceeds 
its regulatory excess capital. Certain components of the Clearing Fund 
Formula are excluded from the calculation of the Premium, including: 
(a) A charge applicable to ``Market Makers'' and (b) a ``special 
charge'' based on the price fluctuations, volatility, or lack of 
liquidity of any security.\5\ These components are excluded with 
respect to the computation of the Premium for both CNS transactions and 
Balance Order transactions. At the time of the rule change to implement 
the Premium, the applicable components for (a) and (b) above as they 
relate to CNS transactions were listed under Subsections I.(A)(1)(c) 
and I.(A)(1)(d) of Procedure XV.\6\ A subsequent rule change submitted 
to the Commission (relating to NSCC's ID Net service) created an 
additional Clearing Fund component applicable to CNS transactions that 
was designated as Subsection I.(A)(1)(c).\7\ This caused the references 
for the components described in (a) and (b) above to be changed to 
I.(A)(1)(d) and I.(A)(1)(e) respectively. However, the cross-references 
to those Subsections were inadvertently not revised in the description 
of the Premium. Therefore, NSCC is making a technical modification to 
the description of the Premium as set forth in Procedure XV to reflect 
the changes which were inadvertently omitted from the latter rule 
change as described above.
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    \5\ The Premium also excludes any amount collected pursuant to 
Rule 15 (Assurances of Financial Responsibility and Operational 
Capability).
    \6\ Securities Exchange Act Release No. 34-54457 (September 15, 
2006), 71 FR 55239 (September 21, 2006).
    \7\ Securities Exchange Act Release No. 34-57901 (June 2, 2008), 
73 FR 32373 (June 6, 2008). This change did not apply to Balance 
Order transactions.
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    NSCC believes that the proposed rule change is consistent with the 
requirements of Section 17A of the Act \8\ and the rules and 
regulations thereunder applicable to NSCC because it makes a technical 
correction to a rule which allows NSCC to effectively manage risk. As 
such, it assures the safeguarding of securities and funds, which are in 
the custody or control of NSCC or for which it is responsible.
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    \8\ 15 U.S.C. 78q-1.
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(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 have not been 
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)(i) of the Act \9\ and Rule 19b-4(f)(1) 
\10\ thereunder because it constitutes a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing rule of NSCC. 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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    \9\ 15 U.S.C. 78s(b)(3)(A)(i).
    \10\ 17 CFR 240.19b-4(f)(1).
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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

    <bullet> Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#3f4d4a535a125c5052525a514b4c7f4c5a5c11585049"><span class="__cf_email__" data-cfemail="ef9d9a838ac28c8082828a819b9caf9c8a8cc1888099">[email protected]</span></a>. Please include 
File Number SR-NSCC-2012-01 on the subject line.

Paper Comments

    <bullet> 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-2012-01. 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 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 filings also will be available for 
inspection and copying at the principal office of NSCC and on NSCC's 
Web site at http://dtcc.com/downloads/legal/rule_filings/2012/nscc/2012-01.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-2012-01 and should be submitted on or before March 14, 2012.

    For the Commission by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-4005 Filed 2-21-12; 8:45 am]
BILLING CODE 8011-01-P


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