14954 Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Notices

4 17 CFR 200.30–3(a)(12).

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

2The Commission has modified the text of the

summaries submitted by NSCC.

3For a complete description of NSCC’s Fund/

SERV, Networking, and Mutual Fund Commission

Services, refer to Securities Exchange Act Release

Nos. 31937 (March 1, 1993), 58 FR 12609 [File No.

SR–NSCC–92–14] (order approving proposed rule

change regarding Fund/SERV system); 26376

(December 20, 1988), 53 FR 52546 [File No. SR–

NSCC–88–08] (order approving Networking); and

31579 (December 17, 1992), 57 FR 60018 [File No.

SR–NSCC–92–13] (order approving the Mutual

Fund Commissions Settlement System and

consolidating the Mutual Fund Commissions

Settlement, Fund/SERV, and Networking Systems

under NSCC’s Mutual Fund Services.

The NASD believes that the proposed

rule change is consistent with Section

15A(b)(6) of the Act. Among other

things, Section 15A(b)(6) requires that

the rules of a national securities

association be designed to prevent

fraudulent and manipulative acts and

practices, to promote just and equitable

principles of trade, to foster cooperation

and coordination with persons engaged

in regulating, clearing, settling,

processing information with respect to,

and facilitating transactions in

securities, 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. In

particular, as noted above, because the

NASD believes the proposed rule

change will better enable investors to

implement their investment strategies

and manage the risks associated with

their portfolios, the NASD believes the

proposal will enhance the protection of

investors.

(B) Self-Regulatory Organization’s

Statement on Burden on Competition

The NASD believes that the proposed

rule change will not result in any

burden on competition that is not

necessary or appropriate in furtherance

of the purposes of the Act.

(C) Self-Regulatory Organization’s

Statements on Comments on the

Proposed Rule Changes Received From

Members, Participants or Others

Comments were neither solicited nor

received.

III. Date of Effectiveness of the

Proposed Rule Changes and Timing for

Commission Action

Within 35 days of the date of

publication of this notice in the Federal

Register or within such longer period (i)

as the Commission may designate up to

90 days of such date if it finds such

longer period to be appropriate and

publishes its reason for so finding or (ii)

as to which the self-regulatory

organization consents, the Commission

will:

(a) By order approve such 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.

Persons making written submissions

should file six copies thereof with the

Secretary, Securities and Exchange

Commission, 450 Fifth Street, NW.,

Washington, DC 20549. 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 at

the Commission’s Public Reference

Section, 450 Fifth Street, NW.,

Washington, DC. Copies of such filing

will also be available for inspection and

copying at the principal office of the

above-mentioned self-regulatory

organization. All submissions should

refer to file number SR–NASD–97–20

and should be submitted by April 18,

1997.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.4

Jonathan G. Katz,

Secretary.

[FR Doc. 97–7873 Filed 3–27–97; 8:45 am]

BILLING CODE 8010–01–M

[Release No. 34–38428; File No. SR–NSCC–

97–02]

Self-Regulatory Organizations;

National Securities Clearing

Corporation; Notice of Filing of a

Proposed Rule Change To Modify

NSCC’s Rules To Permit Unit

Investment Trusts To Be Processed

Through Fund/SERV, Networking, and

Mutual Fund Commission Settlement

Services

March 21, 1997.

Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934

(‘‘Act’’),1 notice is hereby given that on

February 10, 1997, the National

Securities Clearing Corporation

(‘‘NSCC’’) filed with the Securities and

Exchange Commission (‘‘Commission’’)

the proposed rule change (File No. SR–

NSCC–97–02) as described in Items I, II,

and III below, which items have been

prepared primarily by NSCC. 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 proposed rule change consists of

modifications to NSCC’s rules in order

to permit unit investment trusts

(‘‘UITs’’) to be processed through

NSCC’s Fund/SERV, Networking, and

Mutual Fund Commission Settlement

Services, which collectively constitute

NSCC’s Mutual Fund Services.

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 such statements.2

(A) Self-Regulatory Organization’s

Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule

Change

A group of NSCC participants, bank

trustees, and industry organizations

such as the Securities Industry

Association’s Securities Operation

Division, the Regional Municipal

Operations Association, and National

Unit Trust Association have requested

that NSCC permit UITs to be eligible for

processing through its Fund/SERV,

Networking, and Mutual Fund

Commission Settlement Services.3 Such

eligibility will allow broker-dealers that

are Mutual Fund Services only members

(i.e., primarily bank broker-dealers and

insurance company subsidiaries) and

therefore, that are not permitted to

process these transactions through

NSCC’s continuous net settlement

(‘‘CNS’’) system to process UIT trades

through the Fund/SERV, Networking,

and Mutual Fund Commission

Settlement systems. Currently, UITs are

eligible for NSCC processing through

NSCC’s CNS system only. However,

because Mutual Fund Services only

members are not permitted access to

NSCC’s CNS system, they must settle

UIT trades ex-clearing with their UIT
Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Notices 14955

4 17 CFR 200.30–3(a)(12).

positions held with a trustee in bookentry form.

In terms of the settlement process,

UIT transactions will be processed

through NSCC’s Mutual Fund Services

in the same manner as they are

processed in the CNS system. However,

UIT transactions processed through any

Mutual Fund Services will not be

guaranteed. If a Mutual Fund Services

only member wants its UIT transactions

submitted to NSCC to be guaranteed,

such member must apply to NSCC for a

full-service membership, meet the

applicable membership requirements,

and submit such transactions to NSCC’s

CNS system.

NSCC believes that by permitting

these transactions to be processed

through NSCC’s Fund/SERV,

Networking, and Mutual Fund

Commissions Settlement systems,

Mutual Fund Services only members

will no longer have to handle UIT trades

through exception processing, which

will result in reduced processing costs

and increased standardization.

NSCC believes that the proposed rule

change is consistent with the

requirements of the Act and the rules

and regulations thereunder since it will

facilitate the prompt and accurate

clearance and settlement of securities

transactions and, in general, will protect

investors and the public interest.

(B) Self-Regulatory Organization’s

Statement on Burden on Competition

NSCC does not believe that the

proposed rule change will have an

impact on or impose a burden on

competition.

(C) Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants, or Others

No written comments relating to the

proposed rule change have 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

Within thirty-five days of the date of

publication of this notice in the Federal

Register or within such longer period (i)

as the Commission may designate up to

ninety days of such date if it finds such

longer period to be appropriate and

publishes its reasons for so finding or

(ii) as to which NSCC consents, the

Commission will:

(A) By order approve such 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.

Persons making written submissions

should file six copies thereof with the

Secretary, Securities and Exchange

Commission, 450 Fifth Street, NW.,

Washington, DC 20549. 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, 450 Fifth Street, N.W.,

Washington, D.C. 20549. Copies of such

filing will also be available for

inspection and copying at the principal

office of NSCC. All submissions should

refer to the file number SR–NSCC–97–

02 and should be submitted by April 18,

1997.

For the Commission by the Division of

Market Regulation, pursuant to delegated

authority.4

Jonathan G. Katz,

Secretary.

[FR Doc. 97–7872 Filed 3–27–97; 8:45am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #2932]

State of Arkansas; (AMENDMENT NO.

2)

In accordance with a notice from the

Federal Emergency Management

Agency, dated March 18, 1997, the

above-numbered Declaration is hereby

amended to include Baxter County in

the State of Arkansas as a disaster area

due to damages caused by severe storms

and tornadoes beginning on March 1

and continuing through March 4, 1997.

In addition, applications for economic

injury loans from small businesses

located in the contiguous counties of

Fulton and Marion in the State of

Arkansas, and Ozark County in the State

of Missouri may be filed until the

specified date at the previously

designated location. Any counties

contiguous to the above-named counties

and not listed herein have been

previously declared.

The number previously assigned to

this disaster for physical damage is

293212. The numbers previously

assigned to this disaster for economic

injury are: 939000 for Arkansas, and

939100 for Missouri. All other

information remains the same, i.e., the

termination date for filing applications

for physical damage is May 1, 1997, and

for loans for economic injury the

deadline is December 2, 1997.

(Catalog of Federal Domestic Assistance

Program Nos. 59002 and 59008.)

Dated: March 20, 1997.

Bernard Kulik,

Associate Administrator for Disaster

Assistance.

[FR Doc. 97–7888 Filed 3–27–97; 8:45 am]

BILLING CODE 8025–01–P

[Declaration of Disaster No. 2937]

State of Tennessee; (AMENDMENT No.

1)

In accordance with notices from the

Federal Emergency Management

Agency, dated March 14 and March 17,

1997, the above-numbered Declaration

is hereby amended to include the

Counties of Chester, Davidson, Dickson,

Gibson, Houston, Lauderdale, Shelby,

Stewart, Sumner, and Weakley in the

State of Tennessee as a disaster area due

to damages caused by heavy rain,

tornadoes, flooding, hail and high winds

beginning on February 28, 1997 and

continuing.

In addition, applications for economic

injury loans from small businesses

located in the following contiguous

counties may be filed until the specified

date at the previously designated

location: Fayette, Hickman, Humphreys,

Macon, Rutherford, Tipton, Trousdale,

and Wilson in the State of Tennessee;

De Soto and Marshall in the State of

Mississippi; and Allen, Calloway, and

Simpson in the Commonwealth of

Kentucky. Any counties contiguous to

the above-named primary counties and

not listed herein have been covered

under a separate declaration for the

same occurrence.

The numbers assigned to this disaster

for economic injury are 943500 for

Kentucky, and 943400 for Mississippi.

(Catalog of Federal Domestic Assistance

Program Nos. 59002 and 59008.)

Dated: March 18, 1997.

Bernard Kulik,

Associate Administrator for Disaster

Assistance.

[FR Doc. 97–7890 Filed 3–27–97; 8:45 am]

BILLING CODE 8025–01–P