[Federal Register: April 4, 2001 (Volume 66, Number 65)]
[Notices]               
[Page 17979-17980]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap01-109]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-44124; File No. SR-NSCC-00-14]

 
Self-Regulatory Organizations: National Securities Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Relating to the Implementation Date for an Enhancement to 
ACAT Service

March 28, 2001.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on November 28, 2000, the 
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 primarily by NSCC. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
parties.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The purpose of the rule filing is to make a technical correction to 
a previous filing regarding the implementation date to an enhancement 
of the Automated Customer Account (``ACAT'') service.\2\
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    \2\ Securities Exchange Act Release No. 43597 (November 20, 
2000), 65 FR 70862 (November 28, 2000) [SR-NSCC-00-11].
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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, 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.\3\
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    \3\ The Commission has modified the text of the summaries 
prepared by NSCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    On November 20, 2000, the Commission approved a rule change 
implementing three enhancements to NSCC's ACAT Service.\4\ One of the 
enhancements extended the timeframe in which a Receiving Member must 
reject a reclaim transfer. As stated in the order granting approval, 
NSCC proposed to implement this enhancement in January 2001. However, 
NSCC intended to implement this enhancement immediately.
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    \4\ Supra note 2.
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    NSCC believes that the proposed rule change is consistent with the 
requirements of Section 17A(b)(3)(F) of the Act \5\ and the rules and 
regulations thereunder because it will facilitate the prompt and 
accurate clearance and settlement of securities transactions and, in 
general, protect investors and the public interest.
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    \5\ 15 U.S.C. 78q-1(b)(3)(F).
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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 yet 
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 rule change has become effective pursuant to Section 
19(b)(3)(A)(iii) \6\ of the Act and Rule 19b-4(f)(5) \7\ promulgated 
thereunder because the proposal effects a change in an existing service 
of a registered clearing agency that does not adversely affect the 
safeguarding of securities or

[[Page 17980]]

funds in the custody or control of the clearing agency and does not 
significantly affect the respective rights or obligations of the 
clearing agency or persons using the service. At any time within sixty 
days of the filing of such 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.
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-(f)(5).
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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. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. 
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 Section, 450 Fifth Street, NW., 
Washington, DC 20549. Copies of such filing also will be available for 
inspection and coping at the principal office of NSCC. All submissions 
should refer to File No. SR-NSCC-00-14 and should be submitted by April 
25, 2001.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 01-8209 Filed 4-3-01; 8:45 am]
BILLING CODE 8010-01-M