[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Notices]
[Pages 37911-37912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18096]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-35985; File No. SR-GSCC-95-01


Self-Regulatory Organizations; Government Securities Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Modifying GSCC's Fee Structure to Reduce the Clearance Fee, 
to Implement a New Discount Policy, and to Clarify the Fee Structure

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
\1\ (``Act''), notice is hereby given that on May 31, 1995, the 
Government Securities Clearing Corporation (``GSCC'') 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 GSCC. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.

    \1\ 15 U.S.C. Sec. 78s(b)(1) (1988).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    GSCC proposes to modify its fee structure to reduce the member 
clearance fee, to implement a new discount policy, and to clarify the 
application of the fee structure.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, GSCC 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. GSCC has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of such 
statements.\2\

    \2\ The Commission has modified the text of the summaries 
prepared by GSCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    The purpose of the proposed rule change is to modify GSCC's fee 
structure to reduce the member clearance fee, to implement a new 
discount policy, and to clarify the application of the fee structure. 
The reduction in the clearance fee and GSCC's new discount policy will 
first be reflected in the bills distributed to GSCC's members in June 
1995.
    GSCC passes through to its netting members, with the exception of 
category 1 interdealer broker netting members, whose activity is 
designed to net out completely, its cost of obtaining clearance 
services from its agent banks. Currently, the fee charged by GSCC to 
netting members to recoup its own clearance costs is $3.35 per deliver 
and receive obligation. The level of this fee is periodically reviewed 
to ensure that it closely equates to GSCC's actual expense. GSCC's 
Board of Directors determined at its meeting on May 4, 1995, that the 
clearance fee needed to offset GSCC's own clearance costs is roughly 
$2.90 per settlement and that it is appropriate to reduce GSCC's unit 
fee for clearance for $3.25 to $2.90, effective as of May 1, 1995. The 
level of this unit clearance fee will continue to be periodically 
monitored for appropriateness.
    The Board also decided to implement a discount policy for GSCC's 
basic comparison and netting fees because of the continued increase in 
GSCC's financial strength \3\ and its projected continued 
profitability. The discount policy will be subject to monthly review, 
and it is intended to result in a ten percent reduction in the cost of 
the services to members.\4\

    \3\ GSCC's financial condition is reflected in, among other 
things, its elimination of its accumulated deficit in April of 1995.
    \4\ Under the discount policy, GSCC will determine whether a 
discount will be provided on a monthly basis. Thus, the discount 
will not alter the fees established under GSCC's fee structure. The 
policy will operate in a manner similar to a rebate except that 
members are advised of and take the discount prior to remitting 
their fees to GSCC. The discount will be applied across the board to 
comparison and netting fees charged rather than to specific fees set 
forth under the fee structure. Telephone conversation between 
Jeffrey Ingber, General Counsel, GSCC, and Cheryl R. Oler, Staff 
Attorney, Division of Market Regulation (``Division''), Commission 
(June 13, 1995).
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    In addition, GSCC proposes to amend the language of Section I(D) of 
its fee structure pertaining to locked-in trade data to clarify that 
the trade comparison fee for locked-in trade data is imposed on a 
member for trades entered into by a nonmember for whom the GSCC member 
is clearing. The amendment does not modify GSCC's application or size 
of this fee; it simply clarifies the provision.\5\

    \5\ Telephone conversation between Jeffrey Ingber, General 
Counsel, GSCC, and Cheryl R. Oler, Staff Attorney, Division, 
Commission (June 13, 1995).
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    Finally, the proposed rule change adds a new section to GSCC's fee 
structure to clarify an issue concerning the designation and dollar 
size 

[[Page 37912]]
limitation of a ``side'' of a transaction for purposes of the fee 
structure.\6\ As defined in new section V of the fee structure, a 
``side'' of a trade or transaction is limited to $50 million increments 
in size.\7\ Thus, if the aggregate amount of a side of a trade 
submitted to GSCC by or on behalf of a member is greater than $50 
million, each $50 million portion of that aggregate amount, including 
any residual portion that is less than $50 million, shall be considered 
as a separate ``side'' for purposes of the fee structure.

    \6\ The issue concerning the determination of a ``side'' of a 
transaction for purposes of GSCC's fee structure has arisen in 
connection with GSCC's implementation of its auction take down 
service. For a description of GSCC auction take down procedures, 
refer to Securities Exchange Act Release Nos. 33984 (May 2, 1994), 
59 FR 24491 [File No. SR-GSCC-94-01] (approving proposed rule change 
relating to the comparison and netting of member's treasury auction 
purchases) and 34260 (June 27, 1994), 59 FR 33994 [File No. SR-GSCC-
94-05] (notice of filing and immediate effectiveness of proposed 
rule change relating to GSCC's fee structure in connection with 
GSCC's auction takedown services).
    \7\ Frequently, the aggregate amount of GSCC members' Treasury 
auction awards that are submitted to GSCC by a Federal Reserve Bank 
exceeds $50 million.
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    GSCC believes the proposed rule change is consistent with the 
requirements of Section 17A of the Act and the rules and regulations 
thereunder because the proposal provides for the equitable allocation 
of reasonable dues, fees, and other charges among GSCC's participants.
(b) Self-Regulatory Organization's Statement on Burden on Competition

    GSCC 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

    Comments on the proposed rule change have not yet been solicited. 
Members will be notified of the rule filing, and comments will be 
solicited by an Important Notice. GSCC will notify the Commission of 
any written comments received by GSCC.

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)(ii) \8\ of the Act and pursuant to Rule 19b-4(e)(2)\9\ 
promulgated thereunder because the proposal establishes or changes are 
due, fee or other charge imposed by GSCC. At any time within sixty days 
of the filing of such 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.

    \8\ 15 U.S.C. Sec. 78s(b)(3)(A)(ii) (1988).
    \9\ 17 CFR 240.19b-4(e)(2) (1994).
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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, N.W., Washington, D.C. 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. Sec. 552, will be available for inspection and copying in 
the Commission's Public Reference Section, 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 GSCC. All 
submissions should refer to File No. SR-GSCC-95-01 and should be 
submitted by July 31, 1995.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\10\

    \10\ 17 CFR 300.30-3(a)(12) (1994).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 95-18096 Filed 7-21-95; 8:45 am]
BILLING CODE 8010-10-M