[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Notices]
[Pages 3918-3919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1712]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-47195; File No. SR-NSCC-2002-14]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of a Proposed 
Rule Making a Technical Correction to NSCC's Rules

January 15, 2003.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on December 11, 2002, 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 
persons.
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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 proposed rule change makes a technical correction to NSCC's 
rules.

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\
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    \2\ The Commission has modified parts of these statements.
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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 make a technical 
correction to SR-NSCC-2002-06, which the Commission approved on 
November 25, 2002.\3\
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    \3\ Securities Exchange Act Release No. 46903 (November 25, 
2002), 67 FR 72012.
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    On July 25, 2002, NSCC filed and on August 19, 2002, amended, SR-
NSCC-2002-06. This filing clarified NSCC's rules and procedures with 
regard to the imposition of fines on participants and more specifically 
identified the actions or inactions of participants that would result 
in fines being imposed upon them.
    Among other things, SR-NSCC-2002-06 modified NSCC rule 48, 
``Disciplinary Proceedings,'' sections 1 and 2 by inserting the term 
``Settling Bank Only Member'' at the beginning of each of those 
sections but did not repeat the term throughout the sections as it 
should have. In addition, in modifying rule 48 to include the term 
``Settling Bank Only Member,'' rule 45, ``Notices,'' section 6 should 
have been similarly changed. This filing appropriately modifies rules 
48 and 45.
    As a technical change to NSCC's rules, the proposed rule change is 
concerned solely with the administration of NSCC; NSCC therefore 
believes that it is consistent with the provisions of the Act and the 
rules and regulations thereunder.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will impact 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

    The foregoing rule change has become effective pursuant to section 
19(b)(3)(A)(i) of the Act \4\ and rule 19b-4(f)(1) \5\ thereunder 
because it constitutes a stated policy, practice, or interpretation 
with respect to the meaning, enforcement, or administration of an 
existing rule. At any time within 60 days of the filing of the 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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    \4\ 15 U.S.C. 78s(b)(3)(A)(i).
    \5\ 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. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. 
Comments may also be submitted electronically at the following e-mail 
address: [email protected]. All comment letters should refer to 
File No. SR-NSCC-2002-14. This file number should be included on the 
subject line if e-mail is used. To help us process and review comments 
more efficiently, comments should be sent in hardcopy or by e-mail but 
not by both methods. 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 will also be available for inspection and copying at the 
principal office of the NSCC. All submissions should refer to the File 
No. SR-NSCC-2002-14 and should be submitted by February 18, 2003.


[[Page 3919]]


    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 03-1712 Filed 1-24-03; 8:45 am]
BILLING CODE 8010-01-P