[Federal Register Volume 70, Number 107 (Monday, June 6, 2005)]
[Notices]
[Pages 32858-32859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2874]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51754; File No. SR-FICC-2005-07]


Self-Regulatory Organizations; Fixed Income Clearing Corporation; 
Order Approving Proposed Rule Change To Establish a Firm Deadline by 
which Members of the Government Securities Division Must Satisfy 
Clearing Fund Deficiencies

May 27, 2005.

I. Introduction

    On March 18, 2005, the Fixed Income Clearing Corporation (``FICC'') 
filed with the Securities and Exchange Commission (``Commission'') 
proposed rule change SR-FICC-2005-07 pursuant to Section 19(b)(1) of 
the Securities Exchange Act of 1934 (``Act'').\1\ Notice of the 
proposal was published in the Federal Register on April 21, 2005.\2\ No 
comment letters were received. For the reasons discussed below, the 
Commission is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 51550 (April 15, 2005), 
70 FR 20781.
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II. Description

    FICC is establishing a firm deadline by which members of FICC's 
Government Securities Division (``GSD'') must satisfy clearing fund 
deficiencies. Currently, GSD's rules provide a deadline for a member's 
satisfaction of a clearing fund deficiency of two hours after GSD has 
issued a notice of deficiency to that member. Under current practice, 
GSD issues its clearing fund deficiency notices by telephone calls 
typically at 8:30 a.m. eastern time and by a facsimile containing (i) a 
cover letter summarizing the deficiency status and (ii) a detailed 
report reflecting the firm's current clearing fund requirement and 
collateral on deposit. Therefore, deficiency calls typically must be 
satisfied by approximately 10:30 a.m. eastern time.
    Notwithstanding GSD's issuance of clearing fund calls, each member 
has the ability to access a report each day detailing its clearing fund 
balances and any deficiency thereof generally by 12:30 a.m. eastern 
time.
    Taking into account members' ready access to clearing fund 
deficiency information, the rule change establishes a firm deadline of 
10:30 a.m. eastern time to ensure the timely satisfaction of clearing 
fund deficiency calls and to eliminate current provisions which 
correlate the timing of the deadline to the issuance of the notice by 
FICC.\3\ As a result, it will be incumbent upon members to access 
directly the appropriate report detailing their clearing fund deposit 
requirements so they might satisfy any deficiencies.
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    \3\ Under GSD's rule, FICC may extend this deadline if 
operational or systems difficulties arise that reasonably prevent 
members from satisfying the 10:30 a.m. eastern time deadline.
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III. Discussion

    Section 17A(b)(3)(F) of the Act requires that the rules of a 
clearing agency be designed to assure the safeguarding of securities 
and funds which are in the custody or control of the clearing agency 
for which it is responsible.\4\ The Commission finds that FICC's 
proposed rule change is consistent with this requirement because it 
will promote timely satisfaction of clearing fund deficiency calls and 
will reduce the amount of risk to FICC and its members.
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    \4\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposed rule change is consistent with the requirements of the Act and 
in particular Section 17A of the Act and the rules and regulations 
thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\5\ that the proposed rule change (File No. SR-

[[Page 32859]]

FICC-2005-07) be and hereby is approved.
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    \5\ 15 U.S.C. 78s(b)(2).

    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. E5-2874 Filed 6-3-05; 8:45 am]
BILLING CODE 8010-01-P