[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)] [Notices] [Page 21017] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-10486] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-35639; File No. SR-OCC-95-04] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Enhanced Clearing Member Interface Fees April 24, 1995. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934\1\ (``Act''), notice is hereby given that on April 11, 1995, The Options Clearing Corporation (``OCC'') 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 OCC. The Commission is publishing this notice to solicit comments from interested persons on the proposed rule change. \1\15 U.S.C. 78s(b)(1) (1988). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change OCC is filing the proposed rule change to revise its monthly lease fee charged to clearing members using the Enhanced Clearing Member Interface (``ECMI'') configuration. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, OCC 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. Summaries of the most significant aspects of such statements are set forth in sections (A), (B), and (C) below. (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 adjust the monthly lease fee charged to OCC clearing members using ECMI. ECMI consists of equipment and software designed to enhance the ability of OCC's clearing members to interface with OCC's mainframe and local area network systems.\2\ The lease fees for ECMI were based on OCC's leasing and other overhead costs and were originally set at $200.00 per month. At this time, OCC's costs associated with providing ECMI to its clearing members have decreased on a per unit basis. Accordingly, as of January 1, 1995, OCC proposes to reduce to $150.00 per month its monthly lease fees charged to clearing members.\3\ \2\ECMI permits clearing members, among other things, to input post-trade transactions via OCC's Clearing Management and Control System, to retrieve clearing reports via OCC's on-line report inquiry service, and to review information memoranda and other notices via OCC's Options News Network service. Securities Exchange Act Release No. 32366 (May 25, 1993) 58 FR 31435 [File No. SR-OCC- 93-11] (notice of filing and immediate effectiveness of proposed rule change). \3\OCC will make the fee reduction retroactive to January 1, 1995, and will credit members' accounts for the reduction of the fee. Telephone conversation between Jean M. Cawley, Special Counsel, OCC, and Peter R. Geraghty, Senior Counsel, Division of Market Regulation, Commission (April 18, 1995). --------------------------------------------------------------------------- OCC believes the proposed rule change is consistent with the requirements of Section 17A of the Act and the rules and regulations thereunder because it provides for the equitable allocation of dues, fees, and other charges among OCC's clearing members. (B) Self-Regulatory Organization's Statement on Burden on Competition OCC 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 have been solicited or received. OCC will notify the Commission of any written comments received. 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)\4\ of the Act and pursuant to Rule 19b-4(e)(2)\5\ promulgated thereunder because the proposal establishes or changes a due, fee, or other charge imposed by OCC. 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. \4\15 U.S.C. 78s(b)(3)(A)(ii) (1988). \5\17 CFR 240.19b-4(e)(2) (1994). --------------------------------------------------------------------------- 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 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 OCC. All submissions should refer to File No. SR-OCC-95-04 and should be submitted by May 19, 1995. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\6\ \6\17 CFR 200.30-3(a)(12) (1994). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 95-10486 Filed 4-27-95; 8:45 am] BILLING CODE 8010-01-M