[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)] [Notices] [Pages 57505-57506] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-28518] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-37906; File No. SR-DTC-96-18] Self-Regulatory Organizations; the Depository Trust Company; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Revision of Fees October 31, 1996. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on October 17, 1996, the Depository Trust Company (``DTC'') 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 DTC. 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). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change reduces the fee associated with book-entry deliveries made through DTC and the National Securities Clearing Corporation's (``NSCC'') Continuous Net Settlement (``CNS'') system. DTC is reducing the fee from $0.08 to $0.075 per item delivered. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, DTC 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. DTC 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 DTC. --------------------------------------------------------------------------- (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 revise the fee associated with book-entry deliveries made through DTC and NSCC's CNS system. The CNS delivery fees were last revised when DTC converted to an all same-day funds settlement (``SDFS'') system in February 1996. At that time, the CNS delivery fee increased from $0.07 to $0.08 per item delivered or received through the CNS system. The revised fee was an estimate of the cost of processing such transactions in an SDFS environment rather than in a next-day funds settlement environment. Since the conversion, DTC has determined that usage of DTC's computer resources supports a reduction in the CNS delivery fee from $0.08 to $0.075 per item delivered or received. The reduced fee became effective on October 15, 1996. DTC believes that the proposed rule change is consistent with Section 17A(b)(3)(D) of the Act \3\ and the rules and regulations thereunder because it provides for the equitable allocations of reasonable dues, fees, and other charges among DTC's participants. --------------------------------------------------------------------------- \3\ 15 U.S.C. Sec. 78q-1(b)(3)(D) (1988). --------------------------------------------------------------------------- (B) Self-Regulatory Organization's Statement on Burden on Competition DTC does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. (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. DTC will notify the Commission of any written comments received by DTC. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The forgoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act \4\ and pursuant to Rule 19b-4(e)(2) \5\ promulgated thereunder because the proposal changes a due, fee, or other charge imposed by DTC. 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) (1996). --------------------------------------------------------------------------- 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 also will be available for inspection and copying at the principal office of DTC. All submissions should refer to File No. SR-DTC-96-18 and should be submitted by November 27, 1996. [[Page 57506]] For the Commission by the Division of Market Regulation, pursuant to delegated authority.\6\ --------------------------------------------------------------------------- \6\ 17 CFR 200.30-3(a)(12) (1996). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 96-28518 Filed 11-5-96; 8:45 am] BILLING CODE 8010-01-M