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52198 Federal Register / Vol. 71, No.

170 / Friday, September 1, 2006 / Notices

clarify how cross orders would be comments received will be posted and Rule 19b–4(f)(4) thereunder 3 so that
executed in the Post-Primary Trading without change; the Commission does the proposal was effective upon filing
Session. The Exchange also corrected not edit personal identifying with the Commission. The Commission
several technical errors contained in the information from submissions. You is publishing this notice to solicit
rule text. should submit only information that comments on the proposed rule change
The Commission believes that these you wish to make available publicly. All from interested parties.
clarifying and technical changes to the submissions should refer to Amendment
proposed rule change improve the I. Self-Regulatory Organization’s
No. 5 of File Number SR–BSE–2006–22 Statement of the Terms of Substance of
proposal and raise no new or novel and should be submitted on or before
issues of regulatory concern, and the Proposed Rule Change
September 22, 2006.
therefore should not delay its The proposed rule change would
implementation. Accordingly, the V. Conclusion incorporate the terms and conditions of
Commission finds good cause to For the foregoing reasons, the certain participant agreements related to
accelerate approval of Amendment No. Commission finds that the proposed DTC’s custody service into the DTC
5, pursuant to Section 19(b)(2) of the rule change, as amended, is consistent Custody Service Guide.
Act.55 with the Act and the rules and II. Self-Regulatory Organization’s
regulations thereunder applicable to a Statement of the Purpose of, and
IV. Solicitation of Comments
national securities exchange, and, in Statutory Basis for, the Proposed Rule
Interested persons are invited to particular, with Section 6(b)(5) of the
submit written data, views, and Change
Act.56
arguments concerning Amendment No. It is therefore ordered, pursuant to In its filing with the Commission,
5, including whether Amendment No. 5 Section 19(b)(2) of the Act,57 that the DTC included statements concerning
is consistent with the Act. Comments proposed rule change (SR-BSE–2006– the purpose of and basis for the
may be submitted by any of the 22), as amended, and Amendment No. proposed rule change and discussed any
following methods: 3 thereto, is approved and Amendment comments it received on the proposed
No. 5 is approved on an accelerated rule change. The text of these statements
Electronic Comments
basis. may be examined at the places specified
• Use the Commission’s Internet in Item IV below. DTC has prepared
For the Commission, by the Division of
comment form (http://www.sec.gov/ summaries, set forth in sections (A), (B),
Market Regulation, pursuant to delegated
rules/sro.shtml); or authority.58 and (C) below, of the most significant
• Send an e-mail to rule- aspects of these statements.4
Nancy M. Morris,
comments@sec.gov. Please include File
Secretary. (A) Self-Regulatory Organization’s
Number SR–BSE–2006–22 on the
subject line. [FR Doc. E6–14564 Filed 8–31–06; 8:45 am] Statement of the Purpose of, and
BILLING CODE 8010–01–P Statutory Basis for, the Proposed Rule
Paper Comments Change
• Send paper comments in triplicate DTC is filing the proposed rule
to Nancy M. Morris, Secretary, SECURITIES AND EXCHANGE change to incorporate the terms and
Securities and Exchange Commission, COMMISSION conditions of various participant
Station Place, 100 F Street, NE., [Release No. 34–54367; File No. SR–DTC– agreements relating to DTC’s custody
Washington, DC 20549–1090. 2006–09] service into the DTC Custody Service
All submissions should refer to File Guide (‘‘Guide’’).5 Specifically, DTC is
Number SR–BSE–2006–22. This file Self-Regulatory Organizations; The incorporating the terms of three custody
number should be included on the Depository Trust Company; Notice of service participant agreements into the
subject line if e-mail is used. To help the Filing and Immediate Effectiveness of Guide: (i) The High Value Letter,6 (ii)
Commission process and review your Proposed Rule To Revise the DTC New York Window Service Agreement,7
comments more efficiently, please use Custody Service Guide To Incorporate and (iii) Medallion Signature Guarantee/
only one method. The Commission will the Terms of Certain Participant Stamp Letter.8 The terms proposed to be
post all comments on the Commission’s Agreements
Internet Web site (http://www.sec.gov/ August 25, 2006.
3 17 CFR 240.19b–4(f)(4).
rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) of the
4 The Commission has modified the text of the
submission, all subsequent summaries prepared by DTC.
Securities Exchange Act of 1934 5 For background information on the Custody
amendments, all written statements (‘‘Act’’),1 notice is hereby given that on Service Guide, which replaced applicable
with respect to the proposed rule May 19, 2006, The Depository Trust participant operating procedures relating to the
change that are filed with the Company (‘‘DTC’’) filed with the custody service, see Securities Exchange Act
Commission, and all written Release No. 34–44719 (August 17, 2001), 66 FR
Securities and Exchange Commission 44656 (August 24, 2001) [File No. SR–DTC–2001–
communications relating to the (‘‘Commission’’) a proposed rule change 01].
proposed rule change between the and on June 23, 2006, amended the 6 The High Value Letter defines the extent of loss
Commission and any person, other than proposed rule change described in Items that DTC would incur in connection with the
those that may be withheld from the I, II, and III below, which items have
processing of certain ‘‘high value’’ certificates as
public in accordance with the being limited by the extent of the DTC insurance
been prepared primarily by DTC. DTC coverage at the time of an incident of loss.
provisions of 5 U.S.C. 552, will be filed the proposed rule change pursuant 7 The New York Window Service Agreement sets
available for inspection and copying in to Section 19(b)(3)(A)(iii) of the Act 2 forth the terms and conditions for a participant’s
the Commission’s Public Reference
sroberts on PROD1PC70 with NOTICES

use of the New York Window Service, a service


Room. Copies of such filing also will be 56 15
offered under the umbrella of DTC’s custody
U.S.C. 78f(b)(5). service.
available for inspection and copying at 57 15 U.S.C. 78s(b)(2). 8 The Medallion Signature Guarantee/Stamp
the principal office of the Exchange. All 58 17 CFR 200.30–3(a)(12).
Letter sets forth the terms and conditions for DTC’s
1 15 U.S.C. 78s(b)(1).
use of certain participant stamps and medallions in
55 15 U.S.C. 78s(b)(2). 2 15 U.S.C. 78s(b)(3)(A)(iii). connection with the New York Window Service.

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Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Notices 52199

incorporated by this filing into the Electronic Comments SECURITIES AND EXCHANGE
Guide match those currently included COMMISSION
in the agreements thereby affording both • Use the Commission’s Internet
DTC and its participants the same rights comment form (http://www.sec.gov/
[Release No. 34–54366; File No. SR–NSCC–
and responsibilities as those afforded by rules/sro.shtml) or
2006–07]
the agreements. • Send an e-mail to rule-
DTC believes that the proposed rule comments@sec.gov. Please include File Self-Regulatory Organizations;
change is consistent with the Number SR–DTC–2006–09 on the National Securities Clearing
requirements of the Act, as amended, subject line. Corporation; Notice of Filing and
and the rules and regulations Immediate Effectiveness of Proposed
thereunder because it incorporates Paper Comments
Rule Change Relating To Clarifying
existing terms of DTC participant and Technical Changes to NSCC’s
agreements into DTC’s Guide and thus • Send paper comments in triplicate
to Nancy M. Morris, Secretary, Rules Regarding Its Fund/Serv Mutual
facilitates the safeguarding of securities Fund Processing System
in DTC’s custody or control. Securities and Exchange Commission,
100 F Street, NE., Washington, DC August 25, 2006.
(B) Self-Regulatory Organization’s 20549–1090.
Statement on Burden on Competition Pursuant to Section 19(b)(1) of the
All submissions should refer to File Securities Exchange Act of 1934
DTC does not believe that the
Number SR–DTC–2006–09. This file (‘‘Act’’),1 notice is hereby given that on
proposed rule change will have any
number should be included on the June 5, 2006, the National Securities
impact or impose any burden on
subject line if e-mail is used. To help the Clearing Corporation (‘‘NSCC’’) filed
competition.
Commission process and review your with the Securities and Exchange
(C) Self-Regulatory Organization’s comments more efficiently, please use Commission (‘‘Commission’’) the
Statement on Comments on the only one method. The Commission will proposed rule change described in Items
Proposed Rule Change Received From post all comments on the Commission’s I, II, and III below, which items have
Members, Participants, or Others Internet Web site (http://www.sec.gov/ been prepared primarily by NSCC.
Written comments relating to the rules/sro.shtml). Copies of the NSCC filed the proposed rule change
proposed rule change have not yet been submission, all subsequent pursuant to Section 19(b)(3)(A)(iii) of
solicited or received. DTC will notify amendments, all written statements the Act 2 and Rule 19b–4(f)(4)
the Commission of any written with respect to the proposed rule thereunder 3 so that the proposal was
comments received by DTC. change that are filed with the effective upon filing with the
III. Date of Effectiveness of the Commission, and all written Commission. The Commission is
Proposed Rule Change and Timing for communications relating to the publishing this notice to solicit
Commission Action proposed rule change between the comments on the proposed rule change
Commission and any person, other than from interested parties.
The foregoing rule change has become those that may be withheld from the
effective upon filing pursuant to Section I. Self-Regulatory Organization’s
public in accordance with the Statement of the Terms of Substance of
19(b)(3)(A)(iii) of the Act 9 and Rule
provisions of 5 U.S.C. 552, will be the Proposed Rule Change
19b–4(f)(4) 10 thereunder because the
proposed rule effects a change in an available for inspection and copying in
existing service of DTC that (i) does not the Commission’s Public Reference The proposed rule change would
adversely affect the safeguarding of Section, 100 F Street, NE., Washington, make clarifying and technical changes
securities or funds in the custody or DC 20549. Copies of such filing also will to NSCC’s Rules principally as they
control of DTC or for which it is be available for inspection and copying relate to funds which are eligible for
responsible and (ii) does not at the principal office of DTC and on processing on Fund/Serv, NSCC’s
significantly affect the respective rights DTC’s Web site at http://www.dtc.org. mutual fund processing system.
or obligations of DTC or persons using All comments received will be posted II. Self-Regulatory Organization’s
the service. At any time within sixty without change; the Commission does Statement of the Purpose of, and
days of the filing of the proposed rule not edit personal identifying Statutory Basis for, the Proposed Rule
change, the Commission may summarily information from submissions. You Change
abrogate such rule change if it appears should submit only information that
to the Commission that such action is you wish to make available publicly. All In its filing with the Commission,
necessary or appropriate in the public submissions should refer to File NSCC included statements concerning
interest, for the protection of investors, Number SR–DTC–2006–09 and should the purpose of and basis for the
or otherwise in furtherance of the be submitted on or before September 22, proposed rule change and discussed any
purposes of the Act. 2006. comments it received on the proposed
rule change. The text of these statements
IV. Solicitation of Comments For the Commission by the Division of
may be examined at the places specified
Interested persons are invited to Market Regulation, pursuant to delegated
in Item IV below. NSCC has prepared
submit written data, views, and authority.11
summaries, set forth in sections (A), (B),
arguments concerning the foregoing, Nancy M. Morris, and (C) below, of the most significant
including whether the proposed rule Secretary. aspects of these statements.4
change is consistent with the Act.
sroberts on PROD1PC70 with NOTICES

[FR Doc. E6–14552 Filed 8–31–06; 8:45 am]


Comments may be submitted by any of BILLING CODE 8010–01–P 1 15 U.S.C. 78s(b)(1).
the following methods: 2 15 U.S.C. 78s(b)(3)(A)(iii).
3 17 CFR 240.19b&ndash;4(f)(4).
9 15 U.S.C. 78s(b)(3)(A)(iii). 4 The Commission has modified the text of the
10 17 CFR 240.19b–4(f)(4). 11 17 CFR 200.30–3(a)(12). summaries prepared by NSCC.

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