Canadian Derivatives Clearing Corporation; Order Approving Accelerated Distribution of an Amended Options Disclosure Document, 6740-6741 [E5-511]

Download as PDF 6740 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices concluded All Tech Corporation had not conducted its activities in full compliance with NRC requirements. The Board is comprised of the following administrative judges: Lawrence McDade, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. E. Roy Hawkens, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Dr. Peter S. Lam, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. All correspondence, documents, and other materials shall be filed with the administrative judges in accordance with 10 CFR 2.346(I). Issued in Rockville, Maryland, this 2nd day of February 2005. G. Paul Bollwerk, III, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. 05–2367 Filed 2–7–05; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Sunshine Act; Meetings Weeks of February 7, 14, 21, 28, March 7, 14, 2005. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. MATTERS TO BE CONSIDERED: DATE: Week of February 7, 2005 There are no meetings scheduled for the week of February 7, 2005. Week of February 14, 2005—Tentative Tuesday, February 15, 2005: 9:30 a.m. Briefing on Office of Nuclear Material Safety and Safeguards Programs, Performance, and Plans— Waste Safety (Public Meeting) (Contact: Jessica Shin, 301–415– 8117). This meeting will be webcast live at the Web address—https:// www.nrc.gov. Week of February 21, 2005—Tentative Tuesday, February 22, 2005: 9:30 a.m. Briefing on Status of Office of the Chief Information Officer (OCIO) Programs, Performance, and Plans (Public Meeting) (Contact: Patricia Wolfe, 301–415–6031). This meeting will be webcast live at the Web address—https://www.nrc.gov. 1:30 p.m. Briefing on Emergency VerDate jul<14>2003 18:12 Feb 07, 2005 Jkt 205001 Preparedness Program Initiatives (Closed—Ex. 1) Wednesday, February 23, 2005: 9:30 a.m. Briefing on Status of Office of the Chief Financial Officer (OCFO) Programs, Performance, and Plans (Public Meeting) (Contact: Edward New, 301–415–5646). This meeting will be webcast live at the Web address—https://www/nrc.gov. Thursday, February 24, 2005: 9 a.m. Discussion of Security Issues (Closed—Ex. 1) 1 p.m. Briefing on Nuclear Fuel Performance (Public Meeting) (Contact: Frank Akstulewicz, 301– 415–1136). This meeting will be webcast live at the Web address— https://www.nrc.gov. Week of February 28, 2005—Tentative There are no meetings scheduled for the week of February 28, 2005. requests for reasonable accommodation will be made on a case-by-case basis. * * * * * This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to dkw@nrc.gov. Dated: February 3, 2005. Dave Gamberoni, Office of the Secretary. [FR Doc. 05–2481 Filed 2–4–05; 9:27 am] BILLING CODE 7590–01–M Week of March 7, 2005—Tentative Monday, March 7, 2005: 9:30 a.m. Briefing on Office of Nuclear Material Safety and Safeguards Programs, Performance, and Plans— Materials Safety (Public Meeting) (Contact: Shamica Walker, 301– 415–5142). This meeting will be webcast live at the Web address— https://www.nrc.gov. SECURITIES AND EXCHANGE COMMISSION Week of March 14, 2005—Tentative Wednesday, March 16, 2005: 9:30 a.m. Meeting with Advisory Committee on Nuclear Waste (ACNW) (Public Meeting) (Contact: John Larkins, 301–415–7360). This meeting will be webcast live at the Web address—https://www.nrc.gov. February 2, 2005. [Release No. 34–51124; File No. SR–ODD– 2004–03] Canadian Derivatives Clearing Corporation; Order Approving Accelerated Distribution of an Amended Options Disclosure Document *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415–1292. Contact person for more information: Dave Gamberoni, (301) 415– 1651. On January 28, 2005, the Canadian Derivatives Clearing Corporation (‘‘CDCC’’),1 on behalf of the Bourse de ´ ´ Montreal, Inc. (‘‘Bourse de Montreal’’), submitted to the Securities and Exchange Commission (‘‘Commission’’), pursuant to Rule 9b–1 under the Securities Exchange Act of 1934 (‘‘Act’’),2 five definitive copies of an amended options disclosure document (‘‘ODD’’) that describes the risks and characteristics of options traded on the ´ Bourse de Montreal.3 The CDCC has * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/ what-we-do/policy-making/ schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC’s Disability Program Coordinator, August Spector, at 301–415–7080, TDD: 301–415–2100, or by e-mail at aks@nrc.gov. Determinations on 1 The CDCC formerly was known as Trans Canada Options, Inc. (‘‘TCO’’). The name of the corporation was changed in January 1996. 2 17 CFR 240.9b–1. 3 The Commission initially reviewed the ODD in 1984. See Securities Exchange Act Release No. 21365 (October 2, 1984), 49 FR 39400 (October 5, 1984) (File No. ODD–84–1). Since then, the Commission has reviewed several amendments to the ODD. See, e.g., Securities Exchange Act Release Nos. 44333 (May 21, 2001), 66 FR 29193 (May 29, 2001) (File No. SR–ODD–00–04) (amending the ODD to reflect, among other things, changes to the structure of the Canadian equity markets and to provide a discussion of Enhanced Capital Marketing); 37569 (August 14, 1996), 61 FR 43281 (August 21, 1996) (File No. SR–ODD–96–01) (amending the ODD to reflect, among other things, the name change from TCO to CDCC); 29033 (April 1, 1991), 56 FR 14407 (April 9, 1991) (File No. SR– ODD–91–1) (amending the ODD to include, among other things, references to Toronto Stock Exchange 35 Composite Index options); 24480 (May 19, 1987), 52 FR 20179 (May 29, 1987) (File No. SR–ODD–87– PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices revised the ODD to, among other things, reflect the CDCC’s new automatic exercise parameters for equity and bond options, to add an Annex to the ODD setting forth the holidays and early ´ closings of the Bourse de Montreal, to update the discussion of Canadian federal income tax considerations applicable to non-residents, and to indicate that the S&P/TSE 60 Index is now named the S&P/TSX 60 Index. Rule 9b–1 under the Act provides that an options market must file five preliminary copies of an amended ODD with the Commission at least 30 days prior to the date when definitive copies of the amended ODD are furnished to customers, unless the Commission determines otherwise, having due regard to the adequacy of the information disclosed and the public interest and protection of investors.4 The Commission has reviewed the amended ODD and finds, having due regard to the adequacy of the information disclosed, that it is consistent with the protection of investors and in the public interest to allow the distribution of the amended ODD as of the date of this order.5 It is therefore ordered, pursuant to Rule 9b–1 under the Act,6 that the distribution of the revised ODD (SR– ODD–2004–03) as of the date of this order, is approved. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.7 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–511 Filed 2–7–05; 8:45 am] BILLING CODE 8010–01–P 2) (amending the ODD to include, among other things, a discussion of Government of Canada Treasury Bill Price Index options; and 22349 (August 21, 1985), 50 FR 34956 (August 28, 1985) (File No. SR–ODD–85–1) (amending the ODD to include, among other things, a discussion of the risks and uses of stock index and bond options). 4 This provision is intended to permit the Commission either to accelerate or extend the time period in which definitive copies of a disclosure document may be distributed to the public. 5 Rule 9b–1 under the Act provides that the use of an ODD shall not be permitted unless the options class to which the documents relates is the subject of an effective registration statement on Form S–20 under the Securities Act of 1933. On April 19, 2004, the Commission, pursuant to delegated authority, declared effective the CDCC’s most recent PostEffective Amendment to its Form S–20 registration statement. See File No. 2–69458. 6 17 CFR 240.9b–1. 7 17 CFR 200.30–3(a)(39)(i). VerDate jul<14>2003 18:12 Feb 07, 2005 Jkt 205001 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51119; File No. SR–Amex– 2004–72] Self-Regulatory Organizations; Order Approving Proposed Rule Change and Amendment No. 1 Thereto by the American Stock Exchange LLC to Amend Its Minor Rule Violation Plan February 1, 2005. On August 23, 2004, the American Stock Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 a proposed rule change to amend Exchange Rule 590, its Minor Rule Violation Fine Plan (‘‘Plan’’). On November 23, 2004, Amex filed Amendment No. 1 to the proposed rule change. The proposed rule change, as amended, was published for comment in the Federal Register on December 22, 2004.3 The Commission received no comments regarding the proposal. The Exchange proposed to make the following actions subject to its Plan: • Failure to comply with trade reporting requirements for options (Amex Rule 992); • Violation of Exchange rules regarding the deactivation of quote assist as it pertains to options (Amex Rules 950(g), Commentary .01 and 950– ANTE(g), Commentary .01); • Violation of Exchange rules regarding the Options Linkage Program relating to the responding to, and receiving of, Linkage Orders (Amex Rule 941(d) and (e)), Avoidance and Satisfaction of Trade-Throughs (Amex Rule 942(a)), and Locked Markets (Amex Rule 943); • Violation of Exchange policy regarding affirmative determination of the availability for borrowing of shares of Amex-listed issues prior to effecting short sale transactions (Circular 90–25); and • Effecting or causing to be effected a transaction outside of business hours through the Intermarket Trading System (Amex Rules 1, 100, and 233). The Exchange also proposed to amend the Plan as follows: • Expand the requirement of reporting trade comparison data (Part 2(d)(3) of Amex Rule 590) to include all transactions effected on the Exchange and to relocate such rule to Part 1(g) of U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Securities Exchange Act Release No. 50871 (December 16, 2004), 69 FR 76801. PO 00000 1 15 2 17 Frm 00130 Fmt 4703 Sfmt 4703 6741 Amex Rule 590 so as to subject it to Amex Enforcement Department action rather than Amex Floor Official action; and • Revise Part 3 of Amex Rule 590 to reflect the current filing schedule for the Form 50 (Short Position), which is now also required to be filed at or about the end of the month for selected derivative products. The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.4 In particular, the Commission believes that the proposal is consistent with Section 6(b)(5) of the Act 5 which requires that the rules of an exchange be designed to promote just and equitable principles of trade, to remove impediments and to perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission also believes that the proposal is consistent with Sections 6(b)(1) 6 and 6(b)(6) 7 of the Act which require that the rules of an exchange enforce compliance and provide appropriate discipline for violations of Commission and Exchange rules. In addition, because Amex Rule 590 provides procedural rights to a person fined under the Plan to contest the fine and permit a hearing on the matter, the Exchange believes the proposal provides a fair procedure for the disciplining of members and persons associated with members, consistent with Sections 6(b)(7) 8 and 6(d)(1) 9 of the Act. Finally, the Commission finds that the proposal is consistent with the public interest, the protection of investors, or otherwise in furtherance of the purposes of the Act, as required by Rule 19d– 1(c)(2) under the Act 10 which governs minor rule violation plans. The Commission believes that these changes to Amex’s Plan will strengthen its ability to carry out its oversight and enforcement responsibilities as a selfregulatory organization in cases where full disciplinary proceedings are unsuitable in view of the minor nature of the particular violation. In approving this proposed rule change, the Commission in no way 4 In approving this proposed rule change, the Commission notes that it has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 5 15 U.S.C. 78f(b)(5). 6 15 U.S.C. 78f(b)(1). 7 15 U.S.C. 78f(b)(6). 8 15 U.S.C. 78f(b)(7). 9 15 U.S.C. 78f(d)(1). 10 17 CFR 240.19d–1(c)(2). E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Notices]
[Pages 6740-6741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-511]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-51124; File No. SR-ODD-2004-03]


Canadian Derivatives Clearing Corporation; Order Approving 
Accelerated Distribution of an Amended Options Disclosure Document

February 2, 2005.
    On January 28, 2005, the Canadian Derivatives Clearing Corporation 
(``CDCC''),\1\ on behalf of the Bourse de Montr[eacute]al, Inc. 
(``Bourse de Montr[eacute]al''), submitted to the Securities and 
Exchange Commission (``Commission''), pursuant to Rule 9b-1 under the 
Securities Exchange Act of 1934 (``Act''),\2\ five definitive copies of 
an amended options disclosure document (``ODD'') that describes the 
risks and characteristics of options traded on the Bourse de 
Montr[eacute]al.\3\ The CDCC has

[[Page 6741]]

revised the ODD to, among other things, reflect the CDCC's new 
automatic exercise parameters for equity and bond options, to add an 
Annex to the ODD setting forth the holidays and early closings of the 
Bourse de Montr[eacute]al, to update the discussion of Canadian federal 
income tax considerations applicable to non-residents, and to indicate 
that the S&P/TSE 60 Index is now named the S&P/TSX 60 Index.
---------------------------------------------------------------------------

    \1\ The CDCC formerly was known as Trans Canada Options, Inc. 
(``TCO''). The name of the corporation was changed in January 1996.
    \2\ 17 CFR 240.9b-1.
    \3\ The Commission initially reviewed the ODD in 1984. See 
Securities Exchange Act Release No. 21365 (October 2, 1984), 49 FR 
39400 (October 5, 1984) (File No. ODD-84-1). Since then, the 
Commission has reviewed several amendments to the ODD. See, e.g., 
Securities Exchange Act Release Nos. 44333 (May 21, 2001), 66 FR 
29193 (May 29, 2001) (File No. SR-ODD-00-04) (amending the ODD to 
reflect, among other things, changes to the structure of the 
Canadian equity markets and to provide a discussion of Enhanced 
Capital Marketing); 37569 (August 14, 1996), 61 FR 43281 (August 21, 
1996) (File No. SR-ODD-96-01) (amending the ODD to reflect, among 
other things, the name change from TCO to CDCC); 29033 (April 1, 
1991), 56 FR 14407 (April 9, 1991) (File No. SR-ODD-91-1) (amending 
the ODD to include, among other things, references to Toronto Stock 
Exchange 35 Composite Index options); 24480 (May 19, 1987), 52 FR 
20179 (May 29, 1987) (File No. SR-ODD-87-2) (amending the ODD to 
include, among other things, a discussion of Government of Canada 
Treasury Bill Price Index options; and 22349 (August 21, 1985), 50 
FR 34956 (August 28, 1985) (File No. SR-ODD-85-1) (amending the ODD 
to include, among other things, a discussion of the risks and uses 
of stock index and bond options).
---------------------------------------------------------------------------

    Rule 9b-1 under the Act provides that an options market must file 
five preliminary copies of an amended ODD with the Commission at least 
30 days prior to the date when definitive copies of the amended ODD are 
furnished to customers, unless the Commission determines otherwise, 
having due regard to the adequacy of the information disclosed and the 
public interest and protection of investors.\4\
---------------------------------------------------------------------------

    \4\ This provision is intended to permit the Commission either 
to accelerate or extend the time period in which definitive copies 
of a disclosure document may be distributed to the public.
---------------------------------------------------------------------------

    The Commission has reviewed the amended ODD and finds, having due 
regard to the adequacy of the information disclosed, that it is 
consistent with the protection of investors and in the public interest 
to allow the distribution of the amended ODD as of the date of this 
order.\5\
    It is therefore ordered, pursuant to Rule 9b-1 under the Act,\6\ 
that the distribution of the revised ODD (SR-ODD-2004-03) as of the 
date of this order, is approved.
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    \5\ Rule 9b-1 under the Act provides that the use of an ODD 
shall not be permitted unless the options class to which the 
documents relates is the subject of an effective registration 
statement on Form S-20 under the Securities Act of 1933. On April 
19, 2004, the Commission, pursuant to delegated authority, declared 
effective the CDCC's most recent Post-Effective Amendment to its 
Form S-20 registration statement. See File No. 2-69458.
    \6\ 17 CFR 240.9b-1.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\7\
Margaret H. McFarland,
Deputy Secretary.
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    \7\ 17 CFR 200.30-3(a)(39)(i).
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 [FR Doc. E5-511 Filed 2-7-05; 8:45 am]
BILLING CODE 8010-01-P
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