Sunshine Act Meetings, 3887 [07-372]
Download as PDF
Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Notices
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). 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
Room. Copies of such filing also will be
available for inspection and copying at
the principal office of each of the SROs.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number S7–966 and should be
submitted on or before February 16,
2007.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–1220 Filed 1–25–07; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
sroberts on PROD1PC70 with NOTICES
Sunshine Act Meetings
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Pub. L. 94–409, that the
Securities and Exchange Commission
will hold the following meetings during
the week of January 29, 2007:
Open Meetings will be held on
Wednesday, January 31, 2007 at 10 a.m.
and 2 p.m. in the Auditorium, Room
LL–002, and Closed Meetings will be
held on Wednesday, January 31, 2007 at
11 a.m. and Thursday, February 1, 2007
at 2 p.m.
Commissioners, Counsels to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meetings. Certain
staff members who have an interest in
the matters may also be present.
The General Counsel of the
Commission, or his designee, has
15 17
CFR 200.30–3(a)(34).
VerDate Aug<31>2005
17:19 Jan 25, 2007
Jkt 211001
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a) (3), (5), (7), 9(ii)
and (10) permit consideration of the
scheduled matters at the Closed
Meetings.
Commissioner Casey, as duty officer,
voted to consider the items listed for the
closed meetings in closed session.
The subject matter of the Open
Meeting scheduled for Wednesday,
January 31, 2007 at 10 a.m. will be:
The Commission will hear oral argument
on an appeal by Phlo Corporation, a beverage
manufacturer and an issuer of publicly
traded securities that also acts as transfer
agent for its own securities, its president and
chief executive officer James B. Hovis (‘‘J.
Hovis’’), and its executive vice president and
secretary, Anne P. Hovis (‘‘A. Hovis’’), who
also served as Phlo’s general counsel,
(together, ‘‘Respondents’’) from the decision
of an administrative law judge. The law judge
found that Phlo willfully violated provisions
requiring transfer agents to turnaround at
least ninety percent of all routine items
received in a month within three business
days and willfully failed to make records
available for examination by Commission
staff. The law judge concluded that A. Hovis
willfully aided and abetted and was a cause
of Phlo’s failure to complete transfers in a
timely manner and failure to make records
available for examination.
The law judge further found that Phlo
failed to make timely filings of annual and
quarterly reports with the Commission
between March 2003 and November 2005.
The law judge found that J. Hovis willfully
aided and abetted and was a cause of Phlo’s
violations of the periodic reporting
requirements.
The law judge assessed civil money
penalties of $100,000 against Phlo, $25,000
against J. Hovis, and $50,000 against A.
Hovis, revoked Phlo’s registration as a
transfer agent, barred A. Hovis from
associating with any transfer agent, and
imposed cease-and-desist orders as to all
Respondents.
Among the issues likely to be argued are
whether Respondents violated the provisions
charged, and, if so, whether and to what
extent sanctions should be imposed.
The subject matter of the Closed
Meeting scheduled for January 31, 2007
at 11 a.m. will be:
Post-argument discussion.
The subject matter of the Open
Meeting scheduled for January 31, 2007
at 2 p.m. will be:
1. The Commission will consider whether
to propose amendments to extend its
interactive data voluntary reporting program
to permit mutual funds to submit as exhibits
to their registration statements supplemental
tagged information contained in the risk/
return summary section of their
prospectuses. The risk/return summary
section contains key mutual fund
information, including investment objectives
and strategies, risks, and costs.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
3887
2. The Commission will consider whether
to propose rules to implement provisions of
the Credit Rating Agency Reform Act of 2006.
The subject matter of the Closed
Meeting scheduled for Thursday,
February 1, 2007 will be:
Formal orders of investigation;
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings of an
enforcement nature;
Resolution of litigation claims;
An adjudicatory matter; and
Other matters relating to enforcement
proceedings
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
Dated: January 24, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. 07–372 Filed 1–24–07; 3:57 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55136; File No. SR–FICC–
2006–17]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Order
Approving Proposed Rule Change
Relating to Clearing Fund Deficiency
Calls
January 19, 2007.
I. Introduction
October 16, 2006, the Fixed Income
Clearing Corporation (‘‘FICC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change pursuant to
Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 to adjust
the deadline for satisfying a clearing
fund deficiency call from 10:30 a.m. to
9:30 a.m. in the Schedule of Timeframes
in FICC’s Government Securities
Division (‘‘GSD’’) rulebook. The
proposed rule change was published for
comment in the Federal Register on
December 6, 2006.2 No comment letters
were received on the proposal. This
order approves the proposal.
1 15
U.S.C. 78s(b)(1).
Exchange Act Release No. 54819
(Nov. 27, 2006), 71 FR 70817.
2 Securities
E:\FR\FM\26JAN1.SGM
26JAN1
Agencies
[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Notices]
[Page 3887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-372]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and
Exchange Commission will hold the following meetings during the week of
January 29, 2007:
Open Meetings will be held on Wednesday, January 31, 2007 at 10
a.m. and 2 p.m. in the Auditorium, Room LL-002, and Closed Meetings
will be held on Wednesday, January 31, 2007 at 11 a.m. and Thursday,
February 1, 2007 at 2 p.m.
Commissioners, Counsels to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meetings.
Certain staff members who have an interest in the matters may also be
present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)
(3), (5), (7), 9(ii) and (10) permit consideration of the scheduled
matters at the Closed Meetings.
Commissioner Casey, as duty officer, voted to consider the items
listed for the closed meetings in closed session.
The subject matter of the Open Meeting scheduled for Wednesday,
January 31, 2007 at 10 a.m. will be:
The Commission will hear oral argument on an appeal by Phlo
Corporation, a beverage manufacturer and an issuer of publicly
traded securities that also acts as transfer agent for its own
securities, its president and chief executive officer James B. Hovis
(``J. Hovis''), and its executive vice president and secretary, Anne
P. Hovis (``A. Hovis''), who also served as Phlo's general counsel,
(together, ``Respondents'') from the decision of an administrative
law judge. The law judge found that Phlo willfully violated
provisions requiring transfer agents to turnaround at least ninety
percent of all routine items received in a month within three
business days and willfully failed to make records available for
examination by Commission staff. The law judge concluded that A.
Hovis willfully aided and abetted and was a cause of Phlo's failure
to complete transfers in a timely manner and failure to make records
available for examination.
The law judge further found that Phlo failed to make timely
filings of annual and quarterly reports with the Commission between
March 2003 and November 2005. The law judge found that J. Hovis
willfully aided and abetted and was a cause of Phlo's violations of
the periodic reporting requirements.
The law judge assessed civil money penalties of $100,000 against
Phlo, $25,000 against J. Hovis, and $50,000 against A. Hovis,
revoked Phlo's registration as a transfer agent, barred A. Hovis
from associating with any transfer agent, and imposed cease-and-
desist orders as to all Respondents.
Among the issues likely to be argued are whether Respondents
violated the provisions charged, and, if so, whether and to what
extent sanctions should be imposed.
The subject matter of the Closed Meeting scheduled for January 31,
2007 at 11 a.m. will be:
Post-argument discussion.
The subject matter of the Open Meeting scheduled for January 31,
2007 at 2 p.m. will be:
1. The Commission will consider whether to propose amendments to
extend its interactive data voluntary reporting program to permit
mutual funds to submit as exhibits to their registration statements
supplemental tagged information contained in the risk/return summary
section of their prospectuses. The risk/return summary section
contains key mutual fund information, including investment
objectives and strategies, risks, and costs.
2. The Commission will consider whether to propose rules to
implement provisions of the Credit Rating Agency Reform Act of 2006.
The subject matter of the Closed Meeting scheduled for Thursday,
February 1, 2007 will be:
Formal orders of investigation;
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings of an
enforcement nature;
Resolution of litigation claims;
An adjudicatory matter; and
Other matters relating to enforcement proceedings
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
The Office of the Secretary at (202) 551-5400.
Dated: January 24, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. 07-372 Filed 1-24-07; 3:57 pm]
BILLING CODE 8011-01-P