Advanced Optics Electronics, Inc.; Order of Suspension of Trading, 12144 [2011-5038]
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12144
Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices
Filing Dates: The applications were
filed on December 9, 2010, and
amended on February 11, 2011.
Applicants’ Address: 9920 Corporate
Campus Drive, Suite 1000, Louisville,
Kentucky 40223.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–4861 Filed 3–3–11; 8:45 am]
BILLING CODE 8011–01–P
II. Description
SECURITIES AND EXCHANGE
COMMISSION
The proposed rule change allows
FICC to offer cross-margining of certain
positions cleared at its Government
Securities Division (‘‘GSD’’) and certain
positions cleared at New York Portfolio
Clearing, LLC (‘‘NYPC’’).5 GSD members
[File No. 500–1]
Advanced Optics Electronics, Inc.;
Order of Suspension of Trading
March 2, 2011.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Advanced
Optics Electronics, Inc. because it has
not filed any periodic reports since the
period ended March 31, 2007.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in Advanced Optics Electronics, Inc.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed company is
suspended for the period from 9:30 a.m.
EST on March 2, 2011, through 11:59
p.m. EDT on March 15, 2011.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011–5038 Filed 3–2–11; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
jlentini on DSKJ8SOYB1PROD with NOTICES
[Release No. 34–63986; File No. SR–FICC–
2010–09]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Order
Granting Approval of a Proposed Rule
Change To Introduce Cross-Margining
of Certain Positions Cleared at the
Fixed Income Clearing Corporation
and Certain Positions Cleared at New
York Portfolio Clearing, LLC
February 28, 2011.
I. Introduction
On November 12, 2010, Fixed Income
Clearing Corporation (‘‘FICC’’) filed with
the Securities and Exchange
VerDate Mar<15>2010
19:16 Mar 03, 2011
Jkt 223001
Commission (‘‘Commission’’) proposed
rule change SR–FICC–2010–09 pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Exchange Act’’
or ‘‘Act’’).1 Notice of the proposed rule
change was published in the Federal
Register on November 30, 2010.2 The
Commission initially received thirteen
comments to the proposed rule change.3
FICC, as well as one of the commenters,
submitted letters responding to the
comments.4 For the reasons discussed
below, the Commission is granting
approval of the proposed rule change.
1 15
U.S.C. 78s(b)(1).
Exchange Act Release No. 63361
(November 23, 2010), 75 FR 74110 (November 30,
2010) (FICC–2010–09). In its filing with the
Commission, FICC included statements concerning
the purpose of and basis for the proposed rule
change. The text of these statements are
incorporated into the discussion of the proposed
rule change in Section II below.
3 Letter from Jack DiMaio, Managing Director,
Morgan Stanley (December 2, 2010); Letter from
Douglas Engmann, President, Engmann Options,
Inc. (December 6, 2010); Letter from Ronald Filler,
Professor of Law and Director of the Center on
Financial Services Law, New York Law School
(December 8, 2010); Letter from John C. Hiatt, Chief
Administrative Officer, Ronin Capital (December
10, 2010); Letter from Richard D. Marshall, Ropes
& Gray on behalf of ELX Futures, LP (December 15,
2010); Letter from John Willian, Managing Director,
Goldman Sachs (December 17, 2010); Letter from
James B. Fuqua and David Kelly, Managing
Directors, Legal, UBS Securities, LLC (December 20,
2010); Letter from Donald J. Wilson, Jr., DRW
Trading Group (December 21, 2010); Letter from
John A. McCarthy, General Counsel, GETCO
(December 21, 2010); Letter from Gary DeWaal,
Senior Managing Director and Group General
Counsel, Newedge USA, LLC (December 21, 2010);
Letter from Adam C. Cooper, Senior Managing
Director and Chief Legal Officer, Citadel, LLC
(December 21, 2010); Letter from William H. Navin,
Executive Vice President and General Counsel, The
Options Clearing Corporation (December 21, 2010);
and Letter from Joan C. Conley, Senior Vice
President & Corporate Secretary, NASDAQ OMX
(December 21, 2010).
4 Letter from Douglas Landy, Allen & Overy on
behalf of the Fixed Income Clearing Corporation
(January 4, 2011); Letter from Michael Bodson,
Executive Managing Director, Fixed Income
Clearing Corporation and Walt Lukken, Chief
Executive Officer, New York Portfolio Clearing, LLC
(February 7, 2011); Letter from Michael Bodson,
Executive Managing Director, Fixed Income
Clearing Corporation and Walt Lukken, Chief
Executive Officer, New York Portfolio Clearing, LLC
(February 27, 2011); and Letter from Alex Kogan,
Vice President and Deputy General Counsel,
NASDAQ OMX (January 10, 2011).
5 NYPC is jointly owned by NYSE Euronext and
The Depository Trust & Clearing Corporation
(‘‘DTCC’’). DTCC is the parent company of FICC. On
January 31, 2011, the Commodity Futures Trading
Commission (‘‘CFTC’’) approved NYPC’s registration
as a derivatives clearing organization (‘‘DCO’’)
2 Securities
PO 00000
Frm 00132
Fmt 4703
Sfmt 4703
will be able to combine their positions
at GSD with their positions at NYPC, or
those positions of certain permitted
affiliates cleared at NYPC, within a
single margin portfolio (‘‘Margin
Portfolio’’). The proposed rule change
also makes certain other related changes
to GSD’s rules.
A. Cross-Margining With NYPC
Under the proposed rule, a member of
FICC that is also an NYPC clearing
member (‘‘Joint Clearing Member’’)
could in accordance with the provisions
of the GSD and NYPC Rules, elect to
participate in the cross-margining
arrangement. FICC’s rules permit a GSD
netting member that is a member (or
that has an affiliate that is a member) of
one or more Futures Clearing
Organizations (‘‘FCO’’),6 such as NYPC,
to become a cross-margining participant
in a cross-margining arrangement
between FICC and one or more FCOs
with the consent of FICC and each such
FCO. A netting member shall become a
cross-margining participant upon
acceptance of FICC and each applicable
FCO of an agreement executed by such
cross-margining participant in the form
specified in the applicable crossmargining agreement.7
Participating in the cross-margining
arrangement would permit a Joint
Clearing Member to have its margin
requirement calculated taking into
account both its positions at FICC and
NYPC, which should provide a clearer
picture of its risk exposure and
generally facilitate better risk
assessment by FICC. Specifically, each
Joint Clearing Member would have its
margin requirement with respect to
Eligible Positions (i.e., positions in
certain securities netted by FICC or
certain futures contracts cleared by an
FCO) 8 in its proprietary account at
pursuant to Section 5b of the Commodity Exchange
Act and Part 39 of the Regulations of the CFTC.
6 ‘‘FCO’’ is defined in GSD Rule 1 as a clearing
organization for a board of trade designated as a
contract market under Section 5 of the Commodity
Exchange Act that has entered into a CrossMargining Agreement with FICC.
7 See GSD Rule 43, Cross-Margining
Arrangements, Section 2. The cross-margining
agreement between FICC and NYPC as well as the
cross-margining participant agreements for joint
and permitted affiliates are attached to FICC’s filing
of proposed rule change SR–FICC–2010–09.
8 The term ‘‘Eligible Position’’ is currently defined
in GSD’s rules as a position in certain Eligible
Netting Securities netted by FICC, or certain
Government securities futures contracts or interest
rate futures contracts cleared by a FCO as identified
in a Cross-Margining Agreement as eligible for
cross-margining treatment.
‘‘Eligible Netting Security’’ is defined in GSD Rule
1 as an Eligible Security that FICC has designed as
eligible for netting.
‘‘Eligible Security’’ is defined generally in GSD
Rule 1 as a security issued or guaranteed by the
E:\FR\FM\04MRN1.SGM
04MRN1
Agencies
[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Page 12144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5038]
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SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
Advanced Optics Electronics, Inc.; Order of Suspension of Trading
March 2, 2011.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Advanced Optics Electronics, Inc. because it has not filed any periodic
reports since the period ended March 31, 2007.
The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in Advanced
Optics Electronics, Inc. Therefore, it is ordered, pursuant to Section
12(k) of the Securities Exchange Act of 1934, that trading in the
securities of the above-listed company is suspended for the period from
9:30 a.m. EST on March 2, 2011, through 11:59 p.m. EDT on March 15,
2011.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011-5038 Filed 3-2-11; 4:15 pm]
BILLING CODE 8011-01-P