Puda Coal, Inc.; Order of Suspension of Trading, 53164-53165 [2011-21777]
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53164
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Notices
SVF must be managed according to the
immunization guidelines, which
typically require the liquidation of all
securities rated below AAA and in
certain cases may require the portfolio
to be invested 100% in Treasury
securities. What risks, if any, do
‘‘immunization’’ provisions in SVCs
pose to investors in SVFs? If
immunization provisions in SVCs pose
risks to investors in SVFs, are these
risks clearly disclosed to investors? Are
these risks required to be disclosed to
investors? What are the sources of such
requirements? How do SVF managers or
SVC providers address the risk that
immunization will be exercised? How
effective are any such measures?
14. The Commissions’ staffs
understand that some SVCs grant SVC
providers the right to limit coverage of
employer-driven events or employee
benefit plan changes. Such events or
changes could cause a decrease in a
SVF’s value and result in large scale
investor withdrawals or redemptions
(sometimes called a ‘‘run on the fund’’).
How do SVC providers and SVF
managers manage this risk, if at all?
How effective are any such measures?
15. The Commissions’ staffs
understand that SVF managers infuse
capital into their funds in certain
instances. Please describe the
circumstances under which an SVF
fund manager would provide such
capital support for its fund.
16. The Commissions’ staffs
understand that ‘‘pull to par’’ provisions
of SVCs provide that SVCs will not
terminate (absent the application of
another contract termination provision)
until the gap between the market value
of the wrapped assets and the SVC book
value is closed, however long that takes.
The Commissions’ staffs also
understand that pull to par provisions
are standard for SVCs. Are these
understandings correct? Please describe
pull to par provisions and how
prevalent such provisions are in SVCs.
17. How have SVFs and SVCs been
affected by the recent financial crisis?
How many SVC providers are in the
market today? Is the number of SVC
providers higher or lower than prior to
the financial crisis that began in 2008?
Are fees now higher or lower than prior
to the financial crisis?
18. Do investors have incentives to
make a run on a SVF when its marketto-book ratio is substantially below one?
What protections, if any, do SVCs
provide to protect fund investors who
do not redeem their fund shares amid a
run on the fund? How effective are any
such protections?
19. How do market risk measures
assess the risk of a run on a SVF? To the
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extent that SVC providers use value-atrisk (‘‘VaR’’) models, do such VaR
models adequately assess the risk of loss
resulting from such events or other
possible but extremely unlikely events?
Do other loss models more adequately
assess the risk of loss, such as the
expected value of a loss or the expected
value given a loss, which employs the
entire loss probability distribution
without excluding events in the extreme
tail of the loss distribution?
20. Are certain SVC providers more
likely, as a result of credit cyclicality, to
become financially distressed? If so, is
such financial distress likely to occur
concurrently with financial distress of
SVFs? If so, can the risk of such
concurrent financial distress be
mitigated? How effective are any such
measures?
21. Do SVC providers pose systemic
risk concerns? Are there concerns with
entities that may be systemically
important institutions providing SVCs?
What are the consequences for SVFs,
employee benefit/retirement plans, and
the financial system should an SVC
provider fail?
22. Are there issues specific to
financial institutions providing SVCs,
including institutions that are
systemically significant, that the
Commissions should consider in
connection with the SVC study? If so,
please describe.
Regulatory Issues
23. What disclosures to benefit plan
investors in SVFs currently are required,
and what are the sources of such
requirements? What additional
disclosure typically is provided, either
voluntarily or on request? What
additional disclosure, if any, would be
warranted and why would it be
warranted? Please explain in detail.
24. What financial and regulatory
protections currently exist that are
designed to ensure that SVC providers
can meet their obligations to investors,
and what are the sources of such
protections? Does the level of protection
vary depending on the SVC provider?
How effective are any such measures?
25. Currently, do entities other than
state-regulated insurance companies
and federally- or state-regulated banks
provide SVCs? If so, what kinds of
entities do so and how are they
regulated? If not, are there any barriers
to the provision of SVCs by entities
other than state-regulated insurance
companies and federally- or stateregulated banks?
26. What role do SVF managers play
in protecting the interests of plan
participants with respect to SVFs? How
effective are any such measures?
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Compliance Issues if the Commissions
Were To Determine SVCs Were Swaps
27. If the Commissions were to
determine that SVCs fall within the
definition of a swap and should not be
exempted from such definition, should
the regulatory regime for SVCs be
limited or tailored in any way? If so,
how? Please explain in detail. Should
any of the requirements for capital and
margin for SVCs differ from those for
swaps that are not SVCs? Why or why
not? If the requirements for capital and
margin should differ, please explain in
detail what those differences should be.
28. If the Commissions were to
determine that SVCs fall within the
definition of a swap and should not be
exempted from such definition, would
the requirements of any regulatory
regime for swaps impact fee structures
or fees charged by SVC providers?
Please describe (quantitatively, if
possible) the relationship of any new
federal regulation under the Dodd-Frank
Act to possible changes in fee structures
or fees, to the extent feasible, and state
any assumptions used in quantifying
such relationship.
29. If the Commissions were to
determine that SVCs fall within the
definition of a swap and should not be
exempted from such definition, would
this decision influence the availability
of SVFs to investors? Would this
designation affect existing SVFs and the
ability of SVFs to purchase SVCs? If so,
how and why?
Dated: August 18, 2011.
By the Commodity Futures Trading
Commission.
David A. Stawick,
Secretary.
Dated: August 18, 2011.
By the Securities and Exchange
Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–21645 Filed 8–24–11; 8:45 am]
BILLING CODE P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
Puda Coal, Inc.; Order of Suspension
of Trading
August 19, 2011.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Puda Coal,
Inc. (‘‘Puda’’) because (1) Puda’s
auditors resigned on July 7, 2011 and
stated that further reliance should no
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25AUN1
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Notices
longer be placed on its previously
issued audit reports dated March 31,
2010 and March 16, 2011; and (2) the
Audit Committee of Puda’s Board of
Directors has announced that it has
preliminarily concluded that evidence
supports the allegation that there were
transfers by Puda’s Chairman in
subsidiary ownership that were
inconsistent with disclosure made by
the Company in its public securities
filings. Puda is quoted on the OTC Pink
Market operated by the OTC Markets
Group Inc. under the symbol PUDA.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the company listed
above.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the companies listed above
is suspended for the period from 5:30
p.m. EDT, August 19, 2011, through
11:59 p.m. EDT, on September 1, 2011.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–21777 Filed 8–22–11; 4:15 pm]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice: 7565]
srobinson on DSK4SPTVN1PROD with NOTICES
Certification Related to Aerial
Eradication in Colombia
Pursuant to the authority vested in the
Secretary of State, including under the
International Narcotics Control and Law
Enforcement section of the Department
of State Foreign Operations and Related
Programs Appropriations Act, 2010,
(Division F, Pub. L. 111–117), as carried
forward by The Department of Defense
and Full-Year Continuing
Appropriations Act, 2011 (Div. B, Title
XI, Pub. L. 112–10), I hereby determine
and certify that: (1) The herbicide used
for aerial eradication of illicit crops in
Colombia is being used in accordance
with EPA label requirements for
comparable use in the United States and
in accordance with Colombian laws; (2)
the herbicide, in the manner it is being
used, does not pose unreasonable risks
or adverse effects to humans or the
environment including endemic
species; and (3) complaints of harm to
health or licit crops caused by such
aerial eradication are thoroughly
evaluated and fair compensation is
being paid in a timely manner for
meritorious claims.
This certification shall be published
in the Federal Register, and copies shall
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16:39 Aug 24, 2011
Jkt 223001
be transmitted to the appropriate
committees of Congress.
Dated: August 11, 2011.
Hillary Rodham Clinton,
Secretary of State.
[FR Doc. 2011–21748 Filed 8–24–11; 8:45 am]
BILLING CODE 4710–17–P
DEPARTMENT OF STATE
[Public Notice 7457]
Advisory Committee on International
Economic Policy; Notice of Open
Meeting
The Advisory Committee on
International Economic Policy (ACIEP)
will meet from 2 p.m. to 4 p.m. on
Tuesday, September 13, 2011, in room
1107 of the Harry S. Truman Building
at the U.S. Department of State, 2201 C
Street, NW., Washington, DC. The
meeting will be hosted by the Assistant
Secretary of State for Economic, Energy,
and Business Affairs Jose W. Fernandez
and Committee Chair Ted Kassinger.
The ACIEP serves the U.S. Government
in a solely advisory capacity, and
provides advice concerning issues and
challenges in international economic
policy. The meeting will focus on U.S.Brazil Relations: Key Opportunities for
Cooperation with an Emerging Power.
Subcommittee reports and discussions
will be led by the Investment
Subcommittee, the Economic Sanctions
Subcommittee, and the Subcommittee
on Women in International Economic
Policy.
This meeting is open to public
participation, though seating is limited.
Entry to the building is controlled; to
obtain pre-clearance for entry, members
of the public planning to attend should
provide, by Friday, September 9 their
name, professional affiliation, valid
government-issued ID number (i.e., U.S.
Government ID [agency], U.S. military
ID [branch], passport [country], or
driver’s license [state]), date of birth,
and citizenship to Sherry Booth by fax
(202) 647–5936, e-mail
(Boothsl@state.gov), or telephone (202)
647–0847.
One of the following forms of valid
photo identification will be required for
admission to the State Department
building: U.S. driver’s license, U.S.
Government identification card, or any
valid passport. Enter the Department of
State from the entrance on 23rd Street.
In view of escorting requirements, nonGovernment attendees should plan to
arrive 15 minutes before the meeting
begins. Requests for reasonable
accommodation should be made to
Sherry Booth prior to Monday,
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53165
September 7th. Requests made after that
date will be considered, but might not
be possible to fulfill.
Personal data is requested pursuant to
Public Law 99–399 (Omnibus
Diplomatic Security and Antiterrorism
Act of 1986), as amended; Public Law
107–56 (USA PATRIOT Act); and
Executive Order 13356. The purpose of
the collection is to validate the identity
of individuals who enter Department
facilities. The data will be entered into
the Visitor Access Control System
(VACS–D) database. Please see the
Privacy Impact Assessment for VACS–D
at https://www.state.gov/documents/
organization/100305.pdf for additional
information.
For additional information, contact
Deputy Outreach Coordinator Tiffany
Enoch, Office of Economic Policy
Analysis and Public Diplomacy, Bureau
of Economic, Energy and Business
Affairs, at (202) 647–2231 or
EnochT@state.gov.
Dated: August 19, 2011.
Maryruth Coleman,
Office Director, Office of Economic Policy
Analysis and Public Diplomacy, U.S.
Department of State.
[FR Doc. 2011–21749 Filed 8–24–11; 8:45 am]
BILLING CODE 4710–07–P
DEPARTMENT OF STATE
[Public Notice: 7549]
Advisory Committee on Historical
Diplomatic Documentation; Notice of
Meeting
The Advisory Committee on
Historical Diplomatic Documentation
will meet on September 12 and
September 13 at the Department of
State, 2201 ‘‘C’’ Street, NW.,
Washington, DC. Prior notification and
a valid government-issued photo ID
(such as driver’s license, passport, U.S.
government or military ID) are required
for entrance into the building. Members
of the public planning to attend must
notify Nick Sheldon, Office of the
Historian (202–663–1123) no later than
September 8, 2011 to provide date of
birth, valid government-issued photo
identification number and type (such as
driver’s license number/state, passport
number/country, or U.S. government ID
number/agency or military ID number/
branch), and relevant telephone
numbers. If you cannot provide one of
the specified forms of ID, please consult
with Nick Sheldon for acceptable
alternative forms of picture
identification. In addition, any requests
for reasonable accommodation should
be made no later than September 6,
SUMMARY:
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Agencies
[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Notices]
[Pages 53164-53165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21777]
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SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
Puda Coal, Inc.; Order of Suspension of Trading
August 19, 2011.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Puda Coal, Inc. (``Puda'') because (1) Puda's auditors resigned on July
7, 2011 and stated that further reliance should no
[[Page 53165]]
longer be placed on its previously issued audit reports dated March 31,
2010 and March 16, 2011; and (2) the Audit Committee of Puda's Board of
Directors has announced that it has preliminarily concluded that
evidence supports the allegation that there were transfers by Puda's
Chairman in subsidiary ownership that were inconsistent with disclosure
made by the Company in its public securities filings. Puda is quoted on
the OTC Pink Market operated by the OTC Markets Group Inc. under the
symbol PUDA.
The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the company listed above.
Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
companies listed above is suspended for the period from 5:30 p.m. EDT,
August 19, 2011, through 11:59 p.m. EDT, on September 1, 2011.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-21777 Filed 8-22-11; 4:15 pm]
BILLING CODE 8011-01-P