Sunshine Act Meetings, 71203 [2012-28952]
Download as PDF
Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Notices
firms to raise capital,26 and conflict with
local laws.27 Several commenters also
requested that the conditional
temporary exemption be extended or
made permanent.28 The First Extension
Order again solicited public comment
on issues raised in connection with the
extra-territorial application of Rule 17g–
5(a)(3).29 One commenter requested that
the Order be made permanent, citing
many of the same reasons set forth in
prior comment letters.30 The Second
Extension Order again solicited public
comment on issues raised in connection
with the extra-territorial application of
Rule 17g–5(a)(3).31 Commenters
supported the exemption regarding the
extra-territorial application of the
Rule,32 with one of those commenters
again requesting that the Order be made
permanent.33
Given the continued concerns about
potential disruptions of local
securitization markets, and because the
Commission’s consideration of the
issues raised will benefit from
additional time to engage in further
dialogue with interested parties and to
monitor market and regulatory
developments, the Commission believes
extending the conditional temporary
exemption until December 2, 2013 is
necessary or appropriate in the public
interest, and is consistent with the
protection of investors.
26 See
AFME Letter; JCR Letter; AuSF Letter.
Japan FSA Letter; AFME Letter; JCR Letter;
AuSF Letter; IIAC Letter. With respect to local laws,
we note that the European Commission in recent
months has issued a relevant proposal for
amendments to the European Union Regulation on
Credit Ratings. See ‘‘Regulation of the European
Parliament and of the Counsel on amending
Regulation (EC) No 1060/2009 on credit rating
agencies’’ (available at https://ec.europa.eu/
internal_market/securities/docs/agencies/
100602_proposal_en.pdf).
28 See Japan FSA Letter; SFJ Letter; AFME Letter;
JCR Letter.
29 See Letter from Tom Deutsch, Executive
Director, American Securitization Forum, and Chris
Dalton, Chief Executive Officer, Australian
Securitization Forum, to Randall Roy, Assistant
Director, and Joseph Levinson, Special Counsel,
Division, Commission, dated Aug. 9, 2011 (‘‘ASF/
AuSF Letter 1’’); Letter from Jack Rando, Director,
Capital Markets, Investment Industry Association of
Canada, to Randall Roy, Assistant Director,
Division, Commission, dated Nov. 2, 2011 (‘‘IIAC
Letter 2’’).
30 See ASF/AuSF Letter 1.
31 Letter from Chris Barnard to the Commission,
dated Nov. 23, 2011 (‘‘Barnard Letter’’); Letter from
Tom Deutsch, Executive Director, American
Securitization Forum and Chris Dalton, Chief
Executive Officer, Australian Securitisation Forum,
to Thomas Butler, Director, Office of Credit Ratings,
Randall Roy, Associate Director, and Joseph
Levinson, Special Counsel, Division, dated Aug. 28,
2012 (‘‘ASF/AuSF Letter 2’’).
32 See Barnard Letter; ASF/AuSF Letter 2.
33 See ASF/AuSF Letter 2.
pmangrum on DSK3VPTVN1PROD with NOTICES
27 See
VerDate Mar<15>2010
15:12 Nov 28, 2012
Jkt 229001
IV. Request for Comment
The Commission believes that it
would be useful to continue to provide
interested parties opportunity to
comment. Comments may be submitted
by any of the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/exorders.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number S7–04–09 on the subject line;
or
• Use the Federal eRulemaking Portal
(https://www.regulations.gov). Follow the
instructions for submitting comments.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F St. NE., Washington, DC 20549–
1090.
All submissions should refer to File
Number S7–04–09. This file number
should be included on the subject line
if email is used. To help us 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/
exorders.shtml). Comments are also
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F St. NE.,
Washington, DC 20549 on official
business days between the hours of 10
a.m. and 3 p.m. 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.
V. Conclusion
For the foregoing reasons, the
Commission believes it would be
necessary or appropriate in the public
interest and consistent with the
protection of investors to extend the
conditional temporary exemption
exempting NRSROs from complying
with Rule 17g–5(a)(3) with respect to
rating covered transactions until
December 2, 2013.
Accordingly,
It is hereby ordered, pursuant to
Section 36 of the Exchange Act, that a
nationally recognized statistical rating
organization is exempt until December
2, 2013 from the requirements in Rule
17g–5(a)(3) (17 CFR 240.17g–5(a)(3)) for
credit ratings where:
(1) The issuer of the security or
money market instrument is not a U.S.
PO 00000
Frm 00037
Fmt 4703
Sfmt 9990
71203
person (as defined under Securities Act
Rule 902(k)); and
(2) The nationally recognized
statistical rating organization has a
reasonable basis to conclude that the
structured finance product will be
offered and sold upon issuance, and that
any arranger linked to the structured
finance product will effect transactions
of the structured finance product after
issuance, only in transactions that occur
outside the U.S.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–28900 Filed 11–28–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Monday, December 3, 2012 at 2:00
p.m.
Commissioners, Counsels to the
Commissioners, the Secretary to the
Commission, and certain staff members
who have an interest in the matter will
attend the Closed Meeting.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions as set forth in
5 U.S.C. 552b(c)(2) and (6) and 17 CFR
200.402(a)(2) and (6), permit
consideration of the scheduled matter at
the Closed Meeting.
Commissioner Gallagher, as duty
officer, voted to consider the item listed
for the closed meeting in closed session.
The subject matter of the Closed
Meeting will be a personnel-related
matter.
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: November 26, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–28952 Filed 11–27–12; 11:15 am]
BILLING CODE 8011–01–P
E:\FR\FM\29NON1.SGM
29NON1
Agencies
[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Notices]
[Page 71203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28952]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Monday, December
3, 2012 at 2:00 p.m.
Commissioners, Counsels to the Commissioners, the Secretary to the
Commission, and certain staff members who have an interest in the
matter will attend the Closed Meeting.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions as set
forth in 5 U.S.C. 552b(c)(2) and (6) and 17 CFR 200.402(a)(2) and (6),
permit consideration of the scheduled matter at the Closed Meeting.
Commissioner Gallagher, as duty officer, voted to consider the item
listed for the closed meeting in closed session.
The subject matter of the Closed Meeting will be a personnel-
related matter.
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: November 26, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-28952 Filed 11-27-12; 11:15 am]
BILLING CODE 8011-01-P