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Federal Register / Vol. 71, No.

237 / Monday, December 11, 2006 / Notices 71597

SECURITIES AND EXCHANGE availability of the materials. Other soliciting (‘‘Commission’’) an amendment to the
COMMISSION persons also would be permitted to follow Plan for Reporting of Consolidated
the Internet alternative. The Commission also Options Last Sale Reports and
Sunshine Act Meeting Notice will consider whether to propose mandating Quotation Information (‘‘OPRA Plan’’).3
Internet disclosure of proxy materials.
5. The Commission will consider whether
The proposed OPRA Plan amendment
Notice is hereby given, pursuant to
to propose a new antifraud rule under would provide that classes of Foreign
the provisions of the Government in the
Section 206 of the Investment Advisers Act Currency Options (‘‘FCO Securities’’ or
Sunshine Act, Pub. L. 94–409, that the
of 1940. The Commission will also consider ‘‘FCOs’’), newly introduced for trading
Securities and Exchange Commission
whether to propose a new rule under the in the securities markets maintained by
will hold the following meeting during Securities Act of 1933 to revise the criteria any of the parties to the OPRA Plan, will
the week of December 11, 2006: for natural persons to be considered be treated by OPRA under the provision
An Open Meeting will be held on ‘‘accredited investors’’ for purposes of ‘‘Special Temporary Provision for
Wednesday, December 13, 2006 at 10 investing in certain privately offered Newly Traded FCO Securities’’ during a
a.m. in Room L–002, the Auditorium. investment vehicles.
6. The Commission will consider whether
temporary period ending on December
The subject matters of the Open
to re-open the comment period on proposed 31, 2007. The Commission is publishing
Meeting scheduled for Wednesday,
Rule 0–1(a)(7) under the Investment this notice to solicit comments from
December 13, 2006, will be:
Company Act of 1940 to enhance the interested persons on the proposed
1. The Commission will consider whether independence and effectiveness of OPRA Plan amendment.
to propose, jointly with the Board of investment company directors, and in
Governors of the Federal Reserve System, connection therewith, to publish economic I. Description and Purpose of the
new rules under the Securities Exchange Act analyses of mutual fund governance and Amendment
of 1934 (‘‘Exchange Act’’) to implement the independence issues by the Office of
Gramm-Leach-Bliley Act bank exceptions to
Under the terms of the OPRA Plan,
Economic Analysis. subject to the exception described in
the definition of ‘‘broker.’’ The Commission
will also consider extending the temporary At times, changes in Commission Section VIII(c)(iii), FCOs traded on any
exemption of banks from the definition of priorities require alterations in the of the exchanges that are parties to the
‘‘broker.’’ In addition, the Commission will scheduling of meeting items. Plan are ordinarily assigned to a
consider whether to propose additional For further information and to separate ‘‘FCO service’’ rather than
related rules, including rules exempting ascertain what, if any, matters have been OPRA’s ‘‘basic service’’ to which equity
banks from the definition of ‘‘dealer’’ under added, deleted or postponed, please and index options are assigned. As a
the Exchange Act. contact: The Office of the Secretary at result, subject to the exception
2. The Commission will consider whether
to repropose a new rule that would enable a
(202) 551–5400. described below, separate fees and
foreign private issuer meeting specified Dated: December 6, 2006. charges are imposed for access to the
conditions to terminate permanently its Nancy M. Morris,
FCO service, and all revenues and
Exchange Act registration and reporting expenses pertaining to the FCO service
Secretary.
obligations under Section 12(g) regarding a are allocated to a separate ‘‘FCO
class of equity securities and its Section 15(d) [FR Doc. 06–9638 Filed 12–7–06; 10:48 am] Accounting Center’’ established under
reporting obligations regarding a class of BILLING CODE 8011–01–P Section VIII(c) of the OPRA Plan.
equity or debt securities. The Commission To date, FCOs have been traded only
will also consider whether to repropose a on the Phlx. In late 2005, at the request
rule amendment that would apply the SECURITIES AND EXCHANGE
exemption from Exchange Act registration
of the Phlx and with the Commission’s
COMMISSION
under Rule 12g3–2(b) to a class of equity approval, OPRA amended Section
securities immediately upon the effective [Release No. 34–54870; File No. SR–OPRA– VIII(c) of the ORPA Plan by adding a
date of the issuer’s termination of registration 2006–02] new subparagraph (iii) thereto, which
and reporting obligations under the provides that during a temporary period
reproposed new exit rule. Options Price Reporting Authority; ending on December 31, 2007, new
3. The Commission will consider whether Notice of Filing of Proposed classes of FCO Securities introduced for
to propose interpretive guidance to assist the Amendment to the Plan for Reporting trading on Phlx (such classes are
management of an Exchange Act reporting of Consolidated Options Last Sale defined as ‘‘New FCO Securities’’) will
company, other than an investment company Reports and Quotation Information To
registered under Section 8 of the Investment
be included in OPRA’s basic service and
Provide That Classes of Foreign not in its FCO service.4 The effect of the
Company Act of 1940, in planning and
Currency Options Newly Introduced for amendment is to treat New FCO
performing its annual evaluation of internal
control over financial reporting. The Trading by Any of the Parties to the
Commission will also consider whether to Plan Be Treated Under the Provision 3 The OPRA Plan is a national market system plan

propose amendments to Rules 13a–15 and ‘‘Special Temporary Provision for approved by the Commission pursuant to Section
15d–15 under the Exchange Act that would Newly Traded FCO Securities’’ During 11A of the Act and Rule 608 thereunder (formerly
Rule 11Aa3–2). See Securities Exchange Act
make it clear that a company choosing to a Temporary Period Ending on Release No. 17638 (March 18, 1981), 22 S.E.C.
perform an evaluation of internal control in December 31, 2007 Docket 484 (March 31, 1981). The full text of the
accordance with the interpretive guidance OPRA Plan is available at http://
would satisfy the annual evaluation required December 5, 2006. www.opradata.com.
by those rules. Pursuant to Section 11A of the The OPRA Plan provides for the collection and
4. The Commission will consider whether Securities Exchange Act of 1934 dissemination of last sale and quotation information
to adopt amendments to the proxy rules on options that are traded on the participant
(‘‘Act’’) 1 and Rule 608 thereunder,2 exchanges. The six participants to the OPRA Plan
under Section 14 of the Exchange Act. The
notice is hereby given that on November are the American Stock Exchange LLC, the Boston
mstockstill on PROD1PC61 with NOTICES

amendments would provide an alternative


for Internet-based disclosure. Companies 17, 2006, the Options Price Reporting Stock Exchange, Inc., the Chicago Board Options
Authority (‘‘OPRA’’) submitted to the Exchange, Inc., the International Securities
conducting proxy solicitations could satisfy Exchange, Inc. (‘‘ISE’’), the NYSE Arca, Inc., and the
the Rule 14a–3 requirement to furnish proxy Securities and Exchange Commission Philadelphia Stock Exchange, Inc. (‘‘Phlx’’).
materials by posting those proxy materials on 4 See Securities Exchange Act Release No. 52901
an Internet Web site and providing 1 15 U.S.C. 78k–1. (December 6, 2005), 70 FR 74061 (December 14,
shareholders with notice of the Internet 2 17 CFR 242.608. 2005).

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