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35270 Federal Register / Vol. 72, No.

123 / Wednesday, June 27, 2007 / Notices

Formal orders of investigations; On May 24, 1988, pursuant to as a clearing agency in order that FICC
Institution and settlement of Sections 17A(b) and 19(a) of the Act 6 may continue to operate as a registered
injunctive actions; and Rule 17Ab2–1 promulgated clearing agency and to provide its users
Institution and settlement of thereunder,7 the Commission granted clearing and settlement services. The
administrative proceedings of an the Government Securities Clearing Commission will consider permanent
enforcement nature; Corporation (‘‘GSCC’’) registration as a registration of FICC at a future date after
Resolution of litigation claims; clearing agency on a temporary basis for the Commission has further evaluated
Adjudicatory matters; and a period of three years.8 The FICC’s plans to have its MBS Division
Other matters related to enforcement Commission subsequently extended act as a CCP and after the Commission
proceedings. GSCC’s registration through June 30, and FICC have had time to evaluate how
At times, changes in Commission 2003.9 FICC is functioning with its MBS
priorities require alterations in the On January 1, 2003, MBSCC was Division acting as a CCP, assuming the
scheduling of meeting items. merged into GSCC, and GSCC was MBS Division CCP service is
For further information and to renamed FICC.10 The Commission implemented.
ascertain what, if any, matters have been subsequently extended FICC’s Interested persons are invited to
added, deleted or postponed, please temporary rgistration through June 30, submit written data, views, and
contact: 2007.11 arguments concerning the foregoing,
The Office of the Secretary at (202) On May 17, 2007, FICC requested that including whether the proposed rule
551–5400. the Commission grant FICC permanent change is consistent with the Act.
registration as a clearing agency or in Comments may be submitted by any of
Dated: June 21, 2007. the alternative extend FICC’s temporary the following methods:
Nancy M. Morris, registration until such time as the
Secretary. Commission is prepared to grant FICC Electronic Comments
[FR Doc. E7–12341 Filed 6–26–07; 8:45 am] permanent registration.12 • Use the Commission’s Internet
BILLING CODE 8010–01–P Recently FICC announced its comment form (http://www.sec.gov/
intention to have its Mortgage-Backed rules/sro.shtml); or
Services Division (‘‘MBS Division’’) act • Send an e-mail to rule-
SECURITIES AND EXCHANGE as a central counterparty (‘‘CCP’’). comments@sec.gov. Please include File
COMMISSION Pursuant to this service, FICC would act Number 600–23 on the subject line.
as the CCP for MBS Division members
[Release 34–55920; File No. 600–23] Paper Comments
and would become the new legal
counterparty to all original parties for • Send paper comments in triplicate
Self-Regulatory Organizations; Fixed
eligible mortgage-backed securities to Nancy M. Morris, Secretary,
Income Clearing Corporation; Notice of
transactions. Currently, FICC through its Securities and Exchange Commission,
Filing and Order Approving an
Government Securities Division acts as 100 F Street, NE., Washington, DC
Extension of Temporary Registration
the CCP for its members’ U.S. 20549–1090.
as a Clearing Agency All submissions should refer to File
Government securities transactions.
June 18, 2007. Therefore, the Commission is Number 600–23. This file number
The Securities and Exchange extending FICC’s temporary registration should be included on the subject line
Commission (‘‘Commission’’) is if e-mail is used. To help the
publishing this notice and order to 1996), 61 FR 35281; 38784 (June 27, 1997), 62 FR Commission process and review your
36587; 39776 (March 20, 1998), 63 FR 14740; 41211 comments more efficiently, please use
solicit comments from interested (March 24, 1999), 64 FR 15854; 42568 (March 23,
persons and to extend the Fixed Income 2000), 65 FR 16980; 44089 (March 21, 2001), 66 FR only one method. The Commission will
Clearing Corporation’s (‘‘FICC’’) 16961; 44831 (September 21, 2001), 66 FR 49728; post all comments on the Commission’s
temporary registration as a clearing 45607 (March 20, 2002), 67 FR 14755; 46136 (June Internet Web site (http://www.sec.gov/
27, 2002), 67 FR 44655. rules/sro.shtml). Copies of the
agency through June 30, 2008.1 6 Supra note 2.

On February 2, 1987, pursuant to 7 Supra note 3.


submission, all subsequent
Sections 17A(b) and 19(a) of the Act 2 8 Securities Exchange Act Release No. 25740 (May amendments, all written statements
and Rule 17Ab2–1 promulgated 24, 1988), 53 FR 19639. with respect to the proposed rule
thereunder,3 the Commission granted
9 Securities Exchange Act Release Nos. 25740 change that are filed with the
(May 24, 1988), 53 FR 19639; 29236 (May 24, 1991), Commission, and all written
the MBS Clearing Corporation 56 FR 24852; 32385 (June 3, 1993), 58 FR 32405;
(‘‘MBSCC’’) registration as a clearing 35787 (May 31, 1995), 60 FR 30324; 36508 communications relating to the
agency on a temporary basis for a period (November 27, 1995), 60 FR 61719; 37983 proposed rule change between the
of eighteen months.4 The Commission (November 25, 1996), 61 FR 64183; 38698 (May 30, Commission and any person, other than
1997), 62 FR 30911; 39696 (February 24, 1998), 63 those that may be withheld from the
subsequently extended MBSCC’s FR 10253; 41104 (February 24, 1999), 64 FR 10510;
registration through June 30, 2003.5 41805 (August 27, 1999), 64 FR 48682; 42335 public in accordance with the
(January 12, 2000), 65 FR 3509; 43089 (July 28, provisions of 5 U.S.C. 552, will be
1 FICC is the successor to MBS Clearing
2000), 65 FR 48032; 43900 (January 29, 2001), 66 available for inspection and copying in
FR 8988; 44553 (July 13, 2001), 66 FR 37714; 45164
Corporation and Government Securities Clearing (December 18, 2001), 66 FR 66957; 46135 (June 27, the Commission’s Public Reference
Corporation. 2002), 67 FR 44655. Section, 100 F Street, NE., Washington,
2 15 U.S.C. 78q–1(b) and 78s(a).
3 17 CFR 240.17Ab2–1.
10 Securities Exchange Act Release No. 47015 DC 20549. Copies of such filing also will
(December 17, 2002), 67 FR 78531 (December 24, be available for inspection and copying
4 Securities Exchange Act Release No. 24046
2002) [File Nos. SR–GSCC–2002–07 and SR–
(February 2, 1987), 52 FR 4218. MBSCC–2002–01]. at the principal office of FICC and on
5 Securities Exchange Act Release Nos. 25957 11 Securities Exchange Act Release Nos. 48116 FICC’s Web site at http://www.ficc.com.
jlentini on PROD1PC65 with NOTICES

(August 2, 1988), 53 FR 29537; 27079 (July 31, (July 1, 2003), 68 FR 41031; 49940 (June 29, 2004), All comments received will be posted
1989), 54 FR 34212; 28492 (September 28, 1990), 55 69 FR 40695; 51911 (June 23, 2005), 70 FR 37878; without change; the Commission does
FR 41148; 29751 (September 27, 1991), 56 FR and 54056 (June 28, 2006), 71 FR 38193.
50602; 31750 (January 21, 1993), 58 FR 6424; 33348 12 Letter from Nikki Poulos, Managing Director,
not edit personal identifying
(December 15, 1993), 58 FR 68183; 35132 General Counsel, and Chief Privacy Officer, FICC information from submissions. You
(December 21, 1994), 59 FR 67743; 37372 (June 26, (May 16, 2007). should submit only information that

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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Notices 35271

you wish to make available publicly. All proposes to amend Rule 353 to require IV. Conclusion
submissions should refer to File member applicants to provide two, as It is therefore ordered, pursuant to
Number 600–23 and should be opposed to five, letters of reference from Section 19(b)(2) of the Act,8 that the
submitted on or before July 18, 2007. responsible persons.5 According to the proposed rule change (SR–Amex–2007–
It is therefore ordered that FICC’s Exchange, requiring five letters of 42), be, and hereby is, approved.
temporary registration as a clearing reference has proven burdensome and
agency (File No. 600–23) be and hereby For the Commission, by the Division of
time-consuming for member applicants Market Regulation, pursuant to delegated
is extended throughJune 30, 2008. and often delays the application authority.9
For the Commission by the Division of process. Furthermore, Amex states that Florence E. Harmon,
Market Regulation, pursuant to delegated the content of such references is of little
authority.13 Deputy Secretary.
consequence in an applicant’s ultimate [FR Doc. E7–12340 Filed 6–26–07; 8:45 am]
Florence E. Harmon,
approval. Finally, with the availability BILLING CODE 8010–01–P
Deputy Secretary.
of more objective background
[FR Doc. E7–12331 Filed 6–26–07; 8:45 am] information provided through other
BILLING CODE 8010–01–P
resources, such as WEBCRD, FBI SECURITIES AND EXCHANGE
fingerprints, and credit reports, Amex COMMISSION
SECURITIES AND EXCHANGE believes that the need for these letters of
[Release No. 34–55925; File No. SR–Amex–
COMMISSION reference has largely been diminished. 2007–44]
[Release No. 34–55923; File No. SR–Amex– III. Discussion and Commission
Self-Regulatory Organizations;
2007–42] Findings
American Stock Exchange LLC; Notice
Self-Regulatory Organizations; The Commission has carefully of Filing and Order Granting
American Stock Exchange LLC; Order reviewed the proposed rule change and Accelerated Approval of Proposed
Granting Approval of Proposed Rule finds that it is consistent with the Rule Change, as Modified by
Change as Modified by Amendment requirements of the Act and the rules Amendment Nos. 1 and 2 Thereto, to
No. 1 To Lower the Required Number and regulations thereunder applicable to Amend Section 107D of the Company
of Letters of Reference an Applicant a national securities exchange.6 In Guide
Must Provide particular, the Commission finds that June 20, 2007.
June 19, 2007. the proposed rule change is consistent Pursuant to Section 19(b)(1) of the
with Section 6(b)(5) of the Act,7 which, Securities Exchange Act of 1934
I. Introduction among other things, requires that the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
On April 26, 2007, the American rules of a national securities exchange notice is hereby given that on May 1,
Stock Exchange LLC (‘‘Amex’’ or be designed to promote just and 2007, the American Stock Exchange LLC
‘‘Exchange’’) filed with the Securities equitable principles of trade, to foster (‘‘Exchange’’ or ‘‘Amex’’) filed with the
and Exchange Commission cooperation and coordination with Securities and Exchange Commission
(‘‘Commission’’) pursuant to Section persons engaged in regulating (‘‘Commission’’) the proposed rule
19(b)(1) of the Securities Exchange Act transactions in securities, to remove change as described in Items I and II
of 1934 (‘‘Act’’) 1 and Rule 19b–4 impediments to and perfect the below, which Items have been
thereunder,2 a proposed rule change to mechanism of a free and open market substantially prepared by the Exchange.
amend the required number of letters of and a national market system and, in On May 21, 2007, the Exchange filed
reference an applicant must provide. On general, to protect investors and the Amendment No. 1 to the proposed rule
May 3, 2007, Amex submitted change. On June 14, 2007, the Exchange
public interest.
Amendment No. 1 to the proposed rule filed Amendment No. 2 to the proposed
change. The proposed rule change was The Commission believes that rule change. This order provides notice
published for comment in the Federal amending Amex’s rules to require two, of the proposed rule change and
Register on May 18, 2007.3 The instead of five, letters of reference is approves the proposed rule change, as
Commission received no comments on reasonable and consistent with the Act. amended, on an accelerated basis.
the proposal. This order approves the This amendment should help expedite
proposed rule change, as amended. the application process without I. Self-Regulatory Organization’s
significantly diminishing Amex’s Statement of the Terms of Substance of
II. Description of the Proposal the Proposed Rule Change
standards of review with respect to the
Amex Rule 353 currently requires a applicants. Applicants will still need to The Exchange proposes to amend
member applicant to provide five letters provide two references, and as Amex Section 107D(g) of the Amex Company
of reference from any person seeking Guide to expand the eligibility of
noted, there is now more objective
status as a regular, options principal foreign securities and American
background information available
member or LTP holder.4 The Exchange Depository Receipts (‘‘ADRs’’) that may
through other sources.
be components of an underlying index
13 17 CFR 200.30–3(a)(16).
1 15 5 The Exchange represented that it intends to
in connection with index-linked
U.S.C. 78s(b)(l).
2 17 CFR 240.19b–4. reduce the requirement for associate membership securities (‘‘Index-Linked Securities’’).3
3 See Securities Exchange Act Release No. 55756 applicants from five to two letters of reference to
correspond with the proposed change affecting 8 15 U.S.C. 78s(b)(2).
(May 14, 2007), 72 FR 28089.
4 Article IV, Section 1(d) of the Amex regular, options principal members and LTP 9 17 CFR 200.30–3(a)(12).
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Constitution provides that applications for associate holders. 1 15 U.S.C. 78s(b)(1).


6 In approving this proposed rule change, the 2 17 CFR 240.19b–4.
membership shall be in a form and manner
prescribed by the Exchange. Pursuant to this Commission has considered the proposed rule’s 3 See Section 107D of the Amex Company Guide

section, the Exchange currently requires associate impact on efficiency, competition, and capital (defining Index-Linked Securities as securities that
member applicants to provide five letters of formation. See 15 U.S.C. 78c(f). provide for the payment at maturity of a cash
reference. 7 15 U.S.C. 78f(b)(5). Continued

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