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Federal Register / Vol. 72, No.

17 / Friday, January 26, 2007 / Notices 3887

Commission process and review your certified that, in his opinion, one or 2. The Commission will consider whether
comments more efficiently, please use more of the exemptions set forth in 5 to propose rules to implement provisions of
only one method. The Commission will U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) the Credit Rating Agency Reform Act of 2006.
post all comments on the Commission’s and 17 CFR 200.402(a) (3), (5), (7), 9(ii) The subject matter of the Closed
Internet Web site (http://www.sec.gov/ and (10) permit consideration of the Meeting scheduled for Thursday,
rules/sro.shtml). Copies of the scheduled matters at the Closed February 1, 2007 will be:
submission, all subsequent Meetings. Formal orders of investigation;
amendments, all written statements Commissioner Casey, as duty officer, Institution and settlement of injunctive
with respect to the proposed rule voted to consider the items listed for the actions;
change that are filed with the closed meetings in closed session. Institution and settlement of
Commission, and all written The subject matter of the Open
administrative proceedings of an
communications relating to the Meeting scheduled for Wednesday,
enforcement nature;
proposed rule change between the January 31, 2007 at 10 a.m. will be:
Resolution of litigation claims;
Commission and any person, other than The Commission will hear oral argument An adjudicatory matter; and
those that may be withheld from the on an appeal by Phlo Corporation, a beverage Other matters relating to enforcement
public in accordance with the manufacturer and an issuer of publicly
proceedings
provisions of 5 U.S.C. 552, will be traded securities that also acts as transfer
agent for its own securities, its president and At times, changes in Commission
available for inspection and copying in
chief executive officer James B. Hovis (‘‘J. priorities require alterations in the
the Commission’s Public Reference Hovis’’), and its executive vice president and scheduling of meeting items.
Room. Copies of such filing also will be secretary, Anne P. Hovis (‘‘A. Hovis’’), who For further information and to
available for inspection and copying at also served as Phlo’s general counsel, ascertain what, if any, matters have been
the principal office of each of the SROs. (together, ‘‘Respondents’’) from the decision
of an administrative law judge. The law judge
added, deleted or postponed, please
All comments received will be posted
found that Phlo willfully violated provisions contact:
without change; the Commission does
requiring transfer agents to turnaround at The Office of the Secretary at (202)
not edit personal identifying
least ninety percent of all routine items 551–5400.
information from submissions. You received in a month within three business
should submit only information that Dated: January 24, 2007.
days and willfully failed to make records
you wish to make available publicly. All available for examination by Commission Nancy M. Morris,
submissions should refer to File staff. The law judge concluded that A. Hovis Secretary.
Number S7–966 and should be willfully aided and abetted and was a cause [FR Doc. 07–372 Filed 1–24–07; 3:57 pm]
submitted on or before February 16, of Phlo’s failure to complete transfers in a BILLING CODE 8011–01–P
2007. timely manner and failure to make records
available for examination.
For the Commission, by the Division of The law judge further found that Phlo
Market Regulation, pursuant to delegated failed to make timely filings of annual and SECURITIES AND EXCHANGE
authority.15 quarterly reports with the Commission COMMISSION
Florence E. Harmon, between March 2003 and November 2005.
Deputy Secretary. The law judge found that J. Hovis willfully [Release No. 34–55136; File No. SR–FICC–
[FR Doc. E7–1220 Filed 1–25–07; 8:45 am] aided and abetted and was a cause of Phlo’s 2006–17]
violations of the periodic reporting
BILLING CODE 8011–01–P
requirements. Self-Regulatory Organizations; Fixed
The law judge assessed civil money Income Clearing Corporation; Order
penalties of $100,000 against Phlo, $25,000 Approving Proposed Rule Change
SECURITIES AND EXCHANGE against J. Hovis, and $50,000 against A.
COMMISSION Hovis, revoked Phlo’s registration as a
Relating to Clearing Fund Deficiency
transfer agent, barred A. Hovis from Calls
Sunshine Act Meetings associating with any transfer agent, and January 19, 2007.
imposed cease-and-desist orders as to all
Notice is hereby given, pursuant to Respondents. I. Introduction
the provisions of the Government in the Among the issues likely to be argued are
Sunshine Act, Pub. L. 94–409, that the whether Respondents violated the provisions October 16, 2006, the Fixed Income
Securities and Exchange Commission charged, and, if so, whether and to what Clearing Corporation (‘‘FICC’’) filed
will hold the following meetings during extent sanctions should be imposed. with the Securities and Exchange
the week of January 29, 2007: The subject matter of the Closed Commission (‘‘Commission’’) a
Open Meetings will be held on Meeting scheduled for January 31, 2007 proposed rule change pursuant to
Wednesday, January 31, 2007 at 10 a.m. at 11 a.m. will be: Section 19(b)(1) of the Securities
and 2 p.m. in the Auditorium, Room Exchange Act of 1934 (‘‘Act’’) 1 to adjust
Post-argument discussion.
LL–002, and Closed Meetings will be the deadline for satisfying a clearing
held on Wednesday, January 31, 2007 at The subject matter of the Open fund deficiency call from 10:30 a.m. to
11 a.m. and Thursday, February 1, 2007 Meeting scheduled for January 31, 2007 9:30 a.m. in the Schedule of Timeframes
at 2 p.m. at 2 p.m. will be: in FICC’s Government Securities
Commissioners, Counsels to the 1. The Commission will consider whether Division (‘‘GSD’’) rulebook. The
Commissioners, the Secretary to the to propose amendments to extend its proposed rule change was published for
Commission, and recording secretaries interactive data voluntary reporting program comment in the Federal Register on
will attend the Closed Meetings. Certain to permit mutual funds to submit as exhibits
December 6, 2006.2 No comment letters
to their registration statements supplemental
staff members who have an interest in
sroberts on PROD1PC70 with NOTICES

tagged information contained in the risk/ were received on the proposal. This
the matters may also be present. return summary section of their order approves the proposal.
The General Counsel of the prospectuses. The risk/return summary
Commission, or his designee, has section contains key mutual fund 1 15U.S.C. 78s(b)(1).
information, including investment objectives 2 SecuritiesExchange Act Release No. 54819
15 17 CFR 200.30–3(a)(34). and strategies, risks, and costs. (Nov. 27, 2006), 71 FR 70817.

VerDate Aug<31>2005 17:19 Jan 25, 2007 Jkt 211001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1

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