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GAO-09-138R 1 (2008-10-31)

handle is hein.gao/gaobadwvi0001 and id is 1 raw text is: 


   I
   GA 0
T M   WAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317338



          October 31, 2008

          The Honorable Christopher J. Dodd
          Chairman
          The Honorable Richard C. Shelby
          Ranking Minority Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Barney Frank
          Chairman
          The Honorable Spencer Bachus
          Ranking Minority Member
          Committee on Financial Services
          House of Representatives

          Subject: Securities and Exchange Commission: Amendments to Regulation SHO

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Securities and Exchange Commission (Commission),
          entitled Amendments to Regulation SHO (RIN: 3235-AJ57). We received the rule
          on October 16, 2008. It was published in the Federal Register as a final rule on
          October 17, 2008. 73 Fed. Reg. 61,690.

          The final rule makes amendments to Regulation SHO under the Securities Exchange
          Act of 1934. The final rule eliminates the options market maker exception to the
          close-out requirement of Regulation SHO. The final rule became effective on
          October 17, 2008. The Commission found good cause for the rule to become
          immediately effective notwithstanding the requirement of the Congressional Review
          Act that major rules not become effective until 60 days after publication or receipt by
          Congress. 5 U.S.C. § 808(2).

          Enclosed is our assessment of the Commission's compliance with the procedural
          steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the
          rule. Our review indicates that the Commission complied with the applicable
          requirements.


GAO-09-138R

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