Emergence Capital Partners SBIC, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest, 15752-15753 [E7-5958]

Download as PDF 15752 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices changes is shown below. In addition to these changes, minor technical corrections, and new subsection designations are shown in the proposed rule text, accompanying this filing. • Rule 6.62(b) will include text taken from Rule 6.62A(b) related to ‘‘marketable’’ limit orders and will also contain new subsection (1) defining Inside Limit Orders. This definition is presently Rule 6.62A(c). • Rule 6.62(c) Contingency Orders. This rule will also cover Working Order types, presently defined in Rule 6.62A(e), including definitions for Stop Orders and Stop Limit Orders. • Rule 6.62(h) Combination Orders. New subsection (1)–(2) will be added defining Stock/option Orders and Single Stock Future (‘‘SSF’’)/Option Order. These definitions are presently contained in subsection (j)(1)–(2). • Rule 6.62(k)–(r) are taken from Rule 6.62A(d) and (f)–(k). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,7 in general, and furthers the objectives of Section 6(b)(5) of the Act,8 in particular, because it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. B. Self-Regulatory Organization’s Statement on Burden on Competition IV. Solicitation of Comments The Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others hsrobinson on PROD1PC76 with NOTICES III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become 8 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). VerDate Aug<31>2005 18:39 Mar 30, 2007 Jkt 211001 Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments The Exchange has neither solicited nor received written comments on the proposed rule change. 7 15 operative for 30 days after the date of filing (or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest), the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 9 and subparagraph (f)(6) of Rule 19b–4 thereunder.10 A proposed rule change filed under 19b–4(f)(6) normally may not become operative prior to 30 days after the date of filing.11 However, Rule 19b– 4(f)(6)(iii) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has satisfied the five-day prefiling requirement. In addition, the Exchange has requested that the Commission waive the 30-day preoperative delay and designate the proposed rule change to become operative upon filing. The Commission believes that waiving the 30-day preoperative delay is consistent with the protection of investors and the public interest because it would allow the Exchange to clarify and update its rules concerning order types without delay. Therefore, the Commission designates the proposal to become effective and operative upon filing.12 At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in the furtherance of the purposes of the Act. • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSEArca–2007–26 on the subject line. 9 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6)(iii). 12 For purposes only of waiving the operative delay of this proposal, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–NYSEArca–2007–26. This file number should be included on the subject line if e-mail is used. To help the Commission 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/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission’s Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of NYSE Arca. 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. All submissions should refer to File Number SR–NYSEArca–2007–26 and should be submitted on or before April 23, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.13 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–5987 Filed 3–30–07; 8:45 am] BILLING CODE 8010–01–P SMALL BUSINESS ADMINISTRATION [License No. 09/79–0454] Emergence Capital Partners SBIC, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Emergence Capital Partners SBIC, L.P., 160 Bovet Road, Suite 300, San Mateo, CA 94402, a Federal Licensee under the Small Business Investment Act of 1958, as amended (‘‘the Act’’), in connection 13 17 E:\FR\FM\02APN1.SGM CFR 200.30–3(a)(12). 02APN1 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (‘‘SBA’’) Rules and Regulations (13 CFR 107.730). Emergence Capital Partners SBIC, L.P., proposes to provide equity financing to DVDPlay, Inc. (‘‘DVDPlay’’), 695 Campbell Technology Parkway, Suite 200, Campbell, CA 95008. The financing is contemplated to fund the ongoing operating needs of the business. The financing is brought within the purview of § 107.730(a)(1) of the Regulations because Emergence Capital Partners, L.P., and Emergence Capital Associates, L.P., all Associates of Emergence Capital Partners SBIC, L.P., own more than ten percent of DVDPlay, and therefore DVDPlay is considered an Associate of Emergence Capital Partners SBIC, L.P., as detailed in § 107.50 of the Regulations. Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. March 12, 2007. ´ Jaime Guzman-Fournier, Associate Administrator for Investment. [FR Doc. E7–5958 Filed 3–30–07; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aviation Rulemaking Advisory Committee Meeting on Transport Airplane and Engine Issues Federal Aviation Administration (FAA), DOT. ACTION: Notice of public meeting. hsrobinson on PROD1PC76 with NOTICES AGENCY: SUMMARY: This notice announces a public meeting of the FAA’s Aviation Rulemaking Advisory Committee (ARAC) to discuss transport airplane and engine (TAE) issues. DATES: The meeting is scheduled for Tuesday, April 17, 2007 starting at 11 a.m. Eastern Daylight Time. Arrange for oral presentations by April 9, 2007. ADDRESSES: Federal Aviation Administration, 800 Independence Ave, SW., Room 810 Washington, DC 20591. FOR FURTHER INFORMATION CONTACT: Nicanor Davidson, Office of Rulemaking, ARM–207, FAA, 800 Independence Avenue, SW., Washington, DC 20591, Telephone (202) VerDate Aug<31>2005 18:39 Mar 30, 2007 Jkt 211001 267–5174, FAX (202) 267–5075, or email at nicanor.davidson@faa.gov. Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463; 5 U.S.C. app. III), notice is given of an ARAC meeting to be held via teleconference on April 17, 2007. The meeting is being held to vote on the Task 3 report from the Airworthiness Assurance Working Group (AAWG). This ad hoc meeting is necessary because this action from the AAWG is a critical part of FAA’s effort to develop new guidance to support the Aging Airplane Safety Final Rule (AASFR). The agenda for the meeting is as follows: • Opening Remarks • AAWG Report and Vote Attendance is open to the public, but will be limited to the availability of phone lines. Please confirm your attendance with the person listed in the SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT section no later than April 9, 2007. Please provide the following information: Full legal name, country of citizenship, and name of your industry association, or applicable affiliation. If you are attending as a public citizen, please indicate so. For persons participating, the call-in number is (202) 366–3920; the Passcode is ‘‘8489.’’ To insure that sufficient telephone lines are available, please notify the person listed in the FOR FURTHER INFORMATION CONTACT section of your intent to participate by April 9, 2007. Anyone calling from outside the Washington, DC metropolitan area will be responsible for paying long-distance charges. The public must make arrangements by April 9, 2007, to present oral statements at the meeting. Written statements may be presented to the ARAC at any time by providing 25 copies to the person listed in the FOR FURTHER INFORMATION CONTACT section. If you need assistance or require a reasonable accommodation for the meeting or meeting documents, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Sign and oral interpretation, as well as a listening device, can be made available if requested 10 calendar days before the meeting. Issued in Washington, DC on March 28, 2007. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. E7–6058 Filed 3–30–07; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 15753 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–27209] Notice of Request for Comments on New Information Collection: Survey of Medical Examiners Who Certify the Physical Qualifications of Commercial Motor Vehicle (CMV) Drivers Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; request for information. AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. The ICR describes a proposed collection activity and its expected cost and burden. The Federal Register notice allowing for a 60-day comment period on the ICR was published on June 19, 2006 (71 FR 35324). Four comments were received in response to the notice. Two individuals supported the proposed information collection and two commented on matters outside of the scope of the proposed information collection. These comments are addressed in the ICR that will be submitted to OMB. DATES: Please send your comments by May 2, 2007. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: You may submit comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC 20503, Attention: DOT/FMCSA Desk Officer. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and Truck Standards and Operations, Physical Qualifications Division, Department of Transportation, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590–0001. Telephone: 202–366– 4001, e-mail maggi.gunnels@fmcsa.dot.gov. Office hours are from 8:30 a.m. to 5 p.m., Eastern Time, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: Survey of Medical Examiners Who Certify the Physical Qualifications of Commercial Motor Rehicle Drivers. OMB Control Number: 2126–xxxx. Type of Request: New information collection. E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15752-15753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5958]


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SMALL BUSINESS ADMINISTRATION

[License No. 09/79-0454]


Emergence Capital Partners SBIC, L.P.; Notice Seeking Exemption 
Under Section 312 of the Small Business Investment Act, Conflicts of 
Interest

    Notice is hereby given that Emergence Capital Partners SBIC, L.P., 
160 Bovet Road, Suite 300, San Mateo, CA 94402, a Federal Licensee 
under the Small Business Investment Act of 1958, as amended (``the 
Act''), in connection

[[Page 15753]]

with the financing of a small concern, has sought an exemption under 
Section 312 of the Act and Section 107.730, Financings which Constitute 
Conflicts of Interest of the Small Business Administration (``SBA'') 
Rules and Regulations (13 CFR 107.730). Emergence Capital Partners 
SBIC, L.P., proposes to provide equity financing to DVDPlay, Inc. 
(``DVDPlay''), 695 Campbell Technology Parkway, Suite 200, Campbell, CA 
95008. The financing is contemplated to fund the ongoing operating 
needs of the business.
    The financing is brought within the purview of Sec.  107.730(a)(1) 
of the Regulations because Emergence Capital Partners, L.P., and 
Emergence Capital Associates, L.P., all Associates of Emergence Capital 
Partners SBIC, L.P., own more than ten percent of DVDPlay, and 
therefore DVDPlay is considered an Associate of Emergence Capital 
Partners SBIC, L.P., as detailed in Sec.  107.50 of the Regulations.
    Notice is hereby given that any interested person may submit 
written comments on the transaction to the Associate Administrator for 
Investment, U.S. Small Business Administration, 409 Third Street, SW., 
Washington, DC 20416.

    March 12, 2007.
Jaime Guzm[aacute]n-Fournier,
Associate Administrator for Investment.
[FR Doc. E7-5958 Filed 3-30-07; 8:45 am]
BILLING CODE 8025-01-P
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