Carlyle Gaming & Entertainment Ltd., Daleigh Holdings Corp., Guy F. Atkinson Co. of California, Inc. (n/k/a ATKN Co. of California), Minex Resources, Inc., Pegasus Gold, Inc., Powerhouse Resources, Inc., SA Telecommunications, Inc., Storm Technology, Inc., Thorn Apple Valley, Inc., and Universal Seismic Associates, Inc. (n/k/a Pocketop Corp.); Order of Suspension of Trading, 7504-7505 [E9-3377]
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7504
Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Notices
annual total return for the 5-year period
ending on such date;6 and
2. the transmittal letter accompanying
any registration statement filed with the
Commission in connection with such
offering discloses that the Fund has
received an order under section 19(b) to
permit it to make periodic distributions
of long-term capital gains with respect
to its common shares as frequently as
twelve times each year, and as
frequently as distributions are specified
in accordance with the terms of any
outstanding preferred shares as such
Fund may issue.
VIII. Amendments to Rule 19b–1: The
requested order will expire on the
effective date of any amendments to rule
19b–1 that provide relief permitting
certain closed-end investment
companies to make periodic
distributions of long-term capital gains
with respect to their outstanding
common shares as frequently as twelve
times each year.
For the Commission, by the Division
of Investment Management, under
delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–3232 Filed 2–13–09; 8:45 am]
BILLING CODE 8011–01–P
Northern Ethanol, Inc. is incorporated
in Delaware and headquartered in
Toronto, Ontario. The company’s
common stock is quoted on Pink Sheets
under the ticker symbol ‘‘NOET.’’
Hydrogen Hybrid Technologies, Inc. is
incorporated in Nevada and
headquartered in Pickering, Ontario.
The company’s common stock is quoted
on the OTC Bulletin Board and Pink
Sheets under the ticker symbol
‘‘HYHY.’’
Stock-Trak Group, Inc. (formerly
Neutron Enterprises, Inc.) is
incorporated in Nevada and
headquartered in Montreal, Quebec. The
company’s common stock is quoted on
the OTC Bulletin Board and Pink Sheets
under the ticker symbol ‘‘STKG’’
(formerly ‘‘NTRN’’).
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading of the
securities of the above-listed companies
is suspended for the period
commencing at 9:30 a.m. EST, February
12, 2009, and terminating at 11:59 p.m.
EST, on February 26, 2009.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–3376 Filed 2–12–09; 4:15 pm]
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
BILLING CODE 8011–01–P
Avicena Group, Inc., Northern Ethanol,
Inc., Hydrogen Hybrid Technologies,
Inc. and Stock-Trak Group, Inc.; Order
of Suspension of Trading
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
sroberts on PROD1PC70 with NOTICES
February 12, 2009.
It appears to the Securities and
Exchange Commission that the public
interest and the protection of investors
require a suspension of trading in the
securities of Avicena Group, Inc.,
Northern Ethanol, Inc., Hydrogen
Hybrid Technologies, Inc. and StockTrak Group, Inc. Questions have arisen
concerning the trading in the
companies’ stocks and the accuracy and
adequacy of publicly available
information regarding the ownership
and control of each company.
Avicena Group, Inc. is incorporated in
Delaware and headquartered in Palo
Alto, California. The company’s
common stock is quoted on Pink Sheets
operated by Pink OTC Markets Inc.
(‘‘Pink Sheets’’) under the ticker symbol
‘‘AVCE.’’
6 If the Fund has been in operation fewer than five
years, the measured period will begin immediately
following the Fund’s first public offering.
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19:45 Feb 13, 2009
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Carlyle Gaming & Entertainment Ltd.,
Daleigh Holdings Corp., Guy F.
Atkinson Co. of California, Inc. (n/k/a
ATKN Co. of California), Minex
Resources, Inc., Pegasus Gold, Inc.,
Powerhouse Resources, Inc., SA
Telecommunications, Inc., Storm
Technology, Inc., Thorn Apple Valley,
Inc., and Universal Seismic
Associates, Inc. (n/k/a Pocketop
Corp.); Order of Suspension of Trading
February 12, 2009.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Carlyle
Gaming & Entertainment Ltd. because it
has not filed any periodic reports since
the period ended March 31, 1996.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Daleigh
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Fmt 4703
Sfmt 4703
Holdings Corp. because it has not filed
any periodic reports since the period
ended September 30, 1996.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Guy F.
Atkinson Co. of California, Inc. (n/k/a
ATKN Company of California) because
it has not filed any periodic reports
since the period ended December 31,
1997.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Minex
Resources, Inc. because it has not filed
any periodic reports since the period
ended November 30, 1999.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Pegasus
Gold, Inc. because it has not filed any
periodic reports since the period ended
June 30, 1998.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Powerhouse
Resources, Inc. because it has not filed
any periodic reports since the period
ended June 30, 1995.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of SA
Telecommunications, Inc. because it has
not filed any periodic reports since the
period ended December 31, 1997.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Storm
Technology, Inc. because it has not filed
any periodic reports since the period
ended June 30, 1998.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Thorn
Apple Valley, Inc. because it has not
filed any periodic reports since the
period ended March 5, 1999.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Universal
Seismic Associates, Inc. (n/k/a Pocketop
Corp.) because it has not filed any
periodic reports since the period ended
March 31, 1998.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
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Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Notices
Act of 1934, that trading in the
securities of the above-listed companies
is suspended for the period from 9:30
a.m. EST on February 12, 2009, through
11:59 p.m. EST on February 26, 2009.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E9–3377 Filed 2–12–09; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59376; File No. SR–
NYSEArca–2008–139]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Approving Proposed
Rule Change Amending the Minor Rule
Plan To Increase Certain Sanctions
February 10, 2009.
On December 17, 2008, NYSE Arca,
Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change amending NYSE Arca Rule 10.12
(Minor Rule Plan) (‘‘MRP’’) to increase
the sanctions for certain market maker
quoting and trading rule violations and
to make other minor changes. The
proposed rule change was published for
comment in the Federal Register on
January 7, 2009.3 The Commission
received no comments regarding the
proposal. This order approves the
proposed rule change.
The Exchange has proposed to
increase the fine levels for certain
market maker quoting and trading rules
violations.4 The fine levels for such
violations are currently $500 (1st
offense), $1,000 (2nd offense), and
$1,500–$2,500 (3rd offense). The
proposed rule change would increase
the fine levels to $1,000 (1st offense),
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 59191
(December 31, 2008), 74 FR 757.
4 The proposed increased fines would apply to
violations of the following requirements: (i) At least
75% of the trading activity of a market maker be
in classes within the market maker’s appointment
(Rules 6.35, Commentary .03 and 6.37(h)(5)); (ii) at
least 60% of a market maker’s transactions be
executed by the market maker in person or through
an approved facility of the Exchange (Rule 6.37(d));
(iii) market makers on NYSE Arca apply for an
appointment in one or more classes of options
contracts (Rule 6.35); (iv) market makers, including
lead market makers, must comply with certain
quoting obligations (Rule 6.37B); and (v) market
makers provide accurate quotations and quote
markets within the prescribed maximum quote
spread differentials (Rules 6.37(b)(1), 6.82(c)(1), and
6.37A(b)).
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2 17
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19:45 Feb 13, 2009
Jkt 217001
$2,500 (2nd offense), and $3,500 (3rd
offense). The Exchange believes that the
current fine levels for such violations
are too low, given the serious nature of
such offenses, and that the proposed
increases are necessary to be an effective
deterrent against future violations and a
just penalty for such violations. The
Exchange also proposed a few other
minor changes to correct an erroneous
rule reference and to include an
inadvertent omission 5 in its MRP.
The Commission finds that the
proposal is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.6 In
particular, the Commission believes that
the proposal is consistent with Section
6(b)(5) of the Act,7 which requires that
the rules of an exchange be designed to,
among other things, protect investors
and the public interest. The
Commission also believes that the
proposal is consistent with Sections
6(b)(1) and 6(b)(6) of the Act,8 which
require that the rules of an exchange
enforce compliance with, and provide
appropriate discipline for, violations of
Commission and Exchange rules.
Furthermore, the Commission believes
that the proposed changes to the MRP
should strengthen the Exchange’s ability
to carry out its oversight and
enforcement responsibilities as a selfregulatory organization in cases where
full disciplinary proceedings are
unsuitable in view of the minor nature
of the particular violation. Therefore,
the Commission finds that the proposal
is consistent with the public interest,
the protection of investors, or otherwise
in furtherance of the purposes of the
Act, as required by Rule 19d–1(c)(2)
under the Act,9 which governs minor
rule violation plans.
In approving this proposed rule
change, the Commission in no way
minimizes the importance of
compliance with NYSE Arca rules and
all other rules subject to the imposition
of fines under the MRP. The
Commission believes that the violation
of any self-regulatory organization’s
rules, as well as Commission rules, is a
serious matter. However, the MRP
provides a reasonable means of
addressing rule violations that do not
rise to the level of requiring formal
5 The Exchange has proposed to add violations of
Rule 6.37A(b) to the MRP, stating that the reference
to this rule was inadvertently left off the MRP.
6 In approving this proposed rule change, the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
7 15 U.S.C. 78f(b)(5).
8 15 U.S.C. 78f(b)(1) and 78f(b)(6).
9 17 CFR 240.19d–1(c)(2).
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Fmt 4703
Sfmt 4703
7505
disciplinary proceedings, while
providing greater flexibility in handling
certain violations. The Commission
expects that NYSE Arca will continue to
conduct surveillance with due diligence
and make a determination based on its
findings, on a case-by-case basis,
whether a fine of more or less than the
recommended amount is appropriate for
a violation under the MRP or whether
a violation requires formal disciplinary
action under NYSE Arca Rules 10.4–
10.11.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act 10 and Rule
19d–1(c)(2) under the Act,11 that the
proposed rule change (SR–NYSEArca–
2008–139), as amended, be, and hereby
is, approved and declared effective.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–3230 Filed 2–13–09; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Data Collection Available for Public
Comments and Recommendations
ACTION: Notice and request for
comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Small Business
Administration’s intentions to request
approval on a new and/or currently
approved information collection.
DATES: Submit comments on or before
April 20, 2009.
ADDRESSES: Send all comments
regarding whether this information
collection is necessary for the proper
performance of the function of the
agency, whether the burden estimates
are accurate, and if there are ways to
minimize the estimated burden and
enhance the quality of the collection, to
Gail Hepler, Chief, 7a Loan Policy,
Office of Financial Assistance, Small
Business Administration, 409 3rd Street,
8th Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: Gail
Hepler, Chief, 7a Loan Policy Branch,
Office of Financial Assistance, 202–
205–7530, gail.hepler@sba.gov; Curtis
B. Rich, Management Analyst, 202–205–
7030, curtis.rich@sba.gov.
SUPPLEMENTARY INFORMATION: The
information collected through these
10 15
U.S.C. 78s(b)(2).
CFR 240.19d–1(c)(2).
12 17 CFR 200.30–3(a)(12); 17 CFR 200.30–
3(a)(44).
11 17
E:\FR\FM\17FEN1.SGM
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Agencies
[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7504-7505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3377]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
Carlyle Gaming & Entertainment Ltd., Daleigh Holdings Corp., Guy
F. Atkinson Co. of California, Inc. (n/k/a ATKN Co. of California),
Minex Resources, Inc., Pegasus Gold, Inc., Powerhouse Resources, Inc.,
SA Telecommunications, Inc., Storm Technology, Inc., Thorn Apple
Valley, Inc., and Universal Seismic Associates, Inc. (n/k/a Pocketop
Corp.); Order of Suspension of Trading
February 12, 2009.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Carlyle Gaming & Entertainment Ltd. because it has not filed any
periodic reports since the period ended March 31, 1996.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Daleigh Holdings Corp. because it has not filed any periodic reports
since the period ended September 30, 1996.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Guy F. Atkinson Co. of California, Inc. (n/k/a ATKN Company of
California) because it has not filed any periodic reports since the
period ended December 31, 1997.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Minex Resources, Inc. because it has not filed any periodic reports
since the period ended November 30, 1999.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Pegasus Gold, Inc. because it has not filed any periodic reports since
the period ended June 30, 1998.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Powerhouse Resources, Inc. because it has not filed any periodic
reports since the period ended June 30, 1995.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
SA Telecommunications, Inc. because it has not filed any periodic
reports since the period ended December 31, 1997.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Storm Technology, Inc. because it has not filed any periodic reports
since the period ended June 30, 1998.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Thorn Apple Valley, Inc. because it has not filed any periodic reports
since the period ended March 5, 1999.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Universal Seismic Associates, Inc. (n/k/a Pocketop Corp.) because it
has not filed any periodic reports since the period ended March 31,
1998.
The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange
[[Page 7505]]
Act of 1934, that trading in the securities of the above-listed
companies is suspended for the period from 9:30 a.m. EST on February
12, 2009, through 11:59 p.m. EST on February 26, 2009.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E9-3377 Filed 2-12-09; 4:15 pm]
BILLING CODE 8011-01-P