In the Matter of L. Luria & Son, Inc., Lew Corp. (n/k/a Questus Global Limited), Library Bureau, Inc., Life Sciences, Inc., Lifesmart Nutrition Technologies, Inc., Lightning Rod Software, Inc., Lindatech, Inc., Littlefield, Adams & Company, and Liuski International, Inc.; Order of Suspension of Trading, 5359-5360 [2010-2223]
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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
DATES: Comments are encouraged and
will be accepted until April 5, 2010.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the FISD, OPM, 1900 E Street, NW.,
Washington, DC 20415, Attention: Lisa
Loss or sent via electronic mail to
FISDFormsComments@opm.gov.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with applicable
supporting documentation, may be
obtained by contacting the FISD, OPM,
1900 E Street, NW., Washington, DC
20503, Attention: Lisa Loss or sent via
electronic mail to
FISDFormsComments@opm.gov.
Section
3(a) of Executive Order (E.O.) 10450, as
amended, states that with specified
exceptions, ‘‘the appointment of each
civilian officer or employee in any
department or agency of the
Government shall be made subject to
investigation,’’ and that ‘‘in no event
shall the investigation consist of less
than a national agency check * * * and
written inquiries to appropriate local
law enforcement agencies, former
employers and supervisors, references,
and schools attended by the persons
under investigation.’’ This minimum
investigation for appointment in the
civil service is called the National
Agency Check with Inquiries (NACI).
The INV 40, 41, 42, 43, and 44 are
used to conduct the ‘‘written inquiries’’
portion of the NACI. They are also used
in any investigation requiring the same
written inquiries, including suitability
investigations under E.O. 10577, as
amended and 5 CFR part 731, for
employment in positions defined in
5 CFR 731.101(b); investigations for
employment in a sensitive national
security position under E.O. 10450, as
amended and 5 CFR part 732; certain
investigations for eligibility for access to
classified information pursuant to
standards promulgated under E.O.
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SUPPLEMENTARY INFORMATION:
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12968, as amended; certain
investigations for fitness for
employment in the excepted service or
as a contract employee, pursuant to
investigative requirements prescribed by
employing and contracting agencies;
and investigations for identity
credentials for long-term physical and
logical access to Federally controlled
facilities and information systems,
pursuant to standards promulgated
under the Federal Information Security
Management Act. The INV forms 40 and
44, in particular, facilitate OPM’s access
to criminal history record information
under 5 U.S.C. 9101.
The content of the INV forms is also
designed to meet notice requirements
for personnel investigations specified by
5 CFR 736.102(c). These notice
requirements apply to any ‘‘investigation
* * * to determine the suitability,
eligibility, or qualifications of
individuals for Federal employment, for
work on Federal contracts, or for access
to classified information or restricted
areas.’’
None of the forms is used for any
purpose other than a personnel
background investigation, as described
above. The completed forms are
maintained by OPM subject to the
protections of the Privacy Act of 1974,
as amended.
Procedurally, the subject of a
personnel background investigation
discloses the identity of relevant
sources, such as supervisors, coworkers,
neighbors, friends, current or former
spouses, instructors, relatives, or
schools attended, on the standard form
(SF) 85, Questionnaire for Non-Sensitive
Positions; the SF 85P, Questionnaire for
Public Trust Positions; or the SF 86,
Questionnaire for National Security
Positions. After OPM receives a
completed SF 85, SF 85P, or SF 86, the
INV forms are distributed to the
provided source contacts through an
automated mailing operation.
The INV 40 is used to collect records
from a Federal or State record repository
or a credit bureau. The INV 44 is used
to collect law enforcement data from a
criminal justice agency. The INV 41, 42,
and 43 are sent to employment
references, associates, and schools
attended. The forms disclose that the
source’s name was provided by the
subject to assist in completing a
background investigation to help
determine the subject’s suitability for
employment or security clearance, and
request that the source complete the
form with information to help in this
determination. Generally the subject of
the investigation will identify these
employment references, associates, and
schools on his or her SF 85, SF 85P, or
PO 00000
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5359
SF 86 questionnaire. If information is
omitted on the questionnaire, however,
the information may be provided in a
follow-up contact between the subject
and an investigator. By their terms, the
INV 41, 42, and 43 forms are not to be
sent to employment references,
associates, and schools that have not
been identified by the subject of the
investigation.
Approximately 279,000 INV 40
inquiries are sent to federal and nonfederal agencies annually. The INV 40
takes approximately five minutes to
complete. The estimated annual burden
is 23,250 hours. Approximately
2,243,000 INV 41 inquiries are sent to
previous and present employers and
supervisors. The INV 41 takes
approximately five minutes to complete.
The estimated annual burden is 186,900
hours. Approximately 1,882,000 INV 42
inquiries are sent to individuals
annually. The INV 42 takes
approximately five minutes to complete.
The estimated annual burden is 156,800
hours. Approximately 464,000 INV 43
inquiries are sent to educational
institutions annually. The INV 43 takes
approximately five minutes to complete.
The estimated annual burden is 38,700
hours. Approximately 1,546,000 INV 44
inquiries are sent to law enforcement
agencies annually. The INV 44 takes
approximately five minutes to complete.
The estimated annual burden is 128,800
hours. The total number of respondents
for the INV 40, INV 41, INV 42, INV 43,
and INV 44 is 6,135,200 and the total
estimated burden is 511,200 hours.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010–2193 Filed 2–1–10; 8:45 am]
BILLING CODE 6325–53–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In the Matter of L. Luria & Son, Inc.,
Lew Corp. (n/k/a Questus Global
Limited), Library Bureau, Inc., Life
Sciences, Inc., Lifesmart Nutrition
Technologies, Inc., Lightning Rod
Software, Inc., Lindatech, Inc.,
Littlefield, Adams & Company, and
Liuski International, Inc.; Order of
Suspension of Trading
January 29, 2010.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of L. Luria &
Son, Inc. because it has not filed any
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02FEN1
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5360
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
periodic reports since the period ended
May 3, 1997.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Lew Corp.
(n/k/a Questus Global Limited) because
it has not filed any periodic reports
since the period ended December 31,
2001.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Library
Bureau, Inc. because it has not filed any
periodic reports since July 2, 1994.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Life
Sciences, Inc. because it has not filed
any periodic reports since the period
ended May 31, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Lifesmart
Nutrition Technologies, Inc. because it
has not filed any periodic reports since
the period ended February 28, 2003.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Lightning
Rod Software, Inc. because it has not
filed any periodic reports since the
period ended December 31, 2001.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Lindatech,
Inc. because it has not filed any periodic
reports since the period ended March
31, 1999.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Littlefield,
Adams & Company because it has not
filed any periodic reports since the
period ended March 31, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Liuski
International. Inc. because it has not
filed any periodic reports since the
period ended July 20, 1999.
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 in the
securities of the above-listed companies
is suspended for the period from 9:30
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16:52 Feb 01, 2010
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a.m. EST on January 29, 2010, through
11:59 p.m. EST on February 11, 2010.
the most significant aspects of such
statements.
By the Commission.
Elizabeth M. Murphy,
Secretary.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2010–2223 Filed 1–29–10; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61426; File No. SR–Phlx–
2010–05]
Self-Regulatory Organizations;
NASDAQ OMX PHLX, Inc.; Notice of
Filing of Proposed Rule Change
Relating to Professional Orders
January 26, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that on January
12, 2010, NASDAQ OMX PHLX, Inc.
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
priority rules to give certain non-brokerdealer orders the same priority as
broker-dealer orders.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxphlx.cchwallstreet.com/
NASDAQOMXPHLX/Filings/, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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1. Purpose
The purpose of the proposed rule
change is to adopt the new term
‘‘professional’’ for purposes of the
Exchange’s priority rules. Currently,
pursuant to Rule 1014(g), a customer
account is an account other than a
controlled account; a controlled account
is an account controlled by or under
common control with a broker-dealer.
Rule 1014(g) governs, among other
things, the allocation of orders and,
thus, the priority over and parity among
orders and quotations.
Customer priority is one of the
marketplace advantages provided to
customer orders on the Exchange;
customer priority means that customer
orders are given execution priority over
non-customer orders and quotations of
specialists and Registered Options
Traders (‘‘ROTs’’) at the same price.
Another marketplace advantage afforded
to customer orders on the Exchange is
that member organizations are generally
not charged transaction fees for the
execution of customer orders. The
purpose of these marketplace
advantages is to attract retail order flow
to the Exchange by leveling the playing
field for retail investors over market
professionals.3
With respect to these Phlx
marketplace advantages, the Exchange
does not believe that the current
definition of customer account versus
controlled account properly
distinguishes between non-professional
retail investors and certain
professionals. According to the
Exchange, providing marketplace
advantages based upon whether the
order is for the account of a participant
that is a registered broker-dealer is no
longer appropriate in today’s
marketplace, because some non-brokerdealer individuals and entities have
access to information and technology
that enables them to professionally trade
listed options in the same manner as a
broker or dealer in securities.4 These
3 Market professionals have access to
sophisticated trading systems that contain
functionality not available to retail customers,
including things such as continuously updated
pricing models based upon real-time streaming
data, access to multiple markets simultaneously and
order and risk management tools.
4 For example, some broker-dealers provided their
professional customers with multi-screened trading
stations equipped with trading technology that
allows the trader to monitor and place orders on all
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]]>Agencies
[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Notices]
[Pages 5359-5360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2223]
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SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
In the Matter of L. Luria & Son, Inc., Lew Corp. (n/k/a Questus
Global Limited), Library Bureau, Inc., Life Sciences, Inc., Lifesmart
Nutrition Technologies, Inc., Lightning Rod Software, Inc., Lindatech,
Inc., Littlefield, Adams & Company, and Liuski International, Inc.;
Order of Suspension of Trading
January 29, 2010.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
L. Luria & Son, Inc. because it has not filed any
[[Page 5360]]
periodic reports since the period ended May 3, 1997.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Lew Corp. (n/k/a Questus Global Limited) because it has not filed any
periodic reports since the period ended December 31, 2001.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Library Bureau, Inc. because it has not filed any periodic reports
since July 2, 1994.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Life Sciences, Inc. because it has not filed any periodic reports since
the period ended May 31, 2000.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Lifesmart Nutrition Technologies, Inc. because it has not filed any
periodic reports since the period ended February 28, 2003.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Lightning Rod Software, Inc. because it has not filed any periodic
reports since the period ended December 31, 2001.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Lindatech, Inc. because it has not filed any periodic reports since the
period ended March 31, 1999.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Littlefield, Adams & Company because it has not filed any periodic
reports since the period ended March 31, 2000.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Liuski International. Inc. because it has not filed any periodic
reports since the period ended July 20, 1999.
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 in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EST
on January 29, 2010, through 11:59 p.m. EST on February 11, 2010.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-2223 Filed 1-29-10; 11:15 am]
BILLING CODE 8011-01-P
