In The Matter of Apogee Technology, Inc.; Order of Suspension of Trading, 20647 [2010-9144]
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Notices
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c), (5), (7), 9(B) and (10) and
17 CFR 200.402(a), (5), (7), 9(ii) and
(10), permit consideration of the
scheduled matters at the Closed
Meeting.
Commissioner Casey, as duty officer,
voted to consider the items listed for the
Closed Meeting in a closed session.
The subject matter of the Closed
Meeting scheduled for Thursday, April
22, 2010 will be:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings;
An adjudicatory matter; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
Dated: April 15, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010–9116 Filed 4–16–10; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In The Matter of Apogee Technology,
Inc.; Order of Suspension of Trading
erowe on DSK5CLS3C1PROD with NOTICES
April 16, 2010.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Apogee
Technology, Inc. (‘‘Apogee’’) because it
has been delinquent in its required
periodic reports since March 2009.
Apogee is quoted on the Pink Sheets
OTC Markets, Inc. under the ticker
symbol ATCS.
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
company.
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 company is
VerDate Nov<24>2008
14:55 Apr 19, 2010
Jkt 220001
suspended for the period from 9:30 a.m.
EDT on April 16, 2010, through 11:59
p.m. EDT on April 29, 2010.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2010–9144 Filed 4–16–10; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61891; File No. SR–BX–
2010–026]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to
Chapter V, Section 7 (Customer Orders
and Order Flow Providers)
Date: April 13, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 31,
2010, NASDAQ OMX BX, Inc. (the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
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 NASDAQ
OMX BX, Inc. (the ‘‘Exchange’’) proposes
to amend Chapter V, Section 17
(Customer Orders and Order Flow
Providers) of the Rules of the Boston
Options Exchange Group, LLC (‘‘BOX’’).
The text of the proposed rule change is
available from the principal office of the
Exchange, at the Commission’s Public
Reference Room and also on the
Exchange’s Internet Web site at https://
nasdaqomxbx.cchwallstreet.com/
NASDAQOMXBX/Filings/.
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
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00093
Fmt 4703
Sfmt 4703
20647
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is proposing to amend
Chapter V, Section 17 (Customer Orders
and Order Flow Providers) of the BOX
Rules in order to eliminate some of its
restrictions. Section 17(c) currently
provides that an Order Flow Provider
(‘‘OFP’’) 3 shall not enter into BOX, as
principal or agent, Limit Orders in the
same options series, for the account or
accounts of the same or related
beneficial owners, in such a manner that
the OFP or the beneficial owner(s)
effectively is operating as a market
maker by holding itself out as willing to
buy and sell such options contract on a
regular or continuous basis.
The Exchange is proposing that these
restrictions be eliminated so that they
are no longer applicable to instances
where an OFP is acting as principal on
its own behalf or is acting as agent on
behalf of other broker-dealer or Public
Customer orders.4 Because broker-dealer
and Public Customer orders are not
subject to priority on the BOX Book that
is any better than Market Makers, BOX
does not believe it is necessary to
impose the Rule’s restrictions on the
entry of broker-dealer and Public
Customer orders. The Exchange believes
that the elimination of these restrictions
will permit entities other than Market
Makers to enter orders on both sides of
the market more freely, which may
result in more orders on the BOX Book
and therefore increased liquidity on the
BOX market, all to the benefit of
investors.
3 See Chapter I, Section 1 (Definitions) of the BOX
Rules which defines the term ‘‘Order Flow Provider’’
or ‘‘OFP’’ to mean those Options Participants
representing as agent Customer Orders on BOX and
those non-Market Maker Participants conducting
proprietary trading.
4 The Exchange notes that the Securities and
Exchange Commission (‘‘Commission’’) has
previously found that it is consistent with the
Securities Exchange Act of 1934 (‘‘the Act’’) for an
options exchange not to prohibit a user of its market
from effectively operating as a market maker by
holding itself out as willing to buy and sell options
contracts on a regular or continuous basis without
registering as a market maker. See Securities
Exchange Act Release No. 57478 (March 12, 2008),
73 FR 14521 (March 18, 2008) (SR–NASDAQ–2007–
004 and SR–NASDAQ–2007–080) (Order
Approving, among other things, a Proposed Rule
Change to Establish Rules Governing the Trading of
Options on the NASDAQ Options Market (‘‘NOM’’)).
E:\FR\FM\20APN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Notices]
[Page 20647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9144]
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SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
In The Matter of Apogee Technology, Inc.; Order of Suspension of
Trading
April 16, 2010.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Apogee Technology, Inc. (``Apogee'') because it has been delinquent in
its required periodic reports since March 2009. Apogee is quoted on the
Pink Sheets OTC Markets, Inc. under the ticker symbol ATCS.
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 company.
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 company is suspended for the period from 9:30 a.m. EDT on
April 16, 2010, through 11:59 p.m. EDT on April 29, 2010.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2010-9144 Filed 4-16-10; 4:15 pm]
BILLING CODE 8011-01-P
