Bio-Life Labs, Inc., BSI2000, Inc., Calais Resources, Inc., EGX Funds Transfer, Inc., Great Western Land Recreation, Inc. (a/k/a Great Western Land and Recreation, Inc.), and Id-CONFIRM, Inc., Order of Suspension of Trading, 10925-10926 [2011-4496]
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices
suitability for Federal employment;
investigations for employment in a
sensitive national security position;
investigations for eligibility for access to
classified information; investigations for
fitness for employment in the excepted
service or as a contract employee; and
investigations for identity credentials
for long-term physical and logical access
to Federally controlled facilities and
information systems. Further, there are
adequate protections against the
unauthorized redisclosure of reports of
investigation in the Privacy Act. See
Nelson, 131 S. Ct. at 762–64. Additional
protections are found in section 9(c) of
E.O. 10450, as amended, and in agency
restrictions on the release of personally
identifiable information.
c. NTEU commented that the forms
request information beyond that to
which the employee has consented in
the Authorization for Release of
Information as there is no indication
that information regarding general
behavior and conduct will be solicited
from individuals who might offer
information regarding personal habits.
The commenter is incorrect. The
authorization is part of a questionnaire
that specifically informs the subject that
the investigative process is designed to
develop information to show ‘‘whether
you are reliable and trustworthy, and of
good conduct and character.’’
d. NTEU commented that the forms
do not adequately explain the purpose
for which the information is sought and
its routine nature, and therefore allow
the reference to infer that the subject is
under suspicion of wrongdoing. OPM
has received no evidence to support this
suggestion during its longstanding use
of these forms. The form instructions
make clear that the form is part of a
background vetting process, not part of
a criminal or disciplinary proceeding.
An OPM investigator commented that
the INV 44 should instruct responding
law enforcement agencies to withhold
traffic violations if the fine was less than
$300 and did not involve alcohol or
drugs, since subjects of national security
investigations are not required to
disclose such violations on their SF 86,
Questionnaire for National Security
Positions. OPM does not accept this
recommendation at this time because (1)
the INV 44 is used for investigations
based on other investigative
questionnaires (SF 85, SF 85P) which do
not include exceptions for traffic
violations that resulted in fines less than
$300; and (2) subjecting responding law
enforcement agencies to the burden of
parsing such violations from their
records when responding to OPM
requests may deter responses or result
in response errors.
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18:30 Feb 25, 2011
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OPM is proposing to modify INV
forms 40, 41, and 42 to provide
instruction to respondents to mark, by
making a check, when the respondent
requests confidentiality of his or her
identity, and to call an office at OPM to
receive approval of the request before
completing the form. The purpose of
this change is to more clearly establish
the granting of confidentiality as
permitted by the Privacy Act of 1974
and OPM’s implementing regulations.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2011–4353 Filed 2–25–11; 8:45 am]
BILLING CODE 6325–53–P
10925
Dated: February 24, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–4500 Filed 2–24–11; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
Bio-Life Labs, Inc., BSI2000, Inc.,
Calais Resources, Inc., EGX Funds
Transfer, Inc., Great Western Land
Recreation, Inc. (a/k/a Great Western
Land and Recreation, Inc.), and IdCONFIRM, Inc., Order of Suspension of
Trading
February 24, 2011.
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, March 3, 2011 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
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)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (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, March
3, 2011 will be:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings; 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.
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Bio-Life
Labs, Inc. because it has not filed any
periodic reports since the period ended
March 31, 2005.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of BSI2000,
Inc. because it has not filed any periodic
reports since the period ended
December 31, 2005.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Calais
Resources, Inc. because it has not filed
any periodic reports since the period
ended August 31, 2004.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of EGX Funds
Transfer, Inc. because it has not filed
any periodic reports since the period
ended December 31, 2002.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Great
Western Land Recreation, Inc. (a/k/a
Great Western Land and Recreation,
Inc.) because it has not filed any
periodic reports since the period ended
June 30, 2006.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of IdCONFIRM, Inc. because it has not filed
any periodic reports since the period
ended March 31, 2007.
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
E:\FR\FM\28FEN1.SGM
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10926
Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices
companies. Therefore, it is ordered,
pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that
trading in the securities of the abovelisted companies is suspended for the
period from 9:30 a.m. EST on February
24, 2011, through 11:59 p.m. EST on
March 9, 2011.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011–4496 Filed 2–24–11; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63946; File No. SR–MSRB–
2011–03]
Self-Regulatory Organizations;
Municipal Securities Rulemaking
Board; Notice of Filing of Amendments
to Rule G–23, on Activities of Financial
Advisors
February 22, 2011.
srobinson on DSKHWCL6B1PROD with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (‘‘the
Act’’ or ‘‘the ‘‘Exchange Act’’) 1 and Rule
19b–4 thereunder,2 notice is hereby
given that on February 9, 2011, the
Municipal Securities Rulemaking Board
(‘‘Board’’ or ‘‘MSRB’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II below, which Items have been
prepared by the MSRB. 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 MSRB is filing with the SEC a
proposed rule change consisting of (i)
proposed amendments to Rule G–23
(activities of financial advisors) and (ii)
a proposed interpretation of Rule G–23
(the ‘‘proposed interpretive notice’’). The
MSRB requests that the proposed rule
change be made effective for new issues
for which the Time of Formal Award (as
defined in Rule G–34(a)(ii)(C)(1)(a))
occurs more than six (6) months after
SEC approval to allow issuers of
municipal securities time to finalize any
outstanding transactions that might be
affected by the proposed rule change.
The text of the proposed rule change
is available on the MSRB’s Web site at
https://www.msrb.org/Rules-andInterpretations/SEC-Filings/20111 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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18:30 Feb 25, 2011
Jkt 223001
Filings.aspx, at the MSRB’s principal
office, 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
MSRB 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 Board 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
(a) Currently Rule G–23, on activities
of financial advisors, sets forth the
circumstances under which a broker,
dealer, or municipal securities dealer
(‘‘dealer’’) acting as a financial advisor to
an issuer with respect to a new issue or
issues of municipal securities (‘‘dealer
financial advisor’’) may acquire all or
any portion of such issue, directly or
indirectly, from the issuer as a
principal, or may act as agent for the
issuer in arranging the placement of
such issue, either alone or as a
participant in a syndicate or other
similar account formed for that purpose.
For negotiated transactions, Rule G–
23(d)(i) requires that: (i) The dealer
terminate the financial advisory
relationship with regard to the issue and
at or after such termination the issuer
expressly consent in writing to such
acquisition or participation; (ii) at or
before such termination, the dealer
disclose in writing to the issuer that
there may be a conflict of interest in
changing from the capacity of financial
advisor to that of purchaser of or
placement agent for the securities and
the issuer expressly acknowledges in
writing to the dealer receipt of such
disclosure; and (iii) the dealer disclose
in writing to the issuer at or before such
termination the source and anticipated
amount of all remuneration to the dealer
with respect to such issue and the issuer
expressly acknowledge in writing to the
dealer receipt of such disclosure. With
respect to issues sold by competitive
bid, Rule G–23(d)(ii) provides that a
financial advisor must obtain the
issuer’s written consent prior to making
a bid for the issue.
PO 00000
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Fmt 4703
Sfmt 4703
The limitations of Rule G–23(d) also
apply to affiliates of the dealer financial
advisor; however, they do not apply to
purchases by dealer financial advisors
of securities from an underwriter, either
for the account of the dealer financial
advisor or for the account of customers
of the dealer financial advisor, except to
the extent that such purchases are made
to contravene the purpose and intent of
the rule.
In addition, Rule G–23(e) provides
that a dealer that has a financial
advisory relationship with respect to a
new issue of municipal securities may
not act as agent for the issuer in
remarketing such issue unless the dealer
has disclosed in writing to the issuer:
(i) That there may be a conflict of
interest in acting as both financial
advisor and remarketing agent for the
securities; and (ii) the source and basis
of the remuneration the dealer could
earn as remarketing agent on such issue.
The dealer must receive from the issuer
its express acknowledgement, in
writing, of its receipt of such disclosure
and its consent to the financial advisor
acting in both capacities along with the
source and basis of remuneration.
The proposed amendments would,
subject to the exceptions described
below, (i) prohibit a dealer financial
advisor with respect to the issuance of
municipal securities from acquiring all
or any portion of such issue directly or
indirectly, from the issuer as principal,
or acting as agent for the issuer in
arranging the placement of such issue,
either alone or as a participant in a
syndicate or other similar account
formed for that purpose; (ii) apply the
same prohibition to any dealer
controlling, controlled by, or under
common control with the dealer
financial advisor; and (iii) prohibit a
dealer financial advisor from acting as
the remarketing agent for such issue.
The proposed amendments would not
prohibit: (i) A dealer financial advisor
from placing an issuer’s entire issue
with another governmental entity, such
as a bond bank, as part of a plan of
financing by such entity for or on behalf
of the dealer financial advisor’s issuer
client; 3 (ii) a dealer financial advisor
from serving as successor remarketing
agent to an issuer for the same issue
with respect to which it provided
financial advisory services if the
financial advisory relationship with the
issuer had been terminated for at least
3 The exception would only apply if the dealer
financial advisor did not receive compensation for
the placement of such issue and the dealer financial
advisor was not compensated as an underwriter in
connection with any related transaction undertaken
by the governmental entity with which such issue
is placed.
E:\FR\FM\28FEN1.SGM
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Agencies
[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Notices]
[Pages 10925-10926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4496]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
Bio-Life Labs, Inc., BSI2000, Inc., Calais Resources, Inc., EGX
Funds Transfer, Inc., Great Western Land Recreation, Inc. (a/k/a Great
Western Land and Recreation, Inc.), and Id-CONFIRM, Inc., Order of
Suspension of Trading
February 24, 2011.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Bio-Life Labs, Inc. because it has not filed any periodic reports since
the period ended March 31, 2005.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
BSI2000, Inc. because it has not filed any periodic reports since the
period ended December 31, 2005.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Calais Resources, Inc. because it has not filed any periodic reports
since the period ended August 31, 2004.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
EGX Funds Transfer, Inc. because it has not filed any periodic reports
since the period ended December 31, 2002.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Great Western Land Recreation, Inc. (a/k/a Great Western Land and
Recreation, Inc.) because it has not filed any periodic reports since
the period ended June 30, 2006.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Id-CONFIRM, Inc. because it has not filed any periodic reports since
the period ended March 31, 2007.
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
[[Page 10926]]
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 February 24, 2011, through 11:59 p.m. EST on March 9, 2011.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011-4496 Filed 2-24-11; 4:15 pm]
BILLING CODE 8011-01-P