In the Matter of Apogee Technology, Inc.; Order of Suspension of Trading, 39792-39793 [2012-16538]

Download as PDF 39792 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES Exchange believes the proposed fees for broker-dealers, as compared to Market Makers, is appropriate and not unfairly discriminatory because it promotes enhanced BOX market quality. The Exchange believes that the proposed Exchange Fees will keep BOX competitive with other exchanges and apply in such a manner so as to be equitable among BOX Participants. The Exchange believes the proposed fees are fair and reasonable and must be competitive with fees in place on other exchanges. Further, the Exchange believes that this competitive marketplace impacts the fees proposed for BOX. Greater liquidity and additional volume executed on BOX aids the price and volume discovery process. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes the proposed fee changes are reasonably designed to potentially enhance competition in BOX Auction Transactions, particularly in the PIP. The proposed fee changes modify the tiered fees charged to Initiating Participants based on their monthly ADV in Auction Transactions. This may result in higher fees for Initiating Participants with monthly Auction Transaction ADV of less than 20,000 contracts. The proposed changes also increases the fee charged to brokerdealers for Improvement Orders in the PIP and Responses in the Solicitation and Facilitation Auction Mechanisms from $0.25 to $0.35. The Exchange believes this increase will not impair broker-dealers from adding liquidity and competing in Auction Transactions, so that they may gain the opportunity to interact with the customer orders seeking to remove liquidity in Auction Transactions. Further, the proposed changes modify the tiered fees for Market Makers based on their ADV considering all of their BOX transactions. This may potentially increase or decrease any particular Market Maker’s fees on BOX, including those fees for Auction Transactions, based on their monthly ADV. The Exchange believes it is likely that more Market Makers may benefit from lower fees as a result of this proposed change, lowering their cost to compete in BOX Auction Transactions. Considering all of the above, the Exchange believes the proposed fee changes are reasonably designed to VerDate Mar<15>2010 16:48 Jul 03, 2012 Jkt 226001 potentially enhance competition in BOX Auction Transactions, particularly in the PIP, and the Exchange does not believe that the proposed rule change will impose any burden on competition 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 No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Exchange Act 10 and Rule 19b–4(f)(2) thereunder,11 because it establishes or changes a due, fee, or other charge applicable only to a member. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend 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 furtherance of the purposes of the Exchange Act. IV. Solicitation of Comments 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 • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rulecomments@sec.gov. Please include File Number SR–BOX–2012–005 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–BOX–2012–005. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will PO 00000 10 15 11 17 U.S.C. 78s(b)(3)(A)(ii). CFR 240.19b–4(f)(2). Frm 00118 Fmt 4703 Sfmt 4703 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 Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. 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–BOX– 2012–005 and should be submitted on or before July 26, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–16449 Filed 7–3–12; 8:45 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 July 2, 2012. 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 not filed any periodic reports since the period ended June 30, 2011. 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, and any equity securities of any entity purporting to succeed to this issuer. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the 12 17 E:\FR\FM\05JYN1.SGM CFR 200.30–3(a)(12). 05JYN1 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Notices securities of the above-listed company, and any equity securities of any entity purporting to succeed to this issuer, is suspended for the period from 9:30 a.m. EDT on July 2, 2012, through 11:59 p.m. EDT on July 16, 2012. Businesses without Credit Available Elsewhere .............. Non-profit Organizations with Credit Available Elsewhere ... Non-profit Organizations without Credit Available Elsewhere ... [FR Doc. 2012–16538 Filed 7–2–12; 11:15 am] SMALL BUSINESS ADMINISTRATION [Disaster Declaration #13101 and #13102] foreign air carrier permit to enable it to engage in scheduled air transportation of persons, property, and mail between 4.000 Beijing, People’s Republic of China (PEK), on the one hand, and Chicago, 3.125 Illinois (ORD), on the other hand. Hainan Airlines also requests exemption 3.000 authority to the extent necessary so that it may exercise the rights requested in Percent this application prior to the issuance of an amended foreign air carrier permit. Percent By the Commission. Elizabeth M. Murphy, Secretary. BILLING CODE 8011–01–P 39793 For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere .............. Non-Profit Organizations without Credit Available Elsewhere ..................................... 4.000 Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. 2012–16400 Filed 7–3–12; 8:45 am] 3.000 BILLING CODE 4910–9X–P Michigan Disaster #MI–00032 U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Administrative declaration of a disaster for the State of Michigan dated 06/28/ 2012. Incident: Severe Storms and Flooding. Incident Period: 05/03/2012 through 05/05/2012. Effective Date: 06/28/2012. Physical Loan Application Deadline Date: 08/27/2012. Economic Injury (EIDL) Loan Application Deadline Date: 03/28/2013. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Genesee. Contiguous Counties: Michigan: Lapeer, Livingston, Oakland, Saginaw, Shiawassee, Tuscola. The Interest Rates are: TKELLEY on DSK3SPTVN1PROD with NOTICES SUMMARY: Percent For Physical Damage: Homeowners with Credit Available Elsewhere ...................... Homeowners without Credit Available Elsewhere .............. Businesses with Credit Available Elsewhere ...................... VerDate Mar<15>2010 16:48 Jul 03, 2012 Jkt 226001 3.875 1.938 6.000 The number assigned to this disaster for physical damage is 131016 and for economic injury is 131020. The State which received an EIDL Declaration No. is Michigan. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: June 28, 2012. Karen G. Mills, Administrator. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on Request To Release Airport Property at Portland— Hillsboro Airport, Hillsboro, OR Federal Aviation Administration (FAA), DOT. ACTION: Notice of Proposal to Release Airport Property. AGENCY: [FR Doc. 2012–16392 Filed 7–3–12; 8:45 am] BILLING CODE 8025–01–P The FAA proposes to rule and invites public comment on the release of land at Portland—Hillsboro Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21), now 49 U.S.C. 47107(h)(2). The FAA is considering a proposal to change a portion of the airport from aeronautical use to nonaeronautical use and to authorize the sale and/or conversion of the airport property. The proposal consists of two parcels of land containing a total of approximately 3.21 acres located in the southeast portion of the airport southeast of Cornell Rd. The FAA may approve the request, in whole or in part, no later than August 6, 2012. DATES: Comments must be received on or before August 6, 2012. ADDRESSES: Comments on this application may be mailed or delivered to the FAA at the following address: Dave Roberts, Federal Aviation Administration, Northwest Mountain Region, Airports Division, Seattle Airports District Office, 1601 Lind Avenue SW., Suite 250, Renton, Washington 98057–3356. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Port of Portland at the following address: Steve Nagy, Hillsboro Airport Manager, Port of Portland, 7200 NE. Airport Way, Portland, OR 97218. SUMMARY: DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending June 23, 2012 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2007– 0066. Date Filed: June 18, 2012. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: July 9, 2012. Description: Application of Hainan Airlines Co., Ltd. (‘‘Hainan Airlines’’) requesting the Department amend its PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Pages 39792-39793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16538]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


In the Matter of Apogee Technology, Inc.; Order of Suspension of 
Trading

July 2, 2012.
    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 not filed any 
periodic reports since the period ended June 30, 2011.
    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, and any equity securities of 
any entity purporting to succeed to this issuer.
    Therefore, it is ordered, pursuant to Section 12(k) of the 
Securities Exchange Act of 1934, that trading in the

[[Page 39793]]

securities of the above-listed company, and any equity securities of 
any entity purporting to succeed to this issuer, is suspended for the 
period from 9:30 a.m. EDT on July 2, 2012, through 11:59 p.m. EDT on 
July 16, 2012.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-16538 Filed 7-2-12; 11:15 am]
BILLING CODE 8011-01-P
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