Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 10925 

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. 

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 

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. 

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. 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
10926 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The 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. 

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. 

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 

http://www.msrb.org/Rules-andInterpretations/SEC-Filings/2011- 

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. 

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 


srobinson on DSKHWCL6B1PROD with NOTICES