Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Notices 70291

1This threshold is designed to ensure that the 

largest companies with the most active market 

following comply with the current deadline and to 

provide needed relief to smaller companies. We 

believe that the accelerated filers with the relevant 

fiscal year ends and public equity float thresholds 

exceeding $700 million, representing approximately 

96% of the U.S. equity market capitalization, will 

be able to complete their internal control work by 

the existing Form 10–K deadline.

Commissioner Glassman, as duty 

officer, voted to consider the items 

listed for the closed meeting in closed 

session. 

The subject matter of the Closed 

Meeting scheduled for Thursday, 

December 9, 2004 will be:

Formal orders of investigations; 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings of an 

enforcement nature; and 

Amicus consideration.

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) 

942–7070.

Dated: November 29, 2004. 

Jonathan G. Katz, 

Secretary.

[FR Doc. 04–26777 Filed 12–1–04; 3:53 pm] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 50754] 

Securities Exchange Act of 1934; 

Order Under Section 36 of the 

Securities Exchange Act of 1934 

Granting an Exemption From Specified 

Provisions of Exchange Act Rules 

13a–1 and 15d–1

November 30, 2004. 

Starting with fiscal years ending on or 

after November 15, 2004, Commission 

rules require accelerated filers to 

include in their annual reports both a 

management report and auditor report 

on the effectiveness of a company’s 

internal control over financial reporting. 

The Commission has become 

increasingly concerned that many 

smaller accelerated filers may not be in 

a position to meet that deadline. 

Accordingly, to ensure that there is a 

continuing and orderly flow of annual 

report information to investors and the 

U.S. capital markets, and to ensure that 

certain annual report filers and their 

registered public accounting firms are 

able to file complete and accurate 

reports regarding the effectiveness of the 

filers’ internal control over financial 

reporting, the Commission has 

determined that the exemptions set 

forth below are necessary and 

appropriate in the public interest and 

consistent with the protection of 

investors. 

Accordingly, it is ordered, pursuant to 

Section 36 of the Securities Exchange 

Act of 1934 (the ‘‘Exchange Act’’), that, 

under the conditions below, an 

accelerated filer (as defined in Exchange 

Act Rule 12b–2) that has a fiscal year 

ending between and including 

November 15, 2004 and February 28, 

2005 is exempt from, and will therefore 

be in compliance with, the Exchange 

Act Rule 13a–1 or Rule 15d–1 

requirement, as applicable, to include in 

its annual report within the 75 day 

period specified in Form 10–K both 

Management’s annual report on internal 

control over financial reporting, 

required by Item 308(a) of Regulation S–

K, and the related Attestation report of 

the registered public accounting firm, 

required by Item 308(b) of Regulation S–

K. 

Conditions 

(a) The market value of the 

accelerated filer’s outstanding common 

equity held by non-affiliates was less 

than $700 million at the end of its 

second fiscal quarter in 2004;1

(b) The accelerated filer files all of the 

information required to be included in 

the Form 10–K report within the 75 day 

period specified in the form (or within 

the extended period permitted by 

Exchange Act Rule 12b–25 if the 

accelerated filer has satisfied the 

conditions of that rule), including all of 

the information required by Item 9A. 

Controls and Procedures, except that: 

Management’s annual report on internal 

control over financial reporting, 

required by Item 308(a) of Regulation S–

K, and the related Attestation report of 

the registered public accounting firm, 

required by Item 308(b) of Regulation S–

K, are not required to be filed; 

(c) The accelerated filer identifies the 

information that it has not filed as 

permitted by paragraph (b) of these 

conditions; 

(d) If the accelerated filer has 

identified a material weakness in its 

internal control over financial reporting, 

or the accelerated filer’s registered 

public accounting firm has identified 

such a material weakness and 

communicated this finding to the 

accelerated filer, before the Form 10–K 

is filed as required by paragraph (b) of 

these conditions, the accelerated filer 

must disclose this information in the 

filing required by paragraph (b) of these 

conditions; 

(e) The accelerated filer completes its 

Form 10–K by filing an amendment to 

the information required by paragraph 

(b) of these conditions not later than 45 

days after the end of the 75 day filing 

period specified in Form 10–K 

(regardless of whether the accelerated 

filer relied on Exchange Act Rule 12b–

25 to extend the 75 day filing period), 

to include the information that it did 

not file as permitted by paragraph (b) of 

these conditions; 

(f) The accelerated filer may not rely 

on Exchange Act Rule 12b–25 to extend 

the deadline for the Form 10–K 

amendment described in paragraph (e) 

of these conditions; and 

(g) For purposes of the Form S–2 and 

S–3 eligibility requirements, an 

accelerated filer relying on this 

exemption will not be considered to 

have timely filed its Form 10–K report 

until it has filed the Form 10–K 

amendment referenced in paragraph (e) 

of these conditions.

By the Commission. 

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–3455 Filed 12–2–04; 8:45 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Order of Suspension of Trading

In the Matter of Asset Equity Group, Inc., 

GEMZ Corp., Household Direct, Inc., 

International Brands, Inc., Interspace 

Enterprises, Inc., Mega Micro Technologies 

Group, Inc., and Vertical Computer Systems, 

Inc.

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of: 

(1) Asset Equity Group, Inc. because 

the company has been delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending December 

31, 2001; 

(2) GEMZ Corp.; 

(3) Household Direct, Inc. because the 

company has been delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending March 31, 

2002; 

(4) International Brands, Inc. because 

the company has been delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending December 

31, 2000; 

70292 Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / Notices 

(5) Interspace Enterprises, Inc. 

because the company has been 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending September 30, 2002; 

(6) Mega Micro Technologies Group, 

Inc. because the company has been 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending December 31, 2000; 

and 

(7) Vertical Computer Systems, Inc. 

because the company has been 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending September 30, 2003. 

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. 

e.s.t. on December 1, 2004, through 

11:59 p.m. e.s.t. on December 14, 2004.

By the Commission. 

Jonathan G. Katz, 

Secretary.

[FR Doc. 04–26715 Filed 12–1–04; 11:48 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Order of Suspension of Trading

In the Matter of Abacan Resources Corp., 

Advanced Solutions and Technologies, Inc., 

American Multiplexer Corp., Amitelo 

Communications, Inc., Comparator Systems 

Corp., Digi Link Technologies, Inc., DMT 

Energy, Inc., DrKoop.Com, Inc. Emerging 

Enterprise Solutions, Inc., Homeland 

Security Technology, Inc., First Pacific 

Networks, Inc., Heroes, Inc., Infotopia, Inc., 

JTS Corp., 1st Miracle Entertainment, Inc., 

Shaman Pharmaceuticals, Inc., United States 

Crude International, Inc., Webvan Group, 

Inc., and Whitehall Enterprises, Inc.;

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of: 

(1) Abacan Resources Corp. because 

the company has failed to file timely 

periodic reports with the Commission in 

violation of Section 13(a) of the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’) since the period 

ending September 30, 1999; 

(2) Advanced Solutions and 

Technologies, Inc. (F/k/a Indexonly 

Technologies, Inc.) because the 

company has failed to file timely 

periodic reports with the Commission in 

violation of Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending September 30, 2000; 

(3) American Multiplexer Corp. 

because the company has failed to file 

timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending September 

30, 2000; 

(4) Amitelo Communications, Inc. 

because the company has failed to file 

timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending December 

31, 1995; 

(5) Comparator Systems Corp. because 

the company has failed to file timely 

periodic reports with the Commission in 

violation of Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending December 31, 1997; 

(6) Digi Link Technologies, Inc. 

because the company has failed to file 

timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending June 30, 

2001; 

(7) DMT Energy, Inc. because the 

company has failed to file timely 

periodic reports with the Commission in 

violation of Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending November 30, 1999; 

(8) DrKoop.Com, Inc. because the 

company has failed to file timely 

periodic reports with the Commission in 

violation of Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending September 30, 2001; 

(9) Emerging Enterprise Solutions, 

Inc. because the company has failed to 

file timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending March 31, 

2000; 

(10) Homeland Security Technology, 

Inc. because the company has failed to 

file timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the registration of its 

securities became effective on May 26, 

1998; 

(11) First Pacific Networks, Inc. 

because the company has failed to file 

timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending September 

30, 1996; 

(12) Heroes, Inc. because the company 

has failed to file timely periodic reports 

with the Commission in violation of 

Section 13(a) of the Securities Exchange 

Act of 1934 since the period ending 

September 30, 2002; 

(13) Infotopia, Inc. because the 

company has failed to file timely 

periodic reports with the Commission in 

violation of Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending September 30, 2001; 

(14) JTS Corp. because the company 

has failed to file timely periodic reports 

with the Commission in violation of 

Section 13(a) of the Securities Exchange 

Act of 1934 since the period ending 

November 2, 1997; 

(15) 1st Miracle Entertainment, Inc. 

because the company has failed to file 

timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending January 

31, 2002; 

(16) Shaman Pharmaceuticals, Inc. 

because the company has failed to file 

timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending March 31, 

2001; 

(17) United States Crude 

International, Inc. because the company 

has failed to file timely periodic reports 

with the Commission in violation of 

Section 13(a) of the Securities Exchange 

Act of 1934 since the period ending 

December 31, 2000; 

(18) Webvan Group, Inc. because the 

company has failed to file timely 

periodic reports with the Commission in 

violation of Section 13(a) of the 

Securities Exchange Act of 1934 since 

the period ending March 31, 2001; and, 

(19) Whitehall Enterprises, Inc. 

because the company has failed to file 

timely periodic reports with the 

Commission in violation of Section 

13(a) of the Securities Exchange Act of 

1934 since the period ending June 30, 

2002. 

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. e.s.t. on December 1, 2004, through 

11:59 p.m. e.s.t. on December 14, 2004.