53696 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices 

7The Commission limited the de minimis 

exemption to these two securities because they 

share certain characteristics that may make 

immediate execution of their shares highly 

desirable to certain investors. In particular, trading 

in the two ETFs is highly liquid and market 

participants may value an immediate execution at 

a displayed price more than the opportunity to 

obtain a slightly better price. Unlike prior orders, 

the December 2004 extension of the de minimis 

exemption applied only to the DIA and the SPY, 

and not the QQQ, because, on December 1, 2004, 

trading of the QQQ transferred from the American 

Stock Exchange to Nasdaq, and thus trades in the 

QQQ ceased to be subject to the trade-through 

provisions of the ITS Plan. Accordingly, an 

exemption for the QQQ was no longer necessary. 

See December 2004 Order. 

8See Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496 (June 29, 2005). 9 17 CFR 242.608(e). 

funds (‘‘ETFs’’), the Dow Jones 

Industrial Average ETF (‘‘DIA’’) and the 

Standard & Poor’s 500 Index ETF 

(‘‘SPY’’).7 By its terms, the December 

2004 Order continued the exemption 

from the trade-through provisions of the 

ITS Plan of any transactions in the two 

ETFs that are effected at prices at or 

within three cents away from the best 

bid and offer quoted in the Consolidated 

Quote System (‘‘CQS’’) for a period of 

nine months, which ended on 

September 4, 2005. 

Our August 2002, May 2003, March 

2004, and December 2004 orders 

discussed our basis for determining that 

issuing and extending the de minimis 

exemption was consistent with the 

public interest, the protection of 

investors, the maintenance of fair and 

orderly markets and the removal of 

impediments to, and perfection of the 

mechanisms of, a national market 

system. The December 2004 Order 

further noted that: 

In March 2004 and in May 2003, the 

Commission extended the three cent de 

minimis exemption for additional ninemonth periods, in order to assess trading data 

associated with the de minimis exemption 

and to consider whether to adopt the de 

minimis exemption on a permanent basis, to 

adopt some other alternative solution, or to 

allow the exemption to expire. As a result of 

its review of trading data associated with the 

de minimis exemption, the Commission has 

proposed, as part of its market structure 

initiatives, Regulation NMS under the Act, 

which would include a new rule relating to 

trade-throughs. 

On April 6, 2005, the Commission 

approved Regulation NMS under the 

Act.8 In Regulation NMS, the 

Commission adopted an approach that, 

among other things, protects only 

automated quotations and excludes 

manual quotations from trade-through 

protection, and renders the de minimis 

exemption unnecessary. However, until 

Regulation NMS is implemented in this 

regard, the reasons for maintaining the 

de minimis exemption in effect continue 

to be valid. 

Therefore, to maintain the status quo 

and avoid requiring market participants 

to make short-term trading or 

programming changes pending such 

implementation, it is appropriate to 

extend the de minimis exemption 

through June 28, 2006, the day before 

the first scheduled date of that 

implementation under Regulation NMS. 

The Commission will consider whether 

to extend the de minimis exemption 

further if the DIA or the SPY are not 

chosen to be included in the NMS 

compliance phase that begins on June 

29, 2006. The Commission emphasizes, 

as it did in the December 2004 Order, 

the March 2004 Order, the May 2003 

Order, and the August 2002 Order, that 

the de minimis exemption does not 

relieve brokers and dealers of their best 

execution obligations under the federal 

securities laws and SRO rules. 

Accordingly, it is ordered, pursuant to 

Section 11A of the Act and Rule 608(e) 

thereunder,9 that participants of the ITS 

Plan and their members are hereby 

exempt from Section 8(d) of the ITS 

Plan during the period covered by this 

Order with respect to transactions in 

DIAs and SPYs that are executed at a 

price that is no more than three cents 

lower than the highest bid displayed in 

CQS and no more than three cents 

higher than the lowest offer displayed in 

CQS. This Order extends the de minimis 

exemption from September 4, 2005 

through June 28, 2006. 

By the Commission. 

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–17954 Filed 9–6–05; 4:12 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Order of Suspension of Trading 

September 7, 2005. 

In the Matter of Advanced Media, Inc., Air 

Packaging Technologies, Inc., American Film 

Technologies, Inc., American Plastics & 

Chemicals, Inc., AmeriQuest Technologies, 

Inc., Apparel Technologies, Inc., BPI 

Packaging Technologies, Inc., Chantal 

Pharmaceutical Corp., CML Group, Inc., 

Compositech, Ltd., Crown Laboratories, Inc., 

DBS Industries, Inc., Dental Medical 

Diagnostic Systems, Inc., Dispatch 

Management Services Corp., Eglobe, Inc., 

Enamelon, Inc., Finantra Capital, Inc., First 

Scientific, Inc., Hayes Corp., Hybrid 

Networks, Inc., iPrint Technologies, Inc., 

Microage, Inc., MigraTEC, Inc., Network 

Computing Devices, Inc., Pacific Systems 

Control Technology, Inc., Paracelsian, Inc., 

Pharmaprint, Inc., Pinnacle Micro, Inc., 

Semiconductor Laser International Corp., 

Socrates Technologies Corp., Star 

Technologies, Inc., Sunrise Technologies 

International, Inc., Telemonde, Inc., 

thehealthchannel.com, Inc., Transmedia Asia 

Pacific, Inc., Tristar Corp., VDC 

Communications, Inc., Vianet Technologies, 

Inc., and Visionamerica, Inc. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Advanced 

Media, Inc., because it is delinquent in 

its periodic filing obligations under 

Section 13(a) of the Securities Exchange 

Act of 1934, having not filed a periodic 

report since the period ending 

September 30, 1998. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Air 

Packaging Technologies, Inc., because it 

is delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending September 30, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Film Technologies, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending September 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Plastics & Chemicals, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending August 31, 1995. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of AmeriQuest 

Technologies, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending December 31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Apparel 

Technologies, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices 53697 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending February 28, 1998. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of BPI 

Packaging Technologies, Inc., because it 

is delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending September 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Chantal 

Pharmaceutical Corp., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending March 31, 1998. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of CML Group, 

Inc., because it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending July 31, 1998. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Compositech, Ltd., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending September 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Crown 

Laboratories, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending June 30, 1998. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of DBS 

Industries, Inc., because it is delinquent 

in its periodic filing obligations under 

Section 13(a) of the Securities Exchange 

Act of 1934, having not filed a periodic 

report since the period ending March 

31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Dental 

Medical Diagnostic Systems, Inc., 

because it is delinquent in its periodic 

filing obligations under Section 13(a) of 

the Securities Exchange Act of 1934, 

having not filed a periodic report since 

the period ending December 31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Dispatch 

Management Services Corp., because it 

is delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending September 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Eglobe, Inc., 

because it is delinquent in its periodic 

filing obligations under Section 13(a) of 

the Securities Exchange Act of 1934, 

having not filed a periodic report since 

the period ending September 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Enamelon, 

Inc., because it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending December 31, 

1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Finantra 

Capital, Inc., because it is delinquent in 

its periodic filing obligations under 

Section 13(a) of the Securities Exchange 

Act of 1934, having not filed a periodic 

report since the period ending 

September 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of First 

Scientific, Inc., because it is delinquent 

in its periodic filing obligations under 

Section 13(a) of the Securities Exchange 

Act of 1934, having not filed a periodic 

report since the period ending 

December 31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Hayes 

Corp., because it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending October 3, 1998. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Hybrid 

Networks, Inc., because despite a June 

29, 2000 court order permanently 

enjoining it against future violations of 

Section 13(a) of the Securities and 

Exchange Act of 1934 and Rules 13a–1 

and 13a–13 thereunder, it is delinquent 

in its periodic filing obligations under 

Section 13(a) of the Securities Exchange 

Act of 1934, having not filed a periodic 

report since the period ending March 

31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of iPrint 

Technologies, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending June 30, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Microage, 

Inc., because it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending July 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of MigraTEC, 

Inc., because it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending June 30, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Network 

Computing Devices, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending March 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Pacific 

Systems Control Technology, Inc., 

because it is delinquent in its periodic 

filing obligations under Section 13(a) of 

the Securities Exchange Act of 1934, 

having not filed a periodic report since 

the period ending September 30, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Paracelsian, 

Inc., because it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending June 30, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Pharmaprint, Inc., because it is 

53698 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices 

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

2 17 CFR 240.19b–4. 

3 3 Amendment No. 1 clarified the scope of NASD 

Rule 4720 prior to adoption of the proposed rule 

change, corrected typographical errors, and made 

other clarifying changes in response to comments 

from the Commission staff. 

4 15 U.S.C. 78s(b)(3)(A). 

5 17 CFR 240.19b–4(f)(5). 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending December 31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Pinnacle 

Micro, Inc., because despite an October 

3, 1997 Commission cease-and-desist 

order against future violations of 

Section 13(a) of the Securities Exchange 

Act of 1934 and Rules 13a–1 and 13a–

13 thereunder, it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending December 25, 

1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Semiconductor Laser International 

Corp., because it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending September 30, 

2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Socrates 

Technologies Corp., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending September 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Star 

Technologies, Inc., because despite a 

November 15, 1993 Commission ceaseand-desist order against future 

violations of Section 13(a) of the 

Securities Exchange Act of 1934 and 

Rules 13a–1 and 13a–13 thereunder, it 

is delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending September 30, 1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Sunrise 

Technologies International, Inc., 

because it is delinquent in its periodic 

filing obligations under Section 13(a) of 

the Securities Exchange Act of 1934, 

having not filed a periodic report since 

the period ending September 30, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Telemonde, 

Inc., because it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending June 30, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

thehealthchannel.com, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending September 30, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Transmedia 

Asia Pacific, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending December 31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Tristar 

Corp., because despite a September 29, 

1995 Commission cease-and-desist 

order against future violations of 

Section 13(a) of the Securities Exchange 

Act of 1934 and Rules 13a–1 and 13a–

13 thereunder, it is delinquent in its 

periodic filing obligations under Section 

13(a) of the Securities Exchange Act of 

1934, having not filed a periodic report 

since the period ending February 24, 

2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of VDC 

Communications, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending March 31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Vianet 

Technologies, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending 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 

Visionamerica, Inc., because it is 

delinquent in its periodic filing 

obligations under Section 13(a) of the 

Securities Exchange Act of 1934, having 

not filed a periodic report since the 

period ending June 30, 2000. 

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. EDT on September 7, 2005, through 

11:59 p.m. EDT on September 20, 2005. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 05–17991 Filed 9–7–05; 11:52 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–52376; File No. SR–NASD–

2005–102] 

Self-Regulatory Organizations; 

National Association of Securities 

Dealers, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change and Amendment No. 1 

Thereto To Allow Members To Report 

Certain Trades in Exchange-Listed 

Securities Through the Execution 

Services of the Nasdaq Market Center 

September 1, 2005. 

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 August 

26, 2005, the National Association of 

Securities Dealers, Inc. (‘‘NASD’’), 

through its subsidiary, The Nasdaq 

Stock Market, Inc. (‘‘Nasdaq’’), filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by Nasdaq. On 

August 31, 2005, Nasdaq filed 

Amendment No. 1 to the proposed rule 

change.3 Nasdaq filed the proposed rule 

change pursuant to Section 19(b)(3)(A) 

of the Act 4 and Rule 19b–4(f)(5) 5

thereunder, and therefore the proposed 

rule change is effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit