Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 5497

5 17 CFR 200.30–3(a)(1).

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

2 17 CFR 240.19b–4.

3See Letter from Mignon McLemore, NASD, to 

Catherine McGuire, SEC (January 5, 2005).

4NLSS is the computer program NASD uses to 

select arbitrators on a rotational basis. It has been 

in use since November 1998.

5NASD Dispute Resolution has filed with the 

SEC a proposed rule change to the Code to 

reorganize the current rules, simplify the language, 

codify current practices, and implement several 

substantive changes. The rule filing was submitted 

in three parts: Customer Code, Industry Code, and 

Mediation Code. The Customer Code was filed on 

October 15, 2003, and amended on January 3, 2005 

and January 19, 2005 (SR–NASD–2003–158); the 

Industry Code was filed on January 16, 2004, and 

amended on February 26, 2004 and January 3, 2005 

(SR–NASD–2004–011). The Mediation Code was 

filed on January 23, 2004, and amended on January 

3, 2005 (SR–NASD–2004–013). It does not contain 

any provisions concerning the NLSS. The three new 

codes will replace the current Code in its entirety. 

The Code revision is undergoing SEC staff review 

and has not yet been published for comment.

Electronic Comments 

• Send an e-mail to rulecomments@sec.gov. Please include the 

File Number 1–09274 or; 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

450 Fifth Street, NW., Washington, DC 

20549–0609. All submissions should 

refer to File Number 1–09274. This file 

number should be included on the 

subject line if e-mail is used. To help us 

process and review your comments 

more efficiently, please use only one 

method. The Commission will post all 

comments on the Commission’s Internet 

Web site (http://www.sec.gov/rules/

delist.shtml). Comments are also 

available for public inspection and 

copying in the Commission’s Public 

Reference Room. All comments received 

will be posted without change; we do 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

The Commission, based on the 

information submitted to it, will issue 

an order granting the application after 

the date mentioned above, unless the 

Commission determines to order a 

hearing on the matter.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.5

Jonathan G. Katz, 

Secretary.

[FR Doc. 05–1911 Filed 2–1–05; 8:45 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of Commanche 

Properties, Inc.; Order of Suspension 

of Trading 

January 31, 2005. 

It appears to the Securities and 

Exchange Commission that the public 

interest and the protection of investors 

require a suspension of trading in the 

securities of Commanche Properties, 

Inc. (‘‘Commanche’’). The Commission 

is concerned that Commanche may have 

unjustifiably relied on Rule 504 of 

Regulation D of the Securities Act of 

1933 in conducting an unlawful 

distribution of its securities which 

failed to comply with the resale 

restrictions of Regulation D. 

Commanche, a company that has made 

no public filings with the Commission, 

is quoted on the Pink Sheets under the 

ticker symbol CMCH, and has recently 

been the subject of spam e-mail touting 

the company’s shares. 

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. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the above 

listed company is suspended for the 

period from 9:30 a.m. e.s.t. January 31, 

2005 through 11:59 p.m. e.s.t., on 

February 11, 2005.

By the Commission. 

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. 05–2055 Filed 1–31–05; 11:48 am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–51083; File No. SR–NASD–

2004–164] 

Self-Regulatory Organizations; Notice 

of Filing and Order Granting 

Accelerated Approval of Proposed 

Rule Change and Amendment No. 1 

Thereto by National Association of 

Securities Dealers, Inc. Relating to the 

Random Selection of Arbitrators by the 

Neutral List Selection System 

January 26, 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 October 

28, 2004, the National Association of 

Securities Dealers, Inc. (‘‘NASD’’), 

through its subsidiary, NASD Dispute 

Resolution, Inc. (‘‘NASD Dispute 

Resolution’’), 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 NASD. On January 5, 2005, NASD 

filed Amendment No. 1 to the proposed 

rule change.3 The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons and is 

approving the proposal on an 

accelerated basis.

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

NASD Dispute Resolution proposes to 

amend Rule 10308 of the NASD Code of 

Arbitration Procedure (‘‘Code’’) to 

change the method used by the Neutral 

List Selection System (‘‘NLSS’’) 4 to 

select arbitrators from a rotational to a 

random selection function by 

incorporating the random selection 

provision of the proposed Customer and 

Industry Code revisions.5 Below is the 

text of the proposed rule change. 

Proposed new language is in italics; 

proposed deletions are in [brackets].

* * * * *

10308. Selection of Arbitrators 

This Rule specifies how parties may 

select or reject arbitrators, and who can 

be a public arbitrator. 

(a) Unchanged. 

(b) Composition of Arbitration Panel; 

Preparation of Lists for Mailing to 

Parties 

(1)–(3) Unchanged. 

(4) Preparation of Lists. 

(A) Except as provided in 

subparagraph (B) below, the Neutral List 

Selection System shall generate the lists 

of public and non-public arbitrators on 

a [rotating] random basis within a 

designated geographic hearing site and 

shall exclude arbitrators based upon 

conflicts of interest identified within the 

Neutral List Selection System database. 

(B) Unchanged. 

(5)–(6) Unchanged. 

(c)–(f) Unchanged.

* * * * *

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

NASD included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any