Federal Register / Vol. 72, No. 242 / Tuesday, December 18, 2007 / Notices 71725 

16With respect to this proposed Plan, the 

Participants may include an additional rule in the 

list of Common Rules on Exhibit A without having 

to file an amendment to the Plan with the 

Commission, as long as such rules of each 

Participant that are to be included in Exhibit A 

meet the definition of Common Rules contained in 

the Plan and are otherwise consistent with the 

allocation of regulatory responsibility pursuant to 

the terms of the Plan. 

17See Securities Exchange Act Release Nos. 

55145 (January 22, 2007), 72 FR 3882 (January 26, 

2007) (File No. S7–966) (notice) and 55532 (March 

26, 2007), 72 FR 15729 (April 2, 2007) (File No. S7–

966) (order). 

18 15 U.S.C. 78q(d). 

19 17 CFR 240.17d–2. 

20 17 CFR 200.30–3(a)(34). 

as Common Rules under the Plan. In 

reviewing the list of Common Rules, the 

Participants may add additional rules 

that qualify as Common Rules, will 

delete rules that are no longer identical 

or substantially similar to the Common 

Rules, and will confirm that the 

remaining rules included on Exhibit A 

continue to qualify as Common Rules. 

The Commission notes that all 

amendments to the Plan, excluding 

certain changes to Exhibits A and B, 

must be filed with and approved by the 

Commission.16

In addition, no less frequently than 

every two years, the OSG will allocate 

common members that conduct an 

options business among the 

Participants, and the Participant to 

which a common member is allocated 

will serve as the DOSR for that common 

member. The Plan also permits the 

Participants, subject to notice, to 

terminate the Plan or cancel their 

participation in the Plan. The 

Commission notes that a cancelling 

Participant will retain its regulatory 

responsibilities under the Plan until 

such time as the Commission has 

approved the cancellation or 

termination of the Plan. 

The Commission also notes that the 

proposed Plan is wholly separate from 

the multiparty options agreement made 

pursuant to Rule 17d–2 by and among 

Amex, BSE, CBOE, ISE, NASD (n/k/a 

FINRA), NYSE, NYSE Arca, and Phlx 

involving the allocation of regulatory 

responsibilities with respect to common 

members for compliance with common 

rules relating to the conduct of brokerdealers of accounts for listed options or 

index warrants entered into on 

December 1, 2006, and as may be 

amended from time to time.17

IV. Conclusion 

This Order gives effect to the Plan 

filed with the Commission in File No. 

4–551. The Participants shall notify all 

members affected by the Plan of their 

rights and obligations under the Plan. 

It is therefore ordered, pursuant to 

Section 17(d) of the Act,18 that the Plan 

in File No. 4–551 by and between 

Amex, BSE, CBOE, ISE, FINRA, NYSE 

Arca, and Phlx, filed pursuant to Rule 

17d–2 under the Act,19 is hereby 

approved and declared effective. 

It is further ordered that those SRO 

Participants that are not the DOSR as to 

a particular common member are 

relieved of those regulatory 

responsibilities allocated to the common 

member’s DOSR under the Plan. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.20

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–24467 Filed 12–17–07; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of: Avitech Life Sciences, 

Inc.; Order of Suspension of Trading 

December 14, 2007. 

It appears to the Securities and 

Exchange Commission that the market 

for the securities of Avitech 

LifeSciences, Inc. (‘‘Avitech,’’ trading 

symbol AVLF), may be reacting to 

manipulative forces or deceptive 

practices and that there is insufficient 

current public information about the 

issuer upon which an informed 

investment decision may be made, 

particularly concerning (1) the identity 

of and prior securities fraud judgments 

against persons who appear to be 

involved in the offer and sale of Avitech 

shares; (2) the financial performance 

and business prospects of Avitech; and 

(3) offerings to foreign investors and any 

restrictions on the resale of 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 abovelisted company is suspended for the 

period of 9:30 a.m. EST, December 14, 

2007 through 11:59 p.m. EST, on 

December 28, 2007. 

By the Commission. 

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. 07–6095 Filed 12–14–07; 12:26 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of: Green Machine 

Development Corp.; Order of 

Suspension of Trading 

December 14, 2007. 

It appears to the Securities and 

Exchange Commission that the market 

for the securities of Green Machine 

Development Corp. (‘‘Green Machine,’’

trading symbol GMVP), may be reacting 

to manipulative forces or deceptive 

practices and that there is insufficient 

current public information about the 

issuer upon which an informed 

investment decision may be made, 

particularly concerning (1) the identity 

of and prior securities fraud judgments 

against persons who appear to be 

involved in the offer and sale of Green 

Machine shares; (2) the financial 

performance and business prospects of 

Green Machine; and (3) offerings to 

foreign investors and any restrictions on 

the resale of 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 abovelisted company is suspended for the 

period of 9:30 a.m. EST, December 14, 

2007 through 11:59 p.m. EST, on 

December 28, 2007. 

By the Commission. 

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. 07–6096 Filed 12–14–07; 12:26 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of: Xiiva Holdings Inc.; 

Order of Suspension of Trading 

December 14, 2007. 

It appears to the Securities and 

Exchange Commission that the market 

for the securities of Xiiva Holdings, Inc. 

(‘‘Xiiva,’’ trading symbol XIVAF), may 

be reacting to manipulative forces or 

deceptive practices and that there is 

insufficient current public information 

about the issuer upon which an 

informed investment decision may be 

made, particularly concerning (1) the 

identity of and prior securities fraud 

judgments against persons who appear 

to be involved in the offer and sale of 


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