Federal Register / Vol. 72, No. 26 / Thursday, February 8, 2007 / Notices 6017 

5 15 U.S.C. 78k–1. 

6 17 CFR 242.608. 

7 15 U.S.C. 78k–1. 

8 15 U.S.C. 78k–1(a)(3)(B). 

9 17 CFR 242.608. 10 17 CFR 200.30–3(a)(29). 

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

2 17 CFR 240.19b–4. 

3Amendment No. 1 was improperly filed, and 

has no impact on this proposed rule change. 

4See Securities Exchange Act Release No. 54752 

(November 14, 2006), 71 FR 67410. 

5Five comment letters were submitted before 

publication of the notice in the Federal Register. 

See October 13, 2006 letter from David B. Armon, 

Chief Operating Officer (‘‘COO’’), PR Newswire, to 

Arnold Golub, Associate General Counsel (‘‘AGC’’), 

Nasdaq, and October 25, 2006 letter from Jon Olson, 

Chief Financial Officer (‘‘CFO’’), Xilinx, Inc. to 

Arnold Golub, AGC, Nasdaq. These two letters were 

included as exhibits to Amendment No. 2. See also 

November 3, 2006 letter from David B. Armon, 

COO, PR Newswire, to Arnold Golub, AGC, Nasdaq; 

November 3, 2006 letter from James R. Doty, Baker 

Botts LLP to Edward S. Knight, Executive Vice 

President (‘‘EVP’’), Nasdaq; November 15, 2006 

letter from Michael Nowlan, Chief Executive Officer 

(‘‘CEO’’), Market Wire to Christopher Cox, 

Chairman, SEC. 

The Commission received 117 letters after the 

publication of the notice but before Nasdaq filed 

Amendment No. 3: November 22, 2006 letter from 

Mark Borman, Vice President (‘‘VP’’)—Investor 

Relations (‘‘IR’’), ADC; November 22, 2006 letter 

from David Humphrey, Director of IR, Arkansas 

Best Corporation; November 22, 2006 letter from 

Paul Richins, VP of IR, Utah Medical Products, Inc.; 

November 22, 2006 letter from Ralph Walther, 

Controller, Brooklyn Federal Bancorp, Inc.; 

November 24, 2006 letter from Frank Cinatl, VP, 

Continued 

Exchange, Inc. (n/k/a NYSE Arca, Inc.), 

and Philadelphia Stock Exchange, Inc. 

The proposed amendment would add 

ISE as a participant to the Joint-SRO 

Plan. 

Section III(b) of the Joint-SRO Plan 

provides that a national securities 

exchange or national securities 

association may become a party to the 

Plan by: (i) Executing a copy of the Plan, 

as then in effect (with the only changes 

being the addition of the new 

participant’s name in Section II(a) of the 

Plan and the new participant’s singledigit code in Section VI(a)(1) of the 

Plan) and (ii) submitting such executed 

plan to the Commission for approval. 

ISE submitted a signed copy of the JointSRO Plan to the Commission in 

accordance with the procedures set 

forth in the Plan regarding new 

participants. 

The Commission finds that the 

amendment to the Joint-SRO Plan is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder. Specifically, the 

Commission finds that the proposed 

amendment is consistent with the 

requirements of Section 11A of the Act,5

and Rule 608 of Regulation NMS.6 The 

Plan established appropriate procedures 

for market centers to follow in making 

their monthly reports required pursuant 

to Rule 605 of Regulation NMS available 

to the public in a uniform, readily 

accessible, and usable electronic format. 

The amendment to include ISE as a 

participant in the Joint-SRO Plan should 

contribute to the maintenance of fair 

and orderly markets and remove 

impediments to and perfect the 

mechanisms of a national market system 

by facilitating the uniform public 

disclosure of order execution 

information by all market centers. The 

Commission believes that it is necessary 

and appropriate in the public interest, 

for the maintenance of fair and orderly 

markets, to remove impediments to, and 

perfect mechanisms of, a national 

market system to allow ISE to become 

a participant in the Joint-SRO Plan. The 

Commission finds, therefore, that 

approving the amendment to the JointSRO Plan is appropriate and consistent 

with Section 11A of the Act.7

III. Conclusion 

It is therefore ordered, pursuant to 

Section 11A(a)(3)(B) of the Act 8 and 

Rule 608 of Regulation NMS,9 that the 

amendment to the Joint-SRO Plan to add 

ISE as a participant is approved and ISE 

is authorized to act jointly with the 

other participants to the Joint-SRO Plan 

in planning, developing, operating, or 

regulating the Plan as a means of 

facilitating a national market system. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–2093 Filed 2–7–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of CyberKey Solutions, 

Inc.; Order of Suspension of Trading 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of CyberKey 

Solutions, Inc. (‘‘CyberKey’’) because of 

questions regarding the accuracy of 

assertions made by CyberKey, and 

others, in press releases and other 

public statements to investors, 

concerning among other things: (1) 

Contracts with the Department of 

Homeland Security and/or other 

government agencies, (2) revenues 

received pursuant to those contracts, 

and (3) accounts receivable generated by 

those contracts. 

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 from 9:30 a.m. EST February 5, 

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

February 16, 2007. 

By the Commission. 

Nancy M. Morris, 

Secretary. 

[FR Doc. 07–552 Filed 2–5–07; 11:18 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55202; File No. SR–

NASDAQ–2006–040] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing of Amendment No. 3 to the 

Proposed Rule Change, and Order 

Granting Accelerated Approval of 

Proposed Rule Change as Modified by 

Amendment Nos. 2 and 3 To Modify 

Certain Fees for Listing on The 

NASDAQ Stock Market and To Make 

Available Certain Products and 

Services 

January 30, 2007. 

I. Introduction 

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 

2, 2006, The NASDAQ Stock Market 

LLC (‘‘Nasdaq’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’ or ‘‘SEC’’) a proposed 

rule change to modify certain fees for 

listing on The Nasdaq Stock Market and 

to make available certain products and 

services. On October 30, 2006, Nasdaq 

filed Amendment No. 1.3 Nasdaq filed 

Amendment No. 2 on October 31, 2006. 

The Commission published notice of the 

proposed rule change, as amended, in 

the Federal Register on November 21, 

2006.4 The Commission received 131 

comment letters.5 On January 16, 2007, 


jlentini on PROD1PC65 with NOTICES