Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25887 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

The subject matter of the Closed 

Meeting scheduled for Thursday, May 

13, 2010 will be: 

Institution and settlement of injunctive 

actions; 

Institution of administrative proceedings; 

A litigation matter; and 

Other matters relating to enforcement 

proceedings. 

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) 

551–5400. 

Dated: May 6, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–11219 Filed 5–6–10; 4:15 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Order of Suspension of Trading; In the 

Matter of Alyn Corp., American 

HealthChoice, Inc., American Holding 

Investments, Inc., American Midland 

Corp., American Millennium Corp., 

American Pallet Leasing, Inc., 

American Patriot Funding, Inc. (f/k/a 

Referral Holdings Corp.), American 

Quantum Cycles, Inc., American Stellar 

Energy, Inc. (n/k/a Tara Gold 

Resources Corp.), Americare Health 

Scan, Inc. (f/k/a United Products 

International, Inc.), Amnex, Inc., and 

Amwest Environmental Group, Inc. 

May 6, 2010. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Alyn Corp. 

because it has not filed any periodic 

reports since the period ended March 

31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

HealthChoice, Inc. because it has not 

filed any periodic reports since the 

period ended June 30, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Holding Investments, Inc. because it has 

not filed any periodic reports since the 

period ended December 31, 2004. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Midland Corp. because it has not filed 

any periodic reports since the period 

ended 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 American 

Millennium Corp. because it has not 

filed any periodic reports since the 

period ended April 30, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Pallet Leasing, Inc. because it has not 

filed any periodic reports since the 

period ended March 31, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Patriot Funding, Inc. (f/k/a Referral 

Holdings Corp.) because it has not filed 

any periodic reports since the period 

ended June 30, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Quantum Cycles, Inc. because it has not 

filed any periodic reports since the 

period ended July 31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Stellar Energy, Inc. (n/k/a Tara Gold 

Resources Corp.) because it has not filed 

any periodic reports since September 

30, 2007. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Americare 

Health Scan, Inc. (f/k/a United Products 

International, Inc.) because it has not 

filed any periodic reports during the 

following periods: Since the period 

ended September 30, 2008; from the 

period ended March 31, 2004 through 

the period ended December 31, 2005; 

and from the period ended December 

31, 1997 through the period ended June 

30, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Amnex, Inc. 

because it has not filed any periodic 

reports since March 31, 1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Amwest 

Environmental Group, Inc. because it 

has not filed any periodic reports since 

May 31, 1997. 

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 May 6, 2010, through 11:59 

p.m. EDT on May 19, 2010. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2010–11111 Filed 5–6–10; 11:15 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62026; File No. SR– 

NYSEArca–2010–33] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change, as Modified 

by Amendment No. 1, by NYSE Arca, 

Inc. Amending Rule 4, Capital 

Requirements, Financial Reports, 

Margins 

May 4, 2010. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on April 22, 

2010, NYSE Arca, Inc. (‘‘NYSE Arca’’ or 

the ‘‘Exchange’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the self-regulatory 

organization. On April 29, 2010, the 

Exchange filed Amendment No. 1 to the 

proposed rule change. The Commission 

is publishing this notice to solicit 

comments on the proposed rule change, 

as amended, from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

certain financial rules contained in Rule 

4. A copy of this filing is available on 

the Exchange’s Web site at http:// 

www.nyse.com, at the Exchange’s 

principal office and at the Commission’s 

Public Reference Room. 


jlentini on DSKJ8SOYB1PROD with NOTICES
25888 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 

4The Exchange notes that Securities Exchange 

Act Rule 15c3–1 requires that every broker or dealer 

shall at all times have and maintain certain 

specified levels of net capital. The Exchange further 

notes that to the extent a broker-dealer fails to 

maintain at least the amount of net capital specified 

in Rule 15c3–1, it must cease doing a securities 

business. See 72 FR 12862, at 12872. 

5See Securities Exchange Act Release No. 60933 

(November 4, 2009), 74 FR 58334 (November 12, 

2009) (Order Approving of SR–FINRA–2008–067). 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A)(iii). 

9 17 CFR 240.19b–4(f)(6). 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s intent 

to file the proposed rule change along with a brief 

description and text of the proposed rule change, 

at least five business days prior to the date of filing 

of the proposed rule change, or such shorter time 

as designated by the Commission. The Exchange 

has satisfied the pre-filing requirement. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to update its 

minimum net capital requirements in 

Rule 4.1. Currently, Rule 4.1 does not 

address OTP Holders that are not 

subject to the net capital requirements 

of Rule 15c3–1 of the Securities 

Exchange Act. The Exchange proposes 

to amend NYSE Arca Rule 4.1 by adding 

a provision that requires OTP Holders 

that are not subject to the net capital 

requirements of Rule 15c3–1 to meet an 

initial minimum ownership equity 

requirement of $25,000 per Market 

Maker as defined by Rule 6.32. The rule 

will further require an OTP Holder to 

meet a minimum ownership equity 

maintenance requirement of $15,000 per 

Market Maker. The minimum 

ownership equity will be calculated 

using Generally Accepted Accounting 

Principles (GAAP). The Exchange also 

proposes to require firms that fail to 

meet the minimum ownership equity 

requirement to notify the corporation in 

writing promptly upon discovery of the 

failure. This proposed rule establishes a 

minimum equity requirement for Market 

Maker OTP firms not subject to the net 

capital requirements of Exchange Act 

Rule 15c3–1. 

The Exchange also proposes to add to 

Rule 4.1 subsection (c) that requires 

OTP Holders to suspend all business 

operations during any period in which 

it is not in compliance with the net 

capital or minimum ownership equity 

requirements of 4.1(a) or 4.1(b).4 This 

new requirement is based in part on 

FINRA Rule 4110(b)(1).5

The Exchange proposes to amend 

NYSE Arca Rules 4.5(a) to remove the 

reference to a date that has past and is 

no longer applicable. The Exchange also 

proposes to amend the headings of Rule 

4.5(b), (c), and (d) to more accurately 

reflect the applicability of each 

subsection. Finally, the Exchange 

proposes to add language to subsections 

(b) and (e) of the Rule that will require 

OTP Holders filing those reports to 

maintain original copies of such reports 

with manual signatures. These changes 

clarify the requirements of Rule 4.5 and 

increase regulatory efficiency by 

offering OTP Holders a uniform 

standard for filing FOCUS Reports. 

Finally, the Exchange will amend 

Rule 4.7 to eliminate a circular rule 

reference. The Exchange will replace the 

reference in 4.7(a) to Rule 4.1 with a 

reference to Exchange Act Rule 15c3– 

1(b). 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) of the Exchange Act,6 in general, 

and furthers the objectives of Section 

6(b)(5) 7 in particular in that it is 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, 

and to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system. The proposed changes create 

additional investor protections by 

enhancing the capital requirements, 

notification, and recordkeeping 

provisions of certain NYSE Arca rules. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act8 and Rule 

19b–4(f)(6) thereunder.9 Because the 

proposed rule change does not: (i) 

Significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

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

of the Act10 and Rule 19b–4(f)(6)(iii) 

thereunder.11

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change, as amended, is consistent with 

the Act. Comments may be submitted by 

any of the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

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

Number SR–NYSEArca–2010–33 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NYSEArca–2010–33. This 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25889 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 61759 

(March 23, 2010), 75 FR 15758 (‘‘Notice’’). 

4 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. 15 U.S.C. 78c(f). 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(5). 

7 15 U.S.C. 78s(b)(2). 

file number should be included on the 

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

Commission 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/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of such filing 

also will be available for inspection and 

copying at the principal office of 

NYSEArca. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR– 

NYSEArca–2010–33 and should be 

submitted on or before June 1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–10957 Filed 5–7–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62019; File No. SR– 

NYSEArca–2010–16] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Order Granting Approval of 

Proposed Rule Change Amending Rule 

6.37A and Rule 6.64 

April 30, 2010. 

On March 11, 2010, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ or ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) a proposed 

rule change pursuant to Section 19(b)(1) 

of the Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 2 thereunder to 

amend the bid-ask differentials for 

market maker quotations outlined in 

NYSE Arca Rule 6.37A(b)(4) and amend 

NYSE Arca Rule 6.64(b) to establish bidask parameters in the OX System to be 

used during the opening auction process 

(‘‘Auction’’) and to implement an 

associated conforming change to NYSE 

Arca Rule 6.87. The proposed rule 

change was published for comment in 

the Federal Register on March 30, 

2010.3 The Commission received no 

comment letters regarding the proposal. 

This order approves the proposed rule 

change. 

Currently, NYSE Arca Rule 

6.37A(b)(4) specifies the bid-ask 

differential requirements applicable to 

market maker quotations when 

electronically bidding and offering on 

the OX System during an Auction. The 

Exchange now proposes to replace the 

applicable bid-ask differentials for 

market maker quoting obligations 

during an Auction, with the $5 quote 

differential that is in place at all other 

times. 

NYSE Arca also proposes to establish 

parameters for the opening auction as 

described in Rule 6.64. Pursuant to this 

proposed rule change, the OX System 

will not conduct an Auction in a given 

series unless the composite NYSE Arca 

bid-ask is within an acceptable range. 

For the purposes of the Auction, an 

acceptable range will be the bid-ask 

parameters pursuant to Rule 

6.37(b)(1)(A)–(E). These bid-ask 

differentials are identical to the existing 

legal width differentials for market 

maker Auction quotations which this 

filing proposes to delete. The Exchange 

represented that by establishing price 

protection parameters within the 

Auction process of the OX System, 

rather than just as a requirement for 

submitted quotes, customers and other 

market participants will be afforded a 

higher level of price protection than 

they presently have on NYSE Arca. 

In addition, the Exchange proposes a 

minor change to Rule 6.87—Obvious 

Errors and Catastrophic Errors. Rule 

6.87(b)(2)(B) presently contains a 

reference to bid-ask differentials 

pursuant to Rule 6.37A(b)(4)–(5). Due to 

the proposed changes contained in this 

filing related to the bid-ask differentials 

of Rule 6.37A(b)(4)–(5), the Exchange 

proposes to now reference the bid-ask 

differentials contained in Rule 

6.37(b)(1)(A)–(E). The bid-ask 

differentials of each rule are identical, 

therefore the change will not alter in 

any way the methods used by the 

Exchange when making obvious error 

determinations. 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange 4 and, in 

particular, the requirements of Section 6 

of the Act.5 Specifically, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act,6 which requires, 

among other things, that the rules of a 

national securities exchange be 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, 

and to remove impediments to and 

perfect the mechanisms of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

The Commission notes that the 

requirements provided under the 

Exchange’s current quote parameters 

applicable during the Auction are not 

being eliminated but instead are being 

transferred and integrated into the 

Auction process itself. Pursuant to the 

proposed rule change, the OX System 

will not conduct an Auction in a given 

series unless the BBO is within an 

acceptable range, delineated by the 

parameters in NYSE Arca Rule 

6.37(b)(1)(A)–(E), the identical width 

differentials for market maker Auction 

quotations that currently exist. The 

Commission believes that establishing 

parameters in the Auction process itself 

instead should enhance efficiency in 

pricing for customers and other market 

participants. Lastly, the proposed 

conforming changes to NYSE Arca Rule 

6.87 are not substantive and thus do not 

raise any regulatory concerns. For these 

reasons, the Commission finds that the 

proposed changes are consistent with 

the Act. 

Therefore, it is ordered, pursuant to 

Section 19(b)(2) of the Act,7 that the 

proposed rule change (SR–NYSEArca– 

2010–16) is hereby approved. 


jlentini on DSKJ8SOYB1PROD with NOTICES