3948 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold an Open Meeting 

on January 27, 2010 at 10 a.m., in the 

Auditorium, Room L–002. 

The subject matter of the Open 

Meeting will be: 

Item 1: The Commission will consider 

a recommendation to adopt new rules, 

rule amendments, and a new form 

under the Investment Company Act of 

1940 governing money market funds, to 

increase the protection of investors, 

improve fund operations, and enhance 

fund disclosures. 

Item 2: The Commission will consider 

a recommendation to publish an 

interpretive release to provide guidance 

to public companies regarding the 

Commission’s current disclosure 

requirements concerning matters 

relating to climate change. 

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: January 20, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–1434 Filed 1–21–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a Closed Meeting 

on Thursday, January 28, 2010 at 2 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Aguilar, as duty 

officer, voted to consider the items 

listed for the Closed Meeting in a closed 

session. 

The subject matter of the Closed 

Meeting scheduled for Thursday, 

January 28, 2010 will be: 

Institution and settlement of injunctive 

actions; 

Institution and settlement of 

administrative proceedings; 

adjudicatory matters; 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: January 21, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–1456 Filed 1–21–10; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Big Sky Energy Corp., Biomedical 

Waste Systems, Inc., Biometrics 

Security Technology, Inc., Biosys, Inc., 

Bolder Technologies Corp., Boyds 

Wheels, Inc., Breakaway Solutions, 

Inc., and BRE–X Minerals, Ltd.; Order 

of Suspension of Trading 

January 21, 2010. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Big Sky 

Energy Corp. because it has not filed 

any periodic reports since the period 

ended December 31, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Biomedical 

Waste Systems, Inc. because it has not 

filed any periodic reports since the 

period ended March 31, 1995. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Biometrics 

Security Technology, Inc. because it has 

not filed any periodic reports since 

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 Biosys, Inc. 

because it has not filed any periodic 

reports since the period ended 

September 30, 1996. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Bolder 

Technologies Corp. because it has not 

filed any periodic reports since the 

period ended 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 Boyds 

Wheels, Inc. because it has not filed any 

periodic reports since the period ended 

September 30, 1997. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Breakaway 

Solutions, Inc. 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 BRE–X 

Minerals, Ltd. because it has not filed 

any periodic reports since the period 

ended August 19, 1996. 

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. EST on January 21, 2010, through 

11:59 p.m. EST on February 3, 2010. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2010–1441 Filed 1–21–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61371; File No. SR– 

NASDAQ–2010–005] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing of Proposed Rule Change To 

Amend Rules 3330 and 9810 To Reflect 

Changes to Corresponding FINRA 

Rules 

January 15, 2010. 

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

Securities Exchange Act of 1934 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 3949 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4See Securities Exchange [sic] Release No. 61087 

(December 1, 2009), 74 FR 65190 (December 9, 

2009)(SR–FINRA–2009–078)(notice of filing and 

immediate effectiveness). 

5See Securities Exchange Act Release No. 60648 

(September 10, 2009), 74 FR 47837 (September 17, 

2009)(SR–FINRA–2009–048)(order approving 

adoption of FINRA Rule 5230). 

6See Securities Exchange Act Release No. 60701 

(September 21, 2009); 74 FR 49425 (September 28, 

2009)(SR–FINRA–2009–014)(order approving 

adoption of FINRA Rule 2150). 

7Supplementary Material to FINRA Rule 2150 

states: (i) A ‘‘guarantee’’ extended to all holders of 

a security by an issuer as part of that security 

generally would not be subject to the prohibition 

against guarantees and that a permissible sharing 

arrangement remains subject to other applicable 

FINRA rules; (ii) the rule does not preclude a 

member from determining on an after-the-fact basis, 

to reimburse a customer for transaction losses, 

provided however that the member shall comply 

with all reporting requirements that may be 

applicable to such payment; (iii) the rule does not 

preclude a member from correcting a bona fide 

error; and (iv) the required written authorization(s) 

shall be preserved for a period of at least six years 

after the date the account is closed, which is 

consistent with the retention period under the Act 

for similar records. 

8See Securities Exchange [sic] Release No. 61128 

(December 8, 2009), 74 FR 66191 (December 14, 

2009)(SR–NASDAQ–2009–106)(notice of filing and 

immediate effectiveness). 

9 15 U.S.C. 78f. 

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

notice is hereby given that on January 

13, 2010, The NASDAQ Stock Market 

LLC (the ‘‘Exchange’’ or ‘‘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 the Exchange. 

The Exchange has designated the 

proposed rule change as constituting a 

non-controversial rule change under 

Rule 19b–4(f)(6) under the Act,3 which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

The Exchange is filing this proposed 

rule change to amend NASDAQ Rules 

3330 (Payment Designed to Influence 

Market Prices, Other than Paid 

Advertising) and 9810 (Initiation of 

Proceeding) to reflect recent changes to 

corresponding rules of the Financial 

Industry Regulatory Authority 

(‘‘FINRA’’). The text of the proposed rule 

change is available at http:// 

nasdaqomxbx.cchwallstreet.com, at the 

Exchange’s principal office, and at the 

Commission’s Public Reference Room. 

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 

Exchange 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 these 

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 aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Many of NASDAQ’s rules are based 

on rules of FINRA (formerly the 

National Association of Securities 

Dealers (‘‘NASD’’)). During 2008, FINRA 

embarked on an extended process of 

moving rules formerly designated as 

‘‘NASD Rules’’ into a consolidated 

FINRA rulebook. In most cases, FINRA 

has renumbered these rules, and in 

some cases has substantively amended 

them. Accordingly, NASDAQ also 

proposes to initiate a process of 

modifying its rulebook to ensure that 

NASDAQ rules corresponding to 

FINRA/NASD rules continue to mirror 

them as closely as practicable. In some 

cases, it will not be possible for the rule 

numbers of NASDAQ rules to mirror 

corresponding FINRA rules, because 

existing or planned NASDAQ rules 

make use of those numbers. However, 

wherever possible, NASDAQ plans to 

update its rules to reflect changes to 

corresponding FINRA rules. 

This filing addresses NASDAQ Rules 

3330 (Payment Designed to Influence 

Market Prices, Other than Paid 

Advertising) and 9810 (Initiation of 

Proceeding) to update cross-references 

to corresponding rules of FINRA. 

In SR–FINRA–2009–078,4 FINRA 

made changes that reflected, among 

other things, incorporation into the 

consolidated FINRA rulebook of NASD 

Rule 3330 as FINRA Rule 5230 

(Payments Involving Publications that 

Influence the Market Price of a 

Security) 5 and NASD Rule 2330 as 

FINRA Rule 2150 (Improper Use of 

Customers’ Securities or Funds; 

Prohibition Against Guarantees and 

Sharing in Accounts).6

NASD Rule 3330 prohibits a member 

from giving, or offering to give, anything 

of value to any person for the purpose 

of influencing or rewarding the action of 

such person in connection with the 

publication or circulation in any 

newspaper, investment service, or 

similar publication, of any matter that 

has, or is intended to have, an effect 

upon the market price of any security; 

and provides an exception for any 

matter that is clearly distinguishable as 

paid advertising. As part of transferring 

NASD Rule 3330 into the consolidated 

FINRA rulebook as FINRA Rule 5230, 

FINRA proposed two changes to the rule 

to modernize its terms and clarify its 

scope by: (a) Updating the list of media 

to which the rule refers to include 

electronic and other types of media, 

including magazines, Web sites, and 

television programs; and (b) expanding 

the exceptions in the rule beyond paid 

advertising to also include 

compensation paid in connection with 

research reports and communications 

published in reliance on Section 17(b) 

of the Securities Act of 1933 (the ‘‘1933 

Act’’). 

NASDAQ is, by this filing, renumbering its Rule 3330 to Rule 5230A 

and upgrading its rule by clarifying that 

the media the rule refers to includes 

electronic and other types of media and 

expanding the exceptions in the rule 

beyond paid advertising. 

NASD Rule 2330 prohibits members 

and associated persons from: (a) Making 

improper use of a customer’s securities 

or funds; (b) guaranteeing a customer 

against loss in connection with any 

securities transaction or in any 

securities account of the customer; and 

(c) sharing in the profits or losses in the 

customer’s account except under certain 

limited conditions specified in the Rule. 

As part of transferring NASD Rule 2330 

into the consolidated FINRA rulebook 

as FINRA Rule 2150, FINRA proposed 

minor changes to Rule 2150(c) and 

added Supplementary Information to 

the rule that codified existing staff 

guidance in respect of when a guarantee 

is not subject to prohibition, when a 

member can reimburse for transaction 

losses, correction of bona fide errors, 

and preservation of written 

authorizations.7

NASDAQ has proposed, in a recent 

immediately effective filing,8 to renumber its Rule 2330 and IM–2330 to 

Rule 2150 and IM–2150, respectively; 

clarify cross-references in its rule and 

IM; and reflect the changes to FINRA 

Rule 2150. NASDAQ is, by this filing, 

clarifying the cross-reference in its Rule 

9810 to NASDAQ Rule 2150. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,9


jlentini on DSKJ8SOYB1PROD with NOTICES
3950 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 

10 15 U.S.C. 78f(b)(5). 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(6). 13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Securities Exchange Act Release No. 61024 

(November 18, 2009), 74 FR 61395 (November 24, 

2009). 

4 ISE began trading FX options on April 17, 2007. 

See Securities Exchange Act Release No. 55575 

(April 3, 2007), 72 FR 17963 (April 10, 2007) (SR– 

ISE–2006–59) (the ‘‘FX Options Order’’). 

in general, and with Sections 6(b)(5) of 

the Act,10 in particular, in that the 

proposal 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 regulating, clearing, settling, 

processing information with respect to, 

and facilitating transactions in 

securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. The 

proposed changes will conform 

NASDAQ Rules 3330 and 9810 to recent 

changes made to several corresponding 

FINRA rules, to promote application of 

consistent regulatory standards. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing 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 for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 11 and Rule 19b– 

4(f)(6) thereunder.12

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 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–NASDAQ–2010–005 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NASDAQ–2010–005. This 

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 inspection and copying in 

the Commission’s Public Reference 

Room 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 NASDAQ. 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– 

NASDAQ–2010–005 and should be 

submitted on or before February 16, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–1267 Filed 1–22–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61368; File No. SR–ISE– 

2009–87] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Order Approving Proposed Rule 

Change Relating to Foreign Currency 

Options 

January 15, 2010. 

I. Introduction 

On October 27, 2009, the International 

Securities Exchange, LLC (‘‘ISE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

amend its rules regarding Foreign 

Currency Options (‘‘FX Options’’) to 

permit the Exchange to list a single 

strike price of one cent ($0.01) for each 

expiration month for FX Options 

opened for trading on the Exchange. The 

proposed rule change was published for 

comment in the Federal Register on 

November 24, 2009.3 The Commission 

received no comment letters on the 

proposal. This order approves the 

proposed rule change. 

II. Description of the Proposal 

ISE Rule 2205 governs the opening for 

trading of series of FX Options.4

Pursuant to ISE Rule 2205, after a class 

of options contracts on any underlying 

currency pair has been approved for 

listing and trading, the Exchange may 

open for trading series of FX Options 

that expire in consecutive monthly 

intervals, in three or ‘‘cycle’’ month 

intervals, or that have up to 36 months 

to expiration. The Exchange also may 

open additional consecutive month 

series of the same class for trading at or 

about the time a prior consecutive 

month series expires. 

ISE now proposes to amend ISE Rule 

2205 to allow the Exchange to list a 

single strike price of one cent ($0.01) for 

each expiration month for FX Options 

opened for trading on the Exchange. The 

proposed one cent strike would be in 

addition to the strike prices listed by the 

Exchange pursuant to ISE Rule 2205. 


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