Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 54877 

the threshold security that is attributed 

to short sales effected by a registered 

options market maker to establish or 

maintain a hedge on options positions 

that were created before the security 

became a threshold security), shall 

immediately close out that fail to deliver 

position, including any adjustments to 

the fail to deliver position, within 35 

consecutive settlement days of the 

effective date of this amendment by 

purchasing securities of like kind and 

quantity; 

* * * * * 

(v) If a participant of a registered 

clearing agency entitled to rely on the 

35 consecutive settlement day close-out 

requirement contained in paragraph 

(b)(3)(i), (b)(3)(ii), or (b)(3)(iii) of this 

section has a fail to deliver position at 

a registered clearing agency in the 

threshold security for 35 consecutive 

settlement days from the effective date 

of the amendment, the participant and 

any broker or dealer for which it clears 

transactions, including any market 

maker, that would otherwise be entitled 

to rely on the exception provided in 

paragraph (b)(2)(iii) of this section, may 

not accept a short sale order in the 

threshold security from another person, 

or effect a short sale in the threshold 

security for its own account, without 

borrowing the security or entering into 

a bona-fide arrangement to borrow the 

security, until the participant closes out 

the fail to deliver position by 

purchasing securities of like kind and 

quantity; 

It is further ordered that, pursuant to 

our Section 12(k)(2) powers, we are 

adding § 240.10b–21 to read as follows: 

§ 240.10b–21 Deception in connection with 

a seller’s ability or intent to deliver 

securities on the date delivery is due. 

PRELIMINARY NOTE to rule 10b–21: 

This rule is not intended to limit, or 

restrict, the applicability of the general 

antifraud provisions of the federal 

securities laws, such as section 10(b) of 

the Act and rule 10b–5 thereunder. 

It shall also constitute a 

‘‘manipulative or deceptive device or 

contrivance’’ as used in section 10(b) of 

this Act for any person to submit an 

order to sell an equity security if such 

person deceives a broker or dealer, a 

participant of a registered clearing 

agency, or a purchaser about its 

intention or ability to deliver the 

security on or before the settlement 

date, and such person fails to deliver the 

security on or before the settlement 

date. For purposes of this section, 

settlement date is as defined in 

§ 242.204T of this chapter. 

This Order shall be effective at 12:01 

a.m. EDT on September 18, 2008, and 

shall terminate at 11:59 p.m. on October 

1, 2008 unless further extended by the 

Commission. 

By the Commission. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–22166 Filed 9–22–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: [to be published]. 

STATUS: Closed Meeting. 

PLACE: 100 F Street, NE., Washington, 

DC. 

DATE AND TIME OF PREVIOUSLY ANNOUNCED

MEETING: Thursday, September 18, 2008 

at 1 p.m. 

CHANGE IN THE MEETING: Cancellation of 

Meeting. 

The Closed Meeting scheduled for 

Thursday, September 18, 2008 has been 

cancelled. 

For further information please contact 

the Office of the Secretary at (202) 551– 

5400. 

Dated: September 18, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–22195 Filed 9–22–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of Quality Resorts of 

America, Inc., Quentra Networks, Inc., 

and Quokka Sports, Inc.; Order of 

Suspension of Trading 

September 19, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Quality 

Resorts of America, Inc. because it has 

not filed any periodic reports since the 

period ended June 30, 1997. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Quentra 

Networks, Inc. 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 Quokka 

Sports, Inc. because it has not filed any 

periodic reports since the period ended 

December 31, 2000. 

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 September 19, 2008, 

through 11:59 p.m. EDT on October 2, 

2008. 

By the Commission. 

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. E8–22373 Filed 9–19–08; 4:15 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of Ragen Corp. Rainwire 

Partners, Inc., Rako Capital Corp., 

Ramtek Corp. (n/k/a Ramtek I Corp.), 

Ranger Industries, Inc., RCS Holdings, 

Inc., and Recycling Industries, Inc., 

Respondents.; Order of Suspension of 

Trading 

September 19, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Ragen Corp. 

because it has not filed any periodic 

reports since the period ended June 30, 

1993. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Rainwire 

Partners, Inc. because it has not filed 

any periodic reports since the period 

ended March 31, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Rako 

Capital Corp. because it has not filed 

any periodic reports since the period 

ended March 31, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Ramtek 

Corp. (n/k/a Ramtek I Corp.) because it 

has not filed any periodic reports since 

April 2, 1993. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Ranger 

Industries, Inc. because it has not filed 


jlentini on PROD1PC65 with NOTICES