Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 5359 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

DATES: Comments are encouraged and 

will be accepted until April 5, 2010. 

This process is conducted in accordance 

with 5 CFR 1320.1. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the FISD, OPM, 1900 E Street, NW., 

Washington, DC 20415, Attention: Lisa 

Loss or sent via electronic mail to 

FISDFormsComments@opm.gov. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this ICR, with applicable 

supporting documentation, may be 

obtained by contacting the FISD, OPM, 

1900 E Street, NW., Washington, DC 

20503, Attention: Lisa Loss or sent via 

electronic mail to 

FISDFormsComments@opm.gov. 

SUPPLEMENTARY INFORMATION: Section 

3(a) of Executive Order (E.O.) 10450, as 

amended, states that with specified 

exceptions, ‘‘the appointment of each 

civilian officer or employee in any 

department or agency of the 

Government shall be made subject to 

investigation,’’ and that ‘‘in no event 

shall the investigation consist of less 

than a national agency check * * * and 

written inquiries to appropriate local 

law enforcement agencies, former 

employers and supervisors, references, 

and schools attended by the persons 

under investigation.’’ This minimum 

investigation for appointment in the 

civil service is called the National 

Agency Check with Inquiries (NACI). 

The INV 40, 41, 42, 43, and 44 are 

used to conduct the ‘‘written inquiries’’ 

portion of the NACI. They are also used 

in any investigation requiring the same 

written inquiries, including suitability 

investigations under E.O. 10577, as 

amended and 5 CFR part 731, for 

employment in positions defined in 

5 CFR 731.101(b); investigations for 

employment in a sensitive national 

security position under E.O. 10450, as 

amended and 5 CFR part 732; certain 

investigations for eligibility for access to 

classified information pursuant to 

standards promulgated under E.O. 

12968, as amended; certain 

investigations for fitness for 

employment in the excepted service or 

as a contract employee, pursuant to 

investigative requirements prescribed by 

employing and contracting agencies; 

and investigations for identity 

credentials for long-term physical and 

logical access to Federally controlled 

facilities and information systems, 

pursuant to standards promulgated 

under the Federal Information Security 

Management Act. The INV forms 40 and 

44, in particular, facilitate OPM’s access 

to criminal history record information 

under 5 U.S.C. 9101. 

The content of the INV forms is also 

designed to meet notice requirements 

for personnel investigations specified by 

5 CFR 736.102(c). These notice 

requirements apply to any ‘‘investigation 

* * * to determine the suitability, 

eligibility, or qualifications of 

individuals for Federal employment, for 

work on Federal contracts, or for access 

to classified information or restricted 

areas.’’ 

None of the forms is used for any 

purpose other than a personnel 

background investigation, as described 

above. The completed forms are 

maintained by OPM subject to the 

protections of the Privacy Act of 1974, 

as amended. 

Procedurally, the subject of a 

personnel background investigation 

discloses the identity of relevant 

sources, such as supervisors, coworkers, 

neighbors, friends, current or former 

spouses, instructors, relatives, or 

schools attended, on the standard form 

(SF) 85, Questionnaire for Non-Sensitive 

Positions; the SF 85P, Questionnaire for 

Public Trust Positions; or the SF 86, 

Questionnaire for National Security 

Positions. After OPM receives a 

completed SF 85, SF 85P, or SF 86, the 

INV forms are distributed to the 

provided source contacts through an 

automated mailing operation. 

The INV 40 is used to collect records 

from a Federal or State record repository 

or a credit bureau. The INV 44 is used 

to collect law enforcement data from a 

criminal justice agency. The INV 41, 42, 

and 43 are sent to employment 

references, associates, and schools 

attended. The forms disclose that the 

source’s name was provided by the 

subject to assist in completing a 

background investigation to help 

determine the subject’s suitability for 

employment or security clearance, and 

request that the source complete the 

form with information to help in this 

determination. Generally the subject of 

the investigation will identify these 

employment references, associates, and 

schools on his or her SF 85, SF 85P, or 

SF 86 questionnaire. If information is 

omitted on the questionnaire, however, 

the information may be provided in a 

follow-up contact between the subject 

and an investigator. By their terms, the 

INV 41, 42, and 43 forms are not to be 

sent to employment references, 

associates, and schools that have not 

been identified by the subject of the 

investigation. 

Approximately 279,000 INV 40 

inquiries are sent to federal and nonfederal agencies annually. The INV 40 

takes approximately five minutes to 

complete. The estimated annual burden 

is 23,250 hours. Approximately 

2,243,000 INV 41 inquiries are sent to 

previous and present employers and 

supervisors. The INV 41 takes 

approximately five minutes to complete. 

The estimated annual burden is 186,900 

hours. Approximately 1,882,000 INV 42 

inquiries are sent to individuals 

annually. The INV 42 takes 

approximately five minutes to complete. 

The estimated annual burden is 156,800 

hours. Approximately 464,000 INV 43 

inquiries are sent to educational 

institutions annually. The INV 43 takes 

approximately five minutes to complete. 

The estimated annual burden is 38,700 

hours. Approximately 1,546,000 INV 44 

inquiries are sent to law enforcement 

agencies annually. The INV 44 takes 

approximately five minutes to complete. 

The estimated annual burden is 128,800 

hours. The total number of respondents 

for the INV 40, INV 41, INV 42, INV 43, 

and INV 44 is 6,135,200 and the total 

estimated burden is 511,200 hours. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. 2010–2193 Filed 2–1–10; 8:45 am] 

BILLING CODE 6325–53–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of L. Luria & Son, Inc., 

Lew Corp. (n/k/a Questus Global 

Limited), Library Bureau, Inc., Life 

Sciences, Inc., Lifesmart Nutrition 

Technologies, Inc., Lightning Rod 

Software, Inc., Lindatech, Inc., 

Littlefield, Adams & Company, and 

Liuski International, Inc.; Order of 

Suspension of Trading 

January 29, 2010. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of L. Luria & 

Son, Inc. because it has not filed any 

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5360 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 

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

2 17 CFR 240.19b–4. 

3Market professionals have access to 

sophisticated trading systems that contain 

functionality not available to retail customers, 

including things such as continuously updated 

pricing models based upon real-time streaming 

data, access to multiple markets simultaneously and 

order and risk management tools. 

4For example, some broker-dealers provided their 

professional customers with multi-screened trading 

stations equipped with trading technology that 

allows the trader to monitor and place orders on all 

periodic reports since the period ended 

May 3, 1997. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Lew Corp. 

(n/k/a Questus Global Limited) because 

it has not filed any periodic reports 

since the period ended December 31, 

2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Library 

Bureau, Inc. because it has not filed any 

periodic reports since July 2, 1994. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Life 

Sciences, Inc. because it has not filed 

any periodic reports since the period 

ended May 31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Lifesmart 

Nutrition Technologies, Inc. because it 

has not filed any periodic reports since 

the period ended February 28, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Lightning 

Rod Software, Inc. because it has not 

filed any periodic reports since the 

period ended December 31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Lindatech, 

Inc. because it has not filed any periodic 

reports since the period ended 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 Littlefield, 

Adams & Company 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 Liuski 

International. Inc. because it has not 

filed any periodic reports since the 

period ended July 20, 1999. 

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 29, 2010, through 

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

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–2223 Filed 1–29–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61426; File No. SR–Phlx– 

2010–05] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing of Proposed Rule Change 

Relating to Professional Orders 

January 26, 2010. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on January 

12, 2010, NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

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

rule change as described in Items I, II, 

and III, below, which Items have been 

prepared by the Exchange. 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 Substance of 

the Proposed Rule Change 

The Exchange proposes to amend its 

priority rules to give certain non-brokerdealer orders the same priority as 

broker-dealer orders. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

nasdaqomxphlx.cchwallstreet.com/ 

NASDAQOMXPHLX/Filings/, at the 

principal office of the Exchange, 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 

The purpose of the proposed rule 

change is to adopt the new term 

‘‘professional’’ for purposes of the 

Exchange’s priority rules. Currently, 

pursuant to Rule 1014(g), a customer 

account is an account other than a 

controlled account; a controlled account 

is an account controlled by or under 

common control with a broker-dealer. 

Rule 1014(g) governs, among other 

things, the allocation of orders and, 

thus, the priority over and parity among 

orders and quotations. 

Customer priority is one of the 

marketplace advantages provided to 

customer orders on the Exchange; 

customer priority means that customer 

orders are given execution priority over 

non-customer orders and quotations of 

specialists and Registered Options 

Traders (‘‘ROTs’’) at the same price. 

Another marketplace advantage afforded 

to customer orders on the Exchange is 

that member organizations are generally 

not charged transaction fees for the 

execution of customer orders. The 

purpose of these marketplace 

advantages is to attract retail order flow 

to the Exchange by leveling the playing 

field for retail investors over market 

professionals.3

With respect to these Phlx 

marketplace advantages, the Exchange 

does not believe that the current 

definition of customer account versus 

controlled account properly 

distinguishes between non-professional 

retail investors and certain 

professionals. According to the 

Exchange, providing marketplace 

advantages based upon whether the 

order is for the account of a participant 

that is a registered broker-dealer is no 

longer appropriate in today’s 

marketplace, because some non-brokerdealer individuals and entities have 

access to information and technology 

that enables them to professionally trade 

listed options in the same manner as a 

broker or dealer in securities.4 These 

mstockstill on DSKH9S0YB1PROD with NOTICES