832 Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Notices 

33See Exchange Rule 721. 34 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

of options on the MSCI EM Index.33 In 

addition, the Exchange proposes to 

amend Rule 1079(d)(1) to also note that 

with respect to FLEX options on the 

MSCI EM index, the same number of 

contracts, 25,000, would apply with 

respect to the position limit. 

The Exchange represents that it has an 

adequate surveillance program in place 

for options on the MSCI EM Index. The 

Exchange also represents that it has the 

necessary systems capacity to support 

the new options series. As stated in the 

filing, the Exchange has rules in place 

designed to protect public customer 

trading. 

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 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 either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 45 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve or disapprove 

such proposed rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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 email to rule-comments@

sec.gov. Please include File Number SR– 

Phlx–2011–179 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–Phlx–2011–179. This file 

number should be included on the 

subject line if email 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 the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. 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–Phlx– 

2011–179 and should be submitted on 

or before January 27, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.34

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–52 Filed 1–5–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66074; File No. SR–BX– 

2011–088] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Waive BX 

Port Pair Fees for Certain Newly-Added 

Routable Port Pairs 

December 30, 2011. 

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 December 

28, 2011, NASDAQ OMX BX, Inc. 

(‘‘Exchange’’), 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 

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 offer a 

waiver of BX Port Pair fees for certain 

newly-added routable port pairs during 

the months of January through March, 

2012. 

The text of the proposed rule change 

is below. Proposed new language is 

italicized; proposed deletions are in 

[brackets]. 

7015. Access Services 

The following charges are assessed by 

the Exchange for ports to establish 

connectivity to the NASDAQ OMX BX 

Equities Market, as well as ports to 

receive data from the NASDAQ OMX 

BX Equities Market: 

• $400 per month for each port pair, 

other than Multicast ITCH® data feed 

pairs, for which the fee is $1000 per 

month. The $400 port pair fee will be 

waived from January 2012 through 

March 2012 for a single port pair 

subscribed to by a member used for 

routing during this free period. To be 

eligible for the fee waiver, the member 

must increase the number of routable 

ports it has as of December 31, 2011 and 

must send routable order flow through 

the designated port pair at some point 

during the free period, otherwise the 

monthly fee will apply. 

• Internet Ports: An additional $200 

per month for each Internet port that 

requires additional bandwidth. 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Notices 833 

3Securities Exchange Act Release No. 65470 

(October 3, 2011), 76 FR 62489 (October 7, 2011) 

(SR–BX–2011–048). 

4 Id. 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(4). 

7 15 U.S.C. 78s(b)(3)(a)(ii). 

8 17 CFR 240.19b–4(f)(2). 

• TradeInfo BX is available to 

Members for a fee of $95 per user per 

month. 

* * * * * 

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 Exchange is amending its fee 

schedule to waive fees assessed on a 

single port pair used for routing orders 

from BX, during the months of January 

through March, 2012. The Exchange 

recently began allowing orders placed 

on the Exchange to route away from BX 

for execution.3 The Exchange is 

proposing to waive, for a limited time, 

the fee assessed for a single port pair 

under Rule 7015, applicable to a 

member firm that adds an additional 

port and uses that port for routing on BX 

during the months of January through 

March, 2012. The Exchange believes 

that waiving the port pair fee will 

encourage market participants to utilize 

the routing function of the market, and 

to take advantage of new routing 

strategies made available to market 

participants.4

A member is eligible to subscribe only 

one free port pair under the proposed 

fee waiver program and the port must be 

eligible for routing. The free port pair 

must be a newly-subscribed port pair 

and must be net additive to the number 

of port pairs a member firm is 

subscribed to as of December 31, 2011 

(i.e., it cannot replace an existing port 

pair). Additional port pairs subscribed 

to by a member firm and used for 

routing purposes will not be eligible for 

the proposed fee waiver. A member firm 

may add a routable port pair that meets 

the requirements noted above at any 

point during the free period, and will 

not be assessed a fee for the port pair for 

the months remaining in the free period, 

so long as routable order flow is sent 

through the port pair at some point 

during the free period. If no routable 

order flow is sent through the 

designated port pair during the free 

period, the port pair fee will apply to all 

months the new port pair is subscribed 

to. For example, if on January 25, 2012, 

Firm ABCD adds a routable port on BX, 

the port pair would be free for the 

duration of the free period, so long as 

the member firm sends routable order 

flow through the port pair at some point 

during the free period. At the end of the 

free period, the member will be assessed 

the normal monthly fee, beginning with 

April 2012. If the member firm does not 

send routable order flow through the 

newly-added port pair, the member firm 

would be assessed the full fee for each 

of the months that it had subscribed to 

the new port pair during the free period 

(in the example above, all three months 

of the free period). A member firm is 

under no obligation to continue 

subscription to the routable port pair at 

the end of the free period, and may 

cancel its subscription at any time prior 

to the expiration of the free period with 

no charge. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,5

in general, and with Section 6(b)(4) of 

the Act,6 in particular, in that it 

provides for the equitable allocation of 

reasonable dues, fees and other charges 

among members and issuers and other 

persons using any facility or system 

which the Exchange operates or 

controls. The Exchange believes that the 

proposed fee waiver is reasonable as it 

is narrowly focused, of limited duration, 

and is designed to encourage BX 

member firms to use the full 

functionality of the market, thereby 

increasing liquidity available to 

investors. The Exchange believes that 

the proposed fee waiver is equitable 

since it applies to any BX member firm 

that seeks to use the routing function of 

the market and subscribes a new port 

pair for routing during the free period. 

To date, no member firms have 

subscribed new port pairs for the 

purpose of routing from BX. As noted, 

a member firm is not penalized for 

cancelling its routing port pair at the 

end of the free period. 

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. 

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 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 7 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder.8 At any time within 60 days 

of the filing of the proposed rule change, 

the Commission summarily may 

temporarily suspend 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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

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 email to rulecomments@sec.gov. Please include File 

Number SR–BX–2011–088 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–BX–2011–088. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 


pmangrum on DSK3VPTVN1PROD with NOTICES
834 Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Notices 

9 17 CFR 200.30–3(a)(12). 

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 the filing 

also will be available for inspection and 

copying at the principal office of the 

Exchange. 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–BX–2011–088 and should 

be submitted on or before January 27, 

2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2011–33858 Filed 1–5–12; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Delegation of Authority; Delegation of 

Authority No. 12–A (Revision 5) Redelegation of Financial Assistance; 

Amendment 3 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of Amendment to 

Delegation of Authority. 

SUMMARY: This document provides the 

public notice of an amendment to 

Delegation of Authority No. 12–A 

(Revision 5) (56 FR 55147, October 24, 

1991) (the ‘‘Delegation’’), which 

delegated authority regarding the Small 

Business Administration’s (SBA’s) 

lending and financial assistance 

programs. This document amends the 

Delegation to allow certain authority 

granted therein to be re-delegated and to 

update the position title of Assistant 

Administrator for Financial Assistance. 

SBA is providing this limited redelegation to facilitate secondary market 

sales of Certified Development 

Company (‘‘CDC’’) debentures and 

guaranteed certificate issuance. 

FOR FURTHER INFORMATION CONTACT: 

Ingrid Ripley, Program Analyst, U.S. 

Small Business Administration, 409 3rd 

Street SW., Washington, DC 20416; 

telephone number: (202) 205–7538, 

facsimile number: (202) 481–4020; and 

electronic mail: ingrid.ripley@sba.gov. 

SUPPLEMENTARY INFORMATION: Delegation 

of Authority No. 12–A (Revision 5) (56 

FR 55147, October 24, 1991) delegated 

certain authority regarding the Agency’s 

financial assistance programs, including 

but not limited to, the authority ‘‘To 

take all necessary actions in connection 

with the sale of SBA guaranteed CDC 

debentures and SBA guaranteed 

certificates issued against pools of such 

debentures to the Federal Financing 

Bank or any other duly qualified 

purchaser as determined by SBA.’’ SBA 

is authorized to sell CDC debentures 

and issue guaranteed certificates under 

15 U.S.C. 697a and b. The Delegation 

prohibited the re-delegation of the 

authority granted therein. (Paragraph III 

of the Delegation.) This document 

provides public notice that SBA hereby 

amends the Delegation to allow the 

authority delegated to the Assistant 

Administrator for Financial Assistance 

pursuant to paragraph I. A.1.d. covering 

sales of CDC debentures and guaranteed 

certificates to be re-delegated. 

This document also revises the 

position title previously identified as 

‘‘Assistant Administrator for Financial 

Assistance’’ to read ‘‘Director, Office of 

Financial Assistance (D/FA).’’ This 

revision to position title extends no new 

responsibilities to the position and 

aligns the current position title with its 

associated responsibilities. 

Delegation of Authority No. 12–A 

(Revision 5), is amended to read as 

follows: 

I. * * * 

A. To the Director, Office of Financial 

Assistance (D/FA): 

1. Financial Assistance Program 

* * * * * 

d. To take all necessary actions in 

connection with the sale of SBA guaranteed 

Certified Development Company debentures 

and SBA guaranteed certificates issued 

against pools of such debentures to any duly 

qualified purchaser as determined by SBA. 

This authority may be re-delegated. 

* * * * * 

III. The authority delegated herein may not 

be re-delegated unless authority to redelegate has been specifically authorized. 

* * * 

Dated: December 29, 2011. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2012–65 Filed 1–5–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. 4910–13] 

Noise Exposure Map Update for 

Albany International Airport, Albany, 

NY 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

determination that the updated noise 

exposure maps submitted by the Albany 

County Airport Authority (ACAA), for 

Albany International Airport, under the 

provisions of 49 U.S.C. 47501 et. seq 

(Aviation Safety and Noise Abatement 

Act) and 14 CFR part 150 are in 

compliance with applicable 

requirements. 

DATES: Effective Date: The effective date 

of the FAA’s determination on the noise 

exposure maps is December 19, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Suki Gill, Environmental Protection 

Specialist, Federal Aviation 

Administration, New York Airports 

District Office, 600 Old Country Road, 

Suite 446, Garden City, NY 11530, 

Telephone (516) 227–3815. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA finds 

that the updated noise exposure maps 

submitted for Albany International 

Airport are in compliance with 

applicable requirements of 14 Code of 

Federal Regulations (CFR) part 150 

(hereinafter referred to as ‘‘part 150’’), 

effective December 19, 2011. Under 49 

U.S.C. section 47503 of the Aviation 

Safety and Noise Abatement Act 

(hereinafter referred to as ‘‘the Act’’), an 

airport operator may submit to the FAA 

noise exposure maps which meet 

applicable regulations and which depict 

non-compatible land uses as of the date 

of submission of such maps, a 

description of projected aircraft 

operations, and the ways in which such 

operations will affect such maps. The 

Act requires such maps to be developed 

in consultation with interested and 

affected parties in the local community, 

government agencies, and persons using 

the airport. An airport operator who has 

submitted noise exposure maps that are 

found by FAA to be in compliance with 


pmangrum on DSK3VPTVN1PROD with NOTICES