17178 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Notices 

14 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 62084 

(May 12, 2010), 75 FR 28091 (May 19, 2010) (SR– 

NYSEAmex–2010–40). 

5 Id. 

Number SR–NYSEArca–2011–10 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–2011–10. 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 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 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 No. SR–NYSEArca– 

2011–10 and should be submitted on or 

before April 18, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–7231 Filed 3–25–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64107; File No. SR– 

NYSEAmex–2011–15] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Extend the Operation 

of Its Pilot Program Regarding 

Minimum Value Sizes for Flexible 

Exchange Options 

March 22, 2011. 

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 March 11, 

2011, NYSE Amex LLC (the ‘‘Exchange’’ 

or ‘‘NYSE Amex’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. 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 

option trading rules to extend the 

operation of its pilot program (‘‘Pilot 

Program’’) regarding minimum value 

sizes for flexible exchange options 

(‘‘FLEX Options’’), currently scheduled 

to expire on March 28, 2011, until 

March 30, 2012. The text of the 

proposed rule change is available at the 

Exchange; on the Exchange’s Web site 

(http://www.nyse.com); on the 

Commission’s Web site at http:// 

www.sec.gov; and 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 

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 hereby proposes to 

amend its option trading rules to extend 

the operation of its Pilot Program 

regarding minimum value sizes for 

FLEX Options, currently scheduled to 

expire on March 28, 2011,4 until March 

30, 2012. This filing does not propose 

any substantive changes to the Pilot 

Program and contemplates that all other 

terms of FLEX Options will remain the 

same. The Exchange believes that 

extending the Pilot Program will benefit 

public customers and other market 

participants who will be able to use 

FLEX Options to manage risk for smaller 

portfolios. 

In support of the proposed extension 

of the Pilot Program, and as required by 

the terms of the Pilot Program’s 

implementation,5 the Exchange has 

submitted to the Securities and 

Exchange Commission (‘‘SEC’’ or 

‘‘Commission’’) a Pilot Program Report 

that provides an analysis of the Pilot 

Program covering the period during 

which the Pilot Program has been in 

effect. This Pilot Program Report 

includes (i) data and analysis on the 

open interest and trading volume in (a) 

FLEX Equity Options that have opening 

transactions with a minimum size of 0 

to 249 contracts and less than $1 million 

in underlying value; (b) FLEX Index 

Options that have opening transactions 

with a minimum opening size of less 

than $10 million in underlying 

equivalent value; and (ii) analysis on the 

types of investors that initiated opening 

FLEX Equity and Index Options 

transactions (i.e., institutional, high net 

worth, or retail). The report has been 

submitted to the Commission on a 

confidential basis. 

The Exchange believes that there is 

sufficient investor interest and demand 

in the Pilot Program to warrant 

extension for an additional year. The 

Exchange believes that the Pilot 

Program has provided investors with 

additional means of managing their risk 

exposures and carrying out their 

investment objectives. The Exchange 

has not experienced any adverse market 

effects with respect to the Pilot Program. 

If, in the future, the Exchange 

proposes an additional extension of the 

Pilot Program, or should the Exchange 

propose to make the Pilot Program 


Emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Notices 17179 

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). 

10See note 4, supra. 

11For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

permanent, the Exchange will submit, 

along with any filing proposing such 

amendments to the Pilot Program, an 

additional Pilot Program Report 

covering the period during which the 

Pilot Program was in effect and 

including the details referenced above, 

along with the nominal dollar value of 

the underlying security of each trade. 

The Pilot Program Report would be 

submitted to the Commission at least 

two months prior to the expiration date 

of the Pilot Program and would be 

provided on a confidential basis. 

The Exchange notes that any positions 

established under this Pilot Program 

would not be impacted by the 

expiration of the Pilot Program. For 

example, a 10-contract FLEX Equity 

Option opening position that overlies 

less than $1 million in the underlying 

security and expires in January 2015 

could be established during the Pilot 

Program. If the Pilot Program were not 

extended, the position would continue 

to exist and any further trading in the 

series would be subject to the minimum 

value size requirements for continued 

trading in that series. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the 

Securities Exchange Act of 1934 (the 

‘‘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. 

Specifically, the Exchange believes that 

the proposed extension of the Pilot 

Program, which eliminates the 

minimum value size applicable to FLEX 

Options, would provide greater 

opportunities for investors to manage 

risk through the use of FLEX Options. 

Further, the Exchange notes that it has 

not experienced any adverse effects 

from the operation of the Pilot Program. 

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 Act 8 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 Act and Rule 19b–4(f)(6)(iii) 

thereunder. The Exchange provided the 

Commission with written notice of its 

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 

the proposed rule change. 

The Exchange has requested that the 

Commission waive the 30-day operative 

delay to permit the current pilot to 

continue uninterrupted. The 

Commission finds that waiver of the 

operative delay is consistent with the 

protection of investors and the public 

interest. The Commission notes in 

waiving the 30 day operative delay that 

NYSE Amex’s original pilot was 

published for comment in the Federal 

Register and the Commission did not 

receive any comments on the proposed 

rule change.10

Further, NYSE Amex is proposing to 

extend the existing pilot on the same 

terms and conditions as they were 

originally approved by the Commission. 

This includes, as described in more 

detail above, a representation that NYSE 

Amex will continue to monitor the pilot 

and submit certain interim reports 

during the extended pilot period, as 

well as a final report covering the pilot 

period should the Exchange decide to 

extend or file for permanent approval of 

the pilot. Finally, the Commission notes 

that the Exchange has represented that 

it has not experienced any adverse 

market effects with respect to the pilot 

program. 

Based on the above, the Commission 

finds that it is consistent with investor 

protection and the public interest to 

waive the 30 day operative delay in 

accordance with Rule 19b–4(f)(6)(iii) so 

that the pilot can continue on an 

uninterrupted basis, and therefore 

designates the proposal operative upon 

filing.11

At any time within 60 days of the 

filing of such 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. 

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–NYSEAmex–2011–15 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–NYSEAmex–2011–15. 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 


Emcdonald on DSK2BSOYB1PROD with NOTICES
17180 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Notices 

12 17 CFR 200.30–3(a)(12). 

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 20549–1090 on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing will 

also 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– 

NYSEAmex–2011–15 and should be 

submitted on or before April 18, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–7167 Filed 3–25–11; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 07/07–0113] 

C3 Capital Partners II, L.P.; Notice 

Seeking Exemption Under 312 of the 

Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that C3 Capital 

Partners IT, L.P., 4520 Main Street, 

Suite 1600, Kansas City, Missouri, 

64111–7700, a Federal Licensee under 

the Small Business Investment Act of 

1958, as amended (‘‘the Act’’), in 

connection with the financing of a small 

concern, has sought an exemption under 

section 312 of the Act and section 

107.730, Financings Which Constitute 

Conflicts of Interest of the Small 

Business Administration (‘‘SBA’’) rules 

and regulations (13 CFR 107.730 

(2006)). C3 Capital Partners IL, L.P., 

proposes to provide financing to Findett 

LLC, P.O. Box 0960, St. Charles, MO 

63302–0960. The financing is 

contemplated to provide growth capital. 

The financing is brought within the 

purview of Sec. 107.730(a)(1) of the 

Regulations because C3 Capital Partners, 

L.P., an Associate of C3 Capital Partners 

II, L.P., currently owns greater than 10 

percent of Findett LLC, and therefore, 

Findett LLC, is considered an Associate 

of C3 Capital Partners II, L.P. as defined 

in Sec. 105.50 of the regulations. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction, within 15 

days, to the Associate Administrator for 

Investment, U.S. Small Business 

Administration, 409 Third Street, SW., 

Washington, DC 20416. 

Dated: March 14, 2011. 

Sean J. Greene, 

Associate Administrator for Investment. 

[FR Doc. 2011–7065 Filed 3–25–11; 8:45 am] 

BILLING CODE 8025–01–M 

SMALL BUSINESS ADMINISTRATION 

[License No. 04/04–0296] 

KLH Capital II, L.P.; Notice Seeking 

Exemption Under Section 312 of the 

Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that KLH 

Capital, L.P., 101 East Kennedy 

Boulevard, Suite 3925, Tampa, FL, 

33602 a Federal Licensee under the 

Small Business Investment Act of 1958, 

as amended (‘‘the Act’’), in connection 

with the financing of a small concern, 

has sought an exemption under Section 

312 of the Act and Section 107.730, 

Financings which Constitute Conflicts 

of Interest of the Small Business 

Administration (‘‘SBA’’) Rules and 

Regulations (13 CFR 107.730). KLH 

Capital, L.P., proposes to purchase 

securities of Energy Hardware Holdings, 

LLC, 2730 E. Phillips Road, Greer, SC 

29650 from EH Holdings Associates, 

LLC. The financing is contemplated for 

growth and general corporate purposes. 

The financing is brought within the 

purview of § 107.730(a)(1) of the 

Regulations because EH Holdings 

Associates, LLC, is an Associate of KLH 

Capital, L.P., due to common ownership 

and control, and owns more than ten 

percent of Energy Hardware Holdings, 

LLC. Therefore, Energy Hardware 

Holdings, LLC and EH Holdings 

Associates, LLC, are considered 

Associates of KLH Capital, L.P., as 

defined in Sec. 105.50 of the 

regulations. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator for Investment 

and Innovation, U.S. Small Business 

Administration, 409 Third Street, SW., 

Washington, DC 20416. 

Dated: March 7, 2011. 

Sean J. Greene, 

Associate Administrator for Investment and 

Innovation. 

[FR Doc. 2011–7066 Filed 3–25–11; 8:45 am] 

BILLING CODE 8025–01–M 

DEPARTMENT OF STATE 

[Public Notice 7327] 

Advisory Committee on International 

Economic Policy; Notice of Committee 

Renewal 

Renewal of an Advisory Committee. 

The Department of State has renewed 

the Charter of the Advisory Committee 

on International Economic Policy. The 

Committee serves in a solely advisory 

capacity concerning major issues and 

problems in international economic 

policy. The Committee provides 

information and advice on the effective 

integration of economic interests into 

overall foreign policy and on the 

Department of State’s role in advancing 

American economic and commercial 

interests in a competitive global 

economy. The Committee also appraises 

the role and limits of international 

economic institutions and advises on 

the formulation of U.S. economic policy 

and positions. 

This Committee includes 

representatives of American 

organizations and institutions having an 

interest in international economic 

policy, including representatives of 

American business, state and local 

government, labor unions, public 

interest groups, and trade and 

professional associations. The 

Committee meets at least annually to 

advise the Department on the full range 

of international economic policies and 

issues. 

For further information, please call 

Tiffany Enoch, Deputy Outreach 

Coordinator, Office of Economic Policy 

Analysis and Public Diplomacy, Bureau 

of Economic, Energy and Business 

Affairs, U.S. Department of State, at 

(202) 647–2231. 

Dated: March 1, 2011. 

Maryruth Coleman, 

Director, Office of Economic Policy Analysis 

and Public Diplomacy, Bureau of Economic, 

Energy and Business Affairs, U.S. Department 

of State. 

[FR Doc. 2011–7232 Filed 3–25–11; 8:45 am] 

BILLING CODE 4710–07–P 

TENNESSEE VALLEY AUTHORITY 

Meeting of the Regional Resource 

Stewardship Council 

AGENCY: Tennessee Valley Authority 

(TVA). 

ACTION: Notice of meeting. 

SUMMARY: The TVA Regional Resource 

Stewardship Council (RRSC) will hold a 

meeting on Wednesday, April 27 and 


Emcdonald on DSK2BSOYB1PROD with NOTICES