Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices 20431 

12For the purposes only of waiving the operative 

delay of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b-4. 

3The Commission previously approved the 

trading of options on NZD, PZO, SKA, BRB, AUX, 

BPX, CDD, EUI, YUK and SFC. See Securities 

Exchange Act Release No. 55575 (April 3, 2007), 72 

FR 17963 (April 10, 2007) (SR–ISE–2006–59). 

4See Securities Exchange Act Release No. 60536 

(August 19, 2009), 74 FR 43204 (August 26, 2009) 

(SR–ISE–2009–59). 

5See Securities Exchange Act Release No. 61459 

(February 1, 2010), 75 FR 6248 (February 8, 2010) 

(SR–ISE–2010–07). 

6See Securities Exchange Act Release No. 64012 

(March 2, 2011), 76 FR 12778 (March 8, 2011) (SR– 

ISE–2011–11). 

operative delay. The Commission 

believes that waiving the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest, as it will allow the pilot 

program to continue uninterrupted, 

thereby avoiding the investor confusion 

that could result from a temporary 

interruption in the pilot program.12 For 

this reason, the Commission designates 

the proposed rule change to be operative 

upon filing. 

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 

change 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, as amended, 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–BYX–2011–007 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–BYX–2011–007. 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 website 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 offices 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–BYX– 

2011–007, and should be submitted on 

or before May 3, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–8684 Filed 4–11–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64202; File No. SR–ISE– 

2011–16] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to a Market Maker 

Incentive Plan for Foreign Currency 

Options 

April 6, 2011. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on March 31, 

2011, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change, as described 

in Items I and II below, which items 

have been prepared by the selfregulatory 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 ISE is proposing to extend an 

incentive plan for market makers in a 

number of foreign currency options (‘‘FX 

Options’’) traded on the Exchange. The 

text of the proposed rule change is 

available on the Exchange’s Web site 

(http://www.ise.com), at the principal 

office of the Exchange, on the 

Commission’s Web site at http:// 

www.sec.gov, 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 

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 these statements may be examined at 

the places specified in Item IV below. 

The self-regulatory organization 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 this proposed rule 

change is to extend an incentive plan for 

market makers in options on the New 

Zealand dollar (‘‘NZD’’), the Mexican 

peso (‘‘PZO’’), the Swedish krona 

(‘‘SKA’’), the Brazilian real (‘‘BRB’’), the 

Australian dollar (‘‘AUX’’), the British 

pound (‘‘BPX’’), the Canadian dollar 

(‘‘CDD’’), the euro (‘‘EUI’’), the Japanese 

yen (‘‘YUK’’) and the Swiss franc 

(‘‘SFC’’).3 On August 3, 2009, the 

Exchange adopted an incentive plan 

applicable to market makers in NZD, 

PZO and SKA,4 and on January 19, 

2010, added BRB to the incentive plan,5

and on March 1, 2011, added AUX, 

BPX, CDD, EUI, YUK and SFC.6 The 

Exchange has since extended the date 


srobinson on DSKHWCL6B1PROD with NOTICES
20432 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices 

7See Securities Exchange Act Release Nos. 60810 

(October 9, 2009), 74 FR 53527 (October 19, 2009) 

(SR–ISE–2009–80), 61334 (January 12, 2010), 75 FR 

2913 (January 19, 2010) (SR–ISE–2009–115), 61851 

(April 6, 2010), 75 FR 18565 (April 12, 2010) (SR– 

ISE–2010–27), 62503 (July 15, 2010), 75 FR 42812 

(July 22, 2010) (SR–ISE–2010–71), 36045 (October 

5, 2010), 75 FR 62900 (October 13, 2010) (SR–ISE– 

2010–100) and 63639 (January 4, 2011), 76 FR 1488 

(January 10, 2011) (SR–ISE–2010–121). 

8Participants in the incentive plan are known on 

the Exchange’s Schedule of Fees as Early Adopter 

Market Makers. 

9A FXPMM is a primary market maker selected 

by the Exchange that trades and quotes in FX 

Options only. See ISE Rule 2213. 

10A FXCMM is a competitive market maker 

selected by the Exchange that trades and quotes in 

FX Options only. See ISE Rule 2213. 

11See supra note 6. 

12 15 U.S.C. 78f(b). 

13 15 U.S.C. 78f(b)(4). 

14 15 U.S.C. 78s(b)(3)(A)(ii). 

by which market makers may join the 

incentive plan 7 and now proposes to do 

so again. 

In order to promote trading in these 

FX Options, the Exchange has an 

incentive plan pursuant to which the 

Exchange waives the transaction fees for 

the Early Adopter 8 FXPMM 9 and all 

Early Adopter FXCMMs 10 that make a 

market in NZD, PZO SKA, BRB, AUX, 

BPX, CDD, EUI, YUK and SFC for as 

long as the incentive plan is in effect. 

Further, pursuant to a revenue sharing 

agreement entered into between an 

Early Adopter Market Maker and ISE, 

the Exchange pays the Early Adopter 

FXPMM forty percent (40%) of the 

transaction fees collected on any 

customer trade in NZD, PZO SKA, BRB, 

AUX, BPX, CDD, EUI, YUK and SFC 

and pays up to ten (10) Early Adopter 

FXCMMs that participate in the 

incentive plan twenty percent (20%) of 

the transaction fees collected for trades 

between a customer and that FXCMM. 

Market makers that do not participate in 

the incentive plan are charged regular 

transaction fees for trades in these 

products. In order to participate in the 

incentive plan, market makers are 

currently required to enter into the 

incentive plan no later than March 31, 

2011. The Exchange now proposes to 

extend the date by which market makers 

may enter into the incentive plan to 

June 30, 2011. 

Additionally, the Exchange proposes 

to correct an inadvertent deletion in a 

recent filing. Specifically, in the filing 

where the Exchange added AUX, BPX, 

CDD, EUI, YUK and SFC to the 

incentive plan,11 the Exchange 

inadvertently failed to add these 

additional FX options symbols to the 

Notes for fees applicable ISE Market 

Maker on pages 3–4 of the Exchange’s 

Schedule of Fees. 

Finally, the Exchange proposes to 

make a clarifying change to the 

Customer fee noted on page 2 on the 

Exchange’s Schedule of Fees to note that 

the $0.18 per contract Customer fee as 

it relates to FX Options is applicable to 

those FX Options that are not part of the 

incentive plan. For FX Options that are 

part of the incentive plan, the Customer 

fee is $0.40 per contract, as noted on 

page 1 of the Exchange’s current 

Schedule of Fees. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 of the Act,12

in general, and furthers the objectives of 

Section 6(b)(4),13 in particular, in that it 

is designed to provide for the equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using its facilities. 

The Exchange believes the proposed 

rule change is equitable as it will permit 

all market makers to explore the 

opportunity to join the incentive plan 

for an additional three months. The 

Exchange believes the proposed rule 

change is reasonable because the 

extension of the incentive plan for three 

months will permit additional market 

makers to join the incentive plan which 

in turn will generate additional order 

flow to the Exchange by creating 

incentives to trade these FX Options as 

well as defray operational costs for Early 

Adopter Market Makers. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

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 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

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.14 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. 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 proposal 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 

No. SR–ISE–2011–16 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 No. 

SR–ISE–2011–16. 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 ISE. 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices 20433 

15 17 CFR 200.30–3(a)(12). 

SR–ISE–2011–16 and should be 

submitted on or before May 3, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–8683 Filed 4–11–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

MaxLife Fund Corp.; Order of 

Suspension of Trading 

April 8, 2011. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of MaxLife 

Fund Corp. (‘‘MaxLife’’) because of 

questions that have arisen concerning 

representations made by MaxLife, the 

control of its stock, its market price, and 

trading in the stock. MaxLife trades on 

the OTCQB Market operated by the OTC 

Markets Group Inc. under the symbol 

MXFD. 

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 company listed 

above. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the company listed above is 

suspended for the period from 9:30 a.m. 

EDT, April 8, 2011, through 11:59 p.m. 

EDT, on April 21, 2011. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2011–8811 Filed 4–8–11; 11:15 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #12497 and #12498] 

Tennessee Disaster #TN–00048 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is a an amendment of the 

Administrative declaration of a disaster 

for the State of Tennessee dated 03/23/ 

2011. 

Incident: Severe Storms and Flooding. 

Incident Period: 02/28/2011 through 

03/09/2011. 

Effective Date: 04/05/2011. 

Physical Loan Application Deadline 

Date: 05/23/2011. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 12/23/2011. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the Administrator’s disaster 

declaration in the State of Tennessee, 

dated 03/23/2011, is hereby amended to 

establish the incident period for this 

disaster as beginning 02/28/2011 and 

continuing through 03/09/2011. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Dated: April 5, 2011. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2011–8607 Filed 4–11–11; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #12514 and #12515] 

California Disaster #CA–00169 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of California dated 04/05/ 

2011. 

Incident: Center Fire. 

Incident Period: 03/18/2011 through 

03/20/2011. 

Effective Date: 04/05/2011. 

Physical Loan Application Deadline 

Date: 06/06/2011. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 01/05/2012. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration, 

applications for disaster loans may be 

filed at the address listed above or other 

locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Inyo. 

Contiguous Counties: 

California: Fresno, Kern, Mono, San 

Bernardino, Tulare. 

Nevada: Clark, Esmeralda, Nye. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Homeowners With Credit 

Available Elsewhere .......... 5.125 

Homeowners Without Credit 

Available Elsewhere .......... 2.563 

Businesses With Credit Available Elsewhere .................. 6.000 

Businesses Without Credit 

Available Elsewhere .......... 4.000 

Non-Profit Organizations With 

Credit Available Elsewhere 3.250 

Non-Profit Organizations 

Without Credit Available 

Elsewhere .......................... 3.000 

For Economic Injury: 

Businesses & Small Agricultural Cooperatives Without 

Credit Available Elsewhere 4.000 

Non-Profit Organizations 

Without Credit Available 

Elsewhere .......................... 3.000 

The number assigned to this disaster 

for physical damage is 12514 5 and for 

economic injury is 12515 0. 

The States which received an EIDL 

Declaration # are California, Nevada. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Dated: April 5, 2011. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2011–8608 Filed 4–11–11; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Delegation of Authority No. 335] 

Delegation of the Authorities of the 

Assistant Secretary of State for 

Administration to William H. Moser 

By virtue of the authority vested in 

me by the laws of the United States, 

including the State Department Basic 

Authorities Act, as amended (22 U.S.C. 

2651a), and Delegations of Authority 

323 and 198, I hereby delegate to 

William H. Moser, to the extent 

authorized by law, all authorities vested 

in the Assistant Secretary of State for 

Administration, including authorities 

vested in the Secretary of State that have 

been or may be delegated to the 


srobinson on DSKHWCL6B1PROD with NOTICES