Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25773 

16 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 53046 

(January 3, 2006), 71 FR 1459 (January 9, 2006) (SR– 

Phlx–2005–89). The Exchange noted in its filing 

that the $50 per month fee would be applicable to 

any part of a month. 

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

5 15 U.S.C. 78f(b)(4). 

6 15 U.S.C. 78s(b)(3)(A)(ii). 

should refer to File Number SR– 

NYSEAmex–2012–23 and should be 

submitted on or before May 22, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–10391 Filed 4–30–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66859; File No. SR–Phlx– 

2012–52] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to the 

Account Fee 

April 25, 2012. 

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 April 18, 

2012, NASDAQ OMX PHLX LLC 

(‘‘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 the 

Account Fee displayed in the Pricing 

Schedule at Section VI, A entitled 

‘‘Membership Fees.’’ 

While fee changes pursuant to this 

proposal are effective upon filing, the 

Exchange has designated these changes 

to be operative on May 1, 2012. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://nasdaqtrader.com/ 

micro.aspx?id=PHLXfilings, 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this filing is to recoup 

some of the billing and processing costs 

associated with participant accounts. 

The proposed amendment would also 

encourage members to discontinue 

holding inactive trading accounts, 

which the Exchange believes should, in 

turn, eliminate the need to expend 

resources to create additional account 

fields. As a result, the staff time 

allocated to maintaining account 

records would be reduced, which would 

allow for a more efficient use of staff 

resources. 

Currently, member organizations 

receive one free account for each permit 

assigned to the member organization 

and the Exchange assesses an Account 

Fee of $50.00 for each additional 

account a member holds. The Exchange 

initially adopted this Account Fee in 

2006 to encourage member 

organizations to discontinue holding 

inactive trading accounts, which the 

Exchange believed would, in turn, 

eliminate the need to expend resources 

to create additional account.3 The 

Exchange is proposing to amend this fee 

to assess an Account Fee of $50.00 per 

month for each account held by a 

member organization. The Exchange 

would remove the following text from 

the Pricing Schedule ‘‘for each account 

beyond the number of permits billed to 

that member organization.’’ While today 

member organizations receive one free 

account for each permit assigned to the 

member organization, the proposal 

would bill a member organization 

$50.00 for each account. The Account 

Fee would cover any month, or any part 

of a month, during which an account is 

maintained by a member. 

Member organizations are not 

restricted in the number of trading 

accounts they may request through the 

Exchange’s Membership Department. In 

many instances, multiple accounts are 

requested by a member organization as 

a means of tracking various trading 

activity using the Exchange’s account 

numbers or because they have multiple 

clearing arrangements. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its Pricing Schedule 

is consistent with Section 6(b) of the 

Act 4 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 5

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. 

The Exchange believes that the 

proposed amendment to the Account 

Fee is reasonable because it seeks to 

recoup costs incurred by the Exchange. 

Further, the Exchange is seeking to 

incentivize members to discontinue 

inactive trading accounts. The Exchange 

also believes that the proposed Account 

Fee is equitable and not unfairly 

discriminatory because it would be 

uniformly applied to all members. 

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 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act.6 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 

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25774 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 

7 17 CFR 200.30–3(a)(12). 

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 

No. SR–Phlx–2012–52 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–Phlx–2012–52. 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 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–Phlx–2012– 

52 and should be submitted on or before 

May 22, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–10392 Filed 4–30–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Order of Suspension of Trading; In the 

Matter of Berman Center, Inc., 

Cyberkinetics Neurotechnology 

Systems, Inc., and Java Detour, Inc. 

April 27, 2012. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Berman 

Center, Inc. because it has not filed any 

periodic reports since the period ended 

December 31, 2007. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Cyberkinetics Neurotechnology 

Systems, Inc. because it has not filed 

any periodic reports since the period 

ended June 30, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Java Detour, 

Inc. because it has not filed any periodic 

reports since the period ended 

September 30, 2009. 

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 abovelisted companies is suspended for the 

period from 9:30 a.m. EDT on April 27, 

2012, through 11:59 p.m. EDT on May 

10, 2012. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2012–10568 Filed 4–27–12; 4:15 pm] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #13067 and #13068] 

Kansas Disaster #KS–00063 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of Kansas dated 04/23/ 

2012. 

Incident: Severe storms, hail and 

tornadoes. 

Incident Period: 04/14/2012 through 

04/15/2012. 

Effective Date: 04/23/2012. 

Physical Loan Application Deadline 

Date: 06/22/2012. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 01/23/2013. 

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: Sedgwick. 

Contiguous Counties: 

Kansas: Butler, Cowley, Harvey, 

Kingman, Reno, Sumner. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Homeowners With Credit Available Elsewhere ...................... 3.750 

Homeowners Without Credit 

Available Elsewhere .............. 1.875 

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

Businesses Without Credit 

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

Non-Profit Organizations With 

Credit Available Elsewhere ... 3.125 

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 

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