Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 78797 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3Securities Exchange Act Release No. 63443 

(December 6, 2010) (SR–Phlx–2010–170). 

4 Id. 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(5). 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(4). 

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 Number SR–BX– 

2010–089 and should be submitted on 

or before January 6, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–31628 Filed 12–15–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63522; File No. SR–Phlx2010–175] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NASDAQ 

OMX PHLX LLC To Change 

Implementation Date for Direct Access 

Fees 

December 10, 2010. 

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 

9, 2010, NASDAQ OMX PHLX LLC 

(‘‘Phlx’’ or the ‘‘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 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 a rule change 

to assess ‘‘direct access’’ fees on 

customers receiving Exchange data 

within the Exchange’s co-location 

facility beginning on January 1, 2011, 

rather than December 1, 2010. Direct 

access fees applicable to such customers 

were Noticed [sic] in SR–PHLX–2010– 

170,3 immediately effective as of the 

filing on November 24, 2010, with an 

implementation date of December 1, 

2010. In order to assure complete and 

clear prior notification to all affected 

customers, the Exchange is changing the 

implementation date of the fee schedule 

change to January 1, 2011. 

This change does not require a change 

in the language of the rule itself. 

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 

In SR–PHLX–2010–170,4 the 

Exchange amended its fee schedule to 

correct an anomaly that effectively 

exempted certain customers residing 

within the Exchange’s co-location 

facility from paying a monthly fee for 

direct access to Exchange data, while 

customers that receive data from an 

extranet and reside outside the colocation facility are assessed the fee. 

The inequity was a result of the 

definition of ‘‘direct access’’ in the fee 

schedule, which did not by its terms 

clearly apply to data feeds provided to 

customers through distributors located 

within the co-located facility. That rule 

filing expanded the definition of ‘‘direct 

access’’ and operated to assess the same 

direct access fee on all firms that have 

access to the Exchange’s raw data feeds, 

whether co-located or not. 

The Notice of Filing and Immediate 

Effectiveness for this fee contained an 

implementation date of December 1, 

2010. The effort to identify and notify 

all customers potentially affected by this 

rule change, however, has proven more 

time-consuming than expected. To 

assure that all customers that will be 

assessed the direct access fee have 

adequate prior notification, the 

Exchange is delaying implementation of 

the fee until January 1, 2011. None of 

the co-located customers that would 

have been newly subject to the direct 

access fee during December 2010 as a 

result of the fee amendment in SR– 

PHLX–2010–170 will be charged this fee 

during December 2010. 

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 Sections 6(b)(5) of 

the Act,6 in particular. The proposal 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 

regulating, clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest. The filing ensures clear 

and complete prior notification to 

customers affected by a fee change that 

permits transparent, uniform fees for 

direct access to Exchange data for all 

customers, whether co-located or not. 

In addition, the Exchange believes 

that the proposed rule change is 

consistent with the provisions of 

Section 6 of the Act,7 in general, and 

with Section 6(b)(4) of the Act,8 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 [sic] 

Exchange operates or controls. The 

Exchange notes that delayed 

implementation of the amendment will 

best serve the interests of customers 

affected by the fee change. 


srobinson on DSKHWCL6B1PROD with NOTICES
78798 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 

9 15 U.S.C. 78s(b)(3)(A)(ii). 10 17 CFR 200.30–3(a)(12). 

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.9 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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–Phlx–2010–175 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–2010–175. 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 Number SR–Phlx2010–175 and should be submitted on 

or before January 6, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–31630 Filed 12–15–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of Alternate Energy 

Holdings, Inc.; Order of Suspension of 

Trading 

December 14, 2010. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Alternate 

Energy Holdings, Inc. (‘‘AEHI’’) because 

of questions regarding the accuracy and 

adequacy of disclosures by AEHI 

concerning, among other things: (1) The 

stock sales of certain AEHI officers, (2) 

the status and viability of funding to 

build a nuclear reactor, and (3) 

executive compensation. AEHI is quoted 

on the OTC Bulletin Board and on the 

Pink Sheets operated by Pink OTC 

Markets, Inc. under the ticker symbol 

‘‘AEHI.’’ 

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 

company. 

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 company is 

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

EST, on December 14, 2010 through 

11:59 p.m. EST, on December 28, 2010. 

By the Commission. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–31698 Filed 12–14–10; 4:15 pm] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2010–1220] 

Airport Improvement Program: 

Proposed Changes to Benefit Cost 

Analysis (BCA) Threshold 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of Availability of Draft 

Guidance and Request for Comments. 

SUMMARY: The Federal Aviation 

Administration (FAA) is issuing this 

Notice to advise that FAA has 

developed draft guidance modifying its 

policy requiring benefit cost analyses 

(BCA) for capacity projects when 

applying for Airport Improvement 

Program (AIP) grants for capacity 

projects at the discretion of the 

Secretary of Transportation. This 

modification proposes to raise the 

threshold at which BCAs are required, 

from $5 million to $10 million in AIP 

Discretionary funds. 

FAA invites airport sponsors and 

other interested parties to comment on 

the draft guidance. FAA will consider 

these comments in promulgating final 

BCA guidance for airport sponsors. 

DATES: Send your comments on or 

before January 31, 2011. The FAA will 

consider comments received on the 

proposed policy guidance. Any 

necessary or appropriate revision to the 

guidance resulting from the comments 

received will be adopted as of the date 

of a subsequent publication in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Walsh, Financial Analysis and 

Passenger Facility Charge Branch (APP– 

510), Room 619, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 


srobinson on DSKHWCL6B1PROD with NOTICES