77050 Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices 

17See NASDAQ Rule 7018(b). 

18 15 U.S.C. 78f. 

19 15 U.S.C. 78f(b)(4). 

20See NASDAQ Rule 7018. 21 15 U.S.C. 78s(b)(3)(A)(ii). 22 17 CFR 200.30–3(a)(12). 

at an away market,17 which the 

Exchange believes is reasonable. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,18

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

the Act,19 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 PHLX operates or controls. The 

new routing fees are reasonable because 

they seek to recoup the cost of the 

execution on the other venue, which is 

generally borne by the order router and, 

ultimately, the routing exchange. 

The proposed fees generally mimic 

the routing fee structure in effect on 

NASDAQ for some time.20 The 

difference in the proposed routing fees 

as compared to NASDAQ’s routing fees 

is that PHLX is proposing to charge less 

than NASDAQ ($0.0027 versus $0.0030 

per share) for PSTG and PSCN orders 

routed to markets other than the NYSE 

(as compared to STGY and SCAN orders 

on NASDAQ). The Exchange believes 

that this difference is reasonable 

because it is the same charge that is 

applicable to orders executed on its own 

market. Similarly, the proposed $0.0027 

fee for PTFY and PCRT orders executed 

on NASDAQ is the same charge that is 

applicable to orders executed on PSX’s 

own market. 

The Exchange also believes that the 

proposed routing fees are equitable. All 

similarly situated members are subject 

to the same fee structure, and access to 

PHLX is offered on fair and nondiscriminatory terms; specifically, the 

same routing fee, credit or pass through 

fee applies to any participant and does 

not differ based on user type (e.g., 

customer or broker-dealer). 

Furthermore, the new routing fees are 

reasonable and equitable in that the 

decision to send routable orders and to 

use PHLX as a router is entirely 

voluntarily; members can avail 

themselves of numerous other means of 

directing orders to other venues, 

including becoming members of those 

markets or using any of a number of 

competitive routing services offered by 

other exchanges and brokers. 

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. Because the 

market for order execution and routing 

is extremely competitive, members may 

readily opt to disfavor PHLX’s execution 

and routing services if they believe that 

alternatives offer them better value. For 

this reason and the reasons discussed in 

connection with the statutory basis for 

the proposed rule change, PHLX does 

not believe that the proposed fees will 

impair the ability of members or 

competing order execution venues to 

maintain their competitive standing in 

the financial markets. 

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.21 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 

No. SR–Phlx–2011–154 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–2011–154. 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–2011– 

154 and should be submitted on or 

before December 30, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2011–31599 Filed 12–8–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending November 19, 

2011 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices 77051 

Regulations (See 14 CFR 301.201 et 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period, DOT may process the 

application by expedited procedures. 

Such procedures may consist of the 

adoption of a show-cause order, a 

tentative order, or in appropriate cases 

a final order without further 

proceedings. 

Docket Number: DOT–OST–2005– 

21805. 

Date Filed: November 18, 2011. 

Due Date for Answers, Conforming 

Applications, or Motion To Modify 

Scope: December 9, 2011. 

Description: 

Application of Tyrolean Jet Service 

Nfg. GmbH & Co KG t/a Tyrolean Jet 

Services (‘‘Tyrolean Jet Services’’) 

requesting an exemption and an 

amended foreign air carrier permit 

authorizing Tyrolean Jet Services to 

conduct (a) Charter services authorized 

under its existing foreign air carrier 

permit using large aircraft, and (b) 

charter transportation authorized by any 

additional route rights made available to 

European Union carriers in the future. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. 2011–31498 Filed 12–8–11; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 5452 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning Form 

5452, Corporate Report of Nondividend 

Distributions. 

DATES: Written comments should be 

received on or before February 7, 2012 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Yvette B. Lawrence, Internal Revenue 

Service, room 6129, 1111 Constitution 

Avenue NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Joel Goldberger at 

Internal Revenue Service, room 6129, 

1111 Constitution Avenue NW., 

Washington, DC 20224, or at (202) 927– 

9368, or through the Internet at Joel.P.

Goldberger@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Corporate Report of 

Nondividend Distributions. 

OMB Number: 1545–0205. 

Form Number: 5452. 

Abstract: Form 5452 is used by 

corporations to report their nontaxable 

distributions as required by Internal 

Revenue Code section 604(d)(2). The 

information is used by IRS to verify that 

the distributions are nontaxable as 

claimed. 

Current Actions: There is no change to 

this existing form. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Responses: 

1,700. 

Estimated Number of Respondents: 34 

hours, 3 minutes. 

Estimated Total Annual Burden 

Hours: 57,885. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any Internal 

Revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: November 30, 2011. 

Yvette B. Lawrence, 

IRS Reports Clearance Officer. 

[FR Doc. 2011–31584 Filed 12–8–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 13704 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning Form 

13704, Health Coverage Tax Credit 

Registration Update Form. 

DATES: Written comments should be 

received on or before February 7, 2012 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Yvette B. Lawrence, Internal Revenue 

Service, room 6129, 1111 Constitution 

Avenue NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Joel Goldberger, 

(202) 927–9368, at Internal Revenue 

Service, room 6129, 1111 Constitution 

Avenue NW., Washington, DC 20224, or 

through the Internet at 

Joel.P.Goldberger@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Health Coverage Tax Credit 

Registration Update Form. 

OMB Number: 1545–1954. 

Form Number: 13704. 

Abstract: Internal Revenue Code 

Sections 35 and 7527 enacted by Public 

Law 107–210 (see attachment) require 

the Internal Revenue Service to provide 

payments of the HCTC to eligible 

individuals beginning August 1, 2003. 

The IRS will use the Registration 

Update Form to ensure, that the 


srobinson on DSK4SPTVN1PROD with NOTICES