Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 52375 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s 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 

of the proposed rule change, or such shorter time 

as designated by the Commission. The Exchange 

has satisfied this requirement. 

10See SR–Phlx-2011–116, Item 7. 

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). 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(2). 

5A Member is any registered broker or dealer that 

has been admitted to membership in the Exchange. 

Commission to assess the impact of the 

Exchange’s authority to receive direct 

inbound routes of option orders via 

NOS (including the attendant 

obligations and conditions) while the 

Commission evaluates the Exchange’s 

pending rule change to make the pilot 

program permanent. 

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, as amended. 

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 

Because the foregoing proposed rule 

change does not significantly affect the 

protection of investors or the public 

interest, does not impose any significant 

burden on competition, and, by its 

terms, does not become operative for 30 

days from the date on which it was 

filed, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 8 and Rule 19b– 

4(f)(6) thereunder.9

The Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Exchange believes that the 

proposed rule change does not 

significantly affect the protection of 

investors or the public interest because 

it seeks to extend for a limited period 

a currently operating pilot program so as 

to allow the Exchange and Commission 

to assess whether to make the pilot 

permanent in accordance with its 

attendant obligations and conditions.10

The Commission believes that waiver of 

the operative delay is consistent with 

the protection of investors and the 

public interest because such waiver 

would allow the pilot period to be 

extended without undue delay through 

November 25, 2011 while the 

Exchange’s proposal to make the pilot 

permanent is under consideration. 

Therefore, the Commission designates 

the proposal operative upon filing.11

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. 

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-2011–116 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-2011–116. 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 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–Phlx-2011–116, and should 

be submitted on or before September 12, 

2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–21320 Filed 8–19–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–65143; File No. SR–BYX– 

2011–016] 

Self-Regulatory Organizations; BATS 

Y-Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Related to Fees for Use 

of BATS Y-Exchange, Inc. 

August 16, 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 August 

12, 2011, BATS Y-Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BYX’’) 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 Exchange. The Exchange has 

designated the proposed rule change as 

one establishing or changing a member 

due, fee, or other charge imposed by the 

Exchange under Section 19(b)(3)(A)(ii) 

of the Act 3 and Rule 19b–4(f)(2) 

thereunder,4 which renders the 

proposed rule change effective upon 

filing with the Commission. 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 

fee schedule applicable to Members 5 of 


jlentini on DSK4TPTVN1PROD with NOTICES
52376 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 

6As defined in BYX Rule 11.9(c)(12). 

7As defined in BYX Rule 11.13(a)(3)(G). 

8 15 U.S.C. 78f. 

9 15 U.S.C. 78f(b)(4). 

10 15 U.S.C. 78s(b)(3)(A)(ii). 

11 17 CFR 240.19b–4(f)(2). 

the Exchange pursuant to BYX Rules 

15.1(a) and (c). Changes to the fee 

schedule pursuant to this proposal will 

be effective upon filing. 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://www.batstrading.com, 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to modify its 

fee schedule applicable to use of the 

Exchange in order to modify pricing 

related to executions that occur on 

EDGA EXCHANGE, Inc. (‘‘EDGA’’) 

through either a BYX + EDGA 

Destination Specific Order 6 or through 

the Exchange’s TRIM routing strategy.7

EDGA is implementing certain pricing 

changes effective August 1, 2011, 

including introduction of a fee to 

remove liquidity of $0.0006 per share. 

To maintain a direct pass through of the 

applicable cost to execute at EDGA, the 

Exchange proposes to charge $0.0006 

per share for an order routed through its 

TRIM routing strategy and executed on 

EDGA. Similarly, because EDGA is part 

of the Exchange’s ‘‘One Under’’ pricing 

program for Destination Specific Orders, 

the Exchange intends to continue to 

charge $0.0001 per share less than if a 

Member executed an order directly on 

EDGA. Accordingly, the Exchange 

proposes to charge $0.0005 per share for 

an order routed as a Destination Specific 

Order to EDGA and executed on EDGA, 

which is $0.0001 per share less than 

EDGA charges directly. The Exchange’s 

‘‘One Under’’ pricing does not apply to 

securities priced below $1.00. In 

addition, the Exchange will maintain 

the pricing currently charged by the 

Exchange for all other Destination 

Specific Orders. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder that 

are applicable to a national securities 

exchange, and, in particular, with the 

requirements of Section 6 of the Act.8

Specifically, the Exchange believes that 

the proposed rule change is consistent 

with Section 6(b)(4) of the Act,9 in that 

it provides for the equitable allocation 

of reasonable dues, fees and other 

charges among members and other 

persons using any facility or system 

which the Exchange operates or 

controls. The Exchange notes that it 

operates in a highly competitive market 

in which market participants can 

readily direct order flow to competing 

venues if they deem fee levels at a 

particular venue to be excessive. The 

Exchange believes that the proposed 

changes to certain of the Exchange’s 

non-standard routing fees and strategies 

are competitive, fair and reasonable, and 

non-discriminatory in that they are 

equally applicable to all Members and 

are designed to mirror or provide a 

discount to the cost applicable to the 

execution if such routed orders were 

executed directly by the Member at 

EDGA Exchange. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change imposes any 

burden on competition. 

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. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Pursuant to Section 19(b)(3)(A)(ii) of 

the Act 10 and Rule 19b–4(f)(2) 

thereunder,11 the Exchange has 

designated this proposal as establishing 

or changing a due, fee, or other charge 

applicable to the Exchange’s Members 

and non-members, which renders the 

proposed rule change effective 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. 

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 

No. SR–BYX–2011–016 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–BYX–2011–016. 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–BYX– 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 52377 

12 17 CFR 200.30–3(a)(12). 

2011–016 and should be submitted on 

or before September 12, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–21349 Filed 8–19–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Colorado Wyoming Reserve Co., Grant 

Life Sciences, Inc., NOXSO Corp., 

Omni Medical Holdings, Inc., and TSI, 

Inc., Order of Suspension of Trading 

August 18, 2011. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Colorado 

Wyoming Reserve Company because it 

has not filed any periodic reports since 

the period ended March 31, 2007. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Grant Life 

Sciences, Inc. because it has not filed 

any periodic reports since the period 

ended March 31, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of NOXSO 

Corp. because it has not filed any 

periodic reports since the period ended 

December 31, 2004. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Omni 

Medical Holdings, Inc. because it has 

not filed any periodic reports since the 

period ended December 31, 2005. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of TSI, Inc. 

because it has not filed any periodic 

reports since the period ended 

September 30, 2004. 

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 August 

18, 2011 through 11:59 p.m. EDT on 

August 31, 2011. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2011–21481 Filed 8–18–11; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Consolidated Energy, Inc., Diamond 

Home Services, Inc., Goran Capital 

Inc., Kingsley Coach, Inc. (The), 

Knockout Holdings, Inc., and Kuhlman 

Co., Inc.; Order of Suspension of 

Trading 

August 18, 2011. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Consolidated Energy, Inc. because it has 

not filed any periodic reports since the 

period ended September 30, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Diamond 

Home Services, Inc. because it has not 

filed any periodic reports since the 

period ended September 30, 1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Goran 

Capital Inc. because it has not filed any 

periodic reports since the period ended 

March 31, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Kingsley 

Coach, Inc. (The) because it has not filed 

any periodic reports since the period 

ended March 31, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Knockout 

Holdings, Inc. because it has not filed 

any periodic reports since the period 

ended June 30, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Kuhlman 

Co., Inc. because it has not filed any 

periodic reports since the period ended 

October 28, 2006. 

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 August 

18, 2011, through 11:59 p.m. EDT on 

August 31, 2011. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2011–21480 Filed 8–18–11; 4:15 pm] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

National Small Business Development 

Center Advisory Board 

AGENCY: U.S. Small Business 

Administration (SBA). 

ACTION: Notice of open Federal Advisory 

Committee meetings. 

SUMMARY: The SBA is issuing this notice 

to announce the location, date, time and 

agenda for the Board Meeting of the 

National Small Business Development 

Center (SBDC) Advisory Board at the 

ASBDC Conference. 

DATES: Wednesday, September 7, 2011 

from 8:30 a.m.–12 p.m. 

ADDRESSES: Manchester Grand Hyatt, 

One Market Place, San Diego, CA 92101. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a) of the Federal Advisory 

Committee Act (5 U.S.C. Appendix 2), 

SBA announces the meetings of the 

National SBDC Advisory Board. This 

Board provides advice and counsel to 

the SBA Administrator and Associate 

Administrator for Small Business 

Development Centers. 

The purpose of these meetings is to 

discuss following issues pertaining to 

the SBDC Advisory Board.: 

—SBA Update. 

—International Expansion. 

—Use of Social Media. 

—Member Roundtable. 

FOR FURTHER INFORMATION CONTACT: The 

meeting is open to the public however 

advance notice of attendance is 

requested. Anyone wishing to be a 

listening participant must contact 

Alanna Falcone by fax or e-mail. Her 

contact information is Alanna Falcone, 

Program Analyst, 409 Third Street, SW., 

Washington, DC 20416, Phone, 202– 

619–1612, Fax 202–481–0134, e-mail, 

alanna.falcone@sba.gov. 

Additionally, if you need 

accommodations because of a disability 

or require additional information, please 


jlentini on DSK4TPTVN1PROD with NOTICES