11184 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

the current rules that govern the topics 

currently identified in outdated rule 

references in the Minor Rule Violation 

Plan as well as adding additional 

elements of the rules governing DMM 

conduct. 

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 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 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 45 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve or disapprove 

such proposed rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be 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 

Number SR–NYSE–2012–05 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–NYSE–2012–05. 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 the 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–NYSE– 

2012–05 and should be submitted on or 

before March 16, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–4282 Filed 2–23–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66414; File No. SR–BX– 

2012–009] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change to BX Rule 

7021 

February 16, 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 February 

8, 2012, NASDAQ OMX BX, Inc. (‘‘BX’’ 

or ‘‘Exchange’’) 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 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 [sic] a rule 

change to BX Rule 7021 to make 

available at no cost and on a voluntary 

basis certain market data about market 

participants’ own trading on BX. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

nasdaqomxbx.cchwallstreet.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 

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 

BX is proposing to make available to 

members the Trading and Compliance 

Data Package under BX Rule 7021 

(‘‘Data Package’’). The Data Package 

allows member firms to obtain via 

NasdaqTrader.com information 

regarding their own historical quoting 

and trading activity on BX. The Data 

Package will provide BX Participants 

with historical data reports containing 

trade reporting information about the 

Participant’s own trades in BX, for 

delivery on an end-of-day or T+1 basis. 

The Exchange may modify the contents 

of the BX Trading and Compliance Data 

Package from time to time based on 

subscriber interest. 

The Data Package also provides 

member firms with information 

concerning their compliance with BX 

and FINRA rules. In this regard, member 

firms that subscribe to the Data Package 

can obtain the following reports: (1) 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 11185 

3 15 U.S.C. 78f. 

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

5 15 U.S.C. 78s(b)(3)(A). 

6 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 the five-day prefiling requirement. 

Monthly Compliance Report Cards, 

which outline firm’s own compliance 

with various FINRA rules; (2) Monthly 

Summaries, which provide monthly 

trading volume statistics for the top 50 

market participants broken down by 

industry sector, security or type of 

trading; and (3) Historical Research 

Reports, which provide a variety of 

historical trading data such as a market 

maker’s quote updates, order activity, 

and detailed trade reporting 

information. 

Use of this service is voluntary and 

member firms have the option of 

subscribing or not as they choose. Users 

will have the option to request and 

download these reports as a standalone 

product, and subscribers to the existing 

NASDAQ Exchange Trading and 

Compliance Data package who are BX 

Participants will also have the option to 

request BX reports through their 

existing service. In either case, the 

Exchange will not charge a fee for the 

BX version at this time. 

2. Statutory Basis 

NASDAQ [sic] believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,3

in general, and Section 6(b)(4) and 

6(b)(5) of the Act.4 The proposed rule 

change is consistent with Section 6(b)(4) 

because 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 that BX operates or 

controls, and it does not unfairly 

discriminate between customers, 

issuers, brokers or dealers. 

BX believes it is fair and reasonable 

to offer the Data Package service at no 

cost and on a voluntary basis to users. 

The product is designed to enhance 

members’ ability to provide liquidity 

and to trade on BX by making market 

data available quickly and in a useful 

format. In the event BX decides at a later 

date to assess a fee for the Data Package, 

BX will file a proposed rule change in 

accordance with the Act. Additionally, 

the proposal is not unreasonably 

discriminatory in that the Data Package 

will be offered at no charge to all 

members equally. 

Additionally, the proposed rule 

change is consistent with Section 6(b)(5) 

of the Act which requires that exchange 

rules be 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. As described above, the 

Data Package is designed to enhance the 

quality of trading on BX by providing 

members with tools to assess their 

trading results. Additionally, the Data 

Package enables members to assess their 

trading practices from a regulatory and 

compliance perspective. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

To the contrary, the proposed rule 

change is pro-competitive in that it will 

allow the Exchange to disseminate a 

new product on a voluntary basis. The 

Data Package is voluntary on the part of 

the Exchange which is not required to 

offer such products, and voluntary on 

the part of prospective users that are not 

required to use it. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) 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 5 and Rule 19b– 

4(f)(6) thereunder.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. 

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 

Number SR–BX–2012–009 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–BX–2012–009. 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 the 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– 

2012–009 and should be submitted on 

or before March 16, 2012. 


srobinson on DSK4SPTVN1PROD with NOTICES
11186 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 

7 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–4280 Filed 2–23–12; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7806] 

In the Matter of the Review of the 

Designation of the Islamic Jihad 

Union; AKA Islamic Jihad Group; AKA 

Jama’at al-Jihad; AKA The Libyan 

Society; AKA The Kazakh Jama’at; 

AKA The Jamaat Mojahedin; AKA 

Jamiyat; AKA Jamiat al-Jihad al-Islami; 

AKA Dzhamaat Modzhakhedov; AKA 

Islamic Jihad Group of Uzbekistan; 

AKA al-Djihad al-Islami; AKA Islomiy 

Jihod Ittihodi; AKA Ittihad al-Jihad alIslami as a Foreign Terrorist 

Organization Pursuant to Section 219 

of the Immigration and Nationality Act, 

as Amended 

Based upon a review of the 

Administrative Record assembled in 

these matters pursuant to Section 

219(a)(4)(C) of the Immigration and 

Nationality Act, as amended (8 U.S.C. 

1189[a][4][C]) (‘‘INA’’), and in 

consultation with the Attorney General 

and the Secretary of the Treasury, I 

conclude that the circumstances that 

were the basis for the 2005 designation 

of the aforementioned organization as a 

foreign terrorist organization have not 

changed in such a manner as to warrant 

revocation of the designation and that 

the national security of the United 

States does not warrant a revocation of 

the designation. 

Therefore, I hereby determine that the 

designation of the aforementioned 

organization as a foreign terrorist 

organization, pursuant to Section 219 of 

the INA (8 U.S.C. 1189), shall be 

maintained. 

This determination shall be published 

in the Federal Register. 

Dated: February 16, 2012. 

Hillary Rodham Clinton, 

Secretary of State. 

[FR Doc. 2012–4334 Filed 2–23–12; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF TRANSPORTATION 

[Docket No. DOT–OST–2011–0022] 

Request for Comments on a New 

Information Collection 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below is being forwarded to the Office 

of Management and Budget (OMB) for 

review and comments. A Federal 

Register Notice with a 60-day comment 

period soliciting comments on the 

following information collection was 

published on August 23, 2011 (76 FR 

52731). 

DATES: Comments must be submitted on 

or before March 26, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Blane Workie or Daeleen Chesley, Office 

of the Secretary, Office of the Assistant 

General Counsel for Aviation 

Enforcement and Proceedings (C–70), 

Department of Transportation, 1200 

New Jersey Ave. SE., Washington, DC 

20590, (202) 366–9342 (voice) 202–366– 

7152 (fax) or at Blane.Workie@dot.gov or 

Daeleen.Chesley@dot.gov. 

SUPPLEMENTARY INFORMATION: Title: 

Submission of Aviation Consumer 

Protection Division Web page On-Line 

Aviation Complaint Form. 

Type of Request: Request for an OMB 

control number for a new information 

collection. 

Abstract: The Department of 

Transportation’s (Department) Office of 

the Assistant General Counsel for 

Aviation Enforcement and Proceedings 

(Enforcement Office) has broad 

authority under 49 U.S.C., Subtitle VII, 

to investigate and enforce consumer 

protection and civil rights laws and 

regulations related to air transportation. 

The Enforcement Office, including its 

Aviation Consumer Protection Division 

(ACPD), monitors compliance with and 

investigates violations of the 

Department of Transportation’s aviation 

economic, consumer protection, and 

civil rights requirements. 

Among other things, the office is 

responsible for receiving and 

investigating service-related consumer 

complaints filed against air carriers. 

Once received, the complaints are 

reviewed by the office to determine the 

extent to which carriers are in 

compliance with federal aviation 

consumer protection and civil rights 

laws and what, if any, action should be 

taken. 

The key reason for this request is to 

enable consumers to file their 

complaints to the Department using an 

on-line form. If the information 

collection form is not available, the 

Department may receive fewer 

complaints from consumers. The lack of 

information could inhibit the 

Departments’ ability to improve airline 

consumer satisfaction, effectively 

investigate individual complaints 

against an air carrier, and/or determine 

patterns and practices that may develop 

with an air carrier’s services in violation 

of our rules. The information collection 

also furthers the objectives of 49 U.S.C. 

41712, 40101, 40127, 41702, and 41705 

to protect consumers from unfair or 

deceptive practices, to protect the civil 

rights of air travelers, and to ensure safe 

and adequate service in air 

transportation. 

Filing a complaint using a web-based 

form is voluntary and minimizes the 

burden on the public. Consumers can 

also choose to file a complaint with the 

Department by sending a letter using 

regular mail or by phone message. The 

type of information requested on the online form includes complainant’s name, 

address, daytime phone number 

(including area code) and email address, 

name of the airline or company about 

which she/he is complaining, flight 

date, flight number, and origin and 

destination cities of complainant’s trip. 

A consumer may also use the form to 

give a description of a specific problem 

or to ask for air-travel related 

information from the ACPD. The 

Department has limited its 

informational request to only that 

information necessary to meet its 

program and administrative monitoring 

and enforcement requirements. 

On August 23, 2011, the Department 

published a 60-day notice in the Federal 

Register (76 FR 52732) asking for 

comments on whether this collection of 

information is necessary for the proper 

performance of the functions of the 

Department. We received one comment 

in the docket from a commenter that 

supported the Department collecting the 

information. 

Respondents: Consumers that Choose 

to File an On-Line Complaint with the 

Aviation Consumer Protection Division. 

Estimated Number of Respondents: 

8,693 (based on CY 2011 data). 

Estimated Total Burden on 

Respondents: 2,173.25 (hours), 130,395 

(minutes). 

ADDRESSES: Send comments regarding 

the burden estimate, including 

suggestions for reducing the burden, to 


srobinson on DSK4SPTVN1PROD with NOTICES