Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 11615 

9 15 U.S.C. 78s(b)(3)(A). 

10 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. 

11See supra note 4. 

12For 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). 

13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

price points will result in fractured 

liquidity. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

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 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

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 9 and Rule 19b– 

4(f)(6) thereunder.10

The Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Commission believes that 

waiver of the operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposal is substantially 

similar to those of other exchanges that 

have been approved by the Commission 

that permit such exchanges to select up 

to 30 classes to participate in their 

respective short term option series 

programs.11 Therefore, the Commission 

designates the proposal operative upon 

filing.12

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–ISE–2012–08 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–ISE–2012–08. 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–ISE– 

2012–08 and should be submitted on or 

before March 19, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–4420 Filed 2–24–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66426; File No. SR–Phlx– 

2012–17] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Amending the 

Fee Schedule to Define a Market Maker 

February 21, 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 

7, 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 

Preface to its Fee Schedule to add a 

definition for a ‘‘Market Maker.’’ In 

addition, the Exchange proposes to 

delete outdated language in the Preface. 

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 


srobinson on DSK4SPTVN1PROD with NOTICES
11616 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 

3A Specialist is an Exchange member who is 

registered as an options specialist pursuant to Rule 

1020(a). 

4A Registered Option Trader is defined in 

Exchange Rule 1014(b) as a regular member of the 

Exchange located on the trading floor who has 

received permission from the Exchange to trade in 

options for his own account. A ROT includes SQTs 

and RSQTs as well as on and off-floor ROTs. 

5An SQT is defined in Exchange Rule 

1014(b)(ii)(A) as an ROT who has received 

permission from the Exchange to generate and 

submit option quotations electronically in options 

to which such SQT is assigned. 

6A RSQT is defined in Exchange Rule 

1014(b)(ii)(B) as an ROT that is a member or 

member organization with no physical trading floor 

presence who has received permission from the 

Exchange to generate and submit option quotations 

electronically in options to which such RSQT has 

been assigned. 

7See Securities Exchange Act Release No. 64338 

(April 25, 2011), 76 FR 24069 (April 25, 2011) (SR– 

Phlx–2011–13) (a rule change, which among other 

things, eliminates the foreign currency options 

participant from the Exchange’s Rules). 

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

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

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

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 rule filing is to 

define the term ‘‘Market Maker’’ and 

utilize the term in describing certain 

market participants with respect to 

transaction fees. The Exchange believes 

that utilizing the term ‘‘Market Maker’’ 

as a category of market participant to 

describe transaction fees would further 

clarify the Fee Schedule. 

The Exchange proposes to amend the 

Preface to the Fee Schedule to add 

language to define a ‘‘Market Maker’’ as 

a Specialist,3 Registered Options Trader 

(‘‘ROT’’),4 Streaming Quote Trader 

(‘‘SQT’’),5 and Remote Streaming Quote 

Trader (‘‘RSQT’’).6 The Exchange 

proposes to also amend the Fee 

Schedule to replace the market 

participant category of ‘‘Specialists, 

ROTs, SQTs and RSQTs’’ with the term 

‘‘Market Maker’’ where transaction fees 

are specified. As currently noted in the 

Preface, while Directed Participants are 

Specialists and ROTs, including SQTs 

and RSQTs, and therefore Market 

Makers, they are assessed different 

transaction fees and are therefore not 

included in the definition of ‘‘Market 

Maker’’ for purposes of defining 

categories of market participants. 

The Exchange also proposes to delete 

certain outdated language in the Preface 

which describes a ROT. The Exchange 

previously filed a rule change to 

eliminate a foreign currency options 

participant from the Exchange’s Rules.7

The Exchange is proposing to update 

footnote 7 in the Preface of the Fee 

Schedule to reflect the current text of 

Rule 1014 and eliminate the words ‘‘or 

a foreign currency options participant.’’ 

The Exchange also proposes to make 

other grammatical corrections to 

capitalize the word ‘‘Specialist’’ in the 

Fee Schedule. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its Fee Schedule is 

consistent with Section 6(b) of the Act 8

in general, and furthers the objectives of 

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

in that it is an equitable allocation of 

reasonable fees and other charges among 

Exchange members. 

The Exchange believes that amending 

the Fee Schedule to describe Specialists, 

ROTs, SQTs and RSQTs as Market 

Makers is reasonable because other 

exchanges utilize the term Market 

Maker in their fee descriptions. Also, 

the Exchange believes that the proposal 

is equitable and not unfairly 

discriminatory because the Exchange is 

proposing to utilize a term that is 

known among its members to describe 

a fee category. Also, the Exchange’s 

definition in the Preface provides 

guidance on how the term is being 

utilized in the Fee Schedule as are other 

market participant terms. 

The Exchange believes that deleting 

outdated language is reasonable, 

equitable and not unfairly 

discriminatory as the text of the Fee 

Schedule would be consistent with 

other Rules. 

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.10 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–2012–17 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–2012–17. 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 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 11617 

11 17 CFR 200.30–3(a)(12). 

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– 

17 and should be submitted on or before 

March 19, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–4400 Filed 2–24–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

PGI Energy, Inc.; Order of Suspension 

of Trading 

February 23, 2012. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of PGI Energy, 

Inc. f/k/a Tensas, Inc. (‘‘PGI Energy’’) 

because of questions regarding the 

accuracy and adequacy of 

representations by PGI Energy in press 

releases and other public statements 

concerning the company’s business 

activities and contracts, and the nature 

and timing of a dividend the company 

announced to shareholders. PGI Energy 

is quoted on OTC Link operated by OTC 

Markets Group, Inc. under the ticker 

symbol ‘‘PGIE.’’ 

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 February 23, 2012 through 

11:59 p.m. EST, on March 7, 2012. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–4618 Filed 2–23–12; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Jetronic Industries, Inc. (n/k/a New 

Bastion Development, Inc.), JMAR 

Technologies, Inc., Kolorfusion 

International, Inc. Legalopinion.com (n/ 

k/a Drayton Richdale Corp.), 

Lifestream Technologies, Inc., Lions 

Petroleum, Inc., (n/k/a China Hongxing 

Agritech, Inc.), Luna Technologies 

International, Inc., Litewave Corp., MDI, 

Inc., and MobilePro Corp.; Order of 

Suspension of Trading 

DATE: February 23, 2012. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Jetronic 

Industries, Inc. (n/k/a New Bastion 

Development, Inc.) because it has filed 

only two periodic reports since the 

period ended January 31, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of JMAR 

Technologies, Inc. because it has not 

filed any periodic reports since the 

period ended September 30, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Kolorfusion 

International, Inc. because it has not 

filed any periodic reports since 

September 30, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Legalopinion.com (n/k/a Drayton 

Richdale Corp.) because it has not filed 

any periodic reports from the period 

ended December 31, 2000 through the 

period ended December 31, 2008, or 

from the period ended June 30, 2009 

through the period ended September 30, 

2010. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Lifestream 

Technologies, Inc. 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 Lions 

Petroleum, Inc. (n/k/a China Hongxing 

Agritech, 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 Luna 

Technologies International, 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 Litewave 

Corp. because it has not filed any 

periodic reports since the period ended 

September 30, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of MDI, Inc. 

because it has not filed any periodic 

reports since the period ended 

September 30, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of MobilePro 

Corp. because it has not filed any 

periodic reports since the period ended 

March 31, 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 above-listed companies 

is suspended for the period from 9:30 

a.m. EST on February 23, 2012, through 

11:59 p.m. EST on March 7, 2012. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2012–4619 Filed 2–23–12; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Data Collection Available for Public 

Comments and Recommendations 

ACTION: 60-Day notice and request for 

comments. 8(a) Business Development 

Program. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Small Business 

Administration’s intentions to request 

approval on a new and/or currently 

approved information collection. 

DATES: Submit comments on or before 

April 27, 2012. 

ADDRESSES: Send all comments 

regarding whether this information 

collection is necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 


srobinson on DSK4SPTVN1PROD with NOTICES