Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 13377 

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

2 17 CFR 240.19b–4. 

3The term ‘‘Select Symbols’’ refers to the symbols 

which are subject to the Rebates and Fees for 

Adding and Removing Liquidity in Section I of the 

Exchange’s Fee Schedule. 

terminal radiation surveys and 

associated documentation demonstrate 

that the facilities and site may be 

released in accordance with the criteria 

in the NRC-approved decommissioning 

plan. Further, on the basis of the 

decommissioning activities carried out 

by the U of AZ, the NRC’s review of the 

licensee=s final status survey report, the 

results of NRC inspections conducted at 

the NRL, and the results of confirmatory 

surveys, the NRC has concluded that the 

decommissioning process is complete 

and the facilities and sites may be 

released for unrestricted use. Therefore, 

Facility Operating License No. R–52 is 

terminated. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated December 1, 2011. The above 

referenced documents may be 

examined, and/or copied for a fee, at the 

NRC’s Public Document Room (PDR) at 

One White Flint North, 11555 Rockville 

Pike (first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically in the NRC 

Library in the Agencywide Documents 

Access and Management System 

(ADAMS) on the Internet at the NRC 

Web site, http://www.nrc.gov/readingrm/adams.html. Persons who do not 

have access to ADAMS or who have 

problems in accessing the documents in 

ADAMS should call the NRC PDR 

reference staff at 1–800–397–4209 or 

301–415–4737 or email pdr@nrc.gov. 

Dated at Rockville, Maryland, this 28th day 

of February 2012. 

For the Nuclear Regulatory Commission. 

Keith I. McConnell, 

Deputy Director, Decommissioning and 

Uranium Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. 2012–5363 Filed 3–5–12; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a Closed Meeting 

on Thursday, March 8, 2012 at 2 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Walter, as duty officer, 

voted to consider the items listed for the 

Closed Meeting in a closed session. 

The subject matter of the Closed 

Meeting scheduled for Thursday, March 

8, 2012 will be: 

Institution and settlement of injunctive 

actions; 

Institution and settlement of 

administrative proceedings; 

A litigation matter; 

An adjudicatory matter; and 

Other matters relating to enforcement 

proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: The Office of the Secretary at 

(202) 551–5400. 

Dated: March 1, 2012. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–5469 Filed 3–2–12; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66488; File No. SR–Phlx– 

2012–22] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Fees and Rebates for Adding and 

Removing Liquidity in Select Symbols 

February 29, 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 

16, 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 

Section I of the Exchange’s Fee 

Schedule titled ‘‘Rebates and Fees for 

Adding and Removing Liquidity in 

Select Symbols,’’ specifically to amend 

the Select Symbols 3 and transaction 

fees for Single contra-side orders. 

While changes to the Fee Schedule 

pursuant to this proposal are effective 

upon filing, the Exchange has 

designated these changes to be operative 

on March 1, 2012. 

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 

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 the proposed rule 

change is to amend the list of Select 

Symbols in Section I of the Exchange’s 

Fee Schedule, entitled ‘‘Rebates and 

Fees for Adding and Removing 

Liquidity in Select Symbols,’’ in order 

to attract additional order flow to the 

Exchange. 

The Exchange displays a list of Select 

Symbols in its Fee Schedule at Section 

I, entitled ‘‘Rebates and Fees for Adding 

and Removing Liquidity in Select 

Symbols,’’ which are subject to the 

rebates and fees in that section. The 

Exchange is proposing to delete the 

following symbols from the list of Select 


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13378 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 

4Section II includes options overlying equities, 

ETFs, ETNs, indexes and HOLDRs which are 

multiply listed. 

5The term ‘‘Directed Participant’’ applies to 

transactions for the account of a Specialist, 

Streaming Quote Trader (‘‘SQT’’) or Remote 

Streaming Quote Trader (‘‘RSQT’’) resulting from a 

Customer order that is (1) directed to it by an order 

flow provider, and (2) executed by it electronically 

on Phlx XL II. 

6A ‘‘market maker’’ includes Specialists (see Rule 

1020) and Registered Options Traders (‘‘ROTs’’) 

(Rule 1014(b)(i) and (ii), which includes SQTs (see 

Rule 1014(b)(ii)(A)) and RSQTs (see Rule 

1014(b)(ii)(B)). 

7Customers are assessed a $0.39 per contract Fee 

for Removing Liquidity for Single contra-side 

transactions. 

8Firms are assessed a $0.45 per contract Fee for 

Removing Liquidity for Single contra-side 

transactions. 

9Broker-Dealers are assessed a $0.45 per contract 

Fee for Removing Liquidity for Single contra-side 

transactions. 

10Professionals are assessed a $0.45 per contract 

Fee for Removing Liquidity for Single contra-side 

transactions. 

11 15 U.S.C. 78f(b). 

12 15 U.S.C. 78f(b)(4). 

13Both NASDAQ Options Market LLC (‘‘NOM’’) 

and NYSE Arca, Inc. (‘‘NYSE Arca’’) assess a 

remove fee of $0.45 per contract. See NOM’s fees 

at Chapter XV, Section 2 and NYSE Arca’s Fee 

Schedule. 

14See Exchange Rule 1014 titled ‘‘Obligations 

and Restrictions Applicable to Specialists and 

Registered Options Traders.’’ 

15See Exchange Rule 1014 titled ‘‘Obligations 

and Restrictions Applicable to Specialists and 

Registered Options Traders.’’ 

Symbols: Ciena Corporation (‘‘CIEN’’), 

Goldman Sachs Group, Inc. (‘‘GS’’), 

Halliburton Company Common Stock 

(‘‘HAL’’), Las Vegas Sands Corp. 

Common Stock (‘‘LVS’’), MGM Resorts 

International (‘‘MGM’’), Micron 

Technology, Inc. (‘‘MU’’), NVidia 

Corporation (‘‘NVDA’’), Qualcomm 

Incorporated (‘‘QCOM’’), Transocean 

Ltd (Switzerland) Co. (‘‘RIG’’), Rambus, 

Inc. (‘‘RMBS’’), Silver Wheaton Corp 

Common Shares (‘‘SLW’’), PowerShares 

DB USD Index Bull (‘‘UUP’’), Visa, Inc. 

(‘‘V’’), Wynn Resorts, Limited 

(‘‘WYNN’’), United States Steel 

Corporation (‘‘X’’) and SPDR S&P Oil & 

Gas Exploration & Production (‘‘XOP’’) 

(‘‘Deleted Symbols’’). These Deleted 

Symbols would be subject to the rebates 

and fees in Section II of the Fee 

Schedule entitled ‘‘Equity Options 

Fees.’’ 4 The Exchange also proposes to 

add the following symbols to its list of 

Select Symbols: iShares MSCI Emerging 

Index Fund (‘‘EEM’’), iShares MSCI 

EAFE Index Fund (‘‘EFA’’), iShares 

MSCI Brazil Index Fund (‘‘EWZ’’), 

iShares Barclays 20 Year Treasury 

(‘‘TLT’’), SPDR Select Sector Fund 

(‘‘XLI’’) and SPDR Select Sector Fund— 

Energy (‘‘XLE’’) (‘‘New Select 

Symbols’’). These New Select Symbols 

would be subject to the rebates and fees 

in Section I of the Fee Schedule. 

The Exchange also proposes to amend 

certain of the Single contra-side 

transaction fees in Section I of the Fee 

Schedule to raise revenues and allow 

the Exchange to compete more 

effectively by subsidizing rebates for 

Single contra-side transactions. 

Specifically, the Exchange proposes to 

increase the Single contra-side Fee for 

Removing Liquidity for a Directed 

Participant 5 from $0.35 to $0.36 per 

contract. The Exchange also proposes to 

increase the Single contra-side Fee for 

Removing Liquidity for Market Makers 6

from $0.37 to $0.38 per contract. The 

Exchange does not propose to amend 

the Single contra-side transaction Fees 

for Removing Liquidity for Customers,7

Firms,8 Broker-Dealers 9 and 

Professionals.10

The Exchange is also proposing to 

make a minor amendment to Section I 

of its Fee Schedule to change the 

caption of Section I, Part A from ‘‘Single 

contra-side order’’ to ‘‘Single contraside.’’ The Exchange believes that 

removing the word ‘‘order’’ from the 

title will more accurately reflect the fees 

and rebates listed in Section I, Part A 

because Market Makers, for example, 

trade with both quotes and orders. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its Fee Schedule is 

consistent with Section 6(b) of the Act 11

in general, and furthers the objectives of 

Section 6(b)(4) of the Act 12 in 

particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members and 

other persons using its facilities. The 

Exchange also believes that it is an 

equitable allocation of reasonable 

rebates among Exchange members and 

other persons using its facilities. 

The Exchange believes that it is 

reasonable to remove the Deleted 

Symbols from its list of Select Symbols 

to attract additional order flow to the 

Exchange. The Exchange believes that 

applying the fees in Section II of the Fee 

Schedule to the Deleted Symbols, 

including the opportunity to receive 

payment for order flow, will attract 

order flow to the Exchange. Likewise, 

the Exchange believes that applying the 

fees and rebates in Section I to the New 

Select Symbols would attract additional 

order flow to the Exchange. 

The Exchange believes that it is 

equitable and not unfairly 

discriminatory to amend its list of Select 

Symbols in order to remove the Deleted 

Symbols because the list of Select 

Symbols would apply uniformly to all 

categories of participants in the same 

manner. All market participants who 

trade the Select Symbols would be 

subject to the rebates and fees in Section 

I of the Fee Schedule, which would not 

include the Deleted Symbols. Also, all 

market participants would be uniformly 

subject to the fees in Section II, which 

would include the Deleted Symbols. 

Likewise, the Exchange believes that it 

is equitable and not unfairly 

discriminatory to amend its list of Select 

Symbols to add the New Select Symbols 

because these symbols would apply 

uniformly to all categories of 

participants in the same manner. The 

fees and rebates in Section I would 

apply uniformly to all market 

participants transacting the New Select 

Symbols. 

The Exchange believes that increasing 

the Single contra-side Fees for 

Removing Liquidity for Directed 

Participants and Market Makers by 

$0.01 per contract is reasonable because 

the Exchange is attempting to further 

subsidize the rebates it pays for Single 

contra-side transactions by increasing 

fees for certain market participants that 

are also recipients of rebates for Single 

contra-side transactions. In addition, the 

Exchange believes that its fees are 

competitive as compared to other 

exchanges.13

The Exchange believes that increasing 

the Single contra-side Fees for 

Removing Liquidity for Directed 

Participants and Market Makers by 

$0.01 per contract is equitable and not 

unfairly discriminatory because both 

Directed Participants and Market 

Makers will continue to be assessed the 

lowest Fees for Removing Liquidity as 

compared to other market participants. 

Market Makers 14 have quoting 

obligations to the market which do not 

apply to Firms, Professionals and 

Broker-Dealers. Also, Directed 

Participants 15 have higher quoting 

obligations as compared to other Market 

Makers and therefore are assessed a 

lower fee as compared to Market 

Makers. 

The Exchange believes that the 

proposed amendment to the title of 

Section I, Part A to remove the word 

‘‘order’’ is reasonable, equitable and not 

unfairly discriminatory because the 

amendment would correct the rule text 

to accurately reflect fees and rebates for 

Single contra-side transactions by 

eliminating the characterization of the 

transactions as orders. 

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 


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Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 13379 

16 15 U.S.C. 78s(b)(3)(A)(ii). 

17 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 66175 

(January 18, 2012), 77 FR 3520 (‘‘Notice’’). 

4See Post-Effective Amendment No. 56 to 

Registration Statement on Form N–1A for the Trust, 

dated July 1, 2011 (File Nos. 333–132380 and 811– 

21864). 

5WisdomTree Investments, Inc. is the parent 

company of the Adviser. 

6The Sub-Adviser is responsible for day-to-day 

management of the Fund and, as such, typically 

makes all decisions with respect to portfolio 

holdings. The Adviser has ongoing oversight 

responsibility. 

7The Commission has issued an order granting 

certain exemptive relief to the Trust under the 

Investment Company Act of 1940 (15 U.S.C. 80a– 

1) (‘‘1940 Act’’). See Investment Company Act 

Release No. 28171 (October 27, 2008) (File No. 812– 

13458). In compliance with Nasdaq Rule 5735(b)(5), 

which applies to Managed Fund Shares based on 

an international or global portfolio, the Trust’s 

application for exemptive relief under the 1940 Act 

states that the Fund will comply with the federal 

securities laws in accepting securities for deposits 

and satisfying redemptions with redemption 

securities, including that the securities accepted for 

deposits and the securities used to satisfy 

redemption requests are sold in transactions that 

would be exempt from registration under the 

Securities Act of 1933 (15 U.S.C. 77a). 

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.16 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 rule-comments@

sec.gov. Please include File No. SR– 

Phlx–2012–22 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–2012–22. 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–2012– 

22 and should be submitted on or before 

March 27, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–5328 Filed 3–5–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66489; File No. SR– 

NASDAQ–2012–004] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Order 

Granting Approval of Proposed Rule 

Change Relating to the Listing and 

Trading of Shares of the Emerging 

Markets Corporate Bond Fund of the 

WisdomTree Trust 

February 29, 2012. 

I. Introduction 

On January 4, 2012, The NASDAQ 

Stock Market LLC (‘‘Nasdaq’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

list and trade the shares (‘‘Shares’’) of 

the WisdomTree Emerging Markets 

Corporate Bond Fund (‘‘Fund’’) of the 

WisdomTree Trust (‘‘Trust’’) under 

Nasdaq Rule 5735. The proposed rule 

change was published for comment in 

the Federal Register on January 24, 

2012.3 The Commission received no 

comments on the proposal. This order 

grants approval of the proposed rule 

change. 

II. Description of the Proposed Rule 

Change 

The Exchange proposes to list and 

trade the Shares of the Fund under 

Nasdaq Rule 5735, which governs the 

listing and trading of Managed Fund 

Shares on the Exchange. The Fund will 

be an actively managed exchange-traded 

fund. The Shares will be offered by the 

Trust, which was established as a 

Delaware statutory trust on December 

15, 2005. The Fund is registered with 

the Commission as an investment 

company and has filed a registration 

statement on Form N–1A (‘‘Registration 

Statement’’) with the Commission.4

WisdomTree Asset Management, Inc. is 

the investment adviser (‘‘Adviser’’) to 

the Fund,5 and Western Asset 

Management Company serves as subadviser for the Fund (‘‘Sub-Adviser’’).6

The Bank of New York Mellon is the 

administrator, custodian, and transfer 

agent for the Trust, and ALPS 

Distributors, Inc. serves as the 

distributor for the Trust.7 The Exchange 

states that, while the Adviser is not 

affiliated with any broker-dealer, the 

Sub-Adviser is affiliated with multiple 

broker-dealers and has implemented a 

‘‘fire wall’’ with respect to such brokerdealers regarding access to information 

concerning the composition and/or 

changes to the Fund’s portfolio. In 

addition, Sub-Adviser personnel who 

make decisions regarding the Fund’s 

portfolio are subject to procedures 

designed to prevent the use and 


pmangrum on DSK3VPTVN1PROD with NOTICES