12624 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices 

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

2 17 CFR 240.19b–4. 

Industrial Security Program policy 

matters. 

Dated: February 23, 2012. 

Mary Ann Hadyka, 

Committee Management Officer. 

[FR Doc. 2012–4889 Filed 2–29–12; 8:45 am] 

BILLING CODE 7515–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. NRC–2011–0263] 

Agency Information Collection 

Activities: Submission for the Office of 

Management and Budget (OMB) 

Review; Comment Request 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of the OMB review of 

information collection and solicitation 

of public comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has recently 

submitted to OMB for review the 

following proposal for the collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). The NRC hereby 

informs potential respondents that an 

agency may not conduct or sponsor, and 

that a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. The NRC published a Federal 

Register Notice with a 60-day comment 

period on this information collection on 

November 28, 2011 (76 FR 72983). 

1. Type of submission, new, revision, 

or extension: Extension. 

2. The title of the information 

collection: 10 CFR Part 31, General 

Domestic Licenses for Byproduct 

Material. 

3. Current OMB approval number: 

3150–0016. 

4. The form number if applicable: 

N/A. 

5. How often the collection is 

required: Reports are submitted as 

events occur. General license 

registration requests may be submitted 

at any time. Changes to the information 

on the registration may be submitted as 

they occur. 

6. Who will be required or asked to 

report: Persons receiving, possessing, 

using, or transferring devices containing 

byproduct material. 

7. An estimate of the number of 

annual responses: 35,997 (3,420 NRC 

licensees + 32,577 Agreement States). 

8. The estimated number of annual 

respondents: 23,300 (Approximately 

2,400 NRC general licensees and 20,900 

Agreement State general licensees). 

9. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 10,998.5 hours 

(1,061 hours for NRC licensees [461 

hours reporting + 600 hours 

recordkeeping] + 9,937.5 hours for 

Agreement State licensees [4,712.5 

hours reporting + 5,225 hours 

recordkeeping]). 

10. Abstract: 10 CFR Part 31 

establishes general licenses for the 

possession and use of byproduct 

material in certain devices. General 

licensees are required to keep testing 

records and submit event reports 

identified in Part 31, which assist NRC 

in determining with reasonable 

assurance that devices are operated 

safely and without radiological hazard 

to users or the public. 

The public may examine and have 

copied for a fee publicly available 

documents, including the final 

supporting statement, at the NRC’s 

Public Document Room, Room O1F–21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. OMB 

clearance requests are available at the 

NRC’s Web site: http://www.nrc.gov/ 

public-involve/doc-comment/omb/ 

index.html. The document will be 

available on the NRC home page site for 

60 days after the signature date of this 

notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by April 2, 2012. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

Chad Whiteman, Desk Officer, Office of 

Information and Regulatory Affairs 

(3150–0016), NEOB–10202, Office of 

Management and Budget, 

Washington, DC 20503. 

Comments can also be emailed to 

Chad_S_Whiteman@omb.eop.gov or 

submitted by telephone at (202) 395– 

4718. 

The NRC Clearance Officer is 

Tremaine Donnell, (301) 415–6258. 

Dated at Rockville, Maryland, this 27th day 

of February 2012. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. 2012–4968 Filed 2–29–12; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66451; File No. SR–Phlx– 

2012–19] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Routing Fees 

February 23, 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 

10, 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 its 

Customer and Professional Routing Fees 

to recoup costs incurred by the 

Exchange in routing to away markets. 

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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices 12625 

3See Securities Exchange Act Release No. 59995 

(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR– 

Phlx–2009–32). 

4MNX represents options on the one-tenth value 

of the Nasdaq 100 Index traded under the symbol 

‘‘MNX.’’ 

5NDX represents options on the Nasdaq 100 

Index traded under the symbol NDX (‘‘NDX’’). 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(4). 

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 filing is to recoup 

costs that the Exchange incurs for 

routing and executing Customer and 

Professional orders in equity and index 

options. The Exchange’s Fee Schedule 

includes Routing Fees for routing 

Customer and Professional orders to 

away markets. The Exchange currently 

assesses the following Routing Fees: 

Exchange Customer Professional 

NYSE AMEX .................................................................................................................................................... $0.06 $0.26 

BATS ................................................................................................................................................................ 0.50 0.50 

BOX ................................................................................................................................................................. 0.06 0.06 

CBOE ............................................................................................................................................................... 0.06 0.26 

CBOE orders greater than 99 contracts in RUT, RMN, NDX, MNX, ETFs, ETNs and HOLDRs .................. 0.24 0.26 

C2 .................................................................................................................................................................... 0.50 0.51 

ISE ................................................................................................................................................................... 0.06 0.24 

ISE Select Symbols * ....................................................................................................................................... 0.18 0.34 

NYSE ARCA (Penny Pilot) .............................................................................................................................. 0.50 0.50 

NYSE ARCA (Standard) .................................................................................................................................. 0.06 0.06 

NOM ................................................................................................................................................................. 0.49 0.49 

NOM (NDX and MNX) ..................................................................................................................................... 0.56 0.56 

*These fees are applicable to orders routed to ISE that are subject to Rebates and Fees for Adding and Removing Liquidity in Select Symbols. 

See ISE’s Schedule of Fees for the complete list of symbols that are subject to these fees. 

The Exchange proposes to amend its 

Routing Fees as follows: 

Exchange Customer Professional 

NYSE AMEX .................................................................................................................................................... $0.11 $0.31 

BATS ................................................................................................................................................................ 0.55 0.55 

BOX ................................................................................................................................................................. 0.11 0.11 

CBOE ............................................................................................................................................................... 0.11 0.31 

CBOE orders greater than 99 contracts in RUT, RMN, NDX, MNX, ETFs, ETNs and HOLDRs .................. 0.29 0.31 

C2 .................................................................................................................................................................... 0.55 0.56 

ISE ................................................................................................................................................................... 0.11 0.29 

ISE Select Symbols * ....................................................................................................................................... 0.23 0.39 

NYSE ARCA (Penny Pilot) .............................................................................................................................. 0.55 0.55 

NYSE ARCA (Standard) .................................................................................................................................. 0.11 0.11 

NOM ................................................................................................................................................................. 0.54 0.54 

NOM (NDX and MNX) ..................................................................................................................................... 0.56 0.56 

* These fees are applicable to orders routed to ISE that are subject to Rebates and Fees for Adding and Removing Liquidity in Select Symbols. See ISE’s Schedule of Fees for the complete list of symbols that are subject to these fees. 

In May 2009, the Exchange adopted 

Rule 1080(m)(iii)(A) to establish Nasdaq 

Options Services LLC (‘‘NOS’’), a 

member of the Exchange, as the 

Exchange’s exclusive order router.3 NOS 

is utilized by the Phlx XL II system 

solely to route orders in options listed 

and open for trading on the Phlx XL II 

system to destination markets. Each 

time NOS routes to away markets NOS 

is charged a $0.06 clearing fee and, in 

the case of certain exchanges, a 

transaction fee is also charged in certain 

symbols, which fees are passed through 

to the Exchange. The Exchange 

currently recoups clearing and 

transaction charges incurred by the 

Exchange when Customer and 

Professional orders are routed to an 

away market. At this time, the Exchange 

is proposing to recoup certain other 

costs incurred by the Exchange when 

routing to away markets, such as 

administrative and technical costs 

associated with operating NOS, the 

Exchange’s exclusive order router; the 

Exchange’s membership fees at away 

markets; and technical costs associated 

with routing. The Exchange is proposing 

to increase all Customer and 

Professional Routing Fees with the 

exception of routing orders in MNX 4

and NDX 5 to the NASDAQ Options 

Market (‘‘NOM’’). The Exchange does 

not believe it is necessary to increase 

those fees at this time. 

As with all fees, the Exchange may 

adjust these Routing Fees in response to 

competitive conditions by filing a new 

proposed rule change. 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. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its Fee Schedule is 

consistent with Section 6(b) of the Act 6

in general, and furthers the objectives of 

Section 6(b)(4) of the Act 7 in particular, 

in that it is an equitable allocation of 

reasonable fees and other charges among 

Exchange members. 

The Exchange believes that the 

proposed Routing Fees are reasonable 

because the fees would allow the 

Exchange to recoup costs associated 

mstockstill on DSK4VPTVN1PROD with NOTICES

12626 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices 

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

9 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

with routing both Customer and 

Professional orders to away markets. 

The Exchange believes that these fees 

will assist it in recouping costs the 

Exchange incurs by utilizing NOS, in 

maintaining membership fees at away 

markets and technical expenses 

associated with the routing process. The 

proposed fees also continue to recoup 

transaction fees assessed by the 

respective away market, which vary, 

and standard clearing charges for each 

transaction, which fees are incurred by 

the Exchange when routing to away 

markets. 

The Exchange also believes that the 

proposed Routing Fees are equitable and 

not unfairly discriminatory because the 

fees would be uniformly applied to all 

Customers and Professionals. The 

Exchange’s proposed fees are calculated 

to distribute the costs associated with 

routing among the various away 

markets. The Exchange determined not 

to amend the Customer and Professional 

Routing Fees when routing orders in 

MNX and NDX to NOM at this time 

because the Exchange determined that 

in light of other fees, the current fees for 

routing to NOM in MNX and NDX are 

currently within the range of fees that 

are proposed for other away markets. 

The Exchange does not believe that it is 

necessary at this time to assess 

additional fees to route to NOM in MNX 

and NDX above the current $.56 per 

contract fee assessed for Customer and 

Professional orders today. 

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.8 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–2012–19 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–2012–19. 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– 

19 and should be submitted on or before 

March 22, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–4910 Filed 2–29–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66462; File No. SR–NYSE– 

2012–06] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing of Proposed Rule Change 

Amending the Definition of Approved 

Person To Exclude Foreign Affiliates, 

Eliminating the Application Process for 

Approved Persons, and Making 

Related Technical and Conforming 

Changes 

February 24, 2012. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on February 

14, 2012, New York Stock Exchange 

LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the selfregulatory organization. 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 

definition of approved person to 

exclude foreign affiliates, eliminate the 

application process for approved 

persons, and make related technical and 

conforming changes. The text of the 

proposed rule change is available at the 

Exchange, the Commission’s Public 

Reference Room, and www.nyse.com. 

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 

self-regulatory organization 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 

mstockstill on DSK4VPTVN1PROD with NOTICES