2328 Federal Register / Vol. 77, No. 10 / Tuesday, January 17, 2012 / Notices 

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

2 17 CFR 240.19b–4. 

3 17 CFR 242.600. 

has granted the request of Entergy 

Nuclear Operations, Inc. (the licensee) 

to withdraw its January 13, 2011 

(Agencywide Documents and 

Management System (ADAMS) 

Accession No. ML110130436), 

application for the proposed 

amendment to Renewed Facility 

Operating License (FOL) No. DPR–59 for 

the James A. FitzPatrick Nuclear Power 

Plant, located in Oswego County, New 

York. 

The proposed amendment would 

have modified the Renewed FOL by 

deleting references to specific Safety 

Evaluation Reports, Technical 

Specification Amendments, and 

Exemptions from License Condition 

2.C(3), Fire Protection, and replacing 

them with the words ‘‘as 

supplemented.’’ 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on February 22, 

2011 (76 FR 9823). However, by letter 

dated January 4, 2012 (ADAMS 

Accession No. ML120050483), the 

licensee withdrew the proposed change. 

For further details with respect to this 

action, see the application for 

amendment dated January 13, 2011, and 

the licensee’s letter dated January 4, 

2012, which withdrew the application 

for license amendment. Documents may 

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

the NRC’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area O1 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available documents 

created or received at the NRC are 

accessible electronically through the 

ADAMS in the NRC Library at http://

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff by telephone at 1–(800) 

397–4209, or (301) 415–4737 or by 

email to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 9th day 

of January 2012. 

For the Nuclear Regulatory Commission. 

Bhalchandra K. Vaidya, 

Project Manager, Plant Licensing Branch 

I–1, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2012–664 Filed 1–13–12; 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, January 19, 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 Aguilar, 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, 

January 19, 2012 will be: 

institution and settlement of injunctive 

actions; institution and settlement of 

administrative proceedings; other matters 

relating to enforcement proceedings; and an 

adjudicatory matter. 

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: January 12, 2012. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–892 Filed 1–12–12; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66122; File No. SR–Phlx– 

2011–186] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Modify Fees 

Applicable to the Trading of NMS 

Stocks Through NASDAQ OMX PSX 

January 10, 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 December 

28, 2011, 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 modify the 

fees applicable to trading on the 

NASDAQ OMX PSX system (‘‘PSX’’). 

The text of the proposed rule change is 

available on the Exchange’s Web site at 

http://nasdaqomxphlx.cchwallstreet.

com/NASDAQOMXPHLX/Filings/, at 

the principal office of the Exchange, on 

the Commission’s Web site at http://

www.sec.gov, 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 Exchange is proposing to modify 

order routing fees applicable to the use 

of PSX’s PMOP routing strategy. PMOP 

is a routing option under which an 

incoming order routes only to Protected 

Quotations (as defined in SEC Rule 600 

under Regulation NMS),3 and only for 

the displayed size of such quotes. If 

shares remain unexecuted after routing, 

they are posted to the PSX book and do 

not route out again. Currently, the 

Exchange charges $0.0025 per share 

executed with respect to PMOP orders 

that execute at the New York Stock 

Exchange (‘‘NYSE’’) and $0.0035 per 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 10 / Tuesday, January 17, 2012 / Notices 2329 

4 15 U.S.C. 78f. 

5 15 U.S.C. 78f(b)(4). 6 15 U.S.C. 78s(b)(3)(A)(ii). 7 17 CFR 200.30–3(a)(12). 

share executed with respect to PMOP 

orders that execute at other trading 

venues. The Exchange is proposing to 

reduce the fee for PMOP orders that 

execute at other venues to $0.0031 per 

share executed. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,4

in general, and with Sections 6(b)(4) of 

the Act,5 in particular, in that 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 

which Phlx operates or controls. In 

general, routing fees are reasonable 

because they seek to recoup the cost of 

the execution on the other venue, which 

is generally borne by the order router 

and, ultimately, the routing exchange. 

The proposed change reflects a 

reduction in fees in order to make the 

routing services of PSX more attractive 

to potential customers. 

The Exchange also believes that the 

proposed change is equitable. All 

similarly situated members are subject 

to the same fee structure, and access to 

Phlx is offered on fair and nondiscriminatory terms; specifically, the 

same routing fee, credit or pass through 

fee applies to any participant and does 

not differ based on user type (e.g., 

customer or broker-dealer). The 

Exchange further believes that the fee 

for the PMOP routing strategy is 

equitable because PMOP is a complex 

routing strategy that it involves 

ascertaining all venues displaying a 

protected quote and the simultaneous 

routing of orders to the displayed size 

of such quotes; accordingly, the 

Exchange believes that charging a higher 

fee with respect to the strategy as 

compared with other strategies is 

equitable. Nevertheless, the change will 

reduce the difference between PMOP 

fees and fees for the use of other 

strategies, thereby enhancing the 

competiveness of the Exchange’s routing 

services. 

Furthermore, the new routing fees are 

reasonable and equitable in that the 

decision to send routable orders and to 

use PHLX as a router is entirely 

voluntarily; members can avail 

themselves of numerous other means of 

directing orders to other venues, 

including becoming members of those 

markets or using any of a number of 

competitive routing services offered by 

other exchanges and brokers. 

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. 

Because the market for order execution 

and routing is extremely competitive, 

members may readily favor the 

Exchange’s competitors in making order 

routing decisions to the extent that they 

deem PSX’s fees to be excessive. 

Moreover, the Exchange believes that 

the proposal will enhance competition 

through its use of reduced fees to draw 

greater order flow to PSX. 

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.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. 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–2011–186 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–2011–186. 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–2011– 

186 and should be submitted on or 

before February 7, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–637 Filed 1–13–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66125; File No. SR–EDGA– 

2011–41] 

Self-Regulatory Organizations; EDGA 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend EDGA Rule 

1.5(q) 

January 10, 2012. 

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

Securities Exchange Act of 1934 (the 


srobinson on DSK4SPTVN1PROD with NOTICES