15834 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices 

Fees might be lower and could not be greater, due 

to the administrative simplicity of doing so and the 

fact that the cost on a per Subscriber basis of doing 

so is very small. 

6See File No. SR–OPRA–99–02; Release No. 34– 

42152 (November 17, 1999). In File No. SR–OPRA– 

99–02, OPRA reduced the Nonprofessional 

Subscriber Fee from $2.50 per Nonprofessional 

Subscriber to the current $1.00 per Nonprofessional 

Subscriber. 

7 In the year 2000, OPRA had a sliding scale for 

its Professional Subscriber Fees, with different rates 

based on whether a Professional Subscriber was a 

Member of one or more of the Exchanges that were 

parties to the OPRA Plan and on the Professional 

Subscriber’s number of devices; OPRA’s 

Professional Subscriber Fees ranged from $10.50/ 

device for an Exchange Member with 750 or more 

devices to $27.00/device for a non-Member with 

nine or fewer devices. Over the course of several 

years, OPRA made incremental changes in its 

Professional Subscriber Fees to eliminate all 

distinctions in these fees based on a Professional 

Subscriber’s status as a member or nonmember of 

an exchange that is a party to the OPRA Plan or on 

the Subscriber’s total number of OPRA-enabled 

devices. See File No. SR–OPRA–2004–01; Release 

No. 34–49382 (February 25, 2004). 

8This projection is approximate for several 

reasons, among them that the fee increase may 

cause some Vendors to review their lists of 

Nonprofessional Subscribers for inactive accounts 

and may cause some Vendors to begin paying 

Usage-based Vendor fees rather than 

Nonprofessional Subscriber Fees. 

9 17 CFR 242.608(b)(3)(i). 

10 17 CFR 242.608(b)(2). 11 17 CFR 200.30–3(a)(29). 

a new monthly ‘‘Enterprise Rate 

Nonprofessional Subscriber Fee’’ that 

would cap each Vendor’s combined 

obligation for Nonprofessional 

Subscriber Fees and Usage-based 

Vendor Fees for Nonprofessional 

Subscribers at $375,000 per month. 

OPRA’s Nonprofessional Subscriber 

Fee and Usage-based Vendor Fees were 

established at their current levels 

effective on January 1, 2000.6 OPRA has 

not increased these fees since then in 

large part because of the simplicity of 

having the Nonprofessional Subscriber 

Fee and the cap on Usage-based Vendor 

Fees for receipt of OPRA data by a 

Nonprofessional Subscriber each set at 

$1.00. However, the effect over a period 

of twelve years has been to increase the 

ratio of OPRA’s Professional Device Fee 

as compared to the Nonprofessional 

Subscriber Fee. (For the year 2000, 

OPRA’s weighted average Professional 

Device Fee was approximately $12.55 

per device; it is now $25.00/device.7) 

OPRA believes that increasing its 

Nonprofessional Subscriber Fee will 

restore an appropriate balance between 

its revenues derived from Professional 

Subscriber Device-based Fees on the one 

hand and Nonprofessional Subscriber 

Fees and Usage-based Vendor Fees for 

Nonprofessional Subscribers on the 

other hand. 

In response to input from the Vendor 

community, OPRA is proposing to 

introduce an ‘‘Enterprise Rate 

Nonprofessional Subscriber Fee.’’ The 

Enterprise Rate Nonprofessional 

Subscriber Fee would limit the 

maximum aggregate amount of 

Nonprofessional Subscriber Fees and 

Usage-based Vendor Fees with respect 

to Nonprofessional Subscribers that any 

Vendor would be required to pay with 

respect to its Nonprofessional 

Subscribers. The proposed Enterprise 

Rate Nonprofessional Subscriber Fee is 

$375,000 per month. 

OPRA anticipates that these proposed 

changes in its fees will result in an 

increase in its revenues of 

approximately $1,700,000 on an annual 

basis at current usage rates.8 OPRA 

believes that this increase will restore 

the relationship of its fees for 

Nonprofessional Subscribers to its fees 

for Professional Subscribers and 

represent an appropriate contribution to 

covering the overall costs of OPRA and 

its member exchanges to which these 

fees may properly be applied. 

The text of the proposed amendment 

to the OPRA Plan is available at OPRA, 

the Commission’s Public Reference 

Room, http://opradata.com, and on the 

Commission’s Web site at www.sec.gov. 

II. Implementation of the OPRA Plan 

Amendment 

OPRA designated this amendment as 

qualified to be put into effect upon 

filing with the Commission in 

accordance with clause (i) of paragraph 

(b)(3) of Rule 608 under the Act.9 OPRA 

intends to implement the amendment 

on May 1, 2012. 

The Commission may summarily 

abrogate the amendment within sixty 

days of its filing and require refiling and 

approval of the amendment by 

Commission order pursuant to Rule 

608(b)(2) under the Act 10 if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or the maintenance of fair and orderly 

markets, to remove impediments to, and 

perfect the mechanisms of, a national 

market system, or otherwise in 

furtherance of the purposes of the Act. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed OPRA 

Plan amendment 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–OPRA–2012–02 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–OPRA–2012–02. 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 plan 

amendment that are filed with the 

Commission, and all written 

communications relating to the 

proposed plan amendment 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 OPRA. 

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–OPRA–2012–02 and should 

be submitted on or before April 6, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–6388 Filed 3–15–12; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Notice Seeking Exemption Under 

Section 312 of the Small Business 

Investment Act, Conflicts of Interest 

Notice is hereby given that 

LongueVue Capital Partners II, L.P. 

(‘‘Applicant’’), 111 Veterans Blvd., Suite 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices 15835 

1020, Metairie, LA 70005, an SBIC 

Applicant under the Small Business 

Investment Act of 1958, as amended 

(‘‘the Act’’), in connection with the 

financing of a small concern, has sought 

an exemption under section 312 of the 

Act and section 107.730, Financings 

which Constitute Conflicts of Interest, of 

the Small Business Administration 

(‘‘SBA’’) rules and regulations (13 CFR 

107.730). LongueVue Capital Partners II, 

LP proposes to provide debt financing to 

Blue Dot Energy Services, LLC (‘‘Blue 

Dot’’ or the ‘‘company’’). Blue Dot is 

located at Route 76 East, Bridgeport, WV 

26330. 

A conflict of interest exemption is 

required because the Blue Dot 

investment is considered financing of an 

Associate under 13 CFR 107.730(a). 

Blue Dot is an Associate of the 

Applicant because Associate of 

Applicant, LongueVue Capital I 

(‘‘LVCI’’), has a greater than 10 percent 

fully diluted investment in Blue Dot 

prior to Applicant’s initial investment. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street SW., Washington, DC 

20416. 

Dated: March 12, 2012. 

Sean Greene, 

Associate Administrator for Investment. 

[FR Doc. 2012–6464 Filed 3–15–12; 8:45 am] 

BILLING CODE P 

SMALL BUSINESS ADMINISTRATION 

Privacy Act of 1974: Revision of 

Privacy Act System of Records 

AGENCY: Small Business Administration 

(SBA). 

ACTION: Notice of Revision of Privacy 

Act Systems of Records. 

SUMMARY: SBA is revising the Privacy 

Act Systems of Records for the Loan 

System, SBA 21 (‘‘SOR 21’’) and the 

Suspension and Debarment Files, SBA 

36 (‘‘SOR 36’’), to add new and revised 

routine uses, to expand the categories of 

covered individuals and categories of 

records, and to update the systems’ 

managers and the systems’ locations. 

SBA is also updating Appendix A to the 

Agency’s Systems of Records to reflect 

recent office relocations. This notice is 

in accordance with the Privacy Act 

requirement that agencies publish their 

amended Systems of Records in the 

Federal Register when there is a 

revision, change or addition to the 

systems. 

DATES: Written comments on the 

revisions to the SBA’s SOR 21 and SOR 

36 Systems of Records are due April 16, 

2012. The changes to these Systems of 

Records are effective without further 

notice on April 30, 2012 unless 

comments are received that result in 

further revision. Based on SBA’s review 

of comments received, if any, SBA will 

publish a notice if it determines to make 

changes to the system notices. 

ADDRESSES: Written comments on the 

revisions to the SBA’s SOR 21 and SOR 

36 Systems of Records should be 

directed to Ingrid Ripley, Program 

Analyst U. S. Small Business 

Administration, 409 3rd Street, SW., 

Washington, DC 20416. When 

submitting comments please identify 

whether comments are related to SOR 

21 or SOR 36. 

FOR FURTHER INFORMATION CONTACT: 

Ingrid Ripley, Program Analyst, (202) 

205–7538. 

SUPPLEMENTARY INFORMATION: SBA is 

amending its Privacy Act System of 

Records Notice, which was previously 

published at 74 FR 14890 (April 1, 

2009), to amend System 21 (Loan 

System), System 36 (Suspension and 

Debarment Files), and Appendix A. 

System 21—Loan System. 

SBA is revising the routine uses 

provisions of its Privacy Act Systems of 

Records, Loan System, SBA 21 (‘‘SOR 

21’’) to add three new uses, designated 

as paragraphs l, m, and n, to include 

Loan Agent review processes and 

additional regulatory processes. The 

processes include, but are not limited 

to, the Agency’s new processes for: (i) 

Compiling and reviewing loan agent 

data, (ii) disclosing to GSA loan agent 

enforcement actions and exclusions 

under 13 CFR part 103 for purposes of 

publication in GSA’s Excluded Parties 

List System, and (iii) disclosing to 

others (e.g., regulators) SBA supervisory 

information for regulatory purposes. In 

addition, SBA is amending SOR 21 to 

update the SOR 21 System Location and 

Managers, and Categories of Individuals 

and Records, to provide a definition for 

loan agents, and amending routine use 

lettered ‘‘d’’ regarding disclosure to law 

enforcement, professional and 

procurement organizations. 

SBA System 36—Suspension and 

Debarment Files. 

SBA is amending the System of 

Records for Suspension and Debarment 

Files, SBA 36, (‘‘SOR 36’’), to add a new 

routine use and to update the System 

Location, System Manager, Categories of 

Individuals and Categories of Records 

provisions. 

SBA is also amending the routine uses 

provisions in SOR 36 in order to meet 

the requirements of Executive Order 

12549 and other applicable law. This 

amendment will allow SBA to transfer 

certain parties’ identifying information 

to GSA for publication on the Excluded 

Parties List System (the ‘‘EPLS’’). The 

parties whose identifying information 

will be subject to disclosure to the EPLS 

are those that have been suspended or 

debarred from participating in SBA 

programs, that have agreed to exclusion 

from participation, or that have been 

declared ineligible, under 2 CFR Parts 

180 and 2700 or other applicable law, or 

that have been the subject of 

enforcement actions under Part 103 

(other than Loan Agents in SBA 

Business Loan Programs, which are 

covered by SOR 21). 

SOR 36 currently consists of materials 

compiled from investigations and/or 

audits which identify violations which 

may be cause for suspension or 

debarment pursuant to the Federal 

Acquisition Regulations or the 

government-wide non-procurement 

suspension and debarment regulations. 

These materials include indictments, 

information, plea agreements, 

judgments, loan agreements, contract 

documents, etc., that pertain to a party’s 

participation in government contracts, 

SBA loan programs, and other SBA 

assistance. Through the EPLS, 

government agencies and the public can 

search and ascertain the SBA 

enforcement or exclusion status of those 

parties. These searches may be 

performed, for example, for purposes of 

determining government contract 

eligibility. Finally, SBA is amending 

SOR 36 to expand the System Location 

to include all of SBA Headquarters, and 

the System Manager section to include 

Headquarters Suspension and 

Debarment officials, is revising the 

Categories of Records and Categories of 

Individuals sections, and is amending 

routine use lettered ‘‘a’’ regarding 

disclosure to law enforcement, 

professional and procurement 

organizations. 

Appendix A 

Finally, SBA is amending Appendix 

A to update the addresses of various 

offices that have been relocated or to 

remove addresses for those offices that 

have closed since the list was last 

published. 

Appendix A 

Headquarters 

409 Third St., SW., Washington, DC 

20416. 

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