Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 45263 

4 15 U.S.C. 78f(b)(5). 

5 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

issuers are treated as domestic 

companies for purposes of Section 

802.02. 

Currently, Section 802.03 of the 

Manual requires a non-U.S. company to 

issue a press release within 90 days of 

receiving written notification from the 

Exchange that it has fallen below the 

Exchange’s listing standards. While 

foreign private issuers are not subject to 

the Form 8–K requirement imposed on 

domestic issuers, the Exchange believes 

that 90 days is an excessive period to 

give companies to make such a material 

disclosure. Based on our experience 

with these companies, 30 days would be 

more than sufficient. As such, the 

Exchange proposes to shorten from 90 to 

30 days the period within which foreign 

private issuers must issue a press 

release with regard to a notification by 

the Exchange of noncompliance. If the 

issuer does not issue a press release 

within that 30-day period, the Exchange 

will do so. 

While Sections 802.02 and 802.03 

establish maximum time periods for the 

issuance of press releases, the Exchange 

believes that companies should issue 

their press releases concerning any 

notice of noncompliance they receive 

from the Exchange as soon as possible 

after receipt of such notification and 

should not wait until close to the end 

of the permitted period before doing so. 

2. Statutory Basis 

The basis under the Exchange Act for 

this proposed rule change is the 

requirement under Section 6(b)(5) 4 that 

an Exchange have rules that are 

designed to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. In particular, the 

Exchange believes that the proposed 

amendment protects investors and the 

public interest by ensuring the prompt 

disclosure of material information with 

respect to listed companies. 

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 that is not 

necessary or appropriate in furtherance 

of the purpose of the Exchange Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

The Exchange has neither solicited 

nor received written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the Exchange consents, 

the Commission will: 

(A) By order approve such proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be 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 Exchange 

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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSE–2008–59 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2008–59. This file 

number should be included on the 

subject line if e-mail 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 inspection and copying 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–NYSE–2008–59 and should 

be submitted on or before August 25, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.5

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–17761 Filed 8–1–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58234; File No. SR–Phlx–

2008–55] 

Self-Regulatory Organizations; 

Philadelphia Stock Exchange, Inc.; 

Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to an Extension of 

Pilot Programs in Connection With 

Linkage P/A Orders 

July 25, 2008. 

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

Securities Exchange Act of 1934,1 and 

Rule 19b–4 thereunder,2 notice is 

hereby given that on July 18, 2008, the 

Philadelphia Stock Exchange, Inc. 

(‘‘Phlx’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II and III 

below, which Items have been prepared 

by Phlx. The Commission is publishing 

this notice to solicit comments on the 

proposed rule change from interested 

persons. 


pwalker on PROD1PC71 with NOTICES
45264 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 

3 15 U.S.C. 78s(b)(1). 

4 7 CFR 240.19b–4. 5The Exchange uses the terms ‘‘specialists’’ and 

‘‘specialist units’’ interchangeably herein. 6See Exchange Rule 1080. 7FBMS is designed to enable Floor Brokers and/ 

or their employees to enter, route and report 

transactions stemming from options orders received 

on the Exchange. FBMS also is designed to establish 

an electronic audit trail for options orders 

represented and executed by Floor Brokers on the 

Exchange, such that the audit trail provides an 

accurate, time-sequenced record of electronic and 

other orders, quotations and transactions on the 

Exchange, beginning with the receipt of an order by 

the Exchange, and further documenting the life of 

the order through the process of execution, partial 

execution, or cancellation of that order. See 

Exchange Rule 1080, Commentary .06. 

8Linkage is governed by the Options Linkage 

Authority under the conditions set forth under the 

Plan for the Purpose of Creating and Operating an 

Intermarket Option Linkage (the ‘‘Plan’’) approved 

by the Commission. The registered U.S. options 

markets are linked together on a real-time basis 

through a network capable of transporting orders 

and messages to and from each market. 

9See e-mail dated July 24, 2008 to the 

Commission from Cynthia Hoekstra, Vice President, 

Phlx. 

10This proposal is scheduled to be in effect for 

the same time period as a pilot program relating to 

fees for Linkage Principal Orders and P/A Orders. 

See Securities Exchange Act Release No. 58144 

(July 11, 2008), 73 FR 41394 (July 18, 2008) (SR–

Phlx–2008–49). 

11See Securities Exchange Act Release Nos. 

57608 (April 2, 2008), 73 FR 19128 (April 8, 2008) 

(SR–Phlx–2008–22); 57434 (March 5, 2008), 73 FR 

13269 (March 12, 2008) (SR–Phlx–2008–19); and 

56101 (July 19, 2007), 72 FR 40920 (July 25, 2007) 

(SR–Phlx–2007–50). 

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

13 15 U.S.C. 78f(b)(4). 

14 15 U.S.C. 78s(b)(3)(A)(ii). 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

The Phlx, pursuant to Section 19(b)(1) 

of the Act 3 and Rule 19b–4 thereunder,4

proposes to extend for a one-year period 

until July 31, 2009, its current pilot 

programs relating to: (1) An option 

transaction charge credit of $0.21 per 

contract for Exchange options specialist 

units 5 that incur Phlx option 

transaction charges when a customer 

order is delivered electronically via 

Phlx XL 6 or via the Exchange’s Options 

Floor Broker Management Systems 

(‘‘FBMS’’),7 and is then executed via the 

Intermarket Option Linkage 

(‘‘Linkage’’) 8 as a Principal Acting as 

Agent Order (‘‘P/A Order’’); and (2) the 

Floor Broker Linkage P/A fee and 

Options Specialist Unit Credit, which 

charges floor brokers an amount equal to 

the transaction fee(s) assessed on 

options specialist units by another 

exchange in connection with customer 

orders that are delivered to the limit 

order book via FBMS and executed via 

Linkage as P/A Orders. The Exchange 

then provides to options specialist units 

a credit in an amount equal to the 

transaction fee(s) assessed on them by 

another exchange in connection with 

executing customer orders that are 

delivered to the limit order book via 

FBMS and executed via Linkage as P/A 

Orders. There are no substantive 

changes to the pilot programs as they 

currently operate, other than to extend 

their operation through July 31, 2009.9

While changes to the fee schedule 

pursuant to this proposal are effective 

upon filing, the Exchange has 

designated the changes to be in effect for 

transactions settling on or after July 31, 

2008.10 The text of the proposed rule 

change is available at www.phlx.com, 

the Exchange, and 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 

Phlx 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 Phlx 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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange currently provides for 

an option transaction charge credit of 

$0.21 per contract for Exchange options 

specialist units that incur Phlx option 

transaction charges when a customer 

order is delivered electronically via 

Phlx XL or via FBMS and then is 

executed via Linkage as a P/A Order. In 

addition, the Exchange charges floor 

brokers an amount equal to the 

transaction fee(s) assessed on options 

specialist units by another exchange in 

connection with customer orders that 

are delivered to the limit order book via 

FBMS and executed via Linkage as P/A 

Orders. Options specialist units are then 

credited an amount equal to the 

transaction fee(s) assessed on them by 

another exchange in connection with 

executing customer orders that are 

delivered to the limit order book via 

FBMS and executed via Linkage as a P/ 

A Order. 

The purpose of extending the current 

pilot programs discussed above is to 

encourage the use of Linkage, remain 

competitive with other exchanges with 

respect to the assessment of Linkagerelated fees and to help alleviate the 

potential economic burden of multiple 

transaction charges imposed on 

Exchange specialist units in connection 

with routing these types of Linkage 

orders. Additionally, the purpose of 

assessing a fee on floor brokers who 

send customer orders that are delivered 

to the limit order book via FBMS and 

executed via Linkage as P/A Orders is 

to more equitably assess the applicable 

transaction fee(s) on the member 

originally entering the order to be 

executed. Floor brokers may choose to 

route these orders through other systems 

and not place these orders on the limit 

order book. 

The above-referenced pilot programs 

are currently scheduled to expire on 

July 31, 2008.11 This proposal would 

extend the pilot programs for another 

year, through July 31, 2009. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 12 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 13

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members. 

These pilot programs, in part, help 

alleviate the undue financial burden of 

multiple transaction charges that are 

incurred by specialist units in 

connection with P/A orders executed 

via Linkage. Assessing a fee on floor 

brokers and giving a corresponding 

credit to specialist units allows for the 

transaction fee(s) to be assessed on the 

member who submits the order and for 

the credit to be given to the specialist 

unit that routed the order to another 

exchange in order to obtain the National 

Best Bid or Offer. 

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 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 

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 14 and 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 45265 

15 17 CFR 240.19b–4(f)(2). 16 17 CFR 200.30–3(a)(12). 

subparagraph (f)(2) of Rule 19b–4 

thereunder.15 At any time within 60 

days of the filing of the proposed rule 

change, the Commission may summarily 

abrogate 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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–Phlx–2008–55 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Florence E. Harmon, Acting 

Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–Phlx–2008–55. This file 

number should be included on the 

subject line if e-mail 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 inspection and copying 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 Phlx. 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–Phlx–2008–55, and should 

be submitted on or before August 25, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–17760 Filed 8–1–08; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Data Collection Available for Public 

Comments and Recommendations 

ACTION: Notice and request for 

comments. 

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 

October 3, 2008. 

ADDRESSES: Send all comments 

regarding whether these information 

collections are necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collections, to 

Cynthia Pitts, Administrative Officer, 

Office of Disaster, Small Business 

Administration, 409 3rd Street, SW., 6th 

floor, Wash., DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Pitts, Administrative Officer, 

Office of Disaster, 202–205–7570 

cynthia.pitts@sba.gov Curtis B. Rich, 

Management Analyst, 202–205–7030 

curtis.rich@ba.gov. 

SUPPLEMENTARY INFORMATION: The Small 

Business Administration is authorized 

to make loans to victims of declared 

disasters for the purpose of restoring 

their damaged property to, as near as 

possible, pre-disaster conditions. SBA’s 

Office of Disaster Assistance provides 

customer service to individuals and 

businesses on the phone and via email 

through its Disaster Assistance 

Customer Service Center and in-person 

through its Field Operations Centers. 

Title: ‘‘Disaster Business Loan 

Application.’’

Description of Respondents: 

Application for benefits (loan) used to 

determine eligibility and credit 

worthiness of Small Business or not-forprofit organizations who seek Federal 

Assistance in a declared disaster. 

Respondents are disaster victims 

seeking disaster assistance. 

Form Numbers: 5 & 1368. 

Annual Responses: 9,510. 

Annual Burden: 22,208. 

Title: ‘‘Disaster Business Loan 

Application.’’

Description of Respondents: 

Application for benefits (loan) used to 

determine eligibility and credit 

worthiness of Small Business or not-forprofit organizations who seek Federal 

Assistance in a declared disaster. 

Respondents are disaster victims 

seeking disaster assistance. 

Form Number: 5C. 

Annual Responses: 49,862. 

Annual Burden: 74,793. 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. E8–17834 Filed 8–1–08; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Disaster Declaration #11340 and 

#11341; Georgia Disaster #GA–00014 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of Georgia dated 07/28/ 

2008. 

Incident: Severe Storms and 

Tornadoes. 

Incident Period: 05/20/2008. 

Effective Date: 07/28/2008. 

Physical Loan Application Deadline 

Date: 09/26/2008. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 04/28/2009. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration, 

applications for disaster loans may be 

filed at the address listed above or other 

locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 


pwalker on PROD1PC71 with NOTICES