Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51035 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 C.F.R. 240.19b–4(f)(6). 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4. 

5The Exchange recently filed, and the 

Commission approved, a proposed rule change with 

the Commission to automate the process for 

handling and executing complex orders. See 

Securities Exchange Act Release No. 58361 (August 

14, 2008) (SR–Phlx–2008–50) (‘‘Approval Order’’). 

A Complex Order is composed of two or more 

option components and is priced as a single order 

(a ‘‘Complex Order Strategy’’) on a net debit or net 

credit basis. 

6See Securities Exchange Act Release No. 50100 

(July 27, 2004), 69 FR 46612 (August 3, 2004) (SR–

Phlx–2003–59). 

equitable principles of trade, to remove 

impediments, and to perfect the 

mechanism of, a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest. The proposed 

amendment specifically seeks to remove 

impediments to and perfect the 

mechanisms of a free and open market 

by conforming the Exchange’s listing 

procedures to those of Nasdaq and the 

Amex, thereby eliminating any 

competitive disadvantage the Exchange 

may suffer as a result of imposing a legal 

opinion requirement with respect to 

securities listings. In addition, the 

Exchange’s procedures will continue to 

protect the interests of investors by 

imposing requirements that will ensure 

that listed companies are duly and 

validly organized and in good standing 

in their jurisdiction of incorporation. 

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 

Written comments on the proposed 

rule change were neither solicited nor 

received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change has taken 

effect upon filing pursuant to section 

19(b)(3)(A) of the Act.10

The Exchange asserts that the 

proposed rule change (i) will not 

significantly affect the protection of 

investors or the public interest, (ii) will 

not impose any significant burden on 

competition, and (iii) will not become 

operative for 30 days after the date of 

this filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest. 

The Exchange provided the 

Commission with written notice of its 

intent to file the proposed rule change, 

along with a brief description and text 

of the proposed rule change, at least five 

business days prior to the date of the 

filing of the proposed rule change as 

required by Rule 19b–4(f)(6).11

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 

rule-comments@sec.gov. Please include 

File Number SR–NYSEArca–2008–84 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–NYSEArca–2008–84. 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 self-regulatory 

organization. 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–

NYSEArca–2008–84 and should be 

submitted on or before September 19, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–20063 Filed 8–28–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58420; File No. SR–Phlx–

2008–62] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by the 

Philadelphia Stock Exchange, Inc. 

Relating to the Exchange’s Fee 

Schedule Concerning Complex Orders 

August 25, 2008. 

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 August 

22, 2008, the Philadelphia Stock 

Exchange, Inc. (‘‘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 Phlx. 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 Phlx, pursuant to section 19(b)(1) 

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

proposes to amend its option fee 

schedule by establishing that certain 

fees would not be assessed on contracts 

that are executed electronically as part 

of a Complex Order 5 on the Exchange’s 

electronic trading platform for options, 

Phlx XL,6 and that contract volume 

thresholds applicable to certain 

mstockstill on PROD1PC66 with NOTICES

51036 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

7ROT equity option transaction charges are 

referred to on the Exchange’s fee schedule as 

‘‘Registered Option Trader (on floor).’’ This charge 

applies to ROTs, Streaming Quote Traders 

(‘‘SQTs’’), and Remote Streaming Quote Traders 

(‘‘RSQTs’’). SQTs and RSQTs are considered to be 

ROTs pursuant to Exchange Rule 1014. ROT 

transactions entered from off-floor would continue 

to be included in the broker-dealer equity option 

transaction charges for billing purposes, as set forth 

in footnote 3 of the Exchange’s Summary of Equity 

Option, and MNX, NDX, RUT and RMN Charges fee 

schedule. 

8Customers are charged $0.12 per contract for 

executions in MNX and NDX options. 

9See Securities Exchange Act Release No. 56274 

(August 16, 2007), 72 FR 48720 (August 24, 2007) 

(SR–Phlx–2007–54). 

Exchange subsidies, volume bonuses 

and discounts would not include 

contracts that are executed 

electronically as part of a Complex 

Order. 

This proposal is effective upon filing 

and will be implemented beginning 

with the rollout of the automated 

Complex Order system on the Exchange 

on August 22, 2008. The rollout date 

will be posted on the Exchange’s Web 

site at http://www.phlx.com/index.aspx. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.phlx.com/regulatory/ 

reg_rulefilings.aspx. 

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 purpose of the proposed rule 

change is to revise the Exchange’s fee 

schedule in order to launch the 

Exchange’s automated Complex Order 

system, and to compete for and 

encourage the submission of electronic 

Complex Order flow to the Exchange. 

Pursuant to this proposal, the Exchange 

intends to amend the Exchange’s: (i) 

Summary of Equity Option, and MNX, 

NDX, RUT and RMN Charges; (ii) 

Summary of Index Option Charges; (iii) 

Summary of U.S. Dollar-Settled Foreign 

Currency Option Charges; (iv) Market 

Access Provider Subsidy; and (v) 

Options Floor Broker Subsidy, as 

described in detail below. 

Summary of Equity Option, and MNX, 

NDX, RUT and RMN Charges 

Currently, the Exchange assesses 

various option transaction charges for 

equity options, depending on such 

factors as the category of person(s) 

submitting orders for execution (e.g., 

customers, specialists, broker-dealers, 

Registered Options Traders (‘‘ROTs’’) 7

and Firms are all charged differently, on 

a per contract basis, ranging from $0.00 

per contract to $0.45 per contract) and 

the manner in which the order is 

delivered to the Exchange. For example, 

broker-dealer orders submitted 

electronically to the Exchange’s systems 

are charged $0.45 per contract, whereas 

broker-dealer orders submitted through 

means other than the Exchange’s 

electronic system are charged $0.25 per 

contract. Customers submitting orders 

in equity options are generally not 

charged transaction fees 8 whereas ROTs 

and Firms are charged. 

The Exchange also assesses an option 

comparison charge of $0.03 per contract 

for ROTs and $0.04 per contract for 

Firms that submit proprietary orders. 

Customers and broker-dealers are not 

charged. 

The Exchange currently provides a 

discount for ROTs (on-floor) and 

specialists that exceed 4.5 million 

contracts in a given month (the 

‘‘Volume Threshold’’) by assessing 

$0.01 per contract on contract volume 

above the Volume Threshold instead of 

the applicable options transaction 

charge and option comparison charge 

described in the Summary of Equity 

Option, and MNX, NDX, RUT and RMN 

Charges. Complex Order volume will 

not be used in calculating the Volume 

Threshold. 

In order to compete for order flow 

respecting Complex Orders in equity 

options, the Exchange proposes to 

amend the fee schedule to clarify that 

the option comparison charge and the 

option transaction charge will not be 

assessed on contracts in equity options 

that are executed electronically as part 

of a Complex Order. 

Summary of Index Option Charges 

The Exchange currently assesses an 

option comparison charge and an option 

transaction charge for index option 

transactions, as described in the 

Exchange’s Summary of Index Option 

Charges. The Exchange proposes to 

amend the fee schedule to clarify that 

the option comparison charge and the 

option transaction charge will not be 

assessed on contracts in Index Options 

that are executed electronically as part 

of a Complex Order. 

Summary of U.S Dollar-Settled Foreign 

Currency Option Charges 

The Exchange currently assesses an 

option comparison charge and an option 

transaction charge for transactions in 

options overlying U.S. dollar-settled 

foreign currencies, as described in the 

Exchange’s Summary of U.S DollarSettled Foreign Currency Option 

Charges. The Exchange proposes to 

amend the fee schedule to clarify that 

the option comparison charge and the 

option transaction charge will not be 

assessed on contracts in U.S dollarsettled foreign currency options that are 

executed electronically as part of a 

Complex Order. 

Market Access Provider Subsidy 

In August 2007, the Exchange 

amended its fee schedule to provide a 

per contract subsidy (the ‘‘Subsidy’’) for 

certain Exchange members known as 

Market Access Providers (‘‘MAPs’’).9 A 

MAP is an Exchange member 

organization that offers to customers 

automated order routing systems and 

electronic market access to U.S. options 

markets. The Exchange pays a percontract MAP Subsidy to any Exchange 

member organization that qualifies as a 

MAP (an ‘‘Eligible MAP,’’ as described 

in footnote 5(b) of the Market Access 

Provider Subsidy section of the 

Exchange’s fee schedule). The Subsidy 

is paid on contract volume that exceeds 

the ‘‘Baseline Order Flow’’ in ‘‘Eligible 

Contracts’’ as described in the MAP 

Subsidy section. The Exchange also 

pays a monthly Volume Bonus to MAPs 

that exceed certain volume thresholds 

in Eligible Contracts in a given month. 

The Exchange proposes to amend the 

Market Access Provider Subsidy section 

of the fee schedule by clarifying that 

volume in Complex Orders that is 

submitted and executed electronically 

on Phlx XL will not be counted towards 

the MAP’s Baseline Order Flow and that 

the Exchange will not use Complex 

Order volume to determine eligibility 

for the Monthly MAP Volume Bonus. 

The Exchange proposes to state in the 

MAP Subsidy section of the fee 

schedule that contracts executed 

electronically on Phlx XL as part of a 

Complex Order would not be 

considered to be ‘‘Eligible Contracts,’’

and thus will not be included in the 

Exchange’s calculation of Baseline 

Order Flow and will not be included in 

its calculation of monthly volume in 

determining a MAP’s eligibility for the 

Monthly Volume Bonus. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51037 

10A ‘‘new specialist unit’’ is one that is approved 

to operate as a specialist unit by the Exchange’s 

Options Allocation, Evaluation and Securities 

Committee on or after February 1, 2004. 

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

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

13 15 U.S.C. 78s(b)(3)(A)(ii). 

14 17 CFR 240.19b–4(f)(2). 

Options Floor Broker Subsidy 

The Exchange currently pays an 

Options Floor Broker Subsidy to 

member organizations with registered 

Floor Brokers based on two volume 

thresholds. In order to be eligible for the 

Options Floor Broker Subsidy, the 

member organization must have an 

average daily volume in a particular 

calendar month in excess of 75,000 

contracts, and must have 40,000 

executed contracts or more per day for 

at least 8 trading days during that same 

month. 

The Exchange proposes to amend the 

Options Floor Broker Subsidy section of 

the fee schedule by establishing that 

only the largest component of a complex 

order (i.e., the component that includes 

the greatest number of contracts) will be 

included in the calculation of the two 

above-mentioned volume thresholds, 

and that, while the largest component’s 

volume will count towards the volume 

threshold, the Exchange will not pay the 

Options Floor Broker Subsidy for any 

contracts that are executed 

electronically as part of a Complex 

Order. 

Cancellation Fees 

The Exchange currently charges a 

cancellation fee of $1.10 per order for 

each order (in equity, index and U.S. 

dollar-settled foreign currency options) 

that is delivered electronically that 

exceeds the number of orders executed 

on the Exchange by a member 

organization in a given month. The 

cancellation fee is not assessed in a 

month in which fewer than 500 

electronically delivered orders are 

cancelled. For example, if a member 

organization delivers 1700 orders in a 

given month, and 700 of those orders 

are executed on the Exchange but the 

member organization cancels 1,000 of 

those orders in a given month, the 

Exchange will assess a cancellation fee 

of $330.00 ($1.10 × 300 orders cancelled 

in excess of the 700 executed orders). 

The cancellation fee will not apply to 

Complex Orders that are submitted 

electronically in equity, index and U.S. 

dollar-settled foreign currency options. 

Miscellaneous Fees and Charges 

There are several current charges that 

will continue to be assessed for 

contracts executed electronically as part 

of a Complex Order, and thus are not 

proposed to be amended. 

First, the Exchange charges a real-time 

risk management fee in equity and 

index options of $.0025 per contract for 

firms receiving information on a realtime basis. The real-time risk 

management fee will apply to Complex 

Orders that are executed electronically 

as part of a Complex Order in equity 

and index options. 

Secondly, the Exchange assesses percontract payment for order flow fees on 

transactions resulting from customer 

orders in equity options as described in 

the Equity Option, and MNX, NDX, RUT 

and RMN Charges. Such fees, if 

applicable, will apply to Complex 

Orders that are executed electronically 

as part of a Complex Order in equity 

options. 

Third, the Exchange charges a 

specialist deficit (shortfall) fee of $0.35 

per contract for specialists trading any 

Top 120 equity option if 12% of the 

total national monthly contract volume 

(volume threshold) is not affected on the 

Exchange. The Exchange will include 

contracts executed electronically as part 

of a Complex Order in its calculation of 

the volume threshold. 

Finally, the Exchange currently 

‘‘caps’’ the specialist deficit (shortfall) 

fee for any Top 120 equity option listed 

after February 2004 and for any Top 120 

equity option acquired by a new 

specialist unit 10 within the first 60 days 

of operations, by establishing increasing 

volume thresholds (beginning at 0% for 

the first month of operations, ramping 

up to 12% in the fifth month of 

operations and thereafter). The 

Exchange will include contracts 

executed electronically as part of a 

Complex Order in its calculation of the 

‘‘new specialist unit’’ volume threshold. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

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. 

Specifically, the Exchange believes that 

this proposal is equitable because it 

generally should result in the effective 

waiver of comparison and transaction 

charges that would otherwise be 

assessed to specialists, ROTs, SQTs, 

RSQTs and Floor Brokers submitting 

Complex Orders to the Exchange, thus 

encouraging the submission of 

electronic Complex Orders to the 

Exchange for execution. 

The Exchange further believes that the 

inclusion of contract volume executed 

electronically as part of Complex Orders 

in its calculation of certain volume 

thresholds relating to the various 

volume discounts and volume bonuses 

enumerated above is equitable because 

it generally applies to all market 

participants that qualify for such 

volume bonuses and discounts. The 

Exchange also believes that the 

exclusion of Complex Orders and 

contract volume executed electronically 

as part of Complex Orders from certain 

fees should create incentives for 

member organizations to submit 

electronic Complex Orders to the 

Exchange, thus enhancing the depth and 

liquidity of the Exchange’s markets. 

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 13 and 

paragraph (f)(2) of Rule 19b–414

thereunder. 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–2008–62 on the 

subject line. 

mstockstill on PROD1PC66 with NOTICES

51038 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

15 17 CFR 200.30–3(a)(12). 

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–Phlx–2008–62. 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 will also be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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–

2008–62 and should be submitted on or 

before September 19, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–20140 Filed 8–28–08; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 11370] 

New Hampshire Disaster Number NH–

00006 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of New Hampshire ( FEMA–

1782–DR ), dated 08/11/2008. 

Incident: Severe Storms, Tornado, and 

Flooding. 

Incident Period: 07/24/2008. 

Effective Date: 08/20/2008. 

Physical Loan Application Deadline 

Date: 10/10/2008. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 05/11/2009. 

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: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of New 

Hampshire, dated 08/11/2008, is hereby 

amended to include the following areas 

as adversely affected by the disaster. 

Primary Counties: Merrimack, Strafford. 

Contiguous Counties (Economic Injury 

Loans Only): 

New Hampshire: Sullivan. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E8–20129 Filed 8–28–08; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 09/79–0454] 

Emergence Capital Partners SBIC, 

L.P.; Notice Seeking Exemption Under 

Section 312 of the Small Business 

Investment Act, Conflicts of Interest 

Notice is hereby given that Emergence 

Capital Partners SBIC, L.P., 160 Bovet 

Road, Suite 300, San Mateo, CA 94402, 

a Federal Licensee 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). 

Emergence Capital Partners SBIC, L.P. 

proposes to provide equity/debt security 

financing to Krugle, Inc., 200 

Middlefield Road, Suite 104, Menlo 

Park, CA 94025. 

The financing is brought within the 

purview of § 107.730(a)(1) of the 

Regulations because Emergence Capital 

Partners, L.P. and Emergence Capital 

Associates, L.P., all Associates of 

Emergence Capital Partners SBIC, L.P., 

own more than ten percent of Krugle, 

Inc., and therefore this transaction is 

considered a financing of an Associate 

requiring prior SBA approval. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction, within 

fifteen days of the date of this 

publication, to the Associate 

Administrator for Investment, U.S. 

Small Business Administration, 409 

Third Street, SW., Washington, DC 

20416. 

August 11, 2008. 

A. Joseph Shepard, 

Associate Administrator for Investment. 

[FR Doc. E8–20125 Filed 8–28–08; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 6337] 

In the Matter of the Designation of: 

Joseph Kony as a Specially 

Designated Global Terrorist Pursuant 

to Section 1(b) of Executive Order 

13224, as Amended 

Acting under the authority of and in 

accordance with section 1(b) of 

Executive Order 13224 of September 23, 

2001, as amended by Executive Order 

13268 of July 2, 2002, and Executive 

Order 13284 of January 23, 2003, I 

hereby determine that the individual 

known as Joseph Kony has committed, 

or poses a significant risk of committing, 

acts of terrorism that threaten the 

security of U.S. nationals or the national 

security, foreign policy, or economy of 

the United States. 

Consistent with the determination in 

section 10 of Executive Order 13224 that 

‘‘prior notice to persons determined to 

be subject to the Order who might have 

a constitutional presence in the United 

States would render ineffectual the 

blocking and other measures authorized 

in the Order because of the ability to 

transfer funds instantaneously,’’ I 

determine that no prior notice needs to 

be provided to any person subject to this 

determination who might have a 

constitutional presence in the United 

States, because to do so would render 

ineffectual the measures authorized in 

the Order. 

This notice shall be published in the 

Federal Register. 

mstockstill on PROD1PC66 with NOTICES