51332 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 

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. 

5See Securities Exchange Act Release No. 56526 

(September 25, 2007), 72 FR 56117 (SR–Phlx–2007–

67). 

6See footnote 4 of the current XLE Fee Schedule. 

7See footnotes 2 and 3 of the current XLE Fee 

Schedule. 

8The current fee for securities executed on XLE

with a per share price below $1.00 that remove 

liquidity will remain at 0.1% (i.e., 10 basis points) 

of the total dollar value of the transaction. 

9 15 U.S.C. 78f(b). 

10 15 U.S.C. 78f(b)(4). 

11 17 CFR 242.610(c)(1). 

12 15 U.S.C. 78s(b)(3)(A)(ii). 

13 17 CFR 240.19b–4(f)(2). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58405; File No. SR–Phlx–

2008–63] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by the 

Philadelphia Stock Exchange, Inc. 

Relating to Execution Fees on the XLE 

Fee Schedule 

August 21, 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 

19, 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 the Execution Fees 

on the XLE Fee Schedule. 

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 adjust the Execution Fees 

for XLE, the Exchange’s equity trading 

platform, in light of the expected 

reduction in volume following the 

Exchange’s announcement to XLE 

Participants that XLE will cease 

operations in October 2008. The 

Exchange informed XLE Participants on 

August 4, 2008, that the Exchange 

intends to discontinue XLE on or 

before October 24, 2008. Following this 

announcement, the Exchange expects 

that XLE Participants will now begin to 

reduce their operations on XLE, 

thereby reducing volume on XLE. 

The amendments to the XLE Fee 

Schedule include a deletion of the 

Execution Fees5 currently in place, 

including the categories of fees based on 

the volume tier level executed through 

XLE 6 and on the XLE Participant’s 

status as a net maker or net taker of 

liquidity.7 As amended, the Execution 

Fee for removing liquidity will be 

$0.003 per share executed on XLE.8

There will be no credit for providing 

liquidity. These fees will apply to XLE 

Participants without regard to volume 

tiers or status as a net taker or net maker 

of liquidity. In addition, the XLE Fee 

Schedule will be amended to delete 

footnotes and references in footnotes 

referring to volume tier and net maker 

and net taker qualifications. The 

remaining footnotes will be 

renumbered. The amended Execution 

Fee will be operative for trades that 

settle on or after September 2, 2008. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 9 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 10

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members who 

continue to use XLE as the amended 

fees apply equally to all XLE 

Participants and will only operate for 

less than 60 days as the Exchange 

intends to discontinue XLE on or 

before October 24, 2008. In addition, the 

Exchange believes that its proposal is 

consistent with Rule 610(c)(1) of 

Regulation NMS 11 as the amended 

Execution Fee for removing liquidity 

from XLE does not exceed $0.003 per 

share. 

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 12 and 

paragraph (f)(2) of Rule 19b–4 13

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–2008–63 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–Phlx–2008–63. 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 


erowe on PROD1PC64 with NOTICES
Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 51333 

14 17 CFR 200.30–3(a)(12). 

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, 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 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–

2008–63 and should be submitted on or 

before September 23, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–20250 Filed 8–29–08; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Reporting and Recordkeeping 

Requirements Under OMB Review 

AGENCY: Small Business Administration. 

ACTION: Notice of reporting requirements 

submitted for OMB review. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), agencies are required to 

submit proposed reporting and 

recordkeeping requirements to OMB for 

review and approval, and to publish a 

notice in the Federal Register notifying 

the public that the agency has made 

such a submission. 

DATES: Submit comments on or before 

October 2, 2008. If you intend to 

comment but cannot prepare comments 

promptly, please advise the OMB 

Reviewer and the Agency Clearance 

Officer before the deadline. 

Copies: Request for clearance (OMB 

83–1), supporting statement, and other 

documents submitted to OMB for 

review may be obtained from the 

Agency Clearance Officer. 

ADDRESSES: Address all comments 

concerning this notice to: Agency 

Clearance Officer, Jacqueline White, 

Small Business Administration, 409 3rd 

Street, SW., 5th floor, Washington, DC 

20416; and OMB Reviewer, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline White, Agency Clearance 

Officer, (202) 205–7044. 

SUPPLEMENTARY INFORMATION: 

Title: U.S. Small Business 

Administration Advisory Committee 

Membership Nominee Information. 

Description of Respondents: To 

collect information for candidates for 

Advisory Council. 

Form Number: SBA Form 898. 

Annual Responses: 100. 

Annual Burden: 100. 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. E8–20216 Filed 8–29–08; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Advisory Committee on Veterans 

Business Affairs 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of open Federal Advisory 

Committee Meeting. 

SUMMARY: The SBA is issuing this notice 

to announce the location, date, time, 

and agenda for the next meeting of the 

Advisory Committee on Veterans 

Business Affairs. The meeting will be 

open to the public. 

DATES: The meeting will be held on 

September 23–24, 2008, from 9 a.m. to 

5 p.m. Eastern Standard Time. 

ADDRESSES: The meeting will be held at 

the U.S. Small Business Administration, 

409 3rd Street, SW., Eisenhower 

Conference Room, 2nd floor, Side B, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (5 U.S.C., 

Appendix 2), SBA announces the 

meeting of the Advisory Committee on 

Veterans Business Affairs. The Advisory 

Committee on Veterans Business Affairs 

serves as an independent source of 

advice and policy recommendation to 

the Administrator of the U.S. Small 

Business Administration. 

The purpose of the meeting is 

scheduled as a full committee meeting. 

The agenda will include: (1) Status of 

the current committee; (2) Orientation 

for new members; (3) Discussion of the 

permanency of SBA’s Advisory 

Committee; (4) A review of SBA’s 

Programs and Services; (5) 

Implementation steps of Public Law 

110–186; and (6) Annual report and 

planning with the National Veterans 

Business Development Corporation 

(NVBDC). 

FOR FURTHER INFORMATION CONTACT: The 

meeting is open to the public; however, 

advance notice of attendance is 

requested. Anyone wishing to attend 

and/or make a presentation to the 

Advisory Committee on Veterans 

Business Affairs must contact Cheryl 

Simms, Program Liaison, by September 

15, 2008, by fax or e-mail in order to be 

placed on the agenda. Cheryl Simms, 

Program Liaison, U.S. Small Business 

Administration, Office of Veterans 

Business Development, 409 3rd Street, 

SW., Washington, DC 20416, Telephone 

number: (202) 205–6773, Fax number: 

202–481–6085, e-mail address: 

cheryl.simms@sba.gov. 

Additionally, if you need 

accommodations because of a disability 

or require additional information, please 

contact Cheryl Simms, Program Liaison 

at (202) 205–6773; e-mail address: 

cheryl.simms@sba.gov; or SBA, Office of 

Veterans Business Development, 409 

3rd Street, SW., Washington, DC 20416. 

For more information, please visit our 

Web site at http://www.sba.gov/vets. 

Dated: August 21, 2008. 

Cherylyn Lebon, 

SBA Committee Management Officer. 

[FR Doc. E8–20217 Filed 8–29–08; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 6339] 

Determination Pursuant to the Foreign 

Missions Act, Removing Conditions 

and Restrictions on the Cuban 

Interests Section and Its Personnel 

With Respect to the Acquisition and 

Disposition of Motor Vehicles in the 

United States 

Summary 

The United States Interests Section of 

the Embassy of Switzerland in Havana, 

Cuba (‘‘the U.S. Interests Section’’), is 

the mission through which the U.S. 

communicates with the Government 

and people of Cuba. The Cuban 

Government’s counterpart mission in 

the United States is the Cuban Interests 

Section of the Embassy of Switzerland 

in Washington, DC (‘‘the Cuban Interests 

Section’’). The Foreign Missions Act of 

1982 as amended (22 U.S. Code 4301, et 


erowe on PROD1PC64 with NOTICES