54688 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 

14 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)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

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

6 15 U.S.C. 78f(b)(4). 

7 15 U.S.C. 78s(b)(3)(A)(ii). 

8 17 CFR 240.19b–4(f)(2). 

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 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– 

2010–62 and should be submitted on or 

before September 29, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22291 Filed 9–7–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62804; File No. SR–BX– 

2010–060] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change Relating to the 

Options Regulatory Fee 

August 31, 2010. 

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 

27, 2010, NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. The 

Exchange filed the proposed rule change 

pursuant to Section 19(b)(3)(A)(ii) of the 

Act,3 and Rule 19b–4(f)(2) thereunder,4

which renders the proposal effective 

upon filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

Fee Schedule of the Boston Options 

Exchange Group, LLC (‘‘BOX’’), effective 

September 1, 2010, to assess the Options 

Regulatory Fee to each BOX Market 

Maker or Order Flow Provider that is 

fully certified to transact business on 

the Exchange. The text of the proposed 

rule change is available from the 

principal office of the Exchange, at the 

Commission’s Public Reference Room, 

on the Exchange’s Internet Web site at 

http://nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/, and on the 

Commission’s Web site at http:// 

www.sec.gov. 

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 

self-regulatory organization 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 self-regulatory organization 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 circumstances 

under which the Exchange will assess 

the Options Regulatory Fee. In 

particular, the Exchange will assess the 

Options Regulatory Fee to BOX Options 

Participants that (i) are registered with 

the Exchange pursuant to Chapter II of 

the Rules of BOX; and (ii) have satisfied 

the technological requirements to be a 

fully certified BOX Market Maker or 

Order Flow Provider. Market Makers 

and Order Flow Providers are not 

capable of transacting business on the 

Exchange until the firm has been 

technologically certified by BOX (‘‘fully 

certified’’). In certain instances, 

particularly at the outset of becoming a 

Participant, a Market Maker or an Order 

Flow Provider may be registered with 

the Exchange prior to obtaining the 

requisite technological certification. 

BOX believes that it is not equitable to 

assess the Options Regulatory Fee on a 

Market Maker or Order Flow Provider 

that, prior to initially satisfying certain 

technology requirements, is not capable 

of availing itself of the benefits of its 

status as a BOX Participant. BOX does 

not desire to assess the Options 

Regulatory Fee to such Market Makers 

and Order Flow Providers until they are 

fully certified to transact business on 

the Exchange. The proposed change will 

have no effect on the assessment of fees 

for current BOX Market Makers and 

Order Flow Providers that are fully 

certified to transact business on the 

Exchange and will have no effect on 

Participants that are only clearing 

transactions for other BOX Participants. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,5

in general, and Section 6(b)(5) [sic] of 

the Act,6 in particular, in that it 

provides [sic] the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and issuers and 

other persons using its facilities. The 

proposed changes provide that newly 

registered Market Makers and Order 

Flow Providers will be assessed the 

Options Regulatory Fee once fully 

certified and will not alter the 

assessment of the Options Regulatory 

Fee on current BOX Market Makers and 

Order Flow Providers that are fully 

certified to transact business on the 

Exchange and on Participants that are 

only clearing transactions for other BOX 

Participants. 

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 

The Exchange has neither solicited 

nor received comments on the proposed 

rule change. 

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 Exchange Act 7 and 

Rule 19b–4(f)(2)8 thereunder, because it 

establishes or changes a due, fee, or 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 54689 

9 17 CFR 200.30–3(a)(12). 

other charge applicable only to a 

member. 

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 the 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or would otherwise further 

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–BX–2010–060 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–BX–2010–060. 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 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–BX–2010– 

060 and should be submitted on or 

before September 29, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22289 Filed 9–7–10; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 7152] 

Additional Designation of an Entity 

Pursuant to Executive Order 13382 

AGENCY: Department of State. 

ACTION: Designation of North Korea’s 

Second Academy of Natural Sciences, 

Second Economic Committee, and 

Munitions Industry Department 

Pursuant to Executive Order 13382. 

SUMMARY: Pursuant to the authority in 

section 1(ii) of Executive Order 13382, 

‘‘Blocking Property of Weapons of Mass 

Destruction Proliferators and Their 

Supporters’’, the State Department, in 

consultation with the Secretary of the 

Treasury and the Attorney General, has 

determined that three North Korean 

entities, the Second Academy of Natural 

Sciences (SANS), the Second Economic 

Committee (SEC), and the Munitions 

Industry Department (MID), have 

engaged, or attempted to engage, in 

activities or transactions that have 

materially contributed to, or pose a risk 

of materially contributing to, the 

proliferation of weapons of mass 

destruction or their means of delivery 

(including missiles capable of delivering 

such weapons), including any efforts to 

manufacture, acquire, possess, develop, 

transport, transfer or use such items, by 

any person or foreign country of 

proliferation concern. 

DATES: The designation by the Under 

Secretary of State for Arms Control and 

International Security of the entities 

identified in this notice pursuant to 

Executive Order 13382 is effective on 

August 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Director, Office of Counterproliferation 

Initiatives, Bureau of International 

Security and Nonproliferation, 

Department of State, Washington, DC 

20520, tel.: 202–647–5193. 

Background: 

On June 28, 2005, the President, 

invoking the authority, inter alia, of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706) 

(‘‘IEEPA’’), issued Executive Order 

13382 (70 FR 38567, July 1, 2005) (the 

‘‘Order’’), effective at 12:01 a.m. eastern 

daylight time on June 30, 2005. In the 

Order the President took additional 

steps with respect to the national 

emergency described and declared in 

Executive Order 12938 of November 14, 

1994, regarding the proliferation of 

weapons of mass destruction and the 

means of delivering them. 

Section 1 of the Order blocks, with 

certain exceptions, all property and 

interests in property that are in the 

United States, or that hereafter come 

within the United States or that are or 

hereafter come within the possession or 

control of United States persons, of: (1) 

The persons listed in the Annex to the 

Order; (2) any foreign person 

determined by the Secretary of State, in 

consultation with the Secretary of the 

Treasury, the Attorney General, and 

other relevant agencies, to have 

engaged, or attempted to engage, in 

activities or transactions that have 

materially contributed to, or pose a risk 

of materially contributing to, the 

proliferation of weapons of mass 

destruction or their means of delivery 

(including missiles capable of delivering 

such weapons), including any efforts to 

manufacture, acquire, possess, develop, 

transport, transfer or use such items, by 

any person or foreign country of 

proliferation concern; (3) any person 

determined by the Secretary of the 

Treasury, in consultation with the 

Secretary of State, the Attorney General, 

and other relevant agencies, to have 

provided, or attempted to provide, 

financial, material, technological or 

other support for, or goods or services 

in support of, any activity or transaction 

described in clause (2) above or any 

person whose property and interests in 

property are blocked pursuant to the 

Order; and (4) any person determined 

by the Secretary of the Treasury, in 

consultation with the Secretary of State, 

the Attorney General, and other relevant 

agencies, to be owned or controlled by, 

or acting or purporting to act for or on 

behalf of, directly or indirectly, and 

person whose property and interests in 

property are blocked pursuant to the 

Order. 

Information on the additional 

designees is as follows: 

SECOND ACADEMY OF NATURAL 

SCIENCES, (a.k.a. 2nd Academy of 

Natural Sciences, a.k.a. Che 2 Chayon 

Kwahak-Won, a.k.a. Academy of Natural 

Sciences, a.k.a. Chayon Kwahak-Won, 

a.k.a. National Defense Academy, a.k.a. 


jlentini on DSKJ8SOYB1PROD with NOTICES