63526 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 

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

2 17 CFR 240.19b–4. 

3See Exchange Rule 1017(l). 

4The Exchange market maker category includes 

Specialists (see Rule 1020) and Registered Options 

Traders (Rule 1014(b)(i) and (ii), which includes 

Streaming Quote Traders or SQTs (see Rule 

1014(b)(ii)(A)) and Remote Streaming Quote 

Traders or RSQTs (see Rule 1014(b)(ii)(B)). 

For more information, please visit our 

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

aboutsba/sbaprograms/cfo/index.html. 

Dan S. Jones, 

White House Liaison. 

[FR Doc. 2010–26000 Filed 10–14–10; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of: Camera Platforms 

International, Inc., Castleguard Energy, 

Inc., CD Warehouse, Inc., Ceatech 

USA, Inc., Cedyco Corp., Cell Robotics 

International, Inc., Cell Wireless Corp., 

Cellcom Corporation (n/k/a Cellcom I 

Corp.), and Central Utilities Production 

Corp.; Order of Suspension of Trading 

October 13, 2010. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Camera 

Platforms International, Inc. because it 

has not filed any periodic reports since 

the period ended September 30, 2007. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Castleguard 

Energy, Inc. because it has not filed any 

periodic reports since the period ended 

September 30, 2006. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of CD 

Warehouse, Inc. because it has not filed 

any periodic reports since the period 

ended March 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Ceatech 

USA, Inc. because it has not filed any 

periodic reports since the period ended 

July 31, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Cedyco 

Corp. because it has not filed any 

periodic reports since the period ended 

September 30, 1994. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Cell 

Robotics International, Inc. because it 

has not filed any periodic reports since 

the period ended March 31, 2005. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Cell 

Wireless Corp. because it has not filed 

any periodic reports since the period 

ended September 30, 2005. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Cellcom 

Corporation (n/k/a Cellcom I Corp.) 

because it has not filed any periodic 

reports since the period ended 

December 31, 2005. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Central 

Utilities Production Corp. because it has 

not filed any periodic reports since the 

period ended June 30, 2002. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 

companies. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the above-listed companies 

is suspended for the period from 9:30 

a.m. EDT on October 13, 2010, through 

11:59 p.m. EDT on October 26, 2010. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2010–26123 Filed 10–13–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63070; File No. SR–Phlx– 

2010–129] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Rebates and Fees for Adding and 

Removing Liquidity 

October 8, 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 

September 27, 2010, NASDAQ OMX 

PHLX LLC (‘‘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 Exchange. 

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 Exchange proposes to amend its 

Rebates and Fees for Adding and 

Removing Liquidity in Select Symbols 

to amend its current fees for removing 

liquidity and also add certain fees to 

apply to Complex Orders. 

While changes to the Exchange’s Fee 

Schedule pursuant to this proposal are 

effective upon filing, the Exchange has 

designated this proposal to be effective 

for trades settling on or after October 1, 

2010. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.nasdaqtrader.com/

micro.aspx?id=PHLXfilings, at the 

principal office of the Exchange, at the 

Commission’s Public Reference Room, 

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 

Exchange 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 

Exchange 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 incentivize Broker-Dealers 

that route Customer orders to use the 

Exchange’s enhanced automated 

opening system 3 as well as to route 

Complex Order volume to the Exchange. 

The increased Customer volume should 

benefit market makers 4 and other 

Broker-Dealers engaged in proprietary 

trading. 

The Exchange is proposing to amend 

its current Rebates and Fees for Adding 

and Removing Liquidity in Select 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 63527 

5The Rebates and Fees for Adding and Removing 

Liquidity in Select Symbols will continue to apply 

only to electronic orders. 

6A complex order strategy means any Complex 

Order involving any option series which is priced 

at a net debit or credit (based on the relative prices 

of each component). The Exchange will calculate 

both a bid price and an offer price for each complex 

order strategy based on the current PBBO (as 

defined below) for each component of the Complex 

Order and the bid/ask differential for each 

component. See Exchange Rule 1080, Commentary 

.08(a)(ii). 

7The Commission notes that the Exhibit 5 

attached to the form 19b–4 states that ‘‘Customer 

Complex Orders will receive the Rebate for Adding 

Liquidity when electronically executed against a 

non-Customer contra-side order with the same 

Complex Order Strategy.’’ (Emphasis added). 

8See Exchange Rule 1017, Openings in Options. 

9Electronic auctions include, without limitation, 

the Complex Order Live Auction (‘‘COLA’’), and 

Quote and Market Exhaust auctions. 

Symbols to apply only to single contraside orders, which will now be part A 

of Section I of the Fee Schedule. The 

Select Symbols currently listed on the 

Fee Schedule will remain the same.5

The Exchange is proposing to increase 

the Directed Participant and Specialist, 

ROT, SQT and RSQT Fee for Removing 

Liquidity to $0.33 per contract. 

Currently, Directed Participants are 

assessed a $0.30 per contract Fee for 

Removing Liquidity and Specialists, 

ROTs, SQTs and RSQTs are assessed a 

$0.32 per contract Fee for Removing 

Liquidity. 

The Exchange is also proposing to add 

separate Rebates and Fees for Adding 

and Removing Liquidity in Select 

Symbols for the electronically executed 

Complex Order 6 side of any transaction 

as a new part B of Section I of the Fee 

Schedule. The Exchange is proposing to 

pay a Rebate for Adding Liquidity and 

assess a Fee for Removing Liquidity, 

which would apply only to the Complex 

Order side of a transaction. For 

example, one component of a Complex 

Order is a buy order that trades with a 

‘‘simple’’ or non-Complex Order sell 

order, the sell order is subject to the fees 

in part A of Section I of the Fee 

Schedule and the buy order is subject to 

the fees in new part B of Section I of the 

Fee Schedule. 

The proposed fees are as follows: 

Customer Directed 

participant 

Specialist, 

ROT, SQT 

and RSQT 

Firm Brokerdealer Professional 

Rebate for Adding Liquidity ................................. $0.22 $0.25 $0.23 $0.10 $0.10 $0.20 

Fee for Removing Liquidity .................................. 0.25 0.25 0.27 0.27 0.35 0.27 

The Exchange also proposes to apply 

these fees above as follows: 

• Customer Complex Orders would 

receive the Rebate for Adding Liquidity 

when those orders are electronically 

executed against a [sic] 7 Customer 

contra-side order with the same 

Complex Order strategy. 

• Customer Complex Orders that are 

executed against a Customer contra-side 

order with the same Complex Order 

strategy would not be assessed the Fee 

for Removing Liquidity. 

• A Professional, Directed 

Participant, Firm, Broker-Dealer and 

Specialist, ROT, SQT and RSQT would 

be assessed the Fees for Removing 

Liquidity when those orders are 

executed against a contra-side order 

with the same Complex Order strategy. 

• A single contra-side order that is 

executed against the individual 

components of a Complex Order would 

be assessed the fees in Part A of this 

Section. 

• The individual components of a 

Complex Order would be assessed the 

fees in Part B of this Section. 

The following would continue to 

apply to the fees designated as Parts A 

and B: 

• The Monthly Cap on transaction 

fees that are currently applicable to 

ROTs and Specialists transacting equity 

options will not be applicable to the 

Select Symbols. 

• The Firm Related Equity Option 

Cap will not be applicable to the Select 

Symbols. 

• The Market Access Provider 

(‘‘MAP’’) Subsidy will not apply to 

electronic transactions in the Select 

Symbols. 

• Payment for Order Flow fees will 

not be collected on transactions in the 

Select Symbols. 

• The Options Floor Broker Subsidy 

will be applicable to qualifying 

transactions in the Select Symbols (see 

Options Floor Broker Subsidy Fees). 

• The Cancellation Fee will continue 

to apply to the Select Symbols. 

• Transactions in the Select Symbols 

executed via open outcry will be subject 

to the Equity Options Fees (see Equity 

Options Fees in Section II). However, if 

one side of the transaction is executed 

using the Options Floor Broker 

Management System and any other side 

of the trade was the result of an 

electronically submitted order or a 

quote, then these fees will apply to the 

FBMS contracts and contracts that are 

executed electronically on all sides of 

the transaction. 

The Exchange is removing the 

following language, which previously 

related to Complex Orders for fees in 

Section I: ‘‘Regular Equity Option 

transaction fees will apply to Complex 

Orders that are electronically executed 

against a contra-side order with the 

same Complex Order Strategy.’’ Also, 

the following language is proposed to be 

deleted: ‘‘Single contra-side orders that 

are executed against the individual 

components of Complex Orders will be 

charged according to the above fees. The 

individual components of such a 

Complex Order will be charged 

according to the above fees.’’ Because 

Complex Orders are now part B of this 

Fee Schedule, this language is no longer 

necessary. 

The Exchange is proposing to amend 

the application of the Rebates and Fees 

for Adding and Removing Liquidity in 

Select Symbols, Section I, to its opening 

and auction processes by adopting new 

part C. Currently, Section I does not 

apply to contracts executed during the 

Exchange’s opening process,8 except for 

the Firm and the Broker-Dealer Fee for 

Removing Liquidity. Also, currently, 

Customer, Professional, Directed 

Participant, and Specialist, ROT, SQT 

and RSQT Fees for Removing Liquidity 

do not apply to transactions resulting 

from electronic auctions.9 Firm and 

Broker-Dealer Fees for Removing 

Liquidity do apply to transactions 

resulting from electronic auctions. 

Customer, Professional, Directed 

Participant, and Specialist, ROT, SQT 

and RSQT Rebates for Adding Liquidity 

do not apply to transactions resulting 

from electronic auctions. 

The Exchange is proposing to amend 

the fees that apply to all electronic 

auctions, including the Exchange’s 

opening process. The Exchange 

proposes that a Customer would receive 

a Rebate for Adding Liquidity in an 

electronic auction and during the 

Exchange’s opening process, except 

when such Customer order is contra to 

another Customer order. A Customer 

would not be assessed a Fee for 

Removing Liquidity in an electronic 

auction and during the Exchange’s 

opening process. The Exchange also 

proposes that Professional, Directed 

mstockstill on DSKH9S0YB1PROD with NOTICES

63528 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 

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

11 15 U.S.C. 78f(b)(4). 

12See Securities Exchange Act Release No. 62805 

(August 31, 2010), 75 FR 54682 (September 8, 2010) 

(SR–ISE–2010–90). 

13See ISE’s Schedule of Fees. 14 15 U.S.C. 78s(b)(3)(A)(ii). 

15 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

Participant, Firm, Broker-Dealer and 

Specialist, ROT, SQT and RSQT Fees for 

Removing Liquidity would apply to 

transactions resulting from electronic 

auctions and the Exchange’s opening 

process. 

While changes to the Exchange’s Fee 

Schedule pursuant to this proposal are 

effective upon filing, the Exchange has 

designated this proposal to be effective 

for trades settling on or after October 1, 

2010. 

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its schedule of fees 

is consistent with Section 6(b) of the 

Act 10 in general, and furthers the 

objectives of Section 6(b)(4) of the Act 11

in particular, in that it is an equitable 

allocation of reasonable fees and other 

charges among Exchange members and 

other persons using its facilities. The 

Exchange’s proposal to assess separate 

fees for Complex and non-Complex 

Orders in Section I of its Fee Schedule 

is consistent with industry fees that 

allow for different rates to be charged 

for different order types originated by 

dissimilarly classified market 

participants.12 The Exchange believes 

that this amendment to the fees is both 

reasonable and equitable because the 

fees are within the range assessed other 

market participants and are similar to 

fees being assessed by the International 

Securities Exchange, LLC (‘‘ISE’’) for 

complex order executions.13

The Exchange proposes to pay a 

Rebate for Adding Liquidity to 

Customers when such transaction is 

contra to a non-Customer order during 

an electronic auction and opening 

processes. Similarly, the Exchange 

proposes to not assess a fee to a 

Customer during such processes. The 

Exchange also proposes to apply the Fee 

for Removing Liquidity to all nonCustomer market participants equally 

during electronic auction or opening 

processes. The Exchange believes that 

these proposals are both reasonable and 

equitable because they should 

incentivize Customer orders and attract 

additional order flow to the Exchange. 

Also, all other participants are equally 

assessed the applicable Fees for 

Removing Liquidity. 

The Exchange operates in a highly 

competitive market in which market 

participants can readily direct order 

flow to competing venues if they deem 

fee levels at a particular venue to be 

excessive. The Exchange believes that 

the fees it charges for options overlying 

the various Select Symbols remain 

competitive with fees charged by other 

venues and therefore continue to be 

reasonable and equitably allocated to 

those members that opt to direct orders 

to the Exchange rather than competing 

venues. 

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.14 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 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. If the Commission 

takes such action, the Commission shall 

institute proceedings to determine 

whether the proposed rule should be 

approved or 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 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–2010–129 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–Phlx–2010–129. 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–Phlx–2010– 

129 and should be submitted on or 

before November 5, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–25984 Filed 10–14–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63068; File No. SR–BYX– 

2010–001] 

Self-Regulatory Organizations; BATS 

Y–Exchange, Inc.; Notice of Filing of a 

Proposed Rule Change To Amend BYX 

Rule 11.8, Entitled ‘‘Obligations of 

Market Makers’’ 

October 8, 2010. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

mstockstill on DSKH9S0YB1PROD with NOTICES