[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Page 29746]
[FR Doc No: 2017-13838]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0608]

Safety Zone; Fourth of July Fireworks Display, Tahoe City, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Fourth of
July Fireworks Display, Tahoe City, CA in the Captain of the Port, San
Francisco area of responsibility during the dates and times noted
below. This action is necessary to protect life and property of the
maritime public from the hazards associated with the fireworks display.
During the enforcement period, unauthorized persons or vessels are
prohibited from entering into, transiting through, or anchoring in the
safety zone, unless authorized by the Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 165.1191, Table 1, Item number 15,
will be enforced from 7 a.m. to 10:30 p.m. on July 4, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Lieutenant Junior Grade Christina Ramirez, Sector San
Francisco Waterways Safety Division, U.S. Coast Guard; telephone 415-
399-2001, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone
in navigable waters around and under the fireworks barge within a
radius of 100 feet during the loading, transit, and arrival of the
fireworks barge to the display location and until the start of the
fireworks display. From 7 a.m. until 10 a.m. on July 4, 2017, the
fireworks barge will be loading pyrotechnics at the Kings Beach Boat
Ramp, in Kings Beach, CA. From approximately 10 a.m. to noon on July 4,
2017, the loaded fireworks barge will transit from the Kings Beach Boat
Ramp to the launch site off of Commons Beach in Tahoe City, CA in
approximate position 39[deg]10'03'' N., 120[deg]08'09'' W. (NAD 83)
where it will remain until the commencement of the fireworks display.
Upon the commencement of the 20 minute fireworks display, scheduled to
begin at approximately 9:30 p.m. on July 4, 2017, the safety zone will
increase in size to encompass the navigable waters around and under the
fireworks barge within a radius 1,000 feet in approximate position
39[deg]10'03'' N., 120[deg]08'09'' W. (NAD 83) for the Fourth of July
Fireworks, Tahoe City, CA in 33 CFR 165.1191, Table 1, Item number 15.
This safety zone will be in effect from 7 a.m. until 10:30 p.m. on July
4, 2017. Under the provisions of 33 CFR 165.1191, unauthorized persons
or vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order or direction. The PATCOM is
empowered to forbid entry into and control the regulated area. The
PATCOM shall be designated by the Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of the safety zone and its enforcement period via the
Local Notice to Mariners. If the Captain of the Port determines that
the regulated area need not be enforced for the full duration stated in
this notice, a Broadcast Notice to Mariners may be used to grant
general permission to enter the regulated area.

    Dated: May 25, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2017-13838 Filed 6-29-17; 8:45 am]
BILLING CODE 9110-04-P


MEMORANDUM

TO:  Portland Cement NESHAP Docket

FROM:  Keith Barnett, US EPA

DATE:  January 14, 2011

SUBJECT:  List of Facilities that Have the Potential to Idle Until Market Conditions Improve

In the Regulatory Impact Analysis for the Portland Cement NESHAP EPA identified 10 domestic plants with negative operating profits and significant utilization changes that could temporarily idle until market demand conditions improve.  The actual plants on this list are shown below:

Plant No. Parent Company City State Kiln Type Year Built 1 California Portland Cement Colton CA 2 Dry 1962 2 Cemex Brooksville FL 1 preheater 1987 3 Suwannee American Cement Branford FL 1 precalciner 2003 4 Essroc Buckeystown (Frederick) MD 2 wet 1958 5 Buzzi Pryor OK 3 dry 1960, 1962, 1980 6 Lafarge Harleyville SC 1 precalciner 1988 7 Cemex Knoxville TN 1 precalciner 1978 8 Texas Industries New Braunfels TX 1 precalciner 1979 9 Buzzi Maryneal TX 3 preheater 1971 10 Holcim Midlothian TX 2 precalciner 1987, 2000

Thought we believe the analysis we did was appropriate based on the data available to us at that time, we realize there are limitations to this analysis.  For example:

   * The CEMEX, Brooksfield facility added a new precalciner kiln in 2008 that is reportedly already meeting the mercury limit without having use add on controls.  Because we would expect that the older kiln uses the same fuels and raw materials, this implies that the older kiln will also be able to meet the mercury emissions limit without add on controls.  Thus control costs for this facility are likely overstated in EPA's cost analysis.

   * The Suwannee American facility is relatively new, and thus it would be expected to be more efficient than older kilns which should mean its production costs would be expected to be low.  The control costs for this facility do not appear to be unusually high, so we are unsure why the economic model projects that this kiln would idle.

   * The Essroc, Buckeystown facility has reportedly already been shut down due to poor market conditions, though the shutdown had actually been planned for several years.

   * The Holcim, Midlothian, facility shows high costs because our analysis assumes a thermal oxidizer is required due to high current THC emissions levels.  However, this facility is a few miles from the TXI Midlothian facility.  The TXI Midlothian kiln already has a thermal oxidizer and appears to be competitive since it is still operating.


[Federal Register: December 20, 2010 (Volume 75, Number 243)]
[Notices]
[Page 79433-79435]
[DOCID:fr20de10-977]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63534; File No. SR-ISE-2010-114]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fees and Rebates for Adding and Removing Liquidity

December 13, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 1, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, and on December 13, 2010,
filed Amendment No. 1 to the proposed rule change, as described in
Items I and II below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The ISE is proposing to amend its transaction fees and rebates for
adding and removing liquidity. The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.com), at the
principal office of the Exchange, and at 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 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
    ISE proposes this Amendment No. 1 to SR-ISE-2010-114. The purpose
of this amendment is to make clarifying changes to Form 19b-4 and
Exhibit 1 of SR-ISE-2010-114. The Exchange currently assesses a per
contract transaction charge to market participants that add or remove
liquidity from the Exchange (``maker/taker fees'') in 100 options
classes (the ``Select Symbols'').\3\ The Exchange currently charges a
take fee of: (i) $0.25 per contract for Market Maker, Market Maker
Plus,\4\ Firm Proprietary and Customer (Professional) \5\ orders; (ii)
$0.35 per contract for Non-ISE Market Maker \6\ orders; (iii) $0.20 per
contract for Priority Customer \7\ orders for 100 or more contracts.
Priority Customer orders for less than 100 contracts are not assessed a
fee for removing liquidity.
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    \3\ Options classes subject to maker/taker fees are identified
by their ticker symbol on the Exchange's Schedule of Fees. See
Securities Exchange Act Release Nos. 61869 (April 7, 2010), 75 FR
19449 (April 14, 2010) (SR-ISE-2010-25), 62048 (May 6, 2010), 75 FR
26830 (May 12, 2010) (SR-ISE-2010-43), 62282 (June 11, 2010), 75 FR
34499 (June 17, 2010) (SR-ISE-2010-54), 62319 (June 17, 2010), 75 FR
36134 (June 24, 2010) (SR-ISE-2010-57), 62508 (July 15, 2010), 75 FR
42809 (July 22, 2010) (SR-ISE-2010-65), 62507 (July 15, 2010), 75 FR
42802 (July 22, 2010) (SR-ISE-2010-68), 62665 (August 9, 2010), 75
FR 50015 (August 16, 2010) (SR-ISE-2010-82) and 62805 (August 31,
2010), 75 FR 54682 (September 8, 2010) (SR-ISE-2010-90).
    \4\ A Market Maker Plus is a market maker who is on the National
Best Bid or National Best Offer 80% of the time for series trading
between $0.03 and $5.00 (for options whose underlying stock's
previous trading day's last sale price was less than or equal to
$100) and between $0.10 and $5.00 (for options whose underlying
stock's previous trading day's last sale price was greater than
$100) in premium in each of the front two expiration months and 80%
of the time for series trading between $0.03 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
less than or equal to $100) and between $0.10 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
greater than $100) in premium across all expiration months in order
to receive the rebate. The Exchange determines whether a market
maker qualifies as a Market Maker Plus at the end of each month by
looking back at each market maker's quoting statistics during that
month. If at the end of the month, a market maker meets the
Exchange's stated criteria, the Exchange rebates $0.10 per contract
for transactions executed by that market maker during that month.
The Exchange provides market makers a report on a daily basis with
quoting statistics so that market makers can determine whether or
not they are meeting the Exchange's stated criteria.
    \5\ A Customer (Professional) is a person who is not a broker/
dealer and is not a Priority Customer.
    \6\ A Non-ISE Market Maker, or Far Away Market Maker
(``FARMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended (``Exchange Act''),
registered in the same options class on another options exchange.
    \7\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a
person or entity that is not a broker/dealer in securities, and does
not place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s).
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    The Exchange recently increased the take fee to $0.40 per contract
for Market Maker, Market Maker Plus, Firm Proprietary, Customer
(Professional) and Non-ISE Market Maker interest that responds to
special orders.\8\ In SR-ISE-2010-106, the Exchange inadvertently
failed to extend the $0.40 per contract take fee for special order
responses to Priority Customer interest. To correct that oversight, the
Exchange now proposes to increase the take fee to $0.40 per contract
for Priority Customer interest that responds to special orders.\9\ A
special order is an order submitted for execution in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Block Order
Mechanism and Price Improvement Mechanism. A response to a special
order is any contra-side interest submitted after the commencement of
an auction in the Exchange's Facilitation Mechanism, Solicited Order
Mechanism, Block Order Mechanism and Price Improvement Mechanism.\10\
This proposed fee change will apply to Priority Customer interest,
regardless of size.\11\
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    \8\ See Securities Exchange Act Release No. 63283 (November 9,
2010), 75 FR 70059 (November 16, 2010) (SR-ISE-2010-106).
    \9\ The proposed fee for responses to special orders is similar
to fees currently in place at other options exchanges. ISE believes
the fee charged by NASDAQ OMX BOX, Inc. (``BOX'') is as high as
$0.50 per contract. See Securities Exchange Act Release No. 62632
(August 3, 2010), 75 FR 47869 (August 9, 2010) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To Amend the Fee
Schedule of the Boston Options Exchange Facility) (SR-BX-2010-049).
Additionally, NASDAQ OMX PHLX, Inc. (``PHLX'') charges a take fee
between $0.25 per contract and $0.45 per contract for responses to
the ``PIXL auction broadcast message.'' See PHLX Fee Schedule at
http://www.nasdaqtrader.com/content/marketregulation/membership/
phlx/feesched.pdf.
    \10\ Pre-existing Priority Customer interest that trades with
special orders in the Exchange's various auctions will continue to
be charged the fee noted in the Exchange's Schedule of Fees.
    \11\ The Exchange currently charges a fee for customers who
respond to special order broadcasts in non-maker/taker symbols
traded on the Exchange. See Securities Exchange Act Release No.
55060 (January 8, 2007), 72 FR 2050 (January 17, 2007) (SR-ISE-2006-
72).
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    As noted above, special order broadcasts are sent to Exchange
members when certain types of orders are entered in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Block Order
Mechanism and Price Improvement Mechanism. Customers who have access to
highly developed trading systems are able to quickly receive and
process substantial amounts of market-wide and ISE data, thereby
allowing them to selectively enter orders by responding to special
order broadcasts, much like a broker-dealer does. The advanced trading
systems utilized by these customers provide them with the ability to
rapidly respond to updates to the special order broadcasts and market-
wide data (such as changes to the NBBO and the underlying market) by
aggressively submitting orders within the 3 second exposure period.
    The Exchange thus proposes to charge the proposed fee of $0.40 per
contract to Priority Customer interest to put them on more equal
footing with other trading interest that currently pay for this
functionality.
    In addition, since the behavior of these customers is similar to
the behavior of an ISE member, ISE believes it is reasonable for the
Exchange to charge these customers the same fees as those charged to
ISE members.
    The Exchange has designated this proposal to be operative on
December 1, 2010.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(4) \12\ that an exchange have an
equitable allocation of reasonable dues, fees and other charges among
its members and other persons using its facilities. The impact of the
proposal upon the net fees paid by a particular market participant will
depend on a number of variables, most important of which will be its
propensity to add or remove liquidity in options overlying the Select
Symbols. The Exchange operates in a highly competitive market in which
market participants can readily direct order flow to another exchange
if they deem fee levels at a particular exchange to be excessive. The
Exchange believes that

the proposed fees are within the range assessed by other exchanges \13\
and therefore continue to be reasonable and equitably allocated to
those members that opt to direct orders to the Exchange rather than to
a competing exchange. The Exchange's maker/taker fees, which are
currently applicable to each market participant, will continue to apply
to the Select Symbols.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(4).
    \13\ See supra note 7.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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 such 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.
---------------------------------------------------------------------------

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

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<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-114 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-ISE-2010-114. 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 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 offices 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-ISE-2010-114, and should be submitted on or before
January 10, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31825 Filed 12-17-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Notices]
[Page 68237]
[FR Doc No: 2014-26966]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR15-2-000]

Noble Energy, Inc.; Notice of Request for Temporary Waiver

    Take notice that on October 30, 2014, pursuant to Rule 204 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.204 (2014), Noble Energy, Inc. filed a
petition requesting a temporary waiver of sections 6 and 20 of the
Interstate Commerce Act and parts 341 and 357 of the Commission's
regulations, all as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on November 17, 2014.

    Dated: November 6, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-26966 Filed 11-13-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 63037-63039]
[DOCID:fr22oc08-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58772; File No. SR-Phlx-2008-72]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto by
the NASDAQ OMX PHLX, Inc. Relating to a Surcharge Fee

October 10, 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 October 1, 2008, NASDAQ OMX PHLX, 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 Exchange. On
October 7, 2008, the Exchange filed Amendment No. 1 to the proposal.\3\
The Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 fixed typographical errors in the rule text
of the original filing that were not being changed in this proposed
rule change to match the current rule text.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, pursuant to section 19(b)(1) of the Act \4\ and Rule
19b-4 thereunder,\5\ proposes to assess a surcharge fee \6\ of $0.10
per contract side on firm/proprietary, firm/proprietary facilitation,
Registered Option Trader (on-floor), specialist, and broker/dealer
(AUTOM and non-AUTOM delivered) equity option transactions in the
following products: (1) Options on the one-tenth of the value of the
Nasdaq 100 Index (the ``Mini Nasdaq 100 Index'' or ``MNX''); (2)
options on the full value of the Nasdaq 100 Index \7\ (the ``Full-size
Nasdaq 100 Index'' or ``NDX''); (3) options on the Russell 2000[supreg]
Index (the ``Full Value Russell Index'' or ``RUT''), and (4) options on
the one-tenth value

Russell 2000[supreg] Index \8\ (the ``Reduced Value Russell Index'' or
``RMN'').\9\ A surcharge fee will not apply to customer
transactions.\10\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ The Exchange now proposes to refer to ``license fees'' as
``surcharge fees'' on its fee schedule.
    \7\ NASDAQ[supreg], NASDAQ-100[supreg] and NASDAQ-100
Index[supreg] are registered trademarks of The NASDAQ OMX Group,
Inc. (which with its affiliates are the ``Corporations'') and are
licensed for use by the NASDAQ OMX PHLX, Inc. in connection with the
trading of options products based on the NASDAQ-100 Index[supreg].
    \8\ Russell 2000[supreg] is a trademark and service mark of the
Frank Russell Company, used under license. Neither Frank Russell
Company's publication of the Russell Indexes nor its licensing of
its trademarks for use in connection with securities or other
financial products derived from a Russell Index in any way suggests
or implies a representation or opinion by Frank Russell Company as
to the attractiveness of investment in any securities or other
financial products based upon or derived from any Russell Index.
Frank Russell Company is not the issuer of any such securities or
other financial products and makes no express or implied warranties
of merchantability or fitness for any particular purpose with
respect to any Russell Index or any data included or reflected
therein, nor as to results to be obtained by any person or any
entity from the use of the Russell Index or any data included or
reflected therein.
    \9\ Currently, a $0.10 per contract side license fee is assessed
on MNX and NDX products and a $0.15 per contract side surcharge fee
is assessed on RUT and RMN products after the $60,000 ``Firm
Related'' Equity Option and Index Option Cap fee cap is reached.
(Equity option and index option ``firm'' transactions are comprised
of equity option firm/proprietary comparison transactions, equity
option firm/proprietary transactions, equity option firm/proprietary
facilitation transactions, index option firm (proprietary and
customer executions) comparison transactions, index option firm/
proprietary transactions and index option firm/proprietary
facilitation transaction charges (collectively ``firm-related
charges'')). See e.g. Securities Exchange Act Release Nos. 54981
(December 20, 2006), 71 FR 78251 (December 28, 2006); and 53287
(February 14, 2006), 71 FR 9186 (February 22, 2006).
    \10\ Currently the Exchange does not charge equity option
transaction charges for customer executions, but charges a $0.12 per
contract equity option transaction charge for customer executions in
MNX and NDX.
---------------------------------------------------------------------------

    The surcharge fees would be assessed on the applicable equity
option transactions, regardless of whether any fee caps relating to
comparison or transaction charges are imposed.
    The Exchange also proposes to credit equity option specialist units
any applicable surcharge fee that is assessed in connection with
customer orders that are delivered to the limit order book via Phlx XL
\11\ or via the Exchange's Options Floor Broker Management System
(``FBMS'') \12\ and subsequently executed via the Intermarket Option
Linkage \13\ as a Principal Acting as Agent (``P/A'') order.\14\
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    \11\ Phlx XL, formerly referred to as AUTOM, is the Exchange's
electronic trading platform. See Exchange Rule 1080.
    \12\ FBMS 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.
    \13\ Linkage 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 Securities and Exchange Commission (``SEC''). 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.
    \14\ A P/A order is an order for the principal account of a
specialist (or equivalent entity on another participant exchange
that is authorized to represent public customer orders), reflecting
the terms of a related unexecuted public customer order for which
the specialist is acting as agent. See Linkage Plan section 2(16)(a)
and Exchange Rule 1083.
---------------------------------------------------------------------------

    In addition, the Exchange proposes to delete certain license fees
from its 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 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 assessing a surcharge fee of $0.10 per contract side
as set forth in this proposal is to remain competitive \15\ and to help
offset the costs associated with the license fees that are incurred in
connection with the trading of the RUT, RMN, MNX and NDX products. Due
to competitive pressures in the industry, the Exchange proposes to
continue excluding equity option customer transactions from the
surcharge fee.
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    \15\ See e.g. Securities Exchange Act Release No. 57128 (January
10, 2008), 73 FR 2969 (January 16, 2008).
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    The surcharge fees would be assessed on the applicable equity
option transactions,\16\ regardless of whether any fee caps relating to
comparison or transaction charges are imposed.\17\ The MNX, NDX, RUT
and RMN surcharge fees that are assessed would not count towards the
calculation of the $60,000 ``Firm Related'' Equity Option and Index
Option cap. Additionally, consistent with current practice, the
proposed $0.10 per contract surcharge fees would not be subject to the
$1,000 daily or $25,000 monthly dividend, merger and short stock
interest strategies transaction caps, nor would they count towards
reaching the daily or monthly caps.\18\
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    \16\ Although they are index options, RUT, RMN, MNX and NDX are
assessed fees pursuant to the Exchange's equity option charges fee
schedule. See the Exchange's Summary of Equity Option, and MNX, NDX,
RUT and RMN Charges fee schedule and Securities Exchange Act Release
Nos. 58049 (June 27, 2008), 73 FR 38286 (July 3, 2008); and 55473
(March 14, 2007), 72 FR 13338 (March 21, 2007).
    \17\ For example, the surcharge fee of $0.10 per contract side
would be assessed on the MNX, NDX, RUT and RMN products, regardless
of whether: (1) The ROT (on-floor) and specialist 4.5 million
contract monthly cap; or (2) the 14,000 daily contract cap ROT
transaction and comparison charges and specialist transaction
charges when contra-party to non-AUTOM delivered customer orders is
reached. The surcharge fee of $0.10 per contract side would also be
assessed regardless of whether the $60,000 ``Firm Related'' Equity
Option and Index Option Cap fee is reached.
    \18\ As a result of this proposal, the reference to the $0.05
per contract side license fee for dividend strategies and short
stock interest strategies would be deleted as it is no longer
necessary because a $0.10 per contract side surcharge fee will apply
and appear separately on the fee schedule.
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    The purpose of providing a $0.10 per contract surcharge fee credit
to equity option specialist units is to help alleviate the potential
economic burden of the surcharge fee imposed on Exchange specialist
units in connection with routing Linkage charges, as described
above.\19\ The Exchange believes that it is appropriate to assist
specialist units in offsetting some of the costs that they incur in
routing orders to other options exchanges in order to obtain the
National Best Bid and Offer.
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    \19\ This is similar to an option transaction charge credit
given to specialist units in connection with Linkage orders. See
Securities Exchange Act Release No. 57434 (March 5, 2008), 73 FR
13269 (March 12, 2008).
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    Additionally, the Exchange is deleting the current license fee on
the KSX, KIX and HAI products because it no longer offers these
products for trading. Additionally, the Exchange is deleting the
current license fee on the BKX KRX, MFX products, which may, in turn,
help to promote trading in these products.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with section 6(b) of the Act \20\ in general, and
furthers the objectives of section 6(b)(4) of the Act \21\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. The

Exchange believes that it is equitable for members who trade these
products to pay the surcharge fee as the Exchange pays a license fee to
trade these products. Additionally, the Exchange, due to competitive
pressures in the industry, believes that it is equitable to continue to
exclude equity option customer transactions from the surcharge fee. The
Exchange also believes that it is equitable to provide a surcharge fee
credit to assist specialist units in offsetting some of the costs that
they incur in routing orders to other options exchanges in order to
obtain the National Best Bid and Offer.
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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(4).
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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 \22\ and paragraph (f)(2) of Rule 19b-4 \23\
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.\24\
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    \22\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \23\ 17 CFR 240.19b-4(f)(2).
    \24\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on October 7, 2008, the date on which Phlx submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
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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<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2008-72 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-2008-72. 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 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 Number SR-
Phlx-2008-72 and should be submitted on or before November 12, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-25030 Filed 10-21-08; 8:45 am]

BILLING CODE 8011-01-P