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Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices

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a new monthly ‘‘Enterprise Rate
Nonprofessional Subscriber Fee’’ that
would cap each Vendor’s combined
obligation for Nonprofessional
Subscriber Fees and Usage-based
Vendor Fees for Nonprofessional
Subscribers at $375,000 per month.
OPRA’s Nonprofessional Subscriber
Fee and Usage-based Vendor Fees were
established at their current levels
effective on January 1, 2000.6 OPRA has
not increased these fees since then in
large part because of the simplicity of
having the Nonprofessional Subscriber
Fee and the cap on Usage-based Vendor
Fees for receipt of OPRA data by a
Nonprofessional Subscriber each set at
$1.00. However, the effect over a period
of twelve years has been to increase the
ratio of OPRA’s Professional Device Fee
as compared to the Nonprofessional
Subscriber Fee. (For the year 2000,
OPRA’s weighted average Professional
Device Fee was approximately $12.55
per device; it is now $25.00/device.7)
OPRA believes that increasing its
Nonprofessional Subscriber Fee will
restore an appropriate balance between
its revenues derived from Professional
Subscriber Device-based Fees on the one
hand and Nonprofessional Subscriber
Fees and Usage-based Vendor Fees for
Nonprofessional Subscribers on the
other hand.
In response to input from the Vendor
community, OPRA is proposing to
introduce an ‘‘Enterprise Rate
Nonprofessional Subscriber Fee.’’ The
Enterprise Rate Nonprofessional
Subscriber Fee would limit the
maximum aggregate amount of
Nonprofessional Subscriber Fees and
Usage-based Vendor Fees with respect
to Nonprofessional Subscribers that any
Vendor would be required to pay with
Fees might be lower and could not be greater, due
to the administrative simplicity of doing so and the
fact that the cost on a per Subscriber basis of doing
so is very small.
6 See File No. SR–OPRA–99–02; Release No. 34–
42152 (November 17, 1999). In File No. SR–OPRA–
99–02, OPRA reduced the Nonprofessional
Subscriber Fee from $2.50 per Nonprofessional
Subscriber to the current $1.00 per Nonprofessional
Subscriber.
7 In the year 2000, OPRA had a sliding scale for
its Professional Subscriber Fees, with different rates
based on whether a Professional Subscriber was a
Member of one or more of the Exchanges that were
parties to the OPRA Plan and on the Professional
Subscriber’s number of devices; OPRA’s
Professional Subscriber Fees ranged from $10.50/
device for an Exchange Member with 750 or more
devices to $27.00/device for a non-Member with
nine or fewer devices. Over the course of several
years, OPRA made incremental changes in its
Professional Subscriber Fees to eliminate all
distinctions in these fees based on a Professional
Subscriber’s status as a member or nonmember of
an exchange that is a party to the OPRA Plan or on
the Subscriber’s total number of OPRA-enabled
devices. See File No. SR–OPRA–2004–01; Release
No. 34–49382 (February 25, 2004).

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respect to its Nonprofessional
Subscribers. The proposed Enterprise
Rate Nonprofessional Subscriber Fee is
$375,000 per month.
OPRA anticipates that these proposed
changes in its fees will result in an
increase in its revenues of
approximately $1,700,000 on an annual
basis at current usage rates.8 OPRA
believes that this increase will restore
the relationship of its fees for
Nonprofessional Subscribers to its fees
for Professional Subscribers and
represent an appropriate contribution to
covering the overall costs of OPRA and
its member exchanges to which these
fees may properly be applied.
The text of the proposed amendment
to the OPRA Plan is available at OPRA,
the Commission’s Public Reference
Room, http://opradata.com, and on the
Commission’s Web site at www.sec.gov.
II. Implementation of the OPRA Plan
Amendment
OPRA designated this amendment as
qualified to be put into effect upon
filing with the Commission in
accordance with clause (i) of paragraph
(b)(3) of Rule 608 under the Act.9 OPRA
intends to implement the amendment
on May 1, 2012.
The Commission may summarily
abrogate the amendment within sixty
days of its filing and require refiling and
approval of the amendment by
Commission order pursuant to Rule
608(b)(2) under the Act 10 if it appears
to the Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or the maintenance of fair and orderly
markets, to remove impediments to, and
perfect the mechanisms of, a national
market system, or otherwise in
furtherance of the purposes of the Act.
III. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed OPRA
Plan amendment is consistent with the
Act. Comments may be submitted by
any of the following methods:
• Use the Commission’s Internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
8 This

projection is approximate for several
reasons, among them that the fee increase may
cause some Vendors to review their lists of
Nonprofessional Subscribers for inactive accounts
and may cause some Vendors to begin paying
Usage-based Vendor fees rather than
Nonprofessional Subscriber Fees.
9 17 CFR 242.608(b)(3)(i).
10 17 CFR 242.608(b)(2).

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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–OPRA–2012–02. This file
number should be included on the
subject line if email 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 plan
amendment that are filed with the
Commission, and all written
communications relating to the
proposed plan amendment 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 OPRA.
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–OPRA–2012–02 and should
be submitted on or before April 6, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–6388 Filed 3–15–12; 8:45 am]
BILLING CODE 8011–01–P

Electronic Comments

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• Send an email to [email protected]. Please include File
No. SR–OPRA–2012–02 on the subject
line.

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SMALL BUSINESS ADMINISTRATION
Notice Seeking Exemption Under
Section 312 of the Small Business
Investment Act, Conflicts of Interest
Notice is hereby given that
LongueVue Capital Partners II, L.P.
(‘‘Applicant’’), 111 Veterans Blvd., Suite
11 17

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CFR 200.30–3(a)(29).

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Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices
1020, Metairie, LA 70005, an SBIC
Applicant 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). LongueVue Capital Partners II,
LP proposes to provide debt financing to
Blue Dot Energy Services, LLC (‘‘Blue
Dot’’ or the ‘‘company’’). Blue Dot is
located at Route 76 East, Bridgeport, WV
26330.
A conflict of interest exemption is
required because the Blue Dot
investment is considered financing of an
Associate under 13 CFR 107.730(a).
Blue Dot is an Associate of the
Applicant because Associate of
Applicant, LongueVue Capital I
(‘‘LVCI’’), has a greater than 10 percent
fully diluted investment in Blue Dot
prior to Applicant’s initial investment.
Notice is hereby given that any
interested person may submit written
comments on the transaction to the
Associate Administrator for Investment,
U.S. Small Business Administration,
409 Third Street SW., Washington, DC
20416.

DATES:

Dated: March 12, 2012.
Sean Greene,
Associate Administrator for Investment.

SBA is revising the routine uses
provisions of its Privacy Act Systems of
Records, Loan System, SBA 21 (‘‘SOR
21’’) to add three new uses, designated
as paragraphs l, m, and n, to include
Loan Agent review processes and
additional regulatory processes. The
processes include, but are not limited
to, the Agency’s new processes for: (i)
Compiling and reviewing loan agent
data, (ii) disclosing to GSA loan agent
enforcement actions and exclusions
under 13 CFR part 103 for purposes of
publication in GSA’s Excluded Parties
List System, and (iii) disclosing to
others (e.g., regulators) SBA supervisory
information for regulatory purposes. In
addition, SBA is amending SOR 21 to
update the SOR 21 System Location and
Managers, and Categories of Individuals
and Records, to provide a definition for
loan agents, and amending routine use
lettered ‘‘d’’ regarding disclosure to law
enforcement, professional and
procurement organizations.

[FR Doc. 2012–6464 Filed 3–15–12; 8:45 am]
BILLING CODE P

SMALL BUSINESS ADMINISTRATION
Privacy Act of 1974: Revision of
Privacy Act System of Records
AGENCY:

Small Business Administration

(SBA).
Notice of Revision of Privacy
Act Systems of Records.

ACTION:

SBA is revising the Privacy
Act Systems of Records for the Loan
System, SBA 21 (‘‘SOR 21’’) and the
Suspension and Debarment Files, SBA
36 (‘‘SOR 36’’), to add new and revised
routine uses, to expand the categories of
covered individuals and categories of
records, and to update the systems’
managers and the systems’ locations.
SBA is also updating Appendix A to the
Agency’s Systems of Records to reflect
recent office relocations. This notice is
in accordance with the Privacy Act
requirement that agencies publish their
amended Systems of Records in the
Federal Register when there is a
revision, change or addition to the
systems.

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SUMMARY:

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Written comments on the
revisions to the SBA’s SOR 21 and SOR
36 Systems of Records are due April 16,
2012. The changes to these Systems of
Records are effective without further
notice on April 30, 2012 unless
comments are received that result in
further revision. Based on SBA’s review
of comments received, if any, SBA will
publish a notice if it determines to make
changes to the system notices.
ADDRESSES: Written comments on the
revisions to the SBA’s SOR 21 and SOR
36 Systems of Records should be
directed to Ingrid Ripley, Program
Analyst U. S. Small Business
Administration, 409 3rd Street, SW.,
Washington, DC 20416. When
submitting comments please identify
whether comments are related to SOR
21 or SOR 36.
FOR FURTHER INFORMATION CONTACT:
Ingrid Ripley, Program Analyst, (202)
205–7538.
SUPPLEMENTARY INFORMATION: SBA is
amending its Privacy Act System of
Records Notice, which was previously
published at 74 FR 14890 (April 1,
2009), to amend System 21 (Loan
System), System 36 (Suspension and
Debarment Files), and Appendix A.
System 21—Loan System.

SBA System 36—Suspension and
Debarment Files.
SBA is amending the System of
Records for Suspension and Debarment
Files, SBA 36, (‘‘SOR 36’’), to add a new
routine use and to update the System
Location, System Manager, Categories of
Individuals and Categories of Records
provisions.

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SBA is also amending the routine uses
provisions in SOR 36 in order to meet
the requirements of Executive Order
12549 and other applicable law. This
amendment will allow SBA to transfer
certain parties’ identifying information
to GSA for publication on the Excluded
Parties List System (the ‘‘EPLS’’). The
parties whose identifying information
will be subject to disclosure to the EPLS
are those that have been suspended or
debarred from participating in SBA
programs, that have agreed to exclusion
from participation, or that have been
declared ineligible, under 2 CFR Parts
180 and 2700 or other applicable law, or
that have been the subject of
enforcement actions under Part 103
(other than Loan Agents in SBA
Business Loan Programs, which are
covered by SOR 21).
SOR 36 currently consists of materials
compiled from investigations and/or
audits which identify violations which
may be cause for suspension or
debarment pursuant to the Federal
Acquisition Regulations or the
government-wide non-procurement
suspension and debarment regulations.
These materials include indictments,
information, plea agreements,
judgments, loan agreements, contract
documents, etc., that pertain to a party’s
participation in government contracts,
SBA loan programs, and other SBA
assistance. Through the EPLS,
government agencies and the public can
search and ascertain the SBA
enforcement or exclusion status of those
parties. These searches may be
performed, for example, for purposes of
determining government contract
eligibility. Finally, SBA is amending
SOR 36 to expand the System Location
to include all of SBA Headquarters, and
the System Manager section to include
Headquarters Suspension and
Debarment officials, is revising the
Categories of Records and Categories of
Individuals sections, and is amending
routine use lettered ‘‘a’’ regarding
disclosure to law enforcement,
professional and procurement
organizations.
Appendix A
Finally, SBA is amending Appendix
A to update the addresses of various
offices that have been relocated or to
remove addresses for those offices that
have closed since the list was last
published.
Appendix A
Headquarters
409 Third St., SW., Washington, DC
20416.

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