Emergency Approval Notice

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Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices
market participants from whom ISE
must attract order flow. These market
participants include broker-dealers that
control the handling of a large volume
of customer and proprietary order flow.
Given the portability of order flow from
one exchange to another, any exchange
that sought to charge unreasonably high
market data fees would risk alienating
many of the same customers on whose
orders it depends for competitive
survival.
Second, the Exchange is constrained
in pricing the ISE Order Feed by the
availability to market participants of
alternatives to purchasing ISE’s market
data offerings. ISE must consider the
extent to which market participants
would choose one or more alternatives
instead of purchasing the exchange’s
data. Other exchanges, including some
who may enjoy greater market share
than ISE, are potential competitors as
they too sell similar market data
offerings that market participants may
choose to purchase instead. For
example, NASDAQ OMX PHLX
(‘‘PHLX’’) has filed a proposed rule
change to adopt fees for a market data
product that includes a data feed that is
similar to the ISE Order Feed.13 The
PHLX’ Specialized Order Feed, which
PHLX has proposed to integrate into its
TOPO Plus Orders market data offering,
includes ‘‘real-time information to keep
track of single order book(s).’’ 14 Further,
the NetCoalition Order notes that one of
the principal market data reforms
adopted by the Commission was to
authorize the independent distribution
of data by broker/dealers. If one or more
broker/dealers determine that the cost of
subscribing to the ISE Order Feed is too
high, they are entitled to independently
distribute their own order data and may
do so with or without charging a fee.15
In the aftermath of the NetCoalition
Order, the Exchange believes that the
competition among exchanges for order
flow and the competition among
exchanges for market data products
subject ISE’s proposed market data
offerings to significant competitive
forces. In addition, the Exchange
believes that no substantial
countervailing basis exists to support a
finding that the proposed fees fail to
meet the requirement of the Act. In sum,
the availability of alternative sources of
information impose significant
competitive pressures on the ISE Order
Feed and ISE’s compelling need to
attract order flow impose significant
13 See Securities Exchange Act Release No. 61878
(April 8, 2010), 75 FR 20023 (April 16, 2010) (SR–
PHLX–2010–48).
14 Id.
15 NetCoalition Order at 63.

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competitive pressure on the Exchange to
act equitably, fairly, and reasonably in
setting its fees.
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
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(a) By order approve such proposed
rule change, or
(b) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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–ISE–2010–34 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–2010–34. This file
number should be included on the
subject line if e-mail is used. To help the

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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,16 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 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–ISE–2010–34 and should be
submitted on or before June 15, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–12506 Filed 5–24–10; 8:45 am]
BILLING CODE 8010–01–P

IV. Solicitation of Comments

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29383

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2010–0076]

Agency Request for Emergency
Approval of an Information Collection
AGENCY:

Office of the Secretary (OST),

DOT.
ACTION: Notice and request for
comments.
SUMMARY: The Department of
Transportation (DOT) provides notice
that it will submit an information
collection request (ICR) to the Office of
Management and Budget (OMB) for
emergency approval of a proposed
information collection under the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, 44 U.S.C. 3501 et seq.). Upon
16 The text of the proposed rule change is
available on the Commission’s Web site at http://
www.sec.gov/rules/sro.shtml.
17 17 CFR 200.30–3(a)(12).

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Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

receiving the requested six-month
emergency approval by OMB, OST will
follow the normal, 6 month PRA
procedures to obtain extended approval
for this proposed information collection.
This collection involves the National
Infrastructure Investments Grant
Program or ‘‘TIGER II Discretionary
Grants’’ pursuant to Title I of the
Transportation, Housing and Urban
Development, and Related Agencies
Appropriations Act for 2010 (Div. A of
the Consolidated Appropriations Act,
2010 (Pub. L. 111–117, Dec. 16, 2009))
(‘‘FY 2010 Appropriations Act’’). Title I
established a new program for OST to
provide Supplemental Discretionary
Grants for National Infrastructure
Investments. OST is referring to these
grants as TIGER II Discretionary Grants
which include promoting economic
recovery and supporting projects that
have a significant impact on the Nation,
Metropolitan area or a region.
The information to be collected is
necessary in order to receive and
evaluate applications for grant funds
pursuant to the FY 2010 Appropriations
Act.
The announcement of grant awards
may not be made before September 15,
2010, and OST anticipates awarding
grants as soon as possible thereafter.
Information related to this ICR,
including applicable supporting
documentation may be obtained by
contacting Robert Mariner, Office of the
Assistant Secretary for Transportation
Policy, at (202) 366–8914 or
Robert.Mariner@dot.gov.
DATES: Comments should be submitted
as soon as possible upon publication of
this notice in the Federal Register.
Comments and questions should be
directed to the Office of Information and
Regulatory Affairs (OIRA), Attn: OST
OMB Desk Officer, 725 17th Street,
NW., Washington, DC 20503. Comments
and questions about the ICR identified
below may be transmitted electronically
to OIRA at
oira_submissions@omb.eop.gov.

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SUPPLEMENTARY INFORMATION:

OMB Control Number: 2105–New.
Title: National Infrastructure
Investments.
Form Numbers: None.
Type of Review: Emergency
information collection request.
Expected Number of Respondents:
1,500.
Frequency: One time collection.
Estimated Average Burden per
Response: 100 hours.
Estimated Total Annual Burden:
150,000 hours.
Abstract: On December 16, 2009, the
President of the United States signed the

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Transportation, Housing and Urban
Development, and Related Agencies
Appropriations Act for 2010 (Div. A of
the Consolidated Appropriations Act,
2010 (Pub. L. 111–117, Dec. 16, 2009))
(‘‘FY 2010 Appropriations Act’’) which
appropriated $600 million to be
awarded for National Infrastructure
Investments or ‘‘TIGER II Discretionary
Grants.’’ Funds for the TIGER II
Discretionary Grant Program are to be
awarded on a competitive basis for
projects that will have a significant
impact on the Nation, Metropolitan area
or a region.
On April 26, 2010, the Department
published an interim notice announcing
the availability of funding for TIGER II
Discretionary Grants, project selection
criteria, pre-application requirements,
application requirements and the
deadline for submitting pre-applications
is no later than July 16, 2010, and final
applications no later than August 23,
2010. OST will begin accepting grant
applications on July 30, 2010 through
Grants.gov upon approval from OMB.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1:48.
Roy Kienitz,
Under Secretary for Transportation Policy.
[FR Doc. 2010–12513 Filed 5–24–10; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0143]

Motor Carrier Safety Advisory
Committee Public Meeting
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Motor Carrier Safety
Advisory Committee meeting.
SUMMARY: FMCSA announces that its
Motor Carrier Safety Advisory
Committee (MCSAC) will hold a threeday committee meeting concerning
distracted driving by commercial motor
vehicle (CMV) operators, from June 8
through June 10, 2010. This meeting is
open to the public.
DATES: Meeting dates: The meeting will
be held on the following dates: Tuesday,
June 8, from 8:30 a.m. to 5 p.m.;
Wednesday, June 9, from 8:30 a.m. to
4:30 p.m.; and Thursday, June 10, 2010,
from 8:30 a.m. to 3:30 p.m., Eastern
Standard Time.
Location: Hilton Alexandria Old
Town, Washington and Jefferson Rooms,
2nd Floor, 1767 King Street, Alexandria,

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VA 22314 (located across the street from
the King Street Metrorail Station).
Subject: FMCSA will request that
MCSAC provide information, concepts,
and ideas on ways to prevent distracted
driving by commercial motor vehicle
operators, with a particular emphasis on
in-cab technologies and activities. This
task will assist FMCSA in identifying
options for addressing driver distraction
associated with certain in-cab
technologies. This activity is separate
from FMCSA’s current rulemaking
concerning texting and the Agency’s
forthcoming rulemaking concerning the
use of wireless telephones. In addition,
FMCSA will seek information, and ideas
for consideration in updating the
Agency’s Strategic Plan.
FOR FURTHER INFORMATION CONTACT: Ms.
Shannon L. Watson, Senior
Management Analyst, Strategic Planning
and Program Evaluation Division, Office
of Policy Plans and Regulation, Federal
Motor Carrier Safety Administration,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 385–2395, or e-mail
mcsac@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 4144 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU)
(Pub. L. 109–59, 119 Stat. 1144, August
10, 2005) required the Secretary of
Transportation to establish a Motor
Carrier Safety Advisory Committee. The
committee provides advice and
recommendations to the FMCSA
Administrator on motor carrier safety
programs and regulations and operates
in accordance with the Federal
Advisory Committee Act (5 U.S.C. App
2).
II. Meeting Participation
Comments from the public will be
heard orally during the last hour of each
day’s meeting. To be assured of timely
consideration, interested parties may
submit written comments on the subject
topic by Wednesday, June 2, 2010, to
the Federal Docket Management System
(FDMS) in Docket Number FMCSA–
2010–0143 using any of the following
methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Room WI2–140, Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey

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