Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Notices 9397 

11 15 U.S.C. 78s(b)(3)(A)(iii). 

12 17 CFR 240.19b–4(f)(6). 

13 15 U.S.C. 78s(b)(3)(A). 

14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s intent 

to file the proposed rule change, along with a brief 

description and text of the proposed rule change, 

at least five business days prior to the date of filing 

of the proposed rule change, or such shorter time 

as designated by the Commission. The Exchange 

has satisfied this requirement. 

15The text of the proposed rule change is 

available on the Commission’s Web site at http:// 

www.sec.gov. 

16 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Nasdaq does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 11 and Rule 

19b–4(f)(6) thereunder.12 Because the 

proposed rule change does not: (i) 

Significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 13 and Rule 19b–4(f)(6) 

thereunder.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. 

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–NASDAQ–2011–023 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–NASDAQ–2011–023. 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 the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange.15 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– 

NASDAQ–2011–023 and should be 

submitted on or before March 10, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–3584 Filed 2–16–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63900; File No. SR– 

NASDAQ–2011–026] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Offer 

Additional Routing Option 

February 14, 2011. 

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 February 

10, 2011, The NASDAQ Stock Market 

LLC (‘‘NASDAQ’’ or 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 Exchange. 

NASDAQ has designated the proposed 

rule change as constituting a rule 

change under Rule 19b–4(f)(6) under the 

Act,3 which renders the proposal 

effective upon filing with the 

Commission. 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 is filing this proposed 

rule change to offer an additional 

routing option. NASDAQ proposes to 

implement the proposed rule change on 

February 22, 2011 or as soon thereafter 

as practicable. The text of the proposed 

rule change is available at http:// 

nasdaq.cchwallstreet.com/, at 

NASDAQ’s principal office, 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 

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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
9398 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Notices 

4 17 CFR 242.611. 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(5). 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(4). 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change at least five business days 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. NASDAQ has satisfied this 

requirement. 

11 17 CFR 240.19b–4(f)(6). 

12 17 CFR 240.19b–4(f)(6). 

13For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

NASDAQ is amending Rule 4758, 

which describes its order routing 

processes, to add the new CART routing 

option. Under this routing option, the 

use of which is wholly voluntary, a 

market participant may specify that an 

order will route to NASDAQ OMX BX 

(‘‘BX’’) and NASDAQ OMX PSX (‘‘PSX’’) 

and then check the NASDAQ book, with 

any unexecuted shares posting to the 

NASDAQ book or cancelling, depending 

on the time-in-force of the order. Shares 

posted to the NASDAQ book are not 

routed out again. CART, like of all of 

NASDAQ’s routing strategies, is 

designed to comply with the SEC Rule 

611 and the other provisions of 

Regulation NMS.4

The rule change also introduces fees 

for the CART strategy. With respect to 

orders executed in BX or PSX, NASDAQ 

will pass along the applicable fee or 

rebate. In the case of BX, this means that 

NASDAQ passes through the $0.0014 

per share executed credit paid by BX to 

market participants when accessing 

liquidity, and in the case of PSX, 

NASDAQ passes through the fee of 

$0.0025 per share executed charged by 

PSX to market participants when 

accessing liquidity. CART orders that 

access liquidity at NASDAQ will pay 

the standard NASDAQ take rate of 

$0.0030 per share executed, and CART 

orders that provide liquidity after 

posting to the NASDAQ book will 

receive the rebate for which the market 

participant otherwise qualifies under 

NASDAQ’s fee schedule. 

2. Statutory Basis 

NASDAQ believes that the proposed 

rule change is consistent with the 

provisions of Section 6 of the Act,5 in 

general, and with Sections 6(b)(5) of the 

Act,6 in particular, in that the proposal 

is designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

regulating, clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest. The Exchange believes 

that the proposed routing option will 

accomplish those ends by providing 

market participants with an additional 

voluntary routing option that will 

enable them easily to access liquidity 

available on all of the national securities 

exchanges operated by The NASDAQ 

OMX Group. NASDAQ expects the 

routing strategy will benefit firms that 

do not employ high-frequency trading 

strategies under which the firm itself 

would rapidly access liquidity provided 

on the multiple venues. 

The rule change is also consistent 

with Section 6 of the Act,7 in general, 

and with Sections 6(b)(4) of the Act,8 in 

particular, in that it provides for the 

equitable allocation of reasonable dues, 

fees and other charges among members 

and issuers and other persons using any 

facility or system which NASDAQ 

operates or controls. The fees assessed 

for CART for routing to BX and PSX are 

the same as the fees and rebates that are 

charged and offered to NASDAQ by 

these exchanges, and the fees associated 

with accessing or providing liquidity on 

NASDAQ through the strategy are the 

same as the fees and rebates applicable 

to orders that access NASDAQ without 

using the strategy. Use of the routing 

option is voluntary. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

NASDAQ does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

NASDAQ provides routing services in a 

highly competitive market in which 

participants may avail themselves of a 

wide variety of routing options offered 

by self-regulatory organizations, 

alternative trading systems, other 

broker-dealers, market participants’ own 

proprietary routing systems, and service 

bureaus. In such an environment, 

system enhancements such as the 

changes proposed in this rule filing do 

not burden competition, because they 

can succeed in attracting order flow to 

NASDAQ only if they offer investors 

higher quality and better value than 

services offered by others. Encouraging 

competitors to provide higher quality 

and better value is the essence of a wellfunctioning competitive marketplace. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 9 and Rule 19b– 

4(f)(6) thereunder.10

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 11 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6) 12

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. NASDAQ requests that 

the Commission waive the 30-day 

operative delay because it currently has 

the technological changes ready to 

support the proposed rule change, and 

believes that the benefits of greater 

flexibility that are expected from the 

rule change should not be delayed. The 

Commission believes that accelerating 

the 30-day operative delay 13 is 

consistent with the protection of 

investors and the public interest and 

designates the proposal operative upon 

filing. 

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. 

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: 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Notices 9399 

14The text of the proposed rule change is 

available on the Commission’s Web site at http:// 

www.sec.gov/rules/sro.shtml. 

15 17 CFR 200.30–3(a)(12). 

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–NASDAQ–2011–026 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–NASDAQ–2011–026. 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,14 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 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 

publicly available. All submissions 

should refer to File Number SR– 

NASDAQ–2011–026 and should be 

submitted on or before March 10, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–3645 Filed 2–16–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7321] 

Department of State FY10 Service 

Contract Inventory 

AGENCY: Department of State. 

ACTION: Notice of the release of the 

Department of State FY10 Service 

Contract Inventory. 

SUMMARY: The Department of State has 

publically released its Service Contract 

Inventory for FY10. Section 743 of 

Division C of the FY 2010 Consolidated 

Appropriations Act, Public Law 111– 

117, requires Department of State, and 

other civilian agencies, to submit an 

annual inventory of service contracts. A 

service contract inventory is a tool for 

assisting an agency in better 

understanding how contracted services 

are being used to support mission and 

operation, and whether the contractors’ 

skills are being utilized in an 

appropriate manner. The Department 

followed OMB guidance, provided by 

memorandum titled ‘Service Contract 

Inventories’, to prepare the inventory. 

DATES: The inventory is available on the 

Department’s Web site as of Jan 31, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Jason Passaro, Director, A/CSM, 703– 

875–5114, passaroja@state.gov. 

Dated: February 3, 2011. 

Jason Passaro, 

Director, A/CSM, Department of State. 

[FR Doc. 2011–3615 Filed 2–16–11; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF TRANSPORTATION 

ITS Joint Program Office; Pre-Proposal 

Safety Pilot Joint Bidders Conference; 

Notice of Public Meeting 

AGENCY: Research and Innovative 

Technology Administration, U.S. 

Department of Transportation. 

ACTION: Notice. 

The U.S. Department of 

Transportation ITS Joint Program Office 

(ITS JPO) is conducting a Pre-proposal 

Conference (‘‘Safety Pilot Joint Bidders 

Conference’’) on February 22, 2011 from 

8:30 a.m. to 4:30 p.m. at the University 

of California—UC Washington Center, 

1608 Rhode Island Avenue, NW., 

Washington, DC 20036. The conference 

is for interested parties to learn about 

and ask questions regarding the three 

current US DOT procurements/ 

solicitations listed below in support of 

the Safety Pilot Program. US DOT 

officials will present and discuss the 

procurement process and requirements 

for each of the three planned 

procurements, as well as answer 

relevant questions from interested 

parties. 

• Safety Pilot Test Conductor— 

Request for Proposals (RFP) DTFH61– 

11–R–00006 available at http://

www.FedBizOpps.gov. 

• Aftermarket Safety Devices— 

Request for Applications (RFA) 

DTFH61–11–RA–00003 available at 

http://www.Grants.gov. 

• Roadside Equipment—Request for 

Quotations (RFQ) DTFH61–11–Q–00012 

available at http:// 

www.FedBizOpps.gov. 

The Safety Pilot is intended to 

establish a real world model 

deployment test site for enabling 

wireless communications among 

vehicles and with roadside equipment 

for use in generating data to enable 

driver safety warning systems. The 

deployment site will encompass 

vehicles of various types that include a 

mix of integrated, retrofit, and 

aftermarket vehicle safety systems. The 

model deployment data generated will 

be used for establishing safety benefits 

in support of future policy decisions by 

US DOT, as well as for use by the 

broader industry in developing 

additional connected vehicle 

applications. 

Interested parties are invited to attend 

in person or participate by webinar. For 

additional information including 

registration, please contact Adam Hopps 

(ahopps@itsa.org) or use the following 

link: http://www.itsa.org/itsa/files/

safety_pilot_bidders_conference_

registration.doc. 

Issued in Washington, DC, on the 11th day 

of February 2011. 

John Augustine, 

Managing Director, ITS Joint Program Office. 

[FR Doc. 2011–3604 Filed 2–16–11; 8:45 am] 

BILLING CODE 4910–HY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Agency Information Collection 

Activities: Requests for Comments; 

Clearance of Renewed Approval of 

Information Collection: Aviation 

Medical Examiner Program 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, FAA 

invites public comments about our 


jlentini on DSKJ8SOYB1PROD with NOTICES