21416 Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Notices 

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

2 17 CFR 240.19b–4. 

board of directors (including a majority 

of the directors who are not interested 

persons of the fund) finds to be not 

material. Accordingly, we estimate that 

annually there will be no transactions 

under rule 17d–1 that will result in this 

aspect of the collection of information. 

Based on these calculations, the total 

annual hour burden is estimated to be 

1,232 hours and the total annual cost 

burden is estimated to be $745,048. 

The estimate of average burden hours 

is made solely for the purposes of the 

Paperwork Reduction Act. The estimate 

is not derived from a comprehensive or 

even a representative survey or study of 

the costs of Commission rules. 

Complying with these collections of 

information requirements is necessary 

to obtain the benefit of relying on rule 

17d–1. Responses will not be kept 

confidential. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid control number. 

The public may view the background 

documentation for this information 

collection at the following Web site, 

http//www.reginfo.gov. Comments 

should be directed to: (i) Desk Officer 

for the Securities and Exchange 

Commission, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington, DC 20503, or by sending an 

e-mail to: 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Thomas Bayer, Chief Information 

Officer, Securities and Exchange 

Commission, c/o Remi Pavlik-Simon, 

6432 General Green Way, Alexandria, 

VA 22312 or send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

April 11, 2011. 

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–9189 Filed 4–14–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: U.S. Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 104; SEC File No. 270–411; OMB 

Control No. 3235–0465. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget 

(‘‘OMB’’) a request for approval of 

extension of the existing collection of 

information provided for in the 

following rule: Rule 104 of Regulation 

M (17 CFR 242.104). 

Rule 104 permits stabilizing by a 

distribution participant during a 

distribution so long as the distribution 

participant discloses information to the 

market and investors. This rule requires 

disclosure in offering materials of the 

potential stabilizing transactions and 

that the distribution participant inform 

the market when a stabilizing bid is 

made. It also requires the distribution 

participants (i.e. the syndicate manager) 

to maintain information regarding 

syndicate covering transactions and 

penalty bids. 

There are approximately 745 

respondents per year that require an 

aggregate total of 149 hours to comply 

with this rule. Each respondent makes 

an estimated 1 annual response. Each 

response takes approximately 0.20 

hours (12 minutes) to complete. Thus, 

the total compliance burden per year is 

149 burden hours. The total internal 

labor compliance cost for the 

respondents is approximately $9,983.00, 

resulting in an estimate of $13.40 (i.e., 

$9,983.00/745 responses) per response. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. Background 

documentation for this information 

collection may be viewed at the 

following link, http://www.reginfo.gov. 

Comments should be directed to (i) 

Desk Officer for the Securities and 

Exchange Commission, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Room 10102, New Executive Office 

Building, Washington, DC 20503 or by 

sending an e-mail to: 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Thomas Bayer, Chief Information 

Officer, Securities and Exchange 

Commission, c/o Remi Pavlik-Simon, 

6432 General Green Way, Alexandria, 

VA 22312 or send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted within 30 days of this 

notice. 

April 11, 2011. 

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–9188 Filed 4–14–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64292; File No. SR–ISE– 

2011–22] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Network Fees 

April 11, 2011. 

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 April 7, 

2011, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) filed with the Securities and 

Exchange Commission the proposed 

rule change, as described in Items I, II, 

and III 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The ISE is proposing to adopt fees for 

a 10 Gigabit network connection. 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 

The purpose of this proposed rule 

change is to amend the Exchange’s 

Schedule of Fees to adopt fees for a 10 

Gigabit (GB) network connection. The 

Exchange currently has a tiered 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Notices 21417 

3 15 U.S.C. 78f . 

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

5See Exchange Act Release Nos. 62639 (August 

4, 2010), 75 FR 48391 (August 10, 2010) (SR– 

PHLX–2010–89); 62969 (September 22, 2010), 75 

FR 59777 (September 28, 2010) (SR–BX–2010–064); 

and 62663 (August 9, 2010), 75 FR 49543 (August 

13, 2010) (SR–NASDAQ–2010–077). PHLX, BX and 

NASDAQ each charges $5,000 per month for a 10 

GB connection. 

6 15 U.S.C. 78s(b)(3)(A)(ii). 

structure for the Ethernet/Managed 

Service Provider fee charged to 

Members. The Ethernet/Managed 

Service Provider fee is a fee charged to 

ISE Members to access the ISE’s trading 

system via an Ethernet connection or via 

a third-party managed service provider. 

The Ethernet/Managed Service Provider 

connection carries the same information 

(such as quotation and trade 

information) as other forms of 

connection (such as T–1 and T–3 pointto-point connections). 

An Ethernet/Managed Service 

Provider connection enables users to 

acquire bandwidth in megabit 

increments. The Exchange currently 

charges Members $100 per month for a 

member’s purchase of up to 10 Megabits 

(MBs) of connection speed, $250 per 

month for the purchase of 11–100 MBs 

of connection speed and $500 per 

month for the purchase of 101 MBs— 

1 GB of connection speed. These fees 

are charged on a per connection basis. 

The Exchange is scheduled to launch 

an enhanced trading platform called 

Optimise on April 11, 2011. Upon 

transitioning to the Optimise trading 

platform, ISE will offer a new network 

connectivity option for Members. One of 

the many perceived advantages that the 

Optimise trading platform will offer is 

greatly improved capacity and 

throughput. To allow Members to 

maximize Optimise’s low latency, ISE 

will offer a connectivity option of 10 

GBs. ISE proposes to charge Members a 

fee of $4,000 per month for this 10 GB 

connection. ISE will retain the current 

Ethernet connectivity options that are 

available to Members today. 

Once Optimise is rolled out, and until 

the Exchange has fully transitioned from 

the current trading platform to the 

Optimise trading platform, market 

makers will be required to maintain 

connections to both trading systems. 

Therefore, ISE proposes to waive the 

new 10 GB fee for all members until the 

migration is entirely completed. The 

Exchange notes that the fees proposed 

herein are intended to cover and are 

reasonably related to ISE’s costs of 

rolling out and supporting the new 

service. 

The Exchange has designated this 

proposal to be operative on April 11, 

2011. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,3

in general, and with Section 6(b)(4) of 

the Act,4 in particular, in that it 

provides for the equitable allocation of 

reasonable dues, fees and other charges 

among Exchange members and other 

persons using its facilities. In particular, 

the proposed rule change will provide 

greater transparency into the 

connectivity options available to market 

participants. The proposed rule change 

treats similarly situated Members in the 

same manner by assessing the same fees 

to all Members based on their 

connectivity needs. The Exchange notes 

that the 10 GB connectivity option 

proposed herein is similar to that 

currently in place at other exchanges. 

For example, NASDAQ OMX PHLX, 

Inc. (‘‘PHLX’’), NASDAQ OMX BX, Inc. 

(‘‘BX’’) and the NASDAQ Stock Market 

LLC (‘‘NASDAQ’’) each offer a 10GB 

network connection option to their 

members, albeit at a higher cost than 

that proposed by ISE.5

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.6 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. 

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 

No. SR–ISE–2011–22 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–ISE–2011–22. 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. Copies of such filing 

also will be available for inspection and 

copying at the principal office of the 

ISE. 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–2011–22 and should be 

submitted by May 6, 2011. 


srobinson on DSKHWCL6B1PROD with NOTICES
21418 Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Notices 

7 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Cathy Ahn, 

Deputy Secretary. 

[FR Doc. 2011–9121 Filed 4–14–11; 8:45 am] 

BILLING CODE 8011–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Fiscal Year 2011 Allocation of 

Additional Tariff-Rate Quota Volume 

for Raw Cane Sugar and Reallocation 

of Unused Fiscal Year 2011 Tariff-Rate 

Quota Volume for Raw Cane Sugar 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

SUMMARY: The Office of the United 

States Trade Representative (USTR) is 

providing notice of country-by-country 

allocations of additional Fiscal Year 

(FY) 2011 in-quota quantity of the tariffrate quota (TRQ) for imported raw cane 

sugar and of country-by-country 

reallocations of the FY 2011 in-quota 

quantity of the tariff-rate quota for 

imported raw cane sugar. 

DATES: Effective Date: April 15, 2011. 

ADDRESSES: Inquiries may be mailed or 

delivered to Ann Heilman-Dahl, 

Director of Agricultural Affairs, Office of 

Agricultural Affairs, Office of the United 

States Trade Representative, 600 17th 

Street, NW., Washington, DC 20508. 

FOR FURTHER INFORMATION CONTACT: Ann 

Heilman-Dahl, Office of Agricultural 

Affairs, 202–395–6127. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Additional U.S. Note 5 to Chapter 17 

of the Harmonized Tariff Schedule of 

the United States (HTS), the United 

States maintains TRQs for imports of 

raw cane and refined sugar. 

Section 404(d)(3) of the Uruguay 

Round Agreements Act (19 U.S.C. 

3601(d)(3)) authorizes the President to 

allocate the in-quota quantity of a TRQ 

for any agricultural product among 

supplying countries or customs areas. 

The President delegated this authority 

to the United States Trade 

Representative under Presidential 

Proclamation 6763 (60 FR 1007). 

On April 11, 2011, The Secretary of 

Agriculture announced an additional inquota quantity of the TRQ for raw cane 

sugar for the remainder of FY 2011 

(ending September 30, 2011) in the 

amount of 294,835 metric tons, raw 

value (MTRV). This quantity is in 

addition to the minimum amount to 

which the United States has already 

committed to pursuant to the World 

Trade Organization (WTO) Uruguay 

Round Agreements (1,117,195 MTRV as 

announced by Federal Register notice 

on August 5, 2010). Finally, USTR has 

determined to reallocate 102,177 MTRV 

of the minimum amount of the original 

TRQ for raw cane sugar from countries 

that have stated they will be unable to 

fill previously allocated FY 2011 raw 

sugar TRQ quantities. USTR is 

allocating this total quantity of 397,012 

MTRV to the following countries in the 

amounts specified below: 

Country 

Combined FY 

2011 re-allocation 

and increase 

Argentina ........................ 21,395 

Australia .......................... 41,299 

Belize .............................. 5,474 

Bolivia ............................. 3,980 

Brazil ............................... 72,148 

Colombia ......................... 11,941 

Costa Rica ...................... 7,463 

Dominican Republic ........ 20,000 

Ecuador .......................... 5,474 

El Salvador ..................... 12,937 

Guatemala ...................... 23,884 

Guyana ........................... 5,971 

Honduras ........................ 5,000 

India ................................ 3,980 

Jamaica .......................... 5,000 

Malawi ............................. 4,976 

Mauritius ......................... 2,000 

Mozambique ................... 6,469 

Nicaragua ....................... 10,449 

Panama .......................... 14,430 

Peru ................................ 20,400 

Philippines ...................... 60,000 

South Africa .................... 11,444 

Swaziland ....................... 7,961 

Thailand .......................... 6,966 

Zimbabwe ....................... 5,971 

These allocations are based on the 

countries’ historical shipments to the 

United States. The allocations of the raw 

cane sugar TRQ to countries that are net 

importers of sugar are conditioned on 

receipt of the appropriate verifications 

of origin and certificates for quota 

eligibility must accompany imports 

from any country for which an 

allocation has been provided. 

Conversion factor: 1 metric ton = 

1.10231125 short tons. 

Ronald Kirk, 

United States Trade Representative. 

[FR Doc. 2011–9163 Filed 4–14–11; 8:45 am] 

BILLING CODE 3190–W1–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending April 2, 2011 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2011– 

0067. 

Date Filed: March 28, 2011. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: April 18, 2011. 

Description: Application of PrivaJet 

Ltd (‘‘PrivaJet’’) requesting an exemption 

and a foreign air carrier permit 

permitting PrivaJet to conduct charter 

foreign air transportation of persons, 

property, and mail to the full extent 

authorized by the Air Transport 

Agreement between the United States 

and the European Community and the 

Member States of the European 

Community (‘‘U.S.-E.U. Agreement’’). 

PrivaJet requests authority to the extent 

necessary for it to engage in: (i) Charter 

foreign air transportation of persons, 

property, and mail between any point or 

points behind any Member State of the 

European Union via any point or points 

in any Member State and via 

intermediate points to any point or 

point in the United States or beyond; 

(ii) charter foreign air transportation of 

persons, property, and mail between 

any point or points in the United States 

and any point or points in any Member 

of the European Common Aviation 

Area; (iii) other charters pursuant to the 

prior approval requirements; and (iv) 

transportation authorized by any 

additional route rights that may be made 

available to European Union carriers in 

the future. PrivaJet also requests an 

exemption to the extent necessary to 

enable it to provide the service 

described above pending issuance of 

PrivaJet’s foreign air carrier permit and 


srobinson on DSKHWCL6B1PROD with NOTICES