Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 68661 

4 15 U.S.C. 78f. 

5 15 U.S.C. 78f(b)(4). 

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

7 17 CFR 19b–4(f)(2). 

8The text of the proposed rule change is available 

on the Exchange’s Web site at http:// 

www.directedge.com, on the Commission’s Web site 

at http://www.sec.gov, at EDGX, and at the 

Commission’s Public Reference Room. 

9 17 CFR 200.30–3(a)(12). 

($ 0.0032 per share) has the most 

stringent criteria, and is $0.0001 greater 

than the Ultra Tier rebate ($0.0031 per 

share) and $0.0002 greater than the 

Super Tier rebate. ($0.0030 per share) 

For example, based on average TCV for 

September 2010 (7.2 billion), in order 

for a Member to qualify for the Mega 

Tier, the Member would have to post 54 

million shares on EDGX. In order to 

qualify for the Ultra Tier, which has less 

stringent criteria than the Mega Tier, the 

Member would have to post 36 million 

shares on EDGX. Finally, the Super Tier 

has the least stringent criteria. In order 

for a Member to qualify for this rebate, 

the Member would have to post 10 

million shares on EDGX. In addition, 

these rebates also result, in part, from 

lower administrative costs associated 

with higher volume. 

In addition, conforming amendments 

have been made to place references to 

footnote ‘‘1’’ on Flags N, W, and 6 since 

this amendment qualifies these flags by 

proposing an exception to the $0.0030 

per share charge for each flag. A 

reference to footnote 1 has also been 

placed on the $0.0030 per share default 

rate for removing liquidity at the table 

on the top of the fee schedule to signify 

this exception. 

EDGX Exchange proposes to 

implement these amendments to the 

Exchange fee schedule on November 1, 

2010. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 of the Act,4

in general, and furthers the objectives of 

Section 6(b)(4),5 in particular, as it is 

designed to provide for the equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using its facilities. The 

Exchange notes that it operates in a 

highly competitive market in which 

market participants can readily direct 

order flow to competing venues if they 

deem fee levels at a particular venue to 

be excessive. The proposed rule change 

reflects a competitive pricing structure 

designed to incent market participants 

to direct their order flow to the 

Exchange. Finally, the Exchange 

believes that the proposed rates are 

equitable in that they apply uniformly 

to all Members. The Exchange believes 

the fees and credits remain competitive 

with those charged by other venues and 

therefore continue to be reasonable and 

equitably allocated to Members. 

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) of 

the Act 6 and Rule 19b–4(f)(2) 7

thereunder. 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. 

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–EDGX–2010–16 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–EDGX–2010–16. 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,8 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 

available publicly. All submissions 

should refer to File Number SR–EDGX– 

2010–16 and should be submitted on or 

before November 29, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–28181 Filed 11–5–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2010 0097] 

Buy America Waiver Notification 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice and Request for 

Comments. 

SUMMARY: This notice provides 

information regarding the Maritime 

Administration’s (MarAd) finding that a 

Buy American waiver, stated in 23 

U.S.C. 313, is appropriate for the 

purchase of foreign Mobile Harbor 

Cranes in the Federal-aid/American 

Recovery and Reinvestment Act of 2009 

(ARRA) for the Port of Searsport, Port of 

Stockton, Port of West Sacramento and 

the Port of Davisville via the Quonset 


jlentini on DSKJ8SOYB1PROD with NOTICES
68662 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 

Development Corporation. The waivers 

for each of these projects involve 

specific items that are not produced in 

the United States and deemed necessary 

for the construction of the project. 

MarAd has reached out to the steel 

industry and solicited public comments 

on the domestic availability of these 

items. No domestic manufacturers have 

been located. 

DATES: The effective date of the waiver 

is November 9, 2010. Comments may be 

submitted up to 15 days after 

publication. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Shuler Jr., Office of 

Infrastructure Development and 

Congestion Mitigation, Maritime 

Administration, MAR–510, 1200 New 

Jersey Ave., SE., Washington, DC 20590. 

Telephone: (202) 366–6639, or via email at Anthony.L.Shuler@dot.gov. For 

legal questions, you may contact Murray 

Bloom, Chief, Division of Maritime 

Programs, Office of the Chief Counsel, 

Maritime Administration, MAR–222, 

1200 New Jersey Ave., SE., Washington, 

DC 20590. Telephone: (202) 366–5320, 

or via e-mail at Murray.Bloom@dot.gov. 

Office hours are from 8:30 a.m. to 5 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov/federal-register/ and 

at http://www.regulations.gov. 

Background 

Congress has enacted a Buy American 

provision which requires manufactured 

goods permanently incorporated into a 

project funded with Federal-aid funds to 

be produced in the United States. The 

application of Buy American is triggered 

by the obligation of Federal funds to a 

project. Once Federal-aid funds are 

obligated to a project, then all steel and 

iron incorporated into the project must 

be produced in the United States. The 

specific statutory requirement reads as 

follows: 

Notwithstanding any other provision of 

law, the Secretary of Transportation shall not 

obligate any funds authorized to be 

appropriated to carry out the Surface 

Transportation Assistance Act of 1982 (Pub. 

L. 97–424) or this title and administered by 

the Department of Transportation, unless 

steel, iron, and manufactured products used 

in such project are produced in the United 

States. 

23 U.S.C. 313(a) 

Under 23 U.S.C. 313(b), the Secretary 

may waive the Buy American 

requirements for specific products on a 

Federal-aid construction project when, 

Buy American is inconsistent with the 

public interest; such materials and 

products are not produced in the United 

States in sufficient and reasonably 

available quantities and of satisfactory 

quality; or inclusion of domestic 

material will increase the cost of the 

overall project contract by more than 25 

percent. 

The waiver process is initiated by a 

requesting organization when it believes 

that a waiver is Warranted pursuant to 

any of the three waiver provisions under 

23 U.S.C. 313(b). Pursuant to Division 

A, Section 123 of the Consolidated 

Appropriations Act, 2010 (Pub. L. 111– 

117), MarAd is required to provide an 

informal public notice and comment 

opportunity for a period of 15 days for 

all waiver requests. MarAd complied 

with this informal public notice and 

comment requirement through the 

establishment of a dedicated Web site 

for Buy America waiver requests. The 

Web site MarAd established for this 

purpose is located at the following 

address: http://www.marad.dot.gov. The 

waiver notification postings solicited 

public comments on the intent to issue 

a waiver for a 15-day period, and all 

comments received within the 15 day 

comment period were evaluated and 

potential domestic sources were 

verified. During the 15-day comment 

period, MarAd conducted additional 

nationwide reviews by coordinating the 

waiver requests with appropriate 

industry associations and other 

potential domestic manufacturers. 

Following this comment period, and 

after MarAd’s evaluation of the 

comments and coordination with the 

industry associations and potential 

manufacturers, MarAd developed 

findings and justifications for the waiver 

and publishes this decision in the 

Federal Register. MarAd’s publication 

of its Buy American decision is required 

pursuant to the Buy American Act, 2 

CFR 176.80(b)(2). The specific statutory 

requirement reads as follows: 

The head of the Federal department or 

agency shall publish a notice in the Federal 

Register within two weeks after the 

determination is made, unless the item has 

already been determined to be domestically 

non-available. A list of items that are not 

domestically available is at 48 CFR 25.104(a). 

The Federal Register notice or information 

from the notice may be posted by OMB to 

Recovery.gov. The notice shall include — (i) 

The title ‘‘Buy American Exception under the 

American Recovery and Reinvestment Act of 

2009’’; (ii) The dollar value and brief 

description of the project; and (iii) A detailed 

written justification as to why the restriction 

is being waived. 

2 CFR 176.80(b)(2) 

Upon publication of this Federal 

Register notice, the public is afforded an 

opportunity to submit additional 

comments on this finding to MarAd’s 

Web site for 15 days following the 

effective date of the finding. 

Authority: 2 CFR 176.80(b)(2), 48 CFR 

25.104(a). 

Dated: November 2, 2010. 

By Order of the Maritime Administrator 

Murray Bloom, 

Acting Secretary, Maritime Administration. 

[FR Doc. 2010–28143 Filed 11–5–10; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: St. 

Louis County, MO 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Intent. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that an 

environmental impact statement (EIS) 

will be prepared for a proposed highway 

project generally from the vicinity of 

Laclede Station Road and Hanley Road 

southeastward to River Des Peres 

Boulevard and Lansdowne Avenue in 

St. Louis County, Missouri. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Peggy J. Casey, Program Development 

Team Leader, FHWA Division Office, 

3220 West Edgewood, Suite H, Jefferson 

City, MO 65109, Telephone: (573) 636– 

7104; or Mr. Kevin Keith, Interim 

Director, Missouri Department of 

Transportation, P.O. Box 270, Jefferson 

City, MO 65102, Telephone: (573) 751– 

2803. Questions may also be directed to 

the Local Public Agency sponsor by 

contacting: Mr. John Hicks, 

Transportation Development Analyst, 

St. Louis County Department of 

Highways and Traffic, 121 S. Meramec 

Avenue, Clayton, Missouri 63105, 

Telephone: (314) 615–8532. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

Missouri Department of Transportation 

(MoDOT) and St Louis County 

Department of Highways and Traffic 

(County), will prepare an EIS for a 

proposed roadway project in St. Louis 

County, Missouri. The project corridor 

begins in the vicinity of Laclede Station 

Road and Hanley Road, extending from 

the vicinity of Laclede Station Road and 

Hanley Road, extending southeastward 

to River Des Peres Boulevard and 

Lansdowne Avenue near the 


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