69476 Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Notices 

Act for Fiscal Year 2005 (NDAA) was 

passed by Congress and was signed by 

the President on October 28, 2004. 

Section 3116 of the NDAA allows the 

DOE to determine that certain incidental 

waste, stemming from reprocessing of 

spent nuclear fuel, is not high-level 

waste (HLW). Should these incidental 

wastes, or Waste Incidental to 

Reprocessing (WIR), meet the criteria 

defined by the NDAA, they will be 

disposed via near-surface disposal. The 

NDAA is applicable only in the states of 

South Carolina and Idaho and does not 

apply to waste transported out of these 

States. The NDAA requires that: (1) DOE 

consult with NRC on its waste 

determinations in South Carolina and 

Idaho, and (2) NRC, in coordination 

with the State, monitor disposal actions 

taken by DOE for the purpose of 

assessing compliance with NRC 

regulations in 10 CFR part 61, subpart 

C. If the NRC considers any disposal 

actions taken by the DOE pursuant to 

subparagraphs (A) or (B) of Section 

3116(a)(3) of the NDAA to be not in 

compliance with those performance 

objectives, the NRC shall, as soon as 

practicable after discovery of the 

noncompliant conditions, inform the 

DOE, the covered State, and Congress. 

On November 16, 2006 and July 20, 

2007, the NRC and DOE held public 

meetings to discuss the efficiency and 

effectiveness of the consultation 

process. This meeting is part of a series 

of continuing public lessons learned 

meetings that the NRC and DOE hold 

jointly. Since the November 2006 NRC/ 

DOE joint public meeting, many NDAA, 

Section 3116 consultation and 

monitoring activities have taken place at 

the Savannah River Site. NRC is 

currently fulfilling its monitoring role 

for disposal actions at the Saltstone 

Facility at the Savannah River Site and 

consultation activities are underway as 

the DOE has recently submitted the FTank Farm Performance Assessment 

and Draft Waste Determination for NRC 

review. The agencies will provide the 

public with an update on NDAA Section 

3116 activities, provide interested 

stakeholders a chance to make 

comments and ask questions, and 

inform the public of future activities. 

After the meeting, a publicly available 

summary of this meeting will be made 

available on the NRC’s Agencywide 

Documents Access and Management 

System at http://www.nrc.gov and on 

the DOE webpage at http:// 

www.em.doe.gov/pages/ 

3116Summaries.aspx. 

Detailed Agenda 

Speakers 

Linda Suttora—Office of Environmental 

Compliance, DOE, DOE HQ Project 

Manager for SRS Section 3116 

Activities 

Sherri Ross—Savannah River Site, 

Waste Disposition Programs 

Division, DOE, DOE SR Project 

Manager for Tank Farm Closures 

Gregory Suber—Low-Level Waste 

Branch Chief, NRC, Chief of NRC 

Branch Responsible for WIR 

Activities 

Frank Marcinowski—Deputy Assistant 

Secretary for Technical and 

Regulatory Support, DOE 

Larry W. Camper—Director of the 

Division of Waste Management and 

Environmental Protection, NRC 

Agenda 

7–7:10 Introductions and Opening 

Remarks (Nishka Devaser, NRC 

Saltstone Project Manager) 

7:10–8 NDAA Section 3116 Process 

(DOE, DOE–SR, and NRC) 

Linda Suttora, DOE–HQ 

Sherri Ross, DOE–SR 

Gregory Suber, NRC 

8–9 NDAA Section 3116 Challenges 

and Accomplishments 

NRC and DOE Perspectives on the 

Challenges Posed by Section 3116 

and the Accomplishments Made 

Frank Marcinowski, DOE 

Larry Camper, NRC 

9–10 Opportunity for Public Questions 

and/or Comment 

FOR FURTHER INFORMATION CONTACT: For 

questions related to this meeting, please 

contact Nishka Devaser at (301) 415– 

5196 or Nishka.Devaser@nrc.gov. 

Dated at Rockville, Maryland, this 8th day 

of November 2010. 

For the Nuclear Regulatory Commission. 

Gregory Suber, 

Branch Chief, Low-Level Waste Branch, 

Environmental Protection and Performance 

Assessment Directorate, Division of Waste 

Management and Environmental Protection, 

Office of Federal and State Materials and 

Environmental Management Programs. 

[FR Doc. 2010–28644 Filed 11–10–10; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549. 

Extension: 

Rule 17a–4(b)(11); SEC File No. 270–449; 

OMB Control No. 3235–0506; Rule 17a– 

3(a)(16). 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. Sec. 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 17a–4(b)(11) (17 

CFR 240.17a–4(b)(11)) under the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.). 

Rule 17a–4(b)(11) describes the record 

preservation requirements for those 

records required to be kept pursuant to 

Rule 17a–3(a)(16), including how such 

records should be kept and for how 

long, to be used in monitoring 

compliance with the Commission’s 

financial responsibility program and 

antifraud and antimanipulative rules as 

well as other rules and regulations of 

the Commission and the self-regulatory 

organizations. 

It is estimated that respondents will 

incur a total burden of 2,835 hours per 

year (105 respondents multiplied by 27 

burden hours to comply with Rule 17a– 

3(a)(16). It is estimated that 

approximately 105 active broker-dealer 

respondents registered with the 

Commission will incur a total burden of 

315 hours per year to comply with Rule 

17a–4(b)(11), (105 respondents 

multiplied by 3 burden hours per 

respondent equals 315 total burden 

hours). 

The Commission estimates that an 

employee of a broker-dealer charged to 

ensure compliance with Rule 17a– 

3(a)(16) receives annual compensation 

of $238,000. This compensation is the 

equivalent of $119 per hour ($238,000 

divided by 2,000 payroll hours per 

year). Thus, the average cost estimated 

for each respondent would be $3,213: 

Rule 17a–3(a)(16); Recordkeeping 

requirements 27 hours at $119/hr = 

$3,213. 

The Commission estimates that an 

employee of a broker-dealer charged to 

ensure compliance with Rule 17a– 

4(b)(11) receives annual compensation 

of $238,000. This compensation is the 

equivalent of $119 per hour ($238,000 

divided by 2,000 pay roll hours per 

year). Thus, the average cost estimated 

for each respondent would be $357.00: 

Rule 17a–4(b)(11); Record preservation 

requirements 3 hours at $119/hr = 

$ 357. 

Accordingly, the annual aggregated 

hour burden for each broker-dealer 

required to comply with Rules 17a– 

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Federal Register / Vol. 75, No. 218 / Friday, November 12, 2010 / Notices 69477 

1 15 U.S.C. 78k–1. 

2 17 CFR 242.608. 

3The OPRA Plan is a national market system plan 

approved by the Commission pursuant to Section 

11A of the Act and Rule 608 thereunder (formerly 

Rule 11Aa3–2). See Securities Exchange Act 

Release No. 17638 (March 18, 1981), 22 S.E.C. 

Docket 484 (March 31, 1981). The full text of the 

OPRA Plan is available at http:// 

www.opradata.com. 

The OPRA Plan provides for the collection and 

dissemination of last sale and quotation information 

on options that are traded on the participant 

exchanges. The eight participants to the OPRA Plan 

are BATS Exchange, Inc., Chicago Board Options 

Exchange, Incorporated, C2 Options Exchange, 

Incorporated, International Securities Exchange, 

LLC, NASDAQW OMX BX, Inc., NASDAQ OMX 

PHLX, Inc., NASDAQ Stock Market LLC, NYSE 

Amex, Inc., and NYSE Arca, Inc. 

4 17 CFR 242.608(b)(3)(i). 

5 17 CFR 242.608(b)(2). 

3(a)(16) and 17a–4(b)(11) would be 

$3,570: ($3,213 + $357 = $3,570). 

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. 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 60 days of this 

publication. 

Please direct your written comments 

to Thomas Bayer, Chief Information 

Officer, Securities and Exchange 

Commission, C/O Remi Pavlik-Simon, 

6432 General Green Way, Alexandria, 

VA, 22312 or by sending an e-mail to: 

PRA_Mailbox@sec.gov. 

Dated: November 4, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–28543 Filed 11–10–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63273; File No. SR–OPRA– 

2010–03] 

Options Price Reporting Authority; 

Notice of Filing and Immediate 

Effectiveness of Proposed Amendment 

To Revise the Device-Based 

Professional Subscriber Fees Charged 

by OPRA for its Basic Service 

November 8, 2010. 

Pursuant to Section 11A of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 608 thereunder,2

notice is hereby given that on October 

29, 2010, the Options Price Reporting 

Authority (‘‘OPRA’’) submitted to the 

Securities and Exchange Commission 

(‘‘Commission’’) an amendment to the 

Plan for Reporting of Consolidated 

Options Last Sale Reports and 

Quotation Information (‘‘OPRA Plan’’).3

The proposed amendment would revise 

the device-based professional subscriber 

fees charged by OPRA in respect of its 

Basic Service. A conforming revision is 

proposed to be made to OPRA’s 

Enterprise Rate Professional Subscriber 

Fee. The Commission is publishing this 

notice to solicit comments from 

interested persons on the proposed 

OPRA Plan amendment. 

I. Description and Purpose of the Plan 

Amendment 

The purpose of the amendment is to 

make incremental increases in OPRA’s 

device-based professional subscriber 

fees in respect of its Basic Service and 

in the Enterprise Rate charged to those 

subscribers who elect that rate in place 

of device-based fees. These increases 

will be phased in over a four-year 

period. Specifically, it is proposed to 

increase the current $23 monthly per 

device fee by $1.00 in each of the years 

2011, 2012, 2013 and 2014. It is also 

proposed to increase the Enterprise 

Rate, currently a monthly fee of $23 

times the number of a subscriber’s U.S.- 

based registered representatives, by this 

same amount in each of these years and 

to make conforming changes to the 

minimum monthly fee under the 

Enterprise Rate. These increases will be 

effective on January 1 in each year. 

OPRA’s Basic Service currently consists 

of market data and related information 

pertaining to all of the options listed 

and traded on its member Exchanges 

(i.e., equity options and index options, 

including foreign currency index 

options) (‘‘OPRA Data’’). Professional 

subscribers are persons who subscribe 

to OPRA Data and do not qualify for the 

reduced fees charged to nonprofessional 

subscribers. OPRA’s Enterprise Rate is 

based on the number of a professional 

subscriber’s U.S. registered 

representatives and independent 

investment advisers who contract with 

the subscriber to provide advisory 

services to the subscriber’s customers. 

The proposed increases in the devicebased professional subscriber fee and in 

the Enterprise Rate are intended to 

generate revenues for OPRA and its 

member exchanges that are needed to 

cover actual and anticipated increases 

in the costs of collecting, consolidating, 

processing and disseminating options 

market information and assuring the 

reliability and integrity of that 

information, as well as increases in 

OPRA’s administrative costs. These 

increases reflect the higher costs of 

enhancements to and upgrades of the 

OPRA system and related exchange 

systems that are needed in order to 

enable OPRA, its participant exchanges 

and its vendors to handle a greater 

volume of market information as a result 

of the continuing expansion of listed 

options trading and to provide a greater 

degree of redundancy and security in 

the OPRA system. Increases in 

administrative costs largely reflect 

higher employee costs. Assuming the 

number of fee-liable devices and 

registered persons remains the same, 

OPRA estimates that the overall effect of 

the proposed increases in professional 

subscriber fees will be to increase 

revenues derived from these fees by 

approximately 4% in each of the four 

years covered by the proposal. 

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 http:// 

www.sec.gov. 

II. Implementation of the OPRA Plan 

Amendment 

Pursuant to paragraph (b)(3)(i) of Rule 

608 under the Act,4 OPRA designated 

this amendment as establishing or 

changing a fee or other charge collected 

on behalf of all of the OPRA Participants 

in connection with access to or use of 

OPRA facilities. In order to give persons 

subject to these fees advance notice of 

the changes, the first of these changes is 

not proposed to be put into effect until 

January 1, 2011. Notice of these fee 

changes is being sent to OPRA Vendors 

and Professional Subscribers at or about 

the date of the filing. 

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 5 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 

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