Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices 71473 

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

2 17 CFR 240.19b–4. 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify Angela 

Bolduc, Chief, Employee/Labor 

Relations and Work Life Branch, at 301– 

492–2230, TDD: 301–415–2100, or by 

e-mail at angela.bolduc@nrc.gov. 

mailto:dlc@nrc.gov.mailto:aks@nrc.gov 

Determinations on requests for 

reasonable accommodation will be 

made on a case-by-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: November 18, 2010. 

Rochelle C. Bavol, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2010–29604 Filed 11–19–10; 4:15 pm] 

BILLING CODE 7590–01–P 

OVERSEAS PRIVATE INVESTMENT 

CORPORATION 

Sunshine Act—Public Hearing 

November 24, 2010 

OPIC’s Sunshine Act notice of its 

Public Hearing in Conjunction with 

each Board meeting was published in 

the Federal Register (Volume 75, 

Number 210, Page 67145) on November 

1, 2010. No requests were received to 

provide testimony or submit written 

statements for the record; therefore, 

OPIC’s public hearing scheduled for 2 

PM, November 24, 2010 in conjunction 

with OPIC’s December 9, 2010 Board of 

Directors meeting has been cancelled. 

CONTACT PERSON FOR INFORMATION: 

Information on the hearing cancellation 

may be obtained from Connie M. Downs 

at (202) 336–8438, via facsimile at (202) 

218–0136, or via e-mail at 

Connie.Downs@opic.gov. 

November 19, 2010. 

Connie M. Downs, 

OPIC Corporate Secretary. 

[FR Doc. 2010–29580 Filed 11–19–10; 11:15 am] 

BILLING CODE 3210–01–P 

POSTAL REGULATORY COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, December 1, 

2010, at 11 a.m. 

PLACE: Commission hearing room, 901 

New York Avenue, NW., Suite 200, 

Washington, DC 20268–0001. 

STATUS: Parts of this meeting will be 

open to the public. The rest of the 

meeting will be closed to the public. 

The open parts of the meeting will be 

audiocast. The audiocast can be 

accessed via the Commission’s Web site 

at http://www.prc.gov. 

MATTERS TO BE CONSIDERED: The agenda 

for the Commission’s December meeting 

includes the items identified below. 

PORTIONS OPEN TO THE PUBLIC: 

1. Election of Vice Chairman. 

2. Review of postal-related 

congressional activity. 

3. Report on international activities. 

4. Review of active cases. 

5. Report on recent activities of the 

Joint Periodicals Task Force and status 

of the report to the Congress pursuant to 

Section 708 of the PAEA. 

6. Report on the status of the Annual 

Report. 

PORTIONS CLOSED TO THE PUBLIC: 

7. Discussion of pending litigation. 

8. Discussion of confidential 

personnel issues. 

9. Discussion of contracts involving 

confidential commercial information. 

CONTACT PERSON FOR MORE INFORMATION: 

Stephen L. Sharfman, General Counsel, 

Postal Regulatory Commission, 901 New 

York Avenue, NW., Suite 200, 

Washington, DC 20268–0001, at 

stephen.sharfman@prc.gov or 202–789– 

6820 (for agenda-related inquiries) and 

Shoshana M. Grove, Secretary, at 202– 

789–6800 or shoshana.grove@prc.gov 

(for inquiries related to meeting 

location, access for handicapped or 

disabled persons, the audiocast, or 

similar matters). 

Dated: November 19, 2010. 

By the Commission. 

Ruth Ann Abrams, 

Acting Secretary. 

[FR Doc. 2010–29664 Filed 11–19–10; 4:15 pm] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a Closed Meeting 

on Monday, November 22, 2010 at 2 

p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, exemption 

5 U.S.C. 552b(c)(10) and 17 CFR 

200.402(a)(10), permit consideration of 

the scheduled matter at the Closed 

Meeting. 

Commissioner Paredes, as duty 

officer, voted to consider the item listed 

for the Closed Meeting in a closed 

session, and determined that no earlier 

notice thereof was possible. 

The subject matter of the Closed 

Meeting scheduled for Monday, 

November 22, 2010 will be: 

Consideration of amicus participation. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting item. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: November 18, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–29595 Filed 11–19–10; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63320; File No. SR–DTC– 

2010–15] 

Self-Regulatory Organizations; the 

Depository Trust Company; Notice of 

Filing of Proposed Rule Change To 

Amend Rules Relating to the 

Requirement To Maintain a Balance 

Certificate in the Fast Automated 

Securities Transfer Program 

November 16, 2010. 

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 November 

5, 2010, the Depository Trust Company 

(‘‘DTC’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change as described 

in Items I and II below, which Items 

mstockstill on DSKH9S0YB1PROD with NOTICES

71474 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices 

3The text of the proposed rule change is attached 

as Exhibit 5 to DTC’s filing, which is available at 

http://www.dtcc.com/downloads/legal/rule_filings/ 

2010/dtc/2010–15.pdf. 

4The Commission has modified the text of the 

summaries prepared by NSCC. 

5FAST reduces the movement of certificates 

between DTC and the transfer agent, thereby 

reducing the costs and risks associated with the 

creation, movement, and storing of certificates. For 

a description of DTC’s current rules relating to 

FAST, see Securities Exchange Act Release Nos. 

34–13342 (March 8, 1977) (File No. SR–DTC–76–3); 

34–14997 (July 26, 1978) (File No. SR–DTC–78–11); 

34–21401 (October 16, 1984) (File No. SR–DTC–84– 

8); 34–31941 (March 3, 1993) (SR–DTC–92–15); and 

34–46956 (December 2, 2002) (File No. SR–DTC– 

2002–15). In addition, DTC has filed a proposed 

rule change with the SEC to update the 

requirements relating to its FAST and DRS 

programs (See Securities Exchange Act Release No. 

34–57362 (February 20, 2008) (File No. SR–DTC– 

2006–16). 

6 DRS allows registered owners to hold their 

assets on the records of the transfer agent in bookentry form rather than in certificated form. 

Securities on deposit at DTC are considered ‘‘DRS 

eligible’’ if the issuer’s by-laws permit the issuance 

of book entry shares and the CUSIP number has 

been designated as FAST eligible by DTC. 

‘‘Participating in DRS’’ means that the issuer and its 

transfer agent have complied with DTC’s 

requirements to participate in the DRS program and 

actually allow investors to hold shares in DRS. 

7Street name generally describes securities held 

in the name of a broker-dealer or another nominee, 

such as a clearing agency, instead of the brokerdealer’s customer. 

have been prepared primarily by DTC.3

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 the Substance 

of the Proposed Rule Change 

The purpose of this proposed rule 

change is to amend DTC’s rules relating 

to its Fast Automated Securities 

Transfer (‘‘FAST’’) program to eliminate 

the requirement for certain transfer 

agents to custody a balance certificate. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

DTC 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. DTC has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of these statements.4

(A) Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

Under DTC’s FAST program, DTC 

leaves securities in the form of balance 

certificates in the custody of the transfer 

agent participating in FAST (‘‘FAST 

transfer agents’’).5 The balance 

certificates are registered in the name of 

DTC’s nominee, Cede & Co. and 

evidence the record ownership by Cede 

& Co. of each issue for which the FAST 

transfer agent acts as transfer agent. The 

balance certificate agreement is 

executed by each FAST transfer agent 

and DTC and sets forth the rights and 

obligations of FAST transfer agents and 

DTC. As additional securities are 

deposited or withdrawn from DTC, the 

FAST transfer agent adjusts the 

denomination of the balance certificate 

as appropriate and electronically 

confirms theses changes with DTC. 

Recently, FAST transfer agents have 

requested that DTC remove the 

requirement for FAST transfer agents to 

custody a balance certificate because the 

transfer agent electronically confirms 

the balance with DTC on a daily basis. 

As a result, DTC is proposing to remove 

the requirement that FAST transfer 

agents maintain a balance certificate for 

certain issuers that are participating in 

the direct registration system (‘‘DRS’’).6

An issuer that participates in DRS has 

agreed to allow investors to hold their 

securities position in book-entry form 

on the records of the issuer’s transfer 

agent instead of in certificated form. 

With DRS, shares can be electronically 

transferred between a DRS Limited 

Participant (i.e., a transfer agent 

participating in DRS) and DTC 

participants (i.e., broker-dealers or 

banks). DRS provides investors with an 

alternate approach to holding their 

securities either in certificated form or 

in ‘‘street’’ name.7 As additional 

securities are deposited or withdrawn 

from DTC, the DRS Limited Participant 

adjusts the denomination of the balance 

certificate as appropriate and 

electronically confirms these changes 

with DTC. 

Since issuers that participate in DRS 

have acknowledged that the use of 

electronic registration of securities is a 

valid method to evidence ownership of 

their issued securities and since 

electronic registration should reduce the 

costs and risks associated with the 

creation, storage, and replacement of 

balance certificates, DTC proposes to 

remove the requirement that FAST 

transfer agents maintain a balance 

certificate for those exchange listed 

issues that are DRS eligible and 

participating in DRS. However, DTC 

also proposes to continue to reserve its 

rights to draw down from the FAST 

balance and to receive in lieu of a DRS 

or electronic position a certificate to be 

registered in DTC’s nominee name of 

Cede & Co. and to reflect any number of 

shares up to and including the total 

amount of shares outstanding due DTC 

from those FAST transfer agents. 

The proposed rule change is 

consistent with the requirements of the 

Securities Exchange Act of 1934, as 

amended, (‘‘Act’’) and the rules and 

regulations thereunder applicable to 

DTC because it should allow DTC to 

better safeguard the securities which are 

in DTC’s custody or control or for which 

it is responsible by reducing the 

inherent risks associated with the 

transfer and maintenance of physical 

certificates. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

DTC does not believe that the 

proposed rule change would impose any 

burden on competition. 

(C) Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments relating to the 

proposed rule change have not been 

solicited or received. DTC will notify 

the Commission of any written 

comments received by DTC. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within forty-five 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 

ninety 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 or disapprove 

the proposed rule change or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices 71475 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 ‘‘Core’’ data refers to the best-priced quotations 

and comprehensive last sale reports of all markets 

that the Commission requires a central processor to 

consolidate and distribute to the public pursuant to 

joint-SRO plans. ‘‘Non-core’’ data refers to products 

other than the consolidated products that markets 

offer collectively under joint industry plans. 

4A ‘‘distributor’’ of a Depth Feed is defined on the 

ISE Schedule of Fees as any firm that receives the 

Depth of Market data feed directly from ISE or 

indirectly through a redistributor and then 

distributes it either internally or externally. A 

redistributor includes market data vendors and 

connectivity providers such as extranets and private 

network providers. 

5A ‘‘controlled device’’ is defined on the ISE 

Schedule of Fees as any device that a distributor of 

the Depth of Market data feed permits to access the 

information in the Depth of Market Raw Data Feed. 

Number SR–DTC–2010–15 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 submission should refer to File 

Number SR–DTC–2010–15. 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 Section, 100 F Street, NE., 

Washington, DC 20549–1090, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of such filings 

will also be available for inspection and 

copying at the principal office of DTC 

and on DTC’s Web site at http:// 

www.dtcc.com/downloads/legal/ 

rule_filings/2010/nscc/2010–11.pdf. 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–DTC–2010–15 and should 

be submitted on or before December 14, 

2010. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–29401 Filed 11–22–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63324; File No. SR–ISE– 

2010–103] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Market Data Fees 

November 17, 2010. 

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 November 

4, 2010, the International Securities 

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

‘‘ISE’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’ 

or ‘‘SEC’’) the proposed rule change as 

described in Items I, II, and III below, 

which items have been prepared by the 

Exchange. 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 proposing to amend 

its fees for its real-time depth of market 

data offering. 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 

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 

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 

ISE currently creates market data that 

consists of options quotes and orders 

and all trades that are executed on the 

Exchange. ISE also produces a Best Bid/ 

Offer, or BBO, with the aggregate size 

from all outstanding quotes and orders 

at the top price level, or the ‘‘top of 

book.’’ This ‘‘core’’ 3 data is formatted 

according to Options Price Reporting 

Authority (‘‘OPRA’’) specification and 

sent to OPRA for redistribution to the 

public. 

Pursuant to Securities and Exchange 

Commission (‘‘SEC’’) approval, the 

Exchange also offers a ‘‘non-core’’ data 

feed on a subscription basis called the 

ISE Depth of Market Data Feed (‘‘Depth 

Feed’’). The Depth Feed offering 

aggregates all quotes and orders at the 

top five price levels on the Exchange, on 

both the bid and offer side of the 

market. The Depth Feed offering 

consists of non-marketable orders and 

quotes that a prospective buyer or seller 

has chosen to display. Depth Feed, 

which is distributed in real time, 

provides subscribers with a 

consolidated view of tradable prices 

beyond the BBO. Depth Feed also shows 

additional liquidity and enhances 

transparency for ISE traded options that 

are not currently available through the 

OPRA feed. The offering is available to 

members and non-members, and to both 

professional and non-professional 

subscribers. 

The Exchange currently charges 

distributors 4 of Depth Feed $5,000 per 

month. In addition, the Exchange 

charges the distributor a monthly fee per 

controlled device 5 of (i) $50 per 

controlled device for Professionals at a 

distributor where the data is for internal 

use only, (ii) $50 per controlled device 

for Professionals who receive the data 

from a distributor where the data is 

further redistributed externally, and 

(iii) $5 per controlled device for NonProfessionals who receive the date from 

a distributor. The Exchange also has a 

fee cap currently in place where for any 

one month the combined maximum 

amount of fees payable by a distributor 

is as follows: (i) $7,500 for Professionals 

at a distributor where the data is for 

internal use only, (ii) $12,500 for 

mstockstill on DSKH9S0YB1PROD with NOTICES