Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 76515 

8See Securities Exchange Act Release No. 62902 

(September 14, 2010), 75 FR 57313 (September 20, 

2010) (SR–CBOE–2010–081) (a rule change to assess 

a transaction fee of $.18 per contract on public 

customer orders in options on Standard & Poor’s 

Depositary Receipts, except for orders of 99 

contracts or less). 

9 15 U.S.C. 78f. 

10 15 U.S.C. 78f(b)(4). 

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

12 17 CFR 240.19b–4(f)(2). 

13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

Exchange when certain Customer 

options orders are routed to CBOE 8 as 

well as when certain Professional 

options orders are routed to the various 

destination markets. Each destination 

market’s transaction charge varies and 

there is a standard clearing charge for 

each transaction incurred by the 

Exchange. The Exchange believes that 

the routing fees proposed will enable 

the Exchange to recover the transaction 

fees assessed by away markets, where 

applicable, plus clearing fees for the 

execution of Customer, Firm, Market 

Maker and Professional orders. As with 

all fees, the Exchange may adjust these 

Routing Fees in response to competitive 

conditions by filing a new proposed rule 

change. 

While fee changes pursuant to this 

proposal are effective upon filing, the 

Exchange has designated these changes 

to be operative on December 1, 2010. 

2. Statutory Basis 

NASDAQ believes that the proposed 

rule changes are consistent with the 

provisions of Section 6 of the Act,9 in 

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

Act,10 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 Exchange believes that the 

proposed fees are reasonable because 

they seek to recoup costs that are 

incurred by the Exchange when routing 

Customer orders greater than 99 

contracts in NDX, MNX, ETFs, ETNs 

and HOLDRs to CBOE and also when 

routing orders designated as 

Professional to the various destination 

markets listed herein, on behalf of its 

members. The Exchange also believes 

that the proposed fees are equitable 

because they will be uniformly applied 

to all Customers and Professionals. 

NASDAQ is one of nine options 

markets in the national market system 

for standardized options. Joining 

NASDAQ and electing to trade options 

is entirely voluntary. Under these 

circumstances, NASDAQ’s fees must be 

competitive and low in order for 

NASDAQ to attract order flow, execute 

orders, and grow as a market. NASDAQ 

thus believes that its fees are fair and 

reasonable and consistent with the 

Exchange Act. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition 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 

No written comments were either 

solicited or received. 

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 11 and 

paragraph (f)(2) of Rule 19b–4 12

thereunder. 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. 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 

Number SR–NASDAQ–2010–149 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–2010–149. 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 such 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 No. SR–NASDAQ– 

2010–149 and should be submitted on 

or before December 29, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–30833 Filed 12–7–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63404; File No. SR–NSCC– 

2010–16] 

Self-Regulatory Organizations; 

National Securities Clearing 

Corporation; Notice of Filing of 

Proposed Rule Change To Amend 

Procedure II of the NSCC Rules & 

Procedures To Modify the Money 

Tolerance Comparison Provisions for 

Fixed Income Securities 

December 1, 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 

19, 2010, the National Securities 


jlentini on DSKJ8SOYB1PROD with NOTICES
76516 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 

3The text of the proposed rule change is attached 

as Exhibit 5 to NSCC’s filing and is available at 

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

2010/nscc/2010-16.pdf. 

4The Commission has modified the text of the 

summaries prepared by NSCC. 5 15 U.S.C. 78q–1(b)(3)(F). 

Clearing Corporation (‘‘NSCC’’) 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 primarily by NSCC.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 Procedure II (‘‘Trade 

Comparison and Recording Service’’) of 

the NSCC Rules & Procedures to modify 

the money tolerance comparison 

provisions for fixed income securities. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

NSCC 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. NSCC 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 

Trade Comparison and Recording 

Service 

NSCC provides a Real-Time Trade 

Matching (‘‘RTTM’’) service for trade 

input and comparison of corporate 

bond, municipal bond, and unit 

investment trust (collectively ‘‘CMU’’) 

fixed income securities. Matching 

requires that the two trade 

counterparties submit certain required 

trade details to RTTM that either match 

exactly or fall within predefined 

parameters. If the trade details are 

matched within RTTM, a valid and 

binding contract between the submitting 

trade parties results. If the purchaser 

and seller submit trade data that 

matches in all required aspects except 

for trade value, NSCC uses the seller’s 

money (referred to as ‘‘seller’s value’’) as 

the trade value and deems the trade 

compared as long as the difference 

between the seller’s submitted trade 

value and the buyer’s submitted trade 

value falls within prescribed dollar 

values as more fully described below. 

Currently, Procedure II of NSCC’s 

Rules & Procedures provides two 

scenarios in which trades are compared 

using the seller’s value. In the first 

scenario, NSCC will use the seller’s 

value to match a trade submitted prior 

to the cut-off time for intraday 

comparison if the respective trade 

parties have submitted contract amounts 

that are within (1) a net $2 difference for 

trades of $1 million or less and (2) $2 

per million for trades greater than $1 

million. In the second scenario, NSCC 

will also use the seller’s value during 

the end-of-day enhanced comparison 

process to match a trade that remained 

uncompared after the intraday 

comparison process if the contract 

amounts are within (i) a net $10.00 

difference for trades of $100,000 or less 

and (ii) $.10 per $1,000 for trades greater 

than $100,000. 

Proposed Amendments to NSCC 

Procedure II 

Since the establishment of these CMU 

money tolerance amounts in 1995, 

member firms have significantly 

improved the timing and accuracy of 

fixed income trade reporting. In 2005, 

the Municipal Securities Rulemaking 

Board (‘‘MSRB’’) instituted a 

requirement that firms report trades in 

municipal securities to the RTTM 

engine within 15 minutes. This, in turn, 

required member firms to improve their 

reporting accuracy and technology. As a 

result, RTTM is matching a greater 

percentage of CMU trades upon initial 

trade input from the buyer and seller. 

NSCC believes that because of these 

improvements, the current money 

tolerance is wider than needed. NSCC 

believes that best practices dictates that 

the money tolerance be modified to 

reflect current business conditions. 

Accordingly, NSCC is proposing to 

amend the CMU money tolerance for the 

second scenario in which trades are 

compared using the seller’s value. 

Transactions that remain uncompared 

after the intraday comparison process 

shall be deemed compared during the 

end-of-day enhanced comparison 

process if the seller’s value has a net 

$10.00 difference for trades of $250,000 

or less and $0.04 per $1,000 for trades 

greater than $250,000. NSCC members 

will be advised of the implementation 

date through the issuance of an NSCC 

Important Notice. 

Section 17A(b)(3)(F) of the Act 

requires, among other things, that the 

rules of a clearing agency be designed to 

promote the prompt and accurate 

clearance and settlement of securities 

transactions.5 The proposed rule change 

is consistent with the requirements of 

the Act and the rules and regulations 

thereunder applicable to NSCC because 

it should enhance the efficiency of 

NSCC’s clearance and settlement 

processes and should therefore better 

enable NSCC to facilitate the prompt 

and accurate clearance and settlement of 

securities transactions. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

NSCC 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. NSCC will notify 

the Commission of any written 

comments received by NSCC. 

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 

Number SR–NSCC–2010–16 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 76517 

6 17 CFR 200.30–3(a)(12). 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NSCC–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, 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 NSCC 

and on NSCC’s Web site at http://www.

dtcc.com/downloads/legal/rule_filings/

2010/nscc/2010-16.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–NSCC– 

2010–16 and should be submitted on or 

before December 29, 2010. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–30880 Filed 12–7–10; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Data Collection Available for Public 

Comments and Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Small Business 

Administration’s intentions to request 

approval on a new and/or currently 

approved information collection. 

DATES: Submit comments on or before 

February 7, 2011. 

ADDRESSES: Send all comments 

regarding whether this information 

collection is necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collection, to 

Gail Hepler, Chief 7(a) Program Branch, 

Office of Financial Assistance, Small 

Business Administration, 409 3rd Street, 

8th Floor, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: Gail 

Hepler, Chief 7(a) Program Branch, 

Office of Financial Assistance, 202– 

205–7530, Curtis B. Rich, Management 

Analyst, 202–205–7030, 

curtis.rich@sba.gov. 

SUPPLEMENTARY INFORMATION: This form 

is used to assist homeowners (20% or 

greater owners, corporate officers, or has 

guarantors) in preparing their total net 

worth by listing all of their assets and 

liabilities, including current income. 

Title: ‘‘Personal Financial Statement.’’ 

Description of Respondents: SBA 

participating Guaranty Agreement. 

Form Number: 413. 

Annual Responses: 91,937. 

Annual Burden: 137,095. 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. 2010–30835 Filed 12–7–10; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #12368 and #12369] 

Puerto Rico Disaster Number PR– 

00012 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 2. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the Commonwealth of Puerto Rico 

(FEMA–1946–DR), dated 10/26/2010. 

Incident: Severe Storms, Flooding, 

Mudslides, and Landslides associated 

with Tropical Storm Otto. 

Incident Period: 10/04/2010 through 

10/08/2010. 

Effective Date: 11/29/2010. 

Physical Loan Application Deadline 

Date: 12/27/2010. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 07/26/2011. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing And 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the Commonwealth of 

Puerto Rico, dated 10/26/2010, is hereby 

amended to include the following areas 

as adversely affected by the disaster. 

Primary Municipalities: Cayey, Ciales, 

Corozal, San Lorenzo. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Roger B. Garland, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2010–30837 Filed 12–7–10; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. 2010–0043] 

Agency Information Collection Activity 

under OMB Review 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of request for comments. 

SUMMARY: The Federal Transit 

Administration invites public comment 

about our intention to request the Office 

of Management and Budget’s (OMB) 

approval to renew the following 

information collection: 

Pre-Award and Post-Delivery Review 

Requirements. 

The information collected on the 

certification forms is necessary for 

FTA’s grantees to meet the requirements 

of 49 U.S.C. Section 5323(m). The 

Federal Register notice with a 60-day 

comment period soliciting comments 

was published on September 2, 2010. 

DATES: Comments must be submitted 

before January 7, 2011. A comment to 

OMB is most effective if OMB receives 

it within 30 days of publication. 

FOR FURTHER INFORMATION CONTACT: 

Sylvia L. Marion, Office of 

Administration, Office of Management 

Planning, (202) 366–6680. 

SUPPLEMENTARY INFORMATION: 

Title: Pre-Award and Post-Delivery 

Review Requirements. 

Abstract: Under the Federal Transit 

Laws, at 49 U.S.C. 5323(m), grantees 

must certify that Pre-Award and PostDelivery Reviews will be conducted 


jlentini on DSKJ8SOYB1PROD with NOTICES