Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices 78335 

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 Exchange’s Web site at http:// 

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

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

Commission’s Public Reference Room. 

9 17 CFR 200.30–3(a)(12). 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Currently, for orders routed to Nasdaq 

BX in Tape A and C Securities and that 

remove liquidity, a rebate of $0.0001 per 

share is provided to Members (yielding 

Flag ‘‘C’’). The Exchange proposes to 

increase the rebate to $0.0002 per share 

to reflect an increase in rebate provided 

by Nasdaq BX. The Exchange also 

proposes to delete the reference to Tape 

A and C securities in the Flag C 

description and thus, provide the rebate 

for orders in securities on all Tapes. A 

conforming amendment is proposed to 

the text of footnote 3 to reflect this 

amendment. 

Currently, the ‘‘O’’ flag describes 

orders that are routed to the Nasdaq’s 

opening cross. Since the Exchange 

routes to multiple trading centers for the 

opening cross, such as NYSE, the 

Exchange proposes to amend the 

description of the ‘‘O’’ flag to state that 

it applies to orders routed to the 

primary exchange’s opening cross. 

The Exchange proposes to add an 

additional rebate and corresponding 

new flag to its fee schedule. Orders that 

are routed to BATS BYX Exchange that 

remove liquidity using order types 

ROUC or ROBY will yield a ‘‘BY’’ flag 

and be rebated $0.0003 per share. 

Finally, the Exchange proposes to 

clarify in the Flag K description that the 

BATS Exchange referred to is the BATS 

BZX Exchange. 

EDGA Exchange proposes to 

implement these amendments to the 

Exchange fee schedule on December 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. 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–EDGA–2010–21 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–EDGA–2010–21. 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–EDGA– 

2010–21 and should be submitted on or 

before January 5, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–31433 Filed 12–14–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7268] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Thomas Lawrence: Regency Power 

and Brilliance’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 


hsrobinson on DSK69SOYB1PROD with NOTICES
78336 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, and Delegation of 

Authority No. 236–3 of August 28, 2000, 

I hereby determine that the objects to be 

included in the exhibition ‘‘Thomas 

Lawrence: Regency Power and 

Brilliance,’’ imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to loan 

agreements with the foreign owners or 

custodians. I also determine that the 

exhibition or display of the exhibit 

objects at the Yale Center for British Art, 

New Haven, CT, from on or about 

February 24, 2011, until on or about 

June 5, 2011, and at possible additional 

exhibitions or venues yet to be 

determined, is in the national interest. 

Public Notice of these Determinations is 

ordered to be published in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202/632–6473). The address 

is U.S. Department of State, SA–5, L/PD, 

Fifth Floor, Washington, DC 20522– 

0505. 

Dated: December 7, 2010. 

Ann Stock, 

Assistant Secretary, Bureau of Educational 

and Cultural Affairs, Department of State. 

[FR Doc. 2010–31499 Filed 12–14–10; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 7264] 

Review of the Designation of Gama’a 

al-Islamiyya, (IG and Other Aliases); as 

a Foreign Terrorist Organization 

Pursuant to Section 219 of the 

Immigration and Nationality Act, as 

Amended 

Based upon a review of the 

Administrative Record assembled in 

this matter pursuant to Section 

219(a)(4)(C) of the Immigration and 

Nationality Act, as amended (8 U.S.C. 

1189(a)(4)(C)) (‘‘INA’’), and in 

consultation with the Attorney General 

and the Secretary of the Treasury, I 

conclude that the circumstances that 

were the basis for the 2004 redesignation of the aforementioned 

organization as a foreign terrorist 

organization have not changed in such 

a manner as to warrant revocation of the 

designation and that the national 

security of the United States does not 

warrant a revocation of the designation. 

Therefore, I hereby determine that the 

designation of the aforementioned 

organization as a foreign terrorist 

organization, pursuant to Section 219 of 

the INA (8 U.S.C. 1189), shall be 

maintained. 

This determination shall be published 

in the Federal Register. 

Dated: December 6, 2010. 

James B. Steinberg, 

Deputy Secretary of State. 

[FR Doc. 2010–31348 Filed 12–14–10; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF STATE 

Bureau of Western Hemisphere Affairs 

[Public Notice 7269] 

Finding of No Significant Impact From 

the Expansion, Renovation, Operation 

and Maintenance of the Nogales 

Mariposa Commercial and Pedestrian 

Border Crossing 

AGENCY: Department of State. 

ACTION: Notice. 

SUMMARY: The Department of State is 

publishing a Finding of No Significant 

Impact (FONSI) for the proposed 

expansion, renovation, operation and 

maintenance of the Nogales Mariposa 

Commercial and Pedestrian Border 

Crossing between Nogales, Arizona and 

Nogales, Sonora, Mexico. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stewart Tuttle, Coordinator of Border 

Affairs, Office of Mexican Affairs, 

Bureau of Western Hemisphere Affairs. 

U.S. Department of State, 2201 C Street, 

NW., Washington, DC 20520, phone 

202–647–6356, or e-mail: 

Tuttlesd@state.gov. General information 

about Presidential Permits is available 

on the Internet at http://www.state.gov/ 

p/wha/rt/permit/. 

SUPPLEMENTARY INFORMATION: The 

following represents the text of the State 

Department-approved FONSI—The 

General Services Administration 

(‘‘GSA’’) has submitted an application 

for a Presidential permit to expand, 

renovate, operate and maintain the 

Nogales Mariposa Commercial and 

Pedestrian Border Crossing between 

Nogales, Arizona and Nogales, Sonora, 

Mexico. The Department of State (the 

‘‘Department’’) has determined that 

under Executive Order 11423, as 

amended, a Presidential permit is 

required for the proposed alteration of 

the existing border crossing since it 

would involve a significant 

modification in a piercing of the United 

States-Mexico border. See 75 FR 14487 

(March 25, 2010). 

The Nogales Land Port of Entry 

(LPOE) was constructed in 1973 and is 

located at the U.S.-Mexico border 

between the City of Nogales, Arizona 

and the City of Nogales, Sonora, Mexico, 

approximately 65 miles south of 

Tucson, Arizona. The LPOE is a fullservice facility inspecting primarily 

commercial vehicles, but also 

personally-owned vehicles and 

pedestrians entering the U.S. from 

Mexico. Today the LPOE is one of the 

ten busiest cargo ports along the entire 

U.S.-Mexico border. As a result of the 

North American Free Trade Agreement 

(NAFTA), the LPOE serves as the 

primary commercial truck route 

between the U.S. and Mexico in the 

Nogales area and is a linchpin in the 

international trade infrastructure 

between the U.S., Mexico and Canada. 

GSA has sought a Presidential permit 

because of the need for an upgrade to 

the current LPOE facilities necessitated 

by the increased trade volume between 

the U.S. and Mexico brought about by 

NAFTA. Pedestrian crossings have 

tripled since 2002 and are expected to 

increase nearly 200 percent by 2025. 

Bus traffic at the LPOE doubled between 

2002 and 2006. Currently, the LPOE 

processes approximately 1,000 

commercial vehicles per day. This 

figure is expected to increase to 1,730 

per day by 2030. The current LPOE 

infrastructure does not conform to 

GSA’s current guidelines governing 

layout, minimum vehicle clearances, 

pedestrian and employee safety and 

national security. Due to its outdated 

equipment and inefficient traffic 

circulation, the existing LPOE 

configuration will not be able to handle 

the predicted increases in traffic 

volume. Congress in the Reinvestment 

and Recovery Act of 2009 provided 

$199 million to upgrade current 

facilities and completion of this upgrade 

is a priority project for both GSA and 

the Bureau of Customs and Border 

Protection (CBP) of the Department of 

Homeland Security (DHS). 

The General Services Administration 

(GSA) published an Environmental 

Assessment (EA) for the proposed 

expansion, renovation, operation and 

maintenance of the Nogales Mariposa 

Commercial and Pedestrian Border 

Crossing between Nogales, Arizona and 

Nogales, Sonora, Mexico on June, 12, 

2009. Based on that EA, GSA then also 

issued its own FONSI on August 7, 2009 

concluded that the Nogales project is 

not a major federal action significantly 

affecting the quality of the human 

environment that would require an 

environmental impact statement and 

gave public notice of its finding of no 

significant impact (FONSI) on June 24, 


hsrobinson on DSK69SOYB1PROD with NOTICES