5424 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(6). 

11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6) requires a self-regulatory organization to 

give the Commission written notice of its intent to 

file the proposed rule change at least five business 

days prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Commission is waiving this fiveday pre-filing requirement. 

12 Id. 

13See supra Section II.A.2. 

14For the purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 15 17 CFR 200.30–3(a)(12). 

C. Self-Regulatory Organization’s 

Statement on Comments Regarding 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 

Because the foregoing proposed rule 

change: (1) Does not significantly affect 

the protection of investors or the public 

interest; (2) does not impose any 

significant burden on competition; and 

(3) by its terms does not become 

operative for 30 days after the date of 

this filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) 9 of the Act and Rule 

19b–4(f)(6) thereunder.10

A proposed rule change filed under 

19b–4(f)(6) normally may not become 

operative prior to 30 days after the date 

of filing.11 However, Rule 19b– 

4(f)(6)(iii) 12 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. BX has 

requested that the Commission waive 

the 30-day operative delay. BX notes 

that the proposal will allow the 

Exchange to continue receiving inbound 

routes of equities orders from NES, in a 

manner consistent with prior approvals 

and established protections, while also 

permitting the Exchange and the 

Commission to assess the impact of the 

pilot.13 The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because such waiver would allow the 

pilot period to be extended without 

undue delay through June 15, 2011. For 

this reason, the Commission designates 

the proposed rule change to be operative 

upon filing with the Commission.14

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–BX–2011–003 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–BX–2011–003. 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 

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 

publicly available. All submissions 

should refer to File Number SR–BX– 

2011–003 and should be submitted on 

or before February 22, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–1988 Filed 1–28–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–26367] 

Motor Carrier Safety Advisory 

Committee; Request for Nominations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Request for Nominations to the 

Motor Carrier Safety Advisory 

Committee (MCSAC). 

SUMMARY: The FMCSA solicits 

nominations for interested persons to 

serve on the MCSAC. The MCSAC is 

composed of FMCSA stakeholders from 

the safety enforcement, industry, labor, 

and safety sectors and is charged with 

providing advice and recommendations 

to the FMCSA Administrator on Federal 

motor carrier safety programs. 

DATES: Nominations for the MCSAC 

must be received on or before March 2, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Shannon L. Watson, MCSAC Liaison, 

FMCSA, at 202–385–2395 or via e-mail 

at Shannon.Watson@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 4144 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

(Pub. L. 109–59, August 10, 2005) 

required the Secretary of Transportation 

to establish the MCSAC. The Committee 

provides advice and recommendations 

to the Administrator of FMCSA on the 

needs, objectives, plans, approaches, 

content, and accomplishments of motor 

carrier safety programs and motor 

carrier safety regulations under its 

charter (http://mcsac/about.htm). The 

Committee may be comprised of not 

more than 20 members appointed by the 

Administrator for up to 2-year terms. 

Members are selected from among 

individuals who are not employees of 

FMCSA and who are specially qualified 

to serve on the Committee based on 

their education, training, or experience. 

Currently, the members include 

representatives of the motor carrier 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 5425 

industry, shipping industry, safety 

advocates, labor, and safety enforcement 

officials. Representatives of a single 

enumerated interest group may not 

constitute a majority of the Committee 

members. The Administrator designates 

a chairman of the Committee from 

among the members. 

Committee members must not be 

officers or employees of the Federal 

Government and serve without pay. The 

Administrator may allow a member, 

when attending meetings of the 

Committee or a subcommittee, 

reimbursement of expenses authorized 

under Section 5703 of Title 5, United 

States Code and the Federal Travel 

Regulation, 41 CFR part 301, relating to 

per diem, travel, and transportation. 

The President’s Memorandum of June 

18, 2010, concerning lobbyists on 

Agency boards and commissions (75 FR 

35995, 6/23/10) directed the heads of 

Executive departments and agencies 

‘‘not to make any new appointments or 

reappointments of federally registered 

lobbyists to advisory committees and 

other boards and commissions.’’ 

Pursuant to the President’s directive, 

FMCSA will not consider for 

appointment to the MCSAC any 

individual who is subject to the 

registration and reporting requirements 

of the Lobbying Disclosure Act (2 U.S.C. 

1605). 

The Designated Federal Officer 

anticipates calling Committee meetings 

approximately four times each year. 

Meetings are open to the general public, 

except as provided under the Federal 

Advisory Committee Act (FACA) (5 

U.S.C. App.). Notice of each meeting is 

published in the Federal Register at 

least 15 calendar days prior to the date 

of the meeting. 

II. Request for Nominations 

The FMCSA seeks nominations for 

membership to the MCSAC from among 

its stakeholder groups for 

representatives with specialized 

experience, education, or training in 

commercial motor vehicle safety issues. 

The Agency is required under FACA to 

appoint members of diverse views and 

interests to ensure the committee is 

balanced with appropriate consideration 

of background. All Committee members 

must be able to attend at least three to 

four meetings each year in person or by 

teleconference. Interested persons 

should have a commitment to 

transportation safety, knowledge of 

transportation issues, experience on 

panels that deal with transportation 

safety, and a record of collaboration and 

professional experience in commercial 

motor vehicle safety issues. 

On-line applications will be accepted 

for positions on the MCSAC. 

Applications may be obtained from the 

MCSAC Web site at http:// 

mcsac.fmcsa.dot.gov/, completed online, and e-mailed to Shannon L. 

Watson, MCSAC liaison, at 

Shannon.Watson@dot.gov. The Web site 

contains additional information on the 

MCSAC, including reports, meeting 

minutes, and membership information. 

Nominations must be received on or 

before March 2, 2011. 

Issued on: January 21, 2011. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2011–2104 Filed 1–28–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0385] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt 24 individuals from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). The exemptions will enable 

these individuals to operate commercial 

motor vehicles (CMVs) in interstate 

commerce without meeting the 

prescribed vision standard. The Agency 

has concluded that granting these 

exemptions will provide a level of safety 

that is equivalent to, or greater than, the 

level of safety maintained without the 

exemptions for these CMV drivers. 

DATES: The exemptions are effective 

January 31, 2011. The exemptions 

expire on January 31, 2013. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202)–366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Room W64– 

224, Washington, DC 20590–0001. 

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

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the FDMS published in 

the Federal Register on January 17, 

2008 (73 FR 3316), or you may visit 

http://edocket.access.gpo.gov/2008/pdf/ 

E8–785.pdf. 

Background 

On December 14, 2010, FMCSA 

published a notice of receipt of 

exemption applications from certain 

individuals, and requested comments 

from the public (75 FR 77942). That 

notice listed 24 applicants’ case 

histories. The 24 individuals applied for 

exemptions from the vision requirement 

in 49 CFR 391.41(b)(10), for drivers who 

operate CMVs in interstate commerce. 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for a 2- 

year period if it finds ‘‘such exemption 

would likely achieve a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved absent 

such exemption.’’ The statute also 

allows the Agency to renew exemptions 

at the end of the 2-year period. 

Accordingly, FMCSA has evaluated the 

24 applications on their merits and 

made a determination to grant 

exemptions to each of them. 

Vision and Driving Experience of the 

Applicants 

The vision requirement in the 

FMCSRs provides: 

A person is physically qualified to 

drive a commercial motor vehicle if that 

person has distant visual acuity of at 

least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of a least 

20/40 (Snellen) in both eyes with or 


jlentini on DSKJ8SOYB1PROD with NOTICES