62444 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices 

3See Securities Exchange Act Release No. 62724 

(August 16, 2010), 75 FR 51509 (‘‘Notice’’). 

4A member of NOM is known as a Participant. 

Some participants are also members of other 

options exchanges such as, for example, 

International Securities Exchange, LLC (‘‘ISE’’), 

Chicago Board Options Exchange, Incorporated 

(‘‘CBOE’’), and NASDAQ OMX PHLX LLC (‘‘Phlx’’). 

See Notice, supra note 3. See also Chapter I, Section 

1(a)(40) of the NOM Rules. 

5Public Customer is defined in Chapter I, Section 

1(a)(48) as a person that is not a broker or dealer 

in securities. 

6The Exchange intends to require Participants to 

identify Professional orders submitted 

electronically by identifying them in the customer 

type field, and will notify Participants via an 

Options Trader Alert (‘‘OTA’’) or Options Regulatory 

Alert (‘‘ORA’’) regarding this requirement. 

7According to NASDAQ, Participants will be 

required to conduct a quarterly review and make 

any appropriate changes to the way in which they 

are representing orders within five business days 

after the end of each calendar quarter. While 

Participants will only be required to review their 

accounts on a quarterly basis, if during a quarter 

NOM identifies a customer for which orders are 

being represented as other than Professional orders 

but that has averaged more than 390 orders per day 

during a month, NOM will notify the Participant 

and the Participant will be required to change the 

manner in which it is representing the customer’s 

orders within five business days. This is similar to 

the process of other options exchanges that have 

adopted a Professional designation. See, e.g., 

Securities Exchange Act Release No. 61802 (March 

30, 2010), 75 FR 17193 (April 5, 2010) (SR–Phlx– 

2010–05). 

8See Notice, supra note 3. 

9The Professional definition proposed by NOM 

comports with the Professional designation that has 

been implemented by Phlx, CBOE, ISE, and NYSE 

Amex LLC (‘‘NYSE Amex’’). See Securities 

Exchange Act Release Nos. 61802 (March 30, 2010), 

75 FR 17193 (April 5, 2010) (SR–Phlx–2010–05); 

61198 (December 17, 2009), 74 FR 68880 (December 

29, 2009) (SR–CBOE–2009–078); 59287 (January 23, 

2009), 74 FR 5694 (January 30, 2009) (SR–ISE– 

2006–26); and 61818 (March 31, 2010), 75 FR 17457 

(April 6, 2010) (SR–NYSEAmex–2010–18). 

10According to NASDAQ, NOM only accepts 

orders that are marked as customer, firm, market 

maker, or away market maker orders. 

11See, e.g., Chapter VI, Section 11 and Chapter 

XII. 

12 In approving this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

13See supra note 9. 

14 15 U.S.C. 78s(b)(2). 

15 17 CFR 200.30–3(a)(12). 

Participants (‘‘NOM Rules’’). The 

proposed rule change was published for 

comment in the Federal Register on 

August 20, 2010.3 The Commission 

received no comment letters on the 

proposed rule change. This order 

approves the proposed rule change. 

II. Description 

Under the proposal, new Chapter I, 

Section 1(a)(48) will state that the term 

‘‘Professional’’ means any person or 

entity that (i) is not a broker or dealer 

in securities, and (ii) places more than 

390 orders in listed options per day on 

average during a calendar month for its 

own beneficial account(s). A 

Participant 4 or a Public Customer 5 may, 

without limitation, be a Professional. 

Moreover, in order to properly represent 

orders entered on the Exchange 

according to the new definition, a 

Participant will be required to 

appropriately mark all Professional 

orders.6 To comply with this 

requirement, Participants will be 

required to review their Public 

Customers’ activity on at least a 

quarterly basis to determine whether 

orders that are not for the account of a 

broker-dealer should be represented as 

Professional orders.7 The Exchange will 

issue a notice to Participants via OTA or 

ORA outlining the procedures for the 

implementation of the proposal. 

The professional order designation 

rule will apply to NOM members, 

including NASDAQ Options Services 

LLC (‘‘NOS’’). NOS is NOM’s exclusive 

order router for all orders that come 

through the Exchange.8 Under the 

proposal, NOS, a member of several 

exchanges that have rules requiring a 

Professional designation, will be able to 

route Professional orders to those 

options exchanges that require 

Professional orders to be designated as 

such.9

The Professional definition will not 

revise the Exchange’s price/time order 

entry (priority) rules. For example, 

unlike other options exchanges with the 

Professional designation, the proposed 

rule change does not affect on NOM the 

priority of orders designated as 

Professional. Instead, the proposal is 

intended to make certain that 

Participants mark Professional orders 

properly regardless of whether the order 

is entered on NOM or routed to another 

options exchange that has the 

Professional designation. Moreover, 

when the proposed Professional 

designation is in place, NOM will be 

able to accept orders that are marked as 

Professional.10

The designation of an order as 

Professional will not result in any 

different treatment of such orders for 

purposes of NOM rules concerning 

away market protection. That is, all nonbroker-dealer orders, including those 

orders that meet the definition of 

Professional, will continue to be treated 

equally for purposes of NOM’s away 

market protection rules.11

III. Discussion and Commission’s 

Findings 

After careful review, the Commission 

finds that the proposed rule change is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder applicable to a national 

securities exchange.12 In particular, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act, which requires, 

among other things, that the rules of a 

national securities exchange be 

designed to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest, and not be designed to 

permit unfair discrimination between 

customers, issuers, brokers, or dealers. 

The Commission notes that NOM’s 

proposed definition of Professional and 

requirement that Professional orders be 

properly marked are consistent with the 

rules of other exchanges relating to 

Professional orders, which previously 

were approved by the Commission.13

The Commission notes that the proposal 

will not amend NOM’s price/time order 

entry (priority) rules with respect to the 

treatment of orders submitted to NOM. 

The proposal in effect allows NOM to 

accept orders marked as Professional 

and, if necessary to comply with its 

order protection rules, to route them via 

NOS to an away market that maintains 

the Professional order designation, in 

accordance with that exchange’s order 

marking requirements. The Commission 

believes that conforming NOM’s rules to 

those of the other exchanges that have 

the Professional order designation will 

reduce disparate rules in this area and 

may help reduce regulatory arbitrage. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,14 that the 

proposed rule change (SR–NASDAQ– 

2010–099) be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–25420 Filed 10–7–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7200] 

60-Day Notice of Proposed Information 

Collection: Form DS–3057, Medical 

Clearance Update, OMB 1405–0131 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices 62445 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Medical Clearance Update. 

• OMB Control Number: 1405–0131. 

• Type of Request: Extension of 

Currently Approved Collection. 

• Originating Office: Office of 

Medical Services, M/MED/C/MC. 

• Form Number: DS–3057. 

• Respondents: Foreign Service 

Officers, State Department Employees, 

Other Government Employees and 

Family Members. 

• Estimated Number of Respondents: 

9,800 per year. 

• Estimated Number of Responses: 

9,800 per year. 

• Average Hours per Response: 0.5 

hours per response. 

• Total Estimated Burden: 4,900 

hours. 

• Frequency: On occasion. 

• Obligation to Respond: Mandatory. 

DATES: The Department will accept 

comments from the public up to 60 days 

from October 8, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: mahoneybj@state.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

• Mail (paper, disk, or CD–ROM 

submissions): Department of State, 

Office of Medical Clearances, SA–15 

Room 400, 1800 North Kent St., 

Rosslyn, VA. 22209. 

• Fax: 703–875–4850. 

You must include the DS form 

number (if applicable), information 

collection title, and OMB control 

number in any correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

Barbara Mahoney, Department of State, 

Office of Medical Clearances, SA–15 

Room 400, 1800 North Kent St., 

Rosslyn, VA. 22209. FAX 703–875– 

4850. 

SUPPLEMENTARY INFORMATION: 

We are soliciting public comments to 

permit the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our 

functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Abstract of Proposed Collection 

Form DS–3057 is designed to collect 

medical information to provide medical 

providers with current and adequate 

information to base decisions on 

whether a federal employee and family 

members will have sufficient medical 

resources at a diplomatic mission 

abroad to maintain the health and 

fitness of the individual and family 

members. 

Methodology 

The information collected will be 

collected through the use of an 

electronic forms engine or by hand 

written submission using a pre-printed 

form. 

Dated: September 28, 2010. 

Joseph A. Kenny, 

Executive Director, Department of State, 

Office of Medical Services. 

[FR Doc. 2010–25430 Filed 10–7–10; 8:45 am] 

BILLING CODE 4710–36–P 

DEPARTMENT OF STATE 

[Public Notice 7199] 

Notice of Public Meeting 

SUMMARY: The U.S. Department of State, 

Bureau of Oceans and International 

Environmental and Scientific Affairs 

(OES), Office of Marine Conservation 

announces that the Advisory Panel to 

the U.S. Section of the North Pacific 

Anadromous Fish Commission will 

meet on October 12, 2010. 

DATES: The meeting will take place via 

teleconference on October 12th, 2010, 

from 2 p.m. to 4 p.m. Eastern time. 

Meeting Details: The teleconference 

call-in number is toll-free 1–888–989– 

5162, passcode 32752, and will have a 

limited number of lines for members of 

the public to access from anywhere in 

the United States. Callers will hear 

instructions for using the passcode and 

joining the call after dialing the toll-free 

number noted. Members of the public 

wishing to participate in the 

teleconference must contact the OES 

officer in charge as noted in the FOR

FURTHER INFORMATION CONTACT section 

below no later than close of business on 

Friday, October 8, 2010. 

FOR FURTHER INFORMATION CONTACT: John 

Field, Office of Marine Conservation, 

OES, Room 2758, U.S. Department of 

State, 2201 C Street, NW., Washington, 

DC 20520. Telephone (202) 647–3263, 

fax (202) 736–7350, e-mail 

fieldjd@state.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the requirements of the 

Federal Advisory Committee Act, notice 

is given that the Advisory Panel to the 

U.S. Section of the North Pacific 

Anadromous Fish Commission (NPAFC) 

will meet on the date and time noted 

above. The panel consists of members 

from the states of Alaska and 

Washington who represent the broad 

range of fishing and conservation 

interests in anadromous and 

ecologically related species in the North 

Pacific. Certain members also represent 

relevant state and regional authorities. 

The panel was established in 1992 to 

advise the U.S. Section of the NPAFC on 

research needs and priorities for 

anadromous species, such as salmon, 

and ecologically related species 

occurring in the high seas of the North 

Pacific Ocean. The upcoming Panel 

meeting will focus on two major topics: 

(1) Review of the agenda for the 2010 

annual meeting of the NPAFC (Nov. 1– 

5, 2010; Busan, Republic of Korea); and 

(2) logistics for the U.S. Section at the 

NPAFC meeting. Background material is 

available from the point of contact noted 

above and by visiting http:// 

www.npafc.org. 

This announcement will appear in the 

Federal Register less than 15 days prior 

to the meeting. The Department of State 

finds that there is an exceptional 

circumstance in that this advisory 

committee meeting must be held on 

October 12th in order to adequately 

prepare for the NPAFC to be convened 

in Korea on November 1st, as well as the 

necessity of preparing the U.S. Section. 

Dated: October 1, 2010. 

William Gibbons-Fly, 

Director, Office of Marine Conservation, 

Department of State. 

[FR Doc. 2010–25432 Filed 10–7–10; 8:45 am] 

BILLING CODE 4710–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 330 (Sub-No. 4X)] 

Otter Tail Valley Railroad Company, 

Inc.–Abandonment Exemption—in 

Otter Tail County, MN 

Otter Tail Valley Railroad Company, 

Inc. (OTVR) filed a verified notice of 

exemption under 49 CFR part 1152 


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