21834 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Notices 

8See Securities and Exchange Act Release No. 

61855 (April 6, 2010), 75 FR 19441 (April 14, 2010) 

(SR–ISE–2010–26). 

9See NASDAQ OMX PHLX Fee Schedule, 

Section V. 10 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 200.30–3(a)(12). 

$0.45 per contract.8 This routing fee and 

credit applies to all the symbols that are 

traded on the Exchange. 

The Exchange has designated this 

proposal to be operative on April 2, 

2012. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Exchange 

Act’’) for this proposed rule change is 

the requirement under Section 6(b)(4) 

that an exchange have an equitable 

allocation of reasonable dues, fees and 

other charges among its members and 

other persons using its facilities. In 

particular, the Exchange believes 

charging a route-out fee for Priority 

Customer orders is reasonable if doing 

so provides the Exchange the ability to 

recover the costs of funding a credit the 

Exchange provides to its PMMs, who, in 

the course of meeting their obligation, 

are incurring a financial burden. The 

Exchange further believes it is equitable 

and reasonable to assess the proposed 

fee to recoup costs associated with 

routing Priority Customer orders to 

away markets. The Exchange also 

believes that the proposed fees are 

equitable and not unfairly 

discriminatory because the fees would 

be uniformly applied to all Priority 

Customer orders. ISE notes that a 

number of other exchanges currently 

charge a variety of routing related fees 

associated with customer and noncustomer orders that are subject to 

linkage handling. The Exchange further 

notes that the fees proposed herein are 

substantially lower than the level of fees 

charged by some of the Exchange’s 

competitors.9 And, as noted above, the 

Exchange already provides a credit 

equal to the fee charged by a destination 

exchange for Customer (Professional) 

orders, although that credit is currently 

capped at $0.45 per contract. 

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 

Exchange 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)(A)(ii) of the Exchange Act.10 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 Exchange 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 Exchange 

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 email to rulecomments@sec.gov. Please include File 

Number SR–ISE–2012–28 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–ISE–2012–28. This file 

number should be included on the 

subject line if email 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 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–ISE– 

2012–28 and should be submitted on or 

before May 2, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–8711 Filed 4–10–12; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Airborne Radar Altimeter Equipment 

(For Air Carrier Aircraft) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Cancellation of Technical 

Standard Order (TSO)–C67, Airborne 

Radar Altimeter Equipment (For Air 

Carrier Aircraft). 

SUMMARY: This is a confirmation notice 

of the cancellation of TSO–C67, 

Airborne Radar Altimeter Equipment 

(For Air Carrier Aircraft). The effect of 

the cancelled TSO will result in no new 

TSO–C67 design or production 

approvals. However, cancellation will 

not affect any current production of an 

existing TSO authorization (TSOA). 

Articles produced under an existing 

TSOA can still be installed per the 

existing airworthiness approvals, and all 

applications for new airworthiness 

approvals will still be processed. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 15, 1960, the FAA 

published TSO–C67, Airborne Radar 

Altimeter Equipment (for air carrier 

aircraft). Since 1978, there have been no 

new applications for TSOA for TSO– 

C67. Our research indicates there are no 

authorized manufacturers currently 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Notices 21835 

1Elgin, Joliet and Eastern Railway Company is an 

indirect subsidiary of Canadian National Railway 

Company. 

manufacturing, advertising, or selling 

TSO–C67 compliant equipment. 

Therefore, given the obsolescence of the 

equipment, and the lack of industry 

interest in TSO–C67 product designs, 

we proposed cancelling TSO–C67. 

Please note that TSO–C87, Airborne 

Low Range Radio Altimeter, is currently 

used for Radio Altimeter certification 

and is not affected by this action. 

Comments 

There were no comments received 

during the public comment period of 

the Federal Register Notice of the FAA’s 

intent to cancel TSO–C67. 

Conclusion 

TSO–C67 is cancelled effective 

September 30, 2012. Please note that 

TSO–C87, Airborne Low Range Radio 

Altimeter, is currently used for Radio 

Altimeter certification and is not 

affected by this action. 

Issued in Washington, DC, on April 6, 

2012. 

Susan J.M. Cabler, 

Assistant Manager, Aircraft Engineering 

Division, Aircraft Certification Service. 

[FR Doc. 2012–8653 Filed 4–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

Release of Waybill Data 

The Surface Transportation Board has 

received a request from GATX 

Corporation (WB512–16—3/22/2012), 

for permission to use certain data from 

the Board’s 2010 Carload Waybill 

Samples. A copy of this request may be 

obtained from the Office of Economics. 

The waybill sample contains 

confidential railroad and shipper data; 

therefore, if any parties object to these 

requests, they should file their 

objections with the Director of the 

Board’s Office of Economics within 14 

calendar days of the date of this notice. 

The rules for release of waybill data are 

codified at 49 CFR 1244.9. 

Contact: Marcin Skomial (202) 245– 

0344. 

Raina S. White, 

Clearance Clerk. 

[FR Doc. 2012–8681 Filed 4–10–12; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35611] 

Savage, Bingham & Garfield Railroad 

Company—Trackage Rights 

Exemption—Elgin, Joliet and Eastern 

Railway Company 

Pursuant to a written trackage rights 

agreement dated March 5, 2012, Elgin, 

Joliet and Eastern Railway Company 

(CN),1 has agreed to grant limited 

overhead trackage rights to Savage, 

Bingham & Garfield Railroad Company 

(SBG) over approximately 0.6 miles of 

rail line between milepost J 47.4 (south 

end of CN’s Whiting Yard) and Bridge 

Number 631 at or near milepost J 46.8 

on CN’s Calumet Spur on CN’s Matteson 

Subdivision in Whiting, Ind. 

The transaction is scheduled to be 

consummated on April 25, 2012, the 

effective date of the exemption (30 days 

after the exemption was filed). 

The purpose of the transaction is to 

allow SBG to move freight for customers 

in CN’s Whiting Yard on CN’s Matteson 

Subdivision. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk & 

Western Railway—Trackage Rights— 

Burlington Northern, Inc., 354 I.C.C. 605 

(1978), as modified in Mendocino Coast 

Railway—Lease & Operate—California 

Western Railroad, 360 I.C.C. 653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If the notice contains false 

or misleading information, the 

exemption is void ab initio. Petitions to 

revoke the exemption under 49 U.S.C. 

10502(d) may be filed at any time. The 

filing of a petition to revoke will not 

automatically stay the transaction. 

Petitions for stay must be filed by April 

18, 2012 (at least 7 days before the 

exemption becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35611, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on David T. Ralston, Jr., Foley 

& Lardner LLP, 3000 K Street NW., 

Washington, DC 20007. 

Board decisions and notices are 

available on our Web site at 

‘‘www.stb.dot.gov.’’ 

Decided: April 3, 2012. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2012–8804 Filed 4–10–12; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Credit for Renewable Electricity 

Production, Refined Coal Production, 

and Indian Coal Production, and 

Publication of Inflation Adjustment 

Factors and Reference Prices for 

Calendar Year 2012 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Publication of inflation 

adjustment factors and reference prices 

for calendar year 2012 as required by 

section 45(e)(2)(A) of the Internal 

Revenue Code (26 U.S.C. 45(e)(2)(A)), 

section 45(e)(8)(C) (26 U.S.C. 

45(e)(8)(C)), and section 45(e)(10)(C) (26 

U.S.C. 45(e)(10)(C)). 

SUMMARY: The 2012 inflation adjustment 

factors and reference prices are used in 

determining the availability of the credit 

for renewable electricity production, 

refined coal production, and Indian coal 

production under section 45. 

DATES: The 2012 inflation adjustment 

factors and reference prices apply to 

calendar year 2012 sales of kilowatt 

hours of electricity produced in the 

United States or a possession thereof 

from qualified energy resources, and to 

2012 sales of refined coal and Indian 

coal produced in the United States or a 

possession thereof. 

Inflation Adjustment Factors: The 

inflation adjustment factor for calendar 

year 2012 for qualified energy resources 

and refined coal is 1.4799. The inflation 

adjustment factor for Indian coal is 

1.1336. 

Reference Prices: The reference price 

for calendar year 2012 for facilities 

producing electricity from wind is 5.31 

cents per kilowatt hour. The reference 

prices for fuel used as feedstock within 

the meaning of section 45(c)(7)(A) 

(relating to refined coal production) are 

$31.90 per ton for calendar year 2002 

and $55.80 per ton for calendar year 

2012. The reference prices for facilities 

producing electricity from closed-loop 

biomass, open-loop biomass, geothermal 

energy, solar energy, small irrigation 

power, municipal solid waste, qualified 

hydropower production, marine and 

hydrokinetic renewable energy have not 

been determined for calendar year 2012. 


wreier-aviles on DSK5TPTVN1PROD with NOTICES