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

8 See Securities and Exchange Act Release No. 61855 (April 6, 2010), 75 FR 19441 (April 14, 2010) (SR–ISE–2010–26).

9 See 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 feesassociated 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


### 21835 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Notices

1 Elgin, 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.