Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29383 

13See Securities Exchange Act Release No. 61878 

(April 8, 2010), 75 FR 20023 (April 16, 2010) (SR– 

PHLX–2010–48). 

14 Id. 

15NetCoalition Order at 63. 

16The text of the proposed rule change is 

available on the Commission’s Web site at http:// 

www.sec.gov/rules/sro.shtml. 

17 17 CFR 200.30–3(a)(12). 

market participants from whom ISE 

must attract order flow. These market 

participants include broker-dealers that 

control the handling of a large volume 

of customer and proprietary order flow. 

Given the portability of order flow from 

one exchange to another, any exchange 

that sought to charge unreasonably high 

market data fees would risk alienating 

many of the same customers on whose 

orders it depends for competitive 

survival. 

Second, the Exchange is constrained 

in pricing the ISE Order Feed by the 

availability to market participants of 

alternatives to purchasing ISE’s market 

data offerings. ISE must consider the 

extent to which market participants 

would choose one or more alternatives 

instead of purchasing the exchange’s 

data. Other exchanges, including some 

who may enjoy greater market share 

than ISE, are potential competitors as 

they too sell similar market data 

offerings that market participants may 

choose to purchase instead. For 

example, NASDAQ OMX PHLX 

(‘‘PHLX’’) has filed a proposed rule 

change to adopt fees for a market data 

product that includes a data feed that is 

similar to the ISE Order Feed.13 The 

PHLX’ Specialized Order Feed, which 

PHLX has proposed to integrate into its 

TOPO Plus Orders market data offering, 

includes ‘‘real-time information to keep 

track of single order book(s).’’ 14 Further, 

the NetCoalition Order notes that one of 

the principal market data reforms 

adopted by the Commission was to 

authorize the independent distribution 

of data by broker/dealers. If one or more 

broker/dealers determine that the cost of 

subscribing to the ISE Order Feed is too 

high, they are entitled to independently 

distribute their own order data and may 

do so with or without charging a fee.15

In the aftermath of the NetCoalition 

Order, the Exchange believes that the 

competition among exchanges for order 

flow and the competition among 

exchanges for market data products 

subject ISE’s proposed market data 

offerings to significant competitive 

forces. In addition, the Exchange 

believes that no substantial 

countervailing basis exists to support a 

finding that the proposed fees fail to 

meet the requirement of the Act. In sum, 

the availability of alternative sources of 

information impose significant 

competitive pressures on the ISE Order 

Feed and ISE’s compelling need to 

attract order flow impose significant 

competitive pressure on the Exchange to 

act equitably, fairly, and reasonably in 

setting its fees. 

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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(a) By order approve such proposed 

rule change, or 

(b) Institute proceedings to determine 

whether the proposed rule change 

should be 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 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–ISE–2010–34 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–2010–34. 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,16 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, 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–2010–34 and should be 

submitted on or before June 15, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–12506 Filed 5–24–10; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2010–0076] 

Agency Request for Emergency 

Approval of an Information Collection 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of 

Transportation (DOT) provides notice 

that it will submit an information 

collection request (ICR) to the Office of 

Management and Budget (OMB) for 

emergency approval of a proposed 

information collection under the 

Paperwork Reduction Act of 1995 (Pub. 

L. 104–13, 44 U.S.C. 3501 et seq.). Upon 


srobinson on DSKHWCL6B1PROD with NOTICES
29384 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 

receiving the requested six-month 

emergency approval by OMB, OST will 

follow the normal, 6 month PRA 

procedures to obtain extended approval 

for this proposed information collection. 

This collection involves the National 

Infrastructure Investments Grant 

Program or ‘‘TIGER II Discretionary 

Grants’’ pursuant to Title I of the 

Transportation, Housing and Urban 

Development, and Related Agencies 

Appropriations Act for 2010 (Div. A of 

the Consolidated Appropriations Act, 

2010 (Pub. L. 111–117, Dec. 16, 2009)) 

(‘‘FY 2010 Appropriations Act’’). Title I 

established a new program for OST to 

provide Supplemental Discretionary 

Grants for National Infrastructure 

Investments. OST is referring to these 

grants as TIGER II Discretionary Grants 

which include promoting economic 

recovery and supporting projects that 

have a significant impact on the Nation, 

Metropolitan area or a region. 

The information to be collected is 

necessary in order to receive and 

evaluate applications for grant funds 

pursuant to the FY 2010 Appropriations 

Act. 

The announcement of grant awards 

may not be made before September 15, 

2010, and OST anticipates awarding 

grants as soon as possible thereafter. 

Information related to this ICR, 

including applicable supporting 

documentation may be obtained by 

contacting Robert Mariner, Office of the 

Assistant Secretary for Transportation 

Policy, at (202) 366–8914 or 

Robert.Mariner@dot.gov. 

DATES: Comments should be submitted 

as soon as possible upon publication of 

this notice in the Federal Register. 

Comments and questions should be 

directed to the Office of Information and 

Regulatory Affairs (OIRA), Attn: OST 

OMB Desk Officer, 725 17th Street, 

NW., Washington, DC 20503. Comments 

and questions about the ICR identified 

below may be transmitted electronically 

to OIRA at 

oira_submissions@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 2105–New. 

Title: National Infrastructure 

Investments. 

Form Numbers: None. 

Type of Review: Emergency 

information collection request. 

Expected Number of Respondents: 

1,500. 

Frequency: One time collection. 

Estimated Average Burden per 

Response: 100 hours. 

Estimated Total Annual Burden: 

150,000 hours. 

Abstract: On December 16, 2009, the 

President of the United States signed the 

Transportation, Housing and Urban 

Development, and Related Agencies 

Appropriations Act for 2010 (Div. A of 

the Consolidated Appropriations Act, 

2010 (Pub. L. 111–117, Dec. 16, 2009)) 

(‘‘FY 2010 Appropriations Act’’) which 

appropriated $600 million to be 

awarded for National Infrastructure 

Investments or ‘‘TIGER II Discretionary 

Grants.’’ Funds for the TIGER II 

Discretionary Grant Program are to be 

awarded on a competitive basis for 

projects that will have a significant 

impact on the Nation, Metropolitan area 

or a region. 

On April 26, 2010, the Department 

published an interim notice announcing 

the availability of funding for TIGER II 

Discretionary Grants, project selection 

criteria, pre-application requirements, 

application requirements and the 

deadline for submitting pre-applications 

is no later than July 16, 2010, and final 

applications no later than August 23, 

2010. OST will begin accepting grant 

applications on July 30, 2010 through 

Grants.gov upon approval from OMB. 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1:48. 

Roy Kienitz, 

Under Secretary for Transportation Policy. 

[FR Doc. 2010–12513 Filed 5–24–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0143] 

Motor Carrier Safety Advisory 

Committee Public Meeting 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of Motor Carrier Safety 

Advisory Committee meeting. 

SUMMARY: FMCSA announces that its 

Motor Carrier Safety Advisory 

Committee (MCSAC) will hold a threeday committee meeting concerning 

distracted driving by commercial motor 

vehicle (CMV) operators, from June 8 

through June 10, 2010. This meeting is 

open to the public. 

DATES: Meeting dates: The meeting will 

be held on the following dates: Tuesday, 

June 8, from 8:30 a.m. to 5 p.m.; 

Wednesday, June 9, from 8:30 a.m. to 

4:30 p.m.; and Thursday, June 10, 2010, 

from 8:30 a.m. to 3:30 p.m., Eastern 

Standard Time. 

Location: Hilton Alexandria Old 

Town, Washington and Jefferson Rooms, 

2nd Floor, 1767 King Street, Alexandria, 

VA 22314 (located across the street from 

the King Street Metrorail Station). 

Subject: FMCSA will request that 

MCSAC provide information, concepts, 

and ideas on ways to prevent distracted 

driving by commercial motor vehicle 

operators, with a particular emphasis on 

in-cab technologies and activities. This 

task will assist FMCSA in identifying 

options for addressing driver distraction 

associated with certain in-cab 

technologies. This activity is separate 

from FMCSA’s current rulemaking 

concerning texting and the Agency’s 

forthcoming rulemaking concerning the 

use of wireless telephones. In addition, 

FMCSA will seek information, and ideas 

for consideration in updating the 

Agency’s Strategic Plan. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Shannon L. Watson, Senior 

Management Analyst, Strategic Planning 

and Program Evaluation Division, Office 

of Policy Plans and Regulation, Federal 

Motor Carrier Safety Administration, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, (202) 385–2395, or e-mail 

mcsac@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, 119 Stat. 1144, August 

10, 2005) required the Secretary of 

Transportation to establish a Motor 

Carrier Safety Advisory Committee. The 

committee provides advice and 

recommendations to the FMCSA 

Administrator on motor carrier safety 

programs and regulations and operates 

in accordance with the Federal 

Advisory Committee Act (5 U.S.C. App 

2). 

II. Meeting Participation 

Comments from the public will be 

heard orally during the last hour of each 

day’s meeting. To be assured of timely 

consideration, interested parties may 

submit written comments on the subject 

topic by Wednesday, June 2, 2010, to 

the Federal Docket Management System 

(FDMS) in Docket Number FMCSA– 

2010–0143 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Room WI2–140, Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 


srobinson on DSKHWCL6B1PROD with NOTICES