Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 28315 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

provide the Commission with written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of 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 

Exchange has fulfilled this requirement. 

8See Securities Exchange Act Release Nos. 60822 

(October 14, 2009), 74 FR 54114 (October 21, 2009) 

(SR–NYSEArca–2009–77); 60823 (October 14, 

2009), 74 FR 54112 (October 21, 2009) (SR– 

NYSEAmex–2009–59); and 60857 (October 21, 

2009), 74 FR 55611 (October 28, 2009) (SR–CBOE– 

2009–74). 

9For purposes only of waiving the operative 

delay of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

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

10 17 CFR 200.30–3(a)(12). 1CSXT states that once abandonment authority 

has been approved, it intends to reclassify 1.35 

miles of trackage between milepost QST 1.42 and 

milepost QST 2.77 (Helen Avenue) to excepted 

track. Also, CSXT states that it has received 

expressions of interest from the City and County 

about converting the remaining 2.36 miles of 

trackage between mileposts 2.77 and 5.13 into a 

trail. CSXT adds that, if a request for interim trail 

use/rail banking is filed, it plans to agree to 

negotiate. 

Exchange believes that the proposed 

rules applicable to trading pursuant to 

generic listing and trading criteria, 

together with the Exchange’s 

surveillance procedures applicable to 

trading in the securities covered by the 

proposed rules, serve to foster investor 

protection. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does 

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 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days after the date of 

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) of the Act 6 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.7

The Exchange has requested that the 

Commission waive the 30-day operative 

delay and designate the proposed rule 

change as operative upon filing. The 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest. The proposed rule 

change is substantially similar to those 

of other options exchanges that have 

been previously approved by the 

Commission 8 and does not appear to 

present any novel regulatory issues. 

Therefore, the Commission designates 

the proposal operative upon filing to 

enable the Exchange to list and trade 

options on index-linked securities 

without delay.9

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

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 the 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–ISE–2010–40 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–2010–40. 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, 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 

available publicly. All submissions 

should refer to File Number SR–ISE– 

2010–40 and should be submitted on or 

before June 10, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–12068 Filed 5–19–10; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 55 (Sub-No. 701X)] 

CSX Transportation, Inc.— 

Abandonment Exemption—in Vigo 

County, IN 

On April 30, 2010, CSX 

Transportation, Inc. (CSXT) filed with 

the Surface Transportation Board 

(Board) a petition under 49 U.S.C. 10502 

for exemption from the provisions of 49 

U.S.C. 10903 to abandon a 3.71-mile rail 

line on its Southern Region, Nashville 

Division, CE&D Subdivision, between 

milepost QST 1.42 (Park Street) and 

milepost QST 5.13 (Spring Hill), in 

Terre Haute (City), Vigo County 

(County), Ind.1 The line contains the 

International Paper Lead and portions of 

the Graham Grain Lead and the 1st 

Street Lead. The line traverses United 

States Postal Service Zip Code 47802 

and includes no stations. 

The line does not contain federally 

granted rights-of-way. Any 

documentation in CSXT’s possession 

will be made available promptly to 

those requesting it. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
28316 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line Railroad and 

The Union Pacific Railroad Company— 

Abandonment Portion Goshen Branch 

Between Firth and Ammon, In Bingham 

and Bonneville Counties, Idaho, 360 

I.C.C. 91 (1979). 

By issuance of this notice, the Board 

is instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued on or before 

August 18, 2010. 

Any offer of financial assistance 

(OFA) under 49 CFR 1152.27(b)(2) will 

be due no later than 10 days after 

service of a decision granting the 

petition for exemption. Each OFA must 

be accompanied by a $1,500 filing fee. 

See 49 CFR 1002.2(f)(25). 

All interested persons should be 

aware that, following abandonment of 

rail service and salvage of the line, the 

line may be suitable for other public 

use, including interim trail use. Any 

request for a public use condition under 

49 CFR 1152.28 or for trail use/rail 

banking under 49 CFR 1152.29 will be 

due no later than June 9, 2010. Each 

trail use request must be accompanied 

by a $250 filing fee. See 49 CFR 

1002.2(f)(27). 

All filings in response to this notice 

must refer to Docket No. AB 55 (Sub-No. 

701X) and must be sent to: (1) Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001; and (2) 

Louis E. Gitomer, 600 Baltimore Ave., 

Suite 301, Towson, MD 21204, and 

Steven Armbrust, 500 Water St., 

Jacksonville, FL 32202. Replies to the 

petition are due on or before June 9, 

2010. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Assistance, Governmental Affairs and 

Compliance at (202) 245–0238 or refer 

to the full abandonment or 

discontinuance regulations at 49 CFR 

part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Section of Environmental 

Analysis (SEA) at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by SEA will be 

served upon all parties of record and 

upon any agencies or other persons who 

commented during its presentation. 

Other interested persons may contact 

SEA to obtain a copy of the EA (or EIS). 

EAs in these abandonment proceedings 

normally will be made available within 

60 days of the filing of the petition. The 

deadline for submission of comments on 

the EA generally will be within 30 days 

of its service. 

Board decisions and notices are 

available on our Web site at: http:// 

www.stb.dot.gov. 

Decided: May 14, 2010. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. 2010–12067 Filed 5–19–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Buy America Waiver Request 

by Oregon Department of 

Transportation for Steel Roof Tiles To 

Be Used in Union Station Roof 

Rehabilitation 

AGENCY: Federal Railroad 

Administration (FRA), United States 

Department of Transportation (DOT). 

ACTION: Notice of Buy America waiver 

request and request for comment. 

SUMMARY: The FRA is issuing this notice 

to advise the public that the Oregon 

Department of Transportation (‘‘ODOT’’) 

has requested a waiver from the Buy 

America requirements of the Passenger 

Rail Investment and Improvement Act 

of 2008 (‘‘PRIIA’’) (49 U.S.C. 24405(a)) 

for the purchase of metal roof tiles made 

of 40/45 KSI #2, 24 Gauge (0.0276’’) 

Galvanized ‘‘Non-Fluting’’ Steel Stock 

with Kynar PPG 5LR82411 or L/G 

Rodda Red II Paint finish color. ODOT 

is seeking a waiver in order to complete 

the rehabilitation of the historic Union 

Station roof in Portland, Oregon as one 

component of a project funded by FRA 

under the American Recovery and 

Reinvestment Act of 2009 (‘‘Recovery 

Act’’). The purpose of this notice is to 

seek public comment on whether the 

FRA should grant a waiver to its Buy 

America requirements in 49 U.S.C. 

24405(a). 

DATES: Written Comments: Written 

comments must be received by June 3, 

2010. 

ADDRESSES: You may submit comments 

identified by the docket number FRA– 

2010–0085 by any one of the following 

methods: 

• Fax: 1–202–493–2251; 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays; or 

• Electronically through the Federal 

eRulemaking Portal, http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions must 

include the agency name, docket name 

and docket number or Regulatory 

Identification Number (‘‘RIN’’) for this 

rulemaking. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act section of this 

document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For Further Information Contact: For 

questions about this notice, please 

contact Mr. Chris Van Nostrand, 

Attorney-Advisor, FRA Office of Chief 

Counsel, (202) 493–6058 or via e-mail at 

christopher.vannostrand@dot.gov. 

SUPPLEMENTARY INFORMATION: 

The Recovery Act requires the FRA to 

apply the Buy America provisions 

contained in PRIIA, at 49 U.S.C. 

24405(a), to grants obligated with 

Recovery Act funds. PRIIA section 

24405(a)(1) authorizes the Secretary of 

Transportation (‘‘Secretary’’) to obligate 

grant funds only if the steel, iron, and 

manufactured goods used in the project 

are produced in the United States. 

However, PRIIA section 24405(a)(2) also 

permits the Secretary to waive the Buy 

America requirements if he finds that; 

(A) applying paragraph (1) would be 

inconsistent with the public interest; (B) 

the steel, iron, and goods manufactured 

in the United States are not produced in 

sufficient and reasonably available 

amount or are not of a satisfactory 

quality; (C) rolling stock or power train 

equipment cannot be bought or 

delivered to the United States within a 

reasonable time; or (D) including 

domestic material will increase the cost 

of the overall project by more than 25 

percent. 

If the Secretary determines that it is 

necessary to waive the Buy American 

provisions, PRIIA section 24405(a)(4) 

requires that the Secretary provide 

public notice of such a finding and 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1