60-Day Notice of Proposed Information Collection: Form DS-3057, Medical Clearance Update, OMB 1405-0131, 62444-62445 [2010-25430]
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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices
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,
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3 See
Securities Exchange Act Release No. 62724
(August 16, 2010), 75 FR 51509 (‘‘Notice’’).
4 A 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.
5 Public Customer is defined in Chapter I, Section
1(a)(48) as a person that is not a broker or dealer
in securities.
6 The 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.
7 According 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).
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15:29 Oct 07, 2010
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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
8 See
Notice, supra note 3.
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).
10 According to NASDAQ, NOM only accepts
orders that are marked as customer, firm, market
maker, or away market maker orders.
11 See, 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).
9 The
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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
Notice of request for public
comments.
ACTION:
The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
SUMMARY:
13 See
supra note 9.
U.S.C. 78s(b)(2).
15 17 CFR 200.30–3(a)(12).
14 15
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erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Notices
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
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15:29 Oct 07, 2010
Jkt 223001
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
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.
SUMMARY:
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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 https://
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.
FOR FURTHER INFORMATION CONTACT:
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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Agencies
[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Pages 62444-62445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25430]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 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