7302 Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(2). 13 17 CFR 200.30–3(a)(12). 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

other charges among persons using its 

facilities. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE does not believe that the 

proposed rule change will 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 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule change 

establishes or changes a due, fee, or 

other charge imposed by the Exchange, 

it has become effective pursuant to 

Section 19(b)(3)(A) of the Act 11 and 

subparagraph (f)(2) of Rule 19b–4 12

thereunder. 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 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–CBOE–2010–010 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–CBOE–2010–010. 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 No. SR–CBOE– 

2010–010 and should be submitted on 

or before March 11, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3077 Filed 2–17–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–33 (Sub-No. 248X)] 

Union Pacific Railroad Company— 

Abandonment Exemption—in Polk 

County, IA 

Union Pacific Railroad Company (UP) 

has filed a verified notice of exemption 

under 49 CFR 1152 Subpart F—Exempt 

Abandonments to abandon a portion of 

its line of railroad known as the 

Bondurant Industrial Lead, extending 

from milepost 225.56 near Berwick to 

milepost 232.80 near Bondurant, a 

distance of 7.24 miles, in Polk County, 

IA. The line traverses United States 

Postal Service Zip Codes 50317, 50032, 

50021, 50009, and 50035. 

UP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic to be rerouted; (3) no formal 

complaint filed by a user of rail service 

on the line (or by a state or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Surface Transportation Board (Board) or 

with any U.S. District Court or has been 

decided in favor of complainant within 

the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental report), 49 CFR 1105.8 

(historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on March 

20, 2010, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),2 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by March 1, 

2010. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by March 10, 

2010, with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to UP’s 

representative: Mack H. Shumate, Jr., 

Senior General Attorney, 101 North 

Wacker Drive, Room 1920, Chicago, IL 

60606. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices 7303 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Each OFA must be accompanied by the filing 

fee, which currently is set at $1,500. See 49 CFR 

1002.2(f)(25). 

3UP notes that the property proposed for 

abandonment is not suitable for public purposes. 

UP has filed a combined 

environmental and historic report 

addressing the effects, if any, of the 

abandonment on the environment and 

historic resources. SEA will issue an 

environmental assessment (EA) by 

February 23, 2010. Interested persons 

may obtain a copy of the EA by writing 

to SEA (Room 1100, Surface 

Transportation Board, Washington, DC 

20423–0001) or by calling SEA, at (202) 

245–0305. [Assistance for the hearing 

impaired is available through the 

Federal Information Relay Service 

(FIRS) at 1–800–877–8339.] Comments 

on environmental and historic 

preservation matters must be filed 

within 15 days after the EA becomes 

available to the public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), UP shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

UP’s filing of a notice of consummation 

by February 18, 2011, and there are no 

legal or regulatory barriers to 

consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: February 12, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2010–3070 Filed 2–17–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–33 (Sub-No. 279X)] 

Union Pacific Railroad Company— 

Abandonment Exemption—in Polk 

County, IA 

Union Pacific Railroad Company (UP) 

has filed a verified notice of exemption 

under 49 CFR 1152 Subpart F—Exempt 

Abandonments to abandon .20 miles of 

a line of railroad on the Ankeny 

Industrial Lead from milepost 10.50 in 

Ankeny to milepost 10.70 in Ankeny, in 

Polk County, IA. The line traverses 

United States Postal Service Zip Code 

50021. 

UP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line to be rerouted; (3) no 

formal complaint filed by a user of rail 

service on the line (or by a state or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Surface Transportation Board (Board) or 

with any U.S. District Court or has been 

decided in favor of complainant within 

the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental report), 49 CFR 1105.8 

(historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on March 

20, 2010, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),2 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by March 1, 

2010. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by March 10, 

2010,3 with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to UP’s 

representative: Mack H. Shumate, Jr., 

Senior General Attorney, 101 North 

Wacker Drive, Room 1920, Chicago, IL 

60606. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

UP has filed a combined 

environmental and historic report, 

which addresses the effects, if any, of 

the abandonment on the environment 

and historic resources. SEA will issue 

an environmental assessment (EA) by 

February 23, 2010. Interested persons 

may obtain a copy of the EA by writing 

to SEA (Room 1100, Surface 

Transportation Board, Washington, DC 

20423–0001) or by calling SEA at (202) 

245–0305. [Assistance for the hearing 

impaired is available through the 

Federal Information Relay Service 

(FIRS) at 1–800–877–8339.] Comments 

on environmental and historic 

preservation matters must be filed 

within 15 days after the EA becomes 

available to the public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), UP shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

UP’s filing of a notice of consummation 

by February 18, 2011, and there are no 

legal or regulatory barriers to 

consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at 

www.stb.dot.gov. 

Decided: February 12, 2010. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2010–3068 Filed 2–17–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35350] 

Drake Cement, LLC—Acquisition 

Exemption—Clarkdale Arizona Central 

Railroad, LLC 

Drake Cement, LLC (DC), a noncarrier, 

has filed a verified notice of exemption 

under 49 CFR 1150.31 for DC to acquire 

from Clarkdale Arizona Central 

Railroad, LLC, approximately 4.12 miles 

of rail lines, located near Drake, Yavapai 

County, AZ, as follows: (1) A railroad 

yard consisting of six tracks (Tracks 

A–F) totaling approximately 3.46 miles 

(the Yard); and (2) two tracks (Track G 

and H) that extend approximately 0.66- 

miles, between Track C in the Yard and 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES