39132 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 

12 15 U.S.C. 78f(b)(5). 

13 15 U.S.C. 78s(b)(3)(A)(iii). 

14 17 CFR 240.19b–4(f)(6). 15 17 CFR 200.30–3(a)(12). 

Currently, when a DMM fails to meet 

the affirmative quote obligations set 

forth in Rule 104(a)(1)(A)–NYSE Amex 

Equities, the Exchange’s only remedy is 

to bring a formal disciplinary 

proceeding pursuant to NYSE Amex 

Disciplinary Rule 476. This is the case 

whether or not the DMM has failed to 

meet its obligations once or many times 

and regardless of whether the DMM 

made a technical error or an intentional 

one. 

The Exchange believes that the 

current regulatory approach for dealing 

with DMM quoting obligations is too 

inflexible. The Exchange recognizes that 

DMMs may, for many reasons, fail to 

meet their affirmative quote obligations 

under Rule 104(a)(1)(A)–NYSE Amex 

Equities. In some circumstances, formal 

disciplinary measures in accordance 

with NYSE Amex Disciplinary Rule 476 

are warranted. However, in other 

instances such a proceeding may be 

unwarranted, and the Exchange is of the 

view that the addition of Rule 

104(a)(1)(A)–NYSE Amex Equities to the 

list of rule violations and fines under 

Disciplinary Rule 476A will provide a 

more flexible and appropriate tool to 

enforce potential failure by DMMs to 

adhere to the quoting requirements set 

forth in the Rule, while preserving the 

Exchange’s discretion to seek formal 

discipline under the appropriate 

circumstances. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule changes are consistent 

with, and further the objectives of, 

Section 6(b)(5) of the Act,12 in that they 

are designed to prevent fraudulent and 

manipulative acts and practices, 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. The 

proposed rule changes also further the 

objectives of Section 6(b)(6), in that they 

provide for appropriate discipline for 

violations of principles of the Act, the 

rules and regulations thereunder, and 

Exchange rules and regulations. 

The Exchange believes that the 

proposed rule changes will provide the 

Exchange with greater regulatory 

flexibility to enforce the DMM quoting 

requirements set forth in Rule 

104(a)(1)(A)–NYSE Amex Equities in a 

more informal manner while also 

preserving the Exchange’s discretion to 

seek formal discipline for more serious 

transgressions as warranted. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange 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 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 13 and Rule 

19b–4(f)(6) thereunder.14 Because the 

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 

prior to 30 days from the date on which 

it was filed, 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 and Rule 19b–4(f)(6)(iii) 

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 NYSEAmex-2009–47 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 NYSEAmex–2009–47. 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 inspection and copying 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 will also be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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 

NYSEAmex–2009–47 and should be 

submitted on or before August 26, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–18668 Filed 8–4–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6720] 

Waiver of Restriction on Assistance to 

the Central Government of Tajikistan 

Pursuant to section 7088(c)(2) of the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act, 2009 (Division H, 

Pub. L. 111–8) (‘‘the Act’’), and 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 39133 

Department of State Delegation of 

Authority Number 245–1, I hereby 

determine that it is important to the 

national interest of the United States to 

waive the requirements of section 

7088(c)(1) of the Act with respect to the 

Government of Tajikistan, and I hereby 

waive such restriction. 

This determination shall be reported 

to the Congress, and published in the 

Federal Register. 

Dated: June 2, 2009. 

Jacob J. Lew, 

Deputy Secretary of State, Department of 

State. 

[FR Doc. E9–18753 Filed 8–4–09; 8:45 am] 

BILLING CODE 4710–46–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending July 18, 2009 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2004– 

18468. 

Date Filed: July 16, 2009. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: August 6, 2009. 

Description: Application of Polar Air 

Cargo Worldwide, Inc. requesting 

renewal of its certificate of public 

convenience and necessity for Route 

820 authorizing it to provide scheduled 

foreign air transportation of property 

and mail between any point or points in 

the United States, via any intermediate 

points, to a point or points in China 

open to scheduled international 

operations, and beyond to any points 

outside of China, with full traffic rights. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E9–18688 Filed 8–4–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending July 25, 2009 

The following Agreements were filed 

with the Department of Transportation 

under Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1382 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2009– 

0166. 

Date Filed: July 22, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: 

Mail Vote 605—Resolution 010e. 

TC3 Special Passenger Amending 

Resolution between Japan and China 

(excluding Hong Kong SAR and 

Macao SAR), (Memo 1310). 

Intended effective date: 05 August 2009. 

Docket Number: DOT–OST–2009– 

0169. 

Date Filed: July 23, 2009 

Parties: Members of the International 

Air Transport Association. 

Subject: 

Mail Vote 606—Resolution 010f. 

TC3 Special Passenger Amending 

Resolution From Brunei Darussalam 

to South East Asia, (Memo 1311). 

Intended effective date: 05 August 2009. 

Docket Number: DOT–OST–2009– 

0170. 

Date Filed: July 24, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: 

PTC31 N&C 0487. 

TC31 North & Central Pacific. 

TC3 (except Japan)-North America, 

Caribbean except between Korea (Rep. 

of) and USA. 

Resolution 010g, 046e. 

Special Passenger Amending Resolution 

from Korea (Rep. of) to Canada, 

Mexico, Caribbean (Memo 0487). 

Intended effective date: 7 August 2009. 

Docket Number: DOT–OST–2009– 

0171. 

Date Filed: July 24, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: 

PTC31 N&C 0487. 

TC31 North & Central Pacific. 

TC3 (except Japan)-North America, 

Caribbean between Korea (Rep. of) 

and USA. 

Resolution 010h. 

Special Passenger Amending Resolution 

from Korea (Rep. of) to USA (Memo 

0488). 

Intended effective date: 7 August 2009. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E9–18689 Filed 8–4–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2009–0001–N–18] 

Information Collection 

AGENCY: Federal Railroad 

Administration, DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Requirement (ICR) abstracted 

below has been forwarded to the Office 

of Management and Budget (OMB) for 

review and comment. The ICR describes 

the nature of the information collection 

and its expected burden. The Federal 

Register notice with a 60-day comment 

period soliciting comments on the 

following collection of information was 

published on May 21, 2009 (74 FR 

23927). 

DATES: Comments must be submitted on 

or before September 4, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Safety, 

Planning and Evaluation Division, RRS– 

21, Federal Railroad Administration, 

1200 New Jersey Ave., SE., 3rd Floor, 

Mail Stop 25, Washington, DC 20590 

(telephone: (202) 493–6292), or Ms. 

Nakia Jackson, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., 3rd Floor, Mail Stop 35, 

Washington, DC 20590 (telephone: (202) 

493–6073). (These telephone numbers 

are not toll-free.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, Section 2, 

109 Stat. 163 (1995) (codified as revised 

at 44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR Part 

1320, require Federal agencies to issue 


srobinson on DSKHWCL6B1PROD with NOTICES