Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38679 

4A ‘‘not held’’ order is one in which the 

Institutional Broker has been given price and time 

discretion by its customer. See Article 1, Rule 2(w). 

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

6 15 U.S.C. 78f(b)(5). 7 17 CFR 200.30–3(a)(12). 

Generally, usage of an agency 

Quote@CHX or Reprice@CHX order by 

an Institutional Broker should be 

confined to situations in which it is 

handling a non-marketable or ‘‘not 

held’’ limit order on behalf of a 

customer.4 There may be limited 

circumstances in which it could be 

appropriate for an Institutional Broker 

handling a market order to submit a 

Quote@CHX (but not a Reprice@CHX) 

order. Institutional Brokers handling a 

customer limit order would be required 

to enter the limit price into Brokerplex 

when submitting a Quote@CHX or 

Reprice@CHX order. In pricing the 

Quote@CHX and Reprice@CHX orders, 

Brokerplex will reject any entries if the 

systematically-generated price would be 

outside the customer’s specified limit 

price. 

Our standard Matching System 

validations for locked and crossed 

markets would apply equally to these 

orders upon receipt. Neither the 

Quote@CHX nor Reprice@CHX order 

type would be available for Institutional 

Brokers submitting orders to 

destinations other than the CHX 

Matching System. The Matching System 

itself will not be eligible to receive these 

order types. As the owner and operator 

of the Brokerplex system, the Exchange 

would collect and maintain all of the 

order records relating to these two order 

types required by our rules, although 

the responsibility for the accurate entry 

of transaction-related information lies 

with the Brokerplex user. 

Our belief is that these two order 

types will permit Institutional Brokers 

to enter displayable orders in a more 

efficient manner and avoid the delays 

associated with reentering a rejected 

order at a new price. This functionality 

is optional, so an Institutional Broker 

which does not want its order priced by 

Brokerplex can simply enter a 

traditional limit order. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act in general,5 and 

furthers the objectives of Section 6(b)(5) 

in particular,6 in that it is designed to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transaction in securities, to 

remove impediments and perfect the 

mechanisms of a free and open market, 

and, in general, to protect investors and 

the public interest. In this case, 

providing Institutional Brokers with the 

ability to enter display-eligible orders 

on a more efficient basis protects 

investors and removes an impediment 

to a free and open market in that it 

improves the ability of Institutional 

Brokers to seek the best execution of the 

orders which they are handling. 

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. 

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–CHX–2009–10 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–CHX–2009–10. 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 such filing also will be 

available for inspection and copying at 

the principal office of CHX. 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 publicly available. All 

submissions should refer to File 

Number SR–CHX–2009–10 and should 

be submitted on or before August 25, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–18563 Filed 8–3–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that Buy America waivers are 

not appropriate for the use of foreign 

hollow structural section (hollow 

structural section round A500, Grade C, 

10.75 x 0.625 steel pipe) and one-inch 

diameter stainless steel anchor bolts (1 

inch diameter stainless steel, F 593, 

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38680 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

Group 6, anchor bolts) for construction 

of projects by Contra Costa County 

Public Works, CA, and Vermont Agency 

of Transportation, respectively. 

Domestic sources of these materials 

were identified through FHWA’s public 

notice process. 

DATES: Since the Buy America waiver is 

not granted, there is no effective date for 

the waiver. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via e-mail at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via e-mail 

at michael.harkins@dot.gov. Office 

hours for the FHWA are from 7:45 a.m. 

to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. This 

notice provides information regarding 

the FHWA’s finding that Buy America 

waivers are not appropriate for the use 

of: (1) The hollow structural section for 

construction of Iron Horse Trail 

Pedestrian Overcrossing Project by 

Contra Costa County Public Works in 

California, and (2) one-inch diameter 

stainless steel anchor bolts for the 

construction of East Montpelier Bridge 

project #BRF 028–3(36) by the Vermont 

Agency of Transportation. 

In accordance with Division K, 

section 130 of the ‘‘Consolidated 

Appropriations Act, 2008’’ (Pub. L. 110– 

161), the FHWA published the notices 

of intent to issue the waivers on its Web 

site for: (1) The hollow structural 

section (http://www.fhwa.dot.gov/ 

construction/contracts/ 

waivers.cfm?id=34) on June 10, and (2) 

the one-inch diameter stainless steel 

anchor bolts (http://www.fhwa.dot.gov/ 

construction/contracts/ 

waivers.cfm?id=35) on June 15. 

The FHWA received a comment from 

Independence Tube Corporation which 

claimed to have the capacity to 

manufacture the hollow structural 

section domestically. Further inquiries 

confirmed that the hollow structural 

section can be manufactured 

domestically. The FHWA received three 

comments indicating that the one-inch 

diameter stainless steel anchor bolts are 

available domestically. The Contra 

Costa County Public Works and 

Vermont Agency of Transportation have 

verified that the hollow structural 

section and the one-inch diameter 

stainless steel anchor bolts are available 

domestically; therefore, FHWA 

concludes that the materials are 

available domestically and that Buy 

America waivers are not appropriate for 

the hollow structural section and the 

one-inch diameter stainless steel anchor 

bolts. 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat.1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is not appropriate for 

these projects. The FHWA invites public 

comment on this finding for an 

additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the links provided to the 

California and Vermont waiver pages 

noted above. 

Authority: 23 U.S.C. 313; Public Law 110– 

161, 23 CFR 635.410. 

Issued on: July 29, 2009. 

King W. Gee, 

Associate Administrator for Infrastructure. 

[FR Doc. E9–18607 Filed 8–3–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Fuel Drain Valves 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of re-issuance of 

Technical Standard Order (TSO) C76, 

Fuel Drain Valves. 

SUMMARY: This notice announces the reissuance of TSO–C76, Fuel Drain 

Valves, telling manufacturers seeking 

TSO authorization (TSOA) or letter of 

design approval (LODA) what minimum 

performance standard (MPS) their Fuel 

Drain Valve must first meet for approval 

and identification with the appropriate 

TSO markings. In the event that you feel 

a need to comment on the re-issuance of 

TSO–C76, please do so to the address 

listed below. 

DATES: Comments must be received on 

or before September 3, 2009. 

ADDRESSES: Send all comments 

regarding the re-issuance of the Fuel 

Drain Valve TSO to: Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

Technical Programs and Continued 

Airworthiness Branch, 950 L’Enfant 

Plaza, SW., 5th Floor, Washington, DC 

20024. Attn.: Jim Kabbara, AIR–120. 

You may hand deliver comments to: 

Federal Aviation Administration, 

Aircraft Certification Service, Aircraft 

Engineering Division, AIR–100, 950 

L’Enfant Plaza, SW., 5th Floor, 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: Jim 

Kabbara, AIR–120, Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

AIR–100, 950 L’Enfant Plaza, SW., 5th 

Floor, Washington, DC 20024. 

Telephone: (202) 385–6335; Fax: (202) 

385–6475; or via e-mail at: 

jim.kabbara@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on the re-issuance of the TSO– 

C76 by submitting written data, views, 

or arguments to the above-specified 

address. Your comments should 

stipulate ‘‘Comments, re-issuance of 

TSO–C76.’’ All comments received may 

be examined after the comment closing 

date by visiting Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

AIR–100, 950 L’Enfant Plaza, SW., 5th 

Floor, Washington, DC 20024, weekdays 

except Federal holidays, between 8:30 

a.m. and 4 p.m. The Director, Aircraft 

Certification Service, will consider all 

comments received on or before the 

closing date before issuing the final 

notice of re-issuance. 

Background 

This TSO is being re-issued in its 

entirety. We have cancelled TSO–C76a 

because the specific requirements that 

make up the minimum performance 

standard necessary to have the Fuel 

Drain Valves be marked as TOS 

approved, provided no technical value. 

Those requirements have resulted in 

manufacturers seeking TSO approval of 

their Fuel Drain Valves to experience 

difficulties in meeting the MPS. We 

have deemed the requirements to be 

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