41780 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 

17 15 U.S.C. 78s(b)(3)(A)(iii). 

18 17 CFR 240.19b–4(f)(6). 

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

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

the Commission written notice of its intent to file 

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 satisfied the 

requirement. 

20 17 CFR 240.19b–4(f)(6). 

21 17 CFR 240.19b–4(f)(6)(iii). 

22For purposes only of waiving the 30-day 

operative delay of the proposal, the Commission 

has considered the proposed rule’s impact on 

efficiency, competition and capital formation. 15 

U.S.C. 78c(f). 23 17 CFR 200.30–3(a)(12). 

FINRA Rules of similar purpose, 

resulting in less burdensome and more 

efficient regulatory compliance for their 

common members and member 

organizations. To the extent the 

Exchange has proposed changes that 

differ from the NYSE version of these 

Rules, such changes are technical in 

nature and do not change the substance 

of the proposed NYSE Amex Equities 

Rules. 

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 17 and Rule 

19b–4(f)(6) thereunder.18 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.19

A proposed rule change filed under 

Rule 19b–4(f)(6) 20 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),21 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has asked the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Commission believes 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest. 

Acceleration of the operative date will 

allow the immediate change of the 

NYSE Amex’s rule to make it consistent 

with the FINRA rule, thereby making 

compliance for dual members less 

burdensome. For these reasons, the 

Commission designates the proposal to 

be effective and operative upon filing.22

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–NYSEAMEX–2009–52 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–NYSEAMEX–2009–52. 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 also will be available 

for inspection and copying at the 

principal office of NYSE. 

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–NYSEAMEX–2009–52 and 

should be submitted on or before 

September 8, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.23

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19731 Filed 8–17–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA–2009–0041] 

Agency Information Collection Activity 

Under OMB Review 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of request for comments. 

SUMMARY: The Federal Transit 

Administration invites public comment 

about our intention to request the Office 

of Management and Budget’s (OMB) to 

approve the following new information 

collection: 49 U.S.C. Section 5339— 

Alternatives Analysis Program (OMB 

Number: 2132–NEW). The Federal 

Register Notice with a 60-day comment 

period soliciting comments was 

published on May 13, 2009. 

DATES: Comments must be submitted 

before September 17, 2009. A comment 

to OMB is most effective if OMB 

receives it within 30 days of 

publication. 

FOR FURTHER INFORMATION CONTACT: 

LaStar Matthews, Office of 

Administration, Office of Management 

Planning, (202) 366–2295. 

SUPPLEMENTARY INFORMATION: 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 41781 

Title: 49 U.S.C. Section 5339— 

Alternatives Analysis Program. 

Abstract: Under Section 3037 of the 

Safe, Accountable, Flexible, Efficient 

Transportation Act—A Legacy for Users 

(SAFETEA–LU), the Alternatives 

Analysis Program (49 U.S.C. 5339) 

provides grants to States, authorities of 

the States, metropolitan planning 

organizations, and local government 

authorities to develop studies as part of 

the transportation planning process. The 

purpose of the Alternatives Analysis 

Program is to assist in financing the 

evaluation of all reasonable modal and 

multimodal alternatives and general 

alignment options for identified 

transportation needs in a particular, 

broadly defined travel corridor. The 

transportation planning process of 

Alternatives Analysis includes an 

assessment of a wide range of public 

transportation or multimodal 

alternatives, which will address 

transportation problems within a 

corridor or subarea; provides ample 

information to enable the Secretary to 

make the findings of project justification 

and local financial commitment; 

supports the selection of a locally 

preferred alternative; and enables the 

local Metropolitan Planning 

Organization to adopt the locally 

preferred alternative as part of the longrange transportation plan. FTA intends 

to evaluate program implementation by 

collecting information such as project 

milestones and financial status reports. 

Estimated Total Annual Burden: 28 

hours for each of the respondents. 

ADDRESSES: All written comments must 

refer to the docket number that appears 

at the top of this document and be 

submitted to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, 725—17th 

Street, NW., Washington, DC 20503, 

Attention: FTA Desk Officer. 

Comments are Invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued: August 12, 2009. 

Ann M. Linnertz, 

Associate Administrator for Administration. 

[FR Doc. E9–19711 Filed 8–17–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: Erie 

and Cattaraugus Counties, NY 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Intent. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that a 

Supplemental Environmental Impact 

Statement (SEIS) will be prepared for 

the proposed highway improvement 

project: US Route 219 Springville to 

Salamanca, NY Route 39 to NY Route 17 

(I–86), Erie & Cattaraugus Counties, New 

York. A Reevaluation of the 2003 FEIS 

was completed in May 2009; NYSDOT 

and FHWA concluded that a SEIS for 

the un-built portion of the project was 

required due to (i) significant increase 

in the area of identified wetlands in the 

project corridor, and (ii) observed 

changes in traffic growth rates for some 

segments of existing Route 219 that may 

influence the safety and operational 

characteristics of the previously 

identified alternatives. These issues will 

be evaluated and presented through the 

development of the SEIS. FHWA 

intends to utilize the environmental 

review provisions afforded under 

Section 6002 of the Safe, Accountable, 

Flexible, Efficient, Transportation 

Equity Act: A Legacy for Users 

(SAFETEA–LU) in the development of 

the SEIS. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey W. Kolb, P.E., Division 

Administrator, Federal Highway 

Administration, New York Division, Leo 

W. O’Brien Federal Building, 7th Floor, 

Suite 719, Clinton Avenue and North 

Pearl Street, Albany, New York 12207, 

Telephone: (518) 431–4127. Or Alan E. 

Taylor, P.E., Regional Director, 

NYSDOT Region 5; 100 Seneca Street, 

Buffalo, NY 14203, Telephone: (716) 

847–3238. 

SUPPLEMENTARY INFORMATION: The 

Federal Highway Administration 

(FHWA), in cooperation with the New 

York State Department of 

Transportation (NYSDOT) will prepare 

a Supplemental Environmental Impact 

Statement (SEIS) to supplement the 

2003 Final Environmental Impact 

Statement (FEIS) completed for the US 

Route 219, Springville to Salamanca, 

project. The SEIS will address the 

segment of Route 219 between the Town 

of Ashford and Interstate 86 near the 

City of Salamanca, all in Cattaraugus 

County, New York. The proposed 

improvement would involve the 

construction of a new route or the 

upgrade and rehabilitation of the 

existing route for a distance of about 25 

miles. This project is necessary for the 

continuation of a modern and efficient 

transportation facility and trade corridor 

from the Greater Buffalo-Niagara region, 

at the US/Canadian border, to the I–86 

corridor near the City of Salamanca. 

Depending on the alternative selected, 

the project may include interchanges, 

access management practices, and bypasses around population centers. 

Alternatives under consideration 

include (1) the Null Alternative: taking 

no action; (2) the Upgrade Alternative: 

widening the existing two-lane highway 

to four lanes with the possible inclusion 

of population center by-passes; and (3) 

the Freeway Alternative: constructing a 

four-lane, limited access freeway on 

new location. 

Letters describing the proposed action 

and soliciting comments will be sent to 

appropriate Federal, State, and local 

agencies, along with private 

organizations and citizens who have 

previously expressed interest in this 

action and/or the 2003 FEIS. The public 

and agencies will be offered an 

opportunity to comment on the Purpose 

and Need, range of alternatives, level of 

detail, methodologies, etc. This will be 

accomplished through a series of 

coordination/stakeholder meetings. 

Subsequent to the coordination/ 

stakeholder meetings, public 

information meetings will be held 

throughout the development of the SEIS 

in Ellicottville and Great Valley in 2010 

and 2011. In addition, formal National 

Environmental Policy Act (NEPA) 

public hearings will be conducted. 

Public notice will be given of the time 

and place of the meetings and hearings. 

The Draft SEIS will be available for 

public and agency review and comment. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action and the SEIS should be 

directed to the New York State 

Department of Transportation or the 

Federal Highway Administration at the 

addresses provided above. Please 

identify all correspondence regarding 

this project as: PIN 5101.84, US Route 

219, Springville to Salamanca, NY 

Route 39 to NY Route 17 (I–86)—SEIS, 

Erie & Cattaraugus Counties, New York. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Research, 

Planning and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 


jlentini on DSKJ8SOYB1PROD with NOTICES