43212 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 

10 17 CFR 200.30–3(a)(12). 

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–NASDAQ–2009–076 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–NASDAQ–2009–076. 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 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 

Number SR–NASDAQ–2009–076 and 

should be submitted on or before 

September 16, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–20530 Filed 8–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6738] 

Notice of Issuance of a Presidential 

Permit for the Proposed Enbridge 

Energy Alberta Clipper Pipeline Project 

August 26, 2009. 

AGENCY: Department of State. 

ACTION: Notice of Issuance of a 

Presidential Permit for the Proposed 

Enbridge Energy Alberta Clipper 

Pipeline Project. 

SUMMARY: This notice announces that on 

August 20, 2009, the Department of 

State issued a Presidential Permit to 

Enbridge Energy, Limited Partnership 

(‘‘Enbridge’’) authorizing it to construct, 

connect, operate, and maintain facilities 

at the border of the United States and 

Canada for the transport of crude oil 

between the United States and Canada 

across the international boundary. 

On May 15, 2007, Enbridge submitted 

an application to the U.S. Department of 

State (DOS) for construction, 

connection, operation, and maintenance 

of an oil pipeline and associated 

facilities at the U.S.-Canada border to 

enable Enbridge to import heavy crude 

oil from Canada (the Alberta Clipper 

Project). 

Executive Order 13337 of April 30, 

2004, as amended, delegates to the 

Secretary of State the President’s 

authority to receive applications for 

permits for the construction, 

connection, operation, or maintenance 

of facilities, including pipelines, for the 

exportation or importation of petroleum, 

petroleum products, coal, or other fuels 

at the border of the United States and to 

issue or deny such Presidential Permits 

upon a national interest determination. 

The functions assigned to the Secretary 

have been further delegated within the 

Department of State to, inter alia, the 

Deputy Secretary of State. 

Consistent with the National 

Environmental Policy Act of 1969 

(‘‘NEPA’’), 42 U.S.C. 4321–4370f, the 

Council of Environmental Quality 

Regulations for Implementing the 

Procedural Provisions of NEPA, 40 CFR 

parts 1500–1508, and the Department’s 

regulations for the implementation of 

NEPA, 22 CFR part 161, an 

Environmental Impact Statement (EIS) 

on potential issuance of a Presidential 

Permit for the construction, connection, 

operation, and maintenance of the 

pipeline was prepared by Entrix, Inc., a 

contractor selected by the Department of 

State. 

The Department of State published in 

the Federal Register a Notification of 

Receipt of the Enbridge Application for 

a permit on May 25, 2007 (72 FR 29360). 

That notification solicited public 

comment on the application for a 30-day 

period. Thereafter, the Department 

published in the Federal Register a 

Notification of Intent to Prepare an 

Environmental Impact Statement on 

March 31, 2008 (73 FR 16920). The 

Department’s Notice of Availability of 

the Draft EIS and request for public 

comment was published in the Federal 

Register on December 5, 2008 (73 FR 

74221), seeking comments by January 

30, 2009. The Department received 850 

public comments in response to this 

notice and took them into account in 

making its determination on the 

Enbridge application. 

As required by Executive Order 

13337, the Enbridge pipeline 

application and a Draft Environmental 

Impact Statement were transmitted to 

Federal agencies for their review and 

comment on December 5, 2008. The 

Department of State received no 

objections from Federal agencies 

regarding the issuance of a permit. The 

Department published a notice of the 

availability of the Final Environmental 

Impact Statement in the Federal 

Register on June 8, 2009 (74 FR 27229). 

Consistent with its authority under 

Executive Order 13337, the Department 

reviewed all of the available information 

and documentation, including 

comments submitted by Federal and 

State agencies and the public. On 

August 3, 2009, the Secretary’s Delegate, 

Deputy Secretary James B. Steinberg, 

signed the Record of Decision and 

National Interest Determination, which 

states that issuance of the Presidential 

Permit for the Alberta Clipper Pipeline 

Project would serve the national 

interest. 

Executive Order 13337 requires that 

Secretaries or Heads of certain agencies 

be notified of the Department’s 

proposed determination concerning 

issuance of the Presidential Permit. Any 

agency required to be consulted under 

section 1(g) of the Order that disagrees 

with the proposed determination may 

notify the Secretary of State within 15 

days of being notified that it disagrees 

with the determination and request that 

the Secretary refer the application to the 

President. On August 4, 2009, as 

required under section 1(g) of the 

Executive Order, the Department 

notified all agencies of its intent to issue 

the Permit. The Department received no 

objections from notified agencies. 

On August 3, 2009, Deputy Secretary 

of State James B. Steinberg, signed the 

Presidential Permit, and on August 20, 

2009, the Department issued the Permit 

to Enbridge. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 43213 

FOR FURTHER INFORMATION CONTACT: The 

Presidential Permit, the Record of 

Decision and National Interest 

Determination, Enbridge’s application 

for a Presidential Permit, including 

associated maps and drawings, the Final 

EIS and other project information is 

available for viewing and download at 

the project Web site: http:// 

www.albertaclipper.state.gov. For 

information on the proposed project 

contact J. Brian Duggan, EEB/ESC Room 

4843, U.S. Department of State, 

Washington, DC 20520, or by telephone 

(202) 647–1291, or by fax at (202) 647– 

8758. 

Issued in Washington, DC on August 20, 

2009. 

Stephen J. Gallogly, 

Director, Office of International Energy and 

Commodity Policy, Department of State. 

[FR Doc. E9–20598 Filed 8–25–09; 8:45 am] 

BILLING CODE 4710–07–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Andean Trade Preference Act (ATPA); 

Notice Regarding the 2009 Annual 

Review 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice and request for petitions. 

SUMMARY: This notice announces the 

2009 Annual Review of the Andean 

Trade Preference Act (ATPA). Under 

this process, petitions may be filed 

calling for the limitation, withdrawal or 

suspension of ATPA or ATPDEA 

benefits by presenting evidence that the 

eligibility criteria of the program are not 

being met. USTR will publish in the 

Federal Register a list of petitions filed 

in response to this announcement and 

accepted for review. 

DATES: The deadline for the submission 

of petitions for the 2009 Annual ATPA 

Review is September 22, 2009. 

ADDRESSES: Petitions should be 

submitted electronically via the Internet 

at http://www.regulations.gov. For 

alternatives to on-line submissions 

please contact Gloria Blue, Executive 

Secretary, Trade Policy Staff Committee, 

at (202) 395–3475. 

FOR FURTHER INFORMATION CONTACT: 

Bennett M. Harman, Deputy Assistant 

U.S. Trade Representative for Latin 

America, Office of the Americas, Office 

of the United States Trade 

Representative, 600 17th St., NW., 

Washington, DC 20508. The telephone 

number is (202) 395–9446 and the 

facsimile number is (202) 395–9675. 

SUPPLEMENTARY INFORMATION: The ATPA 

(19 U.S.C. 3201–06), as renewed and 

amended by the Andean Trade 

Promotion and Drug Eradication Act 

(ATPDEA) in the Trade Act of 2002 

(Pub. L. 107–210) and extended by the 

Andean Trade Preference Act, (Pub L. 

110–436), provides for trade benefits for 

eligible Andean countries. The current 

beneficiaries of the ATPA are Colombia, 

Ecuador and Peru. Consistent with 

Section 3103(d) of the ATPDEA, USTR 

promulgated regulations (15 CFR part 

2016) (68 FR 43922) regarding the 

review of eligibility of articles and 

countries for the benefits of the ATPA, 

as amended. The 2009 Annual ATPA 

Review is the sixth such review to be 

conducted pursuant to the ATPA review 

regulations. To qualify for the benefits 

of the ATPA and ATPDEA, each country 

must meet several eligibility criteria, as 

set forth in sections 203(c) and (d), and 

section 204(b)(6)(B) of the ATPA, as 

amended (19 U.S.C. 3202(c), (d); 19 

U.S.C. 3203(b)(6)(B)). Under section 

203(e) of the ATPA, as amended (19 

U.S.C. 3202(e)), the President may 

withdraw or suspend the designation of 

any country as an ATPA or ATPDEA 

beneficiary country, and may also 

withdraw, suspend, or limit preferential 

treatment for any product of any such 

beneficiary country, if the President 

determines that, as a result of changed 

circumstances, the country is not 

meeting the eligibility criteria. 

The ATPA regulations provide the 

schedule of dates for conducting an 

annual review, unless otherwise 

specified by Federal Register notice. 

Notice is hereby given that, in order to 

be considered in the 2009 Annual ATPA 

Review, all petitions to withdraw or 

suspend the designation of a country as 

an ATPA or ATPDEA beneficiary 

country, or to withdraw, suspend, or 

limit application of preferential 

treatment to any article of any ATPA 

beneficiary country under the ATPA, or 

to any article of any ATPDEA 

beneficiary country under section 

204(b)(1), (3), or (4) (19 U.S.C. 

3202(b)(1), (3), (4)) of the ATPA, must 

be received by the Andean 

Subcommittee of the Trade Policy Staff 

Committee no later than 5 p.m. EDT on 

September 22, 2009. Petitioners should 

consult 15 CFR 2016.0 regarding the 

content of such petitions. 

Requirements for Submissions: To 

ensure the most timely and expeditious 

receipt and consideration of petitions, 

USTR has arranged to accept on-line 

submissions via http:// 

www.regulations.gov. To submit 

petitions via http:// 

www.regulations.gov, enter docket 

number USTR–2009–0024 on the home 

page and click ‘‘go’’. The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ on the left side of the searchresults page, and click on the link 

entitled ‘‘Send a Comment or 

Submission.’’ (For further information 

on using the http://www.regulations.gov 

Web site, please consult the resources 

provided on the Web site by clicking on 

‘‘How to Use This Site’’ on the left side 

of the home page.) 

The http://www.regulations.gov Web 

site provides the option of making 

submissions by filling in a ‘‘General 

Comments’’ field, or by attaching a 

document. Petitions should be 

submitted as attachments. When doing 

this it is sufficient to type ‘‘See 

attached’’ in the ‘‘General Comments’’ 

field. 

Submissions in Microsoft Word (.doc) 

or Adobe Acrobat (.pdf) are preferred. If 

you use an application other than those 

two, please identify the application in 

your submission. 

Persons wishing to file comments 

containing business confidential 

information must submit a business 

confidential version and a public 

version. The file name of the business 

confidential version should begin with 

the characters ‘‘BC’’. Any page 

containing business confidential 

information must be clearly marked 

‘‘BUSINESS CONFIDENTIAL’’ on the 

top of that page. Persons wishing to file 

comments containing business 

confidential information must also 

provide, in a separate submission, a 

public version of the comments. The file 

name of the public version should begin 

with the character ‘‘P’’. The ‘‘BC’’ and 

‘‘P’’ should be followed by the name of 

the person or entity submitting the 

comments. If you submit comments that 

contain no business confidential 

information, the file name should begin 

with the character ‘‘P’’, followed by the 

name of the person or entity submitting 

the comments. Electronic submissions 

should not attach separate cover letters; 

rather, information that might appear in 

a cover letter should be included in the 

comments you submit. Similarly, to the 

extent possible, please include any 

exhibits, annexes, or other attachments 

to a submission in the same file as the 

submission itself and not as separate 

files. 

We strongly urge submitters to use 

electronic filing. If an on-line 

submission is impossible, alternative 

arrangements must be made with Ms. 

Blue prior to delivery for the receipt of 

such submissions. Ms. Blue may be 

contacted at (202) 395–3475. General 


jlentini on DSKJ8SOYB1PROD with NOTICES