Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 45269 

13 17 CFR 200.30–3(a)(12). 

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 

No. SR–BATS–2009–028 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 No. 

SR–BATS–2009–028. 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 BATS. 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–BATS–2009–028 and should be 

submitted on or before September 22, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–20988 Filed 8–31–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 6748] 

60–Day Notice of Proposed 

Information Collection: DS 3072, 

Emergency Loan Application and 

Evacuation Documentation, OMB 

Control Number 1405–0150 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Emergency Loan Application and 

Evacuation Documentation. 

• OMB Control Number: OMB 

Control Number 1405–0150. 

• Type of Request: Revision of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Consular Affairs, Overseas Citizens 

Services (CA/OCS). 

• Form Number: DS 3072. 

• Respondents: U.S. Citizens 

applying for emergency loan assistance 

or evacuation processing. 

• Estimated Number of Respondents: 

1,176. 

• Estimated Number of Responses: 

1,176. 

• Average Hours Per Response: 10 

minutes. 

• Total Estimated Burden: 196 hours. 

• Frequency: On Occasion. 

• Obligation to Respond: Required to 

Obtain or Retain a Benefit. 

DATES: The Department will accept 

comments from the public up to 60 days 

from September 1, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: ASKPRI@state.gov. 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

CA/OCS/PRI, SA–29, 4th Floor, 

Washington, DC 20520. 

• Fax: 202–736–9111. 

• Hand Delivery or Courier: U.S. 

Department of State, CA/OCS/PRI, 2100 

Pennsylvania Avenue, 4th Floor, 

Washington, DC 20037. 

You must include the DS form number 

(if applicable), information collection 

title, and OMB control number in any 

correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

Derek A. Rivers, Bureau of Consular 

Affairs, Overseas Citizens Services (CA/ 

OCS/PRI), U.S. Department of State, 

SA–29, 4th Floor, Washington, DC 

20520, who may be reached on (202) 

736–9082 or ASKPRI@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit the 

Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our 

functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Abstract of Proposed Collection 

The purpose of the DS–3072 is to 

process emergency loans for destitute 

citizens and to document the safe and 

efficient evacuation of private United 

States citizens, dependents and third 

country nationals from abroad. The 

information will be used to process the 

emergency loan, facilitate reception and 

resettlement assistance in the U.S. and 

for debt collection. Respondents are 

private U.S. citizens and their 

dependents abroad who are destitute 

and in need of repatriation to the U.S.; 

private U.S. citizens and their 

dependents abroad who are in need of 

emergency medical and dietary 

assistance who are unable to obtain 

such services otherwise; and private 

U.S. citizens abroad and their 

dependents and third country nationals 

who are in need of evacuation when 

their lives are endangered by war, civil 

unrest, or natural disaster. 

Methodology 

The Bureau of Consular Affairs will 

be posting this form on Department of 

mstockstill on DSKH9S0YB1PROD with NOTICES

45270 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 

State websites to give respondents the 

opportunity to fill the form out online 

or print out the form and fill it out 

manually and submit the form in person 

or by fax or mail. 

Dated: July 10, 2009. 

Mary Ellen Hickey, 

Managing Director, Bureau of Consular 

Affairs, Department of State. 

[FR Doc. E9–21088 Filed 8–31–09; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF STATE 

[Public Notice 6747] 

Culturally Significant Object Imported 

for Exhibition Determinations: ‘‘Luc 

Tuymans’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the object in the 

exhibition: ‘‘Luc Tuymans,’’ imported 

from abroad for temporary exhibition 

within the United States, is of cultural 

significance. The object is imported 

pursuant to a loan agreement with the 

foreign owner or custodian. I also 

determine that the exhibition or display 

of the exhibit object at the Wexner 

Center for the Arts, Columbus, OH, from 

on or about September 20, 2009, until 

on or about January 3, 2010; San 

Francisco Museum of Modern Art, San 

Francisco, CA, from on or about 

February 13, 2010, until on or about 

May 16, 2010; Dallas Museum of Art, 

Dallas, TX, from on or about June 13, 

2010, until on or about September 6, 

2010; Museum of Contemporary Art, 

Chicago, IL, from on or about October 2, 

2010, until on or about January 9, 2011, 

and at possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit object, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

address is U.S. Department of State, 

L/PD, SA–5, 2200 C Street, NW., Suite 

5H03, Washington, DC 20522–0505. 

Dated: August 25, 2009 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. E9–21086 Filed 8–31–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–1999–6439, Notice No. 20] 

Adjustment of Nationwide Significant 

Risk Threshold 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Adjustment of 

Nationwide Significant Risk Threshold. 

SUMMARY: In accordance with Appendix 

D to Title 49 Code of Federal 

Regulations (CFR) part 222, Use of 

Locomotive Horns at Highway-Rail 

Grade Crossings, FRA is updating the 

Nationwide Significant Risk Threshold 

(NSRT). This action is needed to ensure 

that the public has the proper threshold 

of permissible risk for calculating quiet 

zones established in relationship to the 

NSRT. This is the third update to the 

NSRT, which is being increased to 

18,775 from 17,610. 

DATES: The effective date is September 

1, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald Ries, Office of Railroad Safety, 

FRA, 1200 New Jersey Avenue, SE., 

Washington, DC 20590 

(telephone: 202–493–6299 or e-mail: 

Ronald.Ries@dot.gov); or Kathryn 

Shelton, Office of Chief Counsel, FRA, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

(telephone: 202–493–6038 or e-mail: 

Kathryn.Shelton@dot.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

The NSRT is simply an average of the 

risk indexes for gated public crossings, 

nationwide, where train horns are 

routinely sounded. FRA developed this 

risk index to serve as one threshold of 

permissible risk for quiet zones 

established under this rule across the 

Nation. Thus, a community that is 

trying to establish and/or maintain its 

quiet zone pursuant to 49 CFR part 222 

can compare the Quiet Zone Risk Index 

calculated for its specific crossing 

corridor to the NSRT to determine 

whether sufficient measures have been 

taken to compensate for the excess risk 

that results from prohibiting routine 

sounding of the locomotive horn. 

(Alternatively, a community can 

establish its quiet zone in comparison to 

the Risk Index With Horns, which is a 

corridor-specific measure of risk to the 

motoring public, when locomotive 

horns are routinely sounded at every 

public highway-rail grade crossing 

within the quiet zone.) 

In 2006, when the final rule titled, 

‘‘Use of Locomotive Horns at HighwayRail Grade Crossings,’’ was amended, 

the NSRT was 17,030 (71 FR 47614, 

Aug. 17, 2006). In 2007, FRA 

recalculated the NSRT to be 19,047 (72 

FR 14850, Mar. 29, 2007). In 2008, FRA 

recalculated the NSRT to be 17,610 (73 

FR 30661, May 28, 2008). 

New NSRT 

Using collision data from 2004 to 

2008, FRA has recalculated the NSRT 

based on formulas identified in 

Appendix D to 49 CFR part 222. In 

making this recalculation, FRA noted 

that the total number of gated, nonwhistle-ban crossings was 39,065. 

Fatality Fatalities

Fatal

Injur

 Rate

 Incidents = = = 287

358

1 2474 .

y Injuries

Injury

 Rate in Injury-Only Incidents

-Only Incid = ents = = 708

1008

1 4237 .

Applying the fatality rate and injury 

rate to the probable number of fatalities 

and casualties predicted to occur at each 

of the 39,065 identified crossings and 

the predicted cost of the associated 

injuries and fatalities, FRA calculates 

the NSRT to be 18,775. 


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