46476 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 

11 15 U.S.C. 78s(b)(3)(A). 

12 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 fiveday pre-filing requirement. 

13 17 CFR 240.19b–4(f)(6). 

14 17 CFR 240.19b–4(f)(6). 

15For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

16See supra notes 6–7. 17 17 CFR 200.30–3(a)(12). 

average closing price of at least $1.00 for 

30 consecutive trading days, which 

evidences those companies’ suitability 

for continued listing. 

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 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing 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 for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 11 and Rule 19b– 

4(f)(6) thereunder.12

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 13 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6) 14

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. The Exchange has 

requested that the Commission waive 

the 30-day operative delay because the 

Exchange believes that: (i) Doing so will 

avoid potential confusion and 

inconsistent treatment of companies 

that could arise if the Exchange was 

unable to apply this provision on 

August 31, after having applied such a 

provision during the temporary 

suspension period, and then doing so 

again on September 30 after the filing 

becomes operative, (ii) such a waiver 

will allow the Exchange to implement a 

standard substantially similar to that in 

place at Nasdaq, and (iii) the 

Commission has previously published 

for public comment the temporary 

suspension of the dollar price continued 

listing standard (which included the 

same early cure provision as proposed 

in this filing) and received no 

comments. 

The Commission believes that 

waiving the 30-day operative delay 15 is 

consistent with the protection of 

investors and the public interest. As 

noted by the NYSE, the proposal was 

previously published for comment and 

implemented during the temporary 

suspension of the dollar price continued 

listing standard.16 The Commission 

received no comments on this change. 

In addition, the proposal will avoid 

confusion as to the applicable 

compliance period and is not 

inconsistent with how NASDAQ applies 

its compliance period. For these 

reasons, the Commission believes it is 

appropriate to waive the 30-day 

operative delay, allowing the proposed 

rule change to become operative upon 

filing. 

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–NYSE–2009–88 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–NYSE–2009–88. 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 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 publicly available. All 

submissions should refer to File 

Number SR–NYSE–2009–88 and should 

be submitted on or before September 30, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–21646 Filed 9–8–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6741] 

Shipping Coordinating Committee; 

Notice of Subcommittee Meeting 

The Shipping Coordinating 

Committee (SHC) will conduct an open 

meeting at 11 a.m. on Wednesday, 

September 23, 2009, in Room 1422 of 

the United States Coast Guard 

Headquarters Building, 2100 Second 

Street, SW., Washington, DC 20593– 

0001. The primary purpose of the 

meeting is to prepare for the ninetysixth Session of the International 

Maritime Organization (IMO) Legal 

Committee (LEG) to be held be held at 

the IMO Headquarters, United Kingdom, 

from October 5 to October 9, 2009. 

The primary matters to be considered 

include: 

—Adoption of the agenda 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46477 

1RTD is a political subdivision of the State of 

Colorado. 

2A motion to dismiss has been filed in this 

proceeding. The motion will be addressed in a 

subsequent Board decision. 

—Decisions of other IMO bodies 

—Consideration and adoption of 

amendments to mandatory 

instruments 

—Measures to enhance maritime 

security 

—Goal-based new ship construction 

standards 

—LRIT-related matters 

—Technical assistance sub-programme 

in maritime safety and security 

—Capacity-building for the 

implementation of new measures 

—Role of the human element 

—Formal safety assessment 

—Piracy and armed robbery against 

ships 

—General cargo ship safety 

—Reports of six subcommittees—Ship 

design and equipment, Training and 

Watchkeeping, Radiocommunications 

and Search and Rescue, Flag State 

Implementation, Safety of Navigation, 

Stability, Load Lines and Fishing 

Vessel Safety, Dangerous Goods, Solid 

Cargoes and Containers 

—Relations with other organizations 

—Election of Chairman and ViceChairman for 2009 

Members of the public may attend 

this meeting up to the seating capacity 

of the room. To facilitate the building 

security process, those who plan to 

attend should contact the meeting 

coordinator, Bronwyn G. Douglass, by email at bronwyn.douglass@uscg.mil, by 

phone at (202) 372–3792, by fax at (202) 

372–3972, or in writing at Commandant 

(CG–0941), U.S. Coast Guard, 2100 2nd 

Street, SW., STOP 7121, Washington, 

DC 20593–7121 not later than 72 hours 

before the meeting. Please note that due 

to security considerations, two valid, 

government issued photo identifications 

must be presented to gain entrance to 

the Headquarters building. The 

Headquarters building is accessible by 

taxi and privately owned conveyance 

(public transportation is not generally 

available). However, parking in the 

vicinity of the building is extremely 

limited. A member of the public 

needing reasonable accommodation 

should make his or her request by 

September 16th. Requests submitted 

after that date will be considered, but 

might not be able to be fulfilled. 

Additional information regarding this 

and other IMO SHC public meetings 

may be found at: http://www.uscg.mil/ 

hq/cg5/imo. 

Dated: September 2, 2009. 

J. Trent Warner, 

Executive Secretary, Shipping Coordinating 

Committee, Department of State. 

[FR Doc. E9–21691 Filed 9–8–09; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF STATE 

[Public Notice 6739] 

Notice of Public Meeting 

SUMMARY: The U.S. Department of State, 

Bureau of Oceans and International 

Environmental and Scientific Affairs 

(OES), Office of Marine Conservation 

announces that the Advisory Panel to 

the U.S. Section of the North Pacific 

Anadromous Fish Commission will 

meet on September 23, 2009. 

DATES: The meeting will take place via 

teleconference on September 23, 2009 

from 1 p.m. to 3 p.m. Eastern time. 

Meeting Details: The teleconference 

call-in number is toll-free 1–888–456– 

0348, passcode 20935, and will have a 

limited number of lines for members of 

the public to access from anywhere in 

the United States. Callers will hear 

instructions for using the passcode and 

joining the call after dialing the toll-free 

number noted. Members of the public 

wishing to participate in the 

teleconference must contact the OES 

officer in charge as noted in the FOR

FURTHER INFORMATION CONTACT section 

below no later than close of business on 

Monday, September 21, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

Field, Office of Marine Conservation, 

OES, Room 2758, U.S. Department of 

State, 2201 C Street, NW., Washington, 

DC 20520. Telephone (202) 647–3263, 

fax (202) 736–7350, e-mail 

fieldjd@state.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the requirements of the 

Federal Advisory Committee Act, notice 

is given that the Advisory Panel to the 

U.S. Section of the North Pacific 

Anadromous Fish Commission (NPAFC) 

will meet on the date and time noted 

above. The panel consists of members 

from the states of Alaska and 

Washington who represent the broad 

range fishing and conservation interests 

in anadromous and ecologically related 

species in the North Pacific. Certain 

members also represent relevant state 

and regional authorities. The panel was 

established in 1992 to advise the U.S. 

Section of the NPAFC on research needs 

and priorities for anadromous species, 

such as salmon, and ecologically related 

species occurring in the high seas of the 

North Pacific Ocean. The upcoming 

Panel meeting will focus on three major 

topics: (1) Review of the agenda for the 

2009 annual meeting of the NPAFC 

(November 2–6, 2009; Niigata, Japan); 

(2) logistics for the U.S. Section at the 

NPAFC meeting; and (3) the future 

status of the Panel. Background material 

is available from the point of contact 

noted above and by visiting http:// 

www.npafc.org. 

Dated: September 1, 2009. 

William Gibbons-Fly, 

Director, Office of Marine Conservation, 

Department of State. 

[FR Doc. E9–21702 Filed 9–8–09; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35252] 

Regional Transportation District— 

Acquisition Exemption—Union Pacific 

Railroad Company in Adams, Boulder, 

Broomfield, and Weld, CO 

Regional Transportation District 

(RTD),1 a noncarrier, has filed a verified 

notice of exemption under 49 CFR 

1150.31 to acquire from Union Pacific 

Railroad Company (UP) approximately 

32.97 miles of rail line, known as the 

Boulder Industrial Lead, extending from 

milepost 0.2 (north of Denver) to 

approximately milepost 33.17, 

including the Lakeside Spur (Boulder 

County), in the Counties of Adams, 

Boulder, Broomfield, and Weld, CO. 

According to RTD, UP will retain an 

exclusive freight easement for the 

trackage on the Boulder Industrial Lead, 

and UP will retain the exclusive right to 

operate freight service on the entire line. 

RTD states that the transaction was 

agreed upon on June 25, 2009. The 

earliest this transaction may be 

consummated is September 23, 2009, 

the effective date of the exemption (30 

days after the exemption is filed). 

According to RTD, it will acquire no 

right or obligation to provide freight rail 

service on the Boulder Industrial Lead, 

and it is acquiring the property for the 

purpose of providing intrastate 

passenger commuter rail operations. 

RTD certifies that its projected annual 

revenues as a result of this transaction 

will not result in the creation of a Class 

II or Class I rail carrier. 

If the notice contains false or 

misleading information, the exemption 

is void ab initio.2 Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke does not 

automatically stay the transaction. 

Petitions for stay must be filed no later 

than September 16, 2009 (at least 7 days 


cprice-sewell on DSK2BSOYB1PROD with NOTICES