Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47827 

2Copies of this memorandum and order were sent 

this date by the agency’s E–Filing system to counsel 

for (1) Applicant SNC; (2) Joint Intervenors; and (3) 

the staff. 

opportunity to make the Board and/or 

the participants aware of their concerns 

about matters at issue in the proceeding. 

A written limited appearance statement 

can be submitted at any time and should 

be sent to the Office of the Secretary 

using one of the methods prescribed 

below: 

Mail to: Office of the Secretary, 

Rulemakings and Adjudications Staff, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Fax to: (301) 415–1101 (verification 

(301) 415–1966). 

E-mail to: hearing.docket@nrc.gov. 

In addition, a copy of the limited 

appearance statement should be sent to 

the Licensing Board Chairman using the 

same method at the address below: 

Mail to: Administrative Judge G. Paul 

Bollwerk, III, Atomic Safety and 

Licensing Board Panel, Mail Stop T– 

3F23, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

Fax to: (301) 415–5599 (verification 

(301) 415–7550). 

E-mail to: paul.bollwerk@nrc.gov. 

Additionally, in conjunction with 

consideration of the then-pending SNC 

application for a 10 CFR part 52 early 

site permit (ESP) for proposed Units 3 

and 4 on the VEGP site, on March 22 

and 23, 2009, the Board conducted oral 

limited appearance statement sessions 

in Waynesboro, Georgia, during which 

members of the public provided the 

Board and the parties with their views 

regarding the ESP and COL proceedings. 

At a later date, the Board may conduct 

additional oral limited appearance 

sessions regarding this COL proceeding 

at a location, or locations, in the vicinity 

of the VEGP site. Notice of any oral 

limited appearance sessions will be 

published in the Federal Register and/ 

or made available to the public at the 

NRC PDR and on the NRC Web site, 

http://www.nrc.gov. 

Documents relating to this proceeding 

are available for public inspection at the 

Commission’s PDR or electronically 

from the publicly available records 

component of NRC’s document system 

(ADAMS). ADAMS, including its 

adjudicatory proceeding-related 

Electronic Hearing Docket, is accessible 

from the NRC Web site at http:// 

www.nrc.gov/reading-rm/adams.html 

(the Public Electronic Reading Room). 

Persons who do not have access to 

ADAMS, or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800– 

397–4209, 301–415–4737, or by e-mail 

to pdr.resource@nrc.gov. 

It is so ordered. 

Dated: September 11, 2009. 

For the Atomic Safety and Licensing 

Board.2

G. Paul Bollwerk, III, 

Chairman, Rockville, Maryland. 

[FR Doc. E9–22383 Filed 9–16–09; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11868 and #11869] 

New York Disaster Number NY–00079 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of New York (FEMA–1857– 

DR), dated 09/01/2009 . 

Incident: Severe Storms and Flooding. 

Incident Period: 08/08/2009 through 

08/10/2009. 

DATES: Effective Date: 09/10/2009. 

Physical Loan Application Deadline 

Date: 11/02/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 06/01/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: 

Alan Escobar, Office of Disaster 

Assistance, U.S. Small Business 

Administration, 409 3rd Street, SW., 

Suite 6050, Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of New York, 

dated 09/01/2009, is hereby amended to 

include the following areas as adversely 

affected by the disaster. 

Primary Counties: Chenango, Cortland. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–22362 Filed 9–16–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

C3 Capital Partners II, L.P. (License No. 

07/07–0113); Notice Seeking 

Exemption Under 312 of the Small 

Business Investment Act, Conflicts of 

Interest 

Notice is hereby given that C3 Capital 

Partners II, L.P., 4520 Main Street, Suite 

1600, Kansas City, Missouri 64111– 

7700, a Federal Licensee under the 

Small Business Investment Act of 1958, 

as amended (‘‘the Act’’), in connection 

with the financing of a small concern, 

has sought an exemption under section 

312 of the Act and section 107.730, 

Financings Which Constitute Conflicts 

of Interest of the Small Business 

Administration (‘‘SBA’’) rules and 

regulations (13 CFR 107.730). C3 Capital 

Partners II, L.P., proposes to provide 

financing to Findett LLC, P.O. Box 0960, 

St. Charles, MO 63302–0960. The 

financing is contemplated for the 

acquisition of a new production facility 

and to provide working capital. 

The financing is brought within the 

purview of Sec. 107.730(a)(1) of the 

Regulations because C3 Capital Partners, 

L.P., an Associate of C3 Capital Partners 

II, L.P., currently owns greater than 10 

percent of Findett LLC, and therefore, 

Findett LLC, is considered an Associate 

of C3 Capital Partners II, L.P. as defined 

in Sec. 105.50 of the regulations. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction, within 15 

days, to the Acting Associate 

Administrator for Investment, U.S. 

Small Business Administration, 409 

Third Street, SW., Washington, DC 

20416. 

Dated: September 11, 2009. 

Harry E. Haskins, 

Acting Associate Administrator for 

Investment. 

[FR Doc. E9–22363 Filed 9–16–09; 8:45 am] 

BILLING CODE M 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60651; File Nos. 10–193 

and 10–194] 

EDGX Exchange, Inc., and EDGA 

Exchange, Inc.; Notice of Filing of 

Applications, as Amended, for 

Registration as National Securities 

Exchanges Under Section 6 of the 

Securities Exchange Act of 1934 

September 11, 2009. 

On May 7, 2009, EDGX Exchange, Inc. 

(‘‘EDGX’’), and EDGA Exchange, Inc. 

(‘‘EDGA,’’ and, together with EDGX, the 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
47828 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 

1On September 11, 2009, the Commission issued 

an order granting EDGX and EDGA exemptive 

relief, subject to certain conditions, in connection 

with the filing of their Form 1 applications. See 

Securities Exchange Act Release No. 60650. 

2 15 U.S.C. 78s(a). 

3EDGX and EDGA represented that the Step-Up 

functionality, set forth in the Form 1 applications, 

is the same functionality as Enhanced Liquidity 

Provider (‘‘ELP’’) functionality offered by Direct 

Edge ECN LLC (‘‘DECN’’). EDGX and EDGA also 

agreed to amend the Form 1 applications to comply 

with any Commission rulemaking in this area. See 

Letter from William O’Brien, Chief Executive 

Officer, Direct Edge Holdings LLC, DECN, EDGX, 

and EDGA, to James Brigagliano, Co-Acting 

Director, Division of Trading and Markets, 

Commission, dated August 10, 2009. 

1 17 CFR 240.0–12. 

2 15 U.S.C. 78mm(a)(1). 

3 17 CFR 240.6a–1(a) and 6a–2. See letter from 

Eric W. Hess, General Counsel and Secretary, EDGA 

and EDGX, to Elizabeth Murphy, Secretary, 

Commission, dated July 30, 2009 (‘‘Exemption 

Request’’). 

4Specifically, Exhibit C requires the applicant to 

provide, for each subsidiary or affiliate, and for any 

entity that operates an electronic trading system 

used to effect transactions on the exchange: (1) The 

name and address of the organization; (2) the form 

of organization; (3) the name of the State and statute 

citation under which it is organized, and the date 

of its incorporation in its present form; (4) a brief 

description of the nature and extent of the 

affiliation; (5) a brief description of the 

organization’s business or function; (6) a copy of the 

organization’s constitution; (7) a copy of the 

organization’s articles of incorporation or 

association, including all amendments; (8) a copy 

of the organization’s by-laws or corresponding rules 

or instruments; (9) the name and title of the 

‘‘Exchanges’’) submitted to the 

Securities and Exchange Commission 

(‘‘Commission’’) Form 1 applications 

under the Securities Exchange Act of 

1934 (‘‘Exchange Act’’), seeking 

registration as national securities 

exchanges under Section 6 of the 

Exchange Act.1 On July 30, 2009, the 

Exchanges each submitted Amendment 

No. 1 to their Form 1 applications. The 

Commission is publishing this notice to 

solicit comments on the Exchanges’ 

Form 1 applications, as amended. The 

Commission will take these comments 

into consideration in making its 

determination about whether to grant 

the Exchanges’ requests to be registered 

as national securities exchanges. The 

Commission will grant the registrations 

if it finds that the requirements of the 

Exchange Act and the rules and 

regulations thereunder with respect to 

the Exchanges are satisfied.2

The Exchanges’ Form 1 applications, 

as amended, provide detailed 

information on how they propose to 

satisfy the requirements of the Exchange 

Act. In general, the Exchanges, which 

are wholly-owned subsidiaries of Direct 

Edge Holdings LLC, will each operate 

separate fully automated electronic 

books for orders to buy or sell securities 

with continuous, automated matching 

functions.3 Liquidity on the Exchanges 

will be derived from orders to buy and 

orders to sell submitted to the 

Exchanges electronically by their 

respective members from remote 

locations. Neither EDGX nor EDGA will 

have a trading floor, nor will they have 

exchange specialists or market makers. 

The Exchanges’ Form 1 applications, as 

amended, are available at the 

Commission’s Public Reference Room 

and http://www.sec.gov. 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the Exchanges’ 

Form 1 applications, as amended, 

including whether the Exchanges’ 

applications, as amended, are consistent 

with the Exchange 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/other.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number(s) 10–193 (for EDGX) and 10– 

194 (for EDGA) 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(s) 10–193 (for EDGX) and 10– 

194 (for EDGA). These file number(s) 

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/other.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the Exchanges’ Form 1 

applications filed with the Commission, 

and all written communications relating 

to the application 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. 

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(s) 10–193 (for EDGX) and 10– 

194 (for EDGA) and should be submitted 

on or before November 2, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–22347 Filed 9–16–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60650] 

Order Granting Application by EDGX 

Exchange, Inc. and EDGA Exchange, 

Inc. for a Conditional Exemption 

Pursuant to Section 36(a) of the 

Exchange Act From Certain 

Requirements of Rules 6a–1 and 6a–2 

Under the Exchange Act 

September 11, 2009. 

I. Introduction 

EDGX Exchange, Inc. (‘‘EDGX’’) and 

EDGA Exchange, Inc. (‘‘EDGA,’’ and, 

together with EDGX, the ‘‘Applicants’’) 

each submitted to the Securities and 

Exchange Commission (‘‘Commission’’) 

an application on Form 1 under the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’) to register as a 

national securities exchange. In 

addition, the Applicants, pursuant to 

Rule 0–12 1 under the Exchange Act, 

have requested an exemption under 

Section 36(a)(1) of the Exchange Act 2

from certain requirements of Rules 6a– 

1(a) and 6a–2 under the Exchange Act.3

This order grants the Applicants’ 

request for exemptive relief, subject to 

the satisfaction of certain conditions, 

which are outlined below. 

II. Application for Conditional 

Exemption From Certain Requirements 

of Exchange Act Rules 6a–1 and 6a–2 

A. Filing Requirements Under Exchange 

Act Rule 6a–1(a) 

Exchange Act Rule 6a–1(a) requires an 

applicant for registration as a national 

securities exchange to file an 

application with the Commission on 

Form 1. Exhibit C to Form 1 requires the 

applicant to provide certain information 

with respect to each of its subsidiaries 

and affiliates.4 For purposes of Form 1, 


cprice-sewell on DSK2BSOYB1PROD with NOTICES