Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 49431 

22 17 CFR 200.30–3(a)(12). 

1 15 U.S.C.78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4Amendment No. 1 supersedes and replaces the 

original filing in its entirety. 

5The Commission notes that the rule text makes 

clear that personal portable or wireless 

communication devices can only be used outside of 

the Trading Floor and all other restricted access 

areas. 

6The Exchange’s corporate affiliate, NYSE Amex 

LLC (‘‘NYSE Amex’’), has submitted a companion 

filing. See SR–NYSE–Amex–2009–57. The 

Commission notes that the rule text makes clear 

that personal portable or wireless communication 

devices can only be used outside of the Trading 

Floor and all other restricted access areas. See supra 

note 5. 

7Prior to the implementation of a pilot program 

in 2003, Rule 36 prohibited, inter alia, the use of 

any portable or wireless communication devices on 

the Floor of the Exchange. In 2003, the Commission 

approved a six-month pilot program under NYSE 

Rule 36 for the use of portable phones by Floor 

brokers on the Floor of the Exchange, which was 

subsequently extended several times to June 30, 

Continued 

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–2009–57. 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 

Section, 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 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–NYSEAmex–2009–57 and 

should be submitted on or before 

October 19, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23305 Filed 9–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60691; File No. SR–NYSE– 

2009–84] 

Self-Regulatory Organizations; Notice 

of Filing of Proposed Rule Change by 

New York Stock Exchange LLC, as 

Modified by Amendment No. 1, 

Amending NYSE Rule 36 To Permit the 

Use of Personal Portable or Wireless 

Communication Devices Off the 

Exchange Trading Floor and Outside 

Other Restricted Access Areas 

September 18, 2009. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b-4 thereunder,3

notice is hereby given that, on August 

27, 2009, New York Stock Exchange 

LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change, as described in 

Items I, II, and III below, which Items 

have been prepared by the Exchange. 

On September 17, 2009, the Exchange 

filed Amendment No. 1 to the proposed 

rule change.4 The Commission is 

publishing this notice to solicit 

comments on the proposed rule change, 

as modified by Amendment No. 1, from 

interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

NYSE Rule 36 (Communications 

Between Exchange and Members’ 

Offices) to permit the use of personal 

portable or wireless communication 

devices off the Exchange Trading Floor. 

Amendment No. 1 supersedes the 

original filing in its entirety. 

Amendment No. 1 serves to clarify in 

the rule text the specific areas where 

employees of member organizations are 

permitted to use personal portable or 

wireless communications devices.5 The 

text of the proposed rule change is 

available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

This Amendment No. 1 to SR–NYSE– 

2009–84 supersedes and replaces the 

original filing in its entirety. 

The purpose of the proposed rule 

changes is to amend NYSE Rule 36 

(Communications Between Exchange 

and Members’ Offices) to permit the use 

of personal portable or wireless 

communication devices off the 

Exchange Trading Floor.6

Current Rule 36 

NYSE Rule 36 prohibits members and 

member organizations from establishing 

or maintaining any telephonic or 

electronic communication, including 

the usage of any portable or wireless 

communication devices (i.e. cellular 

phone, wireless pager, BlackBerryTM

etc.), between the Floor and any other 

location without prior Exchange 

approval. 

Under Rule 36, notwithstanding the 

general prohibition on the use of 

portable or wireless communication 

devices, Floor brokers may use 

Exchange authorized and issued 

portable phones on the Floor to 

communicate with both member firms 

and non-members off the Floor, subject 

to certain restrictions.7 Floor brokers 


srobinson on DSKHWCL6B1PROD with NOTICES
49432 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 

2008. See footnotes 5 through 7 in Securities 

Exchange Act Release No. 58068 (June 30, 2008), 73 

FR 39363 (July 9, 2008) (SR–NYSE–2008–20). In 

July 2008 the Commission approved the Exchange’s 

proposed amendments to Rule 36, making the pilot 

program permanent. See id. (order approving the 

amendments to Rule 36). 

8All members and member firm employees who 

use an Exchange authorized and issued portable 

phone must execute a written acknowledgement as 

to the usage of the phone and authorizing the 

Exchange to receive data and records related to 

incoming and outgoing calls. See NYSE Information 

Memos 08–40 (August 14, 2008) and 08–41 (August 

14, 2008) (concerning the use of Exchange 

authorized and issued portable phones on the 

Floor). See also NYSE/NYSE Amex Information 

Memo 08–66 (December 22, 2008). 

9The role of DMMs and their obligations on the 

Exchange are described in Securities Exchange Act 

Release No. 58845 (October 24, 2008), 73 FR 64379 

(October 29, 2008) (SR–NYSE–2008–46). 

10See NYSE/NYSE Amex Information Memo 08– 

66 (December 22, 2008). 

11Pursuant to the definitions of ‘‘Floor’’ and 

‘‘Trading Floor’’ in NYSE Rules 6 and 6A, and 

corresponding Rules 6– and 6A—NYSE Amex 

Equities, the NYSE and NYSE Amex Equities 

Trading Floors overlap and thus references in the 

proposed rule text as well as in the 19b-4 to 

‘‘Trading Floor’’ include the NYSE Amex Equities 

Trading Floor. See Securities Exchange Act Release 

No. 59479 (March 2, 2009), 74 FR 10325 (March 10, 

2009) (SR–NYSE–2009–23) (adopting, inter alia, 

NYSE Rule 6A). As noted in footnote 4, NYSE 

Amex has proposed corresponding rule changes for 

its members and member organizations. See SR– 

NYSE–Amex–2009–57. 

12See supra note 5. 

13 It is important to note that the NYSE Amex 

Options Trading Floor is within the restricted 

access perimeter that encompasses the NYSE 

Trading Floor and thus member and member firm 

employees would not be permitted to use such 

devices in that space under the terms of the 

proposed Rule defining where such devices are 

permissible. See proposed NYSE Rule 36.23. In 

addition, while the NYSE Amex Options Rules 

permit NYSE Amex Options members to use 

personal communications devices on the NYSE 

Amex Options Trading Floor, those rules prohibit 

NYSE Amex Options members from using those 

devices on the Trading Floor of the Exchange. See 

NYSE Amex Options Rule 902NY. 

14The majority of the doors that require card 

swipe for entry are opaque. 

15See Securities Exchange Act Release Nos. 33– 

7288 and 34–37182 (May 9, 1996), 61 FR 24643 

(May 15, 1996) (S7–13–96). See also FINRA 

Regulatory Notice 2007–59 (December 7, 2007), 

concerning the supervision of electronic 

communications. 

may not, however, use Exchange 

authorized and issued devices on the 

NYSE Amex Options Trading Floor (as 

defined in NYSE Rule 6A).8 See Rule 36, 

Supplementary Material .20–.23. 

Designated Market Makers (‘‘DMMs’’) 

may, subject to restriction, maintain at 

their posts telephone lines to the offFloor offices of the DMM unit or the 

unit’s clearing firm.9 Such telephone 

lines may only be used to enter options 

or futures hedging orders through the 

DMM unit’s off-Floor office or the unit’s 

clearing firm, or through a member (on 

the Floor) of an options or futures 

exchange. These lines may not, 

however, be used for the purpose of 

transmitting to the Floor orders for the 

purchase or sale of securities. DMMs are 

also permitted to use at their posts 

wired or wireless devices, including 

computer terminals or laptops, that are 

registered with the Exchange to 

communicate with their system 

algorithms. See Rule 36.30. 

Under Rule 36, the use of all other 

portable or wireless communication 

devices on the Floor is prohibited. 

The prescriptions of Rule 36 must be 

viewed in conjunction with NYSE Rules 

6 (‘‘Floor’’) and 6A (‘‘Trading Floor’’). 

Under Rule 6, the term ‘‘Floor’’ is 

defined as ‘‘the trading Floor of the 

Exchange and the premises immediately 

adjacent thereto, such as the various 

entrances and lobbies of the 11 Wall 

Street, 18 New Street, 8 Broad Street, 12 

Broad Street and 18 Broad Street 

Buildings, and also means the telephone 

facilities available in these locations.’’ 

The Exchange has issued interpretive 

guidance that the ‘‘Floor’’ also includes 

the areas outside the ‘‘Blue Line’’ 

(member and member organization 

booths adjacent to the trading Floor) and 

‘‘any area reserved primarily for 

members, including members’ lounges 

and bathrooms.’’10

In addition, under recently adopted 

Rule 6A, the ‘‘Trading Floor’’ is within 

the area of the ‘‘Floor’’ and defined as 

‘‘the restricted-access physical areas 

designated by the Exchange for the 

trading of securities, commonly known 

as the ‘Main Room’ and the ‘Garage.’’’ In 

accordance with Rule 6A, the Trading 

Floor does not, however, include the 

areas where NYSE Amex-listed options 

are traded, commonly known as the 

‘‘Blue Room’’ and the ‘‘Extended Blue 

Room’’ (the ‘‘NYSE Amex Options 

Trading Floor’’).11

Proposed Rule Changes 

The Exchange proposes to amend 

Rule 36.23 to permit members and 

member firm employees to use personal 

portable or wireless communications 

devices outside the Trading Floor (i.e. 

outside the turnstiles or card swipe pads 

that electronically release locked doors 

to permit authorized entry).12

Although there are other areas on the 

Exchange’s premises where personal 

communications devices may be used 

by members and member firm 

employees (e.g., the cafeteria in 11 Wall 

Street), these areas are either too far 

from the Trading Floor to be practical or 

do not have adequate reception for such 

devices. Thus, due to the prescriptions 

of Rule 36 and the broad definition of 

‘‘Floor’’ under Rule 6, Exchange 

members and member firm employees 

are effectively required to leave the 

physical premises of the Exchange’s 

buildings and facilities in order to use 

their personal portable or wireless 

communications devices. Once outside, 

members and member firm employees 

may use their personal phones, 

BlackBerryTM or other devices to make 

personal calls and these conversations 

are not subject to the requirements of 

Rule 36. The requirement to leave the 

physical premises of the Exchange’s 

buildings and facilities to make personal 

communications can be overly 

burdensome, particularly during times 

of inclement weather. It is also 

burdensome to ask a member or member 

firm employee to go outside to make a 

personal call when there is no 

regulatory purpose for requiring 

personal calls to be made outside as 

opposed to inside the Exchange’s 

facilities. 

The Exchange thus proposes to amend 

Rule 36.23 to provide a limited 

exception permitting members and 

member firm employees to use personal 

portable or wireless communications 

devices in designated areas of the 

Exchange’s buildings and facilities that 

fall within the technical definition of 

the Floor under Rule 6, but that are 

outside the Trading Floor as defined 

under Rule 6A. The proposed changes 

would permit members and member 

firm employees to use their personal 

communications devices in the 

hallways, stairwells, lobbies or 

members-only areas of the Exchange 

premises that are adjacent to the 

Trading Floors of the Exchange, NYSE 

Amex Options and/or NYSE Amex 

Equities.13 Specifically, such usage 

would be permitted in the lobby areas 

of the Exchange’s facilities at 11 Wall 

Street, 6 and 18 New Street, and 2, 12, 

18 and 20 Broad Street, as well as in the 

corridor in front of the interior elevator 

bank inside of 18 Broad Street. Again, 

it is important to note that a member 

would need to re-enter the Trading 

Floor from these areas through a 

restricted access point (i.e. turnstiles or 

card swipe pads that electronically 

release locked doors to permit 

authorized entry).14

In addition, such usage would need to 

be consistent with all other Exchange 

Rules and/or federal securities laws, 

including, but not limited to, the 

requirements of Securities Exchange Act 

Release Nos. 33–7288 and 34–37182, 

concerning the ‘‘Use of Electronic Media 

by Broker-Dealers, Transfer Agents, and 

Investment Advisers for Delivery of 

Information.’’15 The Exchange 

represents that it will issue a notice to 

members that will, inter alia, remind 

them of their obligations under these 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 49433 

16 15 U.S.C. 78f(b)(5). 

17See Securities Exchange Act Release No. 58068 

(June 30, 2008), 73 FR 39363 (July 9, 2008) (SR– 

NYSE–2008–20); and Securities Exchange Act 

Release No. 59479 (March 2, 2009), 74 FR 10325 

(March 10, 2009) (SR–NYSE–2009–23). 

releases. Finally, the Exchange proposes 

corresponding technical amendments to 

Rule 36.20. 

In proposing this limited exception, 

the Exchange seeks to provide its 

members and member firm employees 

with a reasonable and comfortable space 

inside the physical confines of the 

Exchange’s buildings and facilities 

within which they may use their 

personal portable or wireless 

communication devices, without 

diminishing the ability to monitor and 

regulate their conduct. The Exchange 

believes that the distance afforded by 

allowing a DMM, for example, to use a 

personal portable or wireless 

communication device outside the 

turnstiles is, in essence, equivalent to 

requiring a DMM to leave the 

Exchange’s premises to do the same. 

Any time or place advantage to using 

such devices outside the turnstiles is 

significantly reduced by the fact that a 

DMM has no line of sight and no ability 

to hear trading activity on the Floor and 

the speed of electronic trading would 

likely render stale any information a 

DMM had prior to leaving his or her 

post on the Trading Floor. 

In addition, the proposed 

amendments do not change the current 

obligations of members and member 

firm employees to use their personal 

portable or wireless communication 

devices consistent with Exchange Rules 

and federal securities laws. Floor 

brokers would still be limited to using 

only Exchange authorized and issued 

portable phones on the Exchange 

Trading Floor and DMMs would still 

only be permitted to use registered 

telephone lines and/or wired or wireless 

devices at their posts, and all such 

devices and communications would 

continue to be regulated by the 

Exchange. All other usage of portable or 

wireless communication devices on the 

Trading Floor would continue to be 

prohibited. 

Finally, the Exchange would still 

retain jurisdiction over its members and 

member firm employees to regulate 

conduct that is inconsistent with 

Exchange Rules and/or the federal 

securities laws (e.g., trading ahead, 

insider trading, market manipulation). 

2. Statutory Basis 

The Exchange believes that the 

proposed rule changes are consistent 

with, and further the objectives of, 

Section 6(b)(5) of the Act,16 in that they 

are designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system and, in general, to protect 

investors and the public interest. 

The Exchange believes that the 

proposed rule changes are consistent 

with these principles because they do 

not modify the current prescribed uses 

(and limitations thereof) of personal 

portable or wireless communications 

devices. Rather, they merely change 

where those devices may be used to 

reflect the reality of the current trading 

environment, in which any time and 

place advantage to using such devices 

outside the Trading Floor and other 

restricted access areas is significantly 

reduced by the fact that a DMM or Floor 

broker has no line of sight or ability to 

hear trading activity on the Trading 

Floor. The Exchange further believes 

that, given the current speed of 

Exchange systems and the marketplace, 

any information a DMM obtained prior 

to leaving his or her post would be 

rendered stale by the time the DMM is 

outside the turnstiles. As such, the 

location change for the use of personal 

portable or wireless communication 

devices in the current trading 

environment is consistent with the 

Exchange’s current regulatory controls 

governing the used of personable 

portable or wireless communication 

devices on the Floor, which were 

previously approved by the Commission 

or submitted by the Exchange for 

immediate effectiveness.17

The Exchange further believes that the 

proposal will permit Exchange members 

and member firm employees to, within 

the existing regulatory framework at the 

Exchange, efficiently and effectively 

conduct business on the Trading Floor 

and engage in personal communications 

while off the Trading Floor. 

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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve the proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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–2009–84 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–2009–84. 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 

Section, 100 F Street, NE., Washington, 

DC 20549, on official business days 


srobinson on DSKHWCL6B1PROD with NOTICES
49434 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 

18 17 CFR 200.30–3(a)(12). 

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 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–NYSE–2009–84 and should 

be submitted on or before October 19, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23304 Filed 9–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6771] 

30-Day Notice of Proposed Information 

Collection: DS–4076 Commodity 

Jurisdiction (CJ) Determination Form; 

OMB Control Number 1405–0163 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

SUMMARY: The Department of State has 

submitted the following information 

collection to the Office of Management 

and Budget (OMB) for approval in 

accordance with the Paperwork 

Reduction Act of 1995. 

Title of Information Collection: DS– 

4076 Commodity Jurisdiction (CJ) 

Determination Form. 

OMB Control Number: 1405–0163. 

Type of Request: Extension of 

currently approved collection. 

Originating Office: Bureau of Political 

Military Affairs, Directorate of Defense 

Trade Controls, PM/DDTC. 

Form Number: DS–4076. 

Respondents: Business organizations. 

Estimated Number of Respondents: 

425 (total). 

Estimated Number of Responses: 465 

(per year). 

Average Hours per Response: 10 

hours. 

Total Estimated Burden: 4,650 hours 

(per year). 

Frequency: On Occasion. 

Obligation to Respond: Voluntary. 

DATES: Submit comments to the Office 

of Management and Budget (OMB) for 

up to 30 days from September 28, 2009. 

ADDRESSES: Direct comments to the 

Department of State Desk Officer in the 

Office of Information and Regulatory 

Affairs at the Office of Management and 

Budget (OMB). You may submit 

comments by any of the following 

methods: 

E-mail: 

oira_submission@omb.eop.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

Fax: 202–395–5806. Attention: Desk 

Officer for Department of State. 

FOR FURTHER INFORMATION CONTACT: You 

may obtain copies of the proposed 

information collection and supporting 

documents from Mary F. Sweeney, PM/ 

DDTC, SA–1, 12th Floor, Directorate of 

Defense Trade Controls, Bureau of 

Political Military Affairs, U.S. 

Department of State, Washington, DC 

20522–0112, who may be reached via 

phone at (202) 663–2865, or via e-mail 

at sweeneymf@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

Evaluate whether the proposed 

collection of information is necessary to 

properly perform 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 

information will be used to evaluate 

whether or not a particular defense 

article or defense service is covered by 

the U.S. Munitions List; to remove a 

defense article from the U.S. Munitions 

List; or to reconsider a previous 

commodity jurisdiction determination. 

Methodology: This information 

collection will be collected 

electronically. 

Dated: September 17, 2009. 

Robert S. Kovac, 

Acting Deputy Assistant Secretary for Defense 

Trade, Bureau of Political-Military Affairs, 

U.S. Department of State. 

[FR Doc. E9–23324 Filed 9–25–09; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

[Public Notice 6772] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Gabriel 

Orozco’’ 

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 objects in 

the exhibition: ‘‘Gabriel Orozco,’’ 

imported from abroad for temporary 

exhibition within the United States, are 

of cultural significance. The objects are 

imported pursuant to loan agreements 

with the foreign owners or custodians. 

I also determine that the exhibition or 

display of the exhibit objects at The 

Museum of Modern Art, New York, 

N.Y., from on or about December 13, 

2009, until on or about March 1, 2010, 

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 objects, 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: September 21, 2009. 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. E9–23322 Filed 9–25–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent to Rule on Request To 

Release Airport Property at the Boise 

Air Terminal, Boise, ID 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of request to release 

airport property. 


srobinson on DSKHWCL6B1PROD with NOTICES