51196 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 

assert that the worker separations are 

due to Invista’s shift in production to 

Mexico. 

On March 27, 2008, the USCIT 

granted the Department’s motion for 

voluntary remand and directed the 

Department to conduct further 

investigation to determine whether 

workers of Invista are eligible to apply 

for TAA and ATAA. 

On June 2, 2008, the Department 

issued a Notice of Negative 

Determination on Remand based on the 

finding that there was no causal nexus 

between the worker separations and an 

earlier shift in production to Mexico of 

articles like or directly competitive with 

nylon fiber produced at Invista. SAR 35. 

The Department’s Notice of 

determination was published in the 

Federal Register on June 10, 2008 (73 

FR 32739). SAR 42. 

On June 18, 2009, the USCIT ordered 

the Department to conduct further 

investigation to determine whether 

workers of Invista are eligible to apply 

for TAA and ATAA. 

The group eligibility requirements for 

directly-impacted (primary) workers 

under Section 222(a) of the Trade Act of 

1974, as amended, can be satisfied in 

either of two ways: 

I. Section (a)(2)(A)—all of the 

following must be satisfied: 

A. A significant number or proportion of 

the workers in such workers’ firm, or an 

appropriate subdivision of the firm, have 

become totally or partially separated, or are 

threatened to become totally or partially 

separated; 

B. The sales or production, or both, of such 

firm or subdivision have decreased 

absolutely; and 

C. Increased imports of articles like or 

directly competitive with articles produced 

by such firm or subdivision have contributed 

importantly to such workers’ separation or 

threat of separation and to the decline in 

sales or production of such firm or 

subdivision; or 

II. Section (a)(2)(B)—both of the 

following must be satisfied: 

A. A significant number or proportion of 

the workers in such workers’ firm, or an 

appropriate subdivision of the firm, have 

become totally or partially separated, or are 

threatened to become totally or partially 

separated; 

B. There has been a shift in production by 

such workers’ firm or subdivision to a foreign 

country of articles like or directly 

competitive with articles which are produced 

by such firm or subdivision; and 

C. One of the following must be satisfied: 

1. The country to which the workers’ firm 

has shifted production of the articles is a 

party to a free trade agreement with the 

United States; 

2. The country to which the workers’ firm 

has shifted production of the articles is a 

beneficiary country under the Andean Trade 

Preference Act, African Growth and 

Opportunity Act, or the Caribbean Basin 

Economic Recovery Act; or 

3. There has been or is likely to be an 

increase in imports of articles that are like or 

directly competitive with articles which are 

or were produced by such firm or 

subdivision. 

During the second remand 

investigation, the Department obtained 

additional information regarding 

Invista’s shift in production of nylon 

fiber to Mexico, Invista’s business 

decisions related to the post-shift 

reorganization, and the subsequent 

worker separations at Invista. SAR 67– 

71. 

Following a careful review of the 

information obtained during its 

investigations, the Department 

determined that a significant portion or 

number of workers at Invista was 

separated and that there was a shift in 

production to Mexico of articles like or 

directly competitive with nylon fiber 

produced at Invista. Therefore, the 

Department determines that the group 

eligibility requirements under Section 

222(a)(2)(B) the Trade Act of 1974, as 

amended, have been met. 

In accordance with Section 246 the 

Trade Act of 1974 (26 U.S.C. 2813), as 

amended, the Department herein 

presents the results of its investigation 

regarding certification of eligibility to 

apply for ATAA. 

The Department has determined in 

this case that the group eligibility 

requirements of Section 246 have been 

met. 

A significant number of workers at the 

firm are age 50 or over and possess 

skills that are not easily transferable. 

Competitive conditions within the 

industry are adverse. 

Conclusion 

After careful review of the facts 

generated through the first and second 

remand investigations, I determine that 

a shift in production by Invista to 

Mexico of articles like or directly 

competitive to nylon fiber produced at 

Invista contributed to the total or partial 

separation of a significant number or 

proportion of workers at Invista. 

In accordance with the provisions of 

the Act, I make the following 

certification: 

All workers of Invista, S.A.R.L, Nylon 

Apparel Filament Fibers Group, A Subsidiary 

of Koch Industries, Inc., Chattanooga, 

Tennessee, who became totally or partially 

separated from employment on or after 

August 21, 2006, through two years from the 

issuance of this revised determination are 

eligible to apply for Trade Adjustment 

Assistance under Section 223 of the Trade 

Act of 1974, and are eligible to apply for 

alternative trade adjustment assistance under 

Section 246 of the Trade Act of 1974. 

Signed at Washington, DC, this 8th day of 

September 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–23902 Filed 10–2–09; 8:45 am] 

BILLING CODE 4510–FN–P 

NATIONAL SCIENCE FOUNDATION 

Notice of permit applications received 

Under the Antarctic Conservation Act 

of 1978 (Pub. L. 95–541) 

AGENCY: National Science Foundation. 

ACTION: Notice of permit applications 

received under the Antarctic 

Conservation Act of 1978, Public Law 

95–541. 

SUMMARY: The National Science 

Foundation (NSF) is required to publish 

notice of permit applications received to 

conduct activities regulated under the 

Antarctic Conservation Act of 1978. 

NSF has published regulations under 

the Antarctic Conservation Act at Title 

45 Part 670 of the Code of Federal 

Regulations. This is the required notice 

of permit applications received. 

DATES: Interested parties are invited to 

submit written data, comments, or 

views with respect to this permit 

application by November 4, 2009. This 

application may be inspected by 

interested parties at the Permit Office, 

address below. 

ADDRESSES: Comments should be 

addressed to Permit Office, Room 755, 

Office of Polar Programs, National 

Science Foundation, 4201 Wilson 

Boulevard, Arlington, Virginia 22230. 

FOR FURTHER INFORMATION CONTACT: 

Nadene G. Kennedy at the above 

address or (703) 292–7405. 

SUPPLEMENTARY INFORMATION: The 

National Science Foundation, as 

directed by the Antarctic Conservation 

Act of 1978 (Pub. L. 95–541), as 

amended by the Antarctic Science, 

Tourism and Conservation Act of 1996, 

has developed regulations for the 

establishment of a permit system for 

various activities in Antarctica and 

designation of certain animals and 

certain geographic areas as requiring 

special protection. The regulations 

establish such a permit system to 

designate Antarctic Specially Protected 

Areas. 

The applications received are as 

follows: 

1. Applicant: Permit Application No. 

2010–017, Juan M. Lopez-Bautista, 

Department of Biological Sciences, The 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 51197 

1The Initial Funds are the: Schwab U.S. Broad 

Market ETF TM, Schwab U.S. Large-Cap ETF TM, 

Schwab U.S. Large-Cap Growth ETF TM, Schwab 

U.S. Large-Cap Value ETF TM, Schwab U.S. SmallCap ETF TM (collectively, the ‘‘Domestic Initial 

Funds’’), Schwab International Equity ETF TM, 

Schwab International Small-Cap Equity ETF TM and 

Schwab Emerging Markets Equity ETF TM. 

2All entities that intend to rely on the order are 

named as applicants. Any other entity that relies on 

the order in the future will comply with the terms 

and conditions of the application. An Investing 

Fund (as defined below) may rely on the order only 

to invest in the Funds and not in any other 

registered investment company. 

3Applicants represent that each Fund will invest 

at least 80% of its total assets in the component 

securities that comprise its Underlying Index 

(‘‘Component Securities’’) and depositary receipts 

representing such securities. ‘‘Depositary Receipts’’ 

will typically be American Depositary Receipts, but 

may also include Global Depositary Receipts and 

European Depositary Receipts. Each Fund also may 

invest up to 20% of its assets in futures, options and 

swap contracts, cash and cash equivalents, as well 

as in stocks not included in its Underlying Index, 

but which the Adviser or Subadviser believes will 

help the Fund track its Underlying Index. 

University of Alabama, 425 Scientific 

Collections Bldg., Tuscaloosa, AL 

35487–0345. 

Activity for Which Permit Is Requested 

Take. The applicant plans to collect 3 

samples of Prasiola crispa, a terrestrial 

alga widespread in Antarctica. The 

samples are required for studies of 

molecular systematics of the order 

Prasiolales. Part will be used for DNA 

extraction and the rest of the samples 

will be deposited as voucher specimens 

in the herbarium of the University of 

Alabama. The DNA sample will be used 

for PCR and DNA sequencing. 

Location: Palmer Station area, Anvers 

Island. 

Dates: December 1, 2009 to July 31, 

2010. 

Nadene G. Kennedy, 

Permit Officer, Office of Polar Programs. 

[FR Doc. E9–23839 Filed 10–2–09; 8:45 am] 

BILLING CODE 7555–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28933; File No. 812–13628] 

Charles Schwab Investment 

Management, Inc., et al.; Notice of 

Application 

September 28, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 6(c) of the 

Investment Company Act of 1940 (the 

‘‘Act’’) for an exemption from sections 

2(a)(32), 5(a)(1), 22(d), and 22(e) of the 

Act and rule 22c–1 under the Act, under 

sections 6(c) and 17(b) of the Act for an 

exemption from sections 17(a)(1) and 

17(a)(2) of the Act, and under section 

12(d)(1)(J) of the Act for an exemption 

from sections 12(d)(1)(A) and 

12(d)(1)(B) of the Act. 

SUMMARY OF APPLICATION: Applicants 

request an order that would permit (a) 

certain open-end management 

investment companies and their series 

to issue shares (‘‘Shares’’) that can be 

redeemed only in large aggregations 

(‘‘Creation Units’’); (b) secondary market 

transactions in Shares to occur at 

negotiated prices; (c) certain series to 

pay redemption proceeds, under certain 

circumstances, more than seven days 

after the tender of Shares for 

redemption; (d) certain affiliated 

persons of the series to deposit 

securities into, and receive securities 

from, the series in connection with the 

purchase and redemption of Creation 

Units; and (e) certain registered 

management investment companies and 

unit investment trusts outside of the 

same group of investment companies as 

the series to acquire Shares. 

APPLICANTS: Schwab Strategic Trust 

(‘‘Trust’’) and Charles Schwab 

Investment Management, Inc. 

(‘‘Adviser’’). 

FILING DATES: The application was filed 

on January 30, 2009, and amended on 

June 30, 2009, and September 25, 2009. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on October 22, 2009, and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit, or for lawyers, a certificate of 

service. Hearing requests should state 

the nature of the writer’s interest, the 

reason for the request, and the issues 

contested. Persons who wish to be 

notified of a hearing may request 

notification by writing to the 

Commission’s Secretary. 

ADDRESSES: Secretary, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–1090; 

Applicants, c/o Charles Schwab 

Investment Management, Inc., 101 

Montgomery Street, SF120 KNY–14– 

101, San Francisco, CA 94104. 

FOR FURTHER INFORMATION CONTACT: 

Emerson S. Davis, Sr., Senior Counsel at 

(202) 551–6868, or Julia Kim Gilmer, 

Branch Chief, at (202) 551–6821 

(Division of Investment Management, 

Office of Investment Company 

Regulation). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. The Trust is registered as an openend management investment company 

that will offer multiple series and is 

organized as a Delaware statutory trust. 

The Trust will initially offer Shares of 

eight series (the ‘‘Initial Funds’’).1

Applicants request that the order apply 

to any future series of the Trust or of 

other open-end management companies, 

advised by the Adviser or an entity 

controlling, controlled by or under 

common control with the Adviser, that 

comply with the terms and conditions 

of this application whose performance 

will closely correspond to the price and 

yield performance of securities indices 

(collectively with the Initial Funds, the 

‘‘Funds’’).2

2. The Adviser or an entity 

controlling, controlled by or under 

common control with the Adviser will 

serve as the investment adviser to the 

Funds. The Adviser is registered as an 

investment adviser under the 

Investment Advisers Act of 1940, as 

amended (the ‘‘Advisers Act’’). In the 

future, the Adviser may enter into subadvisory agreements with one or more 

additional investment advisers to act as 

subadvisers to Funds (‘‘Subadvisers’’). 

Any Subadviser will be registered under 

the Advisers Act. A broker-dealer 

registered under the Securities 

Exchange Act of 1934 (the ‘‘Exchange 

Act’’) will act as distributor and the 

principal underwriter of the Funds (a 

‘‘Distributor’’). The Distributor will not 

be affiliated with the Adviser or a 

national securities exchange as defined 

in section 2(a)(26) of the Act 

(‘‘Exchange’’). 

3. Each Fund will consist of a 

portfolio of securities and other 

instruments (‘‘Portfolio Securities’’) 

selected to correspond to the price and 

yield performance of a specified 

securities index (each securities index is 

an ‘‘Underlying Index’’).3 Certain of the 

Funds may invest in equity securities or 

fixed income securities traded in foreign 

markets and seek investment results that 

closely correspond to the price and 

yield performance of Underlying Indices 

whose component securities include 


cprice-sewell on DSK2BSOYB1PROD with NOTICES