Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 51213 

10 15 U.S.C. 78f(b)(5). 11 17 CFR 200.30–3(a)(12). 

associated with its exchange members, 

with the provisions of the Exchange Act, 

the rules and regulations thereunder, 

and the rules of the Exchange. The 

Exchange also believes that this filing 

furthers the objectives of Section 

6(b)(5) 10 of the Exchange Act because 

the rules summarized herein would 

create a governance and regulatory 

structure that is 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. In particular, the 

Proposed Rule Change sets forth certain 

conditions under which the Routing 

Services will be provided so as to assure 

that the potential for conflicts of 

interests and informational advantages 

are adequately addressed. The 

conditions under which the Exchange is 

permitted to be affiliated with the 

entities conducting the Routing Services 

will also be limited to no more than 6 

months. 

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 

No. SR–NYSEARCA–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 No. 

SR–NYSEARCA–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 

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 NYSE Arca. 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–NYSEARCA–2009–84 and should be 

submitted on or before October 26, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23854 Filed 10–2–09; 8:45 am] 

BILLING CODE 8011–01–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

Notice of Actions Taken at September 

10, 2009 Meeting 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice of Commission Actions. 

SUMMARY: At its regular business 

meeting on September 10, 2009, in 

North East, Maryland, the Commission 

held a public hearing as part of its 

regular business meeting. At the public 

hearing, the Commission: (1) Approved 

and tabled certain water resources 

projects; (2) rescinded approval for two 

water resources projects; (3) approved 

settlements involving two water 

resources projects; and (4) tabled a 

request for an administrative hearing on 

a project previously approved by the 

Commission. Details concerning these 

and other matters addressed at the 

public hearing and business meeting are 

contained in the Supplementary 

Information section of this notice. 

DATES: September 10, 2009. 

ADDRESSES: Susquehanna River Basin 

Commission, 1721 N. Front Street, 

Harrisburg, PA 17102–2391. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cairo, General Counsel, 

telephone: (717) 238–0423, ext. 306; fax: 

(717) 238–2436; e-mail: rcairo@srbc.net; 

or Stephanie L. Richardson, Secretary to 

the Commission, telephone: (717) 238– 

0423, ext. 304; fax: (717) 238–2436; 

e-mail: srichardson@srbc.net. Regular 

mail inquiries may be sent to the above 

address. 

SUPPLEMENTARY INFORMATION: In 

addition to the public hearing and its 

related action items identified below, 

the following items were also presented 

or acted on at the business meeting: (1) 

A report on the present hydrologic 

conditions of the basin indicating 

widespread recovery from winter 

precipitation deficits; (2) a panel 

discussion on the Chesapeake Bay and 

Ecosystems as two of the Commission’s 

‘‘priority management areas’’; (3) 

presentation of the William W. Jeanes 

Award for Environmental Excellence to 

The Nature Conservancy; (4) an update 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
51214 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 

on the Maryland Lt. Governor’s Water 

Summit; (5) adoption of a final 

rulemaking action regarding the use of 

Commission-approved water sources for 

natural gas well development and 

clarifying administrative procedures; (6) 

adoption of an Access to Records Policy; 

and (7) ratification of several grants 

regarding surface water assessments, 

total maximum daily loads, the State of 

the Susquehanna project and the 

Susquehanna Flood Forecast and 

Warning System. The Commission also 

heard counsel’s report on legal matters 

affecting the Commission. 

The Commission convened a public 

hearing and took the following actions: 

Public Hearing—Compliance Actions 

The Commission approved 

settlements in lieu of civil penalties for 

the following projects: 

1. Allegheny Energy Supply 

Company, LLC and UGI Development 

Company, Hunlock Creek Electric 

Generating Station—$35,000. 

2. Chief Oil & Gas, LLC, Phelps 1H 

Well—$25,000. 

Public Hearing—Projects Approved 

1. Project Sponsor: Antrim Treatment 

Trust. Project Facility: Antrim No. 1, 

Duncan Township, Tioga County, Pa. 

Surface water withdrawal of up to 0.720 

mgd. 

2. Project Sponsor and Facility: 

Charles Header-Laurel Springs 

Development, Barry Township, 

Schuylkill County, Pa. Groundwater 

withdrawal of 0.040 mgd from Laurel 

Springs 1 and 2. 

3. Project Sponsor and Facility: 

Charles Header-Laurel Springs 

Development, Barry Township, 

Schuylkill County, Pa. Consumptive 

water use of up to 0.080 mgd. 

4. Project Sponsor: Community Refuse 

Service, Inc. Project Facility: 

Cumberland County Landfill, Hopewell 

and North Newton Townships, 

Cumberland County, Pa. Modification to 

increase consumptive water use from a 

peak day of 0.090 mgd up to 0.140 mgd 

(Docket No. 20050907). 

5. Project Sponsor: Community Refuse 

Service, Inc. Project Facility: 

Cumberland County Landfill, Hopewell 

and North Newton Townships, 

Cumberland County Pa. Groundwater 

withdrawal of 0.053 mgd from eight 

wells for consumptive water use. 

6. Project Sponsor and Facility: 

EXCO–North Coast Energy, Inc. 

(Tunkhannock Creek—Dobrinski), 

Tunkhannock Township, Wyoming 

County, Pa. Surface water withdrawal of 

up to 0.999 mgd. 

7. Project Sponsor and Facility: 

Fortuna Energy Inc. (Towanda Creek— 

Franklin Township Volunteer Fire 

Department), Franklin Township, 

Bradford County, Pa. Surface water 

withdrawal of up to 2.000 mgd. 

8. Project Sponsor and Facility: LHP 

Management, LLC (Fishing Creek— 

Clinton Country Club), Bald Eagle 

Township, Clinton County, Pa. Surface 

water withdrawal of up to 0.100 mgd. 

9. Project Sponsor and Facility: 

Seneca Resources Corporation (Arnot 

No. 5), Bloss Township, Tioga County, 

Pa. Surface water withdrawal of up to 

0.499 mgd. 

10. Project Sponsor and Facility: 

Southwestern Energy Company (Cold 

Creek—Giroux), Herrick Township, 

Bradford County, Pa. Surface water 

withdrawal of up to 0.249 mgd. 

11. Project Sponsor and Facility: 

Southwestern Energy Company (Mill 

Creek—Kennedy), Stevens Township, 

Bradford County, Pa. Surface water 

withdrawal of up to 0.249 mgd. 

12. Project Sponsor and Facility: 

Southwestern Energy Company (Ross 

Creek—Billings), Stevens Township, 

Bradford County, Pa. Surface water 

withdrawal of up to 0.249 mgd. 

13. Project Sponsor and Facility: 

Southwestern Energy Company 

(Tunkhannock Creek—Price), Lenox 

Township, Susquehanna County, Pa. 

Surface water withdrawal of up to 0.380 

mgd. 

14. Project Sponsor and Facility: 

Southwestern Energy Company 

(Wyalusing Creek—Ferguson), 

Wyalusing Township, Bradford County, 

Pa. Surface water withdrawal of up to 

1.500 mgd. 

15. Project Sponsor and Facility: 

Southwestern Energy Company 

(Wyalusing Creek—Campbell), Stevens 

Township, Bradford County, Pa. Surface 

water withdrawal of up to 1.500 mgd. 

16. Project Sponsor: UGI Development 

Company. Project Facility: Hunlock 

Power Station, Hunlock Township, 

Luzerne County, Pa. Surface water 

withdrawal from the Susquehanna River 

of up to 55.050 mgd. 

17. Project Sponsor: UGI Development 

Company. Project Facility: Hunlock 

Power Station, Hunlock Township, 

Luzerne County, Pa. Consumptive water 

use of up to 0.870 mgd. 

18. Project Sponsor and Facility: Ultra 

Resources, Inc. (Elk Run), Gaines 

Township, Tioga County, Pa. Corrective 

modification to passby flow condition 

(Docket No. 20090631). 

19. Project Sponsor: United Water 

Resources. Project Facility: United 

Water PA–Harrisburg Operation, 

Newberry Township, York County, Pa. 

Groundwater withdrawal of up to 0.121 

mgd from Paddletown Well. 

Public Hearing—Projects Tabled 

1. Project Sponsor and Facility: ALTA 

Operating Company, LLC (Berkowitz 

Pond), Forest Lake Township, 

Susquehanna County, Pa. Surface water 

withdrawal of up to 0.249 mgd. 

2. Project Sponsor and Facility: J–W 

Operating Company (Abandoned Mine 

Pool—Unnamed Tributary to Finley 

Run), Shippen Township, Cameron 

County, Pa. Application for surface 

water withdrawal of up to 0.090 mgd. 

3. Project Sponsor and Facility: 

Mansfield Borough Municipal 

Authority, Richmond Township, Tioga 

County, Pa. Application for 

groundwater withdrawal of up to 0.079 

mgd from Well 3. 

4. Project Sponsor and Facility: 

Southwestern Energy Company (Sutton 

Big Pond), Herrick Township, Bradford 

County, Pa. Application for surface 

water withdrawal of up to 5.000 mgd. 

Public Hearing—Rescission of Project 

Approvals 

1. Project Sponsor and Facility: East 

Resources, Inc. (Tioga River) (Docket 

No. 20080609), Mansfield, Richmond 

Township, Tioga County, Pa. 

2. Project Sponsor and Facility: 

Montrose Country Club (Docket No. 

20020603), Bridgewater Township, 

Susquehanna County, Pa. 

Public Hearing—Rescission of Project 

Approvals Tabled 

1. Project Sponsor and Facility: 

Chesapeake Appalachia, LLC 

(Susquehanna River) (Docket No. 

20080903), Town of Tioga, Tioga 

County, N.Y. 

2. Project Sponsor and Facility: 

Chesapeake Appalachia, LLC 

(Susquehanna River) (Docket No. 

20080906), Athens Township, Bradford 

County, Pa. 

3. Project Sponsor and Facility: 

Chesapeake Appalachia, LLC 

(Susquehanna River) (Docket No. 

20080907), Oakland Township, 

Susquehanna County, Pa. 

Public Hearing—Administrative 

Appeals 

1. Docket No. 20090315, from 

petitioner Paul R. Miller allegedly on 

behalf of Delta Borough –The 

Commission tabled action on this 

appeal at the request of the petitioner 

and the Delta Borough Authority. 

Authority: Pub. L. 91–575, 84 Stat. 1509 

et seq., 18 CFR parts 806, 807, and 808. 

Dated: September 25, 2009. 

Stephanie L. Richardson, 

Secretary to the Commission. 

[FR Doc. E9–23840 Filed 10–2–09; 8:45 am] 

BILLING CODE 7040–01–P 


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