Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 52523 

4See NYSE Arca Equities Rule 13.2 and ISE Rule 

705. 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(5). 

7 15 U.S.C. 78s(b)(3)(A). 

8 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. Nasdaq has satisfied this requirement. 9 17 CFR 200.30–3(a)(12). 

limited compensation for system 

malfunctions.4

2. Statutory Basis 

Nasdaq believes that the proposed 

rule change is consistent with the 

provisions of Section 6 of the Act,5 in 

general, and with Sections 6(b)(5) of the 

Act,6 in particular, in that the proposal 

is designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

regulating, clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, 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. As Nasdaq analyzes total 

eligible liability claims on a per-month 

look-back basis, the proposal, in effect, 

would allow Nasdaq an increased 

capability to compensate a market 

participant(s) up to the monthly cap of 

$500,000 even though the losses 

occurred on a single day or were across 

multiple days for a single participant. 

The expansion of time to make such 

compensation claims likewise increases 

the ability of market participants to 

submit claims in a timely manner. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

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 on the proposed 

rule change 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 after the date of 

the filing, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to 19(b)(3)(A) 

of the Act7 and Rule 19b–4(f)(6)8

thereunder. 

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 

No. SR–NASDAQ–2009–084 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–NASDAQ–2009–084. 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 Nasdaq. 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–NASDAQ–2009–084 and should be 

submitted on or before November 3, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–24515 Filed 10–9–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Delegation of Authority 175–5] 

Changes to and Further Assignment of 

Functions Under Section 208 of Title 

18 of the United States Code 

AGENCY: Department of State. 

ACTION: Changes to and further 

assignment of functions. 

SUMMARY: Delegations of Authority No. 

175 and 245–1 delegated authority from 

the Secretary of State to the Deputy 

Secretary of State and the Deputy 

Secretary of State for Management and 

Resources all authorities vested in the 

Secretary of State, to include issuing 

waivers pursuant to 18 U.S.C. 208 to 

Department of State employees. In 2003, 

the Deputy Secretary of State 

redelegated authority to the Legal 

Adviser to issue certain waivers under 

18 U.S.C. 208(b)(1) and (3). In 2006, the 

Deputy Secretary of State delegated to 

the Legal Adviser and the Under 

Secretary for Management the authority 

to issue financial interest waiver 

determinations to (1) Seventh Floor 

principals when the waiver is 

applicable for a specific activity, when 

a principal is seeking employment by an 

international organization, or when the 

waiver does not exceed six months; and 

(2) other Department employees 

(including advisory committee 

members) under any circumstances. 

This notice informs the public of the 

further delegation of authority from the 

Deputy Secretary for Management and 

Resource to the Legal Adviser and the 

Under Secretary for Management to 

issue all waivers under 18 U.S.C. 


erowe on DSK5CLS3C1PROD with NOTICES
52524 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

208(b)(1) and (3), except for waivers to 

the Secretary of State. 

DATES: These actions are effective 

immediately. 

Delegation of Authority: By virtue of 

the authority vested in me as Deputy 

Secretary of State for Management and 

Resources, including the authorities 

specified in Delegations of Authority 

175 and 245–1, I hereby delegate to the 

Legal Adviser and the Under Secretary 

for Management the authority pursuant 

to 18 U.S.C. 208(b)(1) and (3) to issue 

waiver determinations with respect to 

financial interests to Department of 

State employees, including Seventh 

Floor principals, regardless of the 

amount of the affected financial interest. 

This delegation shall not, however, 

authorize the issuance of waiver 

determinations to the Secretary of State. 

The Delegation supersedes Delegation 

of Authority 175–4. 

At his or her discretion, the Legal 

Adviser may refer any waiver request 

for issuance by the Secretary, the 

Deputy Secretary, the Deputy Secretary 

for Management and Resources, or the 

Under Secretary for Management. 

Notwithstanding this delegation of 

authority, the Secretary, the Deputy 

Secretary, the Deputy Secretary for 

Management and Resources, and the 

Under Secretary for Management may at 

any time exercise the functions herein 

delegated. 

This delegation of authority shall be 

published in the Federal Register. 

Dated: September 29, 2009. 

Jacob J. Lew, 

Deputy Secretary of State for Management 

and Resources, Department of State. 

[FR Doc. E9–24541 Filed 10–9–09; 8:45 am] 

BILLING CODE 4710–35–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2009–0924] 

Airport Compliance Program 

AGENCY: Department of Transportation, 

Federal Aviation Administration. 

ACTION: Notice of availability of FAA 

Order 5190.6B, Airport Compliance 

Manual. 

SUMMARY: This notice announces the 

availability of FAA Order 5190.6B, 

Airport Compliance Manual, issued 

September 30, 2009. Order 5190.6B 

cancels and replaces Order 5190.6A, 

Airport Compliance Requirements, 

issued on October 2, 1989. Order 

5190.6B provides current guidance to 

FAA employees on administration and 

implementation of the FAA airport 

compliance program. This program 

implements FAA’s responsibilities for 

the enforcement of the obligations of 

airport operators to the United States 

Government arising from FAA grant 

agreements and from federal deeds of 

property for airport use. The order 

updates cancelled Order 5190.6A by 

reflecting statutes, policy changes, case 

decisions and complaint resolution 

procedural rules issued since 1989 and 

by including more specific guidance 

material on a number of compliance 

subjects. FAA orders are intended for 

the use of FAA employees. 

DATES: FAA Order 5190.6B was issued 

on September 30, 2009 and was 

effective upon issuance. Comments 

received by March 31, 2010 will be 

considered by the agency in a 

determination whether any further 

revision of the order is required. 

ADDRESSES: You can get an electronic 

copy of FAA Order 5190.6B on the FAA 

Airports Web site at 

http://www.faa.gov/airports/resources/ 

publications/orders/ 

compliance_5190.6/. 

You may send comments identified 

by Docket Number, FAA–2009–0924 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

• Fax: 1–202–493–2251. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590; between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

For more information on the notice 

and comment process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. Privacy: We will post all 

comments we receive, without change, 

to http://www.regulations.gov, including 

any personal information you provide. 

For more information, see the Privacy 

Act discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background documents 

or comments received, go to http:// 

www.regulations.gov at any time or to 

Room W12–140 on the ground floor of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Charles Erhard, Manager, Airport 

Compliance Division, ACO–100, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591, telephone (202) 

267–3187; facsimile: (202) 267–5769; email: charles.erhard@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You can get an electronic copy of this 

notice and all other documents in this 

docket using the Internet by: 

(1) Searching the Federal 

eRulemaking portal (http:// 

www.regulations.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies web page at http:// 

www.faa.gov/regulations_policies. 

Background 

Order 5190.6, Airport Compliance 

Requirements, was issued on August 24, 

1973. Order 5190.6 was cancelled and 

replaced by Order 5190.6A, Airport 

Compliance Requirements, on October 

2, 1989. Each of these orders, while it 

was in effect, served as the handbook or 

manual for FAA employees responsible 

for monitoring and enforcing the 

compliance of airport operators with 

obligations to the federal government. 

Those obligations most commonly arise 

from conditions, or assurances, 

contained in agreements with the FAA 

for grants in aid to airports, and from 

the terms in deeds of property 

transferred by the federal government 

for airport use. 

The current FAA airport grant 

program is the Airport Improvement 

Program (AIP), established by the 

Airport and Airway Improvement Act of 

1982 as amended, 49 U.S.C. 47101 et 

seq. (AAIA). Section 47107 requires the 

Secretary of Transportation to obtain 

certain assurances from an airport 

operator as a condition of receiving a 

grant under the AIP. The FAA 

implements this requirement with a 

standard set of grant assurances for 

airport sponsors, which can be viewed 

on the FAA Airports Web site at: http:// 

www.faa.gov/airports/aip/ 

grant_assurances/. 

An airport operator may also have 

Federal obligations under a deed of 

property transferred under the Surplus 

Property Act of 1944, as amended, 49 

U.S.C. 47151–47153, or the Federal 

Airports Act of 1946, as amended, 49 

U.S.C. 47125. 

Since 1989, there have been 

substantial changes to the laws and 

policies relating to the Federal 

obligations of airport operators, and also 

changes to the procedures for 

investigating and resolving complaints 


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