Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9867 

14 17 CFR 200.30–3(a)(12). 

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–2006–92 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–2006–92. 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 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–2006–92 and should 

be submitted on or before March 27, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4754 Filed 3–5–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6538] 

Meeting of the Environmental Affairs 

Council (EAC) of the Dominican 

Republic—Central America—United 

States Free Trade Agreement (CAFTA– 

DR) 

AGENCY: Department of State. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of State and 

the Office of the United States Trade 

Representative (USTR) are providing 

notice that, as set forth in Chapter 17 

(Environment) of the Dominican 

Republic-Central America-United States 

Free Trade Agreement (CAFTA–DR), the 

CAFTA–DR governments intend to hold 

the fourth meeting of the Environmental 

Affairs Council (the ‘‘Council’’) in San 

Jose, Costa Rica on March 10, 2009. The 

Council will hold an information 

session for members of the public on 

March 10, 2009, from 2–4 p.m. in the 

Ramada Herradura Hotel, facing the 

General Can ̃ as Highway, five kilometers 

south of the Juan Santamaria 

International Airport. The purpose of 

the Council meetings is detailed below 

under SUPPLEMENTARY INFORMATION. 

The meeting agenda will include a 

review of issues concerning 

implementation of the Environment 

Chapter, review and formal adoption of 

Working Procedures and a Public 

Outreach Plan for the Secretariat for 

Environmental Matters Under the 

CAFTA–DR (‘‘Secretariat’’), 

appointment of a new General 

Coordinator for the Secretariat, and 

presentations of various 

accomplishments under the CAFTA–DR 

Environmental Cooperation Program. 

The Department of State and USTR 

invite interested agencies, organizations, 

and members of the public to submit 

written comments or suggestions 

regarding agenda items and to attend the 

public session. In preparing comments, 

we encourage submitters to refer to the 

CAFTA–DR Environment Chapter and 

the Final Environment Review of the 

CAFTA–DR (available at http:// 

www.ustr.gov) and the Environmental 

Cooperation Agreement (ECA) (available 

at http://www.state.gov/g/oes/env/ 

trade/). 

DATES: To be assured of timely 

consideration, submit comments on or 

before March 9, 2009. 

ADDRESSES: Written comments or 

suggestions should be submitted to 

both: (1) Rachel Kastenberg, Department 

of State, Bureau of Oceans, 

Environment, and Science, Office of 

Environmental Policy by electronic mail 

at kastenbergRL@state.gov with the 

subject line ‘‘CAFTA–DR EAC Meeting’’ 

or by fax to (202) 647–5947; and (2) 

Mara M. Burr, Deputy Assistant United 

States Trade Representative for 

Environment and Natural Resources, 

Office of the United States Trade 

Representative by electronic mail at 

mburr@ustr.eop.gov with the subject 

line ‘‘CAFTA–DR EAC Meeting’’ or by 

fax to (202) 395–9517. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Kastenberg, Telephone (202) 

647–9266 or Mara M. Burr, Telephone 

(202) 395–7320. 

SUPPLEMENTARY INFORMATION: Article 

17.5 of Chapter 17 of CAFTA–DR 

establishes an Environmental Affairs 

Council (the ‘‘Council’’). Article 17.5 

requires the Council to meet at least 

once a year, unless the Parties otherwise 

agree, to discuss the implementation of, 

and progress under, Chapter 17. Article 

17.5 further requires, unless the Parties 

otherwise agree, that each meeting of 

the Council include a session in which 

members of the Council have an 

opportunity to meet with the public to 

discuss matters relating to the 

implementation of Chapter 17. 

In Article 17.9 of the Chapter, the 

Parties recognize the importance of 

strengthening capacity to protect the 

environment and to promote sustainable 

development in concert with 

strengthening trade and investment 

relations and state their commitment to 

expanding their cooperative 

relationship on environmental matters. 

Article 17.9 also notes that the Parties 

have negotiated an Environmental 

Cooperation Agreement (ECA) that sets 

out certain priority areas of cooperation 

on environmental activities. These 

priority areas are reflected in Annex 

17.9 and include, among other things, 

conserving and managing shared, 

migratory, and endangered species in 

international trade; exchanging 

information on domestic 

implementation of multilateral 

environmental agreements that all the 

Parties have ratified; and strengthening 

each Party’s environmental management 

systems, including reinforcing 

institutional and legal frameworks and 

the capacity to develop, implement, 

administer, and enforce environmental 

laws, regulations, standards, and 

polices. 

At its fourth meeting, the Council 

will, among other things, (1) Review of 

issues concerning implementation of 

Chapter 17; (2) appoint a new General 

Coordinator for the Secretariat; (3) 

review and adopt the Secretariat’s 

Working Procedures and Public 

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9868 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 

Outreach Plan; and (4) review the status 

of cooperative environmental activities 

the Parties are implementing consistent 

with the CAFTA–DR ECA. 

The public is advised to refer to the 

State Department Web site at http:// 

www.state.gov/g/oes/env/ and the USTR 

Web site at http://www.ustr.gov for 

further information. 

Dated: February 27, 2009. 

Daniel T. Fantozzi, 

Director, Office of Environmental Policy, 

Department of State. 

[FR Doc. E9–4805 Filed 3–5–09; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2008–0144; Notice 2] 

Decision That Nonconforming 1997 

and 1998 Left-Hand Drive and 1997 

through 2001 Right-Hand Drive Jeep 

Cherokee Multipurpose Passenger 

Vehicles Are Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of decision by the 

National Highway Traffic Safety 

Administration (NHTSA) that 

nonconforming 1997 and 1998 left-hand 

drive and 1997 through 2001 right-hand 

drive Jeep Cherokee multipurpose 

passenger vehicles are eligible for 

importation. 

SUMMARY: This document announces a 

decision by NHTSA that nonconforming 

1997 and 1998 left-hand drive (LHD) 

and 1997 through 2001 right-hand drive 

(RHD) Jeep Cherokee multipurpose 

passenger vehicles (MPVs) that were not 

originally manufactured to comply with 

all applicable Federal motor vehicle 

safety standards (FMVSS) are eligible 

for importation into the United States 

because (1) they are substantially 

similar to vehicles that were originally 

manufactured for sale in the United 

States and that were certified by their 

manufacturer as complying with the 

safety standards (the U.S.-certified 

version of the 1997 and 1998 LHD and 

1997 through 2001 RHD Jeep Cherokee 

MPVs), and (2) they are capable of being 

readily altered to conform to the 

standards. 

DATES: This decision is effective on 

Friday, February 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA (202–366–3151). 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 

NHTSA has decided that the motor 

vehicle is substantially similar to a 

motor vehicle originally manufactured 

for sale in the United States, certified 

under 49 U.S.C. 30115, and of the same 

model year as the model of the motor 

vehicle to be compared, and is capable 

of being readily altered to conform to all 

applicable FMVSS. 

Where there is no substantially 

similar U.S.-certified motor vehicle, 49 

U.S.C. 30141(a)(1)(B) permits a 

nonconforming motor vehicle to be 

admitted into the United States if its 

safety features comply with, or are 

capable of being altered to comply with, 

all applicable FMVSS based on 

destructive test data or such other 

evidence as NHTSA decides to be 

adequate. 

Petitions for eligibility decisions may 

be submitted by either manufacturers or 

importers who have registered with 

NHTSA pursuant to 49 CFR Part 592. As 

specified in 49 CFR 593.7, NHTSA 

publishes notice in the Federal Register 

of each petition that it receives, and 

affords interested persons an 

opportunity to comment on the petition. 

At the close of the comment period, 

NHTSA decides, on the basis of the 

petition and any comments that it has 

received, whether the vehicle is eligible 

for importation. The agency then 

publishes this decision in the Federal 

Register. 

Auto Boutique, Ltd., of Costa Mesa, 

California (ABL) (Registered Importer 

08–356), petitioned NHTSA to decide 

whether nonconforming 1997–2001 

RHD Jeep Cherokee MPVs are eligible 

for importation into the United States. 

Shortly after ABL’s petition was filed, 

U.S. Drive Right (USDR), of Spring 

Arbor, Michigan (Registered Importer 

08–355) separately petitioned NHTSA to 

decide whether nonconforming 1997 

and 1998 RHD and LHD Jeep Cherokee 

MPVs are eligible for importation into 

the United States. NHTSA published a 

combined notice of the petitions on 

September 17, 2008 (73 FR 53927) to 

afford an opportunity for public 

comment. The reader is referred to that 

notice for a thorough description of the 

petitions. 

No comments were received in 

response to the notice of the petitions. 

The ABL and USDR petitions differed 

in scope: USRD included LHD versions 

of the subject vehicles for model years 

1997 and 1998 but did not address LHD 

or RHD 1999–2001 vehicles, while ABL 

only addressed RHD 1999–2001 

vehicles. 

The following discussion applies 

equally to both LHD and RHD vehicles. 

That is because in this unique case, the 

original manufacturer of the vehicles 

certified as conforming to all applicable 

FMVSS both LHD and RHD versions of 

the substantially similar U.S.-certified 

models in model years 1997–2001. 

Moreover, the description of the 

modifications required to convert these 

vehicles do not differ with respect to the 

driver’s seating position. 

The agency notes that the petitions 

differed significantly with respect to the 

need for alterations to conform the 

vehicles to applicable FMVSS. ABL did 

not indicate the need for any alterations 

other than adding labeling to meet the 

requirements of 49 CFR part 565, while 

USDR contended that the vehicles must 

be altered in order to meet Standards 

No. 101, 108, 120 and 208 and 49 CFR 

part 565. A complete description of the 

alterations described by the two 

petitioners can be found in the notice of 

petition. 

To reconcile these differences, the 

agency has decided that all vehicles 

covered by this decision must be 

examined for compliance with 

Standards No. 101, 108, 120 and 208 as 

well as 49 CFR Part 565 and that RIs 

must demonstrate, in the conformity 

statements submitted for any vehicle 

imported under this eligibility decision, 

that each vehicle either conformed to 

the standard as originally manufactured 

or has been altered to conform by the RI. 

Final Decision 

Accordingly, on the basis of the 

foregoing, NHTSA has decided that 

nonconforming 1997 and 1998 LHD and 

1997 through 2001 RHD Jeep Cherokee 

MPVs that were not originally 

manufactured to comply with all 

applicable FMVSS are substantially 

similar to nonconforming 1997 and 

1998 LHD and 1997 through 2001 RHD 

Jeep Cherokee MPVs originally 

manufactured for sale in the United 

States and certified under 49 U.S.C. 

30115, and are capable of being readily 

altered to conform to all applicable 

FMVSS. 

Vehicle Eligibility Number for Subject 

Vehicles 

The importer of a vehicle admissible 

under any final decision must indicate 

on the form HS–7 accompanying entry 

the appropriate vehicle eligibility 

number indicating that the vehicle is 

eligible for entry. VSP–516 is the 

vehicle eligibility number assigned to 

1997 and 1998 LHD Jeep Cherokee 

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