Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices 16033 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(6). Pursuant to Rule 19b– 

4(f)(6)(iii) under the Exchange Act, the Exchange is 

required to give the Commission written notice of 

its intent to file the proposed rule change, along 

with a brief description and text of 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. The 

Exchange has satisfied this requirement. 

11 17 CFR 240.19b–4(f)(6). 

12 17 CFR 240.19b–4(f)(6)(iii). 

13See Securities Exchange Act Release No. 59123 

(December 19, 2008), 73 FR 7991 (December 30, 

2008) (SR–NYSE–2008–128). 

14For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 15 17 CFR 200.30–3(a)(12). 

19(b)(3)(A) of the Exchange Act 9 and 

Rule 19b–4(f)(6) thereunder.10

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Exchange Act 11 normally does not 

become operative for 30 days after the 

date of its filing. However, Rule 19b– 

4(f)(6)(iii) 12 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange has requested that the 

Commission waive the 30-day operative 

delay. 

The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest. In 

making this determination, the 

Commission notes that the NYSE 

recently adopted a substantially similar 

listing requirement governing the 

distribution of annual reports,13 and the 

Commission believes that the NYSE 

Amex’s proposed rule change raises no 

new regulatory issues. The Commission 

also notes that the NYSE’s proposal was 

subject to full notice and comment, and 

the Commission received no comments 

on the NYSE’s rule proposal. In 

addition, the Commission believes that 

waiving the 30-day operative delay will 

immediately give issuers that have just 

filed, or are about to file, their annual 

reports with the Commission the option 

to comply with NYSE Amex’s 

distribution of annual reports 

requirement by satisfying the 

requirements for furnishing an annual 

report contained in Rules 14a–3 and 

14a–16 under the Exchange Act. For 

these reasons, the Commission 

designates that the proposed rule 

change become operative immediately 

upon filing.14

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

the 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 Exchange 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 

Number SR–NYSEAmex–2009–04 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–NYSEAmex–2009–04. 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, 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–2009–04 and should be 

submitted on or before April 29, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–7871 Filed 4–7–09; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Region II Buffalo District Advisory 

Council Public Meeting 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of open Federal advisory 

committee meeting. 

SUMMARY: The SBA is issuing this notice 

to announce the location, date, time, 

and agenda for the next meeting of the 

Region II Buffalo District Advisory 

Council. The meeting will be open to 

the public. 

DATES: The meeting will be held on 

April 22, 2009 from approximately 9:30 

a.m. to 11:30 a.m. Eastern Standard 

Time. 

ADDRESSES: The meeting will be held at 

the Park Country Club, 2929 Sheridan 

Drive, Williamsville, New York 14202. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (5 U.S.C., 

Appendix 2), SBA announces the 

meeting of the Region II Buffalo District 

Advisory Council. The Region II Buffalo 

District Advisory Council is tasked with 

providing information of public interest. 

The purpose of the meeting is so the 

council can provide advice and 

opinions regarding the effectiveness of 

and need for SBA programs, particularly 

the local districts which members 

represent. The agenda will include: 

District office, SBA programs and 

services, ARRA, government 

contracting, disaster updates, lending 

activity reports, small business week, 

event announcements, and roundtable 

discussion on small business issues. 

FOR FURTHER INFORMATION CONTACT: The 

meeting is open to the public; however 

advance notice of attendance is 

requested. Anyone wishing to attend 

and/or make a presentation to the 

Region II Buffalo District Advisory 

Council must contact Franklin J. 

Sciortino, District Director, Buffalo 

District Office by October 10, by fax or 

e-mail, in order to be placed on the 

agenda. Franklin J. Sciortino, District 

Director, Buffalo District Office, U.S. 

Small Business Administration, 540 

Niagara Center, 130 S. Elmwood 


rwilkins on PROD1PC63 with NOTICES
16034 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices 

Avenue, Buffalo, New York 14202; 

telephone (716) 551–4301 or fax (716) 

551–4418. 

Additionally, if you need 

accommodations because of a disability 

or require additional information, please 

contact Kelly Lotempio, BDS/PIO, 

Buffalo District Office, U.S. Small 

Business Administration, 540 Niagara 

Center, 130 S. Elmwood Avenue, 

Buffalo, New York 14202; telephone 

(716) 551–4301, kelly.lotempio@sba.gov 

or fax (716) 551–4418. 

For more information, please visit our 

Web site at http://www.sba.gov/ny/ 

buffalo. 

Dated: March 31, 2009. 

Bridget E. Bean, 

Deputy Associate Administrator for Field 

Operations. 

[FR Doc. E9–7880 Filed 4–7–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 01/01–0414] 

Ironwood Mezzanine Fund II, L.P.; 

Notice Seeking Exemption Under 

Section 312 of the Small Business 

Investment Act, Conflicts of Interest 

Notice is hereby given that Ironwood 

Mezzanine Fund II, L.P. 200 Fisher 

Drive, Avon, CT 06001–3723, a Federal 

Licensee under the Small Business 

Investment Act of 1958, as amended 

(‘‘the Act’’), in connection with the 

financing of a small concern, has sought 

an exemption under Section 312 of the 

Act and Section 107.730, Financings 

which Constitute Conflicts of Interest of 

the Small Business Administration 

(‘‘SBA’’) Rules and Regulations (13 CFR 

107.730). Ironwood Mezzanine Fund II, 

L.P. proposes to provide debt/equity 

security financing to Action Carting 

Environmental Services, Inc., 451 

Frelinghuysen Avenue, Newark, NJ 

07114. The financing is contemplated as 

part of $6 million debt/equity issuance, 

the proceeds of which will be used 

primarily pay down the outstanding 

revolver and equipment debt. 

The financing is brought within the 

purview of § 107.730(a) of the 

Regulations because Ironwood Equity 

Fund, L.P., an Associate of Ironwood 

Mezzanine Fund II, L.P., owns more 

than ten percent of Action Carting 

Environmental Services, Inc., and this 

transaction is considered a Financing of 

an Associate requiring an exemption to 

the Regulations. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction within 15 

days of the date of publication, to the 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street, SW., Washington, DC 

20416. 

Dated: March 23, 2009. 

Harry Haskins, 

Acting Associate Administrator for 

Investment. 

[FR Doc. E9–7879 Filed 4–7–09; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 6572] 

Determination To Transfer Title of 

Selected Aircraft to the Government of 

Colombia 

Pursuant to section 484(a)(2) of the 

Foreign Assistance Act, as amended 

(‘‘the Act’’) and section 1–100(a)(1) of 

Executive Order No. 12163, I hereby 

determine that section 484(a)(1) of the 

Act (which requires that the United 

States retain title to aircraft made 

available to foreign countries primarily 

for narcotics-related purposes) should 

not apply to: Six (6) Bell UH–1N 

helicopters; and one (1) T–65 Ayres 

spray airplane, because retention of title 

to these aircraft would be contrary to the 

national interest of the United States. 

This determination, together with the 

Memorandum of Justification and 

aircraft inventory, shall be reported to 

the Congress, and published in the 

Federal Register. 

Dated: February 26, 2009. 

Hillary Rodham Clinton, 

Secretary of State, Department of State. 

[FR Doc. E9–7972 Filed 4–7–09; 8:45 am] 

BILLING CODE 4710–17–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending March 28, 

2009 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). 

The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2009– 

0076. 

Date Filed: March 26, 2009. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: April 16, 2009. 

Description: Application of DHL Air 

Limited requesting a foreign air carrier 

permit and an exemption authorizing it 

to engage in: (a) Scheduled and charter 

foreign air transportation of property 

and mail from any point or points 

behind any Member State of the 

European Union via any point or points 

in any Member State and via 

intermediate points to any point or 

points in the United States and beyond; 

(b) scheduled and charter foreign air 

transportation of property and mail 

between any point or points in the 

United States and any point or points in 

any member of the European Common 

Aviation Area; (c) scheduled and charter 

foreign air transportation of property 

and mail between any point or points in 

the United States and any point or 

points; (d) other charters pursuant to the 

prior approval requirements; and (e) 

transportation authorized by any 

additional route rights made available to 

European community carriers in the 

future. 

Barbara J. Hairston, 

Supervisory Dockets Officer, Docket 

Operations, Alternate Federal Register 

Liaison. 

[FR Doc. E9–7961 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending March 28, 2009 

The following Agreements were filed 

with the Department of Transportation 

under Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1383 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2009– 

0073. 

Date Filed: March 23, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: TC1 Caribbean, Longhaul, 

Within South America Flex Fares 


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