1110 Federal Register / Vol. 75, No. 5 / Friday, January 8, 2010 / Notices 

8 17 CFR 200.30–3(a)(12). 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

Market participants will not be affected 

by the proposal unless such 

participants’ technological needs are 

such that they wish to establish more 

than four physical connections to the 

Exchange. In addition, the Exchange 

believes that the proposed physical port 

fees are reasonable, especially in light of 

the 4 pairs of physical ports provided by 

the Exchange for free. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any written 

comments From members or other 

interested parties. 

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 

Number SR–BATS–2009–032 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–BATS–2009–032. 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 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–BATS–2009–032 and 

should be submitted on or before 

January 29, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–70 Filed 1–7–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6862] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Marina 

Abramovic: The Artist Is Present’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Marina 

Abramovic: The Artist Is Present,’’ 

imported from abroad for temporary 

exhibition within the United States, are 

of cultural significance. The objects are 

imported pursuant to loan agreements 

with the foreign owners or custodians. 

I also determine that the exhibition or 

display of the exhibit objects at the 

Museum of Modern Art, New York, NY, 

from on or about March 14, 2010, until 

on or about May 31, 2010, and at 

possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202/632–6473). The address 

is U.S. Department of State, SA–5, L/PD, 

Fifth Floor, Washington, DC 20522– 

0505. 

Dated: January 4, 2010. 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2010–146 Filed 1–7–10; 8:45 am] 

BILLING CODE 4710–05–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. WTO/DS399] 

WTO Dispute Settlement Proceeding 

Regarding United States—Certain 

Measures Affecting Imports of Certain 

Passenger Vehicle and Light Truck 

Tires From China 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice; request for comments. 

SUMMARY: The Office of the United 

States Trade Representative (‘‘USTR’’) is 

providing notice that on December 9, 

2009 the United States received a 

request from China for the 

establishment of a dispute settlement 

panel under the Marrakesh Agreement 

Establishing the World Trade 

Organization (‘‘WTO Agreement’’) 

concerning certain measures affecting 

imports of certain passenger vehicle and 

light truck tires from China. The request 

may be found at http://www.wto.org in 

document WT/DS399/2. USTR invites 

written comments from the public 


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Federal Register / Vol. 75, No. 5 / Friday, January 8, 2010 / Notices 1111 

concerning the issues raised in this 

dispute. 

DATES: Although USTR will accept any 

comments received during the course of 

the dispute settlement proceedings, 

comments should be submitted on or 

before January 29, 2010, to be assured of 

timely consideration by USTR. 

ADDRESSES: Comments should be 

submitted electronically to http:// 

www.regulations.gov, docket number 

USTR–2009–0035. If you are unable to 

provide submissions by http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. If (as explained below), 

the comment contains confidential 

information, then the comment should 

be submitted by fax only to Sandy 

McKinzy at (202) 395–3640. 

FOR FURTHER INFORMATION CONTACT: 

Marı ́a L. Paga ́n, Associate General 

Counsel, Office of the United States 

Trade Representative, 600 17th Street, 

NW., Washington, DC 20508, (202) 395– 

7305. 

SUPPLEMENTARY INFORMATION: USTR is 

providing notice that establishment of a 

dispute settlement panel has been 

requested pursuant to the WTO 

Understanding on Rules and Procedures 

Governing the Settlement of Disputes 

(‘‘DSU’’). If a dispute settlement panel is 

established, the panel, which would 

hold its meetings in Geneva, 

Switzerland, would be expected to issue 

a report on its findings and 

recommendations within nine months 

after it is established. 

Major Issues Raised by China 

In its request for the establishment of 

a panel, China challenges the additional 

duties imposed by the United States on 

certain passenger vehicle and light truck 

tires from China pursuant to a 

Presidential determination and 

proclamation issued on September 11, 

2009 under section 421 of the Trade Act 

of 1974, as amended (19 U.S.C. 2451). 

The President’s determination can be 

found at 74 FR 47433 (September 16, 

2009); the proclamation can be found at 

74 FR 47861 (September 17, 2009). The 

related report by the U.S. International 

Trade Commission issued as part of the 

investigation can be found at Certain 

Passenger Vehicle and Light Truck Tires 

from the People’s Republic of China, 

Investigation No. TA–421–7, USITC 

Publication No. 4085 (July 2009). The 

additional duties took effect on 

September 26, 2009. The request 

purports to include any other measures 

the United States has announced or may 

announce to implement the President’s 

determination. 

China alleges that the additional 

duties, not having been justified as 

emergency action under relevant WTO 

rules, are inconsistent with Article I:1 of 

the General Agreement on Tariffs and 

Trade 1994 (‘‘GATT 1994’’), because the 

United States does not accord to 

Chinese tires the same treatment it 

accords to passenger vehicle and light 

truck tires from China originating in 

other countries; and with Article II of 

the GATT 1994, because the higher 

tariffs consist of unjustified 

modifications of U.S. concessions. 

China also alleges that these measures 

have not been properly justified 

pursuant to Article XIX of the GATT 

1994 and the WTO Agreement on 

Safeguards. China also alleges that these 

measures have not been properly 

justified as China-specific restrictions 

under the Protocol on the Accession of 

the People’s Republic of China (Protocol 

of Accession). 

Furthermore, China alleges that the 

U.S. statute authorizing these Chinaspecific restrictions is inconsistent on 

its face with Article 16 of the Protocol 

of Accession because, according to 

China, the statute impermissibly 

weakens the standard of ‘‘significant 

cause’’ by imposing a definition of the 

term that contradicts Article 16.4 of the 

Protocol of Accession. Finally, China 

alleges that the restrictions are 

inconsistent with Articles 16.1, 16.3, 

16.4, and 16.6 of the Protocol of 

Accession. 

Public Comment: Requirements for 

Submissions 

Interested persons are invited to 

submit written comments concerning 

the issues raised in this dispute. Persons 

may submit public comments 

electronically to http:// 

www.regulations.gov docket number 

USTR–2009–0035. If you are unable to 

provide submissions by http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. 

To submit comments via http:// 

www.regulations.gov, enter docket 

number USTR–2009–0035 on the click 

‘‘search’’. The site will provide a searchresults page listing all documents 

associated with this docket. Find a 

reference to this notice by selecting 

‘‘Notice’’ under ‘‘Document Type’’ on the 

left side of the search-results page, and 

click on the link entitled ‘‘Submit a 

Comment.’’ (For further information on 

using the http://www.regulations.gov 

Web site, please consult the resources 

provided on the Web site by clicking on 

‘‘How to Use This Site’’ on the left side 

of the home page.) 

The http://www.regulations.gov site 

provides the option of providing 

comments by filling in a ‘‘Type 

Comment and Upload File’’ field, or by 

attaching a document. It is expected that 

most comments will be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘Type Comment and 

Upload File’’ field. 

A person requesting that information 

contained in a comment submitted by 

that person be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Confidential business 

information must be clearly designated 

as such and the submission must be 

marked ‘‘BUSINESS CONFIDENTIAL’’ at 

the top and bottom of the cover page 

and each succeeding page. Any 

comment containing business 

confidential information must be 

submitted by fax to Sandy McKinzy at 

(202) 395–3640. A non-confidential 

summary of the confidential 

information must be submitted to 

http://www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Information or advice contained in a 

comment submitted, other than business 

confidential information, may be 

determined by USTR to be confidential 

in accordance with section 135(g)(2) of 

the Trade Act of 1974 (19 U.S.C. 

2155(g)(2)). If the submitter believes that 

information or advice may qualify as 

such, the submitter— 

(1) Must clearly so designate the 

information or advice; 

(2) Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

top and bottom of the cover page and 

each succeeding page; and 

(3) Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax. A 

non-confidential summary of the 

confidential information must be 

submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. USTR will maintain a 

docket on this dispute settlement 

proceeding accessible to the public. The 

public file will include non-confidential 

comments received by USTR from the 

public with respect to the dispute; if a 

dispute settlement panel is convened or 

in the event of an appeal from such a 

panel, the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions, 


pwalker on DSK8KYBLC1PROD with NOTICES
1112 Federal Register / Vol. 75, No. 5 / Friday, January 8, 2010 / Notices 

received from other participants in the 

dispute; the report of the panel; and, if 

applicable, the report of the Appellate 

Body. 

Comments will be placed in the 

docket and open to public inspection 

pursuant to 15 CFR 2006.13, except 

confidential business information 

exempt from public inspection in 

accordance with 15 CFR 2006.15 or 

information determined by USTR to be 

confidential in accordance with 19 

U.S.C. 2155(g)(2). Comments open to 

public inspection may be viewed on the 

http://www.regulations.gov Web site. 

Steven F. Fabry, 

Acting Assistant United States Trade 

Representative for Monitoring and 

Enforcement. 

[FR Doc. 2010–126 Filed 1–7–10; 8:45 am] 

BILLING CODE 3190–W0–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2003–15962] 

Notice of Request for Renewal of a 

Previously Approved Collection 

AGENCY: Office of the Secretary, DOT. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35, as amended), this 

notice announces the U.S. Department 

of Transportation’s (DOT) intention to 

request renewal of a previously 

approved information collection. 

DATES: Comments on this notice must be 

received by March 9, 2010. 

ADDRESSES: You may submit comments 

[identified by DOT Docket Number 

DOT–OST–2003–15962 by any of the 

following methods: 

• Web site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the DOT electronic docket site. 

• Fax: 1–202–493–2251 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Room W12–140, Washington, DC 

20590–001. 

• Hand Delivery: Room W12–140 on 

the ground level of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Wednesday and Federal Holidays. 

Instructions: All submissions must 

include the agency name and Docket 

Number DOT–OST–2003–15962. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov including any 

personal information provided. You 

should know that anyone is able to 

search the electronic form of all 

comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

Docket: For access to the 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 level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Wednesday and Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lauralyn Remo, Air Carrier Fitness 

Division (X–56), Office of Aviation 

Analysis, Office of the Secretary, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, (202) 366–9721. 

SUPPLEMENTARY INFORMATION: 

Title: Procedures and Evidence Rules 

for Air Carrier Authority Applications: 

14 CFR Part 201—Air Carrier Authority 

under Subtitle VII of Title 49 of the 

United States Code—(Amended); 14 

CFR Part 204—Data to Support Fitness 

Determinations; 14 CFR Part 291—Cargo 

Operations in Interstate Air 

Transportation. 

OMB Control Number: 2106–0023. 

Expiration Date: May 31, 2010. 

Type of Request: Extension of a 

previously approved collection. 

Abstract: In order to determine the 

fitness of persons seeking authority to 

engage in air transportation, the 

Department collects information from 

them about their ownership, 

citizenship, managerial competence, 

operating proposal, financial condition, 

and compliance history. The specific 

information to be filed by respondents 

is set forth in 14 CFR Parts 201 and 204. 

Respondents: Persons seeking initial 

or continuing authority to engage in air 

transportation of persons, property, and/ 

or mail. 

Estimated Number of Respondents: 

147.6. 

Average Annual Burden per 

Respondent: 45.73 hours. 

Estimated Total Burden on 

Respondents: 6,750 hours. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; (b) the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

(c) ways to enhance the quality, utility 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Issued in Washington, DC on January 4, 

2010. 

Todd M. Homan, 

Director, Office of Aviation Analysis. 

[FR Doc. 2010–134 Filed 1–7–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2003–15623] 

Notice of Request for Renewal of a 

Previously Approved Collection 

AGENCY: Office of the Secretary, DOT. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35, as amended), this 

notice announces the U.S. Department 

of Transportation’s (DOT) intention to 

request renewal of a previously 

approved information collection. 

DATES: Comments on this notice must be 

received by March 9, 2010. 

ADDRESSES: You may submit comments 

[identified by DOT Docket Number 

DOT–OST–2003–15623] by any of the 

following methods: 

• Web site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the DOT electronic docket site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: Room W12–140 on 

the ground level of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Wednesday and Federal Holidays. 

Instructions: All submissions must 

include the agency name and Docket 

Number DOT–OST–2003–15962. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov including any 

personal information provided. You 

should know that anyone is able to 

search the electronic form of all 


pwalker on DSK8KYBLC1PROD with NOTICES