63532 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 

9 15 U.S.C. 78f(b)(5). 

10 15 U.S.C. 78s(b)(2). 11 17 CFR 200.30–3(a)(12). 

and orderly market are present. In 

addition, trading in Shares will be 

subject to trading halts caused by 

extraordinary market volatility pursuant 

to the Exchange’s ‘‘circuit breaker’’ rule 

or by the halt or suspension of trading 

in the underlying futures contracts. 

In addition, NYSE Arca Equities Rule 

8.200(e) sets forth certain requirements 

for ETP Holders acting as registered 

Market Makers in the Shares to facilitate 

surveillance. 

In support of this proposal, the 

Exchange has made representations, 

including: 

(1) The Fund will meet the initial and 

continued listing criteria under NYSE 

Arca Equities Rule 8.200, Commentary 

.02. 

(2) The Exchange’s surveillance 

procedures are adequate to properly 

monitor Exchange trading of the Shares 

in all trading sessions and to deter and 

detect violations of Exchange rules and 

applicable Federal securities laws. 

(3) Prior to the commencement of 

trading, the Exchange will inform its 

ETP Holders in an Information Bulletin 

of the special characteristics and risks 

associated with trading the Shares. 

Specifically, the Information Bulletin 

will discuss the following: (a) The risks 

involved in trading the Shares during 

the Opening and Late Trading Sessions 

when an updated IIV will not be 

calculated or publicly disseminated; (b) 

the procedures for purchases and 

redemptions of Shares in Baskets 

(including noting that Shares are not 

individually redeemable); (c) NYSE 

Arca Equities Rule 9.2(a), which 

imposes a duty of due diligence on its 

ETP Holders to learn the essential facts 

relating to every customer prior to 

trading the Shares; (d) how information 

regarding the IIV is disseminated; (e) the 

requirement that ETP Holders deliver a 

prospectus to investors purchasing 

newly issued Shares prior to or 

concurrently with the confirmation of a 

transaction; and (f) trading information. 

This approval order is based on the 

Exchange’s representations. 

For the foregoing reasons, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act 9 and the rules and 

regulations thereunder applicable to a 

national securities exchange. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,10 that the 

proposed rule change (SR–NYSEArca– 

2010–78), be, and it hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–25949 Filed 10–14–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 7211] 

In the Matter of the Review of the 

Designation of the Armed Islamic 

Group and All Associated Aliases as 

Foreign Terrorist Organizations 

Pursuant to Section 219 of the 

Immigration and Nationality Act, as 

Amended 

Based upon a review of the 

Administrative Record assembled in 

this matter, and in consultation with the 

Attorney General and the Secretary of 

the Treasury, I conclude that the 

circumstances that were the basis for the 

2003 re-designation of the Armed 

Islamic Group (GIA) as foreign terrorist 

organization have changed in such a 

manner as to warrant revocation of the 

designation. Although the GIA no longer 

meets the criteria for designation as a 

foreign terrorist organization, its 

remnants and some senior leaders have 

joined al Qa’ida in the Islamic Maghreb 

(AQIM), a designated Foreign Terrorist 

Organization. 

Therefore, I hereby determine that the 

designation of the Armed Islamic Group 

as a foreign terrorist organization, 

pursuant to Section 219 of the 

Immigration and Nationality Act, as 

amended (8 U.S.C. 1189), shall be 

revoked. 

This determination shall be published 

in the Federal Register. 

Dated: September 28, 2010. 

Hillary Rodham Clinton, 

Secretary of State. 

[FR Doc. 2010–26082 Filed 10–14–10; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35413] 

Lancaster & Chester Railroad, LLC— 

Acquisition and Operation 

Exemption—Line of Lancaster & 

Chester Railway Company 

Lancaster & Chester Railroad, LLC 

(L&C Railroad), a noncarrier, has filed a 

verified notice of exemption under 49 

CFR 1150.31 to acquire and operate 

approximately 62 miles of rail line 

owned by Class III rail carrier Lancaster 

& Chester Railway Company as follows: 

(1) Approximately 29 miles of rail line 

from Chester, S.C. (milepost 0.0) to 

Lancaster, S.C. (milepost 29.0), plus 

approximately 2 miles of connecting 

track from milepost 5.0 in Chester 

County, S.C., to the connection with 

Consolidated Rail Corporation at former 

Survey Station 0+06 (milepost SG– 

346+2210) of the Seaboard Coast Line 

Railroad Company in Chester County; 

and (2) approximately 31 miles of rail 

line from Kershaw, S.C. (milepost SB– 

58.7) to Catawba, S.C. (milepost SB– 

89.5) including, for each of the lines, 

related rail property and trackage. 

Because L&C Railroad’s projected 

annual revenues will exceed $5 million, 

L&C Railroad certified to the Board on 

August 30, 2010, that it had complied 

with the requirements of 49 CFR 

1150.32(e) providing for notice to 

employees and their labor unions on the 

affected line. L&C Railroad also certified 

that its projected revenues as a result of 

this transaction will not exceed those 

that would qualify it as a Class III 

carrier. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in Docket No. FD 35414, Gulf 

& Ohio Railways Holding Co., Inc., H. 

Peter Claussen and Linda C. Claussen— 

Continuance in Control Exemption— 

Lancaster & Chester Railroad, LLC, 

wherein the above parties seek to 

continue in control of L&C Railroad, 

upon L&C Railroad’s becoming a Class 

III rail carrier. 

The transaction may be consummated 

on or after October 31, 2010 (the 

effective date of the exemption). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than October 22, 2010 

(at least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35413, must be filed with the Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on Troy W. Garris, 2904 

Corporate Cir., Flower Mound, TX. 

75028. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: October 7, 2010. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 63533 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–25939 Filed 10–14–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35414] 

Gulf & Ohio Railways Holding Co., Inc., 

H. Peter Claussen and Linda C. 

Claussen—Continuance in Control 

Exemption—Lancaster & Chester 

Railroad, LLC 

Gulf & Ohio Railways Holding Co., 

Inc. (G&O), H. Peter Claussen and Linda 

C. Claussen (the Claussens), noncarriers, 

have filed a verified notice of exemption 

to continue in control of Lancaster & 

Chester Railroad, LLC (L&C Railroad) 

upon L&C Railroad’s becoming a Class 

III rail carrier. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in Docket No. FD 35413, 

Lancaster & Chester Railroad, LLC— 

Acquisition and Operation Exemption— 

Line of Lancaster & Chester Railway 

Company. In that proceeding, L&C 

Railroad seeks an exemption under 49 

CFR 1150.31 to acquire and operate 

approximately 62 miles of rail line 

owned by Lancaster & Chester Railway 

Company between (1) Chester and 

Lancaster, S.C., and (2) Kershaw and 

Catawba, S.C. 

The transaction may be consummated 

on or after October 31, 2010 (the 

effective date of the exemption). 

The Claussens own a controlling 

share of voting stock of G&O. G&O, in 

turn, wholly owns the following Class 

III rail carriers: (a) Conecuh Valley 

Railroad Co., Inc., which operates in 

Alabama; (b) Knoxville & Holston River 

Railroad Co., Inc., which operates in 

east Tennessee; (c) Laurinburg & 

Southern Railroad Co., Inc., which 

operates in North Carolina; (d) 

Piedmont & Atlantic Railroad, Inc., 

which operates in northwestern North 

Carolina under the trade name of 

Yadkin Valley Railroad; (e) Rocky 

Mount & Western Railroad Co., Inc., 

which operates in central North 

Carolina under the trade name of Nash 

County Railroad; (f) Three Notch 

Railroad Co., Inc., which operates in 

Alabama; and (g) Wiregrass Central 

Railroad Company, Inc., which operates 

in southeast Alabama. 

The parties represent that: (1) The rail 

lines to be acquired by L&C Railroad do 

not connect with any other railroad in 

the corporate family; (2) the transaction 

is not part of a series of anticipated 

transactions that would connect the rail 

lines with any other railroad in the 

corporate family; and (3) the transaction 

does not involve a Class I rail carrier. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Stay petitions must be 

filed no later than October 22, 2010 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35414, must be filed with the Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on Troy W. Garris, 2904 

Corporate Cir., Flower Mound, Tex. 

75028. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: October 7, 2010. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–25937 Filed 10–14–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: 

Cameron County, TX 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Rescind Notice of Intent (NOI) 

to prepare an EIS. 

SUMMARY: FHWA is issuing this notice 

to advise the public that the NOI to 

prepare an environmental impact 

statement (EIS) for proposed 

improvements to United States Highway 

181/State Highway 286 (Crosstown 

Expressway), in Nueces County, Texas, 

is being rescinded. 

FOR FURTHER INFORMATION CONTACT: 

Gregory S. Punske, P.E. District 

Engineer, Federal Highway 

Administration, Texas Division, 300 

East 8th Street, Room 826, Austin, Texas 

78701, Telephone (512) 536–5960. 

SUPPLEMENTARY INFORMATION: On April 

6, 2007, TxDOT and FHWA announced 

their revised Notice of Intent to prepare 

an EIS pursuant to 40 CFR 1508.22 and 

43 TAC Sec. 2.5(e)(2) for a proposal to 

replace the existing US 181 Harbor 

Bridge and construct improvements to 

SH 286, in Nueces County, Texas. The 

project limits were defined as the limits 

of the schematic design. The project 

limits were as follows: the northern 

limit was the US 181 and Beach Avenue 

interchange located north of the Corpus 

Christi Ship Channel but south of the 

Nueces Bay Causeway; the southern 

limit was the SH 286 and SH 358 (South 

Padre Island Drive) interchange; the 

eastern limit was the Interstate Highway 

(IH) 37/US 181 intersection with 

Shoreline Boulevard; and the western 

limit was the IH 37 and Nueces Bay 

Boulevard interchange. The project 

limits totaled approximately 7.5 miles 

in length from north to south along US 

181 and SH 286, and 2.1 miles in length 

from east to west along IH 37. The study 

limits were defined as the limits of 

potential impacts from the proposed 

action. The study limits were as follows: 

the northern limit was the US 181 and 

SH 35 interchange just south of Gregory; 

the southern limit was the SH 286 and 

SH 358 (South Padre Island Drive) 

interchange; the eastern limit was 

Shoreline Boulevard; and the western 

limit was the IH 37 and SH 358 (North 

Padre Island Drive) interchange. The EIS 

was in the preliminary stages of 

development. Scoping meetings were 

held for representatives from various 

cooperating agencies and for the public. 

The scoping meeting for the 

representatives from various 

cooperating agencies was held May 17, 

2007, at the TxDOT Corpus Christi 

District Office in Corpus Christi, Texas. 

The scoping meeting for the public was 

held May 17, 2007, at the Oveal 

Williams Senior Activity Center in 

Corpus Christi, Texas. 

FHWA and TxDOT have decided to 

rescind the revised Notice of Intent 

because of changes in the scope 

(managed toll lanes) and limits. We 

intend to publish a new NOI in the 

future, which will describe the new 

project scope and limits. The review of 

mstockstill on DSKH9S0YB1PROD with NOTICES