Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 22199 

3The BOX Fee Schedule can be found on the 

BOX Web site at www.bostonoptions.com. 

4 15 U.S.C. 78f(b). 

5 15 U.S.C. 78f(b)(4). 

6 15 U.S.C. 78s(b)(3)(A)(ii). 

7 17 CFR 240.19b–4(f)(2). 8 17 CFR 200.30–3(a)(12). 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend 

Section 3 (Market Maker Trading Fees) 

of the BOX Fee Schedule.3 BOX applies 

a Volume Discount to the fees charged 

to BOX Market Makers who engage in 

particularly active trading volume on 

BOX. The proposed changes will reflect 

that trading volume in both assigned 

and un-assigned classes is taken into 

account when determining a Market 

Maker’s Volume Discount. 

The proposed rule change will also 

remove the ‘‘Example’’ from Section 

3(b) of the Fee Schedule. The Example 

is no longer necessary, as the 

differentiation between volume in 

assigned and un-assigned classes is no 

longer made for purposes of the Volume 

Discount. The proposed rule change 

will also make certain non-substantive 

changes by (i) correcting a crossreference to an earlier section within the 

Fee Schedule regarding the passthrough of surcharge fees, and (ii) 

correcting the reference to the type of 

security (e.g. index options instead of 

options on exchange-traded funds 

(‘‘ETF’’)) for which such surcharges are 

applicable. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,4

in general, and Section 6(b)(4) of the 

Act,5 in particular, in that it is designed 

to provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among its members and issuers and 

other persons using its facilities. The 

proposed change allows for a potentially 

greater amount of volume being factored 

into the Volume Discount that a Market 

Maker may receive, thus reducing a 

Market Maker’s cost of transacting 

business on the BOX market, benefiting 

the Market Maker and, through better 

pricing, the investing public. 

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 

The Exchange has neither solicited 

nor received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Exchange Act 6 and 

Rule 19b–4(f)(2) thereunder,7 because it 

establishes or changes a due, fee, or 

other charge applicable only to a 

member. 

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 the action is necessary 

or appropriate in the public interest, for 

the protection of investors, or would 

otherwise further 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 

Number SR–BX–2009–022 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–BX–2009–022. 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–BX– 

2009–022 and should be submitted on 

or before June 2, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–10996 Filed 5–11–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6610] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Lords 

of the Samurai: Legacy of a Daimyo 

Family’’ 

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 in the exhibition: ‘‘Lords of the 

Samurai: Legacy of a Daimyo Family,’’ 

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 


rwilkins on PROD1PC63 with NOTICES
22200 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 

display of the exhibit objects at the 

Asian Art Museum, San Francisco, CA, 

from on or about June 12, 2009, until on 

or about September 20, 2009, 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 Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–453–8050). The 

address is U.S. Department of State, SA– 

44, 301 4th Street, SW., Room 700, 

Washington, DC 20547–0001. 

Dated: May 6, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational 

and Cultural Affairs, Department of State. 

[FR Doc. E9–11090 Filed 5–11–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6609] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Ron 

Arad: No Discipline’’ 

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 

‘‘Ron Arad: No Discipline,’’ 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 August 2, 2009, until on or about 

October 19, 2009, 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: 202–453–8048). The address 

is U.S. Department of State, SA–44, 301 

4th Street, SW., Room 700, Washington, 

DC 20547–0001. 

Dated: May 6, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational 

and Cultural Affairs, Department of State. 

[FR Doc. E9–11092 Filed 5–11–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Fort Drum Connector, Towns of Le 

Ray and Pamelia, Jefferson County, 

New York 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by FHWA 

and Other Federal Agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

agencies that are final within the 

meaning of 23 U.S.C. 139(l)(1). The 

actions relate to a proposed highway 

project, that includes construction of a 

new four-lane divided highway on new 

alignment that connects Interstate 81 (I– 

81) to the Fort Drum Army Base North 

Gate in the Towns of Le Ray and 

Pamelia in the State of New York. Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). A 

claim seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before November 9, 2009. 

If the Federal law that authorizes 

judicial review of a claim provides a 

time period of less than 180 days for 

filing such claim, then that shorter time 

period still applies. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey W. Kolb, P.E., Division 

Administrator, Federal Highway 

Administration, New York Division, Leo 

W. O’Brien Federal Building, 7th Floor, 

Clinton Avenue and North Pearl Street, 

Albany, New York 12207, Telephone: 

(518) 431–4127 or R. Carey Babyak, P.E., 

Regional Director, NYSDOT Region 7; 

317 Washington Street, Watertown, NY 

13601, Telephone: (315) 785–2333 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA, and other 

Federal agencies have taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following highway project in the 

State of New York: Fort Drum Connector 

project in the Towns of Le Ray and 

Pamelia, Jefferson County. The project 

will construct a 4.3 mile (6.9 km) fourlane divided highway on new alignment 

in compliance with Interstate design 

standards. A new free-flow trumpet 

interchange at I–81 would be located 

approximately 0.75 miles (1.2 km) north 

of Exit 48 (NY Route 342). The east end 

of the Connector will have a Single 

Point Urban Interchange (SPUI) at the 

US Route 11/North Memorial Drive 

intersection that is controlled with a 

traffic signal. The highway will have 

full control of access, with traffic 

entering only at the proposed 

interchanges with I–81 & US Route 11. 

Existing intersecting roads will be 

spanned with bridge structures, 

relocated, or dead-ended at the new 

highway. The actions by the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the Final Environmental Impact 

Statement (FEIS) for the project, 

approved on December 31, 2008 and in 

the FHWA Record of Decision (ROD) 

issued on March 6, 2009. The FEIS, 

ROD, and other project records are 

available by contacting the FHWA or the 

New York State Department of 

Transportation at the addresses 

provided above. 

This notice applies to all Federal 

agency decisions related to the Fort 

Drum Connector project as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including but not limited to: 

1. National Environmental Policy Act 

[42 U.S.C. 4321–4351]. 

2. Federal-Aid Highway Act [23 

U.S.C. 109 and 23 U.S.C. 128]. 

3. Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

4. Section 4(f) of the Department of 

Transportation Act of 1966 [49 U.S.C. 

303]. 

5. Endangered Species Act [16 U.S.C. 

1531–1544 and Section 1536]. 

6. Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

7. Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]. 

8. Civil Rights Act of 1964 [42 U.S.C. 

2000(d)–2000(d)(1)]. 

9. Farmland Protection Policy Act [7 

U.S.C. 4201–4209]. 

10. Wetlands and Water Resources: 

Clean Water Act (Section 404, Section 

401, Section 319) [33 U.S.C. 1251– 

1377]. 

11. Land and Water Conservation 

Fund [16 U.S.C. 4601–4604]. 


rwilkins on PROD1PC63 with NOTICES