Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 24059 

16For the purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

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

the Exchange’s request and designates 

the proposal operative upon filing.16

At any time within 60 days of the 

filing of such proposed rule change the 

Commission may summarily abrogate 

such 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 Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views and 

arguments concerning the foregoing, 

including whether the proposal 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 

No. SR–BATS–2009–013 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 No. 

SR–BATS–2009–013. 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 changes 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 BATS. 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 No. 

SR–BATS–2009–013 and should be 

submitted on or before June 12, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11941 Filed 5–21–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6630] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘James 

Ensor’’ 

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 ‘‘James 

Ensor,’’ 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 June 

28, 2009, until on or about September 

21, 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 18, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational 

and Cultural Affairs, Department of State. 

[FR Doc. E9–12017 Filed 5–21–09; 8:45 am] 

BILLING CODE 4710–05–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. WTO/DS384 and WTO/DS386] 

WTO Dispute Settlement Proceeding 

Regarding United States—Certain 

Country of Origin Labeling 

Requirements 

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 the United States 

received additional requests for 

consultations under the Marrakesh 

Agreement Establishing the World Trade 

Organization (‘‘WTO Agreement’’) 

concerning certain mandatory country 

of origin labeling (COOL) requirements 

from Canada and Mexico in separate 

letters dated May 7, 2009. Those 

requests may be found at http:// 

www.wto.org contained in documents 

designated as WT/DS384/1/Add.1 for 

Canada and WT/DS386/1/Add.1 for 

Mexico. USTR invites written comments 

from the public concerning the issues 

raised in these disputes. 

DATES: Although USTR will accept any 

comments received during the course of 

the dispute settlement proceedings, 

comments should be submitted on or 

before July 1, 2009, to be assured of 

timely consideration by USTR. 

ADDRESSES: Comments should be 

submitted electronically to http:// 

www.regulations.gov, docket number 

USTR–2009–0004. 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: Priti 

Seksaria Agrawal, Associate General 

Counsel, Office of the United States 

Trade Representative, 600 17th Street, 

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

3150. 

SUPPLEMENTARY INFORMATION: USTR is 

providing notice that consultations have 

been requested pursuant to the WTO 

Understanding on Rules and Procedures 


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24060 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 

Governing the Settlement of Disputes 

(‘‘DSU’’). If such consultations should 

fail to resolve the matter and a dispute 

settlement panel is established pursuant 

to the DSU, such 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 Canada 

On December 1, 2008, Canada 

requested consultations regarding U.S. 

mandatory COOL, and consultations 

were held on December 16, 2008. In its 

December 1, 2008 consultations request, 

Canada challenged the COOL provisions 

in the Agricultural Marketing Act of 

1946, as amended by the Food, 

Conservation, and Energy Act, 2008 

(2008 Farm Bill), and implemented in 

the U.S. Department of Agriculture 

(‘‘USDA’’) Interim Final Rule published 

on August 1, 2008. In Canada’s May 7, 

2009 letter requesting further 

consultations, Canada noted that the 

Interim Final Rule had been replaced by 

a USDA Final Rule published on 

January 15, 2009, and that on February 

20, 2009, the Secretary of Agriculture 

issued a letter regarding implementation 

of the Final Rule. 

Canada alleges that the U.S. measures 

appear to be inconsistent with the 

General Agreement on Tariffs and Trade 

1994 (‘‘GATT 1994’’), Articles III:4, IX:2, 

IX:4, and X:3, the Agreement on 

Technical Barriers to Trade (‘‘TBT 

Agreement’’), Article 2 or in the 

alternative, the Agreement on the 

Application of Sanitary and 

Phytosanitary Measures (‘‘SPS 

Agreement’’), Articles 2, 5, and 7, and 

the Agreement on Rules of Origin, 

Article 2. Additionally, Canada alleges 

these violations nullify or impair the 

benefits accruing to Canada under those 

Agreements and further appear to 

nullify or impair the benefits accruing to 

Canada in the sense of GATT 1994, 

Article XXIII:1(b). 

Major Issues Raised by Mexico 

On December 17, 2008, Mexico 

requested consultations regarding U.S. 

mandatory COOL, and consultations 

were held on February 27, 2009. In its 

December 17, 2008 consultations 

request, Mexico challenged the COOL 

provisions in the Agricultural Marketing 

Act of 1946, as amended by the Farm, 

Security, and Rural Investment Act of 

2002 and the Food, Conservation, and 

Energy Act, 2008, and implemented by 

the regulations published in 7 CFR parts 

60 and 65. In Mexico’s May 7, 2009 

letter requesting further consultations, it 

explained that this request concerns 

related measures and amendments 

adopted by the United States after 

Mexico’s initial request for 

consultations, including USDA’s Final 

Rule on COOL published on January 15, 

2009 and the Secretary of Agriculture’s 

letter on COOL dated February 20, 2009. 

Mexico alleges that the U.S. measures 

appear to be inconsistent with the 

GATT 1994, Articles III, IX, and X, the 

TBT Agreement, Article 2 and 12 or in 

the alternative, the SPS Agreement, 

Articles 2, 5, and 7, and the Agreement 

on Rules of Origin, Article 2. 

Additionally, Mexico alleges these 

violations nullify or impair the benefits 

accruing to Mexico under those 

Agreements and further appear to 

nullify or impair the benefits accruing to 

Mexico in the sense of GATT 1994, 

Article XXIII:1(b). 

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–2009–0004. 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–2009–0004 on the home 

page and click ‘‘go.’’ The site will 

provide a search-results 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 searchresults page, and click on the link 

entitled ‘‘Send a Comment or 

Submission.’’ (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 ‘‘General 

Comments’’ 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 ‘‘General Comments’’ 

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 to 

Sandy McKinzy at (202) 395–3640. A 

non-confidential summary of the 

confidential information must be 

submitted to http://www.regulations.gov 

or by fax. The non-confidential 

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, 

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 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 24061 

public inspection may be viewed on the 

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

Daniel Brinza, 

Assistant United States Trade Representative, 

for Monitoring and Enforcement. 

[FR Doc. E9–12004 Filed 5–21–09; 8:45 am] 

BILLING CODE 3190–W9–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. OST–2009–0121] 

Notice of Request for Information 

Collection Approval 

AGENCY: Office of the Secretary. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, (44 

U.S.C. 3501 et seq.) this notice 

announces the U.S. Department of 

Transportation’s (DOT) intention to 

renew the utilization of the individual 

employment discrimination complaint 

form when processing Equal 

Employment Opportunity (EEO) 

discrimination complaints filed by 

applicants for employment with the 

Department. The Office of Management 

and Budget (OMB) approved the form in 

2006 with its renewal required by July 

31, 2009. 

DATES: Comments on this notice must be 

received by July 21, 2009. 

ADDRESSES: You may submit comments 

[identified by DOT Docket Number 

OST–2009–0121] 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: 202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Room W12–140, Washington, DC 20590. 

• Hand Delivery or Courier: West 

Building, Room W12–140, 1200 New 

Jersey Avenue, SE., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except on Federal 

holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name (Office of the 

Secretary, DOT) and docket number for 

this rulemaking. You should provide 

two copies of your comments if you 

submit them by mail or courier. Note 

that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided, and will 

be available to Internet users. You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For Internet access to the 

docket to read background documents 

and comments received, go to http:// 

www.regulations.gov. Background 

documents and comments received may 

also be viewed at the U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., Docket Operations, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tami Wright, Associate Director, 

Compliance Operations Division (S–34), 

Departmental Office of Civil Rights, 

Office of the Secretary, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

202–366–9370 or (TTY) 202–366–0663. 

SUPPLEMENTARY INFORMATION: 

Form Title: Individual Complaint of 

Employment Discrimination. 

OMB Control Number: OMB #2105– 

0556. 

Type of Request: OMB renewal. 

Abstract: DOT will utilize the form to 

collect information necessary to process 

EEO discrimination complaints filed by 

individuals who are not Federal 

employees and are applicants for 

employment with the Department. 

These complaints are processed in 

accordance with the Equal Employment 

Opportunity Commission’s regulations, 

29 CFR part 1614, as amended. DOT 

will use the form to: (a) Request 

requisite information from the applicant 

for processing his/her EEO employment 

discrimination complaint; and (b) obtain 

information to identify an individual or 

his or her attorney or other 

representative, if appropriate. An 

applicant’s filing of an EEO employment 

complaint is solely voluntary. DOT 

estimates that it takes an applicant 

approximately one hour to complete the 

form. 

Respondents: Job Applicants filing 

EEO employment discrimination 

complaints. 

Estimated Number of Respondents: 10 

per year. 

Estimated Total Burden on 

Respondents: 10 hours per year. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is reasonable for the proper performance 

of the EEO functions of the Department, 

and (b) the accuracy of the Department’s 

estimate of the burden of the proposed 

information collection. All responses to 

the notice will be summarized and 

included in the request for Office of 

Management and Budget approval. All 

comments also will become a matter of 

public record. 

Issued in Washington, DC, on May 15, 

2009. 

Mary N. Whigham Jones, 

Acting Director, Departmental Office of Civil 

Rights. 

BILLING CODE 4910–9X–P 


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