25796 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

9 15 U.S.C. 78o–3(b)(6). 

10 In approving this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition and capital formation. See 

15 U.S.C. 78c(f). 

11 15 U.S.C. 78s(b)(2). 

12 17 CFR 200.30–3(a)(12). 

II. Discussion and Findings 

After careful review of the proposal, 

the Commission finds that the proposed 

rule change is consistent with the 

provisions of Section 15A(b)(6) of the 

Act,9 which requires, among other 

things, that FINRA rules must be 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, and, in general, to protect 

investors and the public interest.10 The 

Commission believes that the proposed 

rule change will continue to provide 

FINRA with an important tool in 

regulating members’ sales of mutual 

fund shares, consistent with the goals of 

protecting investors and the public 

interest. 

III. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,11 that the 

proposed rule change (SR–FINRA– 

2009–018) be, and hereby is, approved. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–12443 Filed 5–28–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59908; File No. SR–BX– 

2009–021] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

of Proposed Rule Change to Amend 

the Restated Certificate of 

Incorporation and By-Laws of 

NASDAQ OMX BX, Inc. 

Correction 

In notice document E9–11609, 

beginning on page 23459 in the issue of 

Tuesday, May 19, 2009, make the 

following correction: 

On page 23462, in the second column, 

in the second line, ‘‘June 8, 2009’’ 

should read ‘‘June 9, 2009’’. 

[FR Doc. Z9–11609 Filed 5–28–09; 8:45 am] 

BILLING CODE 1505–01–D 

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 May 16, 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– 

0110. 

Date Filed: May 11, 2009. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: June 1, 2009. 

Description: Application of Federal 

State Unitary Air Enterprise of Ministry 

For Emergency Situations of Russia 

requesting a foreign air carrier permit 

enabling it to engage in charter foreign 

air transportation of property and mail 

between a point or points in the Russian 

Federation and a point or points in the 

United States and in other charter trips 

in foreign air transportation, including 

between any point or points in the 

United States and any point or points in 

a third country or countries, subject to 

pertinent national, bilateral and 

international rules and regulations. 

Docket Number: DOT–OST–2009– 

0116. 

Date Filed: May 12, 2009. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: June 2, 2009. 

Description: Application of Key Lime 

Air Corp. requesting commuter air 

carrier authorization so that it may 

provide scheduled passenger service 

between Denver’s Rocky Mountain 

Metropolitan Airport (BJC) and Grand 

Junction, Colorado (GJT). 

Docket Number: DOT–OST–2009– 

0120. 

Date Filed: May 14, 2009. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: June 4, 2009. 

Description: Application of Vision 

Airlines, Inc. (‘‘Vision’’) requesting an 

amendment to its certificate of public 

convenience and necessity which would 

authorize Vision to engage in scheduled 

interstate air transportation of persons, 

property and mail with large aircraft. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E9–12570 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending May 16, 2009 

The following Agreements were filed 

with the Department of Transportation 

under the 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– 

0113. 

Date Filed: May 11, 2009. 

Parties: Members of the International 

Air Transport Association. 

Subject: CSC/31/Meet/005/09 dated 

April 8, 2009. Finally Adopted 

Resolutions: Resolution 623 and 

Recommended Practice 1630. Intended 

effective date: 1 October 2009. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E9–12576 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System or Relief From 

the Requirements of Title 49 Code of 

Federal Regulations Part 236 

Pursuant to Title 49 Code of Federal 

Regulations (CFR) Part 235 and 49 

U.S.C. 20502(a), the following railroad 

has petitioned the Federal Railroad 

Administration (FRA) seeking approval 

for the discontinuance or modification 

of the signal system or relief from the 

requirements of 49 CFR Part 236, as 

detailed below. 

Docket Number FRA–2009–0037. 

Applicant: Norfolk Southern 

Corporation, Mr. B. L. Sykes, Chief 

Engineer C&S Engineering, 

Communications & Signal Department, 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25797 

1200 Peachtree Street, N.E.—Box 123, 

Atlanta, Georgia 30309. 

The Norfolk Southern Corporation 

(NS) request a waiver pertaining to the 

use of a device for automated execution 

of certain FRA required tests made at 

interlockings and control points on the 

NS system. 

The reasons given for the proposed 

waiver is to permit NS to use the 

automated test system, known as the 

InterTest® system, for subject testing in 

lieu of tests being performed manually, 

as well as to permit use of electronic 

signature for documentation and storage 

of results of tests performed during two 

year and in service testing. 

The InterTest® system is a processorbased system that performs testing by 

electronically exercising the inputs to 

the interlocking and control point 

locking circuitry in a manner which 

replicates that done by humans during 

a manual test. The interlocking tester 

consists of three subsystems that are 

tied together by a central control 

computer. 

NS proposes to use the automated 

tester to make the following FRA 

required 2-year tests: 49 CFR 236.378— 

Time Locking; 49 CFR 236.379—Route 

Locking; 49 CFR 236.380—Indication 

Locking; 

NS proposes to use the automated 

tester to make the following in service 

tests: 49 CFR 236.201—Track circuit 

control of signals; 49 CFR 236.202— 

Signal governing movements over handoperated switch; 49 CFR 236.204— 

Track signaled for movements in both 

directions, requirements; 49 CFR 

236.402—Signals controlled by track 

circuits and control operator; 49 CFR 

236.403—Signals at control point; 49 

CFR 236.404—Signal at adjacent control 

points; 49 CFR 236.405—Track signaled 

for movements in both directions, 

change of direction of traffic; 49 CFR 

236.107—Ground Tests; and to create 

and maintain records of tests according 

to 49 CFR 236.110—Results of tests. 

Any interested party desiring to 

protest the granting of an application 

shall set forth specifically the grounds 

upon which the protest is made, and 

include a concise statement of the 

interest of the party in the proceeding. 

Additionally, one copy of the protest 

shall be furnished to the applicant at the 

address listed above. 

FRA expects to be able to determine 

these matters without an oral hearing. 

However, if a specific request for an oral 

hearing is accompanied by a showing 

that the party is unable to adequately 

present his or her position by written 

statements, an application may be set 

for public hearing. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0037) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.—5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and 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.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC; on May 22, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–12423 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statements: 

National Summary of Rescinded 

Notices of Intent 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that 12 States 

have rescinded Notices of Intent (NOI) 

to prepare 17 Environmental Impact 

Statements (EISs) for proposed highway 

projects. FHWA Division Offices, in 

consultation with the State Departments 

of Transportation (State DOT), 

determined that eight projects were no 

longer viable and have formally 

cancelled the projects. No resources will 

be expended on these projects; the 

environmental review process has been 

terminated. Seven projects are being 

reevaluated and, or have been reduced 

in scope and now meet the criteria for 

an Environmental Assessment (EA) or a 

Categorical Exclusion (CE). Two projects 

rescinded NOIs and will issue new NOIs 

as the project limits and impacts have 

changed. 

FOR FURTHER INFORMATION CONTACT: 

Bethaney Bacher-Gresock, Office of 

Project Development and Environmental 

Review, (202) 366–4196; Janet Myers, 

Office of the Chief Counsel, (202) 366– 

2019; Federal Highway Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded by accessing the 

Federal Register’s home page at: 

http://www.archives.gov and the 

Government Printing Office’s Web page 

at http://www.gpoaccess.gov/nara. 

Background 

The FHWA, as lead Federal agency 

under the National Environmental 

Policy Act and in furtherance of its 

oversight and stewardship 

responsibilities under the Federal-aid 

Highway Program, has requested that its 

Division Offices review, with the State 

DOTs, the status of all EISs and place 

those projects that are not actively 

progressing in a timely manner in an 

inactive project status. The FHWA 

maintains lists of active and inactive 

projects on its Web site at 

http://www.environment.fhwa.dot.gov/. 

The FHWA has determined that inactive 

projects that are no longer a priority or 

that lack resources should be rescinded 

mstockstill on PROD1PC66 with NOTICES