Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 27583 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(4). 

9 15 U.S.C. 78s(b)(3)(A)(ii). 

10 17 CFR 240.19b–4(f)(2). 11 17 CFR 200.30–3(a)(12). 

securities priced below $1.00 nor does 

it apply to odd lot orders routed to 

NYSE Arca; such order types will 

continue to be priced as set forth on the 

Exchange’s fee schedule. In addition, 

the Exchange will maintain the pricing 

currently charged by the Exchange for 

BATS + NYSE ARCA Destination 

Specific Orders for Tape B securities 

and for all other Destination Specific 

Orders. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder that 

are applicable to a national securities 

exchange, and, in particular, with the 

requirements of Section 6 of the Act.7

Specifically, the Exchange believes that 

the proposed rule change is consistent 

with Section 6(b)(4) of the Act,8 in that 

it provides for the equitable allocation 

of reasonable dues, fees and other 

charges among members and other 

persons using any facility or system 

which the Exchange operates or 

controls. The Exchange notes that it 

operates in a highly competitive market 

in which market participants can 

readily direct order flow to competing 

venues if they deem fee levels at a 

particular venue to be excessive. 

Finally, the Exchange believes that the 

proposed rates are equitable in that they 

apply uniformly to all Members. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change imposes any 

burden on competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were solicited 

or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing proposed rule change 

has been designated as a fee change 

pursuant to Section 19(b)(3)(A)(ii) of the 

Act 9 and Rule 19b–4(f)(2) thereunder,10

because it establishes or changes a due, 

fee or other charge imposed on members 

by the Exchange. Accordingly, the 

proposal is effective upon filing with 

the Commission. 

At any time within 60 days of the 

filing of the 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 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–2009–017 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–2009–017. 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 such 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 publicly available. All 

submissions should refer to File 

Number SR–BATS–2009–017 and 

should be submitted on or before July 1, 

2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–13553 Filed 6–9–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application for Special 

Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications for special 

permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ‘‘Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before July 10, 2009. 

ADDRESSES: Address Comments to: 

Record Center, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 

Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, Southeast, Washington 

DC or at http://fdms.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with Part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 


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27584 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 

Issued in Washington, DC, on June 3, 2009. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 

New Special Permits 

14853–N ...... E.I. DuPont de Nemours & Company, 

Inc., Wilmington, DE.

49 CFR .............................. To authorize the one-time, one-way transportation in commerce of a damaged DOT 

Specification 51 portable tank containing 

the residue of a non-flammable liquefied 

gas for repair. 

14854–N ...... Airgas, Inc., Radnor, 

PA.

49 CFR 180.209 ................ To authorize the transportation in commerce 

of certain DOT 3AL cylinders manufactured 

from aluminum alloy 6061–T6 that are requalified every ten years rather than every 

five years using 100% ultrasonic examination and are not required to be hammer 

tested prior to each refill. (modes 1,2,3,4) 

14855–N ...... Portersville Sales and 

Testing, Inc., 

Portersville, PA.

49 CFR 180.209(a) and (b) To authorize the transportation in commerce 

of DOT 3A, 3AA, 3AX, 3AAX and 3T cylinders in MEGC’s tube trailers, and 

independantly packaged cylinders mounted 

on transportable framework to be periodically requalified every ten years using test 

methods authorized under DOT–SP 12629 

or 14453. (modes 1, 2, 3, 4) 

14856–N ...... BKC Industries, Inc., 

Creedmoor, NC.

49 CFR 180.209(a) and (b) To authorize the transportation in commerce 

of DOT 3A, 3AA, 3AX, 3AAX and 3T cylinders in MEGC’s tube trailers, and 

independantly packaged cylinders mounted 

on transportable framework to be periodically requalified every ten years using test 

methods authorized under DOT–SP 12629 

or 14453. (modes 1,2,3,4) 

14857–N ...... Western Sales & Testing, Amarillo, TX.49 CFR 180.209(a) and (b) To authorize the transportation in commerce 

of DOT 3A, 3AA, 3AX, 3AAX and 3T cylinders in MEGC’s tube trailers, and 

independantly packaged cylinders mounted 

on transportable framework to be periodically requalified every ten years using test 

methods authorized under DOT–SP 12629 

or 14453. (modes 1,2,3,4) 

14858–N ...... ECI Fuel Systems, 

Mira Loma, CA.

49 CFR 177.834(h) and 

178.700 to 178.819.

To authorize the manufacture, mark and to 

sale of refueling tanks of less than 119 gallon capacity as intermediate bulk containers for use in transporting various Class 

3 hazardous materials. (mode 1) 

14859–N ...... Minuteman Aviation 

Inc. (MAI), Missoula, 

MT.

49 CFR 172.101 HMT Column (9B), 172.200, 

172.300, 172.400.

To authorize the transportation of certain forbidden explosives and other hazardous 

materials by helicopter in remote areas of 

the US for seismic exploration without 

being subject to hazard communication requirements and quantity limitations. (mode 

4) 

14860–N ...... Alaska Airlines, Seattle, WA.49 CFR 173.302(f) ............. To authorize the transportation in commerce 

of cylinders of compressed oxygen and oxidizing gases without rigid outer packaging 

when no other means of transportation 

exist. (mode 4) 

14861–N ...... Gliko Aviation Inc., 

Belt, MT.

49 CFR 172.101 HMT Column (9B), 172.200, 

172.300, 172.400.

To authorize the transportation of certain forbidden explosives and other hazardous 

materials by helicopter in remote areas of 

the US for seismic exploration without 

being subject to hazard communication requirements and quantity limitations. (mode 

4) 

14862–N ...... U.S. Custom Harvesters, Inc., Hutchinson, KS.49 CFR 172.504 ................ To authorize the transportation in commerce 

of 1,000 gallons of diesel fuel without 

placarding the motor vehicle. (mode 1) 


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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 27585 

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 

14864–N ...... Balchem Corporation, 

New Hampton, NY.

49 CFR 173.24(b)(1), 

174.3 and 177.834(h).

To authorize the transportation in commerce 

of ethylene and allows for the controlled release of the hazardous material for the purposes of ripening fruits or vegetables. 

(modes 1, 2) 

14865–N ...... Alaska Railroad Corporation, Anchorage, AK.49 CFR 172.101 Column 

(9A).

To authorize the transportation in commerce 

of liquefied petroleum gas in a specially designed vault when transported by railroad 

in Alaska. (mode 2) 

14866–N ...... Fluorochemika Laboratories, LLC, Wilmington, DE.49 CFR 173.301(f)(1) ........ To authorize the transportation in commerce 

of sulfuryl fluoride in certain DOT specification cylinders that are not equipped with a 

pressure relief device. (modes 1, 2, 3) 

14867–N ...... GTM Technologies, 

Inc., Amarillo, TX.

49 CFR 173.302a, 

173.304a.

To authorize the manufacture, marking, sale 

and use of non-DOT specification fiber reinforced hoop wrapped cylinders with water 

capacities of up to 120 cubic feet for use in 

transporting certain Class 2 gases. (modes 

1, 2, 3, 4, 5) 

14868–N ...... Wal-Mart Stores, Inc., 

Bentonville, AR.

49 CFR 172.102(c) Special 

provision 130, 

172.200(a) and 

173.185(d).

To authorize the transportation in commerce 

of certain batteries intended for recycling, 

disposal or liquidation in an alternative 

packaging configuration transported under 

refrigeration. (mode 1) 

14869–N ...... Airgas, Inc., Cheyenne, WY.49 CFR 178.337–17 .......... To authorize the transportation in commerce 

of two non-DOT specification cargo tank 

motor vehicles that have missing ASME 

identification plates. (mode 1) 

[FR Doc. E9–13426 Filed 6–9–09; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Intent To Prepare an 

Environmental Impact Statement USH 

41, Brown County, WI 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of intent to prepare an 

Environmental Impact Statement. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that an 

Environmental Impact Statement (EIS) 

will be prepared for transportation 

improvements in the USH 41 corridor in 

Brown County, Wisconsin. The EIS is 

being prepared in conformance with 40 

CFR 1500 and FHWA regulations. 

SUPPLEMENTARY INFORMATION: The 

Federal Highway Administration 

(FHWA), in cooperation with the 

Wisconsin Department of 

Transportation (WisDOT), will prepare 

an Environmental Impact Statement 

(EIS) on improvements needed to safely 

accommodate local and regional traffic 

and to preserve the traffic carrying 

capacity on an approximate 3.5-mile 

portion of USH 41 between Memorial 

Drive and CTH M (Lineville Road) 

including the reconstruction of the 

interchange at USH 41 and Interstate 43 

in the City of Green Bay, the Village of 

Howard and the Village of Suamico, 

Brown County, Wisconsin. The EIS will 

evaluate no build and build alternatives 

for this portion of the USH 41 corridor. 

Participation by the public, local 

officials, State and Federal regulatory 

agencies, American Indian Tribes and 

other interests will be solicited through 

public information meetings, agency 

coordination meetings, and a public 

hearing. Opportunities to be 

participating and/or cooperating 

agencies and to provide input on the 

project’s coordination plan and impact 

assessment methodology will also be 

provided under section 6002 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU). 

This study shall comply with Title VI 

of the Civil Rights Act and of Executive 

Order 12898, which prohibits 

discrimination on the basis of race, 

color, age, sex, or country of national 

origin in the implementation of this 

action. To ensure that the full range of 

issues related to this proposed action is 

addressed, and all substantive issues are 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action should be directed to 

FHWA or WisDOT at the addresses 

provided below (Catalog of Federal 

Domestic Assistance Program Number 

20.205, Highway Planning and 

Construction.) 

FOR FURTHER INFORMATION CONTACT: 

David Platz, Field Operations Engineer, 

Federal Highway Administration, 525 

Junction Road, Suite 8000, Madison, WI 

53717–2157; Telephone: (608) 829– 

7509. You may also contact Eugene 

Johnson, Director, Bureau of Equity and 

Environmental Services, Wisconsin 

Department of Transportation, P.O. Box 

7916, Madison, Wisconsin 53707–7916: 

Telephone: (608) 267–9527. 

An electronic copy of this document 

may be downloaded from the 

Government Printing Office’s Electronic 

Bulletin Board Service at (202) 512– 

1661 by using a computer modem and 

suitable communications software. 

Internet users may reach the Office of 

Federal Register’s home page at: http:// 

www.archives.gov/ and the Government 

Printing Office’s database at: http:// 

www.gpoaccess.gov/nara/index.html. 

Authority: 23 U.S.C. 315; 49 CFR 1.48. 

Issued on June 4, 2009. 

Tracey McKenney, 

Program Operations Engineer, Federal 

Highway Administration, Madison, 

Wisconsin. 

[FR Doc. E9–13565 Filed 6–9–09; 8:45 am] 

BILLING CODE P 


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