Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 32217 

4 15 U.S.C. 78f. 

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

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

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

provide the Commission with written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Exchange has satisfied this requirement. 

8 17 CFR 240.19b–4(f)(6). 

9 17 CFR 240.19b–4(f)(6)(iii). 

10For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition 

and capital formation. 15 U.S.C. 78(c)(f). 11 17 CFR 200.30–3(a)(12). 

result, Rules 5000, 5100, 5400, 5500, 

5600, 5700, 5800, and 5900 will be 

renumbered as 5001, 5101, 5401, 5501, 

5601, 5701, 5801, and 5901 respectively. 

2. Statutory Basis 

Nasdaq believes that the proposed 

rule change is consistent with the 

provisions of Section 6 of the Act,4 in 

general and with Section 6(b)(5) of the 

Act,5 in particular in that it is designed 

to prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in regulating, clearing, 

settling, processing information with 

respect to, and facilitating transactions 

in securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. The 

proposed rule change is designed to 

bring consistency to the numbering and 

structure of certain rules, and to 

conform certain other rules to 

conventions already applied to other 

New Listing Rules. In addition, the 

proposed rule change corrects certain 

typographical errors inadvertently 

included when adopting the New 

Listing Rules. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Nasdaq 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, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change: (1) Does not significantly affect 

the protection of investors or the public 

interest; (2) does not impose any 

significant burden on competition; and 

(3) by its terms does not become 

operative for 30 days after the date of 

this filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) 6 of the Act and 

subparagraph (f)(6) of Rule 19b–4 7

thereunder. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 8 normally does not 

become operative for 30 days after the 

date of filing. However, Rule 19b– 

4(f)(6)(iii),9 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange requests that the Commission 

waive the 30-day operative delay so that 

the proposal may become operative 

immediately upon filing. The 

Commission believes that waiving the 

30-day operative delay will benefit the 

market and investors by making 

technical changes to conform the 

presentation of certain rules to be 

consistent to the conventions used in 

the New Listing Rules and correcting 

minor typographical errors, which 

should help to avoid confusion among 

Nasdaq’s members and other market 

participants. For these reasons, the 

Commission designates the proposed 

rule change as operative upon filing.10

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–NASDAQ–2009–052 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–NASDAQ–2009–052. 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 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–NASDAQ–2009–052 and 

should be submitted on or before July 

28, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–15904 Filed 7–6–09; 8:45 am] 

BILLING CODE 8010–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. WTO/DS394] 

WTO Dispute Settlement Proceeding 

Regarding China—Measures Related 

to the Exportation of Various Raw 

Materials 

AGENCY: Office of the United States 

Trade Representative. 

32218 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 

ACTION: Notice; request for comments. 

SUMMARY: The Office of the United 

States Trade Representative (‘‘USTR’’) is 

providing notice that on June 23, 2009, 

in accordance with the Marrakesh 

Agreement Establishing the World 

Trade Organization (‘‘WTO 

Agreement’’), the United States 

requested consultations regarding 

restraints on the export from China of 

various forms of bauxite, coke, 

fluorspar, magnesium, manganese, 

silicon carbide, silicon metal, yellow 

phosphorus, and zinc (the ‘‘materials’’). 

That request may be found at http:// 

www.wto.org contained in a document 

designated as WT/DS394/1. USTR 

invites written comments from the 

public concerning the issues raised in 

this dispute. 

DATES: Although USTR will accept any 

comments received during the course of 

the dispute settlement proceedings, 

comments should be submitted on or 

before July 31, 2009 to be assured of 

timely consideration by USTR. 

ADDRESSES: Comments should be 

submitted electronically to http:// 

www.regulations.gov, docket number 

USTR–2009–0016. 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: 

Shubha Sastry, Assistant General 

Counsel, or Katherine Tai, Associate 

General Counsel, Office of the United 

States Trade Representative, 600 17th 

Street, NW., Washington, DC 20508, 

(202) 395–6139 or (202) 395–9589. 

SUPPLEMENTARY INFORMATION: USTR is 

providing notice that consultations have 

been requested pursuant to the WTO 

Understanding on Rules and Procedures 

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 six to nine 

months after it is established. 

Major Issues Raised by the United 

States 

On June 23, 2009, the United States 

requested consultations regarding 

China’s restraints on the export from 

China of various forms of bauxite 

(‘‘bauxite’’ includes but is not limited to 

items falling under the following HS 

numbers, as listed in Attachment 1 of 

Notice ‘‘2009 Export Licensing 

Management Commodities List’’ 

(Ministry of Commerce and General 

Administration of Customs, Notice 

(2008) No. 100, January 1, 2009) (‘‘2009 

Export Licensing List’’) and/or Table 7 

of Notice Regarding the 2009 Tariff 

Implementation Program (State Council 

Tariff Policy Commission, shuiweihui 

(2008) No. 40, January 1, 2009) (‘‘2009 

Export Duty List’’): 2508300000/ 

25083000, 2606000000/26060000, 

26204000), coke (‘‘coke’’ includes but is 

not limited to items falling under the 

following HS numbers, as listed in the 

2009 Export Licensing List and/or the 

2009 Export Duty List: 2704001000/ 

27040010), fluorspar (‘‘fluorspar’’ 

includes but is not limited to items 

falling under the following HS numbers, 

as listed in the 2009 Export Licensing 

List and/or the 2009 Export Duty List: 

2529210000/25292100, 2529220000/ 

25292200), magnesium (‘‘magnesium’’ 

includes but is not limited to items 

falling under the following HS numbers, 

as listed in the 2009 Export Licensing 

List and/or the 2009 Export Duty List: 

81041100, 81041900, 81042000), 

manganese (‘‘manganese’’ includes but 

is not limited to items falling under the 

following HS numbers, as listed in the 

2009 Export Licensing List and/or the 

2009 Export Duty List: 26020000, 

8111001010/81110010, 8111001090/ 

81110010), silicon carbide (‘‘silicon 

carbide’’ includes but is not limited to 

items falling under the following HS 

numbers, as listed in the 2009 Export 

Licensing List and/or the 2009 Export 

Duty List: 2849200000, 3824909910), 

silicon metal (‘‘silicon metal’’ includes 

but is not limited to items falling under 

the following HS numbers, as listed in 

the 2009 Export Licensing List and/or 

the 2009 Export Duty List: 28046900), 

yellow phosphorus (‘‘yellow 

phosphorus’’ includes but is not limited 

to items falling under the following HS 

numbers, as listed in the 2009 Export 

Licensing List and/or the 2009 Export 

Duty List: 28047010), and zinc (‘‘zinc’’ 

includes but is not limited to items 

falling under the following HS numbers, 

as listed in the 2009 Export Licensing 

List and/or the 2009 Export Duty List: 

2608000001/26080000, 2608000090/ 

26080000, 7901119000/79011190, 

7901120000/79011200, 7901200000/ 

79012000, 79020000, 26201100, 

26201900). 

These restraints include: Quantitative 

restrictions on the export of bauxite, 

coke, fluorspar, silicon carbide, and 

zinc; export duties on bauxite, coke, 

fluorspar, magnesium, manganese, 

silicon metal, yellow phosphorus, and 

zinc; additional requirements and 

procedures (administered through 

China’s ministries and other 

organizations under the State Council as 

well as chambers of commerce) in 

connection with the export of the 

materials, including, but not limited to, 

restricting the right to export based on, 

for example, prior export experience, 

establishing criteria that foreigninvested enterprises must satisfy in 

order to export that are different from 

those that domestic entities must satisfy, 

and requiring exporters to pay fees; and 

a minimum export price system for the 

materials and requiring the examination 

and approval of export contracts and 

export prices (administered through 

China’s ministries and other 

organizations under the State Council as 

well as chambers of commerce). 

USTR believes that these export 

restraints are inconsistent with China’s 

obligations under Articles VIII, X, and 

XI of the General Agreement on Tariffs 

and Trade 1994; paragraphs 5.1, 5.2, 

8.2, and 11.3 of Part I of the Protocol on 

the Accession of the People’s Republic 

of China (‘‘Accession Protocol’’); and 

the provisions of paragraph 1.2 of Part 

I of the Accession Protocol (which 

incorporates commitments in 

paragraphs 83, 84, 162, and 165 of the 

Report of the Working Party on the 

Accession of China). 

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–2009–0016. 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–2009–0016 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.) 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 32219 

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 

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. E9–15861 Filed 7–6–09; 8:45 am] 

BILLING CODE 3190–W9–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for the use of foreign U–69 

guard bars, Manganese Castings, 

Turnout braces, and weld kits in the 

Federal-aid construction project for the 

CREATE Project in Illinois. 

DATES: The effective date of the waiver 

is July 8, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via e-mail at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via e-mail 

at michael.harkins@dot.gov. Office 

hours for the FHWA are from 7:45 a.m. 

to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America regulations 

in 23 CFR 635.410 require a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application of such requirements would 

be inconsistent with the public interest 

or when satisfactory quality domestic 

steel and iron products are not 

sufficiently available. This notice 

provides information regarding the 

FHWA’s finding that a Buy America 

waiver is appropriate for the U–69 guard 

bars, Manganese Castings, Turnout 

braces, and weld kits for the CREATE 

project in Illinois. 

In accordance with Division I, section 

126 of the ‘‘Omnibus Appropriations 

Act, 2009’’ (Pub. L. 111–8), the FHWA 

published a notice of intent to issue a 

waiver on its Web site for the U–69 

guard bars, Manganese Castings, 

Turnout braces, and weld kits (http:// 

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=33) on May 

20th. The FHWA received no comments 

in response to this notice, which 

suggested that the U–69 guard bars, 

Manganese Castings, Turnout braces, 

and weld kits may not be available 

domestically. During the 15-day 

comment period, the FHWA conducted 

an additional nationwide review to 

locate potential domestic manufacturers 

for the U–69 guard bars, Manganese 

Castings, Turnout braces, and weld kits. 

Based on all the information available to 

the agency, the FHWA concludes that 

there are no domestic manufacturers for 

the U–69 guard bars, Manganese 

Castings, Turnout braces, and weld kits. 

Thus, the FHWA concludes that a Buy 

America waiver is appropriate as 

provided by 23 CFR 635.410(c)(1). 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat. 1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the link provided to the Illinois 

waiver page noted above. 

Authority: 23 U.S.C. 313; Public Law 110– 

161, 23 CFR 635.410. 

Issued on: June 26, 2009. 

King W. Gee, 

Associate Administrator for Infrastructure. 

[FR Doc. E9–15854 Filed 7–6–09; 8:45 am] 

BILLING CODE 4910–22–P