37286 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 

8Securities Exchange Act Release No. 59039 

(December 2, 2008), 73 FR 74770 (December 9, 

2008) (SR–NYSEArca–2006–21). 9 17 CFR 200.30–3(a)(12). 

receipt of data, which data, other than 

the proposed access fee, is currently 

provided free of charge. In addition, the 

Exchange believes that its fees are 

equitably allocated among its 

constituents based upon the number of 

access ports that they require to submit 

orders to the Exchange or receive data 

from the Exchange. The Exchange 

believes that its fees for access services 

will enable it to better cover its 

infrastructure costs and to improve its 

market technology and services. 

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, as amended. 

Fees for market access will be a 

component of the overall fees charged 

by the Exchange to execute and route 

orders through the Exchange. As the 

Commission has recognized, the market 

for execution and routing services is 

extremely competitive.8 Market 

participants that choose not to connect 

directly to the Exchange can readily 

access liquidity available on the 

Exchange by directing their order flow 

to other venues that, under Regulation 

NMS, must route to the Exchange if it 

has posted the best price. Accordingly, 

the Exchange must set its fees, including 

access service fees, at a level that will 

not deter market participants from 

connecting to the Exchange; otherwise, 

potential users of the Exchange’s 

services will simply direct order flow to 

the Exchange’s multiple competitors. In 

addition, the Exchange believes that the 

proposed port fees are consistent with 

or less than the port fees charged by its 

competitors. With respect to market 

data, the Exchange does not charge any 

fees for such data. Although it will now 

begin imposing a fee related to access to 

such data, for market participants that 

receive such data directly from the 

Exchange, the Exchange believes that its 

free provision of data justifies such 

market participants paying some 

amount in order to help the Exchange 

offset the infrastructure costs of 

providing such data. 

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 written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

A. By order approve such proposed 

rule change, or 

B. institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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–2009–026 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–2009–026. 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 will also 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–BATS–2009–026 and 

should be submitted on or before 

August 18, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–17865 Filed 7–27–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6708] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Eccentric Visions: The Worlds of Luo 

Ping (1733–1799)’’ 

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 ‘‘Eccentric 

Visions: The Worlds of Luo Ping (1733– 

1799),’’ 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 Metropolitan Museum of 

Art, New York, NY, from on or about 

October 6, 2009, until on or about 

January 10, 2010, 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices 37287 

1For purposes of the Financial & Operating 

Statistics (F&OS) program, passenger carriers are 

classified into the following two groups; (1) Class 

I carriers are those having average annual gross 

transportation operating revenues (including 

interstate and intrastate) of $5 million or more from 

passenger motor carrier operations after applying 

the revenue deflator formula as shown in the Note 

at 49 CFR 369.3; and (2) Class II passenger carriers 

are those having average annual gross 

transportation operating revenues (including 

interstate and intrastate) of less than $5 million 

from passenger motor carrier operations after 

applying the revenue deflator formula as shown in 

the Note at 49 CFR 369.3. Only Class I carriers of 

passengers are required to file the Annual and 

Quarterly Report Form MP–1. Class II passenger 

carriers, however, must notify the agency when 

there is a change in their classification or their 

revenues exceed the Class II limit. 

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: July 20, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational 

and Cultural Affairs, Department of State. 

[FR Doc. E9–17912 Filed 7–27–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6709] 

Waiver of Restriction on Assistance to 

the Central Government of the Kyrgyz 

Republic 

Pursuant to section 7088(c)(2) of the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act, 2009 (Division H, 

Pub. L. 111–8) (‘‘the Act’’), and 

Department of State Delegation of 

Authority Number 245–1, I hereby 

determine that it is important to the 

national interest of the United States to 

waive the requirements of section 

7088(c)(1) of the Act with respect to the 

Government of the Kyrgyz Republic, 

and I hereby waive such restriction. 

This determination shall be reported 

to the Congress, and published in the 

Federal Register. 

Dated: July 14, 2009. 

Jacob L. Lew, 

Deputy Secretary of State for Management 

and Resources, Department of State. 

[FR Doc. E9–17911 Filed 7–27–09; 8:45 am] 

BILLING CODE 4710–46–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2009–0170] 

Agency Information Collection 

Activities; Revision of a Currently 

Approved Information Collection 

Request: Annual and Quarterly Report 

of Class I Motor Carriers of 

Passengers (OMB 2139–0003) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit to 

the Office of Management and Budget 

(OMB) for approval its request to revise 

a currently approved information 

collection request (ICR) entitled, 

‘‘Annual and Quarterly Report of Class 

I Motor Carriers of Passengers.’’ This 

information collection is necessary to 

ensure that motor carriers comply with 

financial and operating statistics 

requirements at chapter III of title 49 

CFR part 369 entitled, ‘‘Reports of Motor 

Carriers.’’ On March 24, 2009, FMCSA 

published a Federal Register notice (at 

74 FR 12436) allowing for a 60-day 

comment period on the revision of this 

ICR. The comment received in response 

to the notice expressed support for this 

ICR. 

DATES: Please send your comments by 

August 27, 2009. OMB must receive 

your comments by this date in order to 

act quickly on the ICR. 

ADDRESSES: All comments should 

reference Federal Docket Management 

System (FDMS) Docket Number 

FMCSA–2009–0170. Interested persons 

are invited to submit written comments 

on the proposed information collection 

to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget. Comments 

should be addressed to the attention of 

the Desk Officer, Department of 

Transportation/Office of the Secretary, 

and sent via electronic mail to 

oira_submission@omb.eop.gov, or faxed 

to (202) 395–6974, or mailed to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Docket Library, Room 10102, 

725 17th Street, NW., Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Vivian Oliver, Office of Research and 

Information Technology, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, West Building 

6th Floor, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. Telephone: 

202–366–2974; e-mail 

Vivian.Oliver@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Annual and Quarterly Report of 

Class I Motor Carriers of Passengers 

(formerly OMB Control Number 2139– 

0003). 

OMB Control Number: 2126–0031. 

Type of Request: Revision of a 

currently-approved information 

collection request. 

Respondents: Class I Motor Carriers of 

Passengers. 

Estimated Number of Respondents: 6. 

Estimated Time per Response: 18 

minutes per response. 

Expiration Date: 09/30/2009. 

Frequency of Response: Quarterly and 

annually. 

Estimated Total Annual Burden: 9 

hours [30 responses × 18 minutes per 

response/60 minutes = 9]. 

Background: For-hire Class I motor 

carriers of passengers (including 

interstate and intrastate) 1 are required 

to file Motor Carrier Annual and 

Quarterly Reports (Form MP–1) that 

provide financial and operating data 

(see 49 U.S.C. 14123; and implementing 

FMCSA regulations at 49 CFR part 369). 

The agency uses this information to 

assess the health of the industry and 

identify industry changes that may 

affect national transportation policy. 

The data also show company financial 

stability and traffic patterns. Motor 

carriers of passengers required to 

comply with the regulations are 

classified on the basis of their annual 

gross carrier operating revenues. Under 

the Financial & Operating Statistics 

(F&OS) program, the FMCSA collects 

balance sheet and income statement 

data along with information on tonnage, 

mileage, employees, transportation 

equipment, and other related data. 

The data and information collected is 

made publicly available as prescribed in 

49 CFR part 369. Class I motor carriers 

are required by 49 U.S.C. 14123 to file 

annual financial reports with the 

Secretary. The Secretary has exercised 

his discretion under section 14123 to 

also require Class I property carriers 

(including dual-property carriers), Class 

I household goods carriers and Class I 

passengers carriers to file quarterly 

reports. 

Over the years, the regulations were 

formerly administered by the Interstate 

Commerce Commission (ICC), but the 

ICC Termination Act of 1995 (ICCTA) 

(Pub. L. 104–88, 109 Stat. 803 (Dec. 29, 

1995); now codified at 49 U.S.C. 14123) 

abolished the ICC and transferred the 

responsibility for collecting and 

disseminating motor carrier financial 

information to the Secretary of 

Transportation (Secretary). On 

September 30, 1998, the Secretary 

delegated and transferred the authority 

mstockstill on DSKH9S0YB1PROD with NOTICES