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, 25796-25797 [E9-12423]
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25796
Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices
II. Discussion and Findings
DEPARTMENT OF TRANSPORTATION
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.
Office of the Secretary
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]
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BILLING CODE 1505–01–D
9 15
U.S.C. 78o–3(b)(6).
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).
10 In
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17:24 May 28, 2009
Jkt 217001
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
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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,
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices
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.
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17:24 May 28, 2009
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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: https://
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
https://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
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25797
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:
https://www.archives.gov and the
Government Printing Office’s Web page
at https://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
https://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
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]]>Agencies
[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25796-25797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12423]
-----------------------------------------------------------------------
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,
[[Page 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[reg] 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[reg] system is a processor-based 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 hand- operated 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: https://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 https://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
