Office of Hazardous Materials Safety; Notice of Application for Special Permits, 27583-27585 [E9-13426]
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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices
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.
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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
7 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
9 15 U.S.C. 78s(b)(3)(A)(ii).
10 17 CFR 240.19b–4(f)(2).
8 15
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15:18 Jun 09, 2009
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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 (https://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 (https://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
PO 00000
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27583
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 https://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)).
11 17
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CFR 200.30–3(a)(12).
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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
E.I. DuPont de Ne49 CFR ..............................
mours & Company,
Inc., Wilmington, DE.
14854–N ......
Airgas, Inc., Radnor,
PA.
49 CFR 180.209 ................
14855–N ......
Portersville Sales and
Testing, Inc.,
Portersville, PA.
49 CFR 180.209(a) and (b)
14856–N ......
BKC Industries, Inc.,
Creedmoor, NC.
49 CFR 180.209(a) and (b)
14857–N ......
Western Sales & Testing, Amarillo, TX.
49 CFR 180.209(a) and (b)
14858–N ......
ECI Fuel Systems,
Mira Loma, CA.
49 CFR 177.834(h) and
178.700 to 178.819.
14859–N ......
Minuteman Aviation
Inc. (MAI), Missoula,
MT.
49 CFR 172.101 HMT Column (9B), 172.200,
172.300, 172.400.
14860–N ......
Alaska Airlines, Seattle, WA.
49 CFR 173.302(f) .............
14861–N ......
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14853–N ......
Gliko Aviation Inc.,
Belt, MT.
49 CFR 172.101 HMT Column (9B), 172.200,
172.300, 172.400.
14862–N ......
U.S. Custom Harvesters, Inc., Hutchinson, KS.
49 CFR 172.504 ................
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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.
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)
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)
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)
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)
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)
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)
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)
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)
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
Application
No.
Docket No.
Applicant
Regulation(s) affected
14864–N ......
Balchem Corporation,
New Hampton, NY.
49 CFR 173.24(b)(1),
174.3 and 177.834(h).
14865–N ......
Alaska Railroad Corporation, Anchorage, AK.
49 CFR 172.101 Column
(9A).
14866–N ......
Fluorochemika Laboratories, LLC, Wilmington, DE.
49 CFR 173.301(f)(1) ........
14867–N ......
GTM Technologies,
Inc., Amarillo, TX.
49 CFR 173.302a,
173.304a.
14868–N ......
Wal-Mart Stores, Inc.,
Bentonville, AR.
49 CFR 172.102(c) Special
provision 130,
172.200(a) and
173.185(d).
14869–N ......
Airgas, Inc., Cheyenne, WY.
49 CFR 178.337–17 ..........
[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
erowe on PROD1PC63 with NOTICES
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
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15:18 Jun 09, 2009
Jkt 217001
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.)
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27585
Nature of special permits thereof
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)
To authorize the transportation in commerce
of liquefied petroleum gas in a specially designed vault when transported by railroad
in Alaska. (mode 2)
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)
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)
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)
To authorize the transportation in commerce
of two non-DOT specification cargo tank
motor vehicles that have missing ASME
identification plates. (mode 1)
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: https://
www.archives.gov/ and the Government
Printing Office’s database at: https://
www.gpoaccess.gov/nara/.
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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]]>Agencies
[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27583-27585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13426]
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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--Passenger-carrying
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 self-addressed 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 https://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)).
[[Page 27584]]
Issued in Washington, DC, on June 3, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.
----------------------------------------------------------------------------------------------------------------
Regulation(s) Nature of special
Application No. Docket No. Applicant affected permits thereof
----------------------------------------------------------------------------------------------------------------
New Special Permits
----------------------------------------------------------------------------------------------------------------
14853-N............. ...................... E.I. DuPont de 49 CFR............ To authorize the one-
Nemours & Company, time, one-way
Inc., Wilmington, transportation in
DE. commerce of a damaged
DOT Specification 51
portable tank
containing the residue
of a non-flammable
liquefied gas for
repair.
14854-N............. ...................... Airgas, Inc., 49 CFR 180.209..... To authorize the
Radnor, PA. 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 49 CFR 180.209(a) To authorize the
and Testing, Inc., and (b). transportation in
Portersville, PA. 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, 49 CFR 180.209(a) To authorize the
Inc., Creedmoor, and (b). transportation in
NC. 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 & 49 CFR 180.209(a) To authorize the
Testing, Amarillo, and (b). transportation in
TX. 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, 49 CFR 177.834(h) To authorize the
Mira Loma, CA. and 178.700 to manufacture, mark and
178.819. 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 49 CFR 172.101 HMT To authorize the
Inc. (MAI), Column (9B), transportation of
Missoula, MT. 172.200, 172.300, certain forbidden
172.400. 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, 49 CFR 173.302(f).. To authorize the
Seattle, WA. 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 49 CFR 172.101 HMT To authorize the
Inc., Belt, MT. Column (9B), transportation of
172.200, 172.300, certain forbidden
172.400. 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 49 CFR 172.504..... To authorize the
Harvesters, Inc., transportation in
Hutchinson, KS. commerce of 1,000
gallons of diesel fuel
without placarding the
motor vehicle. (mode 1)
[[Page 27585]]
14864-N............. ...................... Balchem 49 CFR To authorize the
Corporation, New 173.24(b)(1), transportation in
Hampton, NY. 174.3 and commerce of ethylene
177.834(h). 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 49 CFR 172.101 To authorize the
Corporation, Column (9A). transportation in
Anchorage, AK. commerce of liquefied
petroleum gas in a
specially designed
vault when transported
by railroad in Alaska.
(mode 2)
14866-N............. ...................... Fluorochemika 49 CFR To authorize the
Laboratories, LLC, 173.301(f)(1). transportation in
Wilmington, DE. 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, 49 CFR 173.302a, To authorize the
Inc., Amarillo, TX. 173.304a. 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, 49 CFR 172.102(c) To authorize the
Inc., Bentonville, Special provision transportation in
AR. 130, 172.200(a) commerce of certain
and 173.185(d). batteries intended for
recycling, disposal or
liquidation in an
alternative packaging
configuration
transported under
refrigeration. (mode 1)
14869-N............. ...................... Airgas, Inc., 49 CFR 178.337-17.. To authorize the
Cheyenne, WY. transportation in
commerce of two non-DOT
specification cargo
tank motor vehicles
that have missing ASME
identification plates.
(mode 1)
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[FR Doc. E9-13426 Filed 6-9-09; 8:45 am]
BILLING CODE 4909-60-M
