Determination Under the Foreign Assistance Act and the Department of State, Foreign Operations, and Related Programs Appropriations Acts, 47303-47304 [E9-22175]
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
FINRA’s argument that the rule, as
currently written, may be overbroad.
There have been a number of changes in
the markets since the time the rule was
adopted by the NASD in 1968. However,
the Commission believes that there
continue to be opportunities for
unscrupulous participants in the
marketplace to interposition third
parties in a securities transaction
between themselves and their customers
to the disadvantage of those
customers.13 The Commission expects
FINRA, when it finds evidence of
interpositioning by members that was
detrimental to the customer, to charge
member firms or associated persons, as
appropriate, with violations of its rules.
The Commission notes that its
approval of this rule change is not an
indication that interpositioning is no
longer an issue. Rather, it is meant to
reflect changes in the market place that
have occurred since 1968 when the rule
was adopted.14 The Commission notes
that, even with this rule change, the cost
to the customer under the proposed rule
will ‘‘remain a crucial factor in
determining whether a member has
fulfilled its best execution obligations
under Rule 2320,’’ including
transactions involving interposed third
parties.15 The Commission also notes
that interpositioning ‘‘that is
unnecessary or violates a member’s
general best execution obligations—
either because of unnecessary costs to
the customer or improperly delayed
executions—would still be
prohibited.’’ 16 In this respect, the
Commission takes comfort from
FINRA’s representations that
interpositioning that harms a customer
violates NASD Rule 2440 and FINRA
Rule 2010.17
The proposed rule will thus continue
to prohibit interpositioning that
adversely affects the customer, and the
cost to the customer will remain a
central part of that determination. The
Commission expects FINRA to
diligently pursue such conduct by
members.18
sroberts on DSKD5P82C1PROD with NOTICES
13 See,
e.g., In re Andrew P. Gonchar and
Polyvious T. Polyviou, Securities Exchange Act
Release No. 34–60506 (August 14, 2009).
14 See Notice, supra note 3, at 18778.
15 Id. at 18778.
16 Id. at 18779.
In addition to the proposed rule language, other
FINRA and NASD rules would continue to govern
the handling of customer orders. In particular,
FINRA Rule 2010 requires that members observe
high standards of commercial honor and just and
equitable principles of trade, and NASD Rule 2440
requires that members charge fair prices and
commissions in their dealings with customers.
17 Id. at 18778 n.4.
18 See In re Andrew P. Gonchar and Polyvious T.
Polyviou, supra note 13.
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It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–FINRA–
2007–024), as modified by Amendment
No. 1, be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–22109 Filed 9–14–09; 8:45 am]
47303
Dated: September 8, 2009.
Maura M. Pally,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. E9–22173 Filed 9–14–09; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF STATE
[Public Notice 6761]
BILLING CODE 8010–01–P
Determination and Certification
Related to Colombian Armed Forces
Under Section 7046(B) of the
Department of State, Foreign
Operations, and Related Programs
Appropriations Act, 2009 (DiV. H, Pub.
L. 111–8)
DEPARTMENT OF STATE
[Public Notice 6760]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘Art of
the Samurai: Japanese Arms and
Armor, 1156–1868’’
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 ‘‘Art of the
Samurai,’’ 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 19, 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.
Epstein, Attorney-Adviser, Office of the
Legal Adviser, U.S. Department of State
(telephone: 202/632–6473). The address
is U.S. Department of State, SA–5, L/PD,
Fifth Floor, Washington, DC 20522–
0505.
19 17
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CFR 200.30–3(a)(12).
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Pursuant to the authority vested in the
Secretary of State, including under
section 7046 (b)(1)(B) and section
7046(b)(2) of the Department of State,
Foreign Operations, and Related
Programs Appropriations Act, 2009
(Div. H, Pub. L. 111–8 (‘‘FY 2009
SFOAA’’), I hereby determine, certify,
and report that the Colombian Armed
Forces are meeting the conditions
contained in section 7046(b)(1)(B) and
section 7046(b)(2).
The Department of State has
periodically consulted with
internationally recognized human rights
organizations regarding the Colombian
Armed Forces’ progress in meeting the
above-mentioned conditions, as
provided in section 7046(c) of the FY
2009 SFOAA.
This Determination and Certification
shall be published in the Federal
Register and copies shall be transmitted
to the appropriate committees of
Congress.
Dated: September 8, 2009.
James B. Steinberg,
Deputy Secretary of State.
[FR Doc. E9–22174 Filed 9–14–09; 8:45 am]
BILLING CODE 4710–29–P
DEPARTMENT OF STATE
[Public Notice 6759]
Determination Under the Foreign
Assistance Act and the Department of
State, Foreign Operations, and Related
Programs Appropriations Acts
Pursuant to section 654(c) of the
Foreign Assistance Act of 1961, as
amended, notice is hereby given that the
Deputy Secretary of State has made a
determination pursuant to section 620H
of the Foreign Assistance Act, and
section 7021 of the Department of State,
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47304
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
Foreign Operations, and Related
Programs Appropriations, 2009 (Div. H,
Pub. L. 111–8), and similar provisions
in prior-year Appropriations Acts, and
has concluded that publication of the
determination would be harmful to the
national security of the United States.
This Determination shall be reported
to the Congress and published in the
Federal Register.
Dated: September 4, 2009.
Vann H. Van Diepen,
Acting Assistant Secretary of State for
International Security and Nonproliferation,
Department of State.
[FR Doc. E9–22175 Filed 9–14–09; 8:45 am]
BILLING CODE 4710–27–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No.: 2009–0830]
Airport Privatization Pilot Program
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AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Receipt and
Acceptance for Review: Preliminary
Application for Louis Armstrong New
Orleans International Airport, New
Orleans, LA.
SUMMARY: The Federal Aviation
Administration (FAA) has completed its
review of the Louis Armstrong New
Orleans International Airport (MSY)
preliminary application for
participation in the airport privatization
pilot program received under 49 U.S.C.
47134. The preliminary application is
accepted for review, with a filing date
of August 5, 2009. The City of New
Orleans, the airport sponsor, may select
a private operator, negotiate an
agreement and submit a final
application to the FAA for exemption
under the pilot program. 49 U.S.C.
47134 establishes an airport
privatization pilot program and
authorizes the Department of
Transportation to grant exemptions from
certain Federal statutory and regulatory
requirements for up to five airport
privatization projects. The application
procedures require the FAA to publish
a notice in the Federal Register after
review of a preliminary application. The
FAA must publish a notice of receipt of
the final application in the Federal
Register for public review and comment
for a sixty-day period. The MSY
preliminary application is available for
public review at https://
www.regulations.gov. The docket
number is FAA Docket Number 2009–
0830.
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FOR FURTHER INFORMATION CONTACT:
Kevin C. Willis (202–267–8741) Airport
Compliance Division, ACO–100, Federal
Aviation Administration, 800
Independence Ave., SW., Washington,
DC 20591.
SUPPLEMENTARY INFORMATION:
Introduction and Background
Title 49 of the U.S. Code § 47134
authorizes the Secretary of
Transportation, and through delegation,
the FAA Administrator, to exempt a
sponsor of a public use airport that has
received Federal assistance, from certain
Federal requirements in connection
with the privatization of the airport by
sale or lease to a private party.
Specifically, the Administrator may
exempt the sponsor from all or part of
the requirements to use airport revenues
for airport-related purposes, to pay back
a portion of Federal grants upon the sale
or lease of an airport, and to return
airport property deeded by the Federal
Government upon transfer of the airport.
The Administrator is also authorized to
exempt the private purchaser or lessee
from the requirement to use all airport
revenues for airport-related purposes, to
the extent necessary to permit the
purchaser or lessee to earn
compensation from the operations of the
airport.
On September 16, 1997, the Federal
Aviation Administration issued a notice
of procedures to be used in applications
for exemption under Airport
Privatization Pilot Program (62 FR
48693). A request for participation in
the Pilot Program must be initiated by
the filing of either a preliminary or final
application for exemption with the
FAA.
The City of New Orleans submitted a
preliminary application to the Airport
Privatization Pilot Program for Louis
Armstrong New Orleans International
Airport on August 5, 2009; the filing
date of this preliminary application. The
City may select a private operator,
negotiate an agreement and submit a
final application to the FAA for
exemption.
If FAA accepts the final application
for review, the application will be made
available for public review and
comment for a sixty-day period.
Issued in Washington, DC on September 8,
2009.
Randall S. Fiertz,
Director, Office of Airport Compliance and
Field Operations.
[FR Doc. E9–22144 Filed 9–14–09; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2009–40]
Petition for Exemption; Summary of
Petition Received
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petition for exemption
received.
SUMMARY: This notice contains a
summary of a petition seeking relief
from specified requirements of 14 CFR.
The purpose of this notice is to improve
the public’s awareness of, and
participation in, this aspect of FAA’s
regulatory activities. Neither publication
of this notice nor the inclusion or
omission of information in the summary
is intended to affect the legal status of
the petition or its final disposition.
DATES: Comments on this petition must
identify the petition docket number
involved and must be received on or
before September 30, 2009.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2009–0809 using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Send comments to the Docket
Management Facility, U.S. Department
of Transportation (DOT), 1200 New
Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
Web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
documents or comments received, go to
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[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47303-47304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22175]
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DEPARTMENT OF STATE
[Public Notice 6759]
Determination Under the Foreign Assistance Act and the Department
of State, Foreign Operations, and Related Programs Appropriations Acts
Pursuant to section 654(c) of the Foreign Assistance Act of 1961,
as amended, notice is hereby given that the Deputy Secretary of State
has made a determination pursuant to section 620H of the Foreign
Assistance Act, and section 7021 of the Department of State,
[[Page 47304]]
Foreign Operations, and Related Programs Appropriations, 2009 (Div. H,
Pub. L. 111-8), and similar provisions in prior-year Appropriations
Acts, and has concluded that publication of the determination would be
harmful to the national security of the United States.
This Determination shall be reported to the Congress and published
in the Federal Register.
Dated: September 4, 2009.
Vann H. Van Diepen,
Acting Assistant Secretary of State for International Security and
Nonproliferation, Department of State.
[FR Doc. E9-22175 Filed 9-14-09; 8:45 am]
BILLING CODE 4710-27-P