Notice of permit applications received Under the Antarctic Conservation Act of 1978 (Pub. L. 95-541), 51196-51197 [E9-23839]
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51196
Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices
assert that the worker separations are
due to Invista’s shift in production to
Mexico.
On March 27, 2008, the USCIT
granted the Department’s motion for
voluntary remand and directed the
Department to conduct further
investigation to determine whether
workers of Invista are eligible to apply
for TAA and ATAA.
On June 2, 2008, the Department
issued a Notice of Negative
Determination on Remand based on the
finding that there was no causal nexus
between the worker separations and an
earlier shift in production to Mexico of
articles like or directly competitive with
nylon fiber produced at Invista. SAR 35.
The Department’s Notice of
determination was published in the
Federal Register on June 10, 2008 (73
FR 32739). SAR 42.
On June 18, 2009, the USCIT ordered
the Department to conduct further
investigation to determine whether
workers of Invista are eligible to apply
for TAA and ATAA.
The group eligibility requirements for
directly-impacted (primary) workers
under Section 222(a) of the Trade Act of
1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A)—all of the
following must be satisfied:
A. A significant number or proportion of
the workers in such workers’ firm, or an
appropriate subdivision of the firm, have
become totally or partially separated, or are
threatened to become totally or partially
separated;
B. The sales or production, or both, of such
firm or subdivision have decreased
absolutely; and
C. Increased imports of articles like or
directly competitive with articles produced
by such firm or subdivision have contributed
importantly to such workers’ separation or
threat of separation and to the decline in
sales or production of such firm or
subdivision; or
cprice-sewell on DSK2BSOYB1PROD with NOTICES
II. Section (a)(2)(B)—both of the
following must be satisfied:
A. A significant number or proportion of
the workers in such workers’ firm, or an
appropriate subdivision of the firm, have
become totally or partially separated, or are
threatened to become totally or partially
separated;
B. There has been a shift in production by
such workers’ firm or subdivision to a foreign
country of articles like or directly
competitive with articles which are produced
by such firm or subdivision; and
C. One of the following must be satisfied:
1. The country to which the workers’ firm
has shifted production of the articles is a
party to a free trade agreement with the
United States;
2. The country to which the workers’ firm
has shifted production of the articles is a
beneficiary country under the Andean Trade
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14:59 Oct 02, 2009
Jkt 220001
Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. There has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are
or were produced by such firm or
subdivision.
During the second remand
investigation, the Department obtained
additional information regarding
Invista’s shift in production of nylon
fiber to Mexico, Invista’s business
decisions related to the post-shift
reorganization, and the subsequent
worker separations at Invista. SAR 67–
71.
Following a careful review of the
information obtained during its
investigations, the Department
determined that a significant portion or
number of workers at Invista was
separated and that there was a shift in
production to Mexico of articles like or
directly competitive with nylon fiber
produced at Invista. Therefore, the
Department determines that the group
eligibility requirements under Section
222(a)(2)(B) the Trade Act of 1974, as
amended, have been met.
In accordance with Section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department herein
presents the results of its investigation
regarding certification of eligibility to
apply for ATAA.
The Department has determined in
this case that the group eligibility
requirements of Section 246 have been
met.
A significant number of workers at the
firm are age 50 or over and possess
skills that are not easily transferable.
Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the facts
generated through the first and second
remand investigations, I determine that
a shift in production by Invista to
Mexico of articles like or directly
competitive to nylon fiber produced at
Invista contributed to the total or partial
separation of a significant number or
proportion of workers at Invista.
In accordance with the provisions of
the Act, I make the following
certification:
All workers of Invista, S.A.R.L, Nylon
Apparel Filament Fibers Group, A Subsidiary
of Koch Industries, Inc., Chattanooga,
Tennessee, who became totally or partially
separated from employment on or after
August 21, 2006, through two years from the
issuance of this revised determination are
eligible to apply for Trade Adjustment
Assistance under Section 223 of the Trade
Act of 1974, and are eligible to apply for
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alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.
Signed at Washington, DC, this 8th day of
September 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–23902 Filed 10–2–09; 8:45 am]
BILLING CODE 4510–FN–P
NATIONAL SCIENCE FOUNDATION
Notice of permit applications received
Under the Antarctic Conservation Act
of 1978 (Pub. L. 95–541)
National Science Foundation.
Notice of permit applications
received under the Antarctic
Conservation Act of 1978, Public Law
95–541.
AGENCY:
ACTION:
SUMMARY: The National Science
Foundation (NSF) is required to publish
notice of permit applications received to
conduct activities regulated under the
Antarctic Conservation Act of 1978.
NSF has published regulations under
the Antarctic Conservation Act at Title
45 Part 670 of the Code of Federal
Regulations. This is the required notice
of permit applications received.
DATES: Interested parties are invited to
submit written data, comments, or
views with respect to this permit
application by November 4, 2009. This
application may be inspected by
interested parties at the Permit Office,
address below.
ADDRESSES: Comments should be
addressed to Permit Office, Room 755,
Office of Polar Programs, National
Science Foundation, 4201 Wilson
Boulevard, Arlington, Virginia 22230.
FOR FURTHER INFORMATION CONTACT:
Nadene G. Kennedy at the above
address or (703) 292–7405.
SUPPLEMENTARY INFORMATION: The
National Science Foundation, as
directed by the Antarctic Conservation
Act of 1978 (Pub. L. 95–541), as
amended by the Antarctic Science,
Tourism and Conservation Act of 1996,
has developed regulations for the
establishment of a permit system for
various activities in Antarctica and
designation of certain animals and
certain geographic areas as requiring
special protection. The regulations
establish such a permit system to
designate Antarctic Specially Protected
Areas.
The applications received are as
follows:
1. Applicant: Permit Application No.
2010–017, Juan M. Lopez-Bautista,
Department of Biological Sciences, The
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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices
University of Alabama, 425 Scientific
Collections Bldg., Tuscaloosa, AL
35487–0345.
Activity for Which Permit Is Requested
Take. The applicant plans to collect 3
samples of Prasiola crispa, a terrestrial
alga widespread in Antarctica. The
samples are required for studies of
molecular systematics of the order
Prasiolales. Part will be used for DNA
extraction and the rest of the samples
will be deposited as voucher specimens
in the herbarium of the University of
Alabama. The DNA sample will be used
for PCR and DNA sequencing.
Location: Palmer Station area, Anvers
Island.
Dates: December 1, 2009 to July 31,
2010.
Nadene G. Kennedy,
Permit Officer, Office of Polar Programs.
[FR Doc. E9–23839 Filed 10–2–09; 8:45 am]
BILLING CODE 7555–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
28933; File No. 812–13628]
Charles Schwab Investment
Management, Inc., et al.; Notice of
Application
September 28, 2009.
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AGENCY: Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order under section 6(c) of the
Investment Company Act of 1940 (the
‘‘Act’’) for an exemption from sections
2(a)(32), 5(a)(1), 22(d), and 22(e) of the
Act and rule 22c–1 under the Act, under
sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and
17(a)(2) of the Act, and under section
12(d)(1)(J) of the Act for an exemption
from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act.
SUMMARY OF APPLICATION: Applicants
request an order that would permit (a)
certain open-end management
investment companies and their series
to issue shares (‘‘Shares’’) that can be
redeemed only in large aggregations
(‘‘Creation Units’’); (b) secondary market
transactions in Shares to occur at
negotiated prices; (c) certain series to
pay redemption proceeds, under certain
circumstances, more than seven days
after the tender of Shares for
redemption; (d) certain affiliated
persons of the series to deposit
securities into, and receive securities
from, the series in connection with the
purchase and redemption of Creation
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Units; and (e) certain registered
management investment companies and
unit investment trusts outside of the
same group of investment companies as
the series to acquire Shares.
APPLICANTS: Schwab Strategic Trust
(‘‘Trust’’) and Charles Schwab
Investment Management, Inc.
(‘‘Adviser’’).
FILING DATES: The application was filed
on January 30, 2009, and amended on
June 30, 2009, and September 25, 2009.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on October 22, 2009, and
should be accompanied by proof of
service on applicants, in the form of an
affidavit, or for lawyers, a certificate of
service. Hearing requests should state
the nature of the writer’s interest, the
reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
ADDRESSES: Secretary, Securities and
Exchange Commission, 100 F Street,
NE., Washington, DC 20549–1090;
Applicants, c/o Charles Schwab
Investment Management, Inc., 101
Montgomery Street, SF120 KNY–14–
101, San Francisco, CA 94104.
FOR FURTHER INFORMATION CONTACT:
Emerson S. Davis, Sr., Senior Counsel at
(202) 551–6868, or Julia Kim Gilmer,
Branch Chief, at (202) 551–6821
(Division of Investment Management,
Office of Investment Company
Regulation).
The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
SUPPLEMENTARY INFORMATION:
Applicants’ Representations
1. The Trust is registered as an openend management investment company
that will offer multiple series and is
organized as a Delaware statutory trust.
The Trust will initially offer Shares of
eight series (the ‘‘Initial Funds’’).1
1 The Initial Funds are the: Schwab U.S. Broad
Market ETF TM, Schwab U.S. Large-Cap ETF TM,
Schwab U.S. Large-Cap Growth ETF TM, Schwab
U.S. Large-Cap Value ETF TM, Schwab U.S. Small-
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51197
Applicants request that the order apply
to any future series of the Trust or of
other open-end management companies,
advised by the Adviser or an entity
controlling, controlled by or under
common control with the Adviser, that
comply with the terms and conditions
of this application whose performance
will closely correspond to the price and
yield performance of securities indices
(collectively with the Initial Funds, the
‘‘Funds’’).2
2. The Adviser or an entity
controlling, controlled by or under
common control with the Adviser will
serve as the investment adviser to the
Funds. The Adviser is registered as an
investment adviser under the
Investment Advisers Act of 1940, as
amended (the ‘‘Advisers Act’’). In the
future, the Adviser may enter into subadvisory agreements with one or more
additional investment advisers to act as
subadvisers to Funds (‘‘Subadvisers’’).
Any Subadviser will be registered under
the Advisers Act. A broker-dealer
registered under the Securities
Exchange Act of 1934 (the ‘‘Exchange
Act’’) will act as distributor and the
principal underwriter of the Funds (a
‘‘Distributor’’). The Distributor will not
be affiliated with the Adviser or a
national securities exchange as defined
in section 2(a)(26) of the Act
(‘‘Exchange’’).
3. Each Fund will consist of a
portfolio of securities and other
instruments (‘‘Portfolio Securities’’)
selected to correspond to the price and
yield performance of a specified
securities index (each securities index is
an ‘‘Underlying Index’’).3 Certain of the
Funds may invest in equity securities or
fixed income securities traded in foreign
markets and seek investment results that
closely correspond to the price and
yield performance of Underlying Indices
whose component securities include
Cap ETF TM (collectively, the ‘‘Domestic Initial
Funds’’), Schwab International Equity ETF TM,
Schwab International Small-Cap Equity ETF TM and
Schwab Emerging Markets Equity ETF TM.
2 All entities that intend to rely on the order are
named as applicants. Any other entity that relies on
the order in the future will comply with the terms
and conditions of the application. An Investing
Fund (as defined below) may rely on the order only
to invest in the Funds and not in any other
registered investment company.
3 Applicants represent that each Fund will invest
at least 80% of its total assets in the component
securities that comprise its Underlying Index
(‘‘Component Securities’’) and depositary receipts
representing such securities. ‘‘Depositary Receipts’’
will typically be American Depositary Receipts, but
may also include Global Depositary Receipts and
European Depositary Receipts. Each Fund also may
invest up to 20% of its assets in futures, options and
swap contracts, cash and cash equivalents, as well
as in stocks not included in its Underlying Index,
but which the Adviser or Subadviser believes will
help the Fund track its Underlying Index.
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Agencies
[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Notices]
[Pages 51196-51197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23839]
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NATIONAL SCIENCE FOUNDATION
Notice of permit applications received Under the Antarctic
Conservation Act of 1978 (Pub. L. 95-541)
AGENCY: National Science Foundation.
ACTION: Notice of permit applications received under the Antarctic
Conservation Act of 1978, Public Law 95-541.
-----------------------------------------------------------------------
SUMMARY: The National Science Foundation (NSF) is required to publish
notice of permit applications received to conduct activities regulated
under the Antarctic Conservation Act of 1978. NSF has published
regulations under the Antarctic Conservation Act at Title 45 Part 670
of the Code of Federal Regulations. This is the required notice of
permit applications received.
DATES: Interested parties are invited to submit written data, comments,
or views with respect to this permit application by November 4, 2009.
This application may be inspected by interested parties at the Permit
Office, address below.
ADDRESSES: Comments should be addressed to Permit Office, Room 755,
Office of Polar Programs, National Science Foundation, 4201 Wilson
Boulevard, Arlington, Virginia 22230.
FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy at the above address
or (703) 292-7405.
SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed
by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended
by the Antarctic Science, Tourism and Conservation Act of 1996, has
developed regulations for the establishment of a permit system for
various activities in Antarctica and designation of certain animals and
certain geographic areas as requiring special protection. The
regulations establish such a permit system to designate Antarctic
Specially Protected Areas.
The applications received are as follows:
1. Applicant: Permit Application No. 2010-017, Juan M. Lopez-
Bautista, Department of Biological Sciences, The
[[Page 51197]]
University of Alabama, 425 Scientific Collections Bldg., Tuscaloosa, AL
35487-0345.
Activity for Which Permit Is Requested
Take. The applicant plans to collect 3 samples of Prasiola crispa,
a terrestrial alga widespread in Antarctica. The samples are required
for studies of molecular systematics of the order Prasiolales. Part
will be used for DNA extraction and the rest of the samples will be
deposited as voucher specimens in the herbarium of the University of
Alabama. The DNA sample will be used for PCR and DNA sequencing.
Location: Palmer Station area, Anvers Island.
Dates: December 1, 2009 to July 31, 2010.
Nadene G. Kennedy,
Permit Officer, Office of Polar Programs.
[FR Doc. E9-23839 Filed 10-2-09; 8:45 am]
BILLING CODE 7555-01-P