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 October 24, 2009, 57732-57733 [E9-26906]
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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Exchange Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change: (1) Does not significantly affect
the protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) by its terms does not become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) 12 of the Act and
Rule 19b–4(f)(6) thereunder.13
A proposed rule change filed under
Rule 19b–4(f)(6) 14 normally may not
become operative prior to 30 days after
the date of filing. However, Rule 19b–
4(f)(6)(iii) 15 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange requests that the Commission
waive the 30-day operative delay, as
specified in Rule 19b–4(f)(6)(iii),16
which would make the rule change
operative upon filing.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because such waiver will allow the
current Pilot Program to continue
without interruption. The Commission
notes that the standards under the Pilot
Program are identical, for those
companies qualifying under the
Earnings Test, to those in effect on the
Exchange prior to the adoption of the
12 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
provide the Commission with written notice of its
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has fulfilled this requirement.
14 Id.
15 17 CFR 240.19b–4(f)(6)(iii).
16 Id.
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13 17
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current standards in 2005.17 The NYSE
represents that the continued listing
standards proposed under the Pilot
Program are higher than similar
standards currently in place on other
exchanges. In addition, the Commission
notes that the pilot period will allow the
NYSE and the Commission to continue
to assess the new continued listing
standards. Finally, the Commission
notes that the deletion of the NYSE Arca
Transfer Standard from Section 102.01C
is not a substantive change, as that
standard is no longer operative. For
these reasons, the Commission
designates the proposed rule change
operative upon filing.18
At any time within 60 days of the
filing of such proposed rule change, the
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.
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, on official business days between
the hours of 10 a.m. and 3 p.m. Copies
of the 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
available publicly. All submissions
should refer to File Number SR–NYSE–
2009–109 and should be submitted on
or before November 30, 2009.
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 Exchange
Act. Comments may be submitted by
any of the following methods:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–26877 Filed 11–6–09; 8:45 am]
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–NYSE–2009–109 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSE–2009–109. 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
17 See Securities Exchange Act Release No. 51813
(June 9, 2005), 70 FR 35484 (June 20, 2005) (SR–
NYSE–2004–20).
18 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
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 October 24,
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–
0267.
Date Filed: October 23, 2009.
19 17
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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices
Due Date for Answers, Conforming
Applications, or Motion to Modify
Scope: November 13, 2009.
Description: Application of Atlas Air,
Inc. (‘‘Atlas’’) requesting a certificate of
public convenience and necessity
authorizing Atlas to engage in foreign
charter air transportation of persons,
property and mail. Atlas further
requests an exemption to permit Atlas to
conduct foreign charter air
transportation of persons, property and
mail for an initial period of one year or
until the grant of the requested
certificate authority, whichever is
earlier.
Docket Number: DOT–OST–2009–
0268.
Date Filed: October 23, 2009.
Due Date for Answers, Conforming
Applications, or Motion to Modify
Scope: November 13, 2009.
Description: Application of Atlas Air,
Inc. (‘‘Atlas’’) requesting a certificate of
public convenience and necessity
authorizing Atlas to engage in interstate
charter air transportation of persons,
property and mail.
Renee V. Wright,
Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. E9–26906 Filed 11–6–09; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
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DEPARTMENT OF TRANSPORTATION
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–
0262.
Date Filed: October 20, 2009.
Parties: Members of the International
Air Transport Association.
Subject: TC123 North Atlantic (except
between USA and Korea, Rep. of,
Malaysia) Resolutions and Specified
Fares Tables (Memo 0455). Intended
effective date: 1 April 2010.
Docket Number: DOT–OST–2009–
0263.
Date Filed: October 21, 2009.
Parties: Members of the International
Air Transport Association.
Subject: TC123 Mid Atlantic,
Resolutions and Specified Fares Tables
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Renee V. Wright,
Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. E9–26905 Filed 11–6–09; 8:45 am]
BILLING CODE 4910–9X–P
Aviation Proceedings, Agreements
Filed the Week Ending October 24,
2009
VerDate Nov<24>2008
(Memo 0456). Intended effective date: 1
April 2010.
Docket Number: DOT–OST–2009–
0264.
Date Filed: October 21, 2009.
Parties: Members of the International
Air Transport Association.
Subject: TC123 South Atlantic,
Resolutions and Specified Fares Tables
(Memo 0457).
Intended effective date: 1 April 2010.
Docket Number: DOT–OST–2009–
0265.
Date Filed: October 21, 2009.
Parties: Members of the International
Air Transport Association.
Subject: TC123 North Atlantic,
between USA and Korea, Rep. of
Malaysia, Resolutions and Specified
Fares Tables (Memo 0458). Intended
effective date: 1 April 2010.
Docket Number: DOT–OST–2009–
0269.
Date Filed: October 21, 2009.
Parties: Members of the International
Air Transport Association.
Subject: CSC/31/Meet/005/09 dated 8
April 2009. CSC/Mail Vote/002/2009
dated 29 September 2009. Finally
Adopted Resolutions: 600a, 600f, 600g,
600h, 600i, and Recommended Practice
1670. Intended effective date: 23
December 2009.
Surface Transportation Board
[STB Ex Parte No. 670 (Sub-No. 1)]
Notice of Rail Energy Transportation
Advisory Committee Meeting
AGENCY:
Surface Transportation Board,
DOT.
ACTION: Notice of Rail Energy
Transportation Advisory Committee
meeting.
SUMMARY: Notice is hereby given of a
meeting of the Rail Energy
Transportation Advisory Committee
(RETAC), pursuant to section 10(a)(2) of
the Federal Advisory Committee Act,
Public Law 92–463, as amended (5
U.S.C., App. 2).
DATES: The meeting will be held on
Tuesday, December 1, 2009, beginning
at 9 a.m., E.S.T.
ADDRESSES: The meeting will be held in
the Commission Meeting Room at the
headquarters of the Federal Energy
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57733
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426
(about 2 blocks from the Union Station
stop on Metro’s Red Line).
FOR FURTHER INFORMATION CONTACT:
Scott M. Zimmerman (202) 245–0202.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at:
(800) 877–8339.
RETAC
arose from a proceeding instituted by
the Board, in Establishment of a Rail
Energy Transportation Advisory
Committee, STB Ex Parte No. 670.
RETAC was formed to provide advice
and guidance to the Board, and to serve
as a forum for discussion of emerging
issues regarding the transportation by
rail of energy resources, particularly, but
not necessarily limited to, coal, ethanol,
and other biofuels. The purpose of this
meeting is to continue discussions
regarding issues such as rail
performance, capacity constraints,
infrastructure planning and
development, and effective coordination
among suppliers, carriers, and users of
energy resources. Potential agenda items
include reports from each of the four
RETAC subcommittees (Best Practices,
Capacity Planning, Communication, and
Performance Measures), a briefing by
the Electric Power Research Institute, a
forecast update by the Energy
Information Administration, a
discussion of Federal Energy Regulatory
Commission issues, and an open
discussion of the state of the energy
supply chain in light of current
economic conditions.
The meeting, which is open to the
public, will be conducted pursuant to
RETAC’s charter and Board procedures.
A photo ID will be required for
admission to the building. Further
communications about this meeting may
be announced through the Board’s Web
site at https://www.stb.dot.gov.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
SUPPLEMENTARY INFORMATION:
Authority: 49 U.S.C. 721, 49 U.S.C. 11101;
49 U.S.C. 11121.
Decided: November 4, 2009.
By the Board.
Anne K. Quinlan,
Acting Secretary.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–26928 Filed 11–6–09; 8:45 am]
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Agencies
[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Notices]
[Pages 57732-57733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26906]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
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 October 24, 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-2009-0267.
Date Filed: October 23, 2009.
[[Page 57733]]
Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: November 13, 2009.
Description: Application of Atlas Air, Inc. (``Atlas'') requesting
a certificate of public convenience and necessity authorizing Atlas to
engage in foreign charter air transportation of persons, property and
mail. Atlas further requests an exemption to permit Atlas to conduct
foreign charter air transportation of persons, property and mail for an
initial period of one year or until the grant of the requested
certificate authority, whichever is earlier.
Docket Number: DOT-OST-2009-0268.
Date Filed: October 23, 2009.
Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: November 13, 2009.
Description: Application of Atlas Air, Inc. (``Atlas'') requesting
a certificate of public convenience and necessity authorizing Atlas to
engage in interstate charter air transportation of persons, property
and mail.
Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. E9-26906 Filed 11-6-09; 8:45 am]
BILLING CODE 4910-9X-P