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Federal Register / Vol. 72, No.

74 / Wednesday, April 18, 2007 / Notices 19577

NYSE Arca may trade such ETF during consistent and reasonable standards. DEPARTMENT OF TRANSPORTATION
the Opening Session without an IIV Therefore, the Commission finds good
being updated, as long as the last official cause, consistent with Section 19(b)(2) Federal Aviation Administration
calculated IIV remains available. of the Exchange Act,36 to approve the
Although the IIV is not calculated proposed rule change, as amended, on FAA Approval of Noise Compatibility
during the Late Trading Session, the last an accelerated basis. Program 14 CFR Part 150; Spirit of St.
official calculated IIV must also remain Louis Airport, Chesterfield, MO
available during such session. The V. Conclusion
AGENCY: Federal Aviation
Commission believes that the proposed It is therefore ordered, pursuant to Administration, DOT.
rules regarding the dissemination of the Section 19(b)(2) of the Exchange Act,37 ACTION: Notice.
index value and the IIV are reasonably that the proposed rule change (SR–
designed to promote transparency in the NYSEArca–2006–86), as amended, be, SUMMARY: The Federal Aviation
pricing of ETFs and thus are consistent and it hereby is, approved on an Administration (FAA) announces its
with the Exchange Act. accelerated basis. findings on the noise compatibility
Similarly, the Exchange’s trading halt program submitted by St. Louis County
rules are reasonably designed to prevent For the Commission, by the Division of
Market Regulation, pursuant to delegated under the provisions of 49 U.S.C. (the
trading in an ETF when transparency authority.38 Aviation Safety and Noise Abatement
cannot be assured. Proposed NYSE Arca Act, hereinafter referred to as ‘‘the Act’’)
Nancy M. Morris,
Equities Rule 5.5(g)(2)(b) provides that, and 14 CFR part 150. These findings are
when the Exchange is the listing market, Secretary.
made in recognition of the description
if the IIV or index value applicable to an [FR Doc. E7–7324 Filed 4–17–07; 8:45 am]
of Federal and nonfederal
ETF is not disseminated as required, the BILLING CODE 8010–01–P
responsibilities in Senate Report No.
Exchange may halt trading during the 96–52 (1980). On December 12, 2006,
day in which the interruption occurs. If the FAA determined that the noise
the interruption continues, the exposure maps submitted by St. Louis
Exchange will halt trading no later than SMALL BUSINESS ADMINISTRATION
County under Part 150 were in
the beginning of the next trading day.33 compliance with applicable
This proposed rule is substantially Public Federal Regulatory
Enforcement Fairness Hearing; Region requirements. On April 6, 2007, the
similar to those recently adopted by FAA approved the Spirit of St. Louis
other exchanges and found by the I Regulatory Fairness Board
Airport noise compatibility program. All
Commission to be consistent with the but one of the recommendations of the
The U.S. Small Business
Exchange Act.34 program was approved.
In approving this proposal, the Administration (SBA) Region I
Commission relied on NYSE Arca’s Regulatory Fairness Board and the SBA DATES: Effective date: The effective date
representation that its surveillance Office of the National Ombudsman will of the FAA’s approval of the Spirit of St.
procedures are adequate to properly hold a National Regulatory Fairness Louis Airport noise compatibility
monitor the trading of the Units and Hearing on Tuesday, May 1, 2007, at 1 program is April 6, 2007.
PDRs listed pursuant to the proposed p.m. The forum will take place at the FOR FURTHER INFORMATION CONTACT:
new listing standards or traded on a Rhode Island Convention Center, 1 Mark Schenkelberg, 901 Locust, Kansas
UTP basis. This approval is conditioned Sabin Street, Room 558, Providence, RI City, Missouri, 816–329–2645.
on the continuing accuracy of that 02903. The purpose of the meeting is for Documents reflecting this FAA action
representation. Business Organizations, Trade may be reviewed at this same location.
Associations, Chambers of Commerce SUPPLEMENTARY INFORMATION: This
Acceleration and related organizations serving small notice announces that the FAA has
The Commission finds good cause for business concerns to report experiences given its overall approval to the noise
approving the proposed rule change, as regarding unfair or excessive Federal compatibility program for Spirit of St.
amended, prior to the 30th day after the regulatory enforcement issues affecting Louis Airport, effective April 6, 2007.
date of publication of the notice of the their members. Under section 47504 of the Act, an
amended proposal in the Federal Anyone wishing to attend or to make airport operator who has previously
Register. The Commission notes that a presentation must contact Norm submitted a noise exposure map may
NYSE Arca’s proposal is substantially Deragon, in writing or by fax in order to submit to the FAA a noise compatibility
similar to other proposals that have be placed on the agenda. Norm Deragon, program which sets forth the measures
been approved by the Commission.35 Public Information Officer, SBA, taken or proposed by the airport
The Commission does not believe that Providence District Office, 380 operator for the reduction of existing
NYSE Arca’s proposal raises any novel Westminster Street, Room 511, non-compatible land uses and
regulatory issues and, therefore, that Providence, RI 02903, phone (401) 528– prevention of additional non-compatible
good cause exists for approving the 4561, Ext. 4576 and fax (401) 528–4539, land uses within the area covered by the
filing before the conclusion of a notice- e-mail: Norm.deragon@sba.gov. noise exposure maps. The Act requires
and-comment period. Accelerated For more information, see our Web such programs to be developed in
approval of the proposal will expedite site at http://www.sba.gov/ombudsman. consultation with interested and
the listing and trading of additional affected parties including local
ETFs by the Exchange, subject to Matthew Teague, communities, government agencies,
Committee Management Officer. airport users, and FAA personnel.
33 In addition, NYSE Arca Equities Rule 7.34 sets [FR Doc. E7–7363 Filed 4–17–07; 8:45 am] Each airport noise compatibility
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forth trading halt procedures when the Exchange BILLING CODE 8025–01–P program developed in accordance with
trades ETFs pursuant to UTP.
34 See e.g., Securities Exchange Act Release No.
Federal Aviation Regulations (FAR) Part
54997 (December 21, 2006), 71 FR 78501 (December 36 15 U.S.C. 78s(b)(2). 150 is a local program, not a Federal
29, 2006) (SR–NYSEArca–2006–77). 37 Id. program. The FAA does not substitute
35 See supra note 27. 38 17 CFR 200.30–3(a)(12). its judgment for that of the airport

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19578 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices

proprietor with respect to which applicable requirements on December ACTION: Notice of Limitation on Claims
measures should be recommended for 12, 2006. Notice of this determination for Judicial Review of Actions by
action. The FAA’s approval or was published in the Federal Register, FHWA.
disapproval of FAR Part 150 program Vol. 71, No. 242, on December 18, 2006.
recommendations is measured The Spirit of St. Louis Airport study SUMMARY: This notice announces actions
according to the standards expressed in contains a proposed noise compatibility taken by the FHWA that are final within
Part 150 and the Act and is limited to program comprised of actions designed the meaning of 23 U.S.C. 139(l)(1). The
the following determinations: for phased implementation by airport actions relate to a proposed highway
a. The noise compatibility program management and adjacent jurisdictions project, Interstate 73 between Interstate
was developed in accordance with the from 2006 to the year 2011. It was 81 near the City of Roanoke and the
provisions and procedures of FAR Part requested that the FAA evaluate and Virginia/North Carolina State line south
150; approve this material as a noise of the Town of Martinsville, in Roanoke,
b. Program measures are reasonably compatibility program as described in Franklin, and Henry Counties and the
consistent with achieving the goals of section 47504 of the Act. The FAA City of Roanoke, State of Virginia. Those
reducing existing non-compatible land began its review of the program on actions grant approvals for the project.
uses around the airport and preventing December 12, 2006, and was required by DATES: By this notice, the FHWA is
the introduction of additional non- a provision of the Act to approve or advising the public of final agency
compatible land uses; disapprove the program within 180 days actions subject to 23 U.S.C. 139(l)(1). A
c. Program measures would not create (other than the use of new or modified claim seeking judicial review of the
an undue burden on interstate or foreign flight procedures for noise control). Federal agency actions on the highway
commerce, unjustly discriminate against Failure to approve or disapprove such project will be barred unless the claim
types of classes of aeronautical uses, program within the 180-day period shall is filed on or before October 15, 2007.
violate the terms of airport grant be deemed to be an approval of such If the Federal law that authorizes
agreements, or intrude into areas program. judicial review of a claim provides a
preempted by the Federal Government; The submitted program contained time period of less than 180 days for
and thirteen proposed actions for noise filing such claim, then that shorter time
d. Program measures relating to the mitigation on and off the airport. The period still applies.
use of flight procedures can be FAA completed its review and FOR FURTHER INFORMATION CONTACT: Mr.
implemented within the period covered determined that the procedural and Edward S. Sundra, Senior Street,
by the program without derogating substantive requirements of the Act and Richmond, Virginia, 23219–4725
safety, adversely affecting the efficient FAR Part 150 have been satisfied. The telephone: (804) 775–3338; e-mail:
use and management of the navigable overall program, therefore, was Ed.Sundra@dot.gov. The FHWA
airspace and air traffic control systems, approved by the FAA effective April 6, Virginia Division Office’s normal
or adversely affecting other power and 2007. business hours are 7 a.m. to 5 p.m.
responsibilities of the Administrator Outright approval was granted for (eastern time). You may also contact Mr.
prescribed by law. twelve of the specific program elements.
Specific limitations with respect to Bruce McAuliffe, Engineering Programs
The extension of the north runway was Supervisor, Virginia Department of
FAA’s approval of an airport noise
disapproved for lack of noise benefit to Transportation, 1401 East Broad Street,
compatibility program are delineated in
noncompatible land uses exposed to Richmond, Virginia 23219; telephone
FAR Part 150, section 150.5. Approval
noise levels of DNL 65 dBA. (804) 786–6757; e-mail: Bruce.
is not a determination concerning the These determinations are set forth in
acceptability of land uses under Federal, McAuliffe@vdot.virginia.gov
detail in a Record of Approval signed by
state, or local law. Approval does not by SUPPLEMENTARY INFORMATION: Notice is
the Central Region Airports Division
itself constitute an FAA implementing hereby given that the FHWA has taken
Manager on April 6, 2007. The Record
action. A request for Federal action or final agency actions by issuing
of Approval, as well as other evaluation
approval to implement specific noise approvals for the following highway
materials and the documents
compatibility measures may be project in the State of Virginia: Interstate
comprising the submittal, are available
required, and an FAA decision on the 73, between Interstate 81 near the City
for review at the FAA office listed above
request may require an environmental of Roanoke and the Virginia/North
and at the administrative offices of St.
assessment of the proposed action. Carolina State line south of the Town of
Louis County. The Record of Approval
Approval does not constitute a Martinsville, in Roanoke, Franklin, and
also will be available on-line at http://
commitment by the FAA to financially Henry Counties and the City of
assist in the implementation of the Roanoke. The project covered by this
program nor a determination that all notice will be approximately 116 km (72
measures covered by the program are Issued in Central Region April 10, 2007. mi) long and consists of improvements
eligible for grant-in-aid funding from the George A. Hendon, to existing Interstate 581 and U.S. Route
FAA. Where federal funding is sought, Central Region Airports Division Manager. 220 for approximately 9.7 k (6 mi) and
requests for project grants must be [FR Doc. 07–1906 Filed 4–17–07; 8:45 am] construction on new location for
submitted to the FAA Regional Office in BILLING CODE 4910–13–M approximately 106.3 km (66 mi). The
Kansas City, Missouri. project is part of the Interstate 73 high
St. Louis County submitted to the priority corridor that runs from
FAA on November 2, 2006, the noise DEPARTMENT OF TRANSPORTATION Michigan to South Carolina, which was
exposure maps, descriptions, and other established by the U.S. Congress in 1991
documentation produced during the Federal Highway Administration with the passage of the Inter-modal
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noise compatibility planning study Surface Transportation Efficiency Act.

Notice of Final Federal Agency Actions
conducted from 2002 through 2006. The The actions by the Federal agencies, and
on Proposed Highway in Virginia
Spirit of St. Louis Airport noise the laws under which such actions were
exposure maps were determined by AGENCY:Federal Highway taken, are described in the Final
FAA to be in compliance with Administration (FHWA), DOT. environmental Impact Statement (FEIS)

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