Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Notices 72251

51 In order to halt the trading of the Fund, the 

Exchange may consider, among others, factors 

including: (1) The extent to which trading is not 

occurring in underlying securities; or (2) whether 

other unusual conditions or circumstances 

detrimental to the maintenance of a fair and orderly 

market are present. In addition, trading in Fund 

shares is subject to trading halts caused by 

extraordinary market volatility pursuant to PCXE 

Rule 7.12.

52 15 U.S.C. 78s(b)(2).

53See Securities Exchange Act Release No. 50505 

(October 8, 2004), 69 FR 61280 (October 15, 2004) 

(SR-NYSE–2004–55).

54 15 U.S.C. 78s(b)(5).

55 15 U.S.C. 78s(b)(2).

56 17 CFR 200.30–3(a)(12).

Based on the representations made in 

the proposal, the Commission believes 

that pricing and other important 

information about the Fund is adequate 

and consistent with the Act. 

D. Listing and Trading 

The Commission further finds that 

adequate rules and procedures exist to 

govern the listing and trading, or trading 

pursuant to UTP, of the Fund’s shares. 

The Exchange has represented that 

Fund shares will be deemed equity 

securities subject to PCXE rules 

governing the trading of equity 

securities, including, among others, 

rules governing trading halts.51

In addition, the Exchange states that 

iShares are subject to the criteria for 

initial and continued listing of ICUs in 

PCXE Rules 5.2(j)(3) and 5.5 (g)(2). The 

Commission believes that the listing and 

delisting criteria for Fund shares should 

help to ensure that a minimum level of 

liquidity will exist in the Fund to allow 

for the maintenance of fair and orderly 

markets. 

E. Surveillance 

The Exchange represents that it will 

rely on its existing surveillance 

procedures governing ICUs currently 

trading on the Exchange. The Exchange 

also represents that it is able to obtain 

information from the NYSE or any third 

party regarding trading in both the Fund 

shares and the Component Securities by 

the ETP Holders on any relevant market; 

in addition, the Exchange represents 

that it may obtain trading information 

via the ISG from other exchanges who 

are members or affiliates of the ISG, 

including, by way of example, the Hong 

Kong Stock Exchange. 

F. Accelerated Approval 

The Exchange has requested that the 

Commission approve the proposed rule 

change on an accelerated basis. The 

Commission finds good cause, pursuant 

to Section 19(b)(2) of the Act,52 for 

approving the proposed rule change 

prior to the thirtieth day after the date 

of publication of notice in the Federal 

Register. The Commission has 

previously approved a substantially 

similar proposed rule change submitted 

by the NYSE to list and trade the 

iShares 53 and does not believe that the 

proposed rule change raises novel 

regulatory issues. Consequently, the 

Commission believes that it is 

appropriate to permit investors to 

benefit from the ability to trade these 

products on the PCX as soon as 

possible. Accordingly, the Commission 

finds that there is good cause, consistent 

with Section 6(b)(5) of the Act,54 to 

approve the proposal on an accelerated 

basis.

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (SR-PCX–2004–

99) is hereby approved on an 

accelerated basis.55

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.56

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. 04–27252 Filed 12–10–04; 8:45 am] 

BILLING CODE 8010–01–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 November 26, 

2004 

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: OST–1999–5846. 

Date Filed: November 23, 2004. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: December 14, 2004. 

Description: Application of United 

Air Lines, Inc., requesting renewal and 

amendment of its experimental 

certificate of public convenience and 

necessity for route 566 (U.S.-Mexico).

Docket Number: OST–1999–6663. 

Date Filed: November 23, 2004. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: December 14, 2004. 

Description: Application of United 

Parcel Service Co. requesting renewal of 

its certificate authorizing UPS to engage 

in scheduled foreign air transportation 

of property and mail between Austin, 

Houston, Louisville and San Antonio 

and Monterrey, Guadalajara and Mexico 

City, Mexico.

Docket Number: OST–1999–6172. 

Date Filed: November 24, 2004. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: December 15, 2004. 

Description: Application of American 

Airlines, Inc., requesting a renewal and 

amendment of its certificate for Route 

560 so as to include the following 

additional U.S.-Mexico route segments 

for which American currently holds 

separate certificate authority on Route 

794.

Docket Number: OST–2001–9027. 

Date Filed: November 24, 2004. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: December 15, 2004. 

Description: Application of American 

Airlines, Inc., requesting renewal of its 

certificate for Route 794 authorizing 

scheduled foreign air transportation of 

persons, property, and mail between 

New York (JFK)–Cancun and St. Louis–

Cancun.

Maria Gulczewski, 

Supervisory Dockets Officer, Alternate 

Federal Register Liaison.

[FR Doc. 04–27230 Filed 12–10–04; 8:45 am] 

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Supplemental Environmental 

Assessment (EA) for the East Kern 

Airport District (EKAD) Launch Site 

Operator License for the Mojave 

Airport, California

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation.

ACTION: Cancellation notice.

SUMMARY: On October 22, 2004, the FAA 

published a Notice of Availability and 

Request for Comment on a Draft 

Supplemental EA for the EKAD Launch 

Site Operator License for the Mojave 

72252 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Notices 

Airport, California in the Federal 

Register (69 FR 62113). The FAA has 

decided to cancel the preparation of the 

Final Supplemental EA. The Notice of 

Availability and Request for Comment is 

hereby rescinded.

FOR FURTHER INFORMATION CONTACT:

Questions may be directed to Doug 

Graham, FAA Environmental Specialist, 

c/o ICF Consulting, 9300 Lee Highway, 

Fairfax, VA 22031 or (202) 267–8568.

Date Issued: December 6, 2004.

Place Issued: Washington, DC. 

Herbert Bachner, 

Manager, Space Systems Development 

Division.

[FR Doc. 04–27219 Filed 12–10–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Notice of Intent To Rule on Application 

(05–08–C–00–COS) To Impose and To 

Use a Passenger Facility Charge (PFC) 

at the Colorado Springs Airport, 

Submitted by the City of Colorado 

Springs, CO.

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of Intent To Rule on 

Application. 

SUMMARY: The FAA proposes to rule and 

invites public comment on the 

application to impose and use a PFC at 

the Colorado Springs Airport under the 

provisions of 49 U.S.C. 40117 and part 

158 of the Federal Aviation Regulations 

(14 CFR part 158).

DATES: Comments must be received on 

or before January 12, 2005.

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Craig Sparks, Manager; Denver 

Airports District Office, DEN–ADO; 

Federal Aviation Administration; 26805 

E. 68th Avenue, Suite 224; Denver, 

Colorado 80249–6361. In addition, one 

copy of any comments submitted to the 

FA must be mailed or delivered to Mr. 

Mark Earle, Director of Aviation at the 

following address: Colorado Springs 

Airport, 7770 Drennan Road, Colorado 

Springs, Colorado 80916. 

Air Carriers and foreign air carriers 

may submit copies of written comments 

previously provided to the Colorado 

Springs Airport, under section 158.23 of 

part 158.

FOR FURTHER INFORMATION CONTACT: Mr. 

Christopher Schaffer. (303) 342–1258; 

Denver Airport District Office, DEN–

ADO; Federal Aviation Administration; 

26805 E. 68th Avenue, Suite 224; 

Denver, Colorado 80249–6361. The 

application may be reviewed in person 

at this same location.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to rule and invites public 

comments on the application (05–08–C–

00–COS) to impose and use a PFC at the 

Colorado Springs Airport, under the 

provisions of 49 U.S.C. 40117 and part 

158 of the Federal Aviation Regulations 

(14 CFR part 158). 

On December 7, 2004, 2004, the FAA 

determined that the application to 

impose and use a PFC submitted by the 

City of Colorado Springs, Colorado, was 

substantially complete within the 

requirements of section 158.25 of part 

158. The FAA will approve or 

disapprove the application, in whole or 

in part, no later than March 8, 2005. 

The following is a brief overview of 

the application. 

Level of the proposed PFC: $3.00. 

Proposed charge-effective date: May 

1, 2005. 

Proposed charge expiration date: July 

1, 2010. 

Total requested for use approval:

$12,723,148. 

Brief description of proposed projects:

Rehabilitation of Runway 17L/35R, 

security infrastructure projects, 

construction of Taxiway ‘‘C’’ north from 

Taxiway ‘‘C2’’ to Taxiway ‘‘B2’’, 

construct portion of Taxiway ‘‘H’’, 

airport operations area (AOA) vehicle 

service roads, resurfacing of entry/exit 

roads, security checkpoint expansion, 

terminal building modifications, 

pavement condition survey (Taxiways 

‘‘E’’, ‘‘E1–8’’, ‘‘G’’, and ‘‘H’’), terminal 

circulation road. 

Class or classes of air carriers that the 

public agency has requested not be 

required to collect PFC’s: None. 

Any person may inspect the 

application in person at the FAA office 

listed above under FOR FURTHER

INFORMATION CONTACT and at the FAA 

Regional Airports Office located at: 

Federal Aviation Administration, 

Northwest Mountain Region, Airports 

Division, ANM–600, 1601 Lind Avenue 

SW., Suite 315, Renton, WA 98055–

4056. 

In addition, any person may, upon 

request, inspect the application, notice, 

and other documents germane to the 

application in person at the Colorado 

Springs Airport.

Issued in Renton, Washington, on 

December 7, 2004. 

David A. Field, 

Manager, Planning, Programming and 

Capacity Branch, Northwest Mountain 

Region.

[FR Doc. 04–27227 Filed 12–10–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

Office of Hazardous Materials Safety; 

Notice of Application for Exemptions

AGENCY: Research and Special Programs 

Administration, DOT.

ACTION: List of applications for 

exemption. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, exemptions 

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 exemption 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 January 12, 2005. 

Addresses Comments to: Record 

Center, Research and Special Programs 

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 exemption number.

FOR FURTHER INFORMATION CONTACT:

Copies of the applications are available 

for inspection in the Records Center, 

Nassif Building, 400 7th Street SW., 

Washington DC, or at http://

dms.dot.gov.

This notice of receipt of applications 

for modification of exemption 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)).

Issued in Washington, DC, on December 6, 

2004. 

R. Ryan Posten, 

Exemptions Program Officer, Office of 

Hazardous Materials Safety Exemptions & 

Approvals.