Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices 48573 

13 15 U.S.C. 78f. 

14 15 U.S.C. 78f(b)(4). 

15The Exchange removed a reference in the 

Statutory Basis Section of the filing relating to the 

applicability of the fees to ‘‘other market 

participants trading options contracts on certain 

ETFs’’ via telephone. Conversation between Pete 

Armstrong, NYSE Arca and Tim Fox, Special 

Counsel, Commission, on August 10, 2006. 

16 15 U.S.C. 78s(b)(3)(A)(ii). 

17 17 CFR 240.19b–4(f)(2). 18 17 CFR 200.30–3(a)(12). 

electronically and can be accessed free 

of charge. Therefore, the fee will be 

eliminated. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6(b) of the 

Act,13 in general, and with Section 

6(b)(4) of the Act,14 in particular, in that 

it provides for the equitable allocation 

of reasonable dues, fees and other 

charges among OTP Holders, OTP 

Firms.15

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

NYSE Arca does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the 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 

The foregoing rule change is subject to 

Section 19(b)(3)(A)(ii) of the Act 16 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder 17 because it establishes or 

changes a due, fee, or other charge 

applicable only to a member imposed by 

the self-regulatory organization. 

Accordingly, the proposal is effective 

upon Commission receipt of the filing. 

At any time within 60 days of the filing 

of the 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. 

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 Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

No. SR–NYSEArca–2006–25 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

No. SR–NYSEArca–2006–25. 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 (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

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. Copies of such filing will also be 

available for inspection and copying at 

the principal office of the NYSE Arca. 

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 

No. SR–NYSEArca–2006–25 and should 

be submitted on or before September 11, 

2006. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.18

Nancy M. Morris, 

Secretary. 

[FR Doc. E6–13729 Filed 8–18–06; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Pubic Notice for Waiver of 

Aeronautical Land-Use Assurance; 

Detroit Metropolitan Wayne County 

Airport, Detroit, MI 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of intent of waiver with 

respect to land. 

SUMMARY: The Federal Aviation 

Administration (FAA) is considering a 

proposal to change a portion of the 

Detroit Metropolitan Wayne County 

Airport (DTW) from aeronautical use to 

non-aeronautical use and to authorize 

the sale of the airport property. The 

proposal consists of the sale of vacant, 

unimproved land owned by the Wayne 

County Airport Authority (WCAA). 

The WCAA has requested from FAA 

a ‘‘Release from Federal agreement 

obligated land covenants’’ to sell 

portions of six (6) parcels. The property 

proposed for release was acquired by 

the WCAA and FAA Project Numbers: 

3–26–0026–1991, 3–26–0026–2292, 3–

26–0026–3695, 3–0026–4197, and 3–26–

0026–4398. 

There are no impacts to the airport by 

allowing the WCAA to dispose of the 

vacant property. Approval does not 

constitute a commitment by the FAA to 

financially assist in the disposal of the 

airport property nor a determination of 

eligibility for grant-in-aid funding from 

the FAA. The disposition of proceeds 

from the disposal of the airport property 

will be in accordance FAA’s Policy and 

Procedures Concerning the Use of 

Airport Revenue, published in the 

Federal Register on February 16, 1999. 

In accordance with section 47107(h) 

of title 49, United States Code, this 

notice is required to be published in the 

Federal Register 30 days before 

modifying the land-use assurance that 

requires the property to be used for an 

aeronautical purpose. 

DATES: Comments must be received on 

or before September 20, 2006. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David J. Welhouse, Project Manager, 

Detroit Airports District Office, 11677 

South Wayne Road, Suite 107, Romulus, 

Michigan 48174. Telephone Number 

(734) 229–2952/FAX Number (734) 229–

2950. Documents reflecting this FAA 

action may be reviewed at this same 

location or at Detroit Metropolitan 

Wayne County Airport, Detroit, 

Michigan. 

SUPPLEMENTARY INFORMATION: Following 

is a legal description of the property 

(portions of Parcels 63 (A&B), 64, 65, 66, 


hsrobinson on PROD1PC72 with NOTICES
48574 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices 

67, and 71) located in Romulus, Wayne 

County, Michigan, and described as 

follows: 

Description of That Portion of Parcel 

63–A Being Released 

Part of the Southwest 1⁄4 of Section 16, 

T. 3 S., R. 9 E., City of Romulus, Wayne 

County, Michigan and being more 

particularly described as follows: 

Commencing at the Southwest corner of 

Section 16, T. 3. S., R. 9 E., and running 

thence South 89 degrees 48 minutes 20 

seconds East, along the South line of 

said Section 16, a distance of 390.64 feet 

to a point; thence North 00 degrees 10 

minutes 20 seconds East, a distance of 

439.59 feet to a point on the Westerly 

Right-Of-Way Line for relocated Vining 

Road (width varies), said point being the 

point of beginning of the parcel of land 

herein being described; proceeding 

thence from said point of beginning 

South 30 degrees 29 minutes 17 seconds 

West, along said right of way line, a 

distance of 213.94 feet to a point; North 

00 degrees 10 minutes 20 seconds East, 

a distance of 654.13 feet to a point on 

the center line of the Sexton Kilfoil 

Drain; thence South 76 degrees 26 

minutes 59 seconds East, along the 

center line of said Sexton Kilfoil Drain, 

a measured distance of 111.00 feet 

(described 111.50 feet) to a point; thence 

South 00 degrees 10 minutes 20 seconds 

West a distance of 443.76 feet to the 

point of beginning. Containing 1.361 

acres, more or less, of land in area. 

Description of That Portion of Parcel 

63–B Being Released 

Part of the South 1⁄4 of Section 16, T. 

3 S., R. 9 E., City of Romulus, Wayne 

County, Michigan and being more 

particularly described as follows: 

Commencing at the Southwest corner of 

Section 16, T. 3 S., R. 9 E., and running 

thence South 89 degrees 48 minutes 20 

seconds East, along the South line of 

said Section 16, a distance of 260.00 feet 

to a point; thence North 00 degrees 10 

minutes 20 seconds East, a measured 

distance of 216.11 feet (described 218.66 

feet) to a point on the Westerly RightOf-Way line for relocated Vining Road 

(120 feet wide), said point being the 

point of beginning of the parcel of land 

herein being described; proceeding 

thence from said pont of beginning 

North 00 degrees 10 minutes 20 seconds 

East, a measured distance of 1655.43 

feet (described 1656.77 feet) to a point 

on the Southerly line of the Norfolk and 

Western Railroad Right-Of-Way (100 

feet wide); thence North 73 degrees 24 

minutes 30 seconds East, along the 

Southerly line of said Norfolk and 

Western Railroad Right-Of-Way, a 

distance of 136.44 feet to a point; thence 

South 00 degrees 10 minutes 20 seconds 

West a distance of 1027.60 feet to a 

point on the center line of the Sexton 

Kilfoil Drain; thence North 76 degrees 

26 minutes 59 seconds West, along the 

center line of said Sexton Kilfoil Drain, 

a measured distance of 111.00 feet 

(described 111.50 feet) to a point; thence 

South 00 degrees 10 minutes 20 seconds 

West a distance of 654.13 feet to a point 

on said Westerly Right-Of-Way Line for 

relocated Vining Road; thence South 30 

degrees 29 minutes 17 seconds West, 

along said right of way line, a distance 

of 44.87 feet to the point of beginning. 

Containing 3.344 acres, more or less, of 

land in area. 

Description of That Portion of Parcel 64 

Being Released 

Part of the Southwest 1⁄4 of Section 16, 

T. 3 S., R. 9 E., City of Romulus, Wayne 

County, Michigan and being more 

particularly described as follows: 

Commencing at the Southwest corner of 

Section 16, T. 3 S., R. 9 E., and running 

thence South 89 degrees 48 minutes 20 

seconds East, along the South line of 

said Section 16, a distance of 390.64 feet 

to a point; thence North 00 degrees 10 

minutes 20 seconds East, a distance of 

439.59 feet to a point on the Westerly 

Right-of-Way Line for relocated Vining 

Road (width varies), said point being the 

point of beginning of the parcel of land 

herein being described; proceeding 

thence from said point of beginning 

North 00 degrees 10 minutes 20 seconds 

East, a distance of 1471.36 feet to a 

point on the Southerly line of the 

Norfolk and Western Railroad Right-ofWay (100 feet wide); thence North 73 

degrees 20 minutes 30 seconds East, 

along the Southerly line of said Norfolk 

and Western Railroad Right-of-Way, a 

distance of 171.28 feet to a point; thence 

South 00 degrees 10 minutes 20 seconds 

West a distance of 1240.29 feet to a 

point on said Westerly Right-of-Way 

Line for relocated Vining Road; thence 

South 30 degrees 29 minutes 17 seconds 

West, along said right of way line, a 

distance of 324.90 feet to the point of 

beginning. Containing 5.105 acres, more 

or less, of land in area. 

Description of That Portion of Parcel 65 

Being Released 

Part of the Southwest 1⁄4 of Section 16, 

T. 3 S., R. 9 E., City of Romulus, Wayne 

County, Michigan and being more 

particularly described as follows: 

Commencing at the Southwest corner of 

Section 16, T. 3 S., R. 9 E., and running 

thence South 89 degrees 48 minutes 20 

seconds East, along the South line of 

said Section 16, a distance of 826.05 feet 

to a point; thence North 00 degrees 10 

minutes 20 seconds East, a distance of 

1275.17 feet to a point on the Westerly 

Right-of-Way Line for relocated Vining 

Road (width varies), said point being the 

point of beginning of the parcel of land 

herein being described; proceeding 

thence from said point of beginning 

thence South 25 degrees 54 minutes 51 

seconds West, along said right of way 

line, a distance of 574.08 feet to an angle 

point is said right-of-way line; thence 

South 30 degrees 29 minutes 17 seconds 

West, containing along said right of way 

line, a distance of 43.82 feet to a point; 

thence North 00 degrees 10 minutes 20 

seconds East, a distance of 1240.29 feet 

to a point on the Southerly line of the 

Norfolk and Western Railroad Right-ofWay (100 feet wide); thence North 73 

degrees 24 minutes 30 seconds East, 

along the Southerly line of said Norfolk 

and Western Railroad Right-of-Way, a 

distance of 283.50 feet to a point; thence 

South 00 degrees 10 minutes 20 seconds 

West a distance of 767.12 feet to the 

point of beginning. Containing 6.278 

acres, more or less, of land in area. 

Description of That Portion of Parcel 66 

(West 1⁄2) Being Released 

Part of the Southwest 1⁄4 of Section 16, 

T. 3 S., R. 9 E., City of Romulus, Wayne 

County, Michigan and being more 

particularly described as follows: 

Commencing at the Southwest corner of 

Section 16, T. 3 S., R. 9 E., and running 

thence South 89 degrees 48 minutes 20 

seconds East, along the South line of 

said Section 16, a distance of 826.05 feet 

to a point; thence North 00 degrees 10 

minutes 20 seconds East, a distance of 

1275.17 feet to a point on the Westerly 

Right-of-Way Line for relocated Vining 

road (width varies), said point being the 

point of beginning of the parcel of land 

herein being described; proceeding 

thence from said point of beginning 

North 00 degrees 10 minutes 20 seconds 

East, a distance of 767.12 feet to a point 

on the Southerly line of the Norfolk and 

Western Railroad Right-of-Way (100 feet 

wide); thence North 73 degrees 24 

minutes 30 seconds East, along the 

Southerly line of said Norfolk and 

Western Railroad Right-of-Way, a 

distance of 139.32 feet to a point; thence 

South 00 degrees 10 minutes 20 seconds 

West a distance of 530.64 feet to a point 

on said Westerly Right-of-Way Line for 

relocated Vining Road; thence South 25 

degrees 54 minutes 51 seconds West, 

along said right of way line, a distance 

of 307.15 feet to the point of beginning. 

Containing 1.987 acres, more or less, of 

land in area. 

Description of That Portion of Parcel 66 

(East 1⁄2) Being Released 

Part of the Southwest 1⁄4 of Section 16, 

T. 3 S., R. 9 E., City of Romulus, Wayne 


hsrobinson on PROD1PC72 with NOTICES
Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices 48575 

County, Michigan and being more 

particularly described as follows: 

Commencing at the Southwest corner of 

Section 16, T. 3 S., R. 9 E., and running 

thence South 89 degrees 48 minutes 20 

seconds East, along the South line of 

said Section 16, a distance of 1092.89 

feet to a point; thence North 00 degrees 

10 minutes 20 seconds East, a distance 

of 1828.61 feet to a point on the 

Westerly Right-of-Way Line for 

relocated Vining Road (width varies), 

said point being the point of beginning 

of the parcel of land herein being 

described; proceeding thence from said 

point of beginning South 25 degrees 54 

minutes 51 seconds West, along said 

right of way line, a distance of 307.15 

feet to a point; thence North 00 degrees 

10 minutes 20 seconds East, a distance 

of 530.64 feet to a point on the 

Southerly line of the Norfolk and 

Western Railroad Right-of-Way (100 feet 

wide); thence North 73 degrees 24 

minutes 30 seconds East, along the 

Southerly line of said Norfolk and 

Western Railroad Right-of-Way, a 

distance of 139.32 feet to a point; thence 

South 00 degrees 10 minutes 20 seconds 

West a distance of 294.16 feet to the 

point of beginning. Containing 1.263 

acres, more or less, of land in the area. 

Description of That Portion of Parcel 67 

Being Released 

Part of the Southwest 1⁄4 of Section 16, 

T. 3 S., R. 9 E., City of Romulus, Wayne 

County, Michigan and being more 

particularly described as follows: 

Commencing at the Southwest corner of 

Section 16, T. 3 S, R. 9 E., and running 

thence South 89 degrees 48 minutes 20 

seconds East, along the South line of 

said Section 16, a distance of 1092.89 

feet to a point; thence North 00 degrees 

10 minutes 20 seconds East, a distance 

of 1828.61 feet to a point on the 

Westerly Right-of-Way Line for 

relocated Vining Road (width varies), 

said point being the point of beginning 

of the parcel of land herein being 

described; proceeding thence from said 

point of beginning North 00 degrees 10 

minutes 20 seconds East, a distance of 

294.16 feet to a point on the Southerly 

line of the Norfolk and Western Railroad 

Right-of-Way (100 feet wide); thence 

North 73 degrees 24 minutes 30 seconds 

East, along the Southerly line of said 

Norfolk and Western Railroad Right-ofWay, a distance of 195.67 feet to the 

point of intersection of said railroad 

right-of-way line with the Westerly 

Right-of-Way Line for said relocated 

Vining Road, said point being distance 

South 00 degrees 03 minutes 34 seconds 

West, a measured distance of 105.88 feet 

(recorded as 104.83 feet), as measured 

along the East line of said Section 16 

and South 73 degrees 24 minutes 30 

seconds West a distance of 1361.68 feet, 

as measured along the Southerly line of 

said Norfolk and Western Railroad 

Right-of-Way from the East 1⁄4 corner of 

said Section 16; thence South 30 

degrees 29 minutes 17 seconds West, 

along said Westerly Right-of-Way Line 

for relocated Vining Road, a distance of 

206.82 feet to an angle point in said 

line; thence South 25 degrees 54 

minutes 51 seconds West, continuing 

along said right of way line, a distance 

of 191.01 feet to the point of beginning. 

Containing 0.596 acres, more or less, of 

land in area. 

Issued in Romulus, Michigan, on July 28, 

2006. 

Irene R. Porter, 

Manager, Detroit Airports District Office, 

FAA, Great Lakes Region. 

[FR Doc. 06–7060 Filed 8–18–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Public Notice for Waiver of 

Aeronautical Land-Use Assurance; 

Detroit Metropolitan Wayne County 

Airport, Detroit, MI 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of intent of waiver with 

respect to land. 

SUMMARY: The Federal Aviation 

Administration (FAA) is considering a 

proposal to change a portion of the 

Detroit Metropolitan Wayne County 

Airport (DTW) from aeronautical use to 

non-aeuronautical use and to authorize 

the sale of the airport property .The 

proposal consists of a land exchange 

between the Wayne County Airport 

Authority (WCAA) and the City of 

Romulus (City) for the Romulus 

Department of Public Works (DPW) 

property. 

The Runway 4L/22R construction 

project at DTW necessitated the WCAA 

acquire the City DPW site on Goddard 

Road (Parcel 65). A Memorandum of 

Understanding between the WCAA and 

the City provided that the WCAA 

construct a replacement DPW facility on 

surplus airport property West of 

relocated Wayne Road and then 

exchange this property (portions of 

seven parcels) for the former City DPW 

site. The new DPW facility has been 

constructed and the WCAA/City desire 

to complete the property exchange. 

The WCAA has requested from FAA 

a ‘‘Release from Federal agreement 

obligated land covenants’’ to complete 

the land exchange. The property 

proposed for release was acquired by 

the WCAA under FAA Project Numbers: 

3–26–0026–1991, 3–26–0026–2292, 3–

26–0026–3695, 3–26–0026–4197, and 3–

26–0026–4398. 

There are no impacts to the airport by 

allowing the WCAA to exchange 

property with the City. Approval does 

not constitute a commitment by the 

FAA to financially assist in the disposal 

of the airport property nor a 

determination of eligibility for grant-inaid funding from the FAA. The 

disposition of proceeds from the 

disposal of the airport property will be 

in accordance with FAA’s Policy and 

Procedures Concerning the Use of 

Airport Revenue, published in the 

Federal Register on February 16, 1999. 

In accordance with section 47107(h) 

of title 49, United States Code, this 

notice is required to be published in the 

Federal Register 30 days before 

modifying the land-use assurance that 

requires the property to be used for an 

aeronautical purpose. 

DATES: Comments must be received on 

or before September 20, 2006. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David J. Welhouse, Project Manager, 

Detroit Airports District Office, 11677 

South Wayne Road, Suite 107, Romulus, 

Michigan 48174. Telephone Number 

(734) 229–2952/FAX Number (734) 229–

2950. Documents reflecting this FAA 

action may be reviewed at this same 

location or at Detroit Metropolitan 

Wayne County Airport, Detroit, 

Michigan. 

SUPPLEMENTARY INFORMATION: Following 

is a legal description of the property to 

be exchanged with the City of Romulus 

for the new DPW facility located in 

Romulus, Wayne County, Michigan, and 

described as follows: 

Description of That Portion of Parcel 30 

Being Released 

Part of the Southeast 1⁄4 of Section 20, 

T. 3 S., R. 9 E., City of Romulus, Wayne 

County, Michigan and being more 

particularly described as follows: 

Commencing at the Southeast corner of 

Section 20, T. 3 S., R. 9 E., and running 

thence North 88 degrees 14 minutes 27 

seconds West, along the South line of 

said Section 20, a distance of 174.09 feet 

to a point; thence North 01 degree 19 

minutes 36 seconds East, a distance of 

57.34 feet to the point of beginning of 

the parcel of land herein being 

described; proceeding thence from said 

point of beginning North 01 degree 19 

minutes 36 seconds East, a distance of 

1243.26 feet to a point; thence South 89 

degrees 51 minutes 47 seconds East a 

distance of 174.12 feet to a point on the 


hsrobinson on PROD1PC72 with NOTICES