Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices 62033 

Commission if the plan sponsors designate the 

proposed amendment as involving solely technical 

or ministerial matters. 67See Securities Exchange Act Release Nos. 

53585 (March 31, 2006), 71 FR 17934 (April 7, 

2006) (order approving File Nos. SR–NYSE–2004–

43 and NYSE–2005–32) (relating to OpenBook); and 

51438 (March 28, 2005), 70 FR 17137 (April 4, 

2005) (order approving File No. SR–NYSE–2004–

32) (relating to Liquidity Quote). For both the 

OpenBook and Liquidity Quote products, the NYSE 

attached to the CTA Vendor Agreement an Exhibit 

C containing additional terms governing the 

distribution of those products, which the 

Commission specifically approved. NYSE Arca is 

not including additional contract terms in its 

proposal. 

68See NYSE Arca Response I, supra note 5. 

69See NYSE Arca Response I, supra note 5. 

70See NYSE Arca Response I, supra note 5. 

71See SIA Letter I, supra note 4. 

72See SIA Letters I and II, supra note 4. 

73See NYSE Arca Response I, supra note 5. 

74See SIA Letter I, supra note 4. 

75See NYSE Arca Response I, supra note 5. 

76 15 U.S.C. 78s(b)(2). 

77 17 CFR 200.30–3(a)(12). 

The Commission notes that the NYSE 

used the CTA Vendor Agreement to 

govern the distribution of its OpenBook 

and Liquidity Quote market data 

products.67 In addition, according to 

NYSE Arca, the CTA/CQ Vendor and 

Subscriber Agreements ‘‘have been in 

effect for many years and enjoy 

widespread use and acceptance.’’ 68 The 

Exchange represents that, following 

consultations with vendors and endusers, and in response to client demand, 

the Exchange: 

chose to fold itself into an existing contract 

and administration system rather than to 

burden clients with another set of market 

data agreements and another market data 

reporting system, both of which would 

require clients to commit additional legal and 

technical resources to support the Exchange’s 

data products.69

In addition, the Commission notes that 

the Exchange has represented that it is 

not imposing restrictions on the use or 

display of its data beyond those set forth 

in the existing CTA/CQ Vendor and 

Subscriber Agreements.70 Because the 

Exchange has not proposed changes to 

the CTA/CQ Vendor and Subscriber 

Agreements, the Commission disagrees 

with one commenter’s assertion that the 

Exchange is ‘‘amending and adding to 

the CTA vendor agreement.’’ 71

This commenter also believes that the 

Exchange has not recognized the rights 

of a broker or dealer, established in 

Regulation NMS, to distribute its order 

information, subject to the condition 

that it does so on terms that are fair and 

reasonable and not unreasonably 

discriminatory.72 In response, the 

Exchange states that the CTA/CQ 

Vendor and Subscriber Agreements do 

not prohibit a broker-dealer member of 

a Plan Participant from making available 

to the public information relating to the 

orders and transaction reports that it 

provides to Plan Participants.73

Accordingly, the Commission believes 

that the Exchange has acknowledged the 

rights of a broker or dealer to distribute 

its market information, subject to the 

requirements of Exchange Act Rule 

603(a). 

One commenter also asserts that the 

Exchange has failed to consider the 

administrative burdens that the 

proposal would impose, including the 

need for broker-dealers to develop 

system controls to track ArcaBook 

access and usage.74 In response, the 

Exchange represents that it has 

communicated with its customers to 

ensure system readiness and is using a 

long-standing and broadly-used 

administrative system to minimize the 

amount of development effort required 

to meet the administrative requirements 

associated with the proposal.75

Accordingly, the Commission believes 

that the Exchange has considered the 

administrative requirements associated 

with the proposal. 

VI. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,76 that the 

proposal (SR–NYSEArca–2006–21), is 

approved. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.77

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. E6–17539 Filed 10–19–06; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Noise Compatibility 

Program; Orlando Sanford 

International Airport, Sanford, FL 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the noise compatibility 

program modification submitted by the 

Sanford Airport Authority under the 

provisions of 49 U.S.C. (the Aviation 

Safety and Noise Abatement Act, 

hereinafter referred to as ‘‘the Act’’) and 

14 CFR part 150. These findings are 

made in recognition of the description 

of Federal and nonfederal 

responsibilities in Senate Report No. 

96–52 (1980). On June 22, 2005, the 

FAA determined that the noise exposure 

maps submitted by the Sanford Airport 

Authority under part 150 were in 

compliance with applicable 

requirements. On August 23, 2006, the 

FAA approved the Orlando Sanford 

International Airport modification to the 

noise compatibility program. All of the 

recommended modifications of the 

program were approved. No program 

elements relating to new or revised 

flight procedures for noise abatement 

were proposed by the airport operator. 

DATES: Effective Date: The effective date 

of the FAA’s approval of the Orlando 

Sanford International Airport 

modification to the noise compatibility 

program is August 23, 2006. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lindy McDowell, Federal Aviation 

Administration, Orlando Airports 

District Office, 5950 Hazeltine National 

Dr., Suite 400, Orlando, Florida 32822, 

(407) 812–6331, Extension 130. 

Documents reflecting this FAA action 

may be reviewed at this same location. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA has 

given its overall approval of a 

modification to the noise compatibility 

program for Orlando Sanford 

International Airport, effective August 

23, 2006. 

Under Section 47504 of the Act, an 

airport operator who has previously 

submitted a noise exposure map may 

submit to the FAA a noise compatibility 

program which sets forth the measures 

taken or proposed by the airport 

operator for the reduction of existing 

non-compatible land uses and 

prevention of additional non-compatible 

land uses within the area covered by the 

noise exposure maps. The Act requires 

such programs to be developed in 

consultation with interested and 

affected parties including local 

communities, government agencies, 

airport users, and FAA personnel. 

Each airport noise compatibility 

program developed in accordance with 

Federal Aviation Regulations (FAR) part 

150 is a local program, not a Federal 

Program. The FAA does not substitute 

its judgment for that of the airport 

proprietor with respect to which 

measure should be recommended for 

action. The FAA’s approval or 

disapproval of FAR part 150 program 

recommendations is measured 

according to the standards expressed in 

part 150 and the Act, and is limited to 

the following determinations: 

a. the noise compatibility program 

was developed in accordance with the 

provisions and procedures of FAR part 

150; 


jlentini on PROD1PC65 with NOTICES
62034 Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices 

b. Program measures are reasonably 

consistent with achieving the goals of 

reducing existing non-compatible land 

uses around the airport and preventing 

the introduction of additional noncompatible land uses; 

c. Program measures would not create 

an undue burden on interstate or foreign 

commerce, unjustly discriminate against 

types or classes of aeronautical uses, 

violate the terms of airport grant 

agreements, or intrude into areas 

preempted by the Federal government; 

and 

d. Program measures relating to the 

use of flight procedures can be 

implemented within the period covered 

by the program without derogating 

safety, adversely affecting the efficient 

use and management of the navigable 

airspace and air traffic control systems, 

or adversely affecting other powers and 

responsibilities of the Administrator 

prescribed by law. 

Specific limitations with respect to 

FAA’s approval of an airport noise 

compatibility program are delineated in 

FAR Part 150, Section 150.5. Approval 

is not a determination concerning the 

acceptability of land uses under Federal, 

state, or local law. Approval does not by 

itself constitute an FAA implementing 

action. A request for Federal action or 

approval to implement specific noise 

compatibility measures may be 

required, and an FAA decision on the 

request may require an environmental 

assessment of the proposed action. 

Approval does not constitute a 

commitment by the FAA to financially 

assist in the implementation of the 

program nor a determination that all 

measures covered by the program are 

eligible for grant-in-aid funding from the 

FAA. Where Federal funding is sought, 

requests for project grants must be 

submitted to the FAA Airports District 

Office in Orlando, Florida. 

Sanford Airport Authority submitted 

to the FAA on January 6, 2006, the noise 

exposure maps, descriptions, and other 

documentation produced during the 

noise compatibility modification study 

conducted from March 8, 2004, through 

January 6, 2006. The Orlando Sanford 

International Airport noise exposure 

maps, submitted to the FAA on June 9, 

2005, were determined by FAA to be in 

compliance with applicable 

requirements on June 22, 2005. Notice 

of this determination was published in 

the Federal Register on June 22, 2005. 

The Orlando Sanford International 

Airport study contains a proposed 

modification to the noise compatibility 

program comprised of actions designed 

for phased implementation by airport 

management and adjacent jurisdictions 

from 2004 to the year 2009. It was 

requested that FAA evaluate and 

approve this material as a noise 

compatibility program modification as 

described in section 47504 of the Act. 

The FAA began its review of the 

program modification on March 3, 2006, 

and was required by a provisions of the 

Act to approve or disapprove the 

program within 180 days (other than the 

use of new or modified flight 

procedures for noise control). Failure to 

approve or disapprove such program 

within the 180-day period shall be 

deemed to be an approval of such 

program. 

The submitted program contained one 

(1) proposed action for noise mitigation 

off the airport. The FAA completed its 

review and determined that the 

procedural and substantive 

requirements of the Act and FAR Part 

150 have been satisfied. The overall 

program modification, therefore, was 

approved by the FAA effective August 

23, 2006. 

Outright approval was granted for all 

of the specific program elements. 

Approved actions include a 

modification to Land Use Measure H in 

which the airport proposes additional 

acquisition for noise abatement 

purposes those areas that are identified 

as non-compatible land uses and located 

in the 65 DNL noise contour in the 

updated NEM (2004). 

These determinations are set forth in 

detail in a Record of Approval signed by 

the FAA on August 23, 2006. The 

Record of Approval, as well as other 

evaluation materials and the documents 

comprising the submittal, are available 

for review at the FAA office listed above 

and at the administrative office of the 

Sanford Airport Authority. The Record 

of Approval also will be available online at http://www.faa.gov/arp/ 

environmental/14cfr150/index14.cfm. 

Issued in Orlando, Florida on September 

28, 2006. 

W. Dean Stringer, 

Manager, Orlando Airports District Office. 

[FR Doc. 06–8789 Filed 10–19–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Noise Compatibility 

Program; St. Lucie County 

International Airport, Fort Pierce, FL 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the noise compatibility 

program submitted by the St. Lucie 

County Board of County Commissioners 

under the provisions of 49 U.S.C. (the 

Aviation Safety and Noise Abatement 

Act, hereinafter referred to as ‘‘the Act’’) 

and 14 CFR part 150. These findings are 

made in recognition of the description 

of Federal and nonfederal 

responsibilities in Senate Report No. 

96–52 (1980). On February 23, 2006, the 

FAA determined that the noise exposure 

maps submitted by the St. Lucie County 

Board of County Commissioners under 

part 150 were in compliance with 

applicable requirements. On August 21, 

2006, the FAA approved the St. Lucie 

County International Airport noise 

compatibility program. Most of the 

recommendations of the program were 

approved. 

DATES: Effective Date: The effective date 

of the FAA’s approval of the St. Lucie 

County International Airport noise 

compatibility program is August 21, 

2006. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lindy McDowell, Federal Aviation 

Administration, Orlando Airports 

District Office, 5950 Hazeltine National 

Dr., Suite 400, Orlando, Florida 32822, 

(407) 812–6331, Extension 130. 

Documents reflecting this FAA action 

may be reviewed at this same location. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA has 

given its overall approval to the noise 

compatibility program for St. Lucie 

County International Airport, effective 

August 21, 2006. 

Under Section 47504 of the Act, an 

airport operator who has previously 

submitted a noise exposure map may 

submit to the FAA a noise compatibility 

program which sets forth the measures 

taken or proposed by the airport 

operator for the reduction of existing 

non-compatible land uses and 

prevention of additional non-compatible 

land uses within the area covered by the 

noise exposure maps. The Act requires 

such programs to be developed in 

consultation with interested and 

affected parties including local 

communities, government agencies, 

airport users, and FAA personnel. 

Each airport noise compatibility 

program developed in accordance with 

Federal Aviation Regulations (FAR) Part 

150 is a local program, not a Federal 

Program. The FAA does not substitute 

its judgment for that of the airport 

proprietor with respect to which 

measure should be recommended for 

action. The FAA’s approval or 

disapproval of FAR Part 150 program 

recommendations is measured 

according to the standards expressed in 


jlentini on PROD1PC65 with NOTICES