Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices 76017 

41See Securities Exchange Act Release Nos. 

48881 (December 4, 2003), 68 FR 69739 (December 

15, 2003) (SR–NYSE–2003–39) (relating to the 

iShares Lehman U.S. Aggregate Bond Fund and 

iShares Lehman TIPS Bond Fund); and 46299 

(August 1, 2002), 67 FR 51907 (August 9, 2002) 

(SR–NYSE–2002–26) (relating to the iShares 1–3 

Year Treasury Index Fund, iShares 7–10 Year 

Treasury Index Fund, iShares 20+ Year Treasury 

Index Fund, iShares Treasury Index Fund, iShares 

Government/Credit Index Fund, iShares Lehman 

Corporate Bond Fund, and iShares Goldman Sachs 

Corporate Bond Fund). 

42 15 U.S.C. 78s(b)(2). 

43 17 CFR 200.30–3(a)(12). 

example, intra-day prices for treasury 

securities and agency securities are 

available from Bloomberg, TradeWeb, 

ABS and TRACE. Intra-day prices of 

callable agency securities are available 

from TradeWeb. Intra-day prices of 

corporate bonds are available from 

ABS, and TRACE. In addition, intraday prices for these securities are 

available by subscription or otherwise to 

Authorized Participants and clients of 

major U.S. broker-dealers. If the 

Underlying Index values or IOPV is not 

disseminated as described, the 

Exchange may halt trading during the 

day in which the interruption occurs. If 

the interruption persists past the trading 

day in which it occurred, the Exchange 

will halt trading no later than the 

beginning of the trading day following 

the interruption. The Commission 

believes that the trading halt rules, 

together with the NAV dissemination 

requirements, will facilitate 

transparency, reduce the potential for an 

unfair informational advantage with 

respect to the Shares, and diminish the 

potential for manipulation. 

C. Listing and Trading 

The Commission finds that the 

Exchange’s rules and procedures for the 

listing and trading of the Shares are 

consistent with the Act. The Shares will 

be subject to NYSE rules governing the 

trading of equity securities, including, 

among others, rules governing trading 

halts, customer suitability requirements, 

and the election of stop and stop limit 

orders. In addition, the Shares are 

subject to the criteria for initial and 

continued listing of ICUs in Section 

703.16 of the NYSE Manual. The 

Commission believes that the listing and 

delisting criteria for the Shares of the 

Funds should help to maintain a 

minimum level of liquidity and, 

therefore, minimize the potential for 

manipulation of the Shares. Finally, the 

Commission notes that the Information 

Memo will inform members about the 

terms, characteristics, and risks in 

trading the Shares, including their 

prospectus delivery obligations. 

Accelerated Approval 

NYSE has requested that the 

Commission find good cause for 

approving the proposed rule change, as 

amended, prior to the thirtieth day after 

the date of publication of notice thereof 

in the Federal Register. The 

Commission notes that the proposal is 

consistent with the NYSE’s listing and 

trading standards, and the Commission 

has previously approved similar 

products.41 Based on the above, the 

Commission finds good cause to 

accelerate approval of the proposed rule 

change, as amended. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act 42 that the 

proposed rule change, as amended, (SR–

NYSE–2006–70) is hereby approved on 

an accelerated basis. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.43

Nancy M. Morris, 

Secretary. 

[FR Doc. E6–21585 Filed 12–18–06; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Disaster Declaration #10748 and 

#10749 Pennsylvania Disaster #PA–

00006 

AGENCY: Small Business Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the Commonwealth of Pennsylvania 

dated 12/11/2006. 

Incident: Severe storm and flooding 

Incident Period: 11/16/2006 through 

11/17/2006 

Effective Date: 12/11/2006 

Physical Loan Application Deadline 

Date: 02/09/2007. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 09/11/2007. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration, 

applications for disaster loans may be 

filed at the address listed above or other 

locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary County: Luzerne. 

Contiguous Counties: Pennsylvania; 

Carbon; Columbia; Lackawanna; 

Monroe; Schuylkill; Sullivan; 

Wyoming. 

The Interest Rates are: 

Percent 

Homeowners with Credit Available 

Elsewhere ................................... 6.000 

Homeowners without Credit Available Elsewhere ........................... 3.000 

Businesses with Credit Available 

Elsewhere ................................... 8.000 

Businesses & Small Agricultural 

Cooperatives without Credit 

Available Elsewhere .................... 4.000 

Other (Including Non-Profit Organizations) with Credit Available 

Elsewhere ................................... 5.250 

Businesses and Non-Profit Organizations without Credit Available 

Elsewhere ................................... 4.000 

The number assigned to this disaster 

for physical damage is 10748 6 and for 

economic injury is 10749 0. 

The Commonwealth which received 

an EIDL Declaration # is Pennsylvania. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Dated: December 11, 2006. 

Steven C. Preston, 

Administrator. 

[FR Doc. E6–21576 Filed 12–18–06; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Requirements Regarding Flights to 

College Bowl Games and Other Special 

Events 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: The Department is publishing 

the following notice providing guidance 

to colleges and other organizations 

wishing to arrange charter flights to 

football bowl games, NCAA basketball 

playoff games, or other special events. 

FOR FURTHER INFORMATION CONTACT: 

Dayton Lehman, Jr., Deputy Assistant 

General Counsel, or Lisa SwaffordBrooks, Senior Attorney, Office of 

Aviation Enforcement and Proceedings 

(C–70), 400 7th Street, SW., 

Washington, DC 20590, (202) 366–9342. 

SUPPLEMENTARY INFORMATION: Notice of 

Department of Transportation 

Requirements Regarding Flights to 


hsrobinson on PROD1PC76 with NOTICES
76018 Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices 

College Bowl Games and other Special 

Events. 

This notice is to provide guidance to 

colleges and other organizations 

wishing to arrange charter flights, 

including flights to football bowl games, 

NCAA basketball playoff games, or other 

special events. The notice is also 

intended to provide information 

regarding the economic licensing and 

operational certification of air carriers 

by the U.S. Department of 

Transportation (DOT). It is important 

that colleges and other entities are fully 

aware of this information since they 

often charter aircraft to travel to events 

and we wish to avoid instances of 

organizations (1) contracting with 

entities that hold no DOT economic 

authority; (2) unknowingly chartering 

aircraft from entities that are not subject 

to the most stringent safety standards 

and oversight of the Federal Aviation 

Administration (FAA), a DOT operating 

administration; or (3) reselling seats on 

a charter flight without their first having 

obtained proper authority to do so. 

There are generally two primary 

avenues whereby a college or other 

entity may seek to sponsor air 

transportation to a college bowl game or 

other special event. The organization 

may choose to (1) contract directly with 

a carrier to provide the air 

transportation to the bowl game or other 

special event or (2) contract with a 

Public Charter Operator or an air charter 

broker, who would, in turn, locate a 

direct air carrier to provide the air 

transportation. 

Contracting Directly With an Air 

Carrier 

If the college or other entity chooses 

to contract with the air carrier directly, 

they should be aware of the economic 

requirements that govern the carrier’s 

operations. Before any U.S. aircraft 

operator can hold itself out to the public 

as providing interstate scheduled or 

charter service, it must have DOT 

economic authority. In general, such 

authority is granted to large aircraft 

operators in the form of an air carrier 

certificate issued under 49 U.S.C. 41101. 

Prior to granting such authority, this 

Department must find a carrier to be 

‘‘fit’’, which entails a determination that 

the carrier has adequate financial 

resources, a competent management 

team and a proper compliance 

disposition. This fitness requirement is 

a continuing one and we monitor 

certificated carriers to ensure their 

compliance with the requirement. In 

addition, certificated carriers must meet 

certain DOT economic rules such as 

minimum liability insurance 

requirements (see, 14 CFR part 205) and 

escrow requirements to protect 

charterers (see, 14 CFR part 212). 

Likewise, the FAA requires that any 

U.S. aircraft operator providing 

scheduled or charter service with large 

aircraft must comply with the safetyrelated certification and operating rules 

of part 121 of the Federal Aviation 

Regulations (14 CFR part 121). Those 

regulations are the most detailed and 

stringent of any of the FAA’s aircraft 

operating rules and the FAA provides 

heightened safety surveillance of 

carriers subject to part 121. 

There are, however, operators of large, 

jet-powered passenger aircraft that are 

not required to have DOT economic 

authority or to comply with 14 CFR part 

121. These operators are regulated 

under the safety standards of part 125 of 

the Federal Aviation Regulations (14 

CFR Part 125). While these aircraft 

operators may conduct ‘‘private’’ air 

services for a few entities for 

compensation or hire, they do not have 

authority to transport the general public 

by engaging in common carriage (e.g., 

holding out to the general public, or a 

segment of the general public such as 

colleges, through advertisements or 

telephone listings or through agents or 

brokers, or otherwise acquiring a 

reputation for common carriage). Since 

carriers operating under part 125 are not 

authorized to hold out to the general 

public, part 125 does not contain safety 

standards as stringent as part 121. 

Likewise, carriers lawfully operating 

under part 125 hold no economic 

license from DOT and are not required 

to comply with DOT’s insurance or 

monetary escrow requirements. You 

should therefore inquire about the 

specific authority under which the 

carrier you will be using will operate. 

In addition to determining whether 

the air carrier has appropriate authority, 

any organization that contracts with an 

air carrier directly and wishes to resell 

seats on the charter flight to the public 

(for example, to its students or alumni, 

to the press, or to its club members), 

whether or not as a profit-making 

venture, should understand its own role 

as an ‘‘indirect air carrier,’’ whose 

reselling of the air transportation must 

be licensed under the Department’s 

Public Charter regulations. 

Public Charter operators must comply 

with the requirements of 14 CFR Part 

380. Among the most important 

requirements of 14 CFR Part 380 are the 

rules designed to prevent economic 

harm to charter passengers, including 

the requirements that (1) before any 

sales of seats takes place there is in 

place an approved Public Charter 

prospectus based upon a contract 

between the charter operator and a 

direct air carrier covering the 

transportation to be sold and (2) all 

payments by charter participants to 

charter operators be covered in full by 

a security agreement or in part by a 

security agreement with the payments 

themselves being placed directly into an 

escrow account. There are other specific 

rules governing Public Charter 

solicitation and the content of the 

charter contract between the Public 

Charter operator and the charter 

participants, including provisions on 

the cancellation of trips and a 

participant’s right to a refund. 

Exemptions From the Public Charter 

Requirements 

We recognize that organizations may 

have only a short time after learning of 

an event in which to organize 

participation in a charter flight, such as 

might occur with a bowl game or NCAA 

basketball playoff appearance. The 

Department has always been willing to 

work with organizations that can show 

that an exemption from certain of its 

rules is in the public interest. While 

such matters are reviewed on a case-bycase basis, in seeking such relief, an 

organization should be prepared to 

show, at a minimum, that it has a 

contract with a carrier holding 

appropriate authority for the flight and 

that appropriate financial arrangements 

are in place to protect consumer 

payments. 

Using a Public Charter Operator or an 

Air Charter Broker 

Organizations may contract with a 

Public Charter operator to organize a 

charter flight. Any organization that 

does so should assure itself that the 

Public Charter operator has complied 

with the requirements of part 380, as 

described above (and part 381, where 

applicable, as described below). 

Organizations may also contract directly 

with an air carrier through an ‘‘air 

charter broker.’’ An air charter broker 

cannot misrepresent itself as an air 

carrier and, because it does not hold 

authority from the Department, it cannot 

in its own right contract to sell air 

transportation. Therefore, it must 

generally have authority to act either (1) 

as the agent of a chartering organization 

in contracting with an air carrier or (2) 

as the agent of the air carrier in 

contracting with a chartering 

organization. Air charter brokers also 

may act merely as a ‘‘go-between’’

without being involved in the actual 

contract between the carrier and the 

charter customer, e.g., by locating a 

customer for an air carrier and being 

paid a finder’s fee by the carrier, but this 

is a rare occurrence. 


hsrobinson on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices 76019 

1On October 8, 2004, this office issued a notice 

regarding the lawful role of air charter brokers in 

the provision of air transportation and our 

enforcement policy covering such operations. The 

notice, which was published in the Federal 

Register, provides information on a variety of topics 

involving air charter brokers, including contracting 

procedures and marketing. 69 FR 61429, Oct. 18, 

2004; erratum published 69 FR 62321, Oct. 25, 

2004. The notice may be found on the office’s 

website at: http://airconsumer.ost.dot.gov/rules/ 

BrokerNoticeFinal.pdf. 

1Section 4(f) of the Department of Transportation 

Act of 1966 was technically repealed in 1983 when 

it was codified without substantive change and 49 

U.S.C. 303. A provision with the same meaning is 

found at 23 U.S.C. 138 and applies only to FHWA 

actions. We continue to refer to section 4(f) as such 

because it would create needless confusion to do 

otherwise; the policies section 4(f) engendered are 

widely referred to as ‘‘Section 4(f)’’ matters. 

2The ACHP’s approved exemption was published 

in the Federal Register on March 10, 2005, at 70 

FR 11928. 

Organizations using air charter 

brokers should be aware that, since the 

Department does not license air charter 

brokers, there is no DOT-required 

financial security in place to protect an 

organization’s payments to a broker that 

is the lawful agent of the organization or 

who acts in a ‘‘go-between’’ function. 

With respect to air charter brokers that 

state that they are acting as the agent of 

one or more air carriers, prior to signing 

a contract for air services organizations 

should take steps to assure themselves 

of the agency relationship and that the 

carrier represented is properly licensed 

by DOT and FAA to provide the air 

transportation.1

Tickets to a Game or Other Special 

Event Sold in Conjunction With a Flight 

It is also important to note that 

specific rules apply to situations where 

tickets to a game or other special event 

are being offered in conjunction with a 

flight, whether it is a charter flight or a 

regularly scheduled flight. Under 14 

CFR Part 381, an entity that offers 

special event or game tickets in 

connection with a flight must be in 

physical possession of a sufficient 

number of tickets or have a written 

contract for the tickets, which must be 

directly traceable to the actual sponsor 

of the game or other special event. 

Failure to meet Part 381’s requirements 

can entitle a participant to a full refund, 

including the price of the air fare. 

We seek the chartering public’s 

cooperation and assistance to ensure 

that they arrange an enjoyable and 

secure traveling experience. If you have 

any questions or desire additional 

information, please contact Dayton 

Lehman, Deputy Assistant General 

Counsel for Aviation Enforcement and 

Proceedings, or Lisa Swafford-Brooks, 

Senior Attorney in that office, at (202) 

366–9342. If you wish to ascertain 

whether a particular aircraft operator 

has DOT air carrier economic authority, 

you may contact Bill Bertram, Chief of 

the Air Carrier Fitness Division at (202) 

366–1062. 

An unofficial electronic version of 

this document is available on the World 

Wide Web at http://dms.dot.gov/reports 

and at http://airconsumer.ost.dot.gov/ 

rules/guidance.htm 

Dated: December 13, 2006. 

Samuel Podberesky, 

Assistant General Counsel for Aviation 

Enforcement and Proceedings. 

[FR Doc. 06–9772 Filed 12–14–06; 4:01 pm] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2006–24902] 

Final List of Nationally and 

Exceptionally Significant Features of 

the Federal Interstate Highway System 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: The FHWA is issuing this 

notice to announce the final list of 

nationally and exceptionally significant 

features of the Federal Interstate 

Highway System. The list is available at 

http://www.environment.fhwa.dot.gov/ 

histpres/highways.asp. In developing 

the final list, the FHWA considered 

public comments received on the 

preliminary list of exceptional elements, 

which was published in the Federal 

Register on June 16, 2006 (71 FR 34988). 

This notice summarizes those 

comments. Exemptions of the Interstate 

Highway System from consideration as 

historic property under the provisions 

of section 106 of the National Historic 

Preservation Act (NHPA) and section 

4(f) of the Department of Transportation 

Act of 1966 1 will not apply to the 

elements on this list. 

DATES: The final list of nationally and 

exceptionally significant features of the 

Federal Interstate Highway System is 

effective December 19, 2006. 

FOR FURTHER INFORMATION CONTACT: 

MaryAnn Naber, HEPE, (202) 366–2060; 

Federal Highway Administration; 400 

7th Street, SW., Washington, DC 20590; 

Harold Aikens, Office of the Chief 

Counsel, HCC–30, (202) 366–0791; 

Federal Highway Administration, 400 

7th Street, SW., Washington, DC 20590–

0001. Office hours are from 7:45 a.m. to 

4:15 p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

Internet users may access all 

comments received by the U.S. DOT 

Dockets, Room PL–401, by using the 

universal resource locator (URL) for the 

Document Management System (DMS) 

at http://dms.dot.gov. The DMS is 

available 24 hours each day, 365 days 

each year. 

An electronic copy of this document 

may be downloaded by using the 

Internet to reach the Office of the 

Federal Register’s home page at http:// 

www.archives.gov and the Government 

Printing Office’s Web site at http:// 

www.access.gpo.gov/nara. 

I. Background 

As the Dwight D. Eisenhower 

National System of Interstate and 

Defense Highways (Interstate System) 

approached its 50th Anniversary, the 

potential for vast sections of highway to 

reach the mark at which resources are 

often evaluated for historic significance 

raised the issue of an overwhelming 

administrative burden for the myriad 

routine undertakings affecting the 

Interstate System. Accordingly, on 

February 18, 2005, the Section 106 

Exemption Regarding Effects to the 

Interstate Highway System was adopted 

by the Advisory Council on Historic 

Preservation (ACHP) to minimize the 

administrative burden on agencies 

responsible for highway maintenance 

and improvements.2 This exemption 

effectively excluded the majority of the 

46,700-mile Interstate System from 

consideration as a historic property 

under section 106 of the National 

Historic Preservation Act (NHPA). In 

addition, the recently enacted Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) reauthorization 

legislation (Pub. L. 109–59, August 10, 

2005) included a provision (Section 

6007) that exempts the bulk of the 

Interstate System from consideration as 

an historic property under section 4(f) of 

the Department of Transportation Act. 

With these two exemptions in place, all 

Federal agencies are no longer required 

to consider the vast majority of the 

Interstate System as historic property 

under Section 106 and Section 4(f) 

requirements. Interstate improvement 

projects are still subject to these 

respective processes with regard to 

those resources listed on or eligible for 

inclusion on the National Register of 

Historic Places that are not integral parts 

of the Interstate System. 


hsrobinson on PROD1PC76 with NOTICES