75800 Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Notices 

11 17 CFR 200.30–3(a)(12). 

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–Phlx–2006–81 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File No. 

SR–Phlx–2006–81. 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 at 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 also will be 

available for inspection and copying at 

the principal office of the Exchange. 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–Phlx–2006–81 and should be 

submitted on or before January 8, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E6–21449 Filed 12–15–06; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA 2006–0104] 

Rescission of Social Security Ruling 

88–10c, Bowen v. Galbreath 

AGENCY: Social Security Administration. 

ACTION: Notice of Rescission of Social 

Security Ruling. 

SUMMARY: In accordance with 20 CFR 

402.35(b)(1), the Commissioner of Social 

Security gives notice of the rescission of 

Social Security Ruling SSR 88–10c. 

EFFECTIVE DATE: December 18, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Marg Handel, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–4639 or TTY 410–966–5609, 

for information about this notice. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: Social 

Security Rulings make available to the 

public precedential decisions relating to 

the Federal old-age, survivors, disability 

and supplemental security income 

programs. Social Security Rulings may 

be based on case decisions made at all 

administrative levels of adjudication, 

Federal court decisions, Commissioner’s 

decisions, opinions of the Office of the 

General Counsel, and other policy 

interpretations of the law and 

regulations. 

On June 23, 1988 we issued SSR 88–

10(c) to reflect the Supreme Court’s 

decision in Galbreath v. Bowen, 485 

U.S. 74 (1988), in which the Court held 

that the relevant statutes did not permit 

withholding past-due Supplemental 

Security Income benefits for attorney’s 

fees in title XVI cases. As the Court 

noted at the end of its decision, the 

earlier Congressional decision not to 

extend attorney fee withholding to title 

XVI would stand ‘‘[u]ntil Congress [saw] 

fit to override its original decision, by 

amending Title XVI in a way that 

manifests an intent to allow 

withholding.’’

In the Social Security Protection Act 

of 2004 (SSPA), Public Law 108–203, 

Congress enacted such legislation. 

Section 302 of the SSPA amended 

section 1631(d)(2) of the Social Security 

Act to extend the attorney fee 

withholding and direct payment 

procedures to claims under title XVI. 

We began paying fees directly to 

attorneys in title XVI cases effectuated 

on or after February 28, 2005, the date 

the amendments made by section 302 

took effect. While this provision will 

only be effective for 5 years, we believe 

that SSR 88–10(c) should be rescinded 

for this period and we will later 

determine if there is a need to reinstate 

it. 

(Catalog of Federal Domestic Assistance 

Programs No. 96.006, Supplemental Security 

Income) 

Dated: December 12, 2006. 

Jo Anne B. Barnhart, 

Commissioner of Social Security. 

[FR Doc. E6–21484 Filed 12–15–06; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Noise Compatibility 

Program for McClellan Palomar 

Airport, Carlsbad, CA 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the noise compatibility 

program submitted by San Diego 

County, California under the provisions 

of Title I of the Aviation Safety and 

Noise Abatement Act, as amended, 

(Public Law96–193) (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 April 26, 

2005, the FAA determined that the 

noise exposure maps submitted by San 

Diego County under Part 150 were in 

compliance with applicable 

requirements. 

EFFECTIVE DATE: The effective date of the 

FAA’s approval of the Noise 

Compatibility Program for McClellan 

Palomar Airport is December 5, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Victor Globa, Environmental Protection 

Specialist, Los Angeles Airports District 

Office, Airport Division, Western-Pacific 

Region, Federal Aviation 

Administration, 15000 Aviation 

Boulevard, Hawthorne, California, 

90261, Mailing Address: P.O. Box 

92007, Los Angeles, California 90009–

2007. Telephone: 310/725–3637. 

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 McClellan 

Palomar Airport, effective April 7, 2004. 

Under section 104(a) of the Aviation 

Safety and Noise Abatement Act of 

1979, as amended (herein after referred 

to as the ‘‘Act’’) [recodified as 49 U.S.C. 

§ 47504], an airport operator who has 

previously submitted a Noise Exposure 

Map may submit to the FAA a Noise 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Notices 75801 

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 judgement for that of the airport 

proprietor with respect to which 

measures should be recommended for 

action. The FAA’s approval or 

disapproval of 14 CFR 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; 

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 under the Airport and Airway 

Improvement Act of 1982, as amended. 

Where Federal funding is sought, 

requests for project grants must be 

submitted to the FAA Airports District 

Office in Hawthorne, California. 

San Diego County submitted to the 

FAA on September 13, 2004, the Noise 

Exposure Maps, descriptions, and other 

documentation produced during the 

noise compatibility planning study 

conducted from December 1, 2002 

through March 24, 2006. The McClellan 

Palomar Airport Noise Exposure Maps 

were determined by FAA to be in 

compliance with applicable 

requirements on April 26, 2005. Notice 

of this determination was published in 

the Federal Register on May 10, 2005 

(70 FR 24671). 

The McClellan Palomar Airport study 

contains a proposed noise compatibility 

program comprised of actions designed 

for phased implementation by airport 

management and adjacent jurisdictions 

from (2004 to beyond the year 2009). It 

was requested that the FAA evaluate 

and approve this material as a Noise 

Compatibility Program as described in 

49 U.S.C. § 47504 (formerly section 

104(b) of the Act). The FAA began its 

review of the program on June 20, 2006, 

and was required by a provision 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 

thirty-two (32) proposed actions for 

noise abatement, land use management 

and program management on and 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 was approved, by the 

Manager of the Airports Division, 

Western-Pacific Region, effective 

December 5, 2006. 

Outright approval was granted for 

seven (7) of the 10 noise abatement 

measures, all six (6) land use 

management measures and twelve (12) 

program management measures. The 

approved measures included such items 

as: Continue the existing published air 

traffic pattern altitudes; Continue the 

existing published ‘‘Alpha Departure’’

voluntary noise abatement procedure 

(VNAP); Continue the existing VNAP, as 

published on the airport Web site; 

Continue the existing designation of 

Runway 24 as the calm wind runway as 

published in the Airport/Facility 

Directory; Continue the existing policy 

discouraging jet aircraft training due to 

noise abatement and traffic congestion 

as published in the Airport/Facility 

Directory; Continue the existing VNAP, 

as published on the airport’s Web site; 

Amend ‘‘Quiet Hours’’ to include all 

aircraft except emergency flight 

operations. Approved Land Use 

Management Measures include: Provide 

the recommended Noise Information 

Notification Area (NINA) boundary to 

San Diego Geographic Information 

Source (SanGIS) in both electronic and 

hard copy formats; Provide the updated 

Noise Exposure Maps to SanGIS in 

electronic format, notify San Diego 

County and the City of Carlsbad that 

updated Noise Exposure Maps are 

available through SanGIS and encourage 

their use in updating the Noise 

Elements fo their General Plans; Rezone 

the undeveloped area designated E–A 

(APN 212–040–56) within the 60 CNEL 

to ‘‘P–M Planned Industrial’’ zone; Real 

estate disclosure within the CRQ’s 

established Airport Influence Area 

should continue; Provide the updated 

NEMs, AIA, and NINA to SanGIS in 

electronic format, encourage the 

California Board of Realtors, San Diego 

North County Board, and the Building 

Industry Association—Sales and 

Marketing Council, North County 

Division to visit SanGIS Web site for the 

most updated NEMs, AIA and NINA 

and work with the aforementioned 

organizations to develop an ‘‘Airport 

Fact Book’’ for property sales agents; 

Provide San Diego County Regional 

Airport Authority (SDCRAA) with 

copies of the Final NEM and NCP 

documents. 

Approved Program Management 

measures include: Hire a dedicated 

Noise Abatement Officer/Appoint a 

Permanent Environmental Noise 

Specialist; The Palomar Airport 

Advisory Committee should continue to 

act as a forum for discussion of noise 

abatement actions; update Maps 

identifying the noise-sensitive areas 

around the airport; Produce an Airport 

Noise Information Booklet; Develop an 

Official Web site to disseminate VNAP 

and other noise-related information; 

Continue to coordinate with the 

Department of Public Works Public 

Information Officer to disseminate 

information to the news media; 

Continue attending and/or participating 

in aviation association meetings to 

expand awareness of VNAP and other 

noise related issues; Coordinate with the 


jlentini on PROD1PC65 with NOTICES
75802 Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Notices 

Department of Public Works Public 

Information officer to periodically 

distribute VNAP press releases to 

aviation media; Periodically provide 

updated VNAP information for 

distribution by Fixed Base Operators; 

Erect monument signs on airport 

property along El Camino Real and 

Palomar Airport Road to inform drivers 

of the existence and location of the 

airport; Produce signs, stickers, etc., 

using VNAP logo and prominently 

display and utilize as appropriate; 

Conduct biannual VNAP training 

classes and Implement the recently 

adopted ‘‘Fly Friendly Program.’’

FAA disapproved the following Noise 

Abatement measures: When traffic 

volume permits, CRQ ATCT should 

instruct pilots to delay the left turn from 

Runway 24 until aircraft is west of I–5. 

This measure would adversely impact 

the efficiency of navigable airspace at 

CRQ, further deviation from protected 

routes would place IFR aircraft at risk. 

Work with FAA to develop a GPS/ 

RNAV departure procedure to emulate 

the ‘‘Alpha Departure’’ VNAP. This 

measure was disapproved pending 

submission of additional information to 

make an informed decision. The NCP 

did not quantify this measure’s noise 

reduction benefits. 

FAA took no action on the following 

Noise Abatement Measure: Consider 

joining Sound Initiative, A Coalition for 

Quieter Skies. FAA action on this 

measure would conflict with antilobbying restrictions on Federal 

agencies. 

FAA disapproved the following 

Program Management Measures: 

Upgrade GEMS software to ANOMS8 

and upgrade computer hardware as 

necessary to support operations of 

ANOMS8. If eligible for AIP funding, 

hardware should be upgraded at 

existing NMTs and two additional 

NMTs should be installed at CRQ. This 

measure was disapproved for the 

purposes of part 150 with respect to 

Airport Improvement Program funding. 

Section 189 of Public Law 108–176, 

Vision 100-Century of Reauthorization 

Act of 2003 specifically prohibits FAA 

approval of part 150 program measures 

that require AIP funding to mitigate 

aircraft noise outside of DNL (CNEL) 65 

through Fiscally Year 2007; When 

Feasible, CRQ ATCT should encourage 

the use of the VNAP. This measure was 

disapproved because implementation of 

this measure by the ATCT would 

adversely affect air traffic workload and 

efficiency; Conduct the recommended 

workload study. This measure was 

disapproved because it is outside of the 

scope of 14 CFR part 150. 

These determinations are set forth, in 

detail, in the Record of Approval signed 

by the Manager of the Airports Division, 

Western-Pacific Region, on December 5, 

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 offices of the San Diego 

County Public Works Department. The 

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

airports_airtraffic/airports/ 

environmental/airport_noise/part_150/ 

states/. 

Issued in Hawthorne, California on 

December 11, 2006. 

Mark A. McClardy, 

Manager, Airports Division, Western-Pacific 

Region, AWP–600. 

[FR Doc. 06–9740 Filed 12–15–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Noise Exposure Map Notice: Receipt of 

Noise Compatibility Program and 

Request for Review 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

determination that the noise exposure 

maps submitted by Saint Louis County 

for Spirit of St. Louis Airport under the 

provisions of 49 U.S.C. 47501 et. seq 

(Aviation Safety and Noise Abatement 

Act) and 14 CFR Part 150 are in 

compliance with applicable 

requirements. The FAA also announces 

that it is reviewing a proposed noise 

compatibility program that was 

submitted for Spirit of St. Louis Airport 

under Part 150 in conjunction with the 

noise exposure map, and that this 

program will be approved or 

disapproved on or before June 10, 2007 

DATES: The effective date of the FAA’s 

determination on the noise exposure 

maps and of the start of its review of the 

associated noise compatibility program 

is December 12, 2006. The public 

comment period ends February 10, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Mark H. Schenkelberg, 901 Locust, 

Kansas City, MO 64106, 816–329–2645. 

Comments on the proposed noise 

compatibility program should also be 

submitted to the above office. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA finds 

that the noise exposure maps submitted 

for Spirit of St. Louis Airport are in 

compliance with applicable 

requirements of Part 150, effective 

December 12, 2006. Further, FAA is 

reviewing a proposed noise 

compatibility program for that airport 

which will be approved or disapproved 

on or before June 10, 2007. This notice 

also announces the availability of this 

program for public review and 

comment. 

Under 49 U.S.C., section 47503 (the 

Aviation Safety and Noise Abatement 

Act, hereinafter referred to as ‘‘the 

Act’’), an airport operator may submit to 

the FAA noise exposure maps which 

meet applicable regulations and which 

depict non-compatible land uses as of 

the date of submission of such maps, a 

description of projected aircraft 

operations, and the ways in which such 

operations will affect such maps. The 

Act requires such maps to be developed 

in consultation with interested and 

affected parties in the local community, 

government agencies, and persons using 

the airport. 

An airport operator who has 

submitted noise exposure maps that are 

found by FAA to be in compliance with 

the requirements of Federal Aviation 

Regulations (FAR) Part 150, 

promulgated pursuant to the Act, may 

submit a noise compatibility program 

for FAA approval which sets forth the 

measures the operator has taken or 

proposes to take to reduce existing noncompatible uses and prevent the 

introduction of additional noncompatible uses. 

St. Louis County submitted to the 

FAA on November 6, 2006, noise 

exposure maps, descriptions and other 

documentation that were produced 

during the FAR Part 150 Airport Noise 

Compatibility Study. It was requested 

that the FAA review this material as the 

noise exposure maps, as described in 

section 47503 of the Act, and that the 

noise mitigation measures, to be 

implemented jointly by the airport and 

surrounding communities, be approved 

as a noise compatibility program under 

section 47504 of the Act. 

The FAA has completed its review of 

the noise exposure maps and related 

descriptions submitted by St. Louis 

County. The specific documentation 

determined to constitute the noise 

exposure maps includes: 

1. Existing Noise Exposure Map 

(2001). 

2. Future Noise Exposure Map (2009). 

The FAA has determined that these 

maps for Spirit of St. Louis Airport are 

in compliance with applicable 

requirements. This determination is 

effective on December 12, 2006. FAA’s 


jlentini on PROD1PC65 with NOTICES