Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 19577 

33 In addition, NYSE Arca Equities Rule 7.34 sets 

forth trading halt procedures when the Exchange 

trades ETFs pursuant to UTP. 

34See e.g., Securities Exchange Act Release No. 

54997 (December 21, 2006), 71 FR 78501 (December 

29, 2006) (SR–NYSEArca–2006–77). 

35See supra note 27. 

36 15 U.S.C. 78s(b)(2). 

37 Id. 

38 17 CFR 200.30–3(a)(12). 

NYSE Arca may trade such ETF during 

the Opening Session without an IIV 

being updated, as long as the last official 

calculated IIV remains available. 

Although the IIV is not calculated 

during the Late Trading Session, the last 

official calculated IIV must also remain 

available during such session. The 

Commission believes that the proposed 

rules regarding the dissemination of the 

index value and the IIV are reasonably 

designed to promote transparency in the 

pricing of ETFs and thus are consistent 

with the Exchange Act. 

Similarly, the Exchange’s trading halt 

rules are reasonably designed to prevent 

trading in an ETF when transparency 

cannot be assured. Proposed NYSE Arca 

Equities Rule 5.5(g)(2)(b) provides that, 

when the Exchange is the listing market, 

if the IIV or index value applicable to an 

ETF is not disseminated as required, the 

Exchange may halt trading during the 

day in which the interruption occurs. If 

the interruption continues, the 

Exchange will halt trading no later than 

the beginning of the next trading day.33

This proposed rule is substantially 

similar to those recently adopted by 

other exchanges and found by the 

Commission to be consistent with the 

Exchange Act.34

In approving this proposal, the 

Commission relied on NYSE Arca’s 

representation that its surveillance 

procedures are adequate to properly 

monitor the trading of the Units and 

PDRs listed pursuant to the proposed 

new listing standards or traded on a 

UTP basis. This approval is conditioned 

on the continuing accuracy of that 

representation. 

Acceleration 

The Commission finds good cause for 

approving the proposed rule change, as 

amended, prior to the 30th day after the 

date of publication of the notice of the 

amended proposal in the Federal 

Register. The Commission notes that 

NYSE Arca’s proposal is substantially 

similar to other proposals that have 

been approved by the Commission.35

The Commission does not believe that 

NYSE Arca’s proposal raises any novel 

regulatory issues and, therefore, that 

good cause exists for approving the 

filing before the conclusion of a noticeand-comment period. Accelerated 

approval of the proposal will expedite 

the listing and trading of additional 

ETFs by the Exchange, subject to 

consistent and reasonable standards. 

Therefore, the Commission finds good 

cause, consistent with Section 19(b)(2) 

of the Exchange Act,36 to approve the 

proposed rule change, as amended, on 

an accelerated basis. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Exchange Act,37

that the proposed rule change (SR–

NYSEArca–2006–86), as amended, be, 

and it hereby is, approved on an 

accelerated basis. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.38

Nancy M. Morris, 

Secretary. 

[FR Doc. E7–7324 Filed 4–17–07; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Public Federal Regulatory 

Enforcement Fairness Hearing; Region 

I Regulatory Fairness Board 

The U.S. Small Business 

Administration (SBA) Region I 

Regulatory Fairness Board and the SBA 

Office of the National Ombudsman will 

hold a National Regulatory Fairness 

Hearing on Tuesday, May 1, 2007, at 1 

p.m. The forum will take place at the 

Rhode Island Convention Center, 1 

Sabin Street, Room 558, Providence, RI 

02903. The purpose of the meeting is for 

Business Organizations, Trade 

Associations, Chambers of Commerce 

and related organizations serving small 

business concerns to report experiences 

regarding unfair or excessive Federal 

regulatory enforcement issues affecting 

their members. 

Anyone wishing to attend or to make 

a presentation must contact Norm 

Deragon, in writing or by fax in order to 

be placed on the agenda. Norm Deragon, 

Public Information Officer, SBA, 

Providence District Office, 380 

Westminster Street, Room 511, 

Providence, RI 02903, phone (401) 528–

4561, Ext. 4576 and fax (401) 528–4539, 

e-mail: Norm.deragon@sba.gov. 

For more information, see our Web 

site at http://www.sba.gov/ombudsman. 

Matthew Teague, 

Committee Management Officer. 

[FR Doc. E7–7363 Filed 4–17–07; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

FAA Approval of Noise Compatibility 

Program 14 CFR Part 150; Spirit of St. 

Louis Airport, Chesterfield, MO 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the noise compatibility 

program submitted by St. Louis County 

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 December 12, 2006, 

the FAA determined that the noise 

exposure maps submitted by St. Louis 

County under Part 150 were in 

compliance with applicable 

requirements. On April 6, 2007, the 

FAA approved the Spirit of St. Louis 

Airport noise compatibility program. All 

but one of the recommendations of the 

program was approved. 

DATES: Effective date: The effective date 

of the FAA’s approval of the Spirit of St. 

Louis Airport noise compatibility 

program is April 6, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mark Schenkelberg, 901 Locust, Kansas 

City, Missouri, 816–329–2645. 

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 Spirit of St. 

Louis Airport, effective April 6, 2007. 

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 


pwalker on PROD1PC71 with NOTICES
19578 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 

proprietor with respect to which 

measures 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; 

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 of 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 power 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 Regional Office in 

Kansas City, Missouri. 

St. Louis County submitted to the 

FAA on November 2, 2006, the noise 

exposure maps, descriptions, and other 

documentation produced during the 

noise compatibility planning study 

conducted from 2002 through 2006. The 

Spirit of St. Louis Airport noise 

exposure maps were determined by 

FAA to be in compliance with 

applicable requirements on December 

12, 2006. Notice of this determination 

was published in the Federal Register, 

Vol. 71, No. 242, on December 18, 2006. 

The Spirit of St. Louis Airport study 

contains a proposed noise compatibility 

program comprised of actions designed 

for phased implementation by airport 

management and adjacent jurisdictions 

from 2006 to the year 2011. It was 

requested that the FAA evaluate and 

approve this material as a noise 

compatibility program as described in 

section 47504 of the Act. The FAA 

began its review of the program on 

December 12, 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 

thirteen proposed actions for noise 

mitigation 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, therefore, was 

approved by the FAA effective April 6, 

2007. 

Outright approval was granted for 

twelve of the specific program elements. 

The extension of the north runway was 

disapproved for lack of noise benefit to 

noncompatible land uses exposed to 

noise levels of DNL 65 dBA. 

These determinations are set forth in 

detail in a Record of Approval signed by 

the Central Region Airports Division 

Manager on April 6, 2007. 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 St. 

Louis County. The Record of Approval 

also will be available on-line at http:// 

www.faa.gov/arp/environmental/ 

14cfr150/index14.cfm. 

Issued in Central Region April 10, 2007. 

George A. Hendon, 

Central Region Airports Division Manager. 

[FR Doc. 07–1906 Filed 4–17–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Virginia 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by 

FHWA. 

SUMMARY: This notice announces actions 

taken by the FHWA that are final within 

the meaning of 23 U.S.C. 139(l)(1). The 

actions relate to a proposed highway 

project, Interstate 73 between Interstate 

81 near the City of Roanoke and the 

Virginia/North Carolina State line south 

of the Town of Martinsville, in Roanoke, 

Franklin, and Henry Counties and the 

City of Roanoke, State of Virginia. Those 

actions grant approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). A 

claim seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before October 15, 2007. 

If the Federal law that authorizes 

judicial review of a claim provides a 

time period of less than 180 days for 

filing such claim, then that shorter time 

period still applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward S. Sundra, Senior Street, 

Richmond, Virginia, 23219–4725 

telephone: (804) 775–3338; e-mail: 

Ed.Sundra@dot.gov. The FHWA 

Virginia Division Office’s normal 

business hours are 7 a.m. to 5 p.m. 

(eastern time). You may also contact Mr. 

Bruce McAuliffe, Engineering Programs 

Supervisor, Virginia Department of 

Transportation, 1401 East Broad Street, 

Richmond, Virginia 23219; telephone 

(804) 786–6757; e-mail: Bruce. 

McAuliffe@vdot.virginia.gov 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA has taken 

final agency actions by issuing 

approvals for the following highway 

project in the State of Virginia: Interstate 

73, between Interstate 81 near the City 

of Roanoke and the Virginia/North 

Carolina State line south of the Town of 

Martinsville, in Roanoke, Franklin, and 

Henry Counties and the City of 

Roanoke. The project covered by this 

notice will be approximately 116 km (72 

mi) long and consists of improvements 

to existing Interstate 581 and U.S. Route 

220 for approximately 9.7 k (6 mi) and 

construction on new location for 

approximately 106.3 km (66 mi). The 

project is part of the Interstate 73 high 

priority corridor that runs from 

Michigan to South Carolina, which was 

established by the U.S. Congress in 1991 

with the passage of the Inter-modal 

Surface Transportation Efficiency Act. 

The actions by the Federal agencies, and 

the laws under which such actions were 

taken, are described in the Final 

environmental Impact Statement (FEIS) 


pwalker on PROD1PC71 with NOTICES