26182 Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Notices 

11The MSRB received comment on its proposed 

rules that would require underwriters of municipal 

securities to participate in NIIDS. See Comments on 

MSRB Notice 2007–10 (March 5, 2007) at http:// 

www.msrb.org/msrb1/rules/RFC/2007/2007–10/ 

2007–10CommentLetters.asp. 

12Securities Exchange Act Release No. 57131 

(January 11, 2008), 73 FR 3295 (January 17, 2008) 

[SR–MSRB–2007–08]. 

13 15 U.S.C. 78s(b). 

14 15 U.S.C. 78q–1(b)(3)(F). 

15 In approving the proposed rule change, the 

Commission considered the proposal’s impact on 

efficiency, competition, and capital formation. 15 

U.S.C. 78c(f). 

16 15 U.S.C. 78s(b)(2). 

17 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

and hold harmless DTC and its affiliates 

from and against any and all losses, 

damages, liabilities, costs, judgments, 

charges, and expenses arising out of or 

relating to the use of NIIDS. 

Optional Use of NIIDS 

The MSRB would like dealers to be 

able to use NIIDS before requiring them 

to so by rule.11 The MSRB has filed with 

the Commission a proposed rule change 

that ultimately would require 

underwriters to use NIIDS in 2008.12

DTC intends to provide the municipal 

securities industry the opportunity to 

start using NIIDS on May 5, 2008. 

Mandated use of NIIDS for municipal 

securities is expected to commence 

September 2, 2008. DTC believes that 

the municipal securities industry will 

use NIIDS during the period NIIDS is 

optional (‘‘Optional Period’’) in order to 

become accustomed to it. This may 

result in Dissemination Agents 

inputting incomplete or inaccurate 

NIIDS Data Elements while getting 

acquainted with NIIDS. Therefore, no 

one should rely on the accuracy of the 

NIIDS Data Elements during the 

Optional Period but rather should 

continue to also use existing authorized 

sources of such information. 

DTC will not charge a service fee to 

underwriters that input or receive 

information through NIIDS. 

Additionally, DTC will not charge a 

service fee to information vendors that 

receive information through NIIDS for 

further dissemination. DTC will charge 

a connectivity fee to underwriters, 

service providers, and information 

vendors that use NIIDS. 

III. Discussion 

Section 19(b) of the Act directs the 

Commission to approve a proposed rule 

change of a self-regulatory organization 

if it finds that such proposed rule 

change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

such organization.13 Section 

17A(b)(3)(F) of the Act requires that the 

rules of a clearing agency be designed to 

promote the prompt and accurate 

clearance and settlement of securities 

transactions.14 The Commission finds 

that DTC’s rule change implementing 

NIIDS is consistent with this 

requirement because by automating, 

standardizing, and centralizing the 

collection and dissemination of new 

issue information for municipal 

securities NIIDS should make the 

reporting and clearance and settlement 

of trades in municipal securities more 

timely and accurate. As a result, DTC’s 

proposed rule change should promote 

the prompt and accurate clearance and 

settlement of securities transactions.15

The Commission believes there is 

good cause for approving the proposed 

rule change prior to the thirtieth day 

after the date of publication of notice of 

filing because by so approving the 

proposed rule change DTC will be able 

to provide a longer Optional Period for 

users to use and become accustom to 

NIIDS before its use is mandated and 

will allow DTC to implement NIIDS 

according to its system implementation 

schedule. 

IV. Conclusion 

On the basis of the foregoing, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and in 

particular Section 17A of the Act and 

the rules and regulations thereunder. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,16 that the 

proposed rule change (File No. SR–

DTC–2007–10) be and hereby is 

approved on an accelerated basis. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–10213 Filed 5–7–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–57761; File No. SR–

NASDAQ–2008–035] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing of Proposed Rule Change to 

Amend the By-Laws of The NASDAQ 

OMX Group, Inc. in Connection With 

Acquisitions of Boston Stock 

Exchange, Incorporated and 

Philadelphia Stock Exchange, Inc. 

May 1, 2008. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on April 21, 

2008, The NASDAQ Stock Market LLC 

(‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared substantially by Nasdaq. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

The Exchange proposes changes to the 

by-laws of its parent corporation, The 

NASDAQ OMX Group, Inc. (‘‘NASDAQ 

OMX’’). The proposed changes will be 

implemented upon approval by the 

Commission. The text of the proposed 

rule change is available at the 

Exchange’s Web site at http:// 

nasdaq.complinet.com, the Exchange’s 

principal office, and the Commission’s 

Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

On October 2, 2007, The Nasdaq 

Stock Market, Inc. announced that it 

had entered into an agreement with 

Boston Stock Exchange, Incorporated 

(‘‘BSE’’) pursuant to which NASDAQ 

OMX will acquire all of the outstanding 

membership interests in BSE, and BSE 

will be merged with and into Yellow 

Merger Corporation, a Delaware 

corporation and wholly owned 

subsidiary of NASDAQ OMX, with BSE 

surviving the merger (the ‘‘BSE 

Merger’’). As a result of the BSE Merger, 

BSE will become a Delaware stock 

corporation, with 100% of its 

outstanding stock owned by NASDAQ 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Notices 26183 

3The reference to ‘‘clearing systems’’ is new 

language that reflects the acquisition of BSECC and 

SCCP. 

OMX. BSE members will receive cash as 

consideration for their ownership 

interests, and therefore will not retain 

ownership interests in BSE or its 

affiliates. On November 7, 2007, The 

Nasdaq Stock Market, Inc. announced 

that it had entered into an agreement 

with Philadelphia Stock Exchange, Inc. 

(‘‘PHLX’’) pursuant to which NASDAQ 

OMX will acquire all of the outstanding 

capital stock of PHLX, and PHLX will be 

merged with and into Pinnacle Merger 

Corp., a Delaware corporation and 

wholly owned subsidiary of NASDAQ 

OMX, with PHLX surviving the merger 

(the ‘‘PHLX Merger’’, and together with 

the BSE Merger, the ‘‘Mergers’’). 

NASDAQ OMX will operate BSE and 

PHLX as wholly owned subsidiaries, 

with rules, membership rosters, and 

listings that are separate and distinct 

from the rules, membership rosters, and 

listings of the Exchange. By virtue of the 

BSE Merger and the PHLX Merger, 

NASDAQ OMX will also acquire control 

of Boston Stock Exchange Clearing 

Corporation (‘‘BSECC’’) and Stock 

Clearing Corporation of Philadelphia 

(‘‘SCCP’’), each a registered clearing 

agency. 

To reflect its ownership of these four 

self-regulatory organizations (‘‘SROs’’), 

NASDAQ OMX is amending its by-laws 

(‘‘By-Laws’’) to make certain governance 

provisions that are currently applicable 

to the Exchange also applicable to the 

newly acquired SROs. The provisions 

collectively regulate the actions of 

NASDAQ OMX and its directors, 

officers and employees in light of its 

ownership of the SROs. 

First, to assist in the clear drafting of 

the changes, NASDAQ OMX is adopting 

a definition of ‘‘Self-Regulatory 

Subsidiary,’’ which means each of: (i) 

the Exchange; (ii) upon the closing of 

their acquisition by NASDAQ OMX, 

BSE and BSECC; and (iii) upon the 

closing of their acquisition by NASDAQ 

OMX, PHLX and SCPP. Thus, although 

NASDAQ OMX will adopt the 

amendment immediately upon 

Commission approval, provisions of its 

By-Laws that reference the definition of 

Self-Regulatory Subsidiary will expand 

to include the new subsidiaries as each 

Merger closes. Separately, BSE, BSECC, 

PHLX and SCPP are filing proposed rule 

changes to amend their respective 

charters and by-laws to reflect the 

Mergers. The BSE Merger will not close 

until this filing and the filings by BSE 

and BSECC have been approved by the 

Commission, and the PHLX Merger will 

not close until this filing and the filings 

by PHLX and SCPP have been approved 

by the Commission. NASDAQ OMX is 

also amending the definitions of 

‘‘Industry Director,’’ ‘‘Industry 

committee member,’’ ‘‘Non-Industry 

Director,’’ and ‘‘Non-Industry committee 

member’’ to include appropriate 

references to the Self-Regulatory 

Subsidiaries. 

Second, NASDAQ OMX is amending 

Section 11.3 of its By-Laws. This section 

currently provides for review by the 

Exchange’s board of directors of any 

proposed adoption, alteration, 

amendment, change or repeal (an 

‘‘amendment’’) of any By-Law, and 

when required by the Act, the filing of 

such amendments with the Commission 

prior to implementation. NASDAQ 

OMX proposes amending this provision 

to state that any amendment of any ByLaw shall be submitted to the board of 

directors of each Self-Regulatory 

Subsidiary, and if any such proposed 

amendment must, under Section 19 of 

the Act and the rules promulgated 

thereunder, be filed with, or filed with 

and approved by, the Commission 

before such amendment may be 

effective, then such amendment shall 

not be effective until filed with, or filed 

with and approved by, the Commission, 

as the case may be. NASDAQ OMX also 

proposes adopting new Section 12.6 of 

its By-Laws to state that any amendment 

of any provision of the NASDAQ OMX 

Restated Certificate of Incorporation 

(‘‘Certificate’’) shall be submitted to the 

board of directors of each SelfRegulatory Subsidiary, and if any such 

proposed amendment must, under 

Section 19 of the Act and the rules 

promulgated thereunder, be filed with, 

or filed with and approved by, the 

Commission before such amendment 

may be effective, then such amendment 

shall not be filed with the Secretary of 

State of the State of Delaware until filed 

with, or filed with and approved by, the 

Commission, as the case may be. 

Third, NASDAQ OMX proposes 

amending each of the existing 

provisions of Article XII of its By-Laws 

to make them applicable to each of the 

Self-Regulatory Subsidiaries. Thus, 

Section 12.1(a) will provide that for so 

long as NASDAQ OMX shall control any 

Self-Regulatory Subsidiary, the board of 

directors, officers, employees and agents 

of NASDAQ OMX shall give due regard 

to the preservation of the independence 

of the self-regulatory function of each 

such Self-Regulatory Subsidiary and to 

its obligations to investors and the 

general public and shall not take any 

actions that would interfere with the 

effectuation of any decisions by the 

board of directors of any Self-Regulatory 

Subsidiary relating to its regulatory 

functions (including disciplinary 

matters) or the market structures or 

clearing systems 3 which it regulates, or 

that would interfere with the ability of 

any Self-Regulatory Subsidiary to carry 

out its responsibilities under the Act. 

Section 12.1(b) will provide that all 

books and records of each SelfRegulatory Subsidiary reflecting 

confidential information pertaining to 

the self-regulatory function of a SelfRegulatory Subsidiary (including but 

not limited to disciplinary matters, 

trading data, trading practices and audit 

information) which comes into the 

possession of NASDAQ OMX, and the 

information contained in those books 

and records, shall be retained in 

confidence by NASDAQ OMX and 

NASDAQ OMX’s directors, officers, 

employees and agents, and shall not be 

used for any non-regulatory purposes. 

The section will continue to provide 

that the limit on disclosure is not to be 

construed to limit the Commission’s 

access to books and records, and that 

NASDAQ OMX’s books and records 

relating to each Self-Regulatory 

Subsidiary shall be maintained in the 

United States. 

Section 12.1(c) will provide that to 

the extent they are related to the 

activities of a Self-Regulatory 

Subsidiary, NASDAQ OMX’s books, 

records, premises, officers, directors, 

agents, and employees shall be deemed 

to be the books, records, premises, 

officers, directors, agents, and 

employees of that Self-Regulatory 

Subsidiary for the purposes of, and 

subject to oversight pursuant to, the Act. 

Section 12.2 will provide that 

NASDAQ OMX’s officers, directors, 

employees, and agents will be deemed 

to agree to cooperate with the 

Commission and each Self-Regulatory 

Subsidiary in respect of the 

Commission’s oversight responsibilities 

regarding the Self-Regulatory 

Subsidiaries and their self-regulatory 

functions and responsibilities. 

Section 12.3 will provide that 

NASDAQ OMX and its officers, 

directors, employees and agents will be 

deemed to irrevocably submit to the 

jurisdiction of the United States federal 

courts, the Commission, and each SelfRegulatory Subsidiary for the purposes 

of any suit, action or proceeding 

pursuant to the United States federal 

securities laws, and the rules and 

regulations thereunder, arising out of, or 

relating to, the activities of any SelfRegulatory Subsidiary, and will be 

deemed to waive any defenses based on 

lack of personal jurisdiction, subject 

matter jurisdiction, or inconvenient 

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26184 Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Notices 

4 In addition to adding the reference to SelfRegulatory Subsidiaries, the amendment to this 

provision corrects typographical errors. 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(1) and (5). 

venue. NASDAQ OMX and its officers, 

directors, employees and agents also 

agree to maintain an agent in the United 

States for the service of process of a 

claim arising out of, or relating to, the 

activities of each Self-Regulatory 

Subsidiary. 

Section 12.4 will provide that 

NASDAQ OMX will take such action as 

is necessary to insure that its officers, 

directors, employees, and agents 

consent in writing to the applicability of 

Sections 12.1, 12.2, and 12.3 with 

respect to activities related to each SelfRegulatory Subsidiary. 

Section 12.5 will provide that for as 

long as NASDAQ OMX owns any SelfRegulatory Subsidiary, a resolution of 

the Board to approve an exemption for 

any person under Article Fourth, 

Section C.6(b) of the Certificate shall not 

be permitted to become effective until 

the resolution has been filed with and 

approved by the Commission under 

Section 19 of the Act.4 The referenced 

provision of the Certificate provides that 

no NASDAQ OMX stockholder holding 

voting securities in excess of 5% of the 

total outstanding voting securities may 

cast the excess votes, but that the 

NASDAQ OMX Board may approve an 

exemption from this restriction in 

certain very limited circumstances. 

Section 12.5 will also be amended to 

include provisions that describe limits 

on the Board’s authority to approve an 

exemption. Specifically, amended 

Section 12.5 will provide that the Board 

may not approve an exemption under 

Article Fourth, Section C.6(b) of the 

Certificate: (i) For a registered broker or 

dealer or an ‘‘Affiliate’’ thereof (as 

defined in the Certificate) (provided 

that, for these purposes, an Affiliate 

shall not be deemed to include an entity 

that either owns ten percent or less of 

the equity of a broker or dealer, or the 

broker or dealer accounts for one 

percent or less of the gross revenues 

received by the consolidated entity); or 

(ii) an individual or entity that is subject 

to a statutory disqualification under 

Section 3(a)(39) of the Act. The Board 

may approve such an exemption only if 

the Board determines that granting such 

exemption would (A) Not reasonably be 

expected to diminish the quality of, or 

public confidence in, NASDAQ OMX or 

the Self-Regulatory Subsidiaries or the 

other operations of the NASDAQ OMX 

and its subsidiaries, on the ability to 

prevent fraudulent and manipulative 

acts and practices and on investors and 

the public, (B) promote just and 

equitable principles of trade, foster 

cooperation and coordination with 

persons engaged in regulating, clearing, 

settling, processing information with 

respect to and facilitating transactions 

in securities or assist in the removal of 

impediments to or perfection of the 

mechanisms for a free and open market 

and a national market system, and (C) 

would promote the prompt and accurate 

clearance and settlement of securities 

transactions (and to the extent 

applicable, derivative agreements, 

contracts and transactions), would 

assure the safeguarding of securities and 

funds in the custody or control of the 

Self-Regulatory Subsidiaries that are 

clearing agencies or securities and funds 

for which they are responsible, would 

foster cooperation and coordination 

with persons engaged in the clearance 

and settlement of securities 

transactions, and would remove 

impediments to and perfect the 

mechanism of a national system for the 

prompt and accurate clearance and 

settlement of securities transactions. 

Finally, NASDAQ OMX proposes 

adopting new Section 12.7 to its ByLaws, which reflects language currently 

in the Certificate and makes it more 

generally applicable to all SelfRegulatory Subsidiaries. Specifically, 

the provision provides that in light of 

the unique nature of NASDAQ OMX 

and its subsidiaries, including the status 

of the Self-Regulatory Subsidiaries as 

SROs, the NASDAQ OMX Board of 

Directors, when evaluating any issue 

(including, but not limited to certain 

enumerated change of control 

transactions) will take into account all 

factors that the Board of Directors deems 

relevant, including, but not limited to (i) 

The potential impact thereof on the 

integrity, continuity and stability of 

NASDAQ OMX, the Self-Regulatory 

Subsidiaries, and the other operations of 

the NASDAQ OMX and its subsidiaries, 

on the ability to prevent fraudulent and 

manipulative acts and practices and on 

investors and the public, (ii) whether 

the considered action would promote 

just and equitable principles of trade, 

foster cooperation and coordination 

with persons engaged in regulating, 

clearing, settling, processing 

information with respect to and 

facilitating transactions in securities or 

assist in the removal of impediments to 

or perfection of the mechanisms for a 

free and open market and a national 

market system, and (iii) whether the 

considered action would promote the 

prompt and accurate clearance and 

settlement of securities transactions 

(and to the extent applicable, derivative 

agreements, contracts and transactions), 

would assure the safeguarding of 

securities and funds in the custody or 

control of the Self-Regulatory 

Subsidiaries that are clearing agencies 

or securities and funds for which they 

are responsible, would foster 

cooperation and coordination with 

persons engaged in the clearance and 

settlement of securities transactions, 

and would remove impediments to and 

perfect the mechanism of a national 

system for the prompt and accurate 

clearance and settlement of securities 

transactions. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the Act,5

in general, and with Sections 6(b)(1) and 

(b)(5) of the Act,6 in particular, in that 

the proposal enables the Exchange and 

the other Self-Regulatory Subsidiaries to 

be so organized as to have the capacity 

to be able to carry out the purposes of 

the Act and to comply with and enforce 

compliance by its members and persons 

associated with its members with 

provisions of the Act, the rules and 

regulations thereunder, and the 

Exchange’s rules, and is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in regulating, clearing, 

settling, processing information with 

respect to, and facilitating transactions 

in securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange 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, as amended. 

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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Notices 26185 

7 17 CFR 200.30–3(a)(12). 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the Exchange consents, 

the Commission will: 

(A) By order approve such proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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 

Number SR–NASDAQ–2008–035 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 

Number SR–NASDAQ–2008–035. 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, 100 F Street, NE., Washington, 

DC 20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

Copies of the 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 

Number SR–NASDAQ–2008–035 and 

should be submitted on or before May 

29, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–10212 Filed 5–7–08; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6127] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Home 

Delivery: Fabricating the Modern 

Dwelling’’

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Home 

Delivery: Fabricating the Modern 

Dwelling’’, imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to loan 

agreements with the foreign owners or 

custodians. I also determine that the 

exhibition or display of the exhibit 

objects at The Museum of Modern Art, 

New York, New York, from on or about 

July 20, 2008, until on or about October 

20, 2008, and at possible additional 

exhibitions or venues yet to be 

determined, is in the national interest. 

Public Notice of these Determinations is 

ordered to be published in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Wolodymyr 

Sulzynsky, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202/453–8050). The 

address is U.S. Department of State, SA–

44, 301 4th Street, SW., Room 700, 

Washington, DC 20547–0001. 

Dated: May 1, 2008. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. E8–10261 Filed 5–7–08; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Approval of Finding of No 

Significant Impact (FONSI) on a Short 

Form Environmental Assessment (EA); 

Chicago/Rockford International 

Airport, Rockford, IL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of approval of 

documents. 

SUMMARY: The Federal Aviation 

Administration (FAA) is issuing this 

notice to advise the public of the 

approval of a Finding of No Significant 

Impact (FONSI) on an Environmental 

Assessment for proposed Federal 

actions at Chicago/Rockford 

International Airport, Rockford, Illinois. 

The FONSI specifies that the proposed 

federal actions and local development 

projects are consistent with existing 

environmental policies and objectives as 

set forth in the National Environmental 

Policy Act of 1969 and will not 

significantly affect the quality of the 

environment. 

A description of the proposed Federal 

actions is: (a) To issue an environmental 

finding to allow approval of the Airport 

Layout Plan (ALP) for the development 

items listed below. 

The items in the local airport 

development project are to: (1) Secure 

fill material for air cargo development; 

(2) Construct air cargo development 

including two buildings and apron area 

that would provide a total of 

approximately 184,000 square feet of 

interior space, approximately 693,000 

square feet of apron for taxiing and 

parking of up to five widebody aircraft, 

automobile/truck parking and access, 

and airport service roads, including 

grading, drainage, sanitary, electrical, 

and lighting, as necessary; (3) Construct 

approximately 5,350 linear feet of 

sanitary sewer, approximately 1,900 

linear feet of storm sewer, lift station 

with a 2.16 million gallon per day 

capacity and combination and diversion 

flow structures for the collection and 

treatment of deicing fluids associated 

with commercial operations; (4) Obtain 

Airport Layout Plan approval for this 

proposed project development; and (5) 

mstockstill on PROD1PC66 with NOTICES