22376 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices 

12 15 U.S.C. 78s(b)(2). 13 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 email to rulecomments@sec.gov. Please include File 

Number SR–FINRA–2011–075 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–FINRA–2011–075. This file 

number should be included on the 

subject line if email 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 Web site viewing and 

printing 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 such filing 

also will be available for inspection and 

copying at the principal office of 

FINRA. 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–FINRA–2011–075 and 

should be submitted on or before May 

4, 2012. 

VII. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,12 that the 

proposed rule change (SR–FINRA– 

2011–075), as modified by Amendment 

No. 1, be, and hereby is, approved on an 

accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–8880 Filed 4–12–12; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7845] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Ellsworth Kelly: Plant Drawings’’ 

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, and Delegation of 

Authority No. 236–3 of August 28, 2000, 

I hereby determine that the object to be 

included in the exhibition ‘‘Ellsworth 

Kelly: Plant Drawings,’’ imported from 

abroad for temporary exhibition within 

the United States, is of cultural 

significance. The object is imported 

pursuant to a loan agreement with the 

foreign owners or custodians. I also 

determine that the exhibition or display 

of the exhibit object at The Metropolitan 

Museum of Art, New York, New York 

from on or about June 5, 2012, until on 

or about September 3, 2012, and at 

possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. I have ordered that 

Public Notice of these Determinations 

be published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Ona M. 

Hahs, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202–632–6473). The mailing 

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

5, L/PD, Fifth Floor (Suite 5H03), 

Washington, DC 20522–0505. 

Dated: April 9, 2012. 

Ann Stock, 

Assistant Secretary, Bureau of Educational 

and Cultural Affairs, Department of State. 

[FR Doc. 2012–8925 Filed 4–12–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2012–0233] 

Airport Improvement Program (AIP) 

Grant Assurances 

AGENCY: Federal Aviation 

Administration (FAA). 

ACTION: Notice of modification of 

Airport Improvement Program grant 

assurances; opportunity to comment. 

SUMMARY: On February 14, 2012, the 

FAA Modernization and Reform Act of 

2012 was signed into law (Pub. L. 112– 

95). Provisions contained in this law 

necessitate modifications to five grant 

assurances. 

DATES: The effective date the 

modifications to the grant assurances is 

April 13, 2012. The FAA will consider 

comments on the modifications to the 

grant assurances. If necessary, any 

appropriate revisions resulting from the 

comments received will be adopted as 

of the date of a subsequent publication 

in the Federal Register. Comments must 

be submitted on or before May 14, 2012. 

ADDRESSES: You may send comments 

[identified by Docket Number FAA– 

2012–0233] using any of the following 

methods: 

• Government-wide rulemaking web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

• Fax: 1–202–493–2251. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Frank San Martin, Manager, Airports 

Financial Assistance, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591, 

telephone (202) 267–3831; facsimile: 

(202) 267–5302. 

Authority for Grant Assurance 

Modifications 

This notice is published under the 

authority described in Subtitle VII, Part 

B, Chapter 471, Sections 47107 and 

47122 of Title 49 United States Code. 

SUPPLEMENTARY INFORMATION: A sponsor 

(applicant) seeking financial assistance 


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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices 22377 

for airport planning, airport 

development, noise compatibility 

planning or noise mitigation under 49 

U.S.C., as amended must agree to 

comply with certain assurances. These 

assurances are submitted as part of a 

sponsor’s application for federal 

assistance and are incorporated into all 

grant agreements. As need dictates, 

these assurances are modified to reflect 

new federal requirements. Notice of 

such modifications is published in the 

Federal Register, and an opportunity for 

public comment is provided. 

The assurances, prior to the FAA 

Modernization and Reform Act of 2012 

(Pub. L. 112–95), were published on 

February 3, 1988, at 53 FR 3104 and 

amended on September 6, 1988, at 53 

FR 34361; on August 29, 1989, at 54 FR 

35748; on June 10, 1994 at 59 FR 30076; 

on January 4, 1995, at 60 FR 521; on 

June 2, 1997, at 62 FR 29761; on August 

18, 1999, at 64 FR 45008; on March 29, 

2005 at 70 FR 15980; and on March 18, 

2011, at 76 FR 15028. 

A complete list of the current grant 

assurances can be viewed at: http:// 

www.faa.gov/airports/aip/ 

grant_assurances/ 

Discussion of Grant Assurance 

Modifications 

The FAA is modifying five grant 

assurances to conform with the FAA 

Modernization and Reform Act of 2012 

(Pub. L. 112–95) (hereinafter ‘‘FMRA’’ 

or ‘‘the Act’’). The FAA will implement 

these modified grant assurances upon 

publication of this notice to expedite 

processing fiscal year 2012 grants under 

the Airport Improvement Program. The 

FAA will accept public comments 

concerning these modified grant 

assurances for 30 days. If necessary, in 

response to comments received, the 

FAA will also adopt any appropriate 

revisions to these grant assurance 

modifications. 

Through-the-Fence Arrangements 

Section 136 of the FMRA amends the 

statutory conditions for project grant 

approval to permit sponsors of general 

aviation airports to enter into residential 

through-the-fence arrangements. The 

FAA is amending paragraph (g) of 

Sponsor Assurance 5, Preserving Rights 

and Powers, to conform to this change 

in the law. Additionally, the FAA is 

amending paragraph (a) of Sponsor 

Assurance 29, Airport Layout Plan, to 

require that all proposed and existing 

access points used to taxi aircraft across 

the airport property’s boundary be 

depicted on the airport layout plan 

(ALP). This includes all residential and 

commercial through-the-fence access 

points at both general aviation and 

commercial service airports. ALP 

depiction of existing access points can 

be made through pen-and-ink changes. 

ALP depiction of residential throughthe-fence access points at general 

aviation airports will facilitate the 

FAA’s ability to enforce the 

requirements included in Section 136. 

Use of Airport Revenues 

Sections 149 and 813 of the Act 

modify the statutory grant assurances on 

use of airport revenue to add two new 

exceptions. The FAA is revising 

Sponsor Assurance 25 to incorporate 

these new statutory exceptions relating 

to use of proceeds from the sale of an 

airport and use of revenues derived or 

generated by mineral extraction. To 

make this assurance easier to 

understand, the FAA reorganized 

paragraph (a) of Sponsor Assurance 25 

by taking the grandfathering exception 

set forth at the end of paragraph (a) and 

making it a new subparagraph (a)(1). 

The two new statutory exceptions are 

then stated verbatim as separate new 

subparagraphs (a)(2) and (3). 

Veteran’s Preference 

Section 139 expands the statutory 

grant assurance regarding veteran’s 

preference to include Persian Gulf 

veterans, Afghanistan-Iraq war veterans, 

and small business concerns owned and 

controlled by disabled veterans. FAA 

has revised Sponsor Assurance 15, 

Veteran’s Preference, to include these 

changes verbatim. 

Costs of Relocating or Replacing 

Sponsor-Owned Property 

Sections 135(a) and 138(c) of the 

FMRA revise the statutory grant 

assurance relating to airport layout 

plans to provide that a sponsor does not 

have to bear all costs of relocating 

property or its replacement and of 

restoring the property or its replacement 

to the level that existed before the 

alteration was made in certain 

circumstances. The FAA has added this 

exception to paragraph (b) of Sponsor 

Assurance 29, Airport Layout Plan, to 

incorporate this statutory change. 

Disposal of Land 

Section 135(b) of the Act makes 

several changes to the statutory 

assurances regarding disposal of land 

relating to noise buffers and leasing of 

land for noise compatibility purposes 

and preferences for reinvesting or 

transferring proceeds from disposal of 

land. These changes have been included 

in paragraphs (a) and (b) of Sponsor 

Assurance 31, Disposal of Land. 

In consideration of the above, the 

FAA makes the following changes: 

C. Sponsor Certification. The sponsor 

hereby assures and certifies, with respect to 

this grant that: 

* * * * * 

5. Preserving Rights and Powers. 

* * * * * 

g. Sponsors of commercial service airports 

will not permit or enter into any arrangement 

that results in permission for the owner or 

tenant of a property used as a residence, or 

zoned for residential use, to taxi an aircraft 

between that property and any location on 

airport. Sponsors of general aviation airports 

entering into any arrangement that results in 

permission for the owner of residential real 

property adjacent to or near the airport must 

comply with the requirements of Sec. 136 of 

Public Law 112–95 and the sponsor 

assurances. 

* * * * * 

15. Veteran’s Preference. It shall include in 

all contracts for work on any project funded 

under this grant agreement which involve 

labor, such provisions as are necessary to 

insure that, in the employment of labor 

(except in executive, administrative, and 

supervisory positions), preference shall be 

given to Vietnam era veterans, Persian Gulf 

veterans, Afghanistan-Iraq war veterans, 

disabled veterans, and small business 

concerns owned and controlled by disabled 

veterans as defined in Section 47112 of Title 

49, United States Code. However, this 

preference shall apply only where the 

individuals are available and qualified to 

perform the work to which the employment 

relates. 

* * * * * 

25. Airport Revenues. 

a. All revenues generated by the airport 

and any local taxes on aviation fuel 

established after December 30, 1987, will be 

expended by it for the capital or operating 

costs of the airport; the local airport system; 

or other local facilities which are owned or 

operated by the owner or operator of the 

airport and which are directly and 

substantially related to the actual air 

transportation of passengers or property; or 

for noise mitigation purposes on or off the 

airport. The following exceptions apply to 

this paragraph: 

(1) If covenants or assurances in debt 

obligations issued before September 3, 1982, 

by the owner or operator of the airport, or 

provisions enacted before September 3, 1982, 

in governing statutes controlling the owner or 

operator’s financing, provide for the use of 

the revenues from any of the airport owner 

or operator’s facilities, including the airport, 

to support not only the airport but also the 

airport owner or operator’s general debt 

obligations or other facilities, then this 

limitation on the use of all revenues 

generated by the airport (and, in the case of 

a public airport, local taxes on aviation fuel) 

shall not apply. 

(2) If the Secretary approves the sale of a 

privately owned airport to a public sponsor 

and provides funding for any portion of the 

public sponsor’s acquisition of land, this 

limitation on the use of all revenues 

generated by the sale shall not apply to 


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certain proceeds from the sale. This is 

conditioned on repayment to the Secretary by 

the private owner of an amount equal to the 

remaining unamortized portion (amortized 

over a 20-year period) of any airport 

improvement grant made to the private 

owner for any purpose other than land 

acquisition on or after October 1, 1996, plus 

an amount equal to the federal share of the 

current fair market value of any land 

acquired with an airport improvement grant 

made to that airport on or after October 1, 

1996. 

(3) Certain revenue derived from or 

generated by mineral extraction, production, 

lease, or other means at a general aviation 

airport (as defined at Section 47102 of title 

49 United States Code), if the FAA 

determines the airport sponsor meets the 

requirements set forth in Sec. 813 of Public 

Law 112–95. 

* * * * * 

29. Airport Layout Plan. 

a. It will keep up to date at all times an 

airport layout plan of the airport showing (1) 

boundaries of the airport and all proposed 

additions thereto, together with the 

boundaries of all offsite areas owned or 

controlled by the sponsor for airport 

purposes and proposed additions thereto; (2) 

the location and nature of all existing and 

proposed airport facilities and structures 

(such as runways, taxiways, aprons, terminal 

buildings, hangars, and roads), including all 

proposed extensions and reductions of 

existing airport facilities; (3) the location of 

all existing and proposed nonaviation areas 

and of all existing improvements thereon; 

and (4) all proposed and existing access 

points used to taxi aircraft across the airport’s 

property boundary. Such airport layout plans 

and each amendment, revision, or 

modification thereof, shall be subject to the 

approval of the Secretary which approval 

shall be evidenced by the signature of a duly 

authorized representative of the Secretary on 

the face of the airport layout plan. The 

sponsor will not make or permit any changes 

or alterations in the airport or any of its 

facilities which are not in conformity with 

the airport layout plan as approved by the 

Secretary and which might, in the opinion of 

the Secretary, adversely affect the safety, 

utility, or efficiency of the airport. 

b. If a change or alteration in the airport 

or the facilities is made which the Secretary 

determines adversely affects the safety, 

utility, or efficiency of any federally owned, 

leased, or funded property on or off the 

airport and which is not in conformity with 

the airport layout plan as approved by the 

Secretary, the owner or operator will, if 

requested, by the Secretary (1) eliminate such 

adverse effect in a manner approved by the 

Secretary; or (2) bear all costs of relocating 

such property (or replacement thereof) to a 

site acceptable to the Secretary and all costs 

of restoring such property (or replacement 

thereof) to the level of safety, utility, 

efficiency, and cost of operation existing 

before the unapproved change in the airport 

or its facilities except in the case of a 

relocation or replacement of an existing 

airport facility due to a change in the 

Secretary’s design standards beyond the 

control of the airport sponsor. 

* * * * * 

31. Disposal of Land. 

a. For land purchased under a grant for 

airport noise compatibility purposes, 

including land serving as a noise buffer, it 

will dispose of the land, when the land is no 

longer needed for such purposes, at fair 

market value, at the earliest practicable time. 

That portion of the proceeds of such 

disposition which is proportionate to the 

United States’ share of acquisition of such 

land will be, at the discretion of the 

Secretary, (1) reinvested in another project at 

the airport, or (2) transferred to another 

eligible airport as prescribed by the 

Secretary. The Secretary shall give preference 

to the following, in descending order, (1) 

reinvestment in an approved noise 

compatibility project, (2) reinvestment in an 

approved project that is eligible for grant 

funding under Section 47117(e) of title 49 

United States Code, (3) reinvestment in an 

approved airport development project that is 

eligible for grant funding under Sections 

47114, 47115, or 47117 of title 49 United 

States Code, (4) transferred to an eligible 

sponsor of another public airport to be 

reinvested in an approved noise 

compatibility project at that airport, and (5) 

paid to the Secretary for deposit in the 

Airport and Airway Trust Fund. If land 

acquired under a grant for noise 

compatibility purposes is leased at fair 

market value and consistent with noise 

buffering purposes, the lease will not be 

considered a disposal of the land. Revenues 

derived from such a lease may be used for 

an approved airport development project that 

would otherwise be eligible for grant funding 

or any permitted use of airport revenue. 

b. For land purchased under a grant for 

airport development purposes (other than 

noise compatibility), it will, when the land 

is no longer needed for airport purposes, 

dispose of such land at fair market value or 

make available to the Secretary an amount 

equal to the United States’ proportionate 

share of the fair market value of the land. 

That portion of the proceeds of such 

disposition which is proportionate to the 

United States’ share of the cost of acquisition 

of such land will, (1) upon application to the 

Secretary, be reinvested or transferred to 

another eligible airport as prescribed by the 

Secretary. The Secretary shall give preference 

to the following, in descending order: (1) 

Reinvestment in an approved noise 

compatibility project, (2) reinvestment in an 

approved project that is eligible for grant 

funding under Section 47117(e) of title 49 

United States Code, (3) reinvestment in an 

approved airport development project that is 

eligible for grant funding under Sections 

47114, 47115, or 47117 of title 49 United 

States Code, (4) transferred to an eligible 

sponsor of another public airport to be 

reinvested in an approved noise 

compatibility project at that airport, and (5) 

paid to the Secretary for deposit in the 

Airport and Airway Trust Fund. 

* * * * * 

Issued in Washington, DC on April 10, 

2012. 

Benito De Leon, 

Director, Office of Airport Planning and 

Programming. 

[FR Doc. 2012–8961 Filed 4–12–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Noise Exposure Map Notice; Lafayette 

Regional Airport, Lafayette, LA 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

determination that the noise exposure 

maps submitted by Lafayette Airport 

Commission for Lafayette Regional 

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. 

DATES: Effective Date: The effective date 

of the FAA’s determination on the noise 

exposure maps is April 3, 2012. 

FOR FURTHER INFORMATION CONTACT: 

DOT/FAA Southwest Region, Tim 

Tandy, Environmental Resources 

Specialist, ASW–640D, 2601 Meacham 

Boulevard, Fort Worth, Texas 76137. 

Telephone (817) 222–5644. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA finds 

that the noise exposure maps submitted 

for Lafayette Regional Airport are in 

compliance with applicable 

requirements of Part 150, effective April 

3, 2012. Under 49 U.S.C. section 47503 

of 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 


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