Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Notices 15215

13 15 U.S.C. § 78f(b)(5) (1988).

14 15 U.S.C. § 78s(b)(2) (1988).

15 17 CFR 200.30–3(a)(12) (1996).

Act and the rules and regulations

promulgated thereunder. Specifically,

the Commission finds that the proposed

rule change is consistent with Section

6(b)(5) 13 which requires that the CBOE’s

rules be designed, among other things,

to promote just and equitable principles

of trade. The Commission believes that

by adding interpretive language to

CBOE Rule 30.20, CBOE effectively

clarifies the exemption of S&P 500

Index Bear Market Warrants from the

requirements of Exchange Act Rule 10a–

1 regarding short sales and the

exemption from application of Rule

30.20(b). The Commission believes that

the interpretation to Rule 30.20

appropriately reflects the exemption

and conditions thereto as set forth in the

No-Action Letter issued by the

Commission, and that the proposed rule

change does not raise any regulatory

concerns because, as noted above, the

Commission has previously exempted

such short sales. The Commission notes

that the Warrants will be exempt from

the requirements of CBOE Rule 30.20(b)

so long as the Commission’s exemption

remains in effect.

The Commission finds good cause for

approving the proposed rule change

prior to the thirtieth day after the date

of publication of notice of filing in the

Federal Register because the proposal

accurately codifies the position

previously taken by the Commission in

the Warrant No-Action Letter.

Accordingly, the Commission believes it

is consistent with Sections 6(b)(5) and

19(b)(2) of the Act to approve the

proposed rule change on an accelerated

basis.

V. Solicitation of Comments

Interested persons are invited to

submit written data, views, and

arguments concerning the foregoing.

Persons making written submissions

should file six copies thereof with the

Secretary, Securities and Exchange

Commission, 450 Fifth Street N.W.,

Washington, D.C. 20549. 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

Section, 450 Fifth Street N.W.,

Washington, D.C. 20549. Copies of such

filing will also be available for

inspection and copying at the principal

office of CBOE. All submissions should

refer to File No. SR–CBOE–97–13 and

should be submitted by April 21, 1997.

Conclusion

For the reasons discussed above, the

Commission finds that the proposed

rule change is consistent with the Act,

and in particular with Section 6 of the

Act.

It is therefore ordered, pursuant to

Section 19(b)(2) of the Act 14 that the

proposed rule change (SR–CBOE–97–

13) is hereby approved.

For the Commission by the Division of

Market Regulation, pursuant to delegated

authority.15

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–8074 Filed 3–28–97; 8:45 am]

BILLING CODE 8010–01–M

DEPARTMENT OF TRANSPORTATION

Notice of Applications for Certificates

of Public Convenience and Necessity

and Foreign Air Carrier Permits Filed

Under Subpart Q During the Week

Ending March 21, 1997

The following Applications for

Certificates of Public Convenience and

Necessity and Foreign Air Carrier

Permits were filed under Subpart Q of

the Department of Transportation’s

Procedural Regulations (See 14 CFR

302.1701 et seq.). The due date for

Answers, Conforming Applications, or

Motions to modify Scope are set forth

below for each application. Following

the Answer period DOT may process the

application by expedited procedures.

Such procedures may consist of the

adoption of a show-cause, a tentative

order, or in appropriate cases a final

order without further proceedings.

Docket Number: OST–97–2253.

Date Filed: March 21, 1997.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: April 18, 1997.

Description

Application of Thai Airways

International Public Company Limited,

pursuant to 49 U.S.C. Section 41302,

and Subpart Q of the Regulations,

applies for an amendment of its foreign

air carrier permit to engage in the

scheduled foreign air transportation of

persons, property and mail in a manner

described in the Agreement and the

MOU as follows, with any omissions or

inconsistencies to be resolved in favor

of encompassing the maximum

authority permitted under the

Agreement and MOU;

A. With respect to scheduled

combination foreign air transportation

in both directions between points on the

following routes:

(i) From Thailand via intermediate

points to 8 points in the United States

plus an additional 10 points in the

United States for code share services

only and beyond to Canada, Mexico,

and a total of three additional points in

Central and South America. All points

in the United States and the three

unnamed beyond points are to be

selected by Thailand, and may be

changed by Thailand upon 60 days’

prior notice to the United States.

(ii) From Thailand via intermediate

points across the Pacific to Hawaii,

Guam, the Commonwealth of the

Northern Mariana Islands and American

Samoa and beyond.

B. With respect to scheduled all-cargo

foreign air transportation in both

directions between points on the

following route:

(i) From Thailand via intermediate

points to a point or points in the United

States and beyond.

Docket Number: OST–97–2255.

Date Filed: March 21, 1997.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: April 18, 1997.

Description

Application of Custom Air Transport,

Inc., pursuant to 49 U.S.C. Section

41102 and Subpart Q of the Regulations,

applies for the issuance of a certificate

of public convenience and necessity so

as to authorize CAT to operate charter

passenger services in interstate air

transportation.

Docket Number: OST–97–2256.

Date Filed: March 21, 1997.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: April 18, 1997.

Description

Application of Custom Air Transport,

Inc., pursuant to 49 U.S.C. Section

41102, and Subpart Q of the

Regulations, applies for the issuance of

a certificate of public convenience and

necessity so as to authorize CAT to

operate charter passenger services in

foreign air transportation.

Docket Number: OST–97–2257.

Date Filed: March 21, 1997.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: April 18, 1997.
15216 Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Notices

Description

Application of Trans Continental

Airlines, Inc., pursuant to 49 U.S.C.

Section 41109(b) and Subpart Q of the

Regulations, requests an amendment of

its certificate of public convenience and

necessity issued by Order 94–8–11 to

remove the condition limiting its

scheduled air transportation of property

and mail, and that its certificate be

reissued accordingly.

Paulette V. Twine,

Chief, Documentary Services.

[FR Doc. 97–7998 Filed 3–28–97; 8:45 am]

BILLING CODE 4910–62–P

Federal Aviation Administration

Noise Exposure Map Notice, Duluth

International Airport, Duluth, MN

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice.

SUMMARY: The Federal Aviation

Administration (FAA) announces its

determination that the noise exposure

maps (NEM) submitted by Duluth

Airport Authority for Duluth

International Airport under the

provisions of Title I of the Aviation

Safety and Noise Abatement Act of 1979

(Public Law 96–193) and 14 CFR Part

150 are in compliance with applicable

requirements.

EFFECTIVE DATE: The effective date of the

FAA’s determination on the noise

exposure maps is February 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Daniel J. Millenacker, Project Manager,

Federal Aviation Administration,

Airports District Office, 6020 28th Ave.

So., Room No. 102, Minneapolis, MN

55450–2706, (612) 713–4350.

SUPPLEMENTARY INFORMATION: This

notice announces that the FAA finds

that the noise exposure maps submitted

for Duluth International Airport are in

compliance with applicable

requirements of Part 150, effective

February 26, 1997.

Under Section 103 of the Aviation

Safety and Noise Abatement Act of 1979

(hereafter referred to as ‘‘the Act’’), an

airport operator may submit to the FAA

noise exposure maps which meet

applicable regulations and which depict

noncompatible 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 Title I of the

Act, may submit a noise compatibility

program for FAA approval which sets

forth the measures the operator has

taken or proposes for the reduction of

existing, noncompatible uses and for the

prevention of the introduction of

additional noncompatible uses.

The FAA has completed its review of

the noise exposure maps and related

descriptions submitted by Duluth

Airport Authority. The specific maps

under consideration are Figure 10a.—

1996 Revised Existing Noise Contours,

and Figure 10c.—2001 Revised Future

Cast Contours in the NEM submittal

dated December 18, 1996. The FAA has

determined that these maps for Duluth

International Airport are in compliance

with applicable requirements. This

determination is effective on February

26, 1997. FAA’s determination on an

airport operator’s noise exposure maps

is limited to a finding that the maps

were developed in accordance with the

procedures contained in appendix A of

FAR Part 150. Such determination does

not constitute approval of the

applicant’s data, information or plans,

or a commitment to approve a noise

compatibility program or to fund the

implementation of that program.

If questions arise concerning the

precise relationship of specific

properties to noise exposure contours

depicted on a noise exposure map

submitted under section 103 of the Act,

it should be noted that the FAA is not

involved in any way in determining the

relative locations of specific properties

with regard to the depicted noise

contours, or in interpreting the noise

exposure maps to resolve questions

concerning, for example, which

properties should be covered by the

provisions of section 107 of the Act.

These functions are inseparable from

the ultimate land use control and

planning responsibilities of local

government. These local responsibilities

are not changed in any way under Part

150 or through FAA’s review of noise

exposure maps. Therefore, the

responsibility for the detailed

overlaying of noise exposure contours

onto the map depicting properties on

the surface rests exclusively with the

airport operator which submitted those

maps, or with those public agencies and

planning agencies with which

consultation is required under section

103 of the Act. The FAA has relied on

the certification by the airport operator,

under section 150.21 of FAR Part 150,

that the statutory-required consultation

has been accomplished.

Copies of the noise exposure maps

and of the FAA’s evaluation of the maps

are available for examination at the

following locations:

Federal Aviation Administration,

Airports District Office, 6020 28th

Avenue South, Room 102,

Minneapolis, MN 55450–2706;

Duluth Airport Authority, 4701 Airport

Drive, Duluth International Airport,

Duluth, MN 55811

Questions may be directed to the

individual named above under the

heading, FOR FURTHER INFORMATION

CONTACT.

Issued in Minneapolis, Minnesota, on

February 26, 1997.

Franklin D. Benson,

Manager, Minneapolis Airports District

Office, FAA Great Lakes Region.

[FR Doc. 97–8110 Filed 3–28–97; 8:45 am]

BILLING CODE 4910–13–M

Federal Railroad Administration

Notice of Application for Approval of

Discontinuance or Modification of a

Railroad Signal System or Relief from

the Requirements of Title 49 CFR Part

236

Pursuant to Title 49 CFR part 235 and

49 U.S.C. App. 26, the following

railroads have petitioned the Federal

Railroad Administration (FRA) seeking

approval for the discontinuance or

modification of the signal system or

relief from the requirements of Title 49

CFR Part 236 as detailed below.

Block Signal Application (BS–AP)–No.

3420

Applicant: CSX Transportation,

Incorporated, Mr. R. M. Kadlick, Chief

Engineer Train Control, 500 Water

Street (S/C J–350), Jacksonville, Florida

32202.2

CSX Transportation, Incorporated

seeks approval of the proposed

modification of the signal system, at

‘‘SY,’’ milepost A–388.4, near

Charleston, South Carolina, on the

Yemassee Subdivision, Jacksonville

Division, including: conversion of the

north end of the No. 5 crossover switch

from power to hand operation,

discontinuance and removal of 44R

signal, and relocation of 44L signal

northward.

The reason given for the proposed

changes is to improve operations and

increase efficiency.