9122 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(6). 

11 17 CFR 240.19b–4(f)(6)(iii). 

12See id. 

13 Id. 

14For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 15 17 CFR 200.30–3(a)(12). 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, and, in 

general, to protect investors and the 

public interest. FINRA believes the 

proposed rule change will provide 

greater clarity to members and the 

public regarding FINRA’s rules. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA 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. 

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 

Because the proposed rule change 

does not: (i) Significantly affect the 

protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days after the date of 

filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Act 9 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.10 As required under Rule 

19b–4(f)(6)(iii),11 FINRA provided the 

Commission with written notice of its 

intent to file the proposed rule change, 

along with a brief description and text 

of the proposed rule change, at least five 

business days prior to the filing of the 

proposed rule change. 

A proposed rule change filed under 

Rule 19b–4(f)(6) normally may not 

become operative prior to the 30th day 

after the date of filing.12 However, Rule 

19b–4(f)(6)(iii) 13 permits the 

Commission to designate a shorter time 

if such action is consistent with the 

protection of investors and the public 

interest. FINRA requested that the 

Commission waive the 30-day operative 

delay and designate the proposed rule 

change to become operative upon filing 

so that FINRA could implement the 

proposed rule change on February 17, 

2009, the same date on which certain of 

the previously approved rule changes 

relating the Consolidated FINRA 

Rulebook will be implemented. The 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest. In particular, the 

Commission does not believe that the 

proposed rule change presents any 

novel issues. The proposed rule change 

makes non-substantive changes to 

update FINRA rules in the Consolidated 

FINRA Rulebook to reflect changes to 

FINRA rules previously published for 

comment by the Commission. 

Accordingly, the Commission 

designates the proposed rule change to 

be operative upon filing with the 

Commission.14

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

the rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

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 

rule-comments@sec.gov. Please include 

File Number SR–FINRA–2009–005 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–2009–005. 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 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– 

2009–005 and should be submitted on 

or before March 23, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4300 Filed 2–27–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Amendment to Noise 

Compatibility Program Mobile Regional 

Airport, Mobile, AL 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the Noise Compatibility 

Program submitted by the Mobile 

Airport Authority 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 non-Federal responsibilities in 

Senate Report No. 96–52 (1980). On 

May 1, 2006, the FAA determined that 

the noise exposure maps submitted by 

the Mobile Airport Authority under Part 

150 were in compliance with applicable 

requirements. On October 26, 2006, the 

FAA approved the Mobile Regional 

Airport noise compatibility program. 


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Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 9123 

Most of the recommendations of the 

program were approved. On August 29, 

2008, the Mobile Airport Authority 

requested approval to revise two of the 

ten approved proposed action measures. 

EFFECTIVE DATE: The effective date of the 

FAA’s approval of the Mobile Regional 

Airport Noise Compatibility Program 

Update is February 18, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Morgan, Federal Aviation 

Administration, Jackson Airports 

District Office, 100 West Cross Street, 

Suite B, Jackson, Mississippi 39208– 

2307, phone number: (601) 664–9891. 

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 Update for 

Mobile Regional Airport, effective 

February 18, 2009. 

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 

Title 14 Code of Federal Regulations 

(CFR) Part 150 is a local program, not 

a Federal Program. The FAA does not 

substitute its judgment for that of the 

airport operator with respect to which 

measure 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 

14 CFR 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 14 CFR 

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 

14 CFR 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 Airports District 

Office in Jackson, Mississippi. 

Mobile Airport Authority submitted 

to the FAA on December 30, 2005, the 

Noise Exposure Maps, descriptions, and 

other documentation produced during 

the noise compatibility planning study 

conducted from 2003, through 

December 2005. The Mobile Regional 

Airport Noise Exposure Maps were 

determined by FAA to be in compliance 

with applicable requirements on May 1, 

2006. Notice of this determination was 

published in the Federal Register on 

May 18, 2006. 

The Mobile Regional Airport study 

contains a proposed Noise 

Compatibility Program comprised of 

actions designed for phased 

implementation by airport management 

and adjacent jurisdictions from the 2006 

to 2011 and beyond. It was requested 

that FAA evaluate and approve an 

amendment to this material as a Noise 

Compatibility Program as described in 

Section 47504 of the Act. 

The FAA began its review of the 

updated Program on August 29, 2008, 

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 amended program 

contained two (2) revised proposed 

actions for noise mitigation off the 

airport. The FAA completed its review 

and determined that the procedural and 

substantive requirements of the Act and 

14 CFR Part 150 have been satisfied. 

The updated program, therefore, was 

approved by the FAA effective February 

18, 2009. 

Outright approval was granted for 

both of the revised specific program 

elements. 

These determinations are set forth in 

detail in a Record of Approval 

Amendment signed by the FAA on 

February 18, 2009. The Record of 

Approval Amendment, 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 office of the 

Mobile Airport Authority. The Record of 

Approval Amendment also will be 

available on-line at: http://www.faa.gov/ 

airports_airtraffic/airports/ 

environmental/airport_noise/part_150/ 

states/. 

Issued in Jackson, Mississippi on February 

23, 2009. 

Rans Black, 

Manager, Jackson Airports District Office, 

Southern Region. 

[FR Doc. E9–4349 Filed 2–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Seventh Meeting, Special Committee 

214: Standards for Air Traffic Data 

Communication Services, Working 

Group 78 (WG–78) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of RTCA Special 

Committee 214, Standards for Air 

Traffic Data Communication Services. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of the 

RTCA Special Committee 214, 

Standards for Air Traffic Data 

Communication Services. 

DATES: The meeting will be held March 

30–April 3 from 9 a.m.–5 p.m. 

ADDRESSES: The meeting will be held at 

General Dynamics, 8201 East McDowell 

Rd., Scottsdale, AZ 85257, USA. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a) (2) of the Federal 

Advisory Committee Act (Pub. L. 92– 

463, 5 U.S.C., Appendix 2), notice is 


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