10800 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices 

set forth in paragraphs (a)(1)–(8) of this 

Order. 

(2) Any ICE Trust Participant shall be 

exempt from the requirements of 

Section 5 of the Exchange Act to the 

extent such ICE Trust Participant uses 

any facility of ICE Trust to effect any 

transaction in Cleared CDS, or to report 

any such transaction, in connection 

with ICE Trust’s clearance and risk 

management process for Cleared CDS. 

(c) Exemption for ICE Trust, Certain ICE 

Trust Participants, and Certain Eligible 

Contract Participants 

(1) Persons eligible. The exemption in 

paragraph (c)(2) is available to: 

(i) ICE Trust; 

(ii) Any ICE Trust Participant (as 

defined in paragraph (e)(2) of this 

Order), which is not a broker or dealer 

registered under Section 15(b) of the 

Exchange Act (other than paragraph (11) 

thereof); and 

(iii) Any eligible contract participant 

(as defined in Section 1a(12) of the 

Commodity Exchange Act as in effect on 

the date of this Order (other than a 

person that is an eligible contract 

participant under paragraph (C) of that 

section)), other than: (A) an eligible 

contract participant that receives or 

holds funds or securities for the purpose 

of purchasing, selling, clearing, settling, 

or holding Cleared CDS positions for 

other persons; (B) an eligible contract 

participant that is a self-regulatory 

organization, as that term is defined in 

Section 3(a)(26) of the Exchange Act; or 

(C) a broker or dealer registered under 

Section 15(b) of the Exchange Act (other 

than paragraph (11) thereof). 

(2) Scope of exemption. 

(i) In general. Such persons generally 

shall, solely with respect to Cleared 

CDS, be exempt from the provisions of 

the Exchange Act and the rules and 

regulations thereunder that do not apply 

in connection with security-based swap 

agreements. Accordingly, under this 

exemption, those persons would remain 

subject to those Exchange Act 

requirements that explicitly are 

applicable in connection with securitybased swap agreements (i.e., paragraphs 

(2) through (5) of Section 9(a), Section 

10(b), Section 15(c)(1), paragraphs (a) 

and (b) of Section 16, Section 20(d) and 

Section 21A(a)(1) and the rules 

thereunder that explicitly are applicable 

to security-based swap agreements). All 

provisions of the Exchange Act related 

to the Commission’s enforcement 

authority in connection with violations 

or potential violations of such 

provisions also remain applicable. 

(ii) Exclusions from exemption. The 

exemption in paragraph (c)(2)(i), 

however, does not extend to the 

following provisions under the 

Exchange Act: 

(A) Paragraphs (42), (43), (44), and 

(45) of Section 3(a); 

(B) Section 5; 

(C) Section 6; 

(D) Section 12 and the rules and 

regulations thereunder; 

(E) Section 13 and the rules and 

regulations thereunder; 

(F) Section 14 and the rules and 

regulations thereunder; 

(G) Paragraphs (4) and (6) of Section 

15(b); 

(H) Section 15(d) and the rules and 

regulations thereunder; 

(I) Section 15C and the rules and 

regulations thereunder; 

(J) Section 16 and the rules and 

regulations thereunder; and 

(K) Section 17A (other than as 

provided in paragraph (a)). 

(d) Exemption for Certain Registered 

Broker-Dealers 

A broker or dealer registered under 

Section 15(b) of the Exchange Act (other 

than paragraph (11) thereof) shall be 

exempt from the provisions of the 

Exchange Act and the rules and 

regulations thereunder specified in 

paragraph (c)(2), solely with respect to 

Cleared CDS, except: 

(1) Section 7(c); 

(2) Section 15(c)(3); 

(3) Section 17(a); 

(4) Section 17(b); 

(5) Regulation T, 12 CFR 200.1 et seq.; 

(6) Rule 15c3–1; 

(7) Rule 15c3–3; 

(8) Rule 17a–3; 

(9) Rule 17a–4; 

(10) Rule 17a–5; and 

(11) Rule 17a–13. 

(e) Definitions 

For purposes of this Order: 

(1) ‘‘Cleared CDS’’ shall mean a credit 

default swap that is submitted (or 

offered, purchased, or sold on terms 

providing for submission) to ICE Trust, 

that is offered only to, purchased only 

by, and sold only to eligible contract 

participants (as defined in Section 

1a(12) of the Commodity Exchange Act 

as in effect on the date of this Order 

(other than a person that is an eligible 

contract participant under paragraph (C) 

of that section)), and in which: 

(i) The reference entity, the issuer of 

the reference security, or the reference 

security is one of the following: 

(A) An entity reporting under the 

Exchange Act, providing Securities Act 

Rule 144A(d)(4) information, or about 

which financial information is 

otherwise publicly available; 

(B) a foreign private issuer whose 

securities are listed outside the United 

States and that has its principal trading 

market outside the United States; 

(C) a foreign sovereign debt security; 

(D) an asset-backed security, as 

defined in Regulation AB, issued in a 

registered transaction with publicly 

available distribution reports; or 

(E) an asset-backed security issued or 

guaranteed by Fannie Mae, Freddie Mac 

or Ginnie Mae; or 

(ii) the reference index is an index in 

which 80 percent or more of the index’s 

weighting is comprised of the entities or 

securities described in subparagraph (i). 

(2) ‘‘ICE Trust Participant’’ shall mean 

any participant in ICE Trust that 

submits Cleared CDS to ICE Trust for 

clearance and settlement exclusively (i) 

for its own account or (ii) for the 

account of an affiliate that controls, is 

controlled by, or is under common 

control with the participant in ICE 

Trust. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–5299 Filed 3–11–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

ITS Joint Program Office, Intelligent 

Transportation Systems Program 

Advisory Committee; Notice of Meeting 

AGENCY: Research and Innovative 

Technology Administration, U.S. 

Department of Transportation. 

ACTION: Notice. 

This notice announces, pursuant to 

Section 10(a)(2) of the Federal Advisory 

Committee Act (FACA) (Pub. L. 72–363; 

5 U.S.C. app. 2), a meeting of the 

Intelligent Transportation Systems (ITS) 

Program Advisory Committee (ITSPAC). 

The meeting will be held on April 6, 

2009, 2 p.m. to 4 p.m. The meeting will 

take place at the U.S. Department of 

Transportation (U.S. DOT), 1200 New 

Jersey Avenue, SE., Washington DC, in 

conference room #2 of the U.S DOT 

Conference Center on the lobby level of 

the West Building. 

The ITSPAC, established under 

Section 5305 of Public Law 109–59, 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users, August 10, 2005, and chartered 

on February 7, 2008, was created to 

advise the Secretary of Transportation 

on all matters relating to the study, 

development and implementation of 

intelligent transportation systems. 

Through its sponsor, the ITS Joint 

Program Office, the ITSPAC makes 

recommendations to the Secretary 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices 10801 

regarding ITS Program needs, objectives, 

plans, approaches, contents, and 

progress. 

The following is a summary of the 

meeting’s tentative agenda: (1) Update 

on new Administration transition issues 

and news; (2) Update on American 

Recovery and Reinvestment Act issues 

and news; (3) Report on IntelliDriveSM

Program draft principles; (4) Discussion 

of ITSPAC input on transportation 

legislation reauthorization; (5) 

Discussion of ITSPAC input on the 

Committee’s proposed new ITS Program 

goal; (6) Update on ITS Program 

Strategic Plan status; (7) Update on 

Intelligent Transportation Society of 

America 2009 Annual Meeting 

activities; (8) Update on U.S. DOT ITS 

Program governance processes and 

status; and (9) Discussion of location, 

timing, and topics for next ITSPAC 

meeting. 

Since access to the U.S. DOT building 

is controlled, all persons who plan to 

attend the meeting must notify Mr. 

Stephen Glasscock, the Committee 

Designated Federal Official, at (202) 

366–9536 not later than April 1, 2009. 

Individuals attending the meeting must 

report for admission at the 1200 New 

Jersey Avenue entrance of the U.S. DOT 

building. Attendance is open to the 

public, but limited space will be 

available on a first come, first served 

basis. With the approval of Ms. Shelley 

Row, Director of the ITS Joint Program 

Office, members of the public may 

present oral statements at the meeting. 

Non-committee members wishing to 

present oral statements or obtain 

information should contact Mr. 

Glasscock. 

Questions about the agenda or written 

comments may be submitted by U.S. 

Mail to: U.S. Department of 

Transportation, Research and Innovative 

Technology Administration, ITS Joint 

Program Office, Attention: Stephen 

Glasscock, 1200 New Jersey Avenue, 

SE., HOIT, Washington, DC 20590 or 

faxed to (202) 493–2027. The ITS Joint 

Program Office requests that written 

comments be submitted prior to the 

meeting. 

Persons with a disability requiring 

special services, such as an interpreter 

for the hearing impaired, should contact 

Mr. Glasscock at least seven calendar 

days prior to the meeting. 

Notice of this meeting is provided in 

accordance with the FACA and the 

General Services 

Administration regulations (41 CFR 

part 102–3) covering management of 

Federal advisory committees. 

Issued in Washington, DC, on the 6th day 

of March, 2009. 

John Augustine, 

Managing Director, ITS Joint Program Office. 

[FR Doc. E9–5360 Filed 3–11–09; 8:45 am] 

BILLING CODE 4910–HY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Land Release for Princeton Airport 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Request for public comment. 

SUMMARY: The Federal Aviation 

Administration is requesting public 

comment on Princeton Airport (39N), 

Princeton, New Jersey, notice of 

proposed release from aeronautical use 

of approximately 7.2 acres of airport 

property, to allow for non-aeronautical 

development. 

The parcel is located on the southeast 

corner of Princeton Airport. The tract 

currently consists of 7.2 acres of land 

and it is currently vacant. The requested 

release is for the purpose of permitting 

the airport owner to sell and convey 

title of 7.2 Acres for use as a medical 

office building. 

Documents reflecting the Sponsor’s 

request are available, by appointment 

only, for inspection at the Airport 

Manager’s office and the FAA New York 

Airport District Office. 

DATES: Comments must be received by 

April 13, 2009. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

to the FAA at the following address: 

Steven M. Urlass, Manager, FAA New 

York Airports District Office, 600 Old 

Country Road, Suite 446, Garden City, 

New York 11530. In addition, a copy of 

any comments submitted to the FAA 

must be mailed or delivered to Mr. 

Kenneth Nierenberg, Airport Manager, 

at the following address: 41 Airpark 

Road, Princeton, New Jersey 08540. 

FOR FURTHER INFORMATION CONTACT: 

Steven M. Urlass, Manager, New York 

Airports District Office, 600 Old 

Country Road, Suite 446, Garden City, 

New York 11530; telephone (516) 227– 

3803; FAX (516) 227–3813; e-mail 

steve.urlass@faa.gov. 

SUPPLEMENTARY INFORMATION: Section 

125 of the Wendell H. Ford Aviation 

Investment and Reform Act for the 1st 

Century (AIR21) requires the FAA to 

provide an opportunity for public notice 

and comment before the Secretary may 

waive a sponsor’s Federal obligation to 

use certain airport land for aeronautical 

use. 

Issued in Garden City, New York on 

February 9, 2009. 

Steven Urlass, 

Manager, New York Airports District Office, 

Eastern Region. 

[FR Doc. E9–5395 Filed 3–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Third Plenary Meeting, NextGen MidTerm Implementation Task Force 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of NextGen Mid-Term 

Implementation Task Force meeting. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of the 

NextGen Mid-Term Implementation 

Task Force. 

DATES: The meeting will be held April 

7, 2009 starting at 9 a.m. to 12 p.m. 

Arrive in FAA Lobby at 8:30 a.m. for 

visitor check in. 

ADDRESSES: FAA Auditorium, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. 

FOR FURTHER INFORMATION CONTACT: 

RTCA Secretariat, 1828 L Street, NW., 

Suite 850, Washington, DC 20036; 

telephone (202) 833–9339; fax (202) 

833–9434; Web site http://www.rtca.org. 

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 

hereby given for a NextGen Mid-Term 

Implementation Task Force meeting. 

The agenda will include: 

• Opening Plenary (Welcome and 

Introductions) 

• Work Group and Subgroup Status 

Reports and Planned Activities 

• Discussion and Next Steps 

• Closing Plenary (Other Business, 

Document Production, Date and Place of 

Next Meeting, Adjourn) 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairman, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 


cprice-sewell on PRODPC61 with NOTICES