Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Notices 6497

19 17 CFR 200.30–3(a)(12).

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. Copies of the filing also will be 

available for inspection and copying at 

the principal office of the Phlx. 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–Phlx–2004–96 and should 

be submitted on or before February 28, 

2005.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.19

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. E5–476 Filed 2–4–05; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[License No. 09/79–0432] 

Telesoft Partners II SBIC, L.P.; Notice 

Seeking Exemption Under Section 312 

of the Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that Telesoft 

Partners II SBIC, L.P., 1450 Fashion 

Island Blvd., Suite 610, San Mateo, CA 

94404, a Federal Licensee under the 

Small Business Investment Act of 1958, 

as amended (‘‘the Act’’), in connection 

with the financing of a small concern, 

has sought an exemption under section 

312 of the Act and section 107.730, 

Financings which Constitute Conflicts 

of Interest of the Small Business 

Administration (‘‘SBA’’) Rules and 

Regulations (13 CFR 107.730). Telesoft 

Partners II SBIC, L.P. proposes to 

provide equity/debt security financing 

to Aarohi Communications, Inc. The 

financing is contemplated for working 

capital and general corporate purposes. 

The financing is brought within the 

purview of § 107.730(a)(1) of the 

Regulations because Telesoft Partners II 

QP, L.P., Telesoft Partners II, L.P. and 

Telesoft NP Employee Fund, LLC, all 

Associates of Telesoft Partners II SBIC, 

L.P., own more than ten percent of 

Aarohi Communications, Inc. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street, SW., Washington, DC 

20416.

Dated: January 6, 2005. 

Jaime Guzman-Fournier, 

Acting Associate Administrator for 

Investment.

[FR Doc. 05–2273 Filed 2–4–05; 8:45 am] 

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Noise Exposure Map Notice for 

Scottsdale Airport, Scottsdale, CA

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice.

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

determination that the noise exposure 

maps submitted by City of Scottsdale for 

Scottsdale 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 requlirements.

EFFECTIVE DATE: The effective date of the 

FAA’s determination of the noise 

exposure maps is January 21, 2005.

FOR FURTHER INFORMATION CONTACT:

Michelle Simmons, Federal Aviation 

Administration, Western Pacific Region 

Headquarters, P.O. Box 92007, Los 

Angeles, California 9009, Telephone 

310/725–3614.

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA finds 

that the noise exposure maps submitted 

for Scottsdale Airport are in compliance 

with applicable requirements of part 

150, effective January 21, 2005. Under 

49 U.S.C. section 47503 of the Aviation 

Safety and Notice Abatement Act 

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

airport operator may submit to the FAA 

noise exposure maps which meet 

applicable regualtions 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 exposre 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 

proposes to take to reduce existing noncompatible uses and prevent the 

introduction of additional noncompatible uses. 

The FAA has completed its review of 

the noise exposure maps and 

accompanying documentation 

submitted by City of Scottsdale, 

Arizona. The documentation that 

constitutes the ‘‘Noise Exposure Maps’’

as defined in section 150.7 of part 150 

includes: Exhibit 1 ‘‘Existing Conditions 

(2004) Noise Exposure Map,’’ and 

Exhibit 2 ‘‘Five-Year Forecast (2009) 

Noise Exposure Map.’’ The Noise 

Exposure Maps contain current and 

forecast information including the 

depiction of the airport and its 

boundaries, the runway configurations, 

land uses such as residential, open 

space, commercial/office, community 

facilities, libraries, churches, open 

space, infrastructure, vacant and 

warehouse and those areas within the 

Yearly Day-Night Average Sound Level 

(DNL) 65, 70a nd 75 noise contours. 

Estimates for the number of people 

within these contours for the year 2004 

are shown in Table 4A. Estimates of the 

future residential population within the 

2009 noise controus are shown in Table 

4A. Estimates of the future residential 

population within the 2009 noise 

controus are shown in Table 4D. Exhibit 

3L displays the location of noise 

monitoring sites. Flight tracks for the 

existing and the five-year forecast Noise 

Exposure Maps are found in Exhibits 

3D, 3E, 3F and 3G. The type and 

frequency of aircraft operations 

(including nighttime operations) are 

found in Tables 3A and 3B. The FAA 

has determined that these noise 

exposure maps and accompanying 

documentation are in compliance with 

applicable requirements. This 

determination is effective on January 21, 

2005.

FAA’s determination on an airport 

operator’s noise exposure maps is 

limited to a finding that the maps were 

6498 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Notices 

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 47503 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 

47506 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 

detailing overlaying of noise exposure 

contours onto the map depicting 

properties on the surface rests 

exclusively with the airport operator 

that submitted those maps, or with 

those public agencies and planning 

agencies with which consultation is 

required under section 47503 of the Act. 

The FAA has relied on the certification 

by the airport operator, under section 

150.21 of FAR part 150, that the 

statutorily required consultation has 

been accomplished. 

Copies of the full noise exposure map 

documentation and of the FAA’s 

evaluation of the maps are available for 

examination at the following locations: 

Federal Aviation Administration, 

Community and Environmental Needs 

Division, APP–600, 800 Independence 

Avenue, SW., Washington, DC 20591. 

Federal Aviation Administration, 

Western-Pacific Region, Airports 

Division, Room 3012, 15000 Aviation 

Boulevard, Hawthorne, California 

90261. 

Scott Gray, Aviation Director, City of 

Scottsdale, Aviation Department, 15000 

N. Airport Drive Suite 200, Scottsdale, 

Arizona 85260. 

Questions may be directed to the 

individual named above under the 

heading FOR FURTHER INFORMATION

CONTACT.

Issued in Hawthorne, California, on 

January 21, 2005. 

Mark A. McClardy, 

Manager, Airports Division, AWP–600, 

Western-Pacific Region.

[FR Doc. 05–2231 Filed 2–4–05; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Notice of Intent To Rule on Application 

05–07–00–ABE To Impose and Use the 

Revenue From a Passenger Facility 

Charge (PFC) at Lehigh Valley 

International Airport, Allentown, PA

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of intent to rule on 

application. 

SUMMARY: The FAA proposes to rule and 

invites public comment on the 

application to impose and use the 

revenue from a PFC at Lehigh Valley 

International Airport under the 

provisions of the 49 U.S.C. 40117 and 

part 158 of the Federal Aviation 

Regulations (14 CFR part 158).

DATES: Comments must be received on 

or before March 9, 2005.

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Ms. Lori Ledebohm, 

Community Planner/PFC Contact, 

Harrisburg Airports District Office, 3905 

Hartzdale Drive, Suite 508, Camp Hill, 

PA 17011. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Mr. Lawrence 

J. Krauter of the Lehigh-Northampton 

Airport Authority at the following 

address: 3311 Airport Road, Allentown, 

PA 18109–3040. 

Air carriers and foreign air carriers 

may submit copies of written comments 

previously provided to the LehighNorthampton Airport Authority under 

section 158.23 of Part 158.

FOR FURTHER INFORMATION CONTACT: Lori 

Ledebohm, Community Planner/PFC 

contact, Harrisburg Airports District 

Office, 3905 Hartzdale Drive, Suite 508, 

Camp Hill, PA 17011, 717–730–2835. 

The application may be reviewed in 

person at this same location.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to rule and invites public 

comment on the application to impose 

and use the revenue from a PFC at 

Lehigh Valley International Airport 

under the provisions of the 49 U.S.C. 

40117 and part 158 of the Federal 

Aviation Regulations (14 CFR part 158). 

On January 28, 2005, the FAA 

determined that the application to 

impose and use the revenue from a PFC 

submitted by Lehigh-Northampton 

Airport Authority was substantially 

complete within the requirements of 

section 158.25 of part 158. The FAA 

will approve or disapprove the 

application, in whole or in part, no later 

than May 6, 2005. 

The following is a brief overview of 

the application. 

Proposed charge effective date: June 

1, 2005. 

Proposed charge expiration date:

August 1, 2005. 

Level of the proposed PFC: $4.50. 

Total estimated PFC revenue:

$27,940,236. 

Brief description of proposed 

project(s): Main Terminal Renovations & 

Additions Class or classes of air carriers 

which the public agency has requested 

not be required to collect PFCs: Air 

Taxi/Commercial Operators (ATCO). 

Any person may inspect the 

application in person at the FAA office 

listed above under FOR FURTHER

INFORMATION CONTACT and at the FAA 

regional Airports office located at: 

Eastern Region, Airports Division, AEA–

610, 1 Aviation Plaza, Jamaica, New 

York 11434. 

In addition, any person may, upon 

request, inspect the application, notice 

and other documents germane to the 

application in person at the LehighNorthampton Airport Authority.

Issued in Camp Hill, Pennsylvania, on 

January 28, 2005. 

Wayne T. Heibeck, 

Manager, Harado Eastern Region.

[FR Doc. 05–2219 Filed 2–4–05; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

New York & Lake Erie Railroad (NYLE) 

(Waiver Petition Docket Number FRA–

2004–19950) 

The New York & Lake Erie Railroad 

(NYLE) seeks a waiver of compliance