55270 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices 

6 Id. 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A)(i). 

9 17 CFR 240.19b–4(f)(1). 10 17 CFR 200.30–3(a)(12). 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

ISE included statements concerning the 

purpose of, and basis for, the proposed 

rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. The ISE has prepared 

summaries, set forth in sections A, B 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this rule change is to 

implement a quote mitigation plan for 

the Exchange’s CMMs. As noted above, 

the Commission recently approved,6 on 

a one-year pilot basis, this quote 

mitigation plan applicable to up to 

twenty (20) securities that are in the 

Penny Pilot. Under this proposal, a 

CMM will be required to enter 

continuous quotations in just 60 percent 

of the series, rather than in all series, of 

the options classes to which it is 

appointed. Once a CMM enters a quote 

in a series, it must continue to quote in 

that series until the close of trading that 

day. 

Further, ISE Rule 804(e)(2)(iii), which 

states that a CMM may be called upon 

to submit quotes in one or more series 

of options to which it is appointed in 

the interest of maintaining fair and 

orderly markets, shall continue to apply 

during the pilot period. 

The Exchange proposes to commence 

this pilot program on September 20, 

2007 for a period of one year. Prior to 

the commencement of the pilot 

program, the Exchange will issue a 

circular to CMMs identifying the initial 

list of securities selected for the pilot 

program. 

2. Statutory Basis 

The statutory basis under the Act for 

this proposed rule change is the 

requirement under Section 6(b)(5) 7 that 

an exchange have rules that are 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism for a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

impose 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 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change has become 

effective Section 19(b)(3)(A)(i) of the 

Act,8 and Rule 19b–4(f)(1) thereunder,9

because the proposal constitutes a stated 

policy, practice, or interpretation with 

respect to the meaning, administration, 

or enforcement of an existing rule. At 

any time within 60 days of the filing of 

such proposed rule change, the 

Commission may summarily abrogate 

such 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 rulecomments@sec.gov. Please include File 

No. SR–ISE–2007–86 on the subject 

line. 

Paper comments: 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–ISE–2007–86. 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 Commissions 

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 St., NE., Washington, DC 

20549 on official business days between 

the hours of 10:00 a.m. and 3:00 p.m. 

Copies of such filing also will be 

available for inspection and copying at 

the principal office of the ISE. 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–ISE–2007–86 and should be 

submitted by October 19, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–19165 Filed 9–27–07; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Public Notice for a Change in Use of 

Aeronautical Property at Manchester 

Airport, Manchester, NH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for public comments. 

SUMMARY: The FAA is requesting public 

comment on the City of Manchester, 

New Hampshire’s request to change a 

portion (.42 acres) of Airport property 

from aeronautical use to nonaeronautical use. The property is 

located on South Willow Street, 

Manchester, New Hampshire and is a 

portion of map 854, Lot 5 and Map 854, 

Lot 1B. Upon disposition the property 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices 55271 

will be used for the realignment of 

South Willow Street for Runway Safety 

Area Improvements at Manchester 

Airport, Manchester, New Hampshire. 

The property was acquired under AIP 

Project Nos. 3–33–0011–31 and 3–33–

0011–67. 

The disposition of proceeds from the 

disposal of airport property will be in 

accordance with FAA’s Policy and 

Procedures Concerning the Use of 

Airport Revenue, published in the 

Federal Register on February 16, 1999. 

DATES: Comments must be received on 

or before October 29, 2007. 

ADDRESSES: Documents are available for 

review by appointment by contacting 

Mr. Richard Fixler, Assistant Airport 

Director, Engineering & Planning at 

Manchester Airport. Telephone (603) 

628–6211, Ext. 519 or by contacting 

Donna R. Witte, Federal Aviation 

Administration, 16 New England 

Executive Park, Burlington, 

Massachusetts, Telephone 781–238–

7624. 

FOR FURTHER INFORMATION CONTACT: 

Donna R. Witte at the Federal Aviation 

Administration, 12 New England 

Executive Park, Burlington, 

Massachusetts 01803, Telephone 781–

238–7624. 

SUPPLEMENTARY INFORMATION: Section 

124 of The Wendell H. Ford Aviation 

investment and Reform Act for the 21st 

Century (AIR 21) requires the FAA to 

provide an opportunity for public notice 

and comment to the ‘‘waiver’’ or 

‘‘modification’’ of a sponsor’s Federal 

obligation to use certain airport property 

for aeronautical purposes. 

Dated: Issued in Burlington, Massachusetts 

on September 17, 2007. 

LaVerne F. Reid, 

Manager, Airports Division, New England 

Region. 

[FR Doc. 07–4799 Filed 9–27–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on a Request 

To Release Airport Property at 

Arlington Municipal Airport, Arlington, 

WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of request for public 

comment. 

SUMMARY: The FAA proposes to rule and 

invites public comment on the release of 

airport property consisting of two 

buildings (Fire Hall, Armory/ 

Instrument) at Arlington Municipal 

Airport from obligations under the 

provisions of the Surplus Property Act 

of 1944. 

DATES: Comments must be received on 

or before October 29, 2007. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

to the FAA at the following address: 

Karen J. Miles; Civil Engineer, Federal 

Aviation Administration, Northwest 

Mountain Region, Airports Division, 

Seattle Airports District Office; 1601 

Lind Avenue, SW., Suite 250; Renton, 

Washington 98057–3356. Telephone 

number: (425) 227–2661; Fax number: 

(425) 227–1650. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Arlington 

Municipal Airport, Arlington, 

Washington: Mr. Rob Putnam, Airport 

Manager; City of Arlington; 18204 59th 

Drive, NE.; Arlington, WA 98223. 

Telephone number: (360) 403–3472; Fax 

number (360) 435–1012. 

FOR FURTHER INFORMATION CONTACT: 

Karen Miles, at the above address. The 

request to release may be reviewed in 

person at this same location, by 

appointment or at the Offices of the 

Airport Manager, Arlington, 

Washington. 

SUPPLEMENTARY INFORMATION: The FAA 

invites public comment on the release of 

airport property consisting of two 

buildings (Fire Hall, Armory/ 

Instrument) from surplus property 

obligations. The airport proposes to 

demolish both buildings to clear the 

land for future aeronautical 

development. Both buildings are on 

Runway 16/34 flight line, and are in a 

condition that could be considered a 

potential public safety hazard. The 

buildings are within the Naval Auxiliary 

Air Station—Arlington Historic District, 

and FAA has completed consultation 

with the Washington State Historic 

Preservation Officer and other 

consulting parties pursuant to 36 CFR 

Part 800, regulations implementing 

Section 106 of the National Historic 

Preservation Act (16 U.S.C. Section 

470f). Under consultation, the Armory/ 

Instrument building was determined to 

be non-contributing to the district. The 

Fire Hall was determined to be 

contributing to the district and a 

Memorandum of Agreement has been 

signed stipulating mitigation to account 

for the adverse effect of demolition. 

Section 125 of the Wendell H. Ford 

Aviation Investment and Reform Act for 

the 21st Century (AIR–21) requires the 

FAA to provide an opportunity for 

public notice and comment prior to the 

‘‘waiver’’ or ‘‘modification’’ of a 

sponsor’s Federal obligation to use 

certain airport land for aeronautical 

purposes. 

Carol A. Key, 

Acting Assistant Manager, Seattle Airports 

District Office. 

[FR Doc. 07–4800 Filed 9–27–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34955] 

Buffalo & Pittsburgh Railroad, Inc.—

Lease and Operation Exemption—

Norfolk Southern Railway Company 

and CSX Transportation, Inc. 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of Exemption. 

SUMMARY: Under 49 U.S.C. 10502, the 

Board is granting a petition for 

exemption from the prior approval 

requirements of 49 U.S.C. 11323–24 to 

enable Buffalo & Pittsburgh Railroad, 

Inc., a Class II rail carrier, to acquire 

from Norfolk Southern Railway 

Company (NSR), by assignment, NSR’s 

lease of approximately 24.6 miles of a 

line of railroad that is owned by CSX 

Transportation, Inc. (CSXT). The line 

extends from milepost BKC 2.0 near 

Cloe, PA, to milepost BKC 26.6 at Ridge 

Branch Junction near Creekside, PA. 

The exemption is subject to employee 

protective conditions. 

DATES: The exemption will be effective 

on October 8, 2007. Petitions to stay 

must be filed by October 3, 2007, and 

petitions to reopen must be filed by 

October 18, 2007. 

ADDRESSES: An original and 10 copies of 

all pleadings, referring to STB Finance 

Docket No. 34955, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423–

0001. In addition, one copy of all 

pleadings must be served on petitioner’s 

representative: Eric M. Hocky, Gollatz, 

Griffin & Ewing, P.C., Four Penn Center, 

Suite 200, 1600 John F. Kennedy Blvd., 

Philadelphia, PA 19103–2808. 

FOR FURTHER INFORMATION CONTACT: 

Joseph H. Dettmar, (202) 245–0395. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) 

at 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision. To purchase a 

copy of the full decision, write to, email, or call: ASAP Document 

Solutions, 9332 Annapolis Rd., Suite 


jlentini on PROD1PC65 with NOTICES