Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29529 

7See Letter from Jamal El-Hindi, Associate 

Director, Regulatory Policy & Programs Division, 

FinCEN, to Nancy M. Morris, Secretary, SEC 

(August 22, 2007). FinCEN submitted the letter to 

the SEC in response to the NYSE’s ‘‘omnibus 

filing,’’ a rule filing that sought to achieve greater 

harmonization between the NYSE and NASD rules, 

including the AML compliance program rules (SR– 

NYSE–2007–22). See Exchange Act Release No. 

56142 (July 16, 2007), 72 FR 42195 (August 1, 

2007). 

8 15 U.S.C. 78o–3(b)(6). 9 17 CFR 200.30–3(a)(12). 

testing exception’’). The Financial 

Crimes Enforcement Network 

(‘‘FinCEN’’), which is responsible for 

administering the BSA and its 

implementing regulations, has stated 

that the independent testing provision 

of the BSA precludes AML program 

testing by personnel with an interest in 

the outcome of the testing and that an 

independent testing exception, such as 

the one in NASD IM–3011–1, is 

inconsistent with this BSA provision 

and FinCEN’s interpretive guidance on 

the BSA’s independent testing 

requirement.7 Accordingly, consistent 

with FinCEN’s guidance, FINRA is 

proposing to eliminate the independent 

testing exception in connection with its 

adoption of proposed FINRA Rule 3310. 

Finally, as stated previously, the 

proposed rule change would delete 

Incorporated NYSE Rule 445 and its 

related supplementary material in their 

entirety as duplicative. FINRA will 

announce the implementation date of 

the proposed rule change in a 

Regulatory Notice to be published no 

later than 90 days following 

Commission approval. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

of Section 15A(b)(6) of the Act,8 which 

requires, among other things, that 

FINRA rules must be designed to 

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 that the 

proposed rule change would continue to 

assist members in identifying and 

preventing money laundering abuses 

that can affect the integrity of the U.S. 

capital markets. 

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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve such proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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 

Number SR–FINRA–2009–039 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–2009–039. 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 such 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 insert SR–FINRA–2009–039 

and should be submitted on or before 

July 13, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–14531 Filed 6–19–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6635] 

Announcement of a Meeting of the 

International Telecommunication 

Advisory Committee 

Summary: This notice announces a 

meeting of the International 

Telecommunication Advisory 

Committee (ITAC) to prepare for the 

International Telecommunication Union 

(ITU) Regional Preparatory Meeting for 

the World Telecommunication 

Development Conference. 

The ITAC will meet to begin 

preparation of advice for the U.S. 

government for the ITU Regional 

Preparatory Meeting for the World 

Telecommunication Development 

Conference, which will be held from 

August 13–25, 2009 in Lima, Peru. 

There will also be reports on recent 

developments in the ITU, OECD, and 

CITEL. 

The ITAC will meet on July 7,2009 at 

1120 20th Street, NW., 10th floor, 

Washington, DC 20036. This meeting is 

open to the public as seating capacity 

allows. The public will have an 

opportunity to provide comments at this 

meeting. Those desiring further 

information on these meeting may 

contact the Secretariat at 

jillsonad@state.gov or at 202–647–7847. 


pwalker on PROD1PC71 with NOTICES
29530 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

Dated: June 15, 2009. 

Cecily C. Holiday, 

International Communications & Information 

Policy, Department of State. 

[FR Doc. E9–14611 Filed 6–19–09; 8:45 am] 

BILLING CODE 4710–07–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2009–0546] 

Notice of Proposed Airport Access 

Restriction and Opportunity for Public 

Comment 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice; Request for comment. 

SUMMARY: The Airport Noise and 

Capacity Act of 1990 (hereinafter 

referred to as ‘‘the Act’’ or ‘‘ANCA’’) 

provides notice, review, and approval 

requirements for airports seeking to 

impose noise or access restrictions on 

Stage 3 aircraft operations that become 

effective after October 1, 1990. 49 U.S.C. 

47521 et seq. 

The Federal Aviation Administration 

(FAA) announces that it has determined 

the application for an airport noise and 

access restriction submitted by the 

Burbank Glendale Pasadena Airport 

Authority (BGPAA) for Bob Hope 

Airport (BUR) under the provisions of 

49 U.S.C. 47524 of the ANCA, and 14 

CFR part 161, to be complete. The 

BGPAA application seeks approval to 

implement a mandatory nighttime 

curfew at Bob Hope Airport. While the 

determination of completeness is not an 

approval or disapproval of the proposed 

airport access restriction, the 

determination of completeness does 

trigger the start of FAA’s 180-day review 

period. The FAA will approve or 

disapprove the proposed noise and 

access restriction on or before November 

1, 2009. 

DATES: Effective Date: The effective date 

of the start of FAA’s review of the 

application for a mandatory noise and 

access restriction at BUR is May 5, 2009. 

The public comment period ends 30 

days from date published in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Victoria L. Catlett, Planning and 

Environmental Division, APP–400, 800 

Independence Avenue, SW., 

Washington, DC 20591. E-mail address: 

vicki.catlett@faa.gov. Telephone number 

202–267–8770. 

ADDRESSES: You may submit written 

comments, identified by docket number 

FAA–2009–0546, by any of the 

following methods: 

Federal eRulemaking Portal: Go to 

http://regulations.gov and follow the 

online instructions for sending your 

comments electronically. 

Mail: Send comments by mail to 

Docket Operations, U.S. Department of 

Transportation, M–30, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. Persons 

wishing to receive confirmation of 

receipt of their written submission 

should include a self-addressed 

stamped postcard. 

Hand Delivery: Deliver comments to 

Docket Operations in Room W12–140 

on the ground floor of the West Building 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Facsimile: Fax comments to the 

docket operations personnel at 202– 

493–2251. 

Reviewing the docket: To read 

background documents or comments 

received, go to http:// 

www.regulations.gov at any time and 

follow the online instructions for 

accessing the docket; or go to Docket 

Operations in Room W12–140 on the 

ground floor of the West Building at 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: On 

February 3, 2009, FAA received 

BGPAA’s initial request for approval of 

a full, mandatory night-time curfew at 

Bob Hope Airport as described in the 

attached application. The application 

states ‘‘Pursuant to FAR Part 161.311(d) 

the Authority is seeking a full, 

mandatory night-time curfew as 

described in the attached application. 

The Authority is not seeking any other 

alternative restriction.’’ 

On March 5, 2009, FAA determined 

that the application was complete 

except for the environmental 

documentation provided in support of a 

categorical exclusion under the National 

Environmental Policy Act (NEPA). By 

letter dated March 9, 2009, BGPAA 

stated its intent to supplement and 

resubmit the application. On May 5, 

2009, FAA received BGPAA’s 

supplemented application. On May 29, 

2009, FAA determined BGPAA’s 

application to be complete. Pursuant to 

14 CFR 161.313(c)(4)(ii), the FAA’s 180- 

day review period starts on the date of 

receipt of the last supplement to the 

application (May 5, 2009). 

Pursuant to 14 CFR 161.317, the FAA 

may approve or disapprove, in whole or 

in part, the proposed restriction or any 

alternative restriction, submitted by the 

BGPAA for FAA approval or 

disapproval. This notice also announces 

the availability of the proposed airport 

access restriction for public review and 

comment directly to the FAA for 30 

days from the date this notice is 

published in the Federal Register. 

FAA Action Under Part 161 Subpart 

D. The FAA will review and render a 

decision on the restriction as a whole, 

including its impacts on aircraft 

operations that are not classified as 

Stage 3, at the time it issues its decision 

to approve or disapprove the 

application for a full nighttime curfew 

submitted under Subpart D of part 161. 

This review will include a 

determination on how the restriction 

proposal addresses other applicable 

Federal law and BUR’s grant assurances. 

The FAA’s detailed evaluation will be 

conducted under the provisions of 14 

CFR part 161, § 161.317. The FAA may 

only approve a restriction that 

demonstrates by substantial evidence 

supporting each of the six statutory 

conditions for approval, contained in 

the Act and published in 14 CFR part 

161, section 161.305. These six statutory 

conditions of approval are: Condition 1: 

The restriction is reasonable, 

nonarbitrary, and nondiscriminatory; 

Condition 2: The restriction does not 

create an undue burden or interstate or 

foreign commerce; Condition 3: The 

proposed restriction maintains safe and 

efficient use of the navigable airspace; 

Condition 4: The proposed restriction 

does not conflict with any existing 

Federal statute or regulation; Condition 

5: The applicant has provided adequate 

opportunity for public comment on the 

proposed restriction; and Condition 6: 

The proposed restriction does not create 

an undue burden on the national 

aviation system. 

Interested persons are invited to 

comment directly to the FAA on the 

proposed restriction application. The 

Authority’s application is available on 

the BGPAA Web site at: http:// 

www.burbankairport.com/. Your 

comments should relate to the factors 

that Part 161 requires an airport sponsor 

to address in its application for 

restriction approval. All relevant 

comments received within the public 

comment period will be considered by 

the FAA to the extent practicable before 

FAA makes its final decision on the 

application. 

Questions may be directed to the 

individual named above under the 

heading, FOR FURTHER INFORMATION

CONTACT. 


pwalker on PROD1PC71 with NOTICES