Approval of Noise Compatibility Program; Orlando Sanford International Airport, Sanford, FL, 62033-62034 [06-8789]

Download as PDF Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices The Commission notes that the NYSE used the CTA Vendor Agreement to govern the distribution of its OpenBook and Liquidity Quote market data products.67 In addition, according to NYSE Arca, the CTA/CQ Vendor and Subscriber Agreements ‘‘have been in effect for many years and enjoy widespread use and acceptance.’’ 68 The Exchange represents that, following consultations with vendors and endusers, and in response to client demand, the Exchange: chose to fold itself into an existing contract and administration system rather than to burden clients with another set of market data agreements and another market data reporting system, both of which would require clients to commit additional legal and technical resources to support the Exchange’s data products.69 jlentini on PROD1PC65 with NOTICES In addition, the Commission notes that the Exchange has represented that it is not imposing restrictions on the use or display of its data beyond those set forth in the existing CTA/CQ Vendor and Subscriber Agreements.70 Because the Exchange has not proposed changes to the CTA/CQ Vendor and Subscriber Agreements, the Commission disagrees with one commenter’s assertion that the Exchange is ‘‘amending and adding to the CTA vendor agreement.’’ 71 This commenter also believes that the Exchange has not recognized the rights of a broker or dealer, established in Regulation NMS, to distribute its order information, subject to the condition that it does so on terms that are fair and reasonable and not unreasonably discriminatory.72 In response, the Exchange states that the CTA/CQ Vendor and Subscriber Agreements do not prohibit a broker-dealer member of a Plan Participant from making available to the public information relating to the orders and transaction reports that it provides to Plan Participants.73 Accordingly, the Commission believes Commission if the plan sponsors designate the proposed amendment as involving solely technical or ministerial matters. 67 See Securities Exchange Act Release Nos. 53585 (March 31, 2006), 71 FR 17934 (April 7, 2006) (order approving File Nos. SR–NYSE–2004– 43 and NYSE–2005–32) (relating to OpenBook); and 51438 (March 28, 2005), 70 FR 17137 (April 4, 2005) (order approving File No. SR–NYSE–2004– 32) (relating to Liquidity Quote). For both the OpenBook and Liquidity Quote products, the NYSE attached to the CTA Vendor Agreement an Exhibit C containing additional terms governing the distribution of those products, which the Commission specifically approved. NYSE Arca is not including additional contract terms in its proposal. 68 See NYSE Arca Response I, supra note 5. 69 See NYSE Arca Response I, supra note 5. 70 See NYSE Arca Response I, supra note 5. 71 See SIA Letter I, supra note 4. 72 See SIA Letters I and II, supra note 4. 73 See NYSE Arca Response I, supra note 5. VerDate Aug<31>2005 15:52 Oct 19, 2006 Jkt 211001 that the Exchange has acknowledged the rights of a broker or dealer to distribute its market information, subject to the requirements of Exchange Act Rule 603(a). One commenter also asserts that the Exchange has failed to consider the administrative burdens that the proposal would impose, including the need for broker-dealers to develop system controls to track ArcaBook access and usage.74 In response, the Exchange represents that it has communicated with its customers to ensure system readiness and is using a long-standing and broadly-used administrative system to minimize the amount of development effort required to meet the administrative requirements associated with the proposal.75 Accordingly, the Commission believes that the Exchange has considered the administrative requirements associated with the proposal. VI. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,76 that the proposal (SR–NYSEArca–2006–21), is approved. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.77 Jill M. Peterson, Assistant Secretary. [FR Doc. E6–17539 Filed 10–19–06; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program; Orlando Sanford International Airport, Sanford, FL Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program modification submitted by the Sanford 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 nonfederal responsibilities in Senate Report No. 96–52 (1980). On June 22, 2005, the 74 See SIA Letter I, supra note 4. NYSE Arca Response I, supra note 5. 76 15 U.S.C. 78s(b)(2). 77 17 CFR 200.30–3(a)(12). 75 See PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 62033 FAA determined that the noise exposure maps submitted by the Sanford Airport Authority under part 150 were in compliance with applicable requirements. On August 23, 2006, the FAA approved the Orlando Sanford International Airport modification to the noise compatibility program. All of the recommended modifications of the program were approved. No program elements relating to new or revised flight procedures for noise abatement were proposed by the airport operator. DATES: Effective Date: The effective date of the FAA’s approval of the Orlando Sanford International Airport modification to the noise compatibility program is August 23, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Lindy McDowell, Federal Aviation Administration, Orlando Airports District Office, 5950 Hazeltine National Dr., Suite 400, Orlando, Florida 32822, (407) 812–6331, Extension 130. 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 of a modification to the noise compatibility program for Orlando Sanford International Airport, effective August 23, 2006. 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 Federal Aviation Regulations (FAR) part 150 is a local program, not a Federal Program. The FAA does not substitute its judgment for that of the airport proprietor with respect to which measure should be recommended for action. The FAA’s approval or disapproval of FAR part 150 program recommendations is measured according to the standards expressed in 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 FAR part 150; E:\FR\FM\20OCN1.SGM 20OCN1 jlentini on PROD1PC65 with NOTICES 62034 Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices 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 FAR 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 Orlando, Florida. Sanford Airport Authority submitted to the FAA on January 6, 2006, the noise exposure maps, descriptions, and other documentation produced during the noise compatibility modification study conducted from March 8, 2004, through January 6, 2006. The Orlando Sanford International Airport noise exposure maps, submitted to the FAA on June 9, 2005, were determined by FAA to be in compliance with applicable requirements on June 22, 2005. Notice of this determination was published in the Federal Register on June 22, 2005. The Orlando Sanford International Airport study contains a proposed modification to the noise compatibility program comprised of actions designed for phased implementation by airport management and adjacent jurisdictions from 2004 to the year 2009. It was VerDate Aug<31>2005 15:52 Oct 19, 2006 Jkt 211001 requested that FAA evaluate and approve this material as a noise compatibility program modification as described in section 47504 of the Act. The FAA began its review of the program modification on March 3, 2006, and was required by a provisions 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 program contained one (1) proposed action for noise mitigation off the airport. The FAA completed its review and determined that the procedural and substantive requirements of the Act and FAR Part 150 have been satisfied. The overall program modification, therefore, was approved by the FAA effective August 23, 2006. Outright approval was granted for all of the specific program elements. Approved actions include a modification to Land Use Measure H in which the airport proposes additional acquisition for noise abatement purposes those areas that are identified as non-compatible land uses and located in the 65 DNL noise contour in the updated NEM (2004). These determinations are set forth in detail in a Record of Approval signed by the FAA on August 23, 2006. The Record of Approval, 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 Sanford Airport Authority. The Record of Approval also will be available online at https://www.faa.gov/arp/ environmental/14cfr150/index14.cfm. Issued in Orlando, Florida on September 28, 2006. W. Dean Stringer, Manager, Orlando Airports District Office. [FR Doc. 06–8789 Filed 10–19–06; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program; St. Lucie County International Airport, Fort Pierce, FL Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: The Federal Aviation Administration (FAA) announces its PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 findings on the noise compatibility program submitted by the St. Lucie County Board of County Commissioners 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 nonfederal responsibilities in Senate Report No. 96–52 (1980). On February 23, 2006, the FAA determined that the noise exposure maps submitted by the St. Lucie County Board of County Commissioners under part 150 were in compliance with applicable requirements. On August 21, 2006, the FAA approved the St. Lucie County International Airport noise compatibility program. Most of the recommendations of the program were approved. DATES: Effective Date: The effective date of the FAA’s approval of the St. Lucie County International Airport noise compatibility program is August 21, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Lindy McDowell, Federal Aviation Administration, Orlando Airports District Office, 5950 Hazeltine National Dr., Suite 400, Orlando, Florida 32822, (407) 812–6331, Extension 130. 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 for St. Lucie County International Airport, effective August 21, 2006. 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 Federal Aviation Regulations (FAR) Part 150 is a local program, not a Federal Program. The FAA does not substitute its judgment for that of the airport proprietor with respect to which measure should be recommended for action. The FAA’s approval or disapproval of FAR Part 150 program recommendations is measured according to the standards expressed in E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 71, Number 203 (Friday, October 20, 2006)]
[Notices]
[Pages 62033-62034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8789]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Noise Compatibility Program; Orlando Sanford 
International Airport, Sanford, FL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the noise compatibility program modification submitted by 
the Sanford 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 nonfederal 
responsibilities in Senate Report No. 96-52 (1980). On June 22, 2005, 
the FAA determined that the noise exposure maps submitted by the 
Sanford Airport Authority under part 150 were in compliance with 
applicable requirements. On August 23, 2006, the FAA approved the 
Orlando Sanford International Airport modification to the noise 
compatibility program. All of the recommended modifications of the 
program were approved. No program elements relating to new or revised 
flight procedures for noise abatement were proposed by the airport 
operator.

DATES: Effective Date: The effective date of the FAA's approval of the 
Orlando Sanford International Airport modification to the noise 
compatibility program is August 23, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Lindy McDowell, Federal Aviation 
Administration, Orlando Airports District Office, 5950 Hazeltine 
National Dr., Suite 400, Orlando, Florida 32822, (407) 812-6331, 
Extension 130. 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 of a modification to the noise compatibility 
program for Orlando Sanford International Airport, effective August 23, 
2006.
    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 Federal Aviation Regulations (FAR) part 150 is a local program, 
not a Federal Program. The FAA does not substitute its judgment for 
that of the airport proprietor with respect to which measure should be 
recommended for action. The FAA's approval or disapproval of FAR part 
150 program recommendations is measured according to the standards 
expressed in 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 FAR part 150;

[[Page 62034]]

    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 non-compatible 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 FAR 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 Orlando, Florida.
    Sanford Airport Authority submitted to the FAA on January 6, 2006, 
the noise exposure maps, descriptions, and other documentation produced 
during the noise compatibility modification study conducted from March 
8, 2004, through January 6, 2006. The Orlando Sanford International 
Airport noise exposure maps, submitted to the FAA on June 9, 2005, were 
determined by FAA to be in compliance with applicable requirements on 
June 22, 2005. Notice of this determination was published in the 
Federal Register on June 22, 2005.
    The Orlando Sanford International Airport study contains a proposed 
modification to the noise compatibility program comprised of actions 
designed for phased implementation by airport management and adjacent 
jurisdictions from 2004 to the year 2009. It was requested that FAA 
evaluate and approve this material as a noise compatibility program 
modification as described in section 47504 of the Act. The FAA began 
its review of the program modification on March 3, 2006, and was 
required by a provisions 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 program contained one (1) proposed action for noise 
mitigation off the airport. The FAA completed its review and determined 
that the procedural and substantive requirements of the Act and FAR 
Part 150 have been satisfied. The overall program modification, 
therefore, was approved by the FAA effective August 23, 2006.
    Outright approval was granted for all of the specific program 
elements. Approved actions include a modification to Land Use Measure H 
in which the airport proposes additional acquisition for noise 
abatement purposes those areas that are identified as non-compatible 
land uses and located in the 65 DNL noise contour in the updated NEM 
(2004).
    These determinations are set forth in detail in a Record of 
Approval signed by the FAA on August 23, 2006. The Record of Approval, 
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 Sanford Airport Authority. The 
Record of Approval also will be available on-line at https://
www.faa.gov/arp/environmental/14cfr150/index14.cfm.

    Issued in Orlando, Florida on September 28, 2006.
W. Dean Stringer,
Manager, Orlando Airports District Office.
[FR Doc. 06-8789 Filed 10-19-06; 8:45 am]
BILLING CODE 4910-13-M