National Surface Transportation Infrastructure Financing Commission, 8736-8737 [E8-2678]

Download as PDF 8736 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices reduction in the duration of the trading session is appropriate at this time. In connection with the proposed rule change adopting Phlx Rule 101, the Exchange committed to make future filings under Section 19(b)(3)(A) of the Act 7 any time it expands or changes FCO trading hours in connection with Phlx Rule 101.8 The Exchange intends to notify its membership of the change in trading hours for physical delivery FCOs by issuing a circular to members. The new trading hours for physical delivery FCOs will be in effect beginning February 4, 2008. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,9 in general, and furthers the objectives of Section 6(b)(5) of the Act,10 in particular, because it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of 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 Exchange does not believe that the proposed rule change will impose any burden on competition 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 No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has become effective pursuant to Section 19(b)(3)(A)(i) of the Act 11 and Rule 19b–4(f)(1) 12 thereunder, because it 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 rwilkins on PROD1PC63 with NOTICES 7 15 U.S.C. 78s(b)(3)(A). Securities Exchange Act Release No. 26087 (September 16, 1988), 53 FR 36930 (September 22, 1988) (SR–Phlx–88–25). 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). 11 15 U.S.C. 78s(b)(3)(A)(i). 12 17 CFR 240.19b–4(f)(1). 8 See VerDate Aug<31>2005 16:49 Feb 13, 2008 Jkt 214001 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 (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File No. SR–Phlx–2008–09 on the subject line. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 Florence E. Harmon, Deputy Secretary. [FR Doc. E8–2751 Filed 2–13–08; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF TRANSPORTATION [Docket No. OST–2007–27407] National Surface Transportation Infrastructure Financing Commission Department of Transportation (DOT). ACTION: Notice of meeting location and time. AGENCY: SUMMARY: This notice lists the location and time of the ninth meeting of the National Surface Transportation Paper Comments Infrastructure Financing Commission. • Send paper comments in triplicate FOR FURTHER INFORMATION CONTACT: John to Nancy M. Morris, Secretary, V. Wells, Chief Economist, U.S. Securities and Exchange Commission, Department of Transportation, (202) Station Place, 100 F Street, NE., 366–9224, jack.wells@dot.gov. Washington, DC 20549–1090. SUPPLEMENTARY INFORMATION: By All submissions should refer to File Federal Register Notice dated March 12, Number SR–Phlx–2008–09. This file 2007, and in accordance with the number should be included on the requirements of the Federal Advisory subject line if e-mail is used. To help the Committee Act (‘‘FACA’’) (5 U.S.C. App. Commission process and review your 2) and the Safe, Accountable, Flexible, comments more efficiently, please use Efficient Transportation Equity Act: A only one method. The Commission will Legacy for Users (‘‘SAFETEA–LU’’) post all comments on the Commission’s (Pub. L. 109–59, 119 Stat. 1144), the Internet Web site (https://www.sec.gov/ U.S. Department of Transportation (the rules/sro.shtml). Copies of the ‘‘Department’’) issued a notice of intent submission, all subsequent to form the National Surface amendments, all written statements Transportation Infrastructure Financing with respect to the proposed rule Commission (the ‘‘Financing change that are filed with the Commission’’). Section 11142(a) of Commission, and all written SAFETEA–LU established the National communications relating to the Surface Transportation Infrastructure proposed rule change between the Financing Commission and charged it Commission and any person, other than with analyzing future highway and those that may be withheld from the transit needs and the finances of the public in accordance with the Highway Trust Fund and with making provisions of 5 U.S.C. 552, will be recommendations regarding alternative available for inspection and copying in approaches to financing surface the Commission’s Public Reference transportation infrastructure. Room, 100 F Street, NE., Washington, Notice of Meeting Location and Time DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. The Commissioners have agreed to Copies of such filing also will be hold their ninth meeting from 8:30 a.m. available for inspection and copying at to 4 p.m. on Wednesday, March 5, 2008. the principal office of the Phlx. All The meeting will be open to the public comments received will be posted and is scheduled to take place at the without change; the Commission does Department’s headquarters building, not edit personal identifying located at 1200 New Jersey Avenue, SE., information from submissions. You Washington, DC 20590, in Conference should submit only information that Room W82–302. you wish to make available publicly. All If you need accommodations because submissions should refer to File of a disability or require additional Number SR–Phlx–2008–09 and should information to attend this meeting, be submitted on or before March 6, 2008. 13 17 CFR 200.30–3(a)(12). PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices please contact John V. Wells, Chief Economist, U.S. Department of Transportation, (202) 366–9224, jack.wells@dot.gov. John V. Wells, Chief Economist, U.S. Department of Transportation, Designated Federal Official. [FR Doc. E8–2678 Filed 2–13–08; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2007–29320] Operating Limitations at John F. Kennedy International Airport; Notice of Order Department of Transportation, Federal Aviation Administration (FAA). ACTION: Notice of Order. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: The Federal Aviation Administration (FAA) is amending the Order Limiting Scheduled Operations at John F. Kennedy International Airport that published in the Federal Register on January 18, 2008. This amendment corrects technical errors in the Order. Specifically, this amendment clarifies that the use-or-lose provisions of the Order will mirror the IATA Worldwide Scheduling Guidelines; changes the office within the FAA responsible for handling appeals from the Air Traffic Organization to the Office of the Chief Counsel; and provides for a five-day notification period in the event a carrier transfers an operation within a marketing code for irregular operations. This document also clarifies several aspects of the Order without substantively changing the applicable requirements. FOR FURTHER INFORMATION CONTACT: Rebecca MacPherson, Assistant Chief Counsel for Regulations, Office of the Chief Counsel, AGC–200, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267–3073. SUPPLEMENTARY INFORMATION: On January 18, 2008 the FAA published the Order Limiting Scheduled Operations at John F. Kennedy International Airport (JFK) (Order) in the Federal Register (73 FR 3510). The Order establishes a temporary limitation on the number of scheduled operations at JFK. The Acting Administrator of the FAA issued the order as a result of a persistent number of flights above capacity at JFK during the peak operating hours. The FAA intends the Order, as amended today, to relieve the substantial inconvenience to VerDate Aug<31>2005 16:49 Feb 13, 2008 Jkt 214001 the traveling public caused by excessive congestion-related flight delays at the airport, which magnify as they spread through the National Airspace System. Among other things, the order will reduce the average length of delays and provide for a more efficient use of the nation’s airspace. The order takes effect at 6 a.m., Eastern Time, on March 30, 2008, and will expire at 11:59 p.m., Eastern Time, on October 24, 2009. The limits apply to all air carrier and foreign air carrier scheduled operations, excluding helicopters, from 6 a.m., Eastern Time, through 10:59 p.m., Eastern Time. This amendment corrects technical errors in the Order. Specifically, this amendment clarifies that the use-or-lose provisions of the Order will mirror the IATA Worldwide Scheduling Guidelines (WSG); changes the office within the FAA responsible for handling appeals from the Air Traffic Organization to the Office of the Chief Counsel; and provides for a five-day notification period in the event a carrier transfers an operation within a marketing code for irregular operations. This document also clarifies several aspects of the Order without substantively changing the applicable requirements. Changes to the Order Use-or-Lose Provisions As noted in the preamble to the Order published in January 2008, the FAA will calculate use-or-lose based on the WSG. The use-or-lose provision articulated in the Order largely mirrored the approach we have historically taken under the High Density Rule (HDR) 1 and the orders limiting operations at Chicago O’Hare International Airport (ORD) and LaGuardia Airport (LGA). The requirement articulated in the Order was in error, and the language in paragraph nine of the Order has been amended to reflect the agency’s intent. Under a strict seasonal use-or-lose provision, an operation that did not commence until June, or ended in September, would be returned to the slot coordinator for reallocation for the following summer season because the slot would not be used at least 80% of the time. The WSG protects seasonal or newly initiated service by allowing the carrier to declare in advance the stop and start dates of service. Under the WSG, carriers are required to inform the coordinator of their intended summer and winter operations by January 31 and August 31, respectively. Any operations not 1 14 PO 00000 CFR part 93, subpart K. Frm 00096 Fmt 4703 Sfmt 4703 8737 declared by these dates are surrendered and are not given historical status for the subsequent applicable scheduling season. However, they also are not counted against a carrier’s slot holdings when determining use-or-lose. Thus, if a carrier were to advise the FAA that it would commence operations on June 1, 2008 and cease those operations on August 31, the only timeframe for determining use-or-lose would be June 1 through August 31, even though the summer scheduling season runs from March 30 to October 25. Assuming the carrier conducted enough flights under an Operating Authorization (OA) in the June through August timeframe to receive historical recognition, it would be given the OA for summer 2009 from June 1 through August 31. The FAA believes this approach has merit. A strict seasonal use-or-lose policy would require carriers to operate flights on the shoulders of a scheduling season just to assure they would not lose the related OA. This unnecessary service would have the effect of increasing congestion during the spring and fall. Accordingly, we are amending the Order to specify that for purposes of use-or-lose and historical allocation for subsequent seasons, carriers must tell the FAA when a particular operation will start and stop. Because it is too late to meet the submission date specified in the WSG for summer 2008, carriers who wish to have less than the entire summer season subject to the use-orlose provision must report usage for this upcoming summer by February 29, 2008. Carriers are encouraged to submit information on all service scheduled for summer 2009 by February 29, to assist the FAA in finalizing schedules as soon as possible. Notification to the FAA for winter 2008/2009 and summer 2009 schedules will follow the WSG. For purposes of the winter 2008/2009 scheduling season, historic usage rights will be determined by the appendix to the Order since there were no capacity restraints at JFK in the 2007 winter scheduling season. The FAA will receive initial schedule requests for the winter 2008/2009 scheduling season by the May 15 deadline and coordinate with carriers at the June 2008 IATA Schedules Conference. Paragraph nine of the Order also requires carriers to report on usage within 14 days for every two-month reporting period. Since the WSG use-orlose requirement applies to an entire scheduling season, there is no need for carriers to report to the FAA every two months. That requirement has been changed. First, the FAA does not believe it needs reports every two months. One E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Notices]
[Pages 8736-8737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2678]


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DEPARTMENT OF TRANSPORTATION

[Docket No. OST-2007-27407]


National Surface Transportation Infrastructure Financing 
Commission

AGENCY: Department of Transportation (DOT).

ACTION: Notice of meeting location and time.

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SUMMARY: This notice lists the location and time of the ninth meeting 
of the National Surface Transportation Infrastructure Financing 
Commission.

FOR FURTHER INFORMATION CONTACT: John V. Wells, Chief Economist, U.S. 
Department of Transportation, (202) 366-9224, jack.wells@dot.gov.

SUPPLEMENTARY INFORMATION: By Federal Register Notice dated March 12, 
2007, and in accordance with the requirements of the Federal Advisory 
Committee Act (``FACA'') (5 U.S.C. App. 2) and the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(``SAFETEA-LU'') (Pub. L. 109-59, 119 Stat. 1144), the U.S. Department 
of Transportation (the ``Department'') issued a notice of intent to 
form the National Surface Transportation Infrastructure Financing 
Commission (the ``Financing Commission''). Section 11142(a) of SAFETEA-
LU established the National Surface Transportation Infrastructure 
Financing Commission and charged it with analyzing future highway and 
transit needs and the finances of the Highway Trust Fund and with 
making recommendations regarding alternative approaches to financing 
surface transportation infrastructure.

Notice of Meeting Location and Time

    The Commissioners have agreed to hold their ninth meeting from 8:30 
a.m. to 4 p.m. on Wednesday, March 5, 2008. The meeting will be open to 
the public and is scheduled to take place at the Department's 
headquarters building, located at 1200 New Jersey Avenue, SE., 
Washington, DC 20590, in Conference Room W82-302.
    If you need accommodations because of a disability or require 
additional information to attend this meeting,

[[Page 8737]]

please contact John V. Wells, Chief Economist, U.S. Department of 
Transportation, (202) 366-9224, jack.wells@dot.gov.

John V. Wells,
Chief Economist, U.S. Department of Transportation, Designated Federal 
Official.
[FR Doc. E8-2678 Filed 2-13-08; 8:45 am]
BILLING CODE 4910-9X-P

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