Approval of Amendment to Noise Compatibility Program Mobile Regional Airport, Mobile, AL, 9122-9123 [E9-4349]

Download as PDF 9122 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 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 the proposed rule change will provide greater clarity to members and the public regarding FINRA’s rules. 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 erowe on PROD1PC63 with NOTICES Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days after the date of filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 9 and subparagraph (f)(6) of Rule 19b–4 thereunder.10 As required under Rule 19b–4(f)(6)(iii),11 FINRA provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the filing of the proposed rule change. A proposed rule change filed under Rule 19b–4(f)(6) normally may not become operative prior to the 30th day after the date of filing.12 However, Rule 19b–4(f)(6)(iii) 13 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. FINRA requested that the Commission waive the 30-day operative delay and designate the proposed rule change to become operative upon filing so that FINRA could implement the proposed rule change on February 17, 2009, the same date on which certain of 9 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6)(iii). 12 See id. 13 Id. 10 17 VerDate Nov<24>2008 12:24 Feb 27, 2009 the previously approved rule changes relating the Consolidated FINRA Rulebook will be implemented. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. In particular, the Commission does not believe that the proposed rule change presents any novel issues. The proposed rule change makes non-substantive changes to update FINRA rules in the Consolidated FINRA Rulebook to reflect changes to FINRA rules previously published for comment by the Commission. Accordingly, the Commission designates the proposed rule change to be operative upon filing with the Commission.14 At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the 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 (https://www.sec.gov/rules/sro.shtml); or • Send an e-mail to rule-comments@sec.gov. Please include File Number SR–FINRA–2009–005 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–2009–005. 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 (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent 14 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). Jkt 217001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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 the 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 SR–FINRA– 2009–005 and should be submitted on or before March 23, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.15 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–4300 Filed 2–27–09; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Amendment to Noise Compatibility Program Mobile Regional Airport, Mobile, AL AGENCY: Federal Aviation Administration, DOT. ACTION: Notice. SUMMARY: The Federal Aviation Administration (FAA) announces its findings on the Noise Compatibility Program submitted by the Mobile 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 non-Federal responsibilities in Senate Report No. 96–52 (1980). On May 1, 2006, the FAA determined that the noise exposure maps submitted by the Mobile Airport Authority under Part 150 were in compliance with applicable requirements. On October 26, 2006, the FAA approved the Mobile Regional Airport noise compatibility program. 15 17 E:\FR\FM\02MRN1.SGM CFR 200.30–3(a)(12). 02MRN1 erowe on PROD1PC63 with NOTICES Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices Most of the recommendations of the program were approved. On August 29, 2008, the Mobile Airport Authority requested approval to revise two of the ten approved proposed action measures. EFFECTIVE DATE: The effective date of the FAA’s approval of the Mobile Regional Airport Noise Compatibility Program Update is February 18, 2009. FOR FURTHER INFORMATION CONTACT: Kevin Morgan, Federal Aviation Administration, Jackson Airports District Office, 100 West Cross Street, Suite B, Jackson, Mississippi 39208– 2307, phone number: (601) 664–9891. 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 Update for Mobile Regional Airport, effective February 18, 2009. 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 Title 14 Code of Federal Regulations (CFR) Part 150 is a local program, not a Federal Program. The FAA does not substitute its judgment for that of the airport operator with respect to which measure should be recommended for action. The FAA’s approval or disapproval of 14 CFR Part 150 program recommendations is measured according to the standards expressed in 14 CFR 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 14 CFR Part 150; 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 VerDate Nov<24>2008 12:24 Feb 27, 2009 Jkt 217001 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 14 CFR 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 Jackson, Mississippi. Mobile Airport Authority submitted to the FAA on December 30, 2005, the Noise Exposure Maps, descriptions, and other documentation produced during the noise compatibility planning study conducted from 2003, through December 2005. The Mobile Regional Airport Noise Exposure Maps were determined by FAA to be in compliance with applicable requirements on May 1, 2006. Notice of this determination was published in the Federal Register on May 18, 2006. The Mobile Regional Airport study contains a proposed Noise Compatibility Program comprised of actions designed for phased implementation by airport management and adjacent jurisdictions from the 2006 to 2011 and beyond. It was requested that FAA evaluate and approve an amendment to this material as a Noise Compatibility Program as described in Section 47504 of the Act. The FAA began its review of the updated Program on August 29, 2008, and was required by a provision 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 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 9123 within the 180-day period shall be deemed to be an approval of such program. The submitted amended program contained two (2) revised proposed actions for noise mitigation off the airport. The FAA completed its review and determined that the procedural and substantive requirements of the Act and 14 CFR Part 150 have been satisfied. The updated program, therefore, was approved by the FAA effective February 18, 2009. Outright approval was granted for both of the revised specific program elements. These determinations are set forth in detail in a Record of Approval Amendment signed by the FAA on February 18, 2009. The Record of Approval Amendment, 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 Mobile Airport Authority. The Record of Approval Amendment also will be available on-line at: https://www.faa.gov/ airports_airtraffic/airports/ environmental/airport_noise/part_150/ states/. Issued in Jackson, Mississippi on February 23, 2009. Rans Black, Manager, Jackson Airports District Office, Southern Region. [FR Doc. E9–4349 Filed 2–27–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Seventh Meeting, Special Committee 214: Standards for Air Traffic Data Communication Services, Working Group 78 (WG–78) AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Special Committee 214, Standards for Air Traffic Data Communication Services. SUMMARY: The FAA is issuing this notice to advise the public of a meeting of the RTCA Special Committee 214, Standards for Air Traffic Data Communication Services. DATES: The meeting will be held March 30–April 3 from 9 a.m.–5 p.m. ADDRESSES: The meeting will be held at General Dynamics, 8201 East McDowell Rd., Scottsdale, AZ 85257, USA. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., Appendix 2), notice is E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 74, Number 39 (Monday, March 2, 2009)]
[Notices]
[Pages 9122-9123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4349]


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

Federal Aviation Administration


Approval of Amendment to Noise Compatibility Program Mobile 
Regional Airport, Mobile, AL

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings on the Noise Compatibility Program submitted by the Mobile 
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 non-Federal responsibilities in Senate 
Report No. 96-52 (1980). On May 1, 2006, the FAA determined that the 
noise exposure maps submitted by the Mobile Airport Authority under 
Part 150 were in compliance with applicable requirements. On October 
26, 2006, the FAA approved the Mobile Regional Airport noise 
compatibility program.

[[Page 9123]]

Most of the recommendations of the program were approved. On August 29, 
2008, the Mobile Airport Authority requested approval to revise two of 
the ten approved proposed action measures.

Effective Date: The effective date of the FAA's approval of the Mobile 
Regional Airport Noise Compatibility Program Update is February 18, 
2009.

FOR FURTHER INFORMATION CONTACT: Kevin Morgan, Federal Aviation 
Administration, Jackson Airports District Office, 100 West Cross 
Street, Suite B, Jackson, Mississippi 39208-2307, phone number: (601) 
664-9891. 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 Update for 
Mobile Regional Airport, effective February 18, 2009.
    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 Title 14 Code of Federal Regulations (CFR) Part 150 is a local 
program, not a Federal Program. The FAA does not substitute its 
judgment for that of the airport operator with respect to which measure 
should be recommended for action. The FAA's approval or disapproval of 
14 CFR Part 150 program recommendations is measured according to the 
standards expressed in 14 CFR 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 14 CFR Part 150;
    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 14 CFR 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 Jackson, 
Mississippi.
    Mobile Airport Authority submitted to the FAA on December 30, 2005, 
the Noise Exposure Maps, descriptions, and other documentation produced 
during the noise compatibility planning study conducted from 2003, 
through December 2005. The Mobile Regional Airport Noise Exposure Maps 
were determined by FAA to be in compliance with applicable requirements 
on May 1, 2006. Notice of this determination was published in the 
Federal Register on May 18, 2006.
    The Mobile Regional Airport study contains a proposed Noise 
Compatibility Program comprised of actions designed for phased 
implementation by airport management and adjacent jurisdictions from 
the 2006 to 2011 and beyond. It was requested that FAA evaluate and 
approve an amendment to this material as a Noise Compatibility Program 
as described in Section 47504 of the Act.
    The FAA began its review of the updated Program on August 29, 2008, 
and was required by a provision 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 amended program contained two (2) revised proposed 
actions for noise mitigation off the airport. The FAA completed its 
review and determined that the procedural and substantive requirements 
of the Act and 14 CFR Part 150 have been satisfied. The updated 
program, therefore, was approved by the FAA effective February 18, 
2009.
    Outright approval was granted for both of the revised specific 
program elements.
    These determinations are set forth in detail in a Record of 
Approval Amendment signed by the FAA on February 18, 2009. The Record 
of Approval Amendment, 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 Mobile 
Airport Authority. The Record of Approval Amendment also will be 
available on-line at: https://www.faa.gov/airports_airtraffic/airports/
environmental/airport_noise/part_150/states/.

    Issued in Jackson, Mississippi on February 23, 2009.
Rans Black,
Manager, Jackson Airports District Office, Southern Region.
[FR Doc. E9-4349 Filed 2-27-09; 8:45 am]
BILLING CODE 4910-13-P

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