[Federal Register: June 19, 2008 (Volume 73, Number 119)]
[Notices]
[Page 34978-34979]
[DOCID:fr19jn08-116]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Receipt of Noise Compatibility Program and Request for Review;
McCarran International Airport, Las Vegas, NV

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces that it is
reviewing a proposed noise compatibility program that was submitted for
McCarran International Airport (LAS) under the provisions of 49 U.S.C.
47504 et seq. (the Aviation Safety and Noise Abatement Act, hereinafter
referred to as ``the Act'') and 14 CFR Part 150 by Clark County,
Nevada. This program was submitted subsequent to a determination by FAA
that associated noise exposure maps submitted under 14 CFR Part 150 for
LAS were in compliance with applicable requirements, effective July 10,
2007 (72 FR 40357). The proposed noise compatibility program will be
approved or disapproved on or before December 6, 2008.

EFFECTIVE DATE: The effective date of the start of FAA's review of the
noise compatibility program is June 9, 2008. The public comment period
ends August 8, 2008.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Regional
Environmental Protection Specialist, Federal Aviation Administration,
Western Pacific Region, P.O. Box 92007, Los Angeles, CA 90009-2007,
Telephone 310/725-3615. Comments on the proposed noise compatibility
program should also be submitted to the above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA is
reviewing a proposed noise compatibility program for LAS, which will be
approved or disapproved on or before December 6, 2008. This notice also
announces the availability of this program for public review and
comment.
    An airport operator who has submitted noise exposure maps that are
found by FAA to be in compliance with

the requirements of Federal Aviation Regulations (FAR) Part 150,
promulgated pursuant to the Act, may submit a noise compatibility
program for FAA approval which sets forth the measures the operator has
taken or proposes to reduce existing non-compatible uses and prevent
the introduction of additional non-compatible uses.
    The FAA has formally received the noise compatibility program for
LAS, effective on June 9, 2008. The airport operator has requested that
the FAA review this material and that the noise mitigation measures, to
be implemented jointly by the airport and surrounding communities, be
approved as a noise compatibility program under section 47504 of the
Act. Preliminary review of the submitted material indicates that it
conforms to FAR Part 150 requirements for the submittal of noise
compatibility programs, but that further review will be necessary prior
to approval or disapproval of the program. The formal review period,
limited by law to a maximum of 180 days, will be completed on or before
December 6, 2008.
    The FAA's detailed evaluation will be conducted under the
provisions of 14 CFR Part 150, section 150.33. The primary
considerations in the evaluation process are whether the proposed
measures may reduce the level of aviation safety or create an undue
burden on interstate or foreign commerce, and whether they are
reasonably consistent with obtaining the goal of reducing existing non-
compatible land uses and preventing the introduction of additional non-
compatible land uses.
    Interested persons are invited to comment on the proposed program
with specific reference to these factors. All comments relating to
these factors, other than those properly addressed to local land use
authorities, will be considered by the FAA to the extent practicable.
Copies of the noise exposure maps and the proposed noise compatibility
program are available for examination at the following locations:

Federal Aviation Administration, National Headquarters, Planning and
Environmental Division, APP-400, 800 Independence Avenue, SW., Room
615E, Washington, DC 20591;
Federal Aviation Administration, Western-Pacific Region Office,
Airports Division, Room 3012, 15000 Aviation Boulevard, Hawthorne,
California 90261;
Federal Aviation Administration, Western Pacific Region, San Francisco
Airports District Office, 831 Mitten Road, Suite 210, Burlingame,
California 94010;
Randall H. Walker, Director of Aviation, Clark County Department of
Aviation, P.O. Box 11005, Las Vegas, Nevada 89111-1005.

    Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Hawthorne, California on June 9, 2008.
Winsome A. Lenfert,
Acting Manager, Airports Division, AWP-600, Western-Pacific Region.
[FR Doc. E8-13542 Filed 6-18-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: January 6, 2009 (Volume 74, Number 3)]
[Notices]
[Page 486-488]
[DOCID:fr06ja09-81]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59170; File No. SR-NYSEALTR-2008-19]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Alternext US LLC To Amend
Certain Regulatory Fees Applicable to Its Member Organizations

December 29, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on December 24, 2008, NYSE Alternext US LLC (the ``Exchange'' or
``NYSE Alternext'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Alternext proposes to (i) continue to waive registered
representative fees for New York Stock Exchange (``NYSE'') member
organizations that automatically became NYSE Alternext member
organizations by operation of NYSE Alternext Equities Rule 2, and (ii)
revise the examination fees payable by member organizations for which
the Exchange is the Designated Examining Authority (``DEA''). The text
of the proposed rule change is available on the Exchange's Web site
(http://www.nyse.com), at the Exchange's Office of the Secretary, and
at the Commission's Public Reference Room.

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 self-regulatory organization
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. NYSE Alternext
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
    In connection with the acquisition of the American Stock Exchange
(renamed NYSE Alternext US at the time of the acquisition) by NYSE
Euronext, all equities trading conducted on or through the American
Stock Exchange legacy trading systems and facilities located at 86
Trinity Place, New York, New York, was moved on December 1, 2008, to
the NYSE trading facilities and systems located at 11 Wall Street, New
York, New York (the ``NYSE Alternext Trading Systems''), which are
operated by the NYSE on behalf of NYSE Alternext (the ``Equities
Relocation''). At the time of the Equities Relocation, by operation of
NYSE Alternext Equities Rule 2, all NYSE member organizations
automatically became NYSE Alternext member organizations. By acquiring
NYSE Alternext membership, the NYSE member organizations that were not
previously NYSE Alternext members would become subject to the NYSE
Alternext registration fees for all of their employees who serve as
registered representatives. As these NYSE member organizations that had
no NYSE Alternext business prior to the Equities Relocation became NYSE
Alternext members without any action on their own part, NYSE Alternext
waived the application of its registered representative fees to those
firms for the month of December. At that time, NYSE Alternext stated
that it expected to submit a filing to adopt a revised registered
representative fee commencing January 1, 2009.\3\ NYSE Alternext has
not yet determined how best to revise its registration fees in light of
the accession to NYSE Alternext membership of these NYSE member
organizations. As such, NYSE Alternext believes that it is appropriate
to continue for the present its waiver of registered representative
fees payable by member organizations which acquired their membership
automatically in connection with the Equities Relocation. NYSE
Alternext will submit a filing to the Commission at such time as it
wishes to end this waiver. In any event, the current waiver will end by
its terms on June 30, 2009, so NYSE Alternext must submit a filing on
or prior to that date to either adopt a new fee approach or to further
extend the term of the waiver.
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    \3\ See Exchange Act Release 59045 (December 3, 2008), 73 FR
75151 (December 10, 2008) (SR-NYSEALTR-2008-09).
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    NYSE Alternext also proposes to revise its fees payable by member
organizations for which the Exchange is the DEA. Currently, this fee is
set at $0.00040 per dollar of gross revenue subject reported on FOCUS
Report Form X-17A-5, subject to a minimum quarterly payment of (i) $250
for member organizations not in engaged in public business and (ii)
$750 for member organizations that are engaged in public business.
Going forward, for purposes of establishing minimum DEA fees, the
Exchange will no longer distinguish among member organizations on the
basis of whether they are engaged in public business and will instead
categorize them based on whether or not they are clearing firms. The
minimum fee for non-clearing firms will be a monthly fee of $275 ($825
per quarter) and the minimum fee for clearing firms will be a monthly
fee of $1,000 ($3,000 per quarter). The Exchange is also eliminating
the provision that member organizations operating additional entities
subject to the minimum fees are subject to 50% of these minimum fees
for each additional entity. As a consequence, these additional entities
will be subject to the full minimum fee going forward. The Exchange is
not making any change to the $0.00040 per dollar of gross revenue
charge. The revisions proposed in this filing make the Exchange's DEA
fees identical to those charged by the Chicago Board Options Exchange
(``CBOE'') and more reflective of the costs the Exchange incurs in
connection with its role as DEA.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 \4\ of the Act in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. The Exchange believes that the proposal does not
constitute an inequitable allocation of dues, fees and other charges as
(i) the same DEA fees will be charged to all member organizations and
(ii) the waiver of registered representative fees applies only to firms
that became Alternext member organizations automatically without any
action on their part and in spite of the fact that they did not conduct
any Alternext business.
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    \4\ 15 U.S.C. 78f.
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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 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 neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \5\ of the Act and Rule 19b-4(f)(2) \6\ thereunder.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the 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<EMAIL_ADDRESS>Please include
File Number SR-NYSEALTR-2008-19 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEALTR-2008-19. 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, 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 the
Exchange. 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-
NYSEALTR-2008-19 and should be submitted on or before January 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-31350 Filed 1-5-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Page 66614]
[FR Doc No: 2021-25511]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Random Drug and Alcohol Testing Percentage Rates of Covered
Aviation Employees for the Period of January 1, 2022, Through December
31, 2022

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA has determined that the minimum random drug and
alcohol testing percentage rates for the period January 1, 2022,
through December 31, 2022, will remain at 25 percent of safety-
sensitive employees for random drug testing and 10 percent of safety-
sensitive employees for random alcohol testing.

FOR FURTHER INFORMATION CONTACT: Ms. Vicky Dunne, Federal Aviation
Administration, Office of Aerospace Medicine, Drug Abatement Division,
Program Policy Branch; Email [email protected]; Telephone (202)
267-8442.

SUPPLEMENTARY INFORMATION:
    Discussion: Pursuant to 14 CFR 120.109(b), the FAA Administrator's
decision on whether to change the minimum annual random drug testing
rate is based on the reported random drug test positive rate for the
entire aviation industry. If the reported random drug test positive
rate is less than 1.00%, the Administrator may continue the minimum
random drug testing rate at 25%. In 2020, the random drug test positive
rate was 0.771%. Therefore, the minimum random drug testing rate will
remain at 25% for calendar year 2022.
    Similarly, 14 CFR 120.217(c), requires the decision on the minimum
annual random alcohol testing rate to be based on the random alcohol
test violation rate. If the violation rate remains less than 0.50%, the
Administrator may continue the minimum random alcohol testing rate at
10%. In 2020, the random alcohol test violation rate was 0.148%.
Therefore, the minimum random alcohol testing rate will remain at 10%
for calendar year 2022.
    If you have questions about how the annual random testing
percentage rates are determined, please refer to the Code of Federal
Regulations Title 14, section 120.109(b) (for drug testing), and
120.217(c) (for alcohol testing).

    Issued in Washington, DC.
Susan Northrup,
Federal Air Surgeon.
[FR Doc. 2021-25511 Filed 11-22-21; 8:45 am]
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