Self-Regulatory Organizations; Pacific Exchange, Inc.; Order Approving Proposed Rule Change and Amendment No. 1 Thereto To Modify Rate Schedule Retroactively To January 1, 2002 To Cap the Fees on Multiple Options Issues Transfers, 53706-53707 [E5-4928]
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53706
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments on the proposed
rule change were neither solicited nor
received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act13 and paragraph (f)(2) of Rule
19b–4 thereunder 14 because it is
establishing or changing a due, fee, or
other charge applicable only to the
Exchange’s members. 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:
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. Copies of such 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–PCX–2005–101 and should
be submitted on or before September 30,
2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Jonathan G. Katz,
Secretary.
[FR Doc. E5–4921 Filed 9–8–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52371; File No. SR–PCX–
2005–68]
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
Number SR–PCX–2005–101 on the
subject line.
Self-Regulatory Organizations; Pacific
Exchange, Inc.; Order Approving
Proposed Rule Change and
Amendment No. 1 Thereto To Modify
Rate Schedule Retroactively To
January 1, 2002 To Cap the Fees on
Multiple Options Issues Transfers
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–9303.
All submissions should refer to File
Number SR–PCX–2005–101. 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
amendments, all written statements
with respect to the proposed rule
change that are filed with the
On May 13, 2005, the Pacific
Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to modify its rate schedule
retroactively to January 1, 2002 to cap
the fees on multiple options issues
transfers. The Exchange amended the
proposal on July 1, 2005.3 The proposed
rule change, as amended, was published
for notice and comment in the Federal
Register on July 27, 2005.4 The
Commission did not receive comments
13 15
14 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
VerDate Aug<18>2005
15:19 Sep 08, 2005
Jkt 205001
August 31, 2005.
15 CFR
200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Amendment No. 1 replaced and superseded the
original proposal.
4 See Securities Exchange Act Release No. 52090
(July 20, 2005), 70 FR 43492.
1 15
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
on the proposal. This order approves the
proposed rule change, as amended.
PCX proposes to cap the fees on
multiple options issues transfers.
Currently, PCX charges a Lead Market
Maker (‘‘LMM’’) that has been allocated
an options issue $1,000 per issue if the
LMM transfers the options issue to
another LMM.5 PCX originally adopted
the fee to help offset its administrative
and technological costs related to
transferring an options issue. While PCX
believes it is still accurate to charge
$1,000 for the transfer of one issue,
when multiple issues are transferred as
part of a single transaction, the overall
costs of PCX associated with the transfer
may be reduced. When multiple issues
are transferred as part of a single
transaction, PCX believes that charging
the full $1,000 on every transferred
issue with no limit to the total charges
is not the original intent of the transfer
fee.
PCX proposes to continue charging
$1,000 per issue transferred, but cap the
fee at $15,000 for the first one hundred
issues transferred, and $5,000 for every
one hundred (or any part of) additional
issues transferred. To qualify for the rate
cap, all transfers must be deemed to be
part of a single transaction and meet the
PCX Transfer of Issues Guidelines. The
new fee cap would allow PCX to more
accurately assess an LMM the
technological and administrative costs
associated with the transfer of allocated
issues. PCX proposes to make this fee
effective retroactive to January 1, 2002,
the date the transfer fee was first
effective, so that it would have the
ability to make any adjustments it
deems necessary to allow previous
charges to properly reflect the true
intent of the transfer fee. Further, PCX
represented that it would review all past
transfers to determine if any
adjustments are warranted pursuant to
the proposed rate schedule.
After careful review of the proposed
rule change, as amended, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.6
Specifically, the Commission believes
that the proposed rule change is
consistent with Section 6(b)(4) of the
Act,7 in that it provides for the equitable
5 According to PCX, options issue transfers are
conducted in accordance with PCX Transfer of
Issues Guidelines. See PCX Regulatory Information
Bulletin RBO–03–09 (August 11, 2003).
6 In approving the proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
7 15 U.S.C. 78f(b)(4).
E:\FR\FM\09SEN1.SGM
09SEN1
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices
allocation of reasonable dues, fees, and
other charges among the Exchange’s
members. The Commission believes that
the proposal should allow the Exchange
to more accurately charge LMMs the
Exchange’s true costs when multiple
options issues are transferred. Further,
the Commission believes that by making
the proposal retroactive to January 1,
2002, the Exchange could make
adjustments to past transfers in
accordance with the original intent of
the fee.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,8 that the
proposed rule change (SR–PCX–2005–
68) and Amendment No. 1 are
approved.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.9
Jonathan G. Katz,
Secretary.
[FR Doc. E5–4928 Filed 9–8–05; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
State Court Decision Affecting
Recordation of Artisan Liens
Federal Aviation
Administration, DOT.
ACTION: Notice.
AGENCY:
SUMMARY: Consistent with Agency
policy, the Federal Aviation
Administration (FAA) gives notice of
the holding in Creation Aviation, Inc.,
vs. Textron Financial Corporation,
Florida District Court of Appeal, Fourth
District, No. 4D04–2178, decided on
April 27, 2005. The Court in Creston
held that Federal law pertaining to
recording with the FAA Aircraft
Registry did not preempt a Florida
statute requiring that an artisan lien for
work on an aircraft first be filed in the
county where the work was performed
in order to enforce the lien under
Florida law. Accordingly, the FAA is
advising the public that recording an
artisan lien with the FAA Aircraft
Registry only, may be insufficient to
enforce an artisan lien under Florida
law.
FOR FURTHER INFORMATION CONTACT:
Joseph R. Standell, Aeronautical Center
Counsel, Monroney Aeronautical Center
(AMC–7), Federal Aviation
Administration, 6500 S. MacArthur,
Oklahoma City, OK 73169; Telephone
(405) 954–3296.
8 15
9 17
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
VerDate Aug<18>2005
15:19 Sep 08, 2005
Jkt 205001
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 44107, the FAA
maintains an aircraft registry that
records ‘‘conveyances that affect an
interest in civil aircraft of the United
States.’’
The FAA published notice in the
Federal Register that the FAA Aircraft
Registry would record artisan liens on
aircraft that met the minimum
requirements of state statute. The notice
stated that, for aircraft, ‘‘there is Federal
preemption of place of filing: The FAA
Aircraft Registry at Oklahoma City.’’ 46
FR 61528, December 17, 1981. The sole
purpose of that notice was to set out the
criteria for recording artisan liens with
the FAA Aircraft Registry.
Florida Statues, F.S.A. 329.01,
requires all liens of affecting civil
aircraft to be filed with the Federal
Aviation Administration. F.S.A. 329.51
provides that aircraft liens are
enforceable provided the lienor records
a verified lien notice with the clerk of
the circuit court in the county where the
aircraft was located when services were
furnished.
In Creston, a fixed base operator
attempted to foreclose a mechanic’s lien
that had been filed and recorded with
the FAA consistent with 49 U.S.C.
44107 and F.S.A. 329.01. However, the
Florida Court of Appeal held that the
fixed base operator’s failure to file a
notice of lien in the county where the
work was performed rendered the lien
unenforceable under state law.
The Florida Court of Appeal did not
accept the fixed base operator’s
argument that state or local filing
requirements contained in F.S.A. 329.51
were preempted by Federal law. The
Court in Creston cited Holiday Airlines
Corporation v. Pacific Propeller, Inc.,
620 F.2d 731 (1980), which had similar
facts. The Court in Holiday held that a
lien filed with the FAA was enforceable,
notwithstanding a lienor’s failure to file
in the State of Washington. The Court
held that the ‘‘federal recording statute,
and rules implementing it, clearly
preempt the filing requirements of
Washington law.’’ On the other hand,
the Court in Holiday held that ‘‘matters
touching on the validity of liens are
determined by underlying State law.’’
The Florida Court of Appeal accepted
the argument that until a lien on a civil
aircraft is recorded with the FAA
Aircraft Registry, it is valid only against
those persons with actual notice and
their heirs and devises and that after the
lien is filed with the FAA, it is valid
against all persons. However, the Court
determined that the State of Florida is
not precluded from imposing
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
53707
requirements, including local filing
requirements that affect the
enforceability of aircraft liens in Florida.
Interested parties may wish to
research state lien statutes to determine
if local requirements affect
enforceability of artisan liens recorded
with the FAA.
Issued in Oklahoma City on September 1,
2005.
Joseph R. Standell,
Aeronautical Center Counsel.
[FR Doc. 05–17835 Filed 9–8–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2005–53]
Petitions for Exemption; Summary of
Petitions Received
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petitions for
exemption received.
AGENCY:
SUMMARY: Pursuant to FAA’s rulemaking
provisions governing the application,
processing, and disposition of petitions
for exemption part 11 of Title 14, Code
of Federal Regulations (14 CFR), this
notice contains a summary of certain
petitions seeking relief from specified
requirements of 14 CFR. The purpose of
this notice is to improve the public’s
awareness of, and participation in, this
aspect of FAA’s regulatory activities.
Neither publication of this notice nor
the inclusion or omission of information
in the summary is intended to affect the
legal status of any petition or its final
disposition.
DATES: Comments on petitions received
must identify the petition docket
number involved and must be received
on or before September 29, 2005.
ADDRESSES: You may submit comments
[identified by DOT DMS Docket Number
FAA–2005–22172 and FAA–2005–
21814] by any of the following methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53706-53707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4928]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-52371; File No. SR-PCX-2005-68]
Self-Regulatory Organizations; Pacific Exchange, Inc.; Order
Approving Proposed Rule Change and Amendment No. 1 Thereto To Modify
Rate Schedule Retroactively To January 1, 2002 To Cap the Fees on
Multiple Options Issues Transfers
August 31, 2005.
On May 13, 2005, the Pacific Exchange, Inc. (``PCX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to modify its rate schedule retroactively to
January 1, 2002 to cap the fees on multiple options issues transfers.
The Exchange amended the proposal on July 1, 2005.\3\ The proposed rule
change, as amended, was published for notice and comment in the Federal
Register on July 27, 2005.\4\ The Commission did not receive comments
on the proposal. This order approves the proposed rule change, as
amended.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Amendment No. 1 replaced and superseded the original
proposal.
\4\ See Securities Exchange Act Release No. 52090 (July 20,
2005), 70 FR 43492.
---------------------------------------------------------------------------
PCX proposes to cap the fees on multiple options issues transfers.
Currently, PCX charges a Lead Market Maker (``LMM'') that has been
allocated an options issue $1,000 per issue if the LMM transfers the
options issue to another LMM.\5\ PCX originally adopted the fee to help
offset its administrative and technological costs related to
transferring an options issue. While PCX believes it is still accurate
to charge $1,000 for the transfer of one issue, when multiple issues
are transferred as part of a single transaction, the overall costs of
PCX associated with the transfer may be reduced. When multiple issues
are transferred as part of a single transaction, PCX believes that
charging the full $1,000 on every transferred issue with no limit to
the total charges is not the original intent of the transfer fee.
---------------------------------------------------------------------------
\5\ According to PCX, options issue transfers are conducted in
accordance with PCX Transfer of Issues Guidelines. See PCX
Regulatory Information Bulletin RBO-03-09 (August 11, 2003).
---------------------------------------------------------------------------
PCX proposes to continue charging $1,000 per issue transferred, but
cap the fee at $15,000 for the first one hundred issues transferred,
and $5,000 for every one hundred (or any part of) additional issues
transferred. To qualify for the rate cap, all transfers must be deemed
to be part of a single transaction and meet the PCX Transfer of Issues
Guidelines. The new fee cap would allow PCX to more accurately assess
an LMM the technological and administrative costs associated with the
transfer of allocated issues. PCX proposes to make this fee effective
retroactive to January 1, 2002, the date the transfer fee was first
effective, so that it would have the ability to make any adjustments it
deems necessary to allow previous charges to properly reflect the true
intent of the transfer fee. Further, PCX represented that it would
review all past transfers to determine if any adjustments are warranted
pursuant to the proposed rate schedule.
After careful review of the proposed rule change, as amended, the
Commission finds that the proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\6\ Specifically, the
Commission believes that the proposed rule change is consistent with
Section 6(b)(4) of the Act,\7\ in that it provides for the equitable
[[Page 53707]]
allocation of reasonable dues, fees, and other charges among the
Exchange's members. The Commission believes that the proposal should
allow the Exchange to more accurately charge LMMs the Exchange's true
costs when multiple options issues are transferred. Further, the
Commission believes that by making the proposal retroactive to January
1, 2002, the Exchange could make adjustments to past transfers in
accordance with the original intent of the fee.
---------------------------------------------------------------------------
\6\ In approving the proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-PCX-2005-68) and Amendment
No. 1 are approved.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jonathan G. Katz,
Secretary.
[FR Doc. E5-4928 Filed 9-8-05; 8:45 am]
BILLING CODE 8010-01-P