Submission for OMB Review; Comment Request, 8624-8625 [E6-2297]

Download as PDF 8624 Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Notices February 8, 2006, indicating that the State had no comments regarding the NRC Environmental Assessment for the release of the DVA’s Danville, Illinois facility. For the Nuclear Regulatory Commission. Jamnes L. Cameron, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E6–2327 Filed 2–16–06; 8:45 am] II. Finding of No Significant Impact BILLING CODE 7590–01–P On the basis of the EA in support of the proposal to allow the DVA to release the site for unrestricted use, the NRC has determined that the proposed action will not have a significant effect on the quality of the human environment. Thus, the NRC has not prepared an environmental impact statement for the proposed action. sroberts on PROD1PC70 with NOTICES Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/ reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr@nrc.gov. The documents and ADAMS accession numbers related to this notice are: 1. E. Lynn McGuire, Department of Veterans Affairs, letter to U.S. Nuclear Regulatory Commission, November 18, 2005 (ADAMS Accession No. ML053260120). 2. U.S. Nuclear Regulatory Commission, ‘‘Environmental Review Guidance for Licensing Actions Associated with NMSS Programs,’’ NUREG–1748, August 2003. 3. U.S. Nuclear Regulatory Commission, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities,’’ NUREG–1496, August 1994. 4. NRC, NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance,’’ Volumes 1–3, September 2003. Documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois, this 9th day of February, 2006. VerDate Aug<31>2005 18:51 Feb 16, 2006 Jkt 208001 POSTAL RATE COMMISSION Facility Tour Postal Rate Commission. Notice of Commission tour. AGENCY: ACTION: SUMMARY: Postal Rate Commissioners and advisory staff members will tour a Netflix facility in Rockville, Maryland on February 15, 2006. The purpose of the tour is to observe operations. DATES: February 25, 2006. FOR FURTHER INFORMATION CONTACT: Steven Williams, Secretary, Postal Rate Commission, (202) 789–6842. Steven W. Williams, Secretary. [FR Doc. 06–1540 Filed 2–16–06; 8:45 am] BILLING CODE 7710–FW–M SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extension: Rule 11a1–1(T); OMB Control No. 3235– 0478; SEC File No. 270–428. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) has submitted to the Office of Management and Budget requests for extension of the previously approved collection of information discussed below. Rule 11a1–1(T)—Transactions Yielding Priority, Parity, and Precedence On January 27, 1976, the Commission adopted Rule 11a1–1(T) under the Securities Exchange Act of 1934 (‘‘Exchange Act’’) to certain exempt transactions of exchange members for their own accounts that would otherwise be prohibited under Section 11(a) of the Exchange Act. The rule provides that a member’s proprietary order may be executed on the exchange of which the trader is a member, if, among other things: (1) The member PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 discloses that a bid or offer for its account is for its account to any member with whom such bid or offer is placed or to whom it is communicated; (2) any such member through whom that bid or offer is communicated discloses to others participating in effecting the order that it is for account of a member; and (3) immediately before executing the order, a member (other than a specialist in such security) presenting any order for the account of a member on the exchange clearly announces or otherwise indicates to the specialist and to other members then present that he is presenting an order for the account of a member. Without these requirements, it would not be possible for the Commission to monitor its mandate under the Exchange Act to promote fair and orderly markets and ensure that exchange members have, as the principle purpose of their exchange memberships, the conduct of a public securities business. There are approximately 1,000 respondents that require an aggregate total of 333 hours to comply with this rule. Each of these approximately 1,000 respondents makes an estimated 20 annual responses, for an aggregate of 20,000 responses per year. Each response takes approximately 1 minute to complete. Thus, the total compliance burden per year is 333 hours (20,000 minutes/60 minutes per hour = 333 hours). The approximate cost per hour is $100, resulting in a total cost of compliance for the respondents of $33,333 (333 hours @ $100). Compliance with Rule 11a1–1(T) is necessary for exchange members to make transactions for their own accounts under a specific exemption from the general prohibition of such transactions under Section 11(a) of the Exchange Act. Compliance with Rule 11a1–1(T) does not involve the collection of confidential information. Rule 11a1–1(T) does not have a record retention requirement per se. However, responses made pursuant to Rule 11a1– 1(T) are subject to the recordkeeping requirements of Rules 17a–3 and 17a–4. Please note that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number. Written comments regarding the above information should be directed to the following persons: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Building, Washington DC 20503 or by sending an e-mail to David_Rostker@omb.eop.gov; and (ii) R. E:\FR\FM\17FEN1.SGM 17FEN1 Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Notices Corey Booth, Director/Chief Information Officer, Office of Information Technology, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. Comments must be submitted to OMB within 30 days of this notice. Dated: February 7, 2006. Nancy M. Morris, Secretary. [FR Doc. E6–2297 Filed 2–16–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–53271; File No. SR–ISE– 2005–46] Self-Regulatory Organizations; International Securities Exchange, Inc.; Order Approving a Proposed Rule Change Relating to the Operation of Primary Market Maker Memberships February 10, 2006. I. Introduction On September 27, 2005, the International Securities Exchange, Inc. (‘‘ISE’’ 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 amend its rules to increase the maximum number of Primary Market Maker (‘‘PMM’’) memberships that an ISE member may operate from two PMM memberships to three PMM memberships. The proposed rule change was published for comment in the Federal Register on December 6, 2005.3 The Commission received no comment letters regarding the proposal. This order approves the proposed rule change. II. Description of Proposed Rule The Exchange proposes to amend ISE Rule 303(b) to increase from two to three the maximum number of PMM memberships that an ISE member may operate. According to ISE’s Certificate of Incorporation (‘‘Certificate’’) 4 and ISE’s Amended and Restated Constitution (‘‘Constitution’’),5 each PMM membership is represented by a single share of ISE Class B Common Stock, 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Securities Exchange Act Release No. 52856 (November 30, 2005), 70 FR 72684 (December 6, 2005) (‘‘Notice’’). 4 See Article Fourth, Section II(b)(ii)(A) of the Certificate. 5 See Article XIII, Section 13.1 of the Constitution. sroberts on PROD1PC70 with NOTICES 2 17 VerDate Aug<31>2005 18:51 Feb 16, 2006 Jkt 208001 Series B–1, of which there are 10 shares authorized and outstanding.6 ISE represents that it currently has seven PMMs operating the ten PMM memberships; three PMMs each operate two PMM memberships, and the remaining four PMMs each operate one PMM membership. ISE’s Certificate prohibits an ISE member from owning or voting the shares representing more than 20% of any class or series of ISE capital stock.7 Current ISE Rule 303(b) prohibits an ISE member from exercising the trading privileges associated with (i.e., operating) more than one PMM membership, but permits the ISE Board of Directors (‘‘ISE Board’’) to waive this restriction and allow an ISE member (together with its affiliates) to exercise the trading privileges associated with 20% of the outstanding PMM memberships. To waive this restriction, the ISE Board must make a finding of ‘‘good cause.’’ 8 Taken together, ISE’s Certificate and ISE Rule 303(b) currently prohibit an ISE member from owning, voting, or operating more than 20% of the outstanding PMM memberships.9 The proposed rule change would amend ISE Rule 303(b) to increase the maximum number of PMM memberships an ISE member may operate, upon the ISE Board’s approval, from 20% of the outstanding PMM memberships (two PMM memberships) to 30% of the outstanding PMM memberships (three PMM memberships). The proposed rule change also would add proposed Supplementary Material .02 to ISE Rule 303, which would prohibit the ISE Board from approving any such arrangement in which a PMM would gain ownership or voting rights in excess of those permitted under ISE’s Certificate or Constitution. Because the proposal would not alter the 20% ownership and voting limits currently set forth in ISE’s Certificate that apply 6 See Article Fourth, Section II(b)(i) of the Certificate. 7 See Article Fourth, Sections III(a)(ii) and (b)(i) of the Certificate. 8 Supplementary Material .01 to ISE Rule 303 provides that the ISE Board, when making its determination of whether good cause has been shown, the ISE Board must consider whether an operational, business or regulatory need to operate more than one PMM membership has been demonstrated. It further provides that the ISE Board is only allowed to approve the operation of additional PMM memberships when, in its judgment, such action is in the best interest of the Exchange. 9 The Commission notes that ISE recently filed a proposed rule change that would restructure the Exchange but would retain its existing 20% ownership and voting limitations applicable to ISE members as part of the proposed reorganization. See File No. SR–ISE–2006–04. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 8625 to ISE members, the proposal would allow a member to operate up to 30% of the outstanding PMM memberships, upon receiving Board approval, but only in the event that such member did not own or vote more than 20% of such PMM memberships. III. Discussion After careful review, 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.10 In particular, the Commission believes that the proposal is consistent with the requirements of Section 6(b)(5) of the Act,11 which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade and to remove impediments to and perfect the mechanisms of a free and open market and a national market system. The Commission notes that the proposed change to ISE Rule 303(b) would increase the maximum number of PMM memberships that an ISE member could operate from two to three PMM memberships. The provisions of ISE’s Certificate that currently prohibit an ISE member from owning, directly or indirectly, or voting more than 20% of the outstanding shares of any class or series of ISE capital stock would not be altered by this proposal. Rather, in proposed Supplementary Material .02 to ISE Rule 303, the ISE Board would be prohibited from allowing a member to operate a third PMM membership if such an arrangement would violate any ownership and voting limits contained in ISE’s Certificate or Constitution. In essence, the proposal would permit the Board to approve an ISE member to acquire the trading privileges to operate a third PMM membership through a leasing arrangement with an unaffiliated person or entity, where the lessor retains all of the ownership and voting rights associated with that PMM membership. As the Commission has stated previously, a regulatory concern can arise if a member’s interest in an exchange becomes so large as to cast doubt on whether the exchange can fairly and objectively exercise its selfregulatory responsibilities with respect to that member.12 For example, a 10 In approving this 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). 11 15 U.S.C. 78f(b)(5). 12 See Securities Exchange Act Release Nos. 53128 (January 13, 2006), 71 FR 3550 (January 23, E:\FR\FM\17FEN1.SGM Continued 17FEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Notices]
[Pages 8624-8625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2297]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of Filings and Information Services, Washington, 
DC 20549.

Extension:
    Rule 11a1-1(T); OMB Control No. 3235-0478; SEC File No. 270-428.

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') has submitted to the Office of Management 
and Budget requests for extension of the previously approved collection 
of information discussed below.

Rule 11a1-1(T)--Transactions Yielding Priority, Parity, and Precedence

    On January 27, 1976, the Commission adopted Rule 11a1-1(T) under 
the Securities Exchange Act of 1934 (``Exchange Act'') to certain 
exempt transactions of exchange members for their own accounts that 
would otherwise be prohibited under Section 11(a) of the Exchange Act. 
The rule provides that a member's proprietary order may be executed on 
the exchange of which the trader is a member, if, among other things: 
(1) The member discloses that a bid or offer for its account is for its 
account to any member with whom such bid or offer is placed or to whom 
it is communicated; (2) any such member through whom that bid or offer 
is communicated discloses to others participating in effecting the 
order that it is for account of a member; and (3) immediately before 
executing the order, a member (other than a specialist in such 
security) presenting any order for the account of a member on the 
exchange clearly announces or otherwise indicates to the specialist and 
to other members then present that he is presenting an order for the 
account of a member.
    Without these requirements, it would not be possible for the 
Commission to monitor its mandate under the Exchange Act to promote 
fair and orderly markets and ensure that exchange members have, as the 
principle purpose of their exchange memberships, the conduct of a 
public securities business.
    There are approximately 1,000 respondents that require an aggregate 
total of 333 hours to comply with this rule. Each of these 
approximately 1,000 respondents makes an estimated 20 annual responses, 
for an aggregate of 20,000 responses per year. Each response takes 
approximately 1 minute to complete. Thus, the total compliance burden 
per year is 333 hours (20,000 minutes/60 minutes per hour = 333 hours). 
The approximate cost per hour is $100, resulting in a total cost of 
compliance for the respondents of $33,333 (333 hours @ $100).
    Compliance with Rule 11a1-1(T) is necessary for exchange members to 
make transactions for their own accounts under a specific exemption 
from the general prohibition of such transactions under Section 11(a) 
of the Exchange Act. Compliance with Rule 11a1-1(T) does not involve 
the collection of confidential information. Rule 11a1-1(T) does not 
have a record retention requirement per se. However, responses made 
pursuant to Rule 11a1-1(T) are subject to the recordkeeping 
requirements of Rules 17a-3 and 17a-4. Please note that an agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid control 
number.
    Written comments regarding the above information should be directed 
to the following persons: (i) Desk Officer for the Securities and 
Exchange Commission, Office of Information and Regulatory Affairs, 
Office of Management and Budget, Room 10102, New Executive Building, 
Washington DC 20503 or by sending an e-mail to David--
Rostker@omb.eop.gov; and (ii) R.

[[Page 8625]]

Corey Booth, Director/Chief Information Officer, Office of Information 
Technology, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549. Comments must be submitted to OMB within 30 days 
of this notice.

    Dated: February 7, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. E6-2297 Filed 2-16-06; 8:45 am]
BILLING CODE 8010-01-P

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