Application of Mokulele Flight Service, Inc. for Certificate Authority, 37974 [E6-10390]
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37974
Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Notices
it previously approved the listing and
trading of the Shares of all of the Funds
on the Amex and the trading, pursuant
to UTP, of the Original Funds on the
Exchange.21 The Commission also finds
that the proposal is consistent with Rule
12f–5 under the Act,22 which provides
that an exchange shall not extend UTP
to a security unless the exchange has in
effect a rule or rules providing for
transactions in the class or type of
security to which the exchange extends
UTP. NYSEArca rules deem the Shares
to be equity securities, thus trading in
the Shares will be subject to the
Exchange’s existing rules governing the
trading of equity securities.
The Commission further believes that
the proposal is consistent with Section
11A(a)(1)(C)(iii) of the Act,23 which sets
forth Congress’s finding that it is in the
public interest and appropriate for the
protection of investors and the
maintenance of fair and orderly markets
to assure the availability to brokers,
dealers, and investors of information
with respect to quotations for and
transactions in securities.
In connection with the Exchange’s
UTP of the Shares of the Subsequent
Funds, the Exchange will cease trading
in the Shares if: (1) The listing market
stops trading the Shares because of a
regulatory halt similar to NYSE Arca
Equities Rule 7.12 or a halt because the
Indicative Partnership Value or the
value of the applicable Underlying
Index is no longer available (at least
every 15 seconds during the trading
day), or the NAV is not disseminated to
all market participants at the same time,
or (b) the listing market delists the
Shares. Additionally, the Exchange may
cease trading the Shares if such other
event shall occur or condition exists
which in the opinion of the Exchange
makes further dealings on the Exchange
inadvisable.
In support of the portion of the
proposed rule change regarding UTP of
the Shares, of the Original Funds, the
Exchange has made the following
representations:
1. The Exchange has appropriate rules
to facilitate transactions in this type of
security in all trading sessions.
2. The Exchange’s surveillance
procedures are adequate to properly
monitor the trading of the Shares on the
Exchange.
3. The Exchange will distribute an
Information Bulletin to its members
prior to the commencement of trading of
the Shares on the Exchange that
17:12 Jun 30, 2006
Jkt 208001
Office of the Secretary
[Docket OST–2005–22935]
Application of Mokulele Flight Service,
Inc. for Certificate Authority
Department of Transportation.
Notice of order to show cause
(Order 2006–6–34).
AGENCY:
ACTION:
SUMMARY: The Department of
Transportation is directing all interested
persons to show cause why it should
not issue an order finding Mokulele
Flight Service, Inc., fit, willing, and
able, and awarding it a certificate of
public convenience and necessity to
engage in interstate scheduled air
transportation of persons, property and
mail.
DATES: Persons wishing to file
objections should do so no later than
July 11, 2006.
ADDRESSES: Objections and answers to
objections should be filed in Docket
OST–2005–22935 and addressed to U.S.
Department of Transportation, Docket
Operations, (M–30, Room PL–401), 400
Seventh Street, SW., Washington, DC
20590, and should be served upon the
parties listed in Attachment A to the
order.
FOR FURTHER INFORMATION CONTACT:
Vanessa R. Balgobin, Air Carrier Fitness
Division (X–56, Room 6401), U.S.
Department of Transportation, 400
Seventh Street, SW., Washington, DC
20590, (202) 366–9721.
Dated: June 27, 2006.
Michael W. Reynolds,
Acting Assistant Secretary for Aviation and
International Affairs.
[FR Doc. E6–10390 Filed 6–30–06; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–PCX–2005–
115), as amended, is hereby partially
approved on an accelerated basis.25
Federal Railroad Administration
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.26
Nancy M. Morris,
Secretary.
[FR Doc. E6–10335 Filed 6–30–06; 8:45 am]
BILLING CODE 8010–01–P
Amex Order, supra note 7.
25 15 U.S.C. 78s(b)(2).
26 17 CFR 200.30–3(a)(12).
Amex Order, supra note 7.
22 17 CFR 240.12f–5.
23 15 U.S.C. 78k–(a)(1)(C)(iii).
DEPARTMENT OF TRANSPORTATION
V. Conclusion
24 See
21 See
VerDate Aug<31>2005
explains the special characteristics and
risks of trading the Shares.
4. The Exchange will require a
member with a customer who purchases
newly issued Shares on the Exchange to
provide that customer with a product
prospectus and will note this prospectus
delivery requirement in the Information
Bulletin.
5. The Exchange will cease trading in
the Shares if (1) the listing market stops
trading the Shares because of a
regulatory halt similar to a halt based on
NYSE Arca Equities Rule 7.12 and/or a
halt because the Indicative Partnership
Value or the value of the applicable
Underlying Index is no longer available
at least every 15 seconds or the NAV is
not disseminated to all market
participants at the same time, or (2) the
listing market delists the Shares.
This approval order is conditioned on
the Exchange’s adherence to these
representations.
The Commission finds good cause for
partially approving the remaining
portion of this proposed rule change
with regard to the UTP of the
Subsequent Funds before the thirtieth
day after the publication of notice
thereof in the Federal Register. As
noted previously, the Commission
previously found that the listing and
trading of these Shares on the Amex is
consistent with the Act.24 The
Commission presently is not aware of
any issue that would cause it to revisit
that earlier finding or preclude the
trading of these funds on the Exchange
pursuant to UTP. Therefore, accelerating
approval of this proposed rule change
should benefit investors by creating,
without undue delay, additional
competition in the market for these
Shares.
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[Docket No. FRA–2006–25169, Notice No.
1]
Hazardous Materials: Improving the
Safety of Railroad Tank Car
Transportation of Hazardous Materials
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of establishment of
public docket; notice of availability.
AGENCY:
SUMMARY: FRA and the Pipeline and
Hazardous Materials Safety
Administration (PHMSA), operating
administrations of DOT, have initiated a
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[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Notices]
[Page 37974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10390]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket OST-2005-22935]
Application of Mokulele Flight Service, Inc. for Certificate
Authority
AGENCY: Department of Transportation.
ACTION: Notice of order to show cause (Order 2006-6-34).
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation is directing all interested
persons to show cause why it should not issue an order finding Mokulele
Flight Service, Inc., fit, willing, and able, and awarding it a
certificate of public convenience and necessity to engage in interstate
scheduled air transportation of persons, property and mail.
DATES: Persons wishing to file objections should do so no later than
July 11, 2006.
ADDRESSES: Objections and answers to objections should be filed in
Docket OST-2005-22935 and addressed to U.S. Department of
Transportation, Docket Operations, (M-30, Room PL-401), 400 Seventh
Street, SW., Washington, DC 20590, and should be served upon the
parties listed in Attachment A to the order.
FOR FURTHER INFORMATION CONTACT: Vanessa R. Balgobin, Air Carrier
Fitness Division (X-56, Room 6401), U.S. Department of Transportation,
400 Seventh Street, SW., Washington, DC 20590, (202) 366-9721.
Dated: June 27, 2006.
Michael W. Reynolds,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. E6-10390 Filed 6-30-06; 8:45 am]
BILLING CODE 4910-9X-P
