Notices. Notice

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BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Notice of Issuance of Director's Decision Under 10 CFR 2.206 Docket No. 030-28641, License No. 42-23539-01AF, Department of the Air Force. Docket No. 040-06394, License No. SMB-141, Department of the Army. Docket No. 040-07086, License No. SUB-734, Department of the Army. Docket No. 040-08814, License No. SMB-1411, Department of the Army. Docket No. 040-08838, License No. SUB-1435, Department of the Army. Docket No. 040-07354, License No.

SUB-834, Department of the Army. Docket No. 040-08850, License No. SUB-1440, Department of the Army. Docket No. 040-08779, License No. SUC-1391, Department of the Army. Docket No. 040-08767, License No. SUC-1380, Department of the Army. Docket No. 030-29462, License No. 45-23645-01NA, Department of the Navy. Notice is hereby given that the Director, Nuclear Material Safety and Safeguards, has issued a Director's Decision on a petition dated April 3, 2005, filed by Mr. James Salsman, hereinafter referred to as the “Petitioner.

” The petition was supplemented on April 26, 2005, and May 4, 2005. The petition concerns depleted uranium

(DU)munition licensees, specifically the Departments of the Air Force, Army, and Navy, and ATK Tactical Systems Company, LLC. The petition requested the U.S. Nuclear Regulatory Commission

(NRC)to fine the licensees and modify their licenses. The Petitioner's concerns revolve around the combustion products of DU munitions, specifically hexavalent uranium trioxide (UO <sup>3</sup> ). Petitioner asserts that the licensees never attempted to detect, never detected, and failed to recognize that hexavalent UO <sup>3</sup> is a hazardous combustion product when DU munitions are fired and heated at high temperatures. Petitioner contends that DU munitions licensed activity is unsafe and in violation of NRC requirements. On May 4, 2005, Petitioner met with the NRC staff's Petition Review Board via telephone. The meeting gave the Petitioner and the licensees an opportunity to provide additional information and to clarify issues raised in the petition. NRC staff sent a copy of the proposed Director's Decision to the Petitioner and to all DU munition licenses for comment on September 22, 2005. Petitioner responded with comments on October 19, 2005, and the licensees responded on October 12, 2005 (Army), and October 17, 2005 (Air Force). The comments are addressed in the Director's Decision. The Director of the Office of Nuclear Material Safety and Safeguards has determined that insofar as Petitioner requests, NRC to require DU munition licensees to report incidents and overexposures to NRC, and to remediate facilities in accordance with current regulations, Petitioner's requests are granted. The Director also has decided to deny Petitioner's requests for modification and/or revocation of DU munitions licenses and for imposition of fines because Petitioner did not demonstrate that DU munitions licensees violated any NRC requirement, or that licensed activity creates conditions hazardous to the public health and safety or to the environment not already considered in licensing or addressed by NRC requirements. The reasons for these decisions are fully explained in the Director's Decision pursuant to 10 CFR 2.206 (DD-05-08), the complete text of which is available in Agencywide Document Access and Management System (ADAMS) for inspection at the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and via NRC's Web site ( *http://www.nrc.gov* ) on the World-Wide Web, under the “Public Involvement” icon. Accession Number for the Director's Decision is ML053460450. A copy of the Director's Decision will be filed with the Secretary of the Commission, for the Commission's review, in accordance with 10 CFR 2.206 of the Commission's regulations. As provided for by this regulation, the Director's Decision will constitute the final action of the Commission 25 days after the date of the decision, unless the Commission, on its own motion, institutes a review of the Director's Decision in that time. Dated at Rockville, Maryland, this 30th day of December 2005. For the Nuclear Regulatory Commission Robert C. Pierson, Acting Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-60 Filed 1-6-06; 8:45 am] BILLING CODE 7590-01-P OFFICE OF PERSONNEL MANAGEMENT Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations—CFC Pilot Program for Department of Defense

(DoD)Personnel Deployed Overseas AGENCY: Office of Personnel Management (OPM). ACTION: Notice. SUMMARY: The Office of Personnel Management

(OPM)is implementing a Combined Federal Campaign

(CFC)pilot program for a selected number of local campaigns. This pilot program will allow Department of Defense

(DoD)personnel deployed to certain warfighting areas of responsibility the opportunity to expand their giving options to include the Morale, Welfare, and Recreation

(MWR)activities and/or to the local charities located within the corresponding stateside campaign associated with their home base, in addition to the National and International charities. OPM will assess the results of the pilot program and determine, in coordination with the Office of the Secretary of Defense, if a permanent change should be made to CFC regulations and DoD Directive 5035-1. DATES: The Office of Personnel Management's Office of CFC Operations (OCFCO) will work with the CFC Overseas (CFC-O) Campaign to determine the campaigns eligible to participate in the pilot program for the 2006 CFC no later than March 2006. The OCFCO will provide guidance to the selected campaigns on how to process receipts from the CFC-O Campaign under the pilot program no later than June 30, 2006. Affected deployed donors whose assigned home base is located within one of these selected campaigns will be provided the two additional options for contributing to the 2006 CFC described below beginning on September 1, 2006 and ending approximately December 15, 2006. FOR FURTHER INFORMATION CONTACT: Mark W. Lambert, Senior Compliance Officer for the Office of CFC Operations, by telephone at

(202)606-2564; by Fax at

(202)606-0902; or by e-mail at *cfc@opm.gov* . SUPPLEMENTARY INFORMATION: To address the loss of CFC contributions experienced by local organizations due to the deployment of DoD personnel to certain warfighting area of responsibility, DoD and OPM are implementing a one-year pilot program designed to allow those deployed DoD personnel to adjust their CFC contributions so the contributions can be designated to the donor's home base MWR activities and/or the local charities located within the corresponding stateside campaign associated with their home base, in addition to the National and International charities. In the absence of this pilot program, CFC regulations limit CFC designations from deployed DoD personnel to national/international charities, or to MWR activities overseas. This pilot program will expire at the end of the 2006 CFC or approximately December 15, 2006. Under the pilot program, the CFC-O Campaign will offer affected deployed DoD personnel a modified CFC-O Campaign pledge card that will contain two added donation options, as follows:

(1)Each deployed employee may designate a portion of their donation to their home base's MWR activities; and/or,

(2)Each deployed employee may elect to apply a portion of their total contribution as a designated contribution for distribution among all local charities located within the geographic area of their home base campaign. OPM will evaluate the costs and logistics tied to the implementation of the new options in anticipation of making it a permanent change in the regulations. These designated contributions will be distributed by CFC-O Campaign to the local campaign associated with the donor's home base as if the recipient campaign was a participating CFC-O Campaign charity, with the final payments in the distribution cycle sent early enough that the recipient campaign can include them in its final payment to charities. The home base campaign, in turn, will be directed to distribute these designated funds, at no cost, to all local charities in the same manner as local undesignated contributions ( *i.e.* in the same proportion that each charity received designations in the local campaign). Home base campaigns will only need to adjust their distribution schedules and include these CFC-O Campaign contributions in their regular monthly/quarterly distributions to the local charities and track as cash received. Under this pilot program, donated funds will be reduced by the proportionate share of the CFC-O Campaign expenses only prior to distribution to the home base campaigns. Consequently, the home base campaigns will be directed not to charge additional processing costs to distribute these donations, since there is no additional cost associated with either the collection or distribution of the funds. DoD personnel deployed to the affected warfighting areas of responsibility, regardless of the length of time, are officially assigned to the command to which they have been deployed. Therefore, personnel deployed to the affected warfighting areas of responsibility during the campaign season can only be solicited by the campaign responsible for the geographic area of the command. The exception to this rule is when a Navy ship has been deployed but is still considered “homeported.” In this instance, the local campaign should continue to solicit the donor stationed on the homeported ship. CFC regulations at 5 CFR 950.701 state that the CFC-O Campaign is the only authorized campaign to solicit overseas areas during the CFC solicitation period in the fall. Under no circumstances may the stateside campaigns solicit personnel deployed overseas. Sanctions may result for violations of this rule. Authority: E.O. 12353 (March 23, 1982), 47 FR 12785 (March 25, 1982). 3 CFR 1982 Comp., p. 139. E.O. 12404 (February 10, 1983), 48 FR 6685 (February 15, 1983), Pub. L 100-202, and Pub. L. 102-393 (5 U.S.C. 1101 Note). U.S. Office of Personnel Management. Dan G. Blair, Deputy Director. [FR Doc. E6-40 Filed 1-6-06; 8:45 am] BILLING CODE 6325-46-P RAILROAD RETIREMENT BOARD Agency Forms Submitted for OMB Review Summary: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board

(RRB)has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval. Summary of Proposal(s)

(1)*Collection title:* Applicant Background Survey.

(2)*Form(s) submitted:* EEO-44.

(3)*OMB Number:* 3220-NEW.

(4)*Expiration date of current OMB clearance:* None; new collection.

(5)*Type of request:* New collection.

(6)*Respondents:* Individuals or households.

(7)*Estimated annual number of respondents:* 800.

(8)*Total annual responses:* 800.

(9)*Total annual reporting hours:* 67.

(10)*Collection description:* To meet reporting requirements of Equal Employment Opportunity Commission

(EEO)Management Directive 715, the RRB will collect information needed to properly assess the impact of its recruitment processes on the hiring of minorities, women, and people with disabilities. Additional Information or Comments: Copies of the forms and supporting documents can be obtained by contacting Charles Mierzwa, the agency clearance officer, at

(312)751-3363 or *Charles.Mierzwa@RRB.GOV.* Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or *Ronald.Hodapp@RRB.GOV* and to the OMB Desk Officer for the RRB, at the Office of Management and Budget, Room 10230, New Executive Office Building, Washington, DC 20503. Charles Mierzwa, Clearance Officer. [FR Doc. E6-62 Filed 1-6-06; 8:45 am] BILLING CODE 7905-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53032; File No. SR-DTC-2005-19] Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Enhancements of the SMART/Track Service December 28, 2005. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on November 10, 2005, The Depository Trust Company (“DTC”) filed with the Securities and Exchange Commission (“Commission”) and on December 22, 2005, amended the proposed rule change as described in Items I, II, and III below, which Items have been prepared primarily by DTC. DTC filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 2 and Rule 19b-4(f)(4) thereunder 3 whereby the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78s(b)(3)(A)(iii). 3 17 CFR 240.19b-4(f)(4). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change will enhance DTC's current SMART/Track service by adding an internet-based service called “SMART/Track for Buy-Ins.” The service will ultimately replace DTC's existing buy-in service of its Participant Exchange (“PEX”) system and will provide additional features to enable users to track buy-in notices throughout their lifecycle. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. 4 4 The Commission has modified the text of the summaries prepared by DTC. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change This rule filing will establish an internet-based buy-in service called “SMART/Track for Buy-Ins.” 5 The service will ultimately replace DTC's current PEX platform and will be more user-friendly. It will provide real-time open buy-in information and will enable automated communication, warehousing, and tracking of various types of buy-in related notices that are required by the rules of other self-regulatory organizations (“SROs”). 6 Through the service, users will be able to create and transmit notices, view notices they have received or sent, make changes to notices (if not yet transmitted) according to stated parameters, reject notices as applicable, and search archives for active and aged notices. The service will have several features that will be implemented in phases. 5 *See* DTC Important Notice B#8796 (Nov. 23, 2005) available online at *http://www.dtc.org/impNtc/ope/ope_8796.pdf.* SMART/Track was established in 2004 and featured a stock loan recall notification service. Securities Exchange Act Release No. 50029 (July 15, 2004), 69 FR 43870 (July 22, 2004). DTC later added a corporate action liability notification service [Securities Exchange Act Release No. 50887 (Dec. 20, 2004), 69 FR 77802 (Dec. 28, 2004)] and an agency lending disclosure service to SMART/Track. [Securities Exchange Act Release No. 52104 (July 21, 2005), 70 FR 43730 (July 28, 2004)]. 6 *E.g.,* New York Stock Exchange (“NYSE”) Rule 282 and American Stock Exchange Rule 783. NYSE Rule 282 was recently amended to, among other things, eliminate the requirement for paper buy-in notices to permit electronic notices, including those from DTC. Securities Exchange Act Release No. 52842 (Nov. 28, 2005), 70 FR 72321 (Dec. 2, 2005) [File No. SR-NYSE-2005-50]. The first phase of the service will be National Securities Clearing Corporation's (“NSCC”) Continuous Net Settlement (“CNS”) buy-in execution notices. DTC participants will send these notices to CNS through SMART/Track. After CNS validates these notices ( *e.g.* verifies certain details of the buy-in execution such as the quantity of the buy-in) the DTC participant that was bought-in will be notified of its liability through a SMART/Track notice. 7 7 Any notice or report received by participants through SMART/Track will be in addition to (and will not replace) any notices or reports currently being distributed to participants by their SRO with respect to their buy-in activity. The second phase of the service will permit DTC participants to transmit CNS Notices of Intent to Buy-In and Buy-In Orders for processing. CNS will send notification to the DTC participant being bought-in of its potential liability through SMART/Track. Notices pertaining to buy-ins other than CNS buy-ins (“non-CNS buy-ins”) 8 and Municipal Securities Rulemaking Board (“MSRB”) closeouts will be the final function implemented on SMART/Track. Users will be able to create and transmit to the designated counterparty buy-in intent notices and MSRB closeout notices through SMART/Track. Users receiving such buy-in notice or MSRB closeout notice will be able to accept or reject the notice online. The sender of such buy-in notice or MSRB closeout notice will be able to cancel a notice in any status, extend the delivery date, or change the quantity or amount. 8 Non-CNS buy-ins include NYSE, AMEX, NASD, and NSCC Balance-Order buy-ins. Once fully implemented, the buy-in service will feature: • Online cancellation and updating of a buy-in notice. • Search and sort capability on any field in a buy-in notice. • Audit trail with a complete record of actions taken regarding a notice, including time, date, and the person taking the action. • Links to DTC systems to indicate if the security subject to a buy-in is undergoing a dividend or corporate action or has been chilled for delivery. • Automatic archiving. • Seven-year record retention that is easily available online. SMART/Track for Buy-Ins is subject to DTC's gross negligence and willful misconduct standard of liability for information services. DTC believes that the proposed rule change is consistent with the requirements of Section 17A of the Act 9 and the rules and regulations thereunder because it will promote the prompt and accurate clearance and settlement of securities transactions by providing important and timely notifications relating to buy-ins between participant counterparties. 9 15 U.S.C. 78q-1. B. Self-Regulatory Organization's Statement on Burden on Competition DTC does not believe that the proposed rule change will have any impact or impose any burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments relating to the proposed rule change have not yet been solicited or received. DTC will notify the Commission of any written comments received by DTC. 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)(iii) 10 of the Act and Rule 19b-4(f)(4) 11 thereunder because it effects a change in an existing service of DTC that does not adversely affect the safeguarding of securities or funds in DTC's control or for which DTC is responsible and does not significantly affect DTC's or its participants' respective rights or obligations. At any time within 60 days of the filing of such 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. 10 15 U.S.C. 78s(b)(3)(A)(iii). 11 17 CFR 240.19b-4(f)(4). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, 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 *rule-comments@sec.gov.* Please include File No. SR-DTC-2005-19 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-9303. All submissions should refer to File No. SR-DTC-2005-19. 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 Section, 100 F Street, NE., Washington, DC 20549. Copies of such filing also will be available for inspection and copying at DTC's principal office and on DTC's Web site at *http://www.dtc.org/impNtc/mor/index.html.* 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 submission should refer to File No. SR-DTC-2005-19 and should be submitted on or before January 30, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 Nancy M. Morris, Secretary. 12 17 CFR 200.30-3(a)(12). [FR Doc. E6-45 Filed 1-6-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53046; File No. SR-Phlx-2005-89] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Adopt an Account Fee January 3, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on December 23, 2005, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Phlx. The Phlx has designated this proposal as one changing a fee imposed by the Phlx under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its schedule of fees to adopt a fee on member organizations of fifty dollars ($50.00) per month, or any part of a month, for each account that a member organization maintains with the Exchange beyond the number of permits 5 billed to that member organization (the “Fee”). The Exchange states that the Fee would be effective beginning on January 1, 2006. 5 *See* Phlx Rule 908. Below is the text of the proposed rule change. Proposed new language is in *italics.* APPENDIX A Permit Fees 6 Order Flow Provider Permit Fee a. Permits used only to submit orders to the equity, foreign currency options, or options trading floor (one floor only)—$200.00 per month. b. Permits used only to submit orders to more than one trading floor $300.00 per month. Floor Broker, Specialist, or ROT (including RSQTs and SQTs) or Off-Floor Trader Permit Fee a. First Permit—$1,200.00 per month. b. Additional permits for members in the same organization—$1,000.00 per month. Excess Permit Holders—$200.00 per month. Other Permit Holders 7 —$200.00 per month. Foreign Currency User Fee—$1,200.00 monthly. Application Fee—$350.00. Initiation Fee 8 —$1,500.00. *Account Fee—$50.00 monthly for each account beyond the number of permits billed to that member organization.* 6 The Exchange has established the date of notification of termination of a permit as the date that permit fee billing will cease. Additionally, a permit holder will be billed only one monthly permit fee if the holder transfers from one member organization to another previously unrelated member organization as a result of a merger, partial sale or other business combination during a monthly permit fee period in order to avoid double billing in the month the merger or business combination occurred. These policies will be effective as of February 2, 2004. 7 A permit holder or the member organization they solely qualify must apply for “other” status in writing to the Membership Services Department. This status requires that a permit holder or the member organization have no transaction activity for the applicable monthly billing period. Should a permit holder actively transact business during a particular month, the highest applicable monthly permit fee will apply to such permit holder and member organization for that monthly period. The “other” status only applies to permit holders who solely qualify their member organization. These policies will be effective as of February 2, 2004. 8 This fee is imposed on a member upon election, on a non-member FCO participant upon the purchase of an FCO participation, and on persons or entities registering as approved lessors. 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 Exchange 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. The Exchange 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 The Exchange states that the purpose of the proposed rule change is to encourage member organizations to discontinue holding inactive trading accounts, which the Exchange believes should, in turn, eliminate the need to expend resources to create additional account fields. Also, the Exchange states that staff time allocated to maintaining account records should be reduced, which should allow for a more efficient use of staff resources. The Phlx states that its member organizations currently have the option to request an unlimited number of trading accounts through the Exchange's Membership Services Department. In many instances, multiple accounts are assigned at the member organization's request to allow them to track their own activity using the Exchange's account numbers. 6 The Exchange states that in many cases, however, accounts are not released back to it when they are no longer required by the member organization or when a member organization may have requested more accounts than needed. The Exchange states that this practice limits the number of available accounts and adds to increased staff time to maintain accurate records of active accounts and the retiring of inactive accounts. 6 The Phlx states that this proposed rule change does not limit the number of accounts a member organization may request. With this proposed rule change, member organizations may have, without charge, the number of accounts equal to the number of permits billed to that member organization. Any additional accounts requested by the member organization would be $50.00 per month, or any part thereof, per account. Each account has 22 suffixes or sub-accounts. 7 The Exchange states that there will be no additional charge for suffixes assigned within the same account. 7 For example, account number 202 cna actually be used as accounts 202-A, 202-B, etc. 2. Statutory Basis The Exchange believes that its proposal to amend its schedule of fees is consistent with Section 6(b) of the Act 8 in general, and furthers the objectives of Section 6(b)(4) of the Act 9 in particular, in that it is an equitable allocation of reasonable fees among the Phlx's members. 8 15 U.S.C 78f(b). 9 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange 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 The foregoing proposed rule change has been designated as a fee change pursuant to Section 19(b)(3)(A)(ii) of the Act 10 and Rule 19b-4(f)(2) 11 thereunder, because it establishes or changes a due, fee, or other charge imposed by the Exchange. Accordingly, the proposal will take effect upon filing with the Commission. At any time within 60 days of the filing of such 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. 10 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 240.19b-4(f)(2). 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 *rule-comments@sec.gov.* Please include File Number SR-Phlx-2005-89 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-0609. All submissions should refer to File Number SR\Phln-2005-89. 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. Copies of the filing also will be available for inspection and copying at the principal office of the Phlx. 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-Phlx-2005-89 and should be submitted on or before January 30, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-61 Filed 1-6-06; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF STATE [Public Notice 5269] Culturally Significant Objects Imported for Exhibition Determinations: “Girodet: Romantic Rebel” SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.* ; 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Girodet: Romantic Rebel”, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners. I also determine that the exhibition or display of the exhibit objects at The Art Institute of Chicago, Chicago, IL, from on or about February 8, 2006, to on or about April 30, 2006, and at the Metropolitan Museum of Art, New York, NY, from on or about May 22, 2006, to on or about August 27, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Julianne Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8049). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. Dated: January 3, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E6-67 Filed 1-6-06; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Notice of Delays in Processing of Special Permit Applications AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT. ACTION: List of application delayed more than 180 days. SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. FOR FURTHER INFORMATION CONTACT: Ann Mazzullo, Office of Hazardous Materials Special Permits and Approvals, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001,

(202)366-4535. Key to “Reason for Delay” 1. Awaiting additional information from applicant. 2. Extensive public comment under review. 3. Application is technically complex and is of significant impact or precedent-setting and requires extensive analysis. 4. Staff review delayed by other priority issues or volume of special permit applications. Meaning of Application Number Suffixes N—New application. M—Modification request. X—Renewal. PM—Party to application with modification request. Dated: Issued in Washington, DC, on January 3, 2006. R. Ryan Posten, Chief, Special Permits Program, Office of Hazardous Materials Safety, Special Permits & Approvals. Application No. Applicant Reason for delay Estimated date of completion New Special Permit Applications 13281-N The Dow Chemical Company, Midland, MI 4 01-31-2006 13266-N Luxfer Gas Cylinder Riverside, CA 4 01-31-2006 13309-N OPW Engineered Systems, Lebanon, OH 4 01-31-2006 13347-N Amvac Chemical Corporation, Los Angeles, CA 4 01-31-2006 13341-N National Propane Gas Association, Washington, DC 3 01-31-2006 13957-N T.L.C.C.I, Inc. Franklin, TN 4 02-28-2006 14038-N Dow Chemical Company, Midland, MI 1 01-31-2006 14141-N Nalco Company, Naperville, IL 4 01-31-2006 14163-N Air Liquide America L.P., Houston, TX 4 01-31-2006 14205-N The Clorox Company, Pleasanton, CA 4 02-28-2006 14197-N GATX Rail Corporation, Chicago, IL 4 02-28-2006 14199-N RACCA, Plymouth, MA 4 02-28-2006 14190-N Cordis Corporation, Miami Lakes, FL 4 01-31-2006 14189-N PPG Industries, Inc., Pittsburgh, PA 4 01-31-2006 14185-N U.S. Department of Energy, Washington, DC 4 01-31-2006 14184-N Global Refrigerants, Inc., Denver, CO 4 01-31-2006 14178-N Brider Fire Inc., Bozeman, MT 4 01-31-2006 14167-N Trinityrail, Dallas, TX 4 01-31-2006 14223-N Technical Concepts, Mundelein, IL 4 02-28-2006 14212-N Clean Harbors Environmental Services, Inc., North Andover, MA 4 02-28-2006 14209-N ABB Power Technologies AB, Alamo, TN 4 02-28-2006 14215-N U.S. Department of Energy, Washington, DC 4 02-28-2006 14221-N U.S. Department of Energy, Washington, DC 4 02-28-2006 14218-N Air Logistics of Alaska, Inc., Fairbanks, AK 4 01-31-2006 14151-N Chevron Texaco, Houston, TX 4 01-31-2006 14138-N INO Therapeutics, Inc., Port Allen, LA 4 01-31-2006 13999-N Kompozit-Praha s.r.o., Dysina u Plzne, Czech Republic, CZ 4 01-31-2006 13582-N Linde Gas LLC (Linde), Independence, OH 4 01-31-2006 13302-N FIBA Technologies, Inc., Westboro, MA 4 01-31-2006 13346-N Stand-By-Systems, Inc., Dallas, TX 1 01-31-2006 13563-N Applied Companies, Valencia, CA 4 01-31-2006 Modification to Special Permits 7277-M Structural Composites Industries, Pomona, CA 4 01-31-2006 11924-M Wrangler Corporation, Auburn, ME 4 02-28-2006 12929-M Matheson Tri-Gas, East Rutherford, NJ 4 02-28-2006 11321-M E.I. Du Pont, Wilmington, DE 4 01-31-2006 13484-M Air Liquide Industrial U.S. LP (formerly: Air Liquide America L.P.), Houston, TX 4 02-28-2006 11917-M ITW Sexton, Decatur, AL 4 02-28-2006 13192-M Onyx Environmental Services, L.L.C., Flanders, NJ 4 01-31-2006 11321-M E.I. Du Pont, Wilmington, DE 4 01-31-2006 12412-M Los Angeles Chemical Company, South Gate, CA 4 01-31-2006 12412-M Hawkins, Inc., Minneapolis, MN 3, 4 01-31-2006 11903-M Comptank Corporation, Bothwell, ON 4 01-31-2006 13229-M Matheson Tri-Gas, East Rutherford, NJ 4 01-31-2006 13327-M Hawk FRP LLC, Ardmore, OK 1 01-31-2006 13488-M FABER INDUSTRIES SPA, (U.S. Agent: Kaplan Industries, Maple Shade, NJ) 4 01-31-2006 12284-M The American Traffic Safety Services Assn. (ATSSA), Fredericksburg, VA 1 01-31-2006 10319-M Amtrol, Inc., West Warwick, RI 4 01-31-2006 Modification to Special Permits 6263-M Amtrol, Inc., West Warwick, RI 4 01-31-2006 10019-M Structural Composites Industries, Pomona, CA 4 01-31-2006 10915-M Luxfer Gas Cylinders (Composite Cylinder Division), Riverside, CA 1 01-31-2006 7280-M Department of Defense, Ft. Eustis, VA 4 01-31-2006 11579-M Dyno Nobel, Inc., Salt Lake City, UT 4 01-31-2006 11241-M Rohm and Haas Co., Philadelphia, PA 1 01-31-2006 8162-M Structural Composites Industries, Pomona, CA 4 01-31-2006 8718-M Structural Composites Industries, Pomona, CA 4 01-31-2006 [FR Doc. 06-164 Filed 1-6-06 8:45 am]

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