Notices. Notice of the establishment of a new system of records

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BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. PA-34; File No. S7-02-06] Privacy Act of 1974: Establishment of a New System of Records: Visitor Badge and Employee Day Pass System (SEC-52) AGENCY: Securities and Exchange Commission. ACTION: Notice of the establishment of a new system of records. SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission gives notice of a proposed Privacy Act system of records:

“Visitor Badge and Employee Day Pass System (SEC-52).” This system of records will contain, among other things, records of Commission visitors, employee day pass information and records related to the status of trackable (special handling) mail. DATES: The new system will become effective March 6, 2006 unless further notice is given. The Commission will publish a new notice if the effective date is delayed to review comments or if changes are made based on comment received. To be assured of consideration, comments should be received on or before February 23, 2006.

ADDRESSES: Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/other.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number S7-02-06 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-9303. All submissions should refer to File Number S7-02-06.

This file number should be included on the subject line if e-mail is used. To help us 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/other.shtml* ). Comments are also available for public inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549. All comments received will be posted without change; we do not edit personal identifying information from submissions.

You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: Barbara A. Stance, Chief Privacy Officer, U.S. Securities and Exchange Commission, Operations Center, 6432 General Green Way, Alexandria, VA 22312-2413,

(202)551-7209. SUPPLEMENTARY INFORMATION: The Commission gives notice of the proposed establishment of a new system of records, entitled “Visitor Badge and Employee Day Pass System (SEC-52).” The new system will contain records of Commission visitors, employee day pass information and records related to the status of trackable (special handling) mail. The Commission has submitted a report of the new system of records to the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Government Reform, and the Office of Management and Budget, pursuant to 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, and Appendix I to OMB Circular A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” as amended on February 20, 1996 (61 FR 6435). Accordingly, the Commission is adding a new system of records to read as follows: SEC-52 SYSTEM NAME: Visitor Badge and Employee Day Pass System. SYSTEM LOCATION: U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Visitors from the public, other Federal agencies, Commission employees who require a Day Pass and Commission employees who pre-register or authorize visitors. The system also covers individuals or organizations that send and/or deliver trackable mail to the Commission ( *e.g.* , express mail, courier mail, or other forms of mail that is tracked from the sender to the recipient). CATEGORIES OF RECORDS IN THE SYSTEM: Records may include name, photograph, signature, company name, the number of the printed badge issued for each visit, visitor category, business phone number, fax number, address, e-mail address, Web site if available, other information from scanned business cards, and the location, date, and time of entry to the secure Commission facility. Records will also include the following information from scanned driver's licenses: Date of birth, weight, height, color of hair and eyes, date of expiration, and issuing jurisdiction (license numbers will not be saved in the system). Further information contained within the system will be the name and title of the person being visited, the reason for the visit to the facility, notation of approved parking, and the name, phone number and e-mail address of Commission personnel requesting authorization for the visitor access. The system will maintain check in and check out times, current status of visitor, and a custom ID number assigned sequentially by the system software for each visitor record. The software system and data base has a module for tracking packages as well. Records include package check in time, quantity of packages, name of employee to whom the package is addressed, location of package, sender's name, type of package, added description (if appropriate), carrier/agent delivering the package, time and name of person to whom package is delivered (final destination within the Commission), and a custom ID number assigned sequentially by the system software for each visitor record. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301 and Executive Order 13231 of October 16, 2001 on Critical Infrastructure Protection. PURPOSE(S): This system was primarily designed to permit access to Commission facilities by public visitors and representatives from other Federal agencies. It is also used to issue day passes for Commission staff members or contract employees who are not presently in possession of their ID and need to enter the workplace to perform their duties. The system is further used to record and monitor the status of trackable (special handling) mail. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: These records and information contained in these records may be disclosed as follows:

(1)To the appropriate Federal, State or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, where the Commission or other appropriate Federal, State or local agency may be aware of an indication of an actual or potential health, safety or national security concern or a violation or potential violation of civil or criminal law or regulation;

(2)To another Federal agency, in connection with a court proceeding when the Government is party to a proceeding before the court or to an adjudicative tribunal when the Government is appearing in a proceeding before that tribunal;

(3)To a Federal, State, or local agency, in response to its requests, in connection with the hiring or retention of an employee, the issuance of a security clearance, or the conducting of a security or background investigation of an individual, to the extent that the information is relevant and necessary to the requesting agency;

(4)To the Office of the Inspector General for investigating allegations of abuse or misconduct, or to perform other functions within the jurisdiction of the Office of the Inspector General; and

(5)To the Commission Security Branch and/or the Office of the Inspector General in routine and ad hoc reports to review visitor and day pass activity and to assess compliance with established security procedures and policies. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained in a computerized database and on paper. Paper documents are kept in filing cabinets in secured facilities. RETRIEVABILITY: By use of a database, records may be retrieved by the individual's name, date of visit and/or badge number (as printed in the form of a bar code on the badge). SAFEGUARDS: Records are safeguarded by restricted computer passwords, locked file cabinets, and safes. RETENTION AND DISPOSAL: Records are maintained in a computerized database and on paper. Printed badges, and returned passes (and corresponding electronic records) are destroyed three months after expiration, revocation, or return to issuing office, as provided in the National Archives and Records Administration's General Records Schedule No. 11, Item 4. SYSTEM MANAGER(S) AND ADDRESS: Chief of Security Branch, Office of Administrative Services, Security Branch, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1627. NOTIFICATION PROCEDURE: All requests to determine whether this system of records contains a record pertaining to the requesting individual may be directed to the Privacy Act Officer, U.S. Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0-7, Alexandria, VA 22312-2413. RECORD ACCESS PROCEDURES: Persons wishing to obtain information on the procedures for gaining access to or contesting the contents of this record may contact the Privacy Act Officer, U.S. Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0-7, Alexandria, VA 22312-2413. CONTESTING RECORDS PROCEDURES: See record access procedures above. RECORD SOURCE CATEGORIES: Information is provided by the visitor seeking access to Commission facilities to meet with Commission employees or contractors, by Commission employees who pre-register visitors, and by Commission employees or badged contractors who do not have their ID and yet seek access to their workplace for official business. Additionally, information is provided by individuals sending trackable (special handling) mail. Information is further provided by carriers and/or agents that deliver such mail. Persons who decline to provide the requested information will be denied access. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. Date: January 18, 2006. By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. E6-805 Filed 1-23-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53135; File No. SR-CBOE-2005-83] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Approving Proposed Rule Change Relating to the SizeQuote Mechanism January 17, 2006. On October 11, 2005, the Chicago Board Options Exchange, Incorporated (“CBOE” 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 pilot SizeQuote Mechanism for the execution of large-sized orders in open outcry. 3 The proposed rule change was published for comment in the **Federal Register** on December 12, 2005. 4 The Commission received no comments regarding the proposal. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 CBOE Rule 6.74(f), which sets forth the rules and procedures for use of the SizeQuote Mechanism, was approved by the Commission in February 2005 for adoption on a pilot basis. *See* Securities Exchange Act Release No. 51205 (February 15, 2005), 70 FR 8647 (February 22, 2005). In brief, a floor broker seeking to use the SizeQuote Mechanism to facilitate a customer's large-sized order (“SizeQuote Order) must request a “SizeQuote” from in-crowd market participants (“ICMPs”), who may respond with indications of the price and size at which they would be willing to trade with the order. ICMPs who respond at the best price have priority to trade with the order at that best price and at one trading increment better (the “improved best price”). If the ICMPs do not execute the entire SizeQuote Order, the floor broker must be prepared to execute the remaining contracts against a facilitation order at the best price or the improved best price, as applicable. However, the floor broker has priority to facilitate the entire SizeQuote Order at a price two trading increments better than the best price provided by the ICMPs. For a more complete description, see Securities Exchange Act Release No. 50967 (January 5, 2005), 70 FR 2197 (January 12, 2005). 4 *See* Securities Exchange Act Release No. 52888 (December 5, 2005), 70 FR 73492. The proposed rule change would establish that, in addition to a floor broker crossing a SizeQuote Order with a facilitation order in accordance with the SizeQuote Mechanism's procedures, a floor broker also may cross the SizeQuote order with one or more solicited orders or a combination of solicited and facilitation orders. 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, and, in particular, with the requirements of Section 6(b)(5) of the Act. 5 The Commission believes that, by giving floor brokers the alternative of crossing customers' SizeQuote Orders with solicited orders, the proposed rule change is intended to expand the potential benefits of the SizeQuote Mechanism. The Commission notes that the proposal does not alter the procedures a floor broker must follow in executing SizeQuote Orders. 5 15 U.S.C. 78f(b)(5). In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 6 that the proposed rule change (SR-CBOE-2005-83) is approved until the expiration of the current SizeQuote pilot program on February 15, 2006. 7 6 15 U.S.C. 78s(b)(2). 7 The Commission notes that the current SizeQuote pilot program expires on February 15, 2006. The Exchange has indicated to Commission staff its intent to propose an extension of the pilot program, as amended by the instant proposal, for an additional year. Telephone Conversation between Jennifer Lamie, Managing Senior Attorney, CBOE and Ira Brandriss, Special Counsel, Division of Market Regulation, Commission on January 13, 2006. 8 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 8 Jill M. Peterson, Assistant Secretary. [FR Doc. E6-778 Filed 1-23-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53111; File No. SR-NASD-2006-002] Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Related to Non-NASD Member Broker-Dealer Access to Nasdaq's Brut Facility January 12, 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 January 3, 2006, the National Association of Securities Dealers, Inc. (“NASD”), through its subsidiary, The Nasdaq Stock Market, Inc. (“Nasdaq”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by Nasdaq. On January 12, 2006, Nasdaq submitted Amendment No. 1 to the proposed rule change. 3 Nasdaq has filed the proposal pursuant to section 19(b)(3)(A) of the Act 4 and Rule 19b-4(f)(6) thereunder, 5 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Amendment No. 1 made technical changes to the proposed rule change. 4 15 U.S.C. 78s(b)(3)(A). 5 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Nasdaq proposes to continue to provide, through February 8, 2006, broker-dealers that are not members of the NASD access to Nasdaq's Brut facility. Nasdaq states that it would implement the proposed rule change, as amended, immediately. Nasdaq has designated this proposal as non-controversial and has requested that the Commission waive the five-day pre-filing requirement and the 30-day pre-operative waiting period contained in Rule 19b-4(f)(6)(iii) under the Act. 6 6 17 CFR 240.19b-4(f)(6)(iii). The text of the proposed rule change, as amended, is below. Proposed new language is *italicized;* proposed deletions are in [brackets]. 4901. Definitions

(a)through

(h)No Change.

(i)The term “Participant” shall mean an NASD member that fulfills the obligations contained in Rule 4902 regarding participation in the System. Until [December 31, 2005,] *February 8, 2006,* the term “Participant” shall also include non-NASD [members] *broker/dealers* that desire to use the System and otherwise meet all other requirements for System participation.

(j)through

(w)No Change. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Nasdaq included statements concerning the purpose of and basis for the proposed rule change, as amended, and discussed any comments it received on the proposed rule change, as amended. The text of these statements may be examined at the places specified in Item IV below. Nasdaq 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 Under current NASD Rule 4901(i), entities that are not members of the NASD may use the Brut system until December 31, 2005. Nasdaq proposes to amend this provision so as to allow non-NASD member broker-dealers to use the Brut system through February 8, 2006. 7 Nasdaq notes that the continued provision of such access impacts seven current Brut broker-dealer users (four active and three inactive), which Nasdaq believes is similar to access already being provided by the Arca Trading subsidiary of the Archipelago Exchange. 8 Nasdaq commits that Brut will not accept any new broker-dealer subscribers to its system that are non-NASD members during the extended access period for current non-NASD member broker-dealer system users proposed in this filing. 7 Nasdaq states that non-NASD member entities that are not broker-dealers will not be able to use the Brut system beyond December 31, 2005. Nasdaq states that the February 8, 2006 date was selected to coincide with the current deadline for non-NASD member broker-dealers to leave Nasdaq's INET Facility. *See* Securities Exchange Act Release No. 52902 (December 7, 2005); 70 FR 73810 (December 13, 2005) (SR-NASD-2005-128). Nasdaq states that the INET Facility is expected to be merged into the Brut broker-dealer in the near future. 8 *See* Securities Exchange Act Release No. 52497 (September 22, 2005); 70 FR 56949 (September 29, 2005) (SR-PCX-2005-90). 2. Statutory Basis Nasdaq believes that the proposed rule change, as amended, is consistent with the provisions of section 15A of the Act, 9 in general, and with section 15A(b)(6) of the Act, 10 in particular, in that it is designed to promote just and equitable principles of trade, and to remove impediments to a free and open market and a national market system. 9 15 U.S.C. 78o-3. 10 15 U.S.C. 78o-3(b)(6). B. Self-Regulatory Organization's Statement on Burden on Competition Nasdaq does not believe that the proposed rule change, as amended, 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, as amended, is subject to section 19(b)(3)(A)(iii) of the Act 11 and Rule 19b-4(f)(6) thereunder 12 because the proposal:

(i)Does not significantly affect the protection of investors or the public interest;

(ii)does not impose any significant burden on competition; and

(iii)does not become operative prior to 30 days after the date of filing or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest; provided that Nasdaq has given the Commission notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. 11 15 U.S.C. 78s(b)(3)(A)(iii). 12 17 CFR 240.19b-4(f)(6). Nasdaq has requested that the Commission waive the five-day pre-filing requirement and the 30-day operative delay. The Commission believes that waiving the five-day pre-filing requirement and the 30-day operative delay is consistent with the protection of investors and the public interest because such waiver will permit current non-NASD member broker-dealers continued access to the Brut system without disruption. In addition, the Commission notes that the proposed rule's February 8, 2006 date matches the date for which non-NASD members are required to leave Nasdaq's INET facility. For these reasons, the Commission designates the proposed rule change, as amended, to be effective and operative upon filing with the Commission. 13 13 For purposes only of accelerating the operative date of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of such proposed rule change, as amended, 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. 14 14 The effective date of the original proposed rule change is January 3, 2006 and the effective date of Amendment No. 1 is January 12, 2006. For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change, as amended, under section 19(b)(3)(C) of the Act, the Commission considers the period to commence on January 12, 2006, the date on which the Exchange submitted Amendment No. 1. *See* 15 U.S.C. 78s(b)(3)(C). 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 Number SR-NASD-2006-002 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 Number SR-NASD-2006-002. 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, as amended, 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 NASD. 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-NASD-2006-002 and should be submitted on or before February 14, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Jill M. Peterson, Assistant Secretary. [FR Doc. E6-777 Filed 1-23-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53117; File No. SR-PCX-2005-87] Self-Regulatory Organizations; Pacific Exchange, Inc.; Order Approving Proposed Rule Change, and Amendment No. 1 Thereto, Relating to the Tracking Order Process January 13, 2006. I. Introduction On July 26, 2005, the Pacific Exchange, Inc. (“PCX” or “Exchange”), through its wholly-owned subsidiary PCX Equities, Inc. (“PCXE”), 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 replace the existing PCXE rules describing its current tracking order process (“Tracking Order Process”) 3 with new provisions for the Tracking Order Process. The PCX filed Amendment No. 1 to the proposed rule change on November 22, 2005. 4 The proposed rule change, as amended, was published for comment in the **Federal Register** on December 13, 2005. 5 The Commission received no comments on the proposed rule change, as amended. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* PCXE Rule 7.37(c). 4 Amendment No. 1, which replaced the original filing in its entirety, made technical and clarifying changes to the proposed rule change. 5 *See* Exchange Act Release No. 52898 (Dec. 6, 2005), 70 FR 73811 (Dec. 13, 2005) (“Notice”). II. Description The PCX proposes to amend its rules governing the Archipelago Exchange (“ArcaEx”), the equities trading facility of PCXE. Specifically, the Exchange proposes to restructure its Tracking Order Process by modifying the current rule text governing the Tracking Order Process 6 to implement a process based on the submission of orders, rather than instructions, to be executed in price/time priority. 7 6 *See* PCXE Rule 7.37(c). 7 *See* proposed PCXE Rule 7.31(f). PCX represents that the purpose of the Tracking Order Process is to provide a final opportunity for execution against any remaining liquidity on the ArcaEx system before routing to an away market center. 8 Under the proposed rule change, as is currently the case, if an order submitted to the ArcaEx has not been executed in its entirety after progressing through ArcaEx's directed order, display order and working order processes, 9 the order (or the remaining portion of the order) would enter the Tracking Order Process. An incoming order would be matched to Tracking Orders held in the Tracking Order Process based on the price and time the Tracking Order was received. Under the proposal, a “Tracking Order” is an undisplayed, priced round lot order that is eligible for execution in the Tracking Order Process against an order equal to or less than the aggregate size of Tracking Order interest available at that price. 10 Tracking Orders would execute only if the price of the Tracking Order is equal to or better than the national best bid or offer (“NBBO”). 11 Pursuant to the proposed rule change, odd lot orders would continue to be matched to odd lot tracking orders held in the Tracking Order Process in accordance with a user's 12 set parameters, such as maximum aggregate size, maximum tradeable size, and the price (which is set at the NBBO). 13 8 *See* Notice. 9 *See* PCXE Rule 7.37 for a description of the ArcaEx execution processes that precede the Tracking Order Process, including the directed process, display process, and working order process. *See also* proposed PCX Rule 7.37(c). 10 *See* Proposed PCXE Rule 7.31(f). 11 *See* PCXE Rule 7.37. 12 “User” is defined in PCXE Rule 1.1(yy). 13 *See* current and proposed PCXE Rule 7.31(g) for a definition of the odd lot tracking order and proposed PCXE Rule 7.37(c) for a description of the odd lot tracking order process. III. Discussion After careful review, the Commission finds that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 14 In particular, the Commission finds that the proposal, as amended, is consistent with Section 6(b)(5) of the Act, 15 which requires, among other things, that a national securities exchange's rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 14 In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 15 15 U.S.C. 78f(b)(5). The Commission believes that under the proposal, incoming orders executed in the Tracking Order Process should be executed in a manner equivalent to that under PCX's existing rules, but that the proposed rule change should simplify the process for entering Tracking Orders. Thus, the Commission believes that the proposed changes to the Tracking Order Process do not raise any new issues or regulatory concerns. The Commission notes that an order may not be executed pursuant to the new Tracking Order Process at a price that is inferior to the NBBO. 16 Furthermore, the Commission notes that any order that is not executed in its entirety pursuant to one of ArcaEx's other order execution processes is eligible for matching and execution pursuant to the Tracking Order Process, and that any User of the ArcaEx system may submit a Tracking Order. 17 16 *See* PCXE Rule 7.37. 17 As is currently the case, only an “Odd Lot Dealer,” as defined in PCXE Rule 1.1(gg), may submit an odd lot tracking order. See current and proposed PCXE Rule 7.31(g). IV. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 18 that the proposed rule change (SR-PCX-2005-87), as amended by Amendment No.1, be, and hereby is, approved. 18 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 19 19 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-772 Filed 1-23-06; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10316 and # 10317] Oklahoma Disaster # OK-00002 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1623-DR), dated 01/10/2006 . *Incident:* Severe Wildfire Threat. *Incident Period:* 12/01/2005 and continuing. *Effective Date:* 01/10/2006. *Physical Loan Application Deadline Date:* 03/13/2006. *Economic Injury

(EIDL)Loan Application Deadline Date:* 10/10/2006. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 01/10/2006, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties (physical damage and economic injury loans): Canadian, Cotton, Garvin, Hughes, Lincoln, Logan, Mayes, Okfuskee, Oklahoma, Pottawatomie, Seminole, Stephens. Contiguous Counties (Economic Injury Loans Only): Oklahoma: Blaine, Caddo, Carter, Cherokee, Cleveland, Coal, Comanche, Craig, Creek, Delaware, Garfield, Grady, Jefferson, Kingfisher, Mcclain, Mcintosh, Murray, Noble, Okmulgee, Payne, Pittsburg, Pontotoc, Rogers, Tillman, Wagoner. Texas: Clay, Wichita. The Interest Rates are: Percent For Physical Damage: Homeowners with credit available elsewhere 5.375 Homeowners without credit available elsewhere 2.687 Businesses with credit available elsewhere 6.557 Businesses and pon-profit organizations without credit available elsewhere 4.000 Other (including non-profit organizations) with credit available elsewhere 5.000 For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 103165 and for economic injury is 103170. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-762 Filed 1-23-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10314 and #10315] Puerto Rico Disaster #PR-00001 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the Commonwealth of Puerto Rico dated January 10, 2006. *Incident:* Severe Storm, Flooding and Mudslides. *Incident Period:* October 9, 2005 through October 15, 2005. *Effective Date:* January 10, 2006. *Physical Loan Application Deadline Date:* March 13, 2006. *Economic Injury

(EIDL)Loan Application Deadline Date:* October 10, 2006. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Municipalities: Lares, Penuelas, Ponce, Toa Baja. Contiguous Municipalities: Puerto Rico: Adjuntas, Bayamon, Camuy, Catano, Dorado, Guayanilla, Hatillo, Jayuya, Juana Diaz, Las Marias, Maricao, San Sebastian, Toa Alta, Utuado, Yauco. The Interest Rates are: Percent Homeowners With Credit Available Elsewhere 5.375 Homeowners Without Credit Available Elsewhere 2.687 Businesses With Credit Available Elsewhere 6.557 Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere 4.750 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10314 6 and for economic injury is 10315 0. The States which received an EIDL Declaration # are Puerto Rico. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: January 10, 2006. Hector V. Barreto, Administrator. [FR Doc. E6-759 Filed 1-23-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10322 and # 10323] Texas Disaster # TX-00097 AGENCY: U.S. Small Business Administration. *Administration Action:* Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Texas (FEMA-1624-DR), dated 01/11/2006. *Incident:* Extreme Wildfire Threat. *Incident Period:* 12/01/2005 and continuing. *Effective Date:* 01/11/2006. *Physical Loan Application Deadline Date:* 03/13/2006. *Economic Injury

(EIDL)Loan Application Deadline Date:* 10/11/2006. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 01/11/2006, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties (Physical Damage and Economic Injury Loans): Callahan, Cooke, Eastland, Erath, Hood, Montague, Palo, Pinto, Tarrant, Wise. Contiguous Counties (Economic Injury Loans Only): Texas: Bosque, Brown, Clay, Coleman, Comanche, Dallas, Denton, Ellis, Grayson, Hamilton, Jack, Johnson, Somervell, Stephens, Taylor, Young. Oklahoma: Jefferson, Love. The Interest Rates are: Percent For Physical Damage: Homeowners with credit available elsewhere 5.375 Homeowners without credit available elsewhere 2.687 Businesses with credit available elsewhere 6.557 Other (including non-profit organizations) with credit available elsewhere 5.000 Businesses and non-profit organizations without credit available elsewhere 4.000 For Economic Injury: Businesses & small agricultural cooperatives without credit available elsewhere 4.000 The number assigned to this disaster for physical damage is 103225 and for economic injury is 103230. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-761 Filed 1-23-06; 8:45 am] BILLING CODE 8025-01-P SOCIAL SECURITY ADMINISTRATION Agreement on Social Security Between the United States and Japan; Entry Into Force AGENCY: Social Security Administration (SSA). ACTION: Notice. SUMMARY: The Commissioner of Social Security gives notice that an agreement coordinating the United States (U.S.) and Japanese social security programs entered into force on October 1, 2005. The agreement with Japan, which was signed on February 19, 2004, is similar to U.S. social security agreements already in force with 20 other countries—Australia, Austria, Belgium, Canada, Chile, Finland, France, Germany, Greece, Ireland, Italy, Korea (South), Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, and the United Kingdom. Agreements of this type are authorized by section 233 of the Social Security Act (42 U.S.C. 433). Like the other agreements, the U.S.-Japanese agreement eliminates dual social security coverage—the situation that exists when a worker from one country works in the other country and is covered under the social security systems of both countries for the same work. When dual coverage occurs, the worker or the worker's employer or both may be required to pay social security contributions to the two countries simultaneously. Under the U.S.-Japanese agreement, a worker who is sent by an employer in one country to work in the other country for 5 years or less remains covered only by the sending country. The agreement includes additional rules that eliminate dual U.S. and Japanese coverage in other work situations. The agreement also helps eliminate situations where workers suffer a loss of benefit rights because they have divided their careers between the two countries. Under the agreement, workers may qualify for partial U.S. benefits or partial Japanese benefits based on combined (totalized) work credits from both countries. Individuals who wish to obtain copies of the agreement or want more information about its provisions may write to the Social Security Administration, Office of International Programs, Post Office Box 17741, Baltimore, MD 21235-7741 or visit the Social Security Web site at *http://www.socialsecurity.gov/international* . Dated: January 13, 2006. Jo Anne B. Barnhart, Commissioner of Social Security. [FR Doc. E6-758 Filed 1-23-06; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 5280] Title: Statement of Policy on J-1 Flight Training Programs AGENCY: Department of State. ACTION: Statement of policy. DATES: *Effective Date:* This policy is effective January 24, 2006. FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, U.S. Department of State, SA-44, 301 4th St., SW., Room 734, Washington, DC 20547. E-mail: *jexchanges@state.gov;* FAX: 202-203-5087. SUMMARY: The Department hereby announces its policy regarding flight training programs, which are governed by the Department's Exchange Visitor Program regulations appearing in 22 CFR part 62. Since 1949 the Department has designated private sector and governmental entities to conduct training programs for eligible foreign nationals. For the past twenty years, flight training activities have been authorized and currently, eight organizations facilitate the entry into the United States of some 350 foreign nationals yearly for the purpose of flight training. Flight training programs utilizing the J visa are regulated by the Department under the authority of the Mutual Educational and Cultural Exchange Act of 1961, as amended (Fulbright-Hays Act), 22 U.S.C. 2451 et seq.; the Immigration and Naturalization Act, 8 U.S.C. 1101(a)(15)(J); the Foreign Affairs Reform and Restructuring Act of 1998, Public Law 105-277; as well as other statutory enactments, Reorganization Plans and Executive Orders. Regulations dealing specifically with flight training programs appear at 22 CFR 62.22(n). Certain flight training programs also utilize the M visa, which is regulated and administered by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Regulations governing the M visa appear at 8 CFR 214.2(m). The USA Patriot Act of 2001 (“The Uniting and Strengthening Act By Providing Appropriate Tools Required to Intercept and Obstruct Terrorism”), Public Law 107-56, mandated that the Department of State, the Department of Homeland Security, the Department of Education, and the Attorney General, all take cognizance of and undertake certain actions regarding flight training programs. The Department of State has determined that it does not have the expertise and resources to fully monitor flight training programs and insure their compliance with the national security concerns expressed in the Patriot Act. Consequently, as a matter of policy, the Department of State will henceforth not designate any new J visa flight training programs, nor will it permit currently-designated flight training programs to expand their programs, pending a determination as to which Federal agency ultimately will be tasked with the administering and monitoring of such programs. Redesignation of programs will continue as required by existing regulations. Dated: January 18, 2006. Stanley S. Colvin, Director, Office of Exchange Coordination, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E6-821 Filed 1-23-06; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5262] Arms Control and Nonproliferation Advisory Board (ACNAB) Meeting Notice; Closed Meeting In accordance with section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. app 2 section 10(a)(2), the Department of State announces a meeting of the Arms Control and Nonproliferation Advisory Board (ACNAB) to take place on January 30, 2006, at the Department of State, Washington, DC. Pursuant to section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. app 2 section 10(d) and 5 U.S.C. 552b(c)(1), it has been determined that this Board meeting will be closed to the public in the interest of national defense and foreign policy because the Board will be reviewing and discussing matters classified in accordance with Executive Order 12958. The purpose of the ACNAB is to provide the Department with a continuing source of independent advice on all aspects of arms control, disarmament, international security, and public diplomacy. The Board will be briefed on current U.S. policy and issues regarding Weapons of Mass Destruction and Counter-Terrorism, as well as issues related to the Proliferation Security Initiative (PSI). The Board will also review specific classified arms control and nonproliferation issues as potential first topics for the Board's consideration. In addition, the agenda will include administrative matters related to the Board's first meeting. *For Further Information Contact:* Matthew Zartman, Deputy Executive Director of the Arms Control and Nonproliferation Advisory Board, Department of State, Washington, DC 20520, phone:

(202)647-0440. Dated: January 9, 2006. George W. Look, Executive Director of the Secretary's Arms Control and Nonproliferation Advisory Board, Department of State. [FR Doc. E6-822 Filed 1-23-06; 8:45 am] BILLING CODE 4710-27-P DEPARTMENT OF STATE [Public Notice 5281] Title: Statement of Policy on J-1 Agriculture Training Programs AGENCY: Department of State. ACTION: Statement of policy. DATES: *Effective Date:* This policy is effective January 24, 2006. FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, U.S. Department of State, SA-44, 301 4th St., SW., Room 734, Washington, DC 20547. E-mail: *jexchanges@state.gov;* FAX: 202-203-5087. SUMMARY: The Department hereby announces its policy regarding agriculture training programs, which are governed by the Department's Exchange Visitor Program regulations appearing in 22 CFR part 62. Since 1949 the Department has permitted designated sponsors to conduct programs designed to train individuals in many industrial, professional, agricultural, and other occupational skills. Training programs utilizing the J visa are regulated by the Department under the authority of the Mutual Educational and Cultural Exchange Act of 1961, as amended (Fulbright-Hays Act), 22 U.S.C. 2451 et seq.; the Immigration and Naturalization Act, 8 U.S.C. 1101(a)(15)(J); the Foreign Affairs Reform and Restructuring Act of 1998, Public Law 105-277; as well as other statutory enactments, Reorganization Plans and Executive Orders. Regulations dealing with training programs appear at 22 CFR 62.22. In 2005, the Government Accountability Office

(GAO)examined the Department's management of the J visa Summer Work Travel and Trainee programs to ensure that only authorized activities are carried out under the programs and to identify potential risks of the programs and the data available to the Department to assess those risks. (“Stronger Action Needed to Improve Oversight and Assess Risks of the Summer Work Travel and Trainee Categories of the Exchange Visitor Program,” GAO-06-106, October 2005.) Among other things, the GAO Report found that there was a potential that the trainee programs could be misused as employment programs and that trainees could be exploited by employers or other third parties. Agricultural training programs were found to be particularly problematic because of the potential for fraud. Abuses of the training regulations were not hidden; there were cases where there was not even an attempt to represent jobs as training, and which certain employers referred to their program participants as employees, rather than trainees. In one case cited, four trainees were placed with dairy farms that had an agreement with the program sponsor. Only one of the trainees had a firm grasp of English, and only one of the four farms participating in the program had a structured training plan. There were questions as to whether such programs were merely utilizing trainees for cheap labor and whether the trainees were simply receiving enough training to perform their work. (GAO Report, pp. 17, 21). The Department has taken steps to address these concerns. Among other things, the Department has consulted with the Department of Labor and the Department of Agriculture in order to develop ways to better monitor agricultural training programs and to determine whether such agriculture training programs are subject to, and if so, whether they are in compliance with, existing statutes such as the Fair Labor Standards Act, as amended, 29 U.S.C. 201, et seq., and the Migrant and Seasonal Agricultural Workers Protection Act, Public Law 97-470, 29 U.S.C. 1801 et seq. Pending the Department's resolution of these outstanding issues, the Department of State will not designate any new J visa agricultural training programs, nor will it permit currently-designated training programs offering agricultural training to expand the agricultural training component of their programs. Redesignation of programs will continue as required by existing regulations. Dated: January 18, 2006. Stanley S. Colvin, Director, Office of Exchange Coordination, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E6-820 Filed 1-23-06; 8:45 am] BILLING CODE 4710-05-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Generalized System of Preferences (GSP): Notice of Closure of Case 017-CP-05, Protection of Intellectual Property in Pakistan, in the 2005 Annual Country Practice Review AGENCY: Office of the United States Trade Representative. ACTION: Notice. SUMMARY: This notice announces closure of the review for case 017-CP-05, Protection of Intellectual Property in Pakistan. FOR FURTHER INFORMATION, CONTACT: Marideth Sandler, Executive Director of the GSP Program, Office of the United States Trade Representative (USTR), Room F-220, 1724 F Street, NW., Washington, DC 20508. The telephone number is

(202)395-6971 and the facsimile number is

(202)395-9481. SUPPLEMENTARY INFORMATION: The GSP program provides for the duty-free importation of designated articles when imported from beneficiary developing countries. The GSP program is authorized by Title V of the Trade Act of 1974 (19 U.S.C. 2461, et seq.), as amended (the “Trade Act”), and is implemented in accordance with Executive Order 11888 of November 24, 1975, as modified by subsequent Executive Orders and Presidential Proclamations. In the 2005 Annual Review, the GSP Subcommittee of the Trade Policy Staff Committee

(TPSC)is reviewing petitions concerning the country practices of certain beneficiary developing countries of the GSP program. As a result of that review, the TPSC has decided to close the review for case 017-CP-05 regarding protection of intellectual property rights in Pakistan. The Petitioner was the International Intellectual Property Alliance (IIPA). The results of other ongoing country practice reviews in the 2005 Annual Review will be announced in the **Federal Register** at a later date. Marideth J. Sandler, Executive Director, GSP Program. [FR Doc. E6-809 Filed 1-23-06; 8:45 am] BILLING CODE 3190-W6-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Agency Information Collection Activity Under OMB Review, Request for Comments; Approval of a New Information Collection Activity, International Survey of Human Factors in Maintenance Organizations AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: Organizations that are approved to conduct aircraft maintenance are certified and regulated under CFR 14, Title 49, FAR part 145, or international equivalent (Henceforth referred to as part 145). The information collected will be used to assess what companies have done, are doing or are planning to do regarding the human factors elements of part 145. A partial list of subjects includes training, error management, fatigue management, and additional human factors metrics. Additionally, respondents will be asked to describe their organization's support of their human factors program. This will involve collecting data from companies world-wide. The FAA invites public comments about our intention to request the Office of Management and Budget's

(OMB)approval of this new information collection. A notice for public comment was published in the **Federal Register** on 7/6/2005, vol. 70, #128, page 39000. DATES: Please submit comments by February 23, 2006. FOR FURTHER INFORMATION CONTACT: Judy Street on

(202)267-9895. SUPPLEMENTARY INFORMATION: Federal Aviation Administration

(FAA)*Title:* International Survey of Human Factors in Maintenance Organizations. *Type of Request:* Approval of a new collection. *OMB Control Number:* 2120-xxxx. *Form(s):* Human Factors Survey Form. *Affected Public:* A total of 1,080 respondents. *Frequency:* Conducted on an as-needed basis. *Estimated Average Burden Per Response:* Approximately 30 minutes. *Estimated Annual Burden Hours:* An estimated 540 hours annually. *Abstract:* Part 145 organizations will receive an invitation via e-mail to complete a web-based survey. The information collected will be used to assess what companies have done, are doing or are planning to do regarding the human factors elements of part 145. A partial list of subjects includes training, error management, fatigue management, and additional human factors metrics. Additionally, respondents will be asked to describe their organization's support of their human factors program. This will involve collecting data from companies world-wide. ADDRESSES: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention FAA Desk Officer. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on January 13, 2006. Judith D. Street, FAA Information Collection Clearance Officer, Information Systems and Technology Services Staff, ABA-20. [FR Doc. 06-596 Filed 1-23-06; 8:45 am]

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